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HomeMy WebLinkAboutOcean View School District (OVSD) and Lowe's - 2008-07-07Council/Agency Meeting Held: _ 7�L Z Deferred/Continued to: 1.Appr ve ❑ diti Wally Approved _ ❑ Denied City lerk' Signa re i Council Meeting Date: 7/7/2008 Department ID Number: PW 08-43 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMB SUBMITTED BY: PAUL EMERY, INTERIM CITY ADMINISTRATOR PREPARED BY: TRAVIS K. HOPKINS, PE, DIRECTOR OF PUBL - WORKS C SUBJECT: Approve Special Utility Easement Agreements from Ocean View School District Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: Special Utility Easement Agreements are required from Ocean View School District (District) to grant the City legal access to maintain and repair public water facilities constructed on District property located at 8175 Warner Avenue. Funding Source: Not applicable. Recommended Action: Motion to: 1. Approve and authorize the Mayor and City Clerk to execute the Special Utility Easement Backflow Easement Parcel 1 Agreement; 2. Approve and authorize the Mayor and City Clerk to execute the Special Utility Easement Backflow Easement parcel 2 Agreement; 3. Approve and authorize the Mayor and City Clerk to execute the Special Utility Easement Water Meter Easement; and 4. Authorize the City Clerk 'to record the Special Utility Easement Agreements with the Orange County Recorder. Alternative Action(s): Deny the recommended actions and provide staff with alternative directions. REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 7/7/2008 DEPARTMENT ID NUMBER: 08-43 Analysis: As part of Conditional Use Permit 00-31, the Public Works Department conditioned Lowe's to construct off -site public water improvements. Lowe's was required to construct three public water facilities within private property that included an existing domestic water meter serving the District's property and two City irrigation backflow devices serving the public medians and street trees located along Warner Avenue. Consequently, the City requires Special Utility Easement Agreements (SUEA) that grant the City the legal right to access District property to maintain and repair the public water facilities. On May 5, 2003, the City Council adopted Resolution No. 2003-29 that delegated City staff the authority to execute SUEA's for all future developments without City Council approval with the stipulation that the City and property owner execute the agreement in substantially the same form as the original SUEA approved by the City Attorney's office. Since the District revised and included additional language to the original SUEA, the attached three agreements require City Council approval. Public Works Commission Action: Not required. Strategic Plan Goal: L-5 Improve the efficiency of the development review process. Environmental Status: Not applicable. Attachment(s): 1. Location Map 2. Special Utility Easement Agreement and Exhibits "A" and T for Backflow Easement Parcel 1 (3 copies) 3. Special Utility Easement Agreement and Exhibits "A" and °B" for Backflow Easement Parcel 2 (3 copies) 4. Special Utility Easement Agreement and Exhibits "A" and "B" for Water Meter Easement on Parcel 2 (3 copies) -2- 6/19/2008 11:22 AM ATTACHMENT LOCATION MAP OCEAN VIEW SCHOOL DISTRICT PROPERTY 8175 WARNER AVENUE ATTACHMENT #2 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO City Clerk . City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Recorded in Official Records, Orange County Tom Daly, Clerk -Recorder IINI{IIIINIII{NI IIIINI IINNIIiI{INI {II{ NI{IIIIIIIIIIIIIIIIII NO FEE 2008000341195 08-.40am 07/17/08 100 211 E01 8 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 [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, Ocean View School District (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, and improve backflow equipment and related pipeline, 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 depicted on 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, measuring devices, air valves, blow -offs, stations, standpipes, and service connection structures appurtenant to said pipeline, 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 contra to CITY, whenever and wherever necessary for the purpose of laying, constructing, reconstructing, renewing, inspecting, maintaining, operating, repairing, enlarging, replacing and using said backflow equipment and pipeline. Backflow Easement Parcel 2 Agreement (Page 1 of S) GRANTOR retains the right to use the surface areas and 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 backflc-vl equipment and pipeline 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 the CITY. There shall also be no less than 10 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 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 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 person using such areas or other improvements or facilities in such areas; (b) Replace and restore the areas and surface improvements to substantially the same condition in which they were prior to the performance of such work; (c) Have no obligation for routine maintenance, repair or replacement of enhanced pavement treatments, landscaping or irrigation facilities; and (d) Indemnification. To the fullest extent permitted by law, CITY agrees to indemnify, defend and hold GRANTOR entirely harmless from all liability arising out of. (1) Any and all claims under workers' compensation acts and other employee benefit acts with respect to CITY'S employees or CITY'S consultant's employees arising out of CITY'S work under this Agreement; and Backflow Easement Parcel 2 Agreement (Page 2 of 5) (2) Liability for damages for (a) death or bodily injury to person; (b) injury to, loss or theft of property; (c) any failure or alleged failure to comply with any provision of law or (d) any other loss, damage or expense arising under either (a), (b), or (c) above, sustained by CITY or any person, firm or corporation employed by CITY upon or in connection with the Easement, except for liability resulting from the sole or active negligence, or willful misconduct of the GRANTOR, its officers, employees, agents or independent consultants who are directly employed by the GRANTOR; and (3) CITY, at CITY'S own expense, cost, and risk, shall defend any and all claims, actions, suits, or other proceedings that may be brought or instituted against the GRANTOR, its officers, agents or employees, on any such claim liability, and shall pay or satisfy and judgment that may be rendered against the GRANTOR, its officer, agents or employees in any action, suit or other proceedings as a result thereof. 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 the event that GRANTOR requires LOWE'S HIW, INC. ("LOWE'S"), at the expiration of GRANTOR'S Ground Lease to LOWE'S dated April 13, 1999 (the "Lowe's Lease"), to relocate any backflow equipment or related pipeline installed pursuant to this Agreement, LOWE'S agrees to relocate such equipment and pipeline at LOWE'S sole cost and expense provided that GRANTOR has given LOWE'S and CITY sixty (60) days written notification of the required relocation prior to the final termination of the Lowe's Lease. During the term of the Lowe's Lease, GRANTOR agrees not to require the relocation of any backflow equipment or pipeline that was installed pursuant to this Agreement. In the event that GRANTOR makes the determination that it is necessary for the relocation of such equipment and pipeline to occur during the term of the Lowe's Lease, GRANTOR agrees to relocate such equipment and pipeline at GRANTOR' S Backflow Easement Parcel 2 Agreement (Page 3 of 5) sole cost and expense. Subsequent to the termination of the Lowe's Lease and provided that GRANTOR has not given LOWE'S sixty (60) days written notification of the required relocation prior to the final termination of the Lowe's Lease, LOWE'S shall have no obligation to relocate the backflow equipment or pipeline provided for in this Agreement. CITY agrees not to require the relocation of any backflow equipment or pipeline that was installed pursuant to this Agreement. In the event that CITY makes the determination that it is necessary to relocate such equipment and pipeline, CITY agrees to relocate such equipment and pipeline at CITY' S sole cost and expense. LOWE'S HIW, INC., a Washington corporation, as lessee of the property described on Exhibit A, hereby consents to the above -described easement granted to CITY by GRANTOR. REST OF PAGE INTENTIONALLY LEFT BLANK Backflow Easement Parcel 2 Agreement (Page 4 of 5) IN WITNESS WHEREOF, this Special Utility Easement has been executed by the GRANTOR herein and LOWE'S HIW, INC., this. day of � , l,L�- 2008. GRANTOR: CITY OF HUNTINGTON BEACH, a municipal OCEAN VIEW SCHOOL DISTRICT corporation of the State of California By: �. Board President Mayor A LOWE'S HIW, INC., a Washington corporation OVED AS TO FORM: By: '� /� ��� 6� f �' /, City Attorney print name Its: Michael L. Skiles Vice President By: ,���1► t�� print name Its: fhomm- F nn„ft Assistant Secretary REVI AN APPROVED: Interim City Ad inistrator INITIATED AND APPROVED: Director of Public Wo s Backflow Easement Parcel 2 Agreement (Page 5 of 5) State of California ) County of San Diego ) On March 18, 2008 before me, C. Kawamoto, Notary Public, personally appeared Michael L. Skiles and Thomas E. Maddox, who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons 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. WITNESS my hand and official seal. C. KAWAMOTO Commission # 1763658 Signature C. s Notary Public - California San Diego County Corwn = 23 2011 (Seal) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of L On -79 /'1 Date personally appeared who proved to me on the basis of satisfactory evidence to be the persor6 whose name�4s4gD subscribed to the within instrument and acknowledged to me that heEs e executed the same in ifhei `authorized capacity ie ), and that by_hLqu signature(oon the instrument the person(a or the entity upon behalf of which the persoros 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. WITNESS my han nd o 'cial al. Signature Place Notary Seal Above Signature of N ary 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 cument. Description of Attached Document Title or Type of Document: Document Date: 7: 7� Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact • ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Nar ❑ Individual ❑ Corporate Officer — Title(s): _ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing RIGHTTHUMBPRINT OF SIGNER ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll -Free 1-800-876-6827 EXHIBIT "A" FOR FOR WATER LINE EASEMENT THE LAND REFERRED TO HEREIN IS SITUATED IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING A PORTION OF PARCEL 2 OF PARCEL MAP NO. 2002-125 FILED IN BOOK 338, PAGES 35 THROUGH 39, IN THE OFFICE OF THE RECORDER OF SAID COUNTY. PARCEL "A" BEING A STRIP OF LAND 10.00 FEET IN WIDTH WHICH CENTERLINE IS DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID PARCEL 2, SAID POINT BEING ON THE SOUTHERLY LINE OF SAID PARCEL 2, SAID LINE ALSO BEING THE NORTHERLY RIGHT-OF-WAY LINE OF WARNER AVENUE (60 FEET NORTHERLY ONE-HALF WIDTH); THENCE WESTERLY ALONG SAID SOUTHERLY LINE NORTH 89030' 32" WEST 45.22 FEET TO THE TRUE POINT OF BEGINNING; THENCE DEPARTING SAID SOUTHERLY LINE AT RIGHT ANGLES NORTH 000 29' 28" EAST 12.00 FEET TO THE END OF PARCEL "A". THE SIDELINES OF SAID PARCEL "A" TO BE SHORTENED OR LENGTHENED SO AS TO TERMINATE IN SOUTHERLY LINE OF SAID PARCEL 2. SAID EASEMENT IS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. PATRICK RAY MERCADO * Exp. 12/31 /06 NO. 6382 o OF CAt1f OR��P PATRICK R. MERCADO, P.L.S. 6382 LEGEND EXISTING PARCEL LINES - — STREET/EASEMENT CENTERLINE PROPOSED EASEMENT SCALE:1 °=30' 138.25' N 89'30'32" W LL1 l 00 r ' •1 ` CV 00 O R=90.50' O L=22.51' z 4=14'15' 00" r � 10 � N00°29'28"E 12. PCL 'A' -, III A 00' 20.00' 4---- ` 45.22' `- N 75*15'32" W N 89'30'32" W o R=74.50' n L=18.53' T.P.O.®. A--- 14*15'00" o to WARNER AVE. '— N 89'30'32" W ROR N 89'30'32" W 232.12' SHEET 1 OF 1 DATE:05/12/06 EXHIBIT "B' CANYON PLANNING • ENGINEERING • SURVEYING SKETCH TO ACCOMPANY LEGAL DESCRIPTION j� ] j� 466E "ACANTMVR COYRT. SUITL 200. MM-PT SUCH, C 92660 WATER LINE EASEMENT C O N S U L T 1 N G 848/486-t430 vote[, SAW480-1442 faz POR. PCL. 2 OF P.M. 2002-125, BK. 338, PGS. 35-39 HUNTINGTON BEACH, CALIFORNIA ATTACHMENT RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Huntington Beach 2000 Main Street Huntington Beach, CA.92648 f Recorded in Official Records, Orange County Torn Daly, Clerk -Recorder I!III!Ilia!I III!! II!II IIIII IIIII IIIII IIIII II!Il tIII! IIIII IIIII IiIII IIII IIII NO FEE 2008000341196 08,40am 07/17/08 100 211 E01 9 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 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, Ocean View School District (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, and improve backflow equipment and related pipeline, 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 depicted on 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, measuring devices, air valves, blow -offs, stations, , standpipes, and service connection structures appurtenant to said pipeline, 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 backflow equipment and pipeline. Backflow Easement Parcel 1 Agreement (Page 1 of 5) GRANTOR retains the right to use the surface areas and 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 backflow equipment and pipeline 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 the CITY. There shall also be no less than 10 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 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 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 persoi: - using such areas or other improvements or facilities in such areas; (b) Replace and restore the areas and surface improvements to substantially the same condition in which they were prior to the performance of such work; (c) Have no obligation for routine maintenance, repair or replacement of enhanced pavement treatments, landscaping or irrigation facilities; and (d) Indemnification. To the fullest extent permitted by law, CITY agrees to indemnify, defend and hold GRANTOR entirely harmless from all liability arising out of: (1) Any and all claims under workers' compensation acts and other employee benefit acts with respect to CITY'S employees or CITY'S consultant's employees arising out of CITY'S work under this Agreement; and Backflow Easement Parcel 1 Agreement (Page 2 of 5) (2) Liability for damages for (a) death or bodily injury to person; (b) injury to, loss or theft of property; (c) any failure or alleged failure to comply with any provision of law or (d) any other loss, damage or expense arising under eithe, (a), (b), or (c) above, sustained by CITY or any person, firm or corporation employed by CITY upon or in connection with the Easement, except for liability resulting from the sole or active negligence, or willful misconduct of the GRANTOR, its officers, employees, agents or independent consultants who are directly employed by the GRANTOR; and (3) CITY, at CITY'S own expense, cost, and risk, shall defend any and all claims, actions, suits, or other proceedings that may be brought or instituted against the GRANTOR, its officers, agents or employees, on any such claim o liability, and shall pay or satisfy and judgment that may be rendered against the GRANTOR, its officer, agents or employees in any action, suit or other proceedings as a result thereof. 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 the event that GRANTOR requires LOWE'S HIW, INC. ("LOWE'S"), at the expiration of GRANTOR'S Ground Lease to LOWE'S dated April 13, 1999 (the "Lowe's Lease"), to relocate any backflow equipment or related pipeline installed pursuant to this Agreement, LOWE'S agrees to relocate such equipment and pipeline at LOWE'S sole cost and expense provided that GRANTOR has given LOWE'S and CITY sixty (60) days written notification of the required relocation prior to the final termination of the Lowe's Lease. During the term of the Lowe's Lease, GRANTOR agrees not to require the relocation of any backflow equipment or pipeline that was installed pursuant to this Agreement. In the event that GRANTOR makes the determination that it is necessary for the relocation of such equipment and pipeline to occur during the term of the Lowe's Lease, GRANTOR agrees to relocate such equipment and pipeline at GRANTOR'S Backflow Easement Parcel 1 Agreement (Page 3 of 5) sole cost and expense. Subsequent to the termination of the Lowe's Lease and provided that GRANTOR has not given LOWE'S sixty (60) days written notification of the required relocation prior to the final termination of the Lowe's Lease, LOWE'S shall have no obligation to relocate the backflow equipment or pipeline provided for in this Agreement. CITY agrees not to require the relocation of any backflow equipment or pipeline that was installed pursuant to this Agreement. In the event that CITY makes the determination that it is necessary to relocate such equipment and pipeline, CITY agrees to relocate such equipment and pipeline at CITY'S sole cost and expense. LOWE'S HIW, INC., a Washington corporation, as lessee of the property described on Exhibit A, hereby consents to the above -described easement granted to CITY by GRANTOR. REST OF PAGE INTENTIONALLY LEFT BLANK Backflow Easement Parcel 1 Agreement (Page 4 of 5) IN WITNESS WHEREOF, this Special Utility Easement has been executed by the GRANTOR herein and LOWE' S HIW, INC., this If day of : U-L 2008. GRANTOR: CITY OF HUNTINGTON BEACH, a municipal OCEAN VIEW SCHOOL DISTRICT corporation of the State of California By: Board President Mayor / LOWE'S HIW, INC., a Washington corporation By: print name Its: Michael L. Skiles Vice President print name Its: Thomas E. Maddox Assistant ecretary M VED AS TO FORM: a `l✓- v-�� a% v - 1--fCity Attorney REVIE AN APPROVED: I terim City Ad inistrator INITIATED AND APPROVED: JIU Director of Public W rks Backflow Easement Parcel 1 Agreement (Page 5 of 5) State of California County of San Diego On March 18, 2008 before me, C. Kawamoto, Notary Public, personally appeared Michael L. Skiles and Thomas E. Maddox, who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities and that by their signatures on the; instrument the persons, or the entity upon behalf of which the persons 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. WITNESS my hand and official seal. T�C/A.Uli7y��E C. KAIWAIWOTO Signature Commission # 1763 Notary Public - California Son Diego County (Seal) Q"nM8 +reuse 23 wit ALL-PURPOSECALIFORNIA • -aS� As�g-�S-c,�S����--, �-'.'✓, �C�_.�-'S;�2�.�-•�-'s��.•,c�:,T:!a�s�s�S;�S :;�.�_-�-'.���.g;�>,ra:�S!ziS .,�� .;���s�.-�-'gr�S,�<�_aa> .��.v!�.,�..��s-�.,_a9 State of Y California, Count of v� `—� P ` >, C_ On`!,�y T o'UDr before me, Date r , personally appeared P. L. ESPARZA NOW PubUc • C MOmioOrorge CamlyILeconvill"W*115"179 Cohan. I AAg 1. Place Notary Seal Above Here Insert Name and Title of the Officer who proved to me on the basis of satisfactory evidence to be the person whose names is/are subscribed to the within instrument and acknowledged to me that hefsheu]ey�executed the same in hffs/h their uthorized capacities , and that by-his/har their ignature(D, on the instrument the persona),, or the entity upon behalf of which the persor ( aacted, 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. WITNESS my h d 'cial I. Signature `- Signature of Notary 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: � 1=� /�-L_, ( / %L--1 / > Dn��_ Document Date: (.t-L yr�Gt Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing RIGHTTHUMBPRINT OF SIGNER y�.�✓.�✓ ��.�✓-..�✓�.�'✓..� `✓ �� `✓A✓�.�'✓..�a✓4��q"✓..�✓: ✓.`�.��'✓.�✓'.��.G� `✓5"y.�✓�.�.'✓1-ti'��.:'y �✓5�: rr.'✓.�tiS-� �✓ `✓i_✓5"y.�'✓.:C✓i_✓ EXHIBIT "A" FOR FOR WATER LINE EASEMENT THE LAND REFERRED TO HEREIN IS SITUATED IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING A PORTION OF PARCEL 1 OF PARCEL MAP NO. 2002-125 FILED IN BOOK 338, PAGES 35 THROUGH 39, IN THE OFFICE OF THE RECORDER OF SAID COUNTY. PARCEL "A" BEING A STRIP OF LAND 10.00 FEET IN WIDTH WHICH CENTERLINE IS DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE SOUTHERLY LINE OF SAID PARCEL 1, SAID LINE ALSO BEING THE NORTHERLY RIGHT-OF-WAY LINE OF WARNER AVENUE (60 FEET NORTHERLY ONE-HALF WIDTH), SAID POINT ALSO BEING THE EASTERLY TERMINUS OF A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 1660.00 FEET, FROM WHICH POINT A RADIAL LINE BEARS SOUTH 00029' 28" WEST; THENCE EASTERLY ALONG SAID SOUTHERLY LINE SOUTH 89039 32" EAST 128.58 FEET TO THE TRUE POINT OF BEGINNING; THENCE DEPARTING SAID SOUTHERLY LINE OF PARCEL 1 AT RIGHT ANGLES NORTH 000 29' 28" EAST 11.85 FEET TO THE END OF PARCEL "A". THE SIDELINES OF SAID PARCEL "A" TO BE SHORTENED OR LENGTHENED SO AS TO TERMINATE IN SOUTHERLY LINE OF SAID PARCEL 1 _ SAID EASEMENT IS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. T PATRICK RAY MERCADO * Exp. t"31 /0 6 NQ. 6382 of CM_J ° PATRICK R. MERCADO, P.L.S. 6382 LEGEND EXISTING PARCEL LINES - ---- STREET/EASEMENT CENTERLINE PROPOSED EASEMENT f 4 Y r, t SCALE: 1'=30' S00'29'28"W RAD. P.O.B. _ R=1660.00' PCL 'A' L=185.69' -----A=6'24'33" -, 128.58' - N 89'30'32" W T.P.O.B. 0 m N00'29'28"E 11.85' A 519.28' WARNER AVENUE --+R=1600.00N 8930'32" W 389.41' L=178.98' SOUTH LINE SEC. 24 b=6'24'33" T5S R11W PER 51/13 M.M. SHEET 1 OF 1 DATE: 05/12,/06 EXHIBIT °B" ����®� PLANNING 4 ENGINEERING • SURVEYING SKETCH TO ACCOMPANY LEGAL DESCRIPTION 4666 11MtA1tiNUR COURT, 9.11 100, NIMRORT MAIN, C4 93660 WATER LINE EASEMENT C O N S U L T I N G 949/466-1430 VOICE, 949{466.1443 FAX POR. PCL 1 OF P.M. 2002-125, BK. 338, PGS, 35-39 HUNTINGTON BEACH, CALIFORNIA ATTACHMENT RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Recorded in Official Records, Orange County Tom Daly, Clerk -Recorder lllil IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII! IIIII IIIII I!II IIII NO FEE 2008000340282 02:09pm 07/16/08 119 159 E02 8 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 [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, Ocean View School District (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, and improve water pipelines and metering equipment, 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 depicted on Exhibit B (attached hereto anu incorporated by this reference), and made a part hereof, 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 pipeline and metering equipment. GRANTOR retains the right to use the surface areas and 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 pipelines and metering equipment or any equipment incidental thereto, at GRANTOR'S Water. Meter Easement (Page 1 of 4) 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 the CITY. There shall also be no less than 10 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 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 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 substantially the same condition in which they were prior to the performance of such work; (c) Have no ' obligation for routine maintenance, repair or replacement of enhanced pavement treatments, landscaping or irrigation facilities; and (d) Indemnification. To the fullest extent permitted by law, CITY agrees to indemnify, defend and hold GRANTOR entirely harmless from all liability arising out of: (1) Any and all claims under workers' compensation acts and other employee benefit acts with respect to CITY'S employees or CITY'S consultant's employees arising out of CITY'S work under this Agreement; and (2) Liability for damages for (a) death or bodily injury to person; (b) injury to, loss or theft of property; (c) any failure or alleged failure to comply with any provision of law or (d) any other loss, damage or expense arising under either (a), (b), or (c) above, sustained by CITY or any person, firm or corporation Water Meter Easement (Page 2 of 4) employed by CITY upon or in connection with the Easement, except for liability resulting from the sole or active negligence, or willful misconduct of the GRANTOR, its officers, employees, agents or independent consultants who are directly employed by the GRANTOR; and (3) CITY, at CITY'S own expense, cost, and risk, shall defend any and all claims, actions, suits, or other proceedings that may be brought or instituted against the GRANTOR, its officers, agents or employees, on any such claim or liability, and shall pay or satisfy and judgment that may be rendered against the GRANTOR, its officer, agents or employees in any action, suit or other proceedings as a result thereof. 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 the event that GRANTOR requires LOWE'S HIW, INC. ("LOWE'S"), at the expiration of GRANTOR'S Ground Lease to LOWE'S dated April 13, 1999 (the "Lowe's Lease"), to relocate any water pipelines and metering equipment that were installed pursuant to this Agreement, LOWE'S agrees to relocate such equipment at LOWE'S sole cost and expense provided that GRANTOR has given LOWE'S and CITY sixty (60) days written notification of the required relocation prior to the final termination of the Lowe's Lease. During the term of the Lowe's Lease, GRANTOR agrees not to require the relocation of any water pipelines and metering equipment that were installed pursuant to this Agreement. In the event that GRANTOR makes the determination that it is necessary for the relocation of such equipment to occur during the term of the Lowe's Lease, GRANTOR agrees to relocate such equipment at GRANTOR'S sole cost and expense. Subsequent to the termination of the Lowe's Lease and provided that GRANTOR has not given LOWE'S sixty (60) days written notification of the required relocation prior to the final termination of the Lowe's Lease, LOWE'S shall have no obligation to relocate the water pipelines and metering equipment provided for in this Water Meter Easement (Page 3 of 4) Agreement. CITY agrees not to require the relocation of any water pipelines and metering equipment that were installed pursuant to this Agreement. In the event that CITY makes the determination that it is necessary to relocate such equipment, CITY agrees to relocate such equipment at CITY' S sole cost and expense. LOWE'S HIW, INC., a Washington corporation, as lessee of the property described on Exhibit A, hereby consents to the above -described easement granted to CITY by GRANTOR. IN WITNESS WHEREOF, this Special Utility Easement has been executed by the GRANTOR herein and LOWE'S HIW, INC., this of LLL 2008. fday GRANTOR: CITY OF HUNTINGTON BEACH, OCEAN VIEW SCHOOL DISTRICT municipal corporation of the State of California By: _ VuRky-11, — " Board President Mayor q Cit rOVED LOWE'S HIW, INC., a Washington A AS TO FORM: corporation Rf 30/��� By: .�, < �^ City Attorney print name Michael L. Skiles Its: Virp President REVIE AZ;ROVED,: I terim City Ad inistrator INITIATED AND APPROVED: irector of Public Wo s print name Thomas E. Maddox Its: Assistant Secretary Water Meter Easement (Page 4 of 4) State of California County of San Diego On March 18, 2008 before me, C. Kawamoto, Notary Public, personally appeared Michael L. Skiles and Thomas E. Maddox, who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons 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. WITNESS my hand and official seal. C. KAWAM010 Signature Commission # 1763658 `o Notary Public - California San Diego County (Seal) C0rrM=23 5011 CALIFORNIA • ALL-PURPOSE ACKNOWLEDGMENT �, ?a ............................,� : a �.� ,�•,�;� a . a �.:� ,T Ica ,� a ham. w. r3 c�. -� �3 �..�a..�a>,_ . �. �a,�a -ws�. �S �y a -,tea T A _ ems. <a State of California County of (/l'`�6� On !�L<l� ieoa 0C1� before me, /�. L--- �_ S personally appeared P L. ESPARZA _owCOMM. Co t�sion 1699179 icy y R#Ac - Calitomja Orange County Expires Aug 4, 2009 Place Notary Seal Above L_.-- /`2 who proved to me on the basis of satisfactory evidence to be the person&whose name 2*/ re subscribed to the within instrument and acknowledged to me that --husk executed the same in_hLq e their uthorized capacity Ies , and that by-hiEVI e their,signature s on the instrument the persona or the entity upon behalf of which the persona) 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. WITNESS my had and official seal. U Signature 1J Signature of otary 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: Document Date: Signer(s) Other Than Named Above: U Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General _ ❑ Attorney in Fact • ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER .p of thumb here ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotaryorg Item #5907 Reorder: Call Toll -Free 1-800-876-6827 EXHIBIT "Ass LEGAL DESCRIPTION WATER EASEMENT FOR WATER METER/ VAULT AND MAINTENANCE PURPOSES THAT PORTION OF PARCEL 2 OF PARCEL MAP NO.2002-125 AS SHOWN ON A MAP FILED IN BOOK 338, PAGES 35-39 OF PARCEL MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID PARCEL 2 OF PARCEL MAP 2002-125; THENCE NORTH 89°30'32" WEST 45.22 FEET ALONG SOUTHERLY LINE OF PARCEL 2 ALSO KNOWN AS NORTHERLY RIGHT OF WAY OF WARNER AVENUE 60.00 FEET WIDE, TO A TANGENT CURVE CONCAVE NORTHEASTERLY WITH A RADIUS OF OF 74.50 FEET, THERE ALONG SIDE CURVE A CENTRAL ANGLE OF 11°37'14", A DISTANCE OF 15.11 FEET TO THE POINT OF BEGINNING THENCE CONTINUING FROM SAID POINT ON A TANGENT CURVE CONCAVE NORTHWESTERLY WITH A RADIUS OF 74.50 FEET, A CENTRAL ANGLE OF 02'37'46", A DISTANCE OF 3.42 FEET; THENCE NORTH 75°15'32" WEST 13.10 FEET; THENCE NORTH 9.21 FEET; THENCE EAST 16.00 FEET; THENCE SOUTH13.34 FEET TO THE POINT OF BEGINNING EASEMENT AREA CONTAINS 189.96 SQUARE FEET, MORE OR LESS. SUBJECT TO ALL COVENANTS, RIGHTS, RIGHT-OF-WAY, AND EASEMENTS OF RECORD, IF ANY SEE EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF: pOFESS�Oy PREPARED BY �i Kos gLl ��c7 Na. 26571 C Exp. 03/31/08 ANDREW J. KOLT ARY, RCE 26571 111ja /G,,, �T� OF CAL\� EAST 16.00' LEGEND N EXISTING PARCEL LINE = PARCEL A --- — EXISTING STREET CENTER LINE _ r27A PROPOSED EASEMENT z � P.O.C. POINT OF COMMENCEMENT A=02°37'46" P.O.B. POINT OF BEGINNING N °1s32'= W13 70 L=3.42' P.0.8 2oao, L_ C�tS tt' Q-1t°37't4„ r DETAIL „�„ ' �.s ©=t4°15°0�' So' f� SCALE: 1 "=10' �j 138.25' _ N 89°30'32 SEE DETAIL "A" THEREON A-14`15'QO" �J R=74.50 / { L=18.53' A=14°15'00"-'-- :50153 B 45.22' R-90.50 N 89°30'32"W L=22.51' 2"W 20.00' � WARNER AVENUE S 89`3 V'32"L__ 232.12' ?R(}FESSta,� � 4 v c� Exp. 03/31 /08 OF Cp'\-\F LTA A /CIVIL ENGINEERS 'T u" ®® WATER EASEMENT 17802 MITCHELL NORTH, IRVINE, CA. 92614 FOR WATER METER/ VAULT PHONE: 949. 752.5466 FAX: 949. 752.6455 AND MAINTENANCE PURPOSES CIVIL ENGINEERING LAND SURVEYING POR. PCL 2 OF P.M. 2002-125BK 338 PGS.35-39 ENVIRONMENTAL ENGINEERING HUNTINGTON BEACH, CALIFORNIA INITIATING DEPARTMENT: Public Works SUBJECT: Approve Special Utility Easement Agreements from Ocean View School District COUNCIL MEETING DATE: July 7, 2008 RCAATTAPHMENTS STATUS' Ordinance (w/exhibits & legislative draft if applicable) Attached El Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map, Location Map and/or other Exhibits Attached El Not Applicable Contract/Agreement (w/exhibits if applicable) Attached (Signed in full by the City Attorney) Not Applicable El Subleases, Third Party Agreements, etc. Attached ❑ (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached El Not Applicable El Fiscal Impact Statement (Unbudgeted, over $5,000) Attached Fj Not Applicable E Bonds (If applicable) Attached El Not Applicable Staff Report (If applicable) Attached ❑ Not Applicable Z Commission, Board or Committee Report (If applicable) Attached El Not Applicable Z Findings/Conditions for Approval and/or Denial Attached El Not Applicable 0 EOLANAMN FOP, iENTS RCA Author: L. Hernandez City ®f Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERIC JOAN L. FLYNN CITY CLERK July 10, 2008 Tom Daly O. C. Clerk — Recorder 12 Civic Center Plaza, Rm. 101 Santa Ana, CA 92701-4057 Attn: Document Examiner Enclosed please find 3 SPECIAL UTILITY EASEMENT AGREEMENTS, EACH WITH 2 CONFORMED COPIES to be recorded and returned to the City of Huntington Beach, Office of the City Clerk, 2000 Main Street, Huntington Beach, CA 92648. Please return the conformed copies of the Agreements in the enclosed self-addressed stamped envelope. Joan L. Flynn, CIVIC City Clerk Enclosures Parcel 1, Parcel 2 and Water Meter Agreements G: /followup/deeds/deedletter2002.doc Sister �pf �"r� i'10, Japan • Waitakere, New Zealand (Telephone: 714-536-5227 )