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HomeMy WebLinkAboutSurfside Homeowners' Association No. 1 - 2011-04-19 This Document was electronically recorded by City of Huntington Beach RECORDING REQUESTED BY ) Recorded in Official Records, Orange County AND WHEN RECORDED RETURN TO: ) Tom Daly, Clerk-Recorder City Clerk } I II�IIIIII�I I IIIII�IIIIII�II�I I�IIII�I� III�II��I NO FEE City of Huntington Beach ) 2011000277266 11:48am 06/06/11 2000 Main Street } Huntington Beach, CA 92648 � eac ) 0.0 0.0 40 0..00 Eo1 6 0 0.00 0.00 15.00 0.00 0.00 0.00 4Dr C' e 5",f-X f 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 Surfside Homeowners' Association No. 1, a California non-profit mutual benefit corporation, (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 (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, and service connection structures appurtenant to said line or lines, 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. CITY will provide written notice to GRANTOR seven (7) days in advance of entry to property for the purpose of laying, constructing, reconstructing, renewing, inspecting, maintaining, operating, repairing, enlarging, replacing and using said water transmission and delivery line or lines. 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 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 the CITY. There shall also 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 overhand 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, 10-2571.002/57092 1 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; and (c) Hold Grantor and other users of the easements harmless against all claims, liabilities or expenses, including costs and attorneys' fees, arising from CITY's use of such area. (d) Prior to the issuance of the Notice to Proceed for any subcontractor's work,the GRANTOR shall be furnished with a policy endorsement from the subcontractor's insurance company, naming the GRANTOR and its members as additional insured under such subcontractor's general liability insurance policy. 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 the Grantor herein on i /C 2011. GRANTOR CITY OF HUNTINGTON BEACH, a municipal SURFSIDE HOMEOWNERS' ASSOCIATION NO. corporation of the State of California 1, a California non-profit mutual benefit corporation By: �_e16F_ T,&fil 1.4 is AVk �P Directo of Public Works print name ATTEST: ITS: (circle one)Chairman/President/Vice President City Cler By: -�� � (PuRsu m-ToREsoLuTioNNo.2003-29) L l- �4.., �- • 11u ,l l�` RFt nQ*-- - REVIEW,, /NI.1APPROVED: ITS: (circle one) Secretary/Chief Financial Officer/Asst. > E Secretary-Treasurer 1 r ' IVI City Administrator APPROVED AS TO FORM: Pe11,—,- " 4,City Attorney 10-2571.002/57092 2 EXHIBIT "A" LEGAL DESCRIPTION WATER LINE EASEMENT BEING A PORTION OF LOT "G", AS SHOWN ON TRACT NO. 5581 FILED IN BOOK 205, PAGES 36 THROUGH 42 INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: A STRIP OF LAND 10.00 FEET WIDE LYING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT THE SOUTHEAST CORNER OF SAID TRACT NO. 5581; THENCE ALONG THE SOUTHERLY BOUNDARY LINE OF SAID TRACT NO. 5581 SOUTH 89036'56" WEST, 149.69 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID SOUTHERLY LINE NORTH 0123'54" WEST, 32.80 FEET; THENCE NORTH 45140'00" WEST, 115.21 FEET TO THE SOUTHEAST CORNER OF LOT D-1, SAID POINT ALSO BEING ON THE EASTERLY LINE OF ATTLEBORO CIRCLE AS SHOWN ON SAID TRACT NO. 5581. THE SIDELINES OF SAID STRIP SHALL BE LENGTHENED OR SHORTENED SO AS TO MEET AT ANGLE POINTS AND TO ALSO MEET AT THE SOUTHERLY BOUNDARY LINE OF SAID TRACT NO. 5581 AND AT THE EASTERLY AND SOUTHERLY LINES OF SAID LOT D-1, ALSO BEING SAID ATTLEBORO CIRCLE. EASEMENT AREA= 1,505 SQ. FT. (0.0346 ACRES) MORE OR LESS SEE EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. SUBJECT TO ALL COVENANTS, RIGHTS, RIGHTS-OF-WAY AND EASEMENTS OF RECORD,IF ANY. LAND SG W/Nc51 9GF.c 0 LEGAL DESCRIPTION PREPARED BY: No. 6240 IPA r J.0 (—ff 9�F Op CALF KRIS WINCHA ,L.S.NO. 6240 DATE EXHIBIT "B" AS DESCRIBED ON THE ATTACHED EXHIBIT"A" I AND BY THIS REFERENCE MADE A PART HEREOF 20.5' I SCALE 1"=30' N_89°20'00"E FOXHALL DRIVE - 225.00' � - ® LOT D-1 N - ® UJ LOT A-1 I I � I ° v LOT 144 LOT 143 LOT 142 LOT 141 LOT 140 LOT 139 LOT 138 LOT 137 .:I. CD c C 1 7' - - - - - - S 89020'00"W 231.00' olo i oM I LOT10 1N Z ILOT D-1 --'N 89020'00"E I �srs° EASTERLY BOUNDARY moo, TRACT No. 5581 0 205/36-42 M/M LINE TRACT No. 5581 CENTERLINE �� I EASEMENT S? LOT G �0 LAND h �`' W�N 9G oy Fo LOT 9 7 I �k No.6240 I o 0 LEGEND: 0�� TRACT No. 16438 •WATER EASEMENT DEDICATION AREA ` /A OF CgLaFO� z i 860/30-32 M/M P.O.B. POINT OF BEGINNING T.P.O.B. TRUE POINT OF BEGINNING A ----- EXISTING LOT LINES N 0°23'S4"W S '0 I 32.80 SOUTHERLY BOUNDARY BASIS OF BEARINGS: T P O B LINE TRACT No.5581 tia SOS BASED ON THE SOUTHERLY N 89°36'S6" E S�� LOT 8 LINE OF TRACT NO.5581 s---- - - -15 - - - - - 149.69' LOT 3 BEING N 89°36'56"E PER MAP LOT 2 LOT I TRACT No. 16733 RECORDED IN BOOK 205, i PAGES 36-42,OF M/M. 897/10-14 M/M STATE OF CALIFORNIA ) SS. COUNTYOFO r'a-Y�Q e' ) p ,� Jul �U ll before me, personally appeared who proved to me on the basis of satisfactory evidence to be the person whose name(s) is�-qre subscribed to the within instrument and acknowledged to me that h she/.My executed the same—in hisf their_authorized capacityjies), and that by bis/-lied their signatures on the instrument the person 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. WITNESS my hand and official seal. R iN I WYLOR Comffdulon* 1740405 • tiW"Nrbft•CalNornla Own" Counly ignature of Notary STATE OF CALIFORNIA ) SS. COUNTY OF��dQ ) On _1 r before me, iN S /-� y personally appeared 1 P�t c-- 14 P—Y)e-e- I C L C 2-ct be + t2- who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ subscribed to the within instrument and acknowledged to me that •hu-/site/they execuTe-d the same in WsW-her/their authorized capacity(ies and that byjais�thgir-signatures,.,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. WITNESS my hand and official seal. RtN J. U► t0 Camm%"n• 1740406 Nolary htegc -California Si nature o N tary orwgp cowry !t�►Catrrn 0pderMgt 10►Z011 EXTNOTI--12/03/07 AA CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On / ll before me ea_� Da Here Insert/Name and/Title of the Officer personally appeared fq7t--) Nam (s)of Signer(s) e who proved to me on the basis of satisfactory evidence to be the persor)sXuhose names t Care-''subscribed to the within instrument and acknowledged to me that they xecuted the same in-hisihe heD uthorized capaciiKes }and that "' their- ignaturql�.yon the instrument the persors or the entity upon behalf of which the persoracted, executed the instrument. P. L. ESPARZA Commission# 1857021 1 certify under PENALTY OF PERJURY under the laws z :-� Notary Public-California of the State of California that the foregoing paragraph is Orange County true and correct. My Comm. Expires Aug 4,2013 WITNES my and nd i eal. Signature Place Notary Seal Above ature 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: _ Ll zy Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General _ ❑ Attorney in Fact ❑Attorney in Fact ° ❑ Trustee Top of thumb here ❑Trustee Top of thumb here ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: ©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