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Home My WebLink AboutMerrill Gardens at Huntington Beach, LLC - 2014-02-26This Document was electronically recorded by_ City of Huntington Beach Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder RECORDING REQUESTED BY ) 1111111111111111111111II III111111111111111111111111111111111111111 1111NO FEE AND WHEN RECORDED RETURN TO: '14ll 3 406 Al2 7 2014000119162 10:12am 03/31/14 b.00 0.00 0.00 0.00 18.00 0.00 0.00 0.00 City Clerk ) City of Huntington Beach ) 2000 Main Street ) Huntington Beach, CA 92648 ) [Space above this line for Recorder's use.] This document is exempt from recording fees pursuant to Government Code Section 6103. SPECIAL UTILITY EASEMENT AGREEMENT For valuable consideration, receipt of which is hereby acknowledged, Merrill Gardens at Huntington Beach, LLC, a Washington limited liability company (hereinafter "GRANTOR"), hereby grants and conveys to the City of Huntington Beach, a municipal corporation of the State of California (hereinafter "CITY") a perpetual non-exclusive easement and right of way to install, maintain, repair, improve and relocate a pipeline or pipelines, with incidental ordinary and necessary appurtenances and connection(s), in, on and under said real property for its entire length and full width as described on Exhibit A and Exhibit B (attached hereto and incorporated by this reference), and made a part hereof, and to construct structures for the transmission and delivery of water, or reclaimed water, including but not limited to, manholes, measuring devices, air valves, blow -offs, stations, standpipes, fire hydrants, and service connection structures appurtenant to said line or lines, which structures may extend above the surface of the ground; together with the right to enter and traverse upon other land of GRANTOR in order to obtain access to and along said strip of land and to deposit tools, implements and material thereon by CITY, its officers, agents and employees or by persons under contract to CITY, whenever and wherever necessary for the purpose of laying, constructing, reconstructing, renewing, inspecting, maintaining, operating, repairing, enlarging, replacing and using said water transmission and delivery line or lines. agree/city wide/special utility easement I GRANTOR retains the right to use the surface of the non-exclusive right to use the subsurface areas of the easement and right of way in such manner as GRANTOR shall deem proper. GRANTOR may request CITY to change or relocate CITY's water mains or any equipment incidental thereto, at GRANTOR's expense. In the performance of any of the work which CITY is authorized to perform in the area of such easement and right of way, CITY shall avoid, to the extent reasonably possible, any damage or interference with other installations in the areas of such easement or right of way. GRANTOR shall not alter the grade, surface or overhead conditions without prior written approval from CITY. There shall be no less than 20 feet of clear vertical space immediately above the surface areas of the easement measured from finished ground level, nor shall any trees be located within, or overhead into the easement ground area. The CITY agrees to confer with GRANTOR thereof in order that CITY activity will result in a minimum of inconvenience or hardship. CITY accepts the easement and right of way granted hereby with the knowledge that GRANTOR intends to improve the surface of the easement herein granted and use the same for motor vehicle travel, pedestrian access, landscaping and related purposes. In making any installation or in the performance of any work, CITY shall adequately protect its installations against such use. In making any use of this easement, CITY shall: (a) Make adequate provision for the safety and convenience of all persons using such areas or other improvements or facilities in such areas; (b) Replace and restore the areas and surface improvements to the condition in which they were prior to the performance of such work, except for any enhanced pavement treatments other than asphalt concrete, any landscaping, and any landscape irrigation facilities which shall be the responsibility of GRANTOR; (c) Have no obligation for maintenance, repair or replacement of enhanced pavement treatments, landscaping or irrigation facilities; and (d) Hold GRANTOR and other users of the easement harmless against all claims, liabilities or expenses, including costs and attorneys' fees, arising from CITY's use of such area. agree/city wide/special utility easement 2 In its use of the easement and right of way herein granted, CITY shall not permit any claim, lien or other encumbrance arising from such use to accrue against or attach to said easement and right of way or the interest of GRANTOR in the land in, on and under which said easement is granted. IN WITNESS WHEREOF, this Special Utility Easement has been executed by GRANTOR herein this �C day of Io'rJ a,r , 2014. GRANTOR Merrill Gardens at Huntington Beach, LLC, a Washington limited liability company By:l�li ji'1�'LI ��o�Ciint,'SC�..,c+DFltt+.ve�r2 1 C` � Ctlp.lr' / C.Cr•M \ :.tny � i`S 501i. C_✓t 1l �,� ' � 7-a"4r�r ;fit (print name) ITS: ' cle one) Chairman/President/Vice Presiden ssistant Secretary By: z / (print name) sr. ITS: (circle one) Chairman/Presidentkice Presiden Assistant Secretary CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California /KDirector of Pub' is Works ATTEST: 444 • City Clerk (PURSUANT TO RESOLUTION NO. 2003-29) APPROVED AS TO FORM: � V 1 City Attorne APPROVED: City Manager agree/city wide/special utility easement NOTARY ACKNOWLEDGEMENT State of CLS�N� u) ) SS County of �$✓1I- � On thisrq(O"--C&14-fE6r-" �ybe e me, . ern i-fer A, Wei-ti` , . Klofcnr i J6`�C , DATE NAME, TITLE OF OFFICER-E.G., "JANE DOE, NO ARY PUBLIC personally appeared AME(S) OF SIGNER(9) who roved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is rr ubscribed to the within instrument and acknowledged to me that he/she hey executed the same in his/her ill e r authorized capacity (ies), and that by his/her/ eir ignature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. JENNIFER A. VALENTA Witness my hand ! NOTARY PUBLIC SIGNATURE / STATE OF WASHINGTON Notary u lic it A4d for said Statec?pwrAsl• ,^kf-� COMMISSION EXPIRES �� t r_� �0 (� �� OCT06ER 19, 2015 (NAME PRINTED) G:\Engineering Division\Hernandez\DEVELOPMENT\Water Easements\Edinger 7441 (Boardwalk Apts)\New Notary Statement (03- 05-08)jrw.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 State of California . l' County of On PW 26 .O before me, • L . �� ? i �L/� , Me Here Insert Nam and Title of the Officer M 111 who proved to me on the basis of satisfactory evidence to be the persor wj whose namq! are subscribed to the within instrument and acknowledged to me that -he% the executed the same in eir uthorized capacityCies3 and that by hisft eir signatures on the instrument the person 's d or the entity upon behalf of which the persor�(s)�acted, executed the instrument. r P. L. ESPARZA I certify under PENALTY OF PERJURY under the ' Commission to 203275-0 laws of the State of California that the foregoing i -� Notary Public - Catlfornia D. paragraph is true and correct. a Orange County M Comm. Ex ires Aug4, 2017 WITNESS my hand and official seal. Signature: Place Notary Seal Above Signature of Vary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: ��` ✓�r,L f�T7Lizy �E�Opyr0?; Document Date: Signer(s) Other Than Named Above: _ Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 9n1PNatinnal NntarvAssnciatinn • Natinna1Nntarv.nra • Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 Item SHEET 1 OF 1 EXHIBIT A LEGAL DESCRIPTION WATER METER EASEMENT THE NORTHERLY 13.25 FEET OF THE SOUTHERLY 76.02 FEET OF THE WESTERLY 7.50 FEET OF PARCEL 2 OF PARCEL MAP 97-120 FILED IN BOOK 299, PAGES 19 THROUGH 22, INCLUSIVE OF PARCEL MAPS, RECORDS OF ORANGE COUNTY, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA. CONTAINS 99 SQ. FT., OR 0.002 ACRES, MORE OR LESS. AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOFJA DATED THIS DAY OF 2014. 5�0 SAND Sv NZ4�� CW��OF M:AMapping\l 198\0 1 \Legal s\Water Meter\1 19801 WM ESMT Exh A (legal).doc WARNER AVENUE 1 50' to N to W 0 o o to to 61/ N t7 I• W O O O 1 v — (50.00 — — — — ®I w 50' J 00 ®00o C7 � Z v I PARCEL MAP NO. Oa 9742 WATER METER EASEMENT PARCEL 2 I _J N LO O N to t7 I• I• I• N c0 N PMS 2991 fl g - 22 (205.00') lip =40' (N89-30'52"W I 255.00')T 2 I 3 TRACT No. 4053 M.M. I I M I� -� 7 I BETTY DRIVE - Q — — PREPARED BY ME OR UNDER MY DIRECTION: LAND SUNG \v�� L. USF��O R NOTE: BEARINGS AND DISTANCES IN PARENTHESES *�jF IS 5341 �� P.M.97 �120, PEM BC 99D/ 9E 2 AL. U ELT N, L.S. 5347 DF CAUFp mill EXHIBITS' DATE. FEB. 13,2014 SCALE. 1 " = 40' F U SCO E SKETCH TO ACCOMPANY LEGAL DESCRIPTION JN: 1198.001 11111111 WATER METER EASEMENT E N G I N E E R I N G SHEET 1 OF 1 16795 Von Korman, Suite 100, Irvine, California 92606 17200 GOLDENINEST tel 949.474.1960 o fax 90.VA.5315o www.fuscoe.com CITY OF HUNTINGTON BEACH M:\Mapping\1198\01\Legals\Water Meter\119801 WM ESMT Exh 8 (sketch).dwg