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HomeMy WebLinkAboutAcceptance of sewer line easement within Tract No 14355 - Th (2) i/ Feard - s/ !-)PW ��9 e,Posb VI fY OF HUNTINGTON BEACn ,� MEETING DATE: December 21, 1998 DEPARTMENT ID NUMBER: PW 98-091 Council/Agency Meeting Held: /,2_ //9(57 Derred/Continued to: Approv ❑ Conditionally pproved ❑ Denied J,�LJTy' C. y lerk's Signature II/ s9/� r�, b�s�of Council Meeting Date: December 21, 1998 Department ID Number: PW 98-091 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER, City Administrator PREPARED BY: BERT BEARDSLEY, Director of Public Work SUBJECT: Acceptance of a Sewer Line Easement Within Tract No. 14355 (The Bluffs) Statement of Issue, Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(' Statement of Issue : The Department of Public Works is requiring that PLC Land Company dedicate to the City of Huntington Beach a sewer easement within a portion of the private streets of Tract No. 14355 (The Bluffs). Funding Source : Not Applicable Recommended Action : Motion to: Have the Mayor and City Clerk execute the attached sewer easement from PLC Land Company to the City of Huntington Beach and instruct the City Clerk to have the document recorded with the County Recorder. Alternative Action(s) : Deny the sewer easement and reject the offer of dedication. 14355 sewer RCA -2- 12/02/98 4:03 PM RaQUEST FOR COUNCIL ACTIUN MEETING DATE: December 21, 1998 DEPARTMENT ID NUMBER: PW 98-091 Analysis : The Planning Commission, on August 12, 1997, approved Tentative Tract No. 14355, located at the northwest corner of Garfield Avenue and Edwards Street, with the condition that the sewer system within the private streets be private. Subsequent to this approval, the need for a public sewer became apparent due to the fact that the new Fire Station and reservoir site, to the north, will sewer to the south into a public system. Environmental Status : This recommended action to accept the offer of dedication is a ministerial act, and is exempt from the requirements of the California Environmental Quality Act, pursuant to State CEQA Guidelines, Cal. Admin. Code, Title 14, Chapter 3, Section 15268 (b). Attachment(s): ' City Clerk's Page Number No. Description 1. Location Map 2 Sewer Line Easement RCA Author: Bruce Crosby 14355 sewer RCA -3- 12/02/98 4:03 PM Attachment Sheets to RCA's , EXHIBIT 99 ff SHEET 1 OF 1 SHEETS ` B EASEMENT FOR PUBLIC SEWER LINE WILDFLOWER LANE (LOT S) ______ �—OVER LOOK DRIVE T (PUBLIC STREET) SETTING- SUN DRIVE I - I I I I I I (LOT T) I L I II � r I -I ! I.F-- I I I I 7 1 II /, IL71-1I-�,� II- p I I 1 I I I -1 I II - r I I I I II_- � 1 1 FAIRWIND CIRCLE (LOT U) 1L� I I I I . C,LEARVIEW LANE (LOT R) .I I,` i J �1_J _I . I I M i I T T r r IV _ I I A / --I EVENING STAR CIRCLE (LOT V) r SAC r Na J%3 / 01.M., f f 0/27J3-3 \I I 1 I / CROSSWIND DRIVE (LOT Q) , ir-- 0\ ►H- % / w ® "INDICATES PRIVATE 6 ili__ -- / I / j I I v~iDR1 IN,EASEMENT AND PRIVATE /. _ 1 NSEWER' EASEMENT TO BE i-f ` ,r TWILIGHT DRIVE (LOT W) CREATED' BY SEPARATE // / INSTRUMENT". )---- I o t 1 , ' / _ -C i r::i '� ,�d �/ / EVENING BREEZE CIRCLE I / -, \ // // / (LOT X) 1 65T / ? / / / / [-,/ // / / / / / I �P� LAND \<\�~��� / I c`� w. 0 '54' CARFp r. ---_ <fjo e �n (pun,10 AVENUE � Q OM; STREET) y L.S. 4693 Exp. 9-309 ) >9TFOFCAL\C���\P SCALE 1 = 300' • PREPARE ER THE I N OF. LEGEND: V///i PRIVATE STREET WITH SEWERLINE 1 ---- LOT LINE i GARY W. DOKIC L.S. 4693 (EXPIRES 9/30/99) I:\37606\MAPPING\EXH—SEWR.dwg 11/02/98 1 Attachment Sheets to RCA's CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK 61D January 21, 1999 Gary L. Granville, County Clerk-Recorder P. O. Box 238 Santa Ana, CA 92702 Enclosed please find a Sewer Line Easement No. 5701. 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 a conformed copy of the Sewer Line Easement when recorded and return to this office in the enclosed self-addressed stamped envelope. entjCa, )611.0&41-,0"ZUtm Connie Brockway, CMC City Clerk Enclosures g:\followup\deedltr:Memorandum of Sewer Line Easement No. 5701 (Telephone:714-536-5227) 101, 7A, n CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK DEED CERTIFICATION CITY OF HUNTINGTON BEACH This is to certify that the interest m real property conveyed by the Deed dated October 27, 1998 from PLC Company,to the CITY OF HUNTINGTON BEACH is hereby accepted by the undersigned officer or agent on behalf of the City Council of the City of Huntington Beach pursuant to the authority conferred by Resolution No. 3537 of the City Council of the City of Huntington Beach adopted on August 7, 1972, and the grantee consents to the recordation thereof by its duly authorized officer. Dated: January 21, 1999 CITY OF HUNTINGTON BEACH CONNIE BROCKWAY, CMC CITY CLERK By: &ct—J Janelle Case (Telephone:714-536-5227) RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Acceptance of a Sewer Line Easement Within Tract No. 14355 (The Bluffs) COUNCIL MEETING DATE: December 21 , 1998 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Attached Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff ( ) ( ) Assistant City Administrator (Initial) ( ) ( ) City Administrator (Initial) ( ) ( ) City Clerk ( ) EXPLANATION FOR RETURN OF ITEM: (Below Space For City Clerk's Use Only) RCA Author: Bruce Crosby \ 7 f • RECORDING REQUESTED BY: Recorded in the County of Orange, California Gary i lli IIIIIIIrn fii Granville, 'IIIII IIIIIIII Clerk/Recorder ) No Fee AND WHEN RECORDED MAIL TO: ) 19990095282 1 :42pm 02/09/99 005 17012733 17 16 E01 8 6.00 21 .00 0.00 0.00 0.00 0.00 CONNIE BROCKWAY CITY CLERK ) CITY OF HUNTINGTON BEACH ) http:/Avww ci.huntington-beach.ca.us ) P 0 BOX 190-2000 MAIN STREET ) HUNTINGTON BEACH CA 92648 (Space Above for Recorder's Use) DOCUMENTARY TRANSFER TAX - NONE No Consideration The Undersigned Grantor Grantor receiving nothing in return Signature of Declarant or R&T Code Section 11911 or Agent Determining Tax SEWER LINE EASEMENT PLC, a California general partnership ("Grantor"), does hereby grant, bargain, sell and convey unto The City of Huntington Beach, a municipal corporation ("Grantee"), a non-exclusive easement (the "Easement") in perpetuity on, over, under and through the real property more particularly described in Exhibit "A" and shown on Exhibit "B" attached hereto (the "Easement Area"), for purposes of operating, maintaining, repairing and/or replacing the public sewer line and related improvements located within the Easement Area (the "Improvements"). 1 . Easement Rights. Grantee shall have the right from time-to-time in the Easement Area to lay, construct, maintain, repair, renew, replace, protect, inspect, operate, modify and/or remove the Improvements. 2. Right of Ingress and Egress. The Easement shall carry with it the right of ingress and egress to and from, and access on and along said Easement Area for the purpose of exercising the rights granted hereunder. During temporary periods, Grantee may use such portions of the property along and adjacent to the Easement Area as may be reasonably necessary in connection with exercising the rights granted hereunder; provided, however, that Grantee's incidental use of property along and adjacent to the Easement Area shall not unreasonably interfere with the use and operation of Easement Area by Grantor and the surface of the Easement Area and any such property along or adjacent thereto shall be promptly restored to its condition before Grantee's entry thereon or use thereof, including the repair or replacement of any damaged asphalt, paving or other improvements with the exception of enhanced concrete paving and landscaping, which shall be Grantor's responsibility to repair or replace. T -Exempt-Government Eger cv This document is soYelly for the F:\WP511DLB1$LUFFSISEWEA2.ESM CIIN OF HUNTINGTON EACH official business of the City 10/23/98 of Huntington Beach, as contem- nie Brockway,City Clerk plated under Government Code ' Sec. 6103 and should,be recorded BY: pufy City Jerk of charge. 3. Severability. In the event that any provision hereof, or the application hereof to any person or under any circumstance, is determined to be invalid or unlawful, or unenforceable to any extent, then to such extent, such provision shall be deemed severed herefrom. However, the application of such provision to any other persons or entities or under any other circumstance other than those as to which it is determined to be invalid, unlawful or unenforceable is valid, lawful and enforceable, and every remaining provision hereof shall continue in full force and effect. 4. Entire Agreement. This instrument constitutes the entire agreement between the parties with respect to the subject matter hereof, and there are no other oral or written agreements between the parties concerning the subject matter of this instrument. 5. Binding Effect. The provisions of this Sewer Line Easement shall inure to the benefit of and shall be binding upon the parties hereto and their respective legal representatives, successors and assigns. [Balance of this page intentionally left blank] F:\W P51\D LB\BLUFFS\SEWER 2.ESM 10/23/98 2 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the 27 day of O6j / , 1998. Grantor: PLC, a California general partnership By: PLC Holdings, a California general partnership as a general partner By: PACLACO, INC., a California corporation as its general partner By: Its \..t, [�ilES►ti7 By: Its By: T/L HUNTINGTON BEACH LIMITED LIABILITY COMPANY, a Delaware limited liability company as a general partner By: BRAMALEA CALIFORNIA, LLC, a California limited liability company By: ' LENNAR HOMES OF CALIFORNIA, INC., - a California corporation as its man er / 7.) By: i't By: CLi-z-J Its ASSi SP.Ot.e-f ar7r Grantee: THE CITY OF HUNTINGTON BEACH, APPROVED AS TO Oil; a municipal corporation GAIL HUTTON,. City Attorney By:: Deputy City Attorney By: Its i'&a-tjs+'' (t(t` iqS By: d2St-Ocliateur e Its cit.' C.IenK, F:\WP51\DLB\BLUFFS\SEWER2.ESM 10/23/98 3 STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) Ona -„6„) a7, 1998, before me, Roberta M. Kern , Notary Public, personally appeared Graham Jonec and Christopher C. Gibbs . personally known to me (or 1 to be the person(s) whose . e(s) ' subscribed to the within instrument and acknowledged to me that zi - - 0-xecuted the same in hi- 'ter their uthorized capacity/ies, and that by his-Azterrthei signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signat e t ( >,,,) [SEAL] Roberta M. Ke�'n A. J\ n n ,�.t ham n J\ A Al. # ROBERTA M. KERN a,..,.p,., ;f ? COMM. #1119189 x -'! NOTARY PUBLIC-CALIFORNIA Li '4,1,, , _L ORANGE COUNTY , � My Comm.Expires Dec.8,2000 STATE OF CALIFORNIA ) • ss. COUNTY OF ORANGE ) On Cam'"(X)f'i> a9 , 1998, before me,raidalay.0 Fran-Z., , Notary Public, personally appeared Fmi/G e., H2ckio4 and peo p jjCe-r personally known to me e-basis to be the person(s) whose name(s)4s7‘are subscribed to the within instrument and acknowledged to me that hcl3he/they executed the same in hi&'k>'er/their authorized capacity/ies, and that by his/lte,/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature j15YIdQ J allJ [SEAL] MDDALAYO FRAM x,' cow...1165205 ' %ca. NOTARY PUBLIC.CALIFORNIA )i U r �1/r ORANGE COUNTY LI My Term Exp.Dec.11,2001 FAWP511DLB\BLU FFS\SEWER2.ESM 10/23/98 4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Fr,c:rc.cc>ccuc�rc..cr..��..c rc c��.<-a�,..Go. z‹.—air.mac-z‹,crcc-.cr.�crce—c.c,,,, r,,.. .creec.cr..er.Gror..co. . ,,,,,T-r State of eld i't c , AN County of Ot ?� 'Zii v rr �y, -A �7 � On ,12-4���'�� -1�`��^^t' (y (qR' before me, l -/ Ar Neh.trei N Rc lc.p, gA t � Da a Name and Title of Officer(e.g.,"JadeDoe,Notary Pukt t-) personally appeared Pe-� Gre4t - ?� Name(s)of Signer(s) .7 'S NA 54ersonally known to me- to be the persons) g px whose name(14are subscribed to the within instrument Nand acknowledged to me that, 'ohe/thoy executed the same in 0IIe eifauthorized capacity(+es),and that by A e)/hctthoir signature(s)..on the instrument the person; y Commission A.NELSON or the entity upon behalf of which the person-Fs3.acted, r•, F Commission#1066263 A �� _..�,_; executed the instrument. NA € ,•�; ate, Notary Public—California 2 i '+se:: • Orange County-''.'-- My Comm. E..plres Jul 23,1999 WITNESS my hand and official seal. g try, A '7. --:--- -- --- pc Signature of Notary Public C! rr� IONAL g 2,'1 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 g Title or Type of Document: SP-'� - ''L- - E- galt e '"0r A T Document Date: ID /ZZ ! i Number of Pages: 3 I-G>:. r �,r A Signer(s) Other Than Named Above:PA-UAW l,/kW U!GG PR&S i DUiv'ar f :, AN LE0/J t 4eS Vtc.6- PL& E 5zD 'r i P4sr. SE GTACLV, D6P. &1LI 4riziej,zy Capacity(ies) Claimed by Signer(s) pi -„ Signer's Name: Te..--fer Gr'e.L"— Signer's Name: ?, r ❑ Individual ❑ Individual r ❑ Corporate Officer ❑ Corporate Officer Title(s): Title(s): rP ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General i ❑ Attorney-in-Fact ❑ Attorney-in-Fact (' ❑ Trustee - r- • , ❑ Trustee RIGHT THUMBPRINT r ❑ Guardian or Conservator •OFSIGNER ❑ Guardian or Conservator OF SIGNER �5 )C Other: Ai/e1 D'12. Top of thumb here ❑ Other: Top of thumb here I 5 Z Signer Is Representing: Signer Is Representing: 0 C IN of l-f) ► >3c- cMM fi ., ecc`ct^e.' Ccc c‹,,cv` et.�e'a',` �w _,, Et:`�G `ct,,,,, �v��facct>`_t.,.a ^c-c—cccGc:,-,..ct:' 9 c,G 4,- .` ,, ©1995 National Notary Association•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder Call Toll-Free 1.800-876-6827 i CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT `�.e:C.c:C.-x,z vx:.4•r 7,,,Kaf`c-./e .(i4,.c`C C(x7.rc<,:c.etc�,.w. .c..Gh uc G<:,- am! z.<-- ` > .�C" z<,zo"Cc�..•<—. �!`.Cr�e<---e-.Gf>.4� c 45,- I State of C Jam ' $,, County of ncanle. , I Gi I ��/� i On IfJt ll, (Q1l1-t before me, [0.44 4. 4, IV&1 VI Al P�AY . J Dale Name and Title of Officer(e.g., 'I� "Jane Doe,Notary uble) AN personally appeared C O N N t e- Z f2,o cIC_t.c-A`i - g I (,' Name(s)of Signer(s) ri ( X personally known to me- - to be the person($ whose name(t)gage subscribed to the within instrument i and acknowledged to me that#e daZi l ey-executed the nx g same in •_0 heir authorized capacity(ie*, and that by ( ' • O. signatures}-on the instrument the person(, i ri ......';;.. LAUFA A NELSON or t e entity upon behalf of which the person acted, 'to.. Corrc�tsaon# 1066263 executed the instrument. i !'m 4."i, Nofary F:;blio—California ih alv ci,,,,rr,. Expir.s Jul 23 1999 WITNESS my hand and official seal. q ' Signature of Notary Public g Arh OP IONAL rK Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent �` I Yrhh,; fraudulent removal and reattachment of this form to another document. `�5� Nfr, Description of Attached Document NA Title or Type of Document: &we►' Line 5Q.Se e+.. { N rgN Document Date: t o�I:1 I R? Number of Pages: 3 3 Q e4 ✓ il Ar� Signer(s) Other Than Named Above: PArC.LAco Vice PO•4-SI avT f Seca iay :J ?; L+EN NA¢- kEo+4G-5 V i c6- Pei-5 i oC-" ' ' A55T' S +.y, JAY ta., -r! C,trgi 4TrOrzNCy 'S ki Capacity(ies) Claimed by Signer(s) ,,1 Signer's Name: C P' t E. �R°�4�J Signer's Name: 'Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer Title(s): Title(s): ❑ Partner—❑ Limited L General ❑ Partner-0 Limited ❑ General 1 NA ❑ Attorney-in-Fact ❑ Attorney-in-Fact 1 Z ❑ Trustee ❑ Trustee ( RIGHT THUMBPRINT RIGHT THUMBPRINT ❑ Guardian or Conservator OF SIGNER ❑ Guardian or Conservator ( ti OF SIGNER I ) Other: c. D-f C.L E Top of thumb here ❑ Other: Top of thumb here. A,' , ;: 1,� Signer Is Representing: e Vs_ Signer Is Representing: 2 ©1995 National Notary Association•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder Call Toll-Free 1-800-876-6827 EXHIBIT"A" (PUBLIC SEWER LINE EASEMENT) LOTS R, S, AND T, TOGETHER WITH THE SOUTHWESTERLY 30.00 FEET OF THE NORTHEASTERLY 54.00 FEET (SAID DISTANCE BEING MEASURED AT RIGHT ANGLES) OF LOT 65 OF TRACT NO. 14355, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON MAP FILED IN BOOK 770, PAGES 27 TO 33 INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THEREFROM THAT PORTION OF SAID LOT T LYING EASTERLY OF A STRAIGHT LINE (AND ITS PROLONGATION) EXTENDING FROM THE NORTHWEST CORNER OF LOT 8 OF SAID TRACT NO. 14355 TO THE SOUTHWEST CORNER OF LOT 1 OF SAID TRACT NO. 14355. AS SHOWN ON EXHIBIT"B"ATTACHED HERETO AND MADE A PART HEREOF. PREPARED UNDER THE SUP VISION OF: ll 0,2! �� 3,G,p GARY W. DOK H, L.S. 4693 D E � , EXPIRES 9-30-99 a ( _ L.S.4693 "*(\\.5 ., Exp.9-30-99 Q' G:1376106\LEGALS\SEW.DOC TF CF CALF . , EXHIBIT "B " SHEET 1 OF 1 SHEETS b. EASEMENT FOR PUBLIC SEWER LINE WILDFLOWER LANE (LOT S) 'I ___ _ —' OVERLOOK DRIVE I 11 I I III I I I — (PUBLIC STREET) SETTING SUN DRIVE I— (LOTT) IIIr i 1I I I ! 1 I — F.-IL-T1-TL---�, I 1 I 1 II__- /I 1 1 1 / -1------1 III — / l I ! / I I If fib- CLEARVIEW / FAIRWIND CIRCLE (LOT U) I LANE (LOT R) I /�` -�I—i _IT TI I I I I TRACT \J -it rr ILL' I� I I / / --I EVENING STAR CIRCLE (LOT V) NC), J f�» _ .ijJ,J\A. 7 0/2/-J33 IL i I I 'l1— /( I / �� CROSSWIND DRIVE (LOT Q) 11 _ � I I~ / / w �i © "INDICATES PRIVATE 6--— I / I I ec W DRAIN EASEMENT AND PRIVATE I _ ' I III cn ~vi SEWER EASEMENT TO BE r r / — �` /r -I TWILIGHT DRIVE (LOT W) CREATED BY SEPARATE - / INSTRUMENT'. / /� I I o v //h°‘ / r--I -- w I •, . / // / EVENING BREEZE CIRCLE I LOT / \ / / // / (LOT X) / 165 ) / / / / / ��c.O w. 0 34 �ARFIELD —--1-_�� CC Q C c (PuBLiu STREET)E y L.S. 4693 * Exp. 9-30-99 fit' �-It,�F CAl x c 'RAP SCALE '1"= 300' PREPARE ER THE I N OF LEGEND: V//// PRIVATE STREET WITH SEWERUNE ———— LOT UNE GARY W. DOKIC L.S. 4693 (EXPIRES 9/30/99) I:\37606\MAPPING\EXH-SEWR.dwg 11/02/98