HomeMy WebLinkAboutSunBrewer Partners, L.P. - Grantor - 2013-04-17 This Document was electronically recorded by
City of Huntington Beach
Recorded in Official Records, Orange County
Hugh Nguyen, Clerk-Recorder
RECORDING REQUESTED BY ) 11111111111111111111111111111111111111111111111111111111111111111111111 IIIINO FEE
AND WHEN RECORDED RETURN TO: ll 3 405 E01 10 2013000337496 10:12am 06/04/13
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City Clerk �.00 0.00 0.00 0.00 27.00 0.00 0.00 0.00
City of Huntington Beach )
2000 Main Street )
Huntington Beach, CA 92648 )
[Space above this line for Recorder's use.]
/9oy� f �7'�2,� sEr���,fi�\�.a . 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, SunBrewer
Partners, L.P., a California limited partnership (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 1 r7 A day of 12013.
GRANTOR CITY OF HUNTINGTON BEACH,
SunBrewer Partners, L.P., a California limited a municipal corporation of the State
partnership of California
By: Marus U.S.A. ' general Partner
By:
Hir6yasu Nakano/ General Partner
Director of ubiic Works
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K"0 LGAL PFAIRS Bi EAU ATTEST:
OT�sRY OFFICEO�iOYdl�Sli! KOUfO-Clio
CHUO-KUTOKYOJAPAN - City Clerk
(PURSUANT TO RESOLUTION NO.2003-29)
JOAN L.FLYNN
Commission# 1862518
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Z orange County > APPROVED AS TO FORM:
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agree/city wide/special utility easement 3
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Registration No. 270 ' of 2013
NOTARIAL CERTIFICATE
This is to certify that Mr. Hiroyasu Nakano has affixed his signature
in my very presence to the attached document.
Dated this 17th day of April, 2013
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Isao Egaw "
T Notary attached to
�Iwo trGAL Aria I as Burr.au�
I TOT A I Y Oi'TAB The Tokyo Legal Affairs Bureau.
�<NO 1-10,i+il'OMBASIff FAINT"'')M �
cxu0-KUTOKYOJAP. No.1-10, Nihombashi, Kabuto-cho,
Chuo-ku, Tokyo, Japan.
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APOSTILLE
(Convention de La Haye du 5 octobre 1961)
1. Country: JAPAN
This public document
2. has been signed by l s a o E g a W a
3. acting in the capacity of Notary of the Tokyo Legal Affairs Bureau
4. bears the seal/stamp of I s a o E g a w a, Notary
Certified
5. at Tokyo 6. &PR, 17' 21,
7. by the Ministry of Foreign Affairs
8. 13-N° 003285
9. Seal/stamp: 10. Signature
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Ayako OGAWA
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of / 0,46LA.0 / "�
On �_` / ��13 before me, �.J�,/i L• D Ater + 4. W a-r—,
Date Here In rt Name pnd Title of the Officer
personally appeared Q 1)B s a, � ®baPl) �� r' A_LC
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s),is1are subscribed to the
within instrument and acknowledged to me that
.Iie%4ie/they executed the same in,laislhetr/their authorized
JOAN t.FLYNN capacity(ies), and that by kai e'r`/their signature(s) on the
Commission#1882518 instrument the person(s), or the entity upon behalf of
z;•°� Notary Public•California a which the person(s) acted, executed the instrument.
z Orange County
My Comm.Expires Auv 22,2013+ 1 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.
Signature
Place Notary Seal Above Signature of Nat ry Public /
OPTIONAL
Though the information below is not required by law, it may prove valuable t J ersons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document �A
Title or Type of Document: / I
Document Date: �� r Number of Pages: a 7
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Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:..ka._Vj,� 1409k 5 Signer's Name: i�llJB`/1 S4/7 1.sk&4.
❑ Individual ❑ Individual
❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s):
❑ Partner—❑ Limited ❑ General _ _ ❑ Partner—❑ Limited ❑ General
❑ Attorney in Fact • ❑Attorney in Fact .
El Trustee El Top of thumb here Top of thumb here
❑ Guardian or Conservato, 'yam
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' EXHIBIT A SHEET 1 OF 2
LEGAL DESCRIPTION `-
WATER LINE EASEMENT
VARIOUS STRIPS OF LAND LYING WITHIN PARCELS 1 AND 3 OF A PARCEL MAP FILED IN
BOOK 97, PAGES 14 AND 15, OF PARCEL MAPS, RECORDS OF ORANGE COUNTY, IN THE CITY
OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, THE'CENTERLINES
OF SAID STRIPS BEING DESCRIBED AS FOLLOWS:
STRIP 1
A 10.00 FOOT WIDE STRIP OF LAND, THE CENTERLINE OF SAID STRIP BEING DESCRIBED AS
FOLLOWS:
COMMENCING AT THE WESTERLY TERMINUS OF THAT CERTAIN COURSE ON THE
NORTHERLY LINE OF SAID PARCEL 1 SHOWN AS HAVING A BEARING OF NORTH 89058'13"
WEST AND A DISTANCE OF 385.44 FEET; THENCE ALONG SAID CERTAIN COURSE SOUTH
89058'13" EAST 13.62 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 0001'47', WEST 9.50
FEET.
THE SIDELINES OF SAID STRIP OF LAND SHALL BE LENGTHENED OR SHORTENED AS TO
TERMINATE IN THE NORTHERLY LINE OF SAID PARCEL 1.
STRIP 2
A 10.00 FOOT WIDE STRIP OF LAND, THE CENTERLINE OF SAID STRIP BEING DESCRIBED AS
FOLLOWS:
COMMENCING AT THE WESTERLY TERMINUS OF THAT CERTAIN COURSE ON THE
NORTHERLY LINE OF SAID PARCEL 1 SHOWN AS HAVING A BEARING OF NORTH 89058'13"
WEST AND A DISTANCE OF 385.44 FEET; THENCE ALONG SAID CERTAIN COURSE SOUTH
89058'13" EAST 205.10 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 0001'47" WEST
201.60 FEET; THENCE SOUTH 89058'13" EAST 14.12 FEET.
THE SIDELINES OF SAID STRIP OF LAND SHALL BE LENGTHENED OR SHORTENED AS TO
TERMINATE IN THE NORTHERLY LINE OF SAID PARCEL 1.
STRIP 3
A 10.00 FOOT WIDE STRIP OF LAND, THE CENTERLINE OF SAID STRIP BEING DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID PARCEL 3; THENCE ALONG THE
EASTERLY LINE OF SAID PARCEL NORTH 0001'18" EAST 197.71 FEET TO THE POINT OF
BEGINNING; THENCE LEAVING SAID EASTERLY LINE NORTH 89058'42" WEST 176.03 FEET;
THENCE NORTH 0001'18" EAST 45.95 FEET.
THE SIDELINES OF SAID STRIP OF LAND SHALL BE LENGTHENED OR SHORTENED AS TO
TERMINATE IN THE EASTERLY LINE OF SAID PARCEL 3.
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STRIP 4
A 10.00 FOOT WIDE STRIP OF LAND, THE CENTERLINE OF SAID STRIP BEING DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID PARCEL 3; THENCE ALONG THE
EASTERLY LINE OF SAID PARCEL NORTH 0001'18" EAST 62.33 FEET TO THE POINT OF
BEGINNING; THENCE LEAVING SAID EASTERLY LINE NORTH 89°58'42" WEST 12.00 FEET.
THE SIDELINES OF SAID STRIP OF LAND SHALL BE LENGTHENED OR SHORTENED AS TO
TERMINATE IN THE EASTERLY LINE OF SAID PARCEL 3.
STRIP 5
A 10.00 FOOT WIDE STRIP OF LAND, THE CENTERLINE OF SAID STRIP BEING DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID PARCEL 3; THENCE ALONG THE
EASTERLY LINE OF SAID PARCEL NORTH 0001'18" EAST 10.00 FEET TO THE POINT OF
BEGINNING; THENCE LEAVING SAID EASTERLY LINE NORTH 89058'47" WEST 222.00 FEET TO
A POINT ON THE WESTERLY LINE OF SAID PARCEL 3, SAID POINT BEING DISTANT THEREON
NORTH 00001'13" EAST 10.00 FEET FROM THE MOST SOUTHWESTERLY CORNER OF SAID
PARCEL 3.
THE SIDELINES OF SAID STRIP OF LAND SHALL BE LENGTHENED OR SHORTENED AS TO
TERMINATE IN THE EASTERLY AND WESTERLY LINES OF SAID PARCEL 3.
STRIPS 1, 2, 3, 4 and 5 Contain 6,812 sq. ft., or 0.156 acres, more or less.
As shown on Exhibit "B" attached hereto and by this reference made a part hereof.
LAND S�
DATED THIS DAY OF dv ✓ , 2012. o�
rq� IS 53kl
Y USE ON, L.S. 5347,EXP-T /13 F OF
�II GARFIEL® AAVENUE
(N89-58'13"W)
POINT OF (�
COMMENCEMENT POINT OF POINT OF
STRIPS 1 &2 BEGINNING LO BEGINNING
STRIP 1 STRIP 2
(N 89-58'13" W 516.70') ®
13.62' �
205.10'
5 yL 5' 191.49'
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10 STRIP # 1 NORTHERLY LINE I I
10'WIDE PARCEL 1
LU (R=31.00'
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A=5'43'04') F11VL1 0 97114 U e>J 5'
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L=30.05' L-1
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LAND
PREPARED BY ME OR UNDER ��y DSFIl 0 14.12'
MY DIRECTION: S 89*58'13" E
NOTE: BEARINGS AND
`raj IS 53q1 ��Q DISTANCES IN PARENTHESES
L. SELTON, L.S. 347 F of CAUFo ( 100.00') ARE RECORD PER
C NSE EXPIRES 12/31/13 P.M.B. 97/ 14-15
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EXHIBIT 'B' DATE.OCT. 16,2012
F lJ C E SCALE. AS NOTED
SKETCH TO ACCOMPANY LEGAL DESCRIPTION , JN: 1233.001
loaoe WATER LINE EASEMENT
E N G I N E E R I N G SHEET 1 OF 2
16795 Von Karmon,Suite 100,Irvine,California 92606 BEACH/GARFIELD SHOPPING CENTER
tel 949.474.1960 o fax 949.474.5315u www.fuscoo.com CITY OF HUNTINGTON BEACH
M:Mapping\1 233\01\Legal s\WATER LINE ESMTS\123301 WATER ESMT Exh B (sketch) PRCLS 1-2-3 (SunBrewer).dwg
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PARCEL f1 PARCEL 3
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POINT OF
BEGINNING W
w I STRIP 3
STRIP # 3
00_ rn l , l 10'WIDE 58 1
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z —— N 89'58'42" W —� 176.03,
—± —=——-
---- ------ —f---------
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FARC E#. m p EASTERLY LINE
PARCEL 3
I 1" = 40'
WESTERLY LINE
PARCEL 3
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12.00' ;n 0o POINT OF
BEGINNING
pQp���� � STRIP # 4 STRIP 4
10 WIDE
POINT OF
STRIP # 5 BEGINNING
0 10'WIDE STRIP 5 04 N
t° W
W------ N89'58'47"W --222.00--------
———— ———————� m
------------o (222.00') 50rLo
(N89'58'47"W 580.50') o
000
0o 0 o POINT OF COMMENCEMENT STRIPS 3,4 AND 5 0
04
z SOUTHEAST CORNER PARCEL 3, PMB 97/ 14-15
SOUTHWEST CORNER PARCEL 3 I
EXH I BIT 'B' DATE.OCT. 16,2012
SCALE: AS NOTED
F U SC®E SKETCH TO ACCOMPANY LEGAL DESCRIPTION JN:1233.001
I WATER LINE EASEMENT
E N G I N E E R I N G SHEET 2 OF 2
16795 Von Karman,Suite 100,Irvine,Cnlifornia 92606 BEACH/GARFIELD SHOPPING CENTER
tel 9d9.d7d.1960 o fax 9d9.d7d.5315o www.fuscoo.com CITY OF HUNTINGTON BEACH