HomeMy WebLinkAboutLAGUNA BEACH COUNTY WATER DISTRICT - 1974-07-01BICYCLE' A`ND PEDESTRIAN TRAIL EASE MI EMIT
LAGUNA 15EACH COUNTY WATER DISTRICT, hereinafter called
"Grantor, " does hereby grant to the CITY OF HUNTINGTON BEACH, a
municipal corporation, hereinafter called "Grantee, " an easement for
bicycle and pedestrian trail purposes in, on, under, over, along and
across that certain real property in the City of Huntington B 11, County
of Orange, State of Califoraia, described as follows,
The north 40. 00 feet of the northwest quarter of Section 18,
Township 6 south, flange 10 west, as shown ,,n a reap recorded
in Book 51, page 14, Miscellaneous Alaps, records of \range
County.
Excepting therefrom those portions previously dedicated for
highway pur pc».,; and the Orange County- Flood Control District
right-of-way.
The foregoing grant is made subject to the following terms and con-
ditions:
1. Grantee agrees to hold harmless and indemnify Grantor to the
fullest extent to which it can legally do so, from and against all claims,
liens, encumbrances, actions, loss, damage, e pense and/or liability
arising from or growing out of loss or damage to property, including
Grantor's own property, or injury to or death of persons, including
employees of Grantor, resu. Ling in any manner .whatsoever, directly or
indirectly, by reason of the exercise of the rights hereby granted; provided,
however, that tis covenant shall not apply in those instances where such
claims, liens, encumbrances, actions, loss, darn age, expense and/or lia-
bility are proximately caused in whole or in par: by any active aagligence
of Grantor..
2. Grantor shall have full unobstructec( access to its facilities at
all times and the right to clear, keep clear and remove any and all obstruc-
tions of any kind at all times.
3. Grantor shall not erect or place at any future time any of its
facilities so as to unrcasonably interfere with the rights of Grantee created
by this aasernent grant.
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4. The above -described real property is to be used only for the !
2 purpca?s specified herela and in the event;
,3 i (a) said real property is not so used;
4 (b) the project for which this easement is being
5:1 grant,:d is abandoned,
5 the easement shall thereupon, ipso facto, revert to and merge in the interest
7 of Grantor in the above -described real property.
5. Upon termination or reversion of the rights herein granted,
Grantee shall execute and deliver to Grautor, within thirty (30) days after
101 service of a written demand therefor, a good and sufficient quitclaim deed
11 to the rights herein given. Should Grantee fail or refuse to deliver to Granto.
1� a quitclaim deed, as air ren_ id, a written notice by Grantor reciting the
13 failure or refusal of Grantce to execute and deliver said quitclaim deed as
14 herein provide,-: and terminating this easement shall, after ten (10) days
15 from the date of recordation of said notice, be conclusive evidence against
16 Grantee and all persons claiming under Grantee of the termination or
17 reversion of the rights herein given.
18 6. As a controlling part o' the consideration for the execution and.
2.9 delivery of this instrument by Grantor, the easement is accepted upon and su -
20 ject to the express condition that the improvement for which the easement is
21 given, regardless of the time performed, and any other wore: or improvement
22 commenced within. two (2) years from the date of recording of this easement
23 (which improvement and other work or improvement are hereinafter some..
2`l times collective? ,all.ed''Improve ment" .' shall he dons: without any cost or
r
2y expense whatsoever to Grantor, and that in the event a special a.s�-Pssment
261 or assessments is or are levied by an a ithorized lawful body against the real
271 property of Grantor for the improvement, Grantee agrees that it will. reim-
28 ' burse Grantor and it shall be the binding obligation of the Grantee to rcim-
29 burse Grantor for the full amount of any and all such special assessment or
30 asseesments so levied for said Imprnternent and paid by Grantor.
31 7. As a controlling part of the consideration for the; execution and
32 delxr.-ory;of this ainstrv.ment lay Grantor, Grantee covenants, for itself, its
LAB, O.PTzrM OF
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I successors and assigns, to construct and maintain the bicycle and pedestrian
21 trails to be l.-tcated on the above -described property at its own expense:.
3 8. The ttivo (2) year limitation contained in paragraph 6 above
4 to the contrary notwithstanding, Grantee agrees that it will reimburse
5 Grantor for the :Full amount of any and all special assessment or -assess-
6 ments levied for bicycle and pedestrian trails and/or other improvements
7y which may at any time be installed at this location, which specia: assess-
8 ,ment or assessments have been paid by Grantor.
9 9. Grantee hereby recognizes Grantor's title and interest in and
101 to the above -described real property and agrees never to assail or resist
11I Grantor's title or interest therein.
12 la. It is mutu;_liy understood and agreed between the Grantor and
13the Grantee that the term of this easement s gall be three years from the
141( date hereof at which time this easement shall terminate and expire, pro-
15 1 vided, however that it is agreed that in order to cause this easement to
16 terminate and expire, a written notice must be given by one party hereto
17 to the other, and such notice may be given by either party to the other, on
18 I or before six (6) months prior to the end of the three-year term electing to
19 cause said easement to terminate and giving notice thereof. In the event
20 such written notice is not given, said easement shall continue for an. addi-
2.i tional three-year term and the same provision. for termination and for notice
22 and for automatic renewal in the absence of such notice shall be applicable
23 as to each three year renewal,
24 IN WIT —NI SS WHEREOF, the LAGUNA BEACH COUNTY WATER.
25 DISTRICT has caused its corporate name and seal to be affixed hereto and
26 this instrument to be executed by the appropriate corporate officers, there--
27 unto duly authorized, this_L ay of � �jo— �, 1974.
2 8 L.AGCINJA BEACH COUNTY WATER
DISTRICT
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JDANTA- A"O_
THE CITY OF HUNTINGTON BEACH does hereby accept the above
and forego—ig easement upon and subject to all of the terms, covenants and
conditions therein contained, and does hereby agree to comply with and per-
form each and all of said terms, covenannd conditions,
DATE as of this.,q'1i,,W day of 1974,,.
CITY OF HUNTINGTON BEACH,
a municiPA corporation
ATTEST; �, By
Mayo
City. Clerk
APPROVED AS TO FORM:
J ri
Ci y Attorney
J
■ia
CERTIFIC.A�TION
I, JOSEPH R. SWE ANY, Secretary of the LA.GUI<'A BEACH COUNTY WATER
DISTRICT, of Orange County, California, do hereby certify that the foregoing
Resolution No. 229 was duly adopted at a regular meetin '
of the Board of Directors of said District, held on the 18th day of une
19 74, by the following vote of members of the Board:
AYES: Directors Hastie, Schoenleber, geemer, Waterman, and jahraus
NOES: None
ABSENT: None
and I further certify that Richard Jahraus _ , as Presi 'ent, and JGSEPH R.
SWEANY, as Secretary, signed and approved said Resolution on the 18th _ day of
June , 19 74
Secre"ta.ry
of the LAGUNA BEACH COUP . .Y WATER
DISTRICT.
STATE OF CALIFORNIA)
) ss.
County of Orange
I. JOSEPH R. SWEANY, Secretary of the LAGUNA BEACH COUNTY WATER
DISTRICT, of Orange County, California, do hereby certify that the foregoing is a
fur?, true and clear copy of Resolution No. 229 , passed and adopted by the
Board of Directors of said District at a regular meeting* there
held on June 18th 19 74
IN WITNESS V-71- MEOF, I have hereunto set my hand an]. affixeri the official
seal of said District this 18th day of June
19 74 ,
(District Seal) ZS'ecreta Y of said istrict,
nsµ .Lr �jk 1 "b •� i4 ,.: <1 �u ': .... .. f:
W"C,pRS tiFf3G:R5..
RZ;,&�,RT . �r,yCt Aul-t ===Ct3UN_ry
COKWLTANTS: t WAITS;
x � M
H R p S T R E E T P o So X 981 , LAG UNA 4 t A C H, CA 9 2 6 :2•i t 4 i 4 94... 2 04 t
June 75, 1974
Mr. H. E. Hartge
Acting Director of Public Works
and City Engineer
City of Huntington Beacli
Post Office Box 190
Huntington Beach, California
� 6)�� A F.-C-0 E:
Lac PT. OF PUSLIC WORK
T;1
2 7
Subject: Huntington Beach Property -Bicycle and Pedestrian Trail Fasemenu
Atlanta Avenue
Dear Bill:
Enclosed is executed Grant of Fasement for a bicycle trail on Atlanta
Avenue between Magnolia and Bushard Streets, The easement as written
is really a double dedication of the street portion. You will note that
we have numerous hold harmless clauses and that the riglht to terminate
on specific notice has been provided either party. The easement also
includes a section {page 41 for acceptance by the City of Huntington Beach.
It would be appreciated if you would t this matter to the City Council
for acceptance and return to us tl riginal and two copies. The blue
back .opy is to be retained. by the City.
A:: you know the District is hawng considerable problems with unauth.or--
ized persons dumping trash on the property and generally degrading it.
I don't know whether it is possible to work any kind of a barrier effect
in with the b?cycle trail but if it iq Nye would be grateful.
Vc ry truly yours,
L_ _
Joseph R. STAeany
General Manager
JRS: eve
Enc:
A RESOLUTION' OP ""HE C!"IY (,'OUNCIL CF THE CITY OF
WUNTINGTON BEACH APPROVING TRF ACCLPTANCE OF A
BICYCLE AND Pl-,DESTRIAN TRAIL EASEMENT AND
AUTHORIZING1 "'HE EXECUTION OF A14 EASEMENT AGREEMENT
ItRiEREAS, the Laguna Beact County Water District desires
to rrant an easement to th,e City of Huntington Beach for
1%tcycle and pedestrian trail purposes; and
The City of HuntinFrton Reach desf'res to have control and
i2cess to subject property for purposes of constructing and
!r,illntaining a ticycle and po-de:atrl!m trail,
NOW, THEREFORE , TIE !I RESOLVFD that the City Council of
the City of Hunting!ton Faach does hereby approve and accept
the easement granted by Laguna "!-,each County Water District for
the purpose of providing a bicycle and pedestrian trail, and
".he Mayor and City Clerk are hereby authorized aria directed to
execute such agreement indicating acceptance, and concurrence
with the terms thereof.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a rejr..ular meeting thereof held on the Ist
day of July, 3.974.
ATTEST:
APPROVED AS TG WNTE.N'T:
AV,
.0
A
n
B'
Iva' r, s,� t a n t A"Ittzmey �p P1
Res. No. 3916
STATE OF CALYkT1RNTA )
COUNTY OF ORANGE
CITY OF HUNTINGTOM BEACH
1, Aq.LIGIA 'M. k'ENWORTH, the duly' erected, qualified City
Clerk of the City of Huntingtrn'Heacb, and ex-offic o Clerk of then
City Coe"cil of said City, do hereby cert'fy chat the whole numbtr of
members of the City Council of the City of 'Huntington Beach is eaven�
r."t the foregoing resolution was passed and adopted by the aif .rlr.Mti1
vote of Snore than a majority of all the members of said City Council
at a regular meeting thereof held on the 1st day
of _July 19 74 ,_,_,, 16y '.lie following vote:
AYES: Councilmen:
Bartlett, Gibbs, Matney, Winder, Duke, Coon
NOES: Councilmen:
done
ABSENT: Councilmen:
Shipley
City Clerk and ex-officio Clark
of the City Council of the City
of Huntington Brach, California
. w