HomeMy WebLinkAboutEasement Deed from County of Orange - Old Gothard Landfill S C
M
Council/Agency Meeting Held:
Deferred/Continued to:
A Apgrov d I on i io all prove ❑ Denied C Ci ler ' Signat
Council Meeting Date: 10/19/2009 Department ID Number: ED 09-63
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COU I MEMBERS
SUBMITTED BY: FRED A. WILSON, CITY ADMINISTR
PREPARED BY: JIM B. ENGLE, DIRECTOR OF COMM LAITY SERVIC
STANLEY SMALEWITZ, DIRECTOR OF ECONOMIC eVELOPMENT��L
SUBJECT: APPROVE EASEMENT DEED FROM THE COUNTY OF ORANGE TO
THE CITY OF HUNTINGTON BEACH (THROUGH OLD LANDFILL
SITE OFF GOTHARD STREET)
Statement ofissue,Funding Source,Recommended Action,Alternative Action(s),Analysis, Environmental Status,Attachment(s)
Statement of Issue: The City Council is asked to approve an Easement Deed from the
County of Orange for access, possible future street construction, and maintenance purposes.
The easement stretches through the County of Orange Old Gothard Landfill Site to City
owned property.
Funding Source: N/A
Recommended Action: Motion to:
Approve and Authorize the Mayor and City Clerk to approve, accept, and execute the
Easement Deed from the County of Orange.
Alternative Action(s):
Do not approve and accept the Easement Deed from the County of Orange.
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: 10/19/2009 DEPARTMENT ID NUMBER: ED 09-63
Analysis: The City of Huntington Beach currently has a permit for ingress and egress from
the County of Orange to allow access to the City property (known as the former Gun Range
Site) from Gothard Street. This permit is for City use only and is revocable by the County
upon a thirty (30) day written notice to the City.
If the City of Huntington Beach decides to develop its property west of the County property
(area includes former gun range), the City would need to have the right to construct a public
street over the permit area. Therefore, staff has requested that the County of Orange grant
permanent access rights over the current permit area to the City of Huntington Beach. The
County has agreed and has prepared an Easement Deed for permanent access rights, and
future street construction and maintenance purposes. This are no costs associated with this
easement.
Strategic Plan Goal: Maintain, improve and obtain funding for public improvements.
Environmental Status: N/A
Attachment(s):
a ® ® - o 0
1. Grant of Easement Deed from the County of Orange to the City of
Huntington Beach for access and future street construction and
maintenance purposes.
2. Site Map.
-2- 10/7/2009 8:17 AM
ATTACHMENT
# 1
I RECORDED AT THE REQUEST OF _
AND WHEN RECORDED MAIL TO: Recorded in Official Records, Orange County
3 Tom Daly, Clerk-Recorder
City of Huntington Beach IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII NO FEE
5 P.O. Box 190
Huntington Beach, CA 92648 2010000071495 12.07 pm 02/16/10
7 Attn: Real Estate Services 62 413 E01 A04 13
0.00 0.00 0.00 0.00 36.00 0.00 0.00 0.00
9 Recording Fee Exempt
Per Government Code 27382
11 Exempt from payment of
Documentary Transfer Tax
13
THIS SPACE FOR RECORDER'S USE ONLY
15
Project No: PM 105-31 i.
17 Project: Gothard Street Landfill
�r>
19
EASEMENT DEED
21
THIS EASEMENT DEED is made byy awt' , 20 0, by and between
23 COUNTY OF ORANGE, a political subdivision of t e State of California, ("GRANTOR") and CITY OF
HUNTINGTON BEACH, a body corporate and politic, ("GRANTEE").
25
RECITALS
27
A. GRANTOR is the fee owner of certain real property (the "Easement Area") located at the Gothard Street
29 closed landfill in the County of Orange, State of California, described in Exhibit A and shown on Exhibit
B, both attached hereto and made a part hereof.
31
B. In conjunction with its adjacent park development, GRANTEE wishes to construct road improvements
33 over the Easement Area.
35 C. GRANTOR desires to convey a non-exclusive easement to GRANTEE over and across the Easement
Area for access purposes and for constructing and maintaining road and drainage improvements,
37 inspecting, repairing, replacing and taking all other actions reasonably necessary for GRANTEE to
construct road and drainage improvements and to preserve the integrity of the Easement Area and the
39 closed Gothard Street Landfill upon the terms and conditions set forth below.
41 NOW, THEREFORE, in consideration of the premises and agreements contained herein and for other good
and valuable consideration, the receipt of which is hereby acknowledged, the parties hereto agree as follows:
43
1. GRANT OF EASEMENT
45
GRANTOR hereby grants to GRANTEE a non-exclusive easement over and across the land known as the
47 closed Gothard Street Landfill in the City of Huntington Beach, County of Orange, State of California(the
"Easement Area") described in Exhibit"A" and shown on Exhibit"B", attached hereto and by this reference
49 incorporated herein, for access purposes and for constructing and maintaining road and drainage
sd:OA Gottmrd—City of HB Page 1 of 11 May 14.2009
I improvements, inspecting, repairing, replacing, and taking all other actions reasonably necessary for
GRANTEE to preserve the integrity of the Easement Area and the closed Gothard Street Landfill.
3 GRANTEE agrees to undertake all activities necessary to maintain both the road and drainage improvements
and the integrity of the Easement Area at its sole cost and expense. Such activities shall include but not be
5 limited to, fence maintenance, erosion control and soil stability.
7 2. CONSTRUCTION AND MAINTENANCE
9 GRANTEE shall have all construction and maintenance plans approved in writing by GRANTOR's Director
of OC Waste & Recycling or designee (hereinafter referred to as "Director") prior to commencement of any
11 work within the Easement Area; and upon completion of any work GRANTEE shall immediately notify
Director in writing of such completion. Director's approval of GRANTEE's construction and maintenance
13 plans shall not be deemed approval from the standpoint of structural safety, suitability for purpose or
conformance with building or other codes or other governmental requirements. GRANTOR is not
15 responsible for design, assumptions or accuracy of GRANTEE's construction and maintenance plans.
Director will rely on the professional expertise of the Engineer of Record when approving GRANTEE's
17 construction and maintenance plans.
19 Should it be necessary for GRANTEE to disturb the surface of the Easement Area subsequent to the
completion of the initial installation of road and drainage improvements, GRANTEE agrees to notify
21 Director in writing sixty (60) days in advance and to obtain Director's written approval of all plans prior to
commencement thereof and obtain a permit for construction from GRANTOR after payment of normal
23 processing fees. Said approval shall not be withheld unreasonably, nor shall said approval be necessary in
any emergency situation, however, GRANTEE shall notify GRANTOR of such emergency situation.
25
GRANTEE shall have reasonable access to the Easement Area for the purpose of exercising the rights herein
27 granted; provided however, that any excavation shall be made in such a manner as will cause the least injury
to the surface of the ground and any improvements, including the closed Gothard Landfill and that the earth
29 so removed shall be replaced and the surface of the ground and any improvements and landscaping around
such excavation damaged shall be promptly restored by GRANTEE at its expense to the same condition as
31 existed prior to excavation, to Director's satisfaction. All improvements owned or constructed by
GRANTEE pursuant to this Easement Deed shall be maintained by GRANTEE in good repair and in safe
33 condition and in accordance with all applicable laws, rules and regulations at no cost to GRANTOR.
35 GRANTEE is aware that the Easement Area is a portion of a former refuse disposal station containing fill
consisting of trash and other waste materials and may be subject to surface and subsurface instability,
37 settlement, gas generation, spontaneous combustion, cracking, smoking, and other conditions because of
such former use. Additionally, GRANTEE is aware that GRANTOR has landfill monitoring facilities in the
39 Easement Area.
41 If GRANTEE encounters any refuse during construction within the Easement Area, GRANTEE shall remove
and dispose of all such refuse and shall restore the Easement Area with properly engineered fill in
43 accordance with specifications acceptable to and approved in writing by the Director and in accordance with
all applicable laws and ordinances.
45
All improvements constructed or placed in the Easement Area by GRANTEE shall include engineered
47 drainage improvements (both during construction and operation), so that drainage from the Easement Area
will not impact the landfill waste prism. GRANTEE shall coordinate the design of its improvements in the
49 Easement Area with Director to accommodate installation of groundwater facilities and allow uninterrupted
sd:OA Gotlwd—City of HB Page 2 of 11 May 14,2009
I access by GRANTOR to groundwater monitoring facilities in addition to GRANTOR's existing facilities
within the Easement Area.
3
3. COMPLIANCE WITH APPLICABLE WATER QUALITY REQUIREMENTS
5
GRANTEE shall ensure that all construction in the Easement Area is performed in accordance with any
7 NPDES (National Pollutant Discharge Elimination System)permit requirements or other water quality
statutes, regulations, ordinances, or permits applicable to the construction, including but not limited to use of
9 appropriate best management practices, so as to ensure that pollutants are not discharged into the waters of
the State.
11
4. RELOCATION/CLOSURE OF EASEMENT AREA
13
GRANTOR reserves the right to relocate the Easement Area. In the event GRANTOR exercises this right,
15 GRANTOR shall bear all costs of relocating the Easement Area and replacing GRANTEE's improvements.
17 GRANTOR reserves the right to close access to the Easement Area for reasonable periods of time for
construction, maintenance and repair on its landfill facilities. Any such closure shall be reviewed and
19 approved by GRANTEE, whose approval shall not be unreasonably withheld. In the event of any emergency
such approval by GRANTEE shall not be required; however, GRANTOR shall notify GRANTEE of such
21 emergency closure.
23 5. INSURANCE
25 GRANTEE agrees to procure and maintain at its sole cost and expense at all times while this Easement is in
effect acceptable commercial general liability insurance and automobile liability insurance. GRANTEE
27 agrees to name the County of Orange as an additional insured under its commercial general liability and
automobile liability policies, and agrees that its insurance is primary and non-contributing with any insurance
29 maintained by GRANTOR. GRANTEE agrees to waive all rights of subrogation against the County of
Orange under the commercial general liability and automobile liability insurance policies. GRANTEE
31 agrees to furnish a current certificate of insurance with the required endorsements (governmental entities
with requisite financial capability may self-insure). Commercial liability and automobile liability policies
33 shall provide for not less than thirty (30) days prior written notice to GRANTOR before cancellation or
amendment.
35
Acceptable insurance shall meet the Minimum Limits as set forth below:
37
Commercial General Liability: $1,000,000 combined single limit per occurrence
39
Automobile Liability: California Statutory Limits.
41
GRANTEE can self-insure for their insurance coverage provided such self-insurance meets or exceeds all
43 provisions of the insurance requirements as stated above throughout the term of this Easement. GRANTEE
shall provide a letter or Certificate of Self-Insurance verifying all the stated coverage minimums and
45 comparable terms to GRANTOR.
47 GRANTOR's Risk Manager retains the right to increase, decrease or waive any of the above insurance limits
or to add additional coverages as may be deemed appropriate to adequately protect the County of Orange.
49 GRANTOR shall notify GRANTEE in writing of changes in the insurance requirements. Certificates of
sdCA Gotfwd—City of HB Page 3 of I I May 14,2009
I insurance and endorsements, or a Certificate of Self-Insurance, shall be provided to GRANTOR within thirty
(30) days of notification. The procuring of required policy or policies of insurance shall not be construed to
3 limit GRANTEE's liability hereunder nor to fulfill the indemnification provisions and requirements of this
Easement Deed.
5
7 6. HOLD HARMLESS
9 GRANTEE hereby releases and waives all claims and recourse against GRANTOR, including the right of
contribution for loss or damage to persons or property, arising from, growing out of or in any way connected
11 with or related to this Easement Deed except claims arising from the concurrent active or sole negligence of
GRANTOR, its officers, agents, employees and contractors. GRANTEE hereby agrees to indemnify, defend
13 (with counsel approved in writing by GRANTOR), and hold harmless, GRANTOR, its elected and appointed
officials, officers, agents, employees and contractors against any and all claims, losses, demands, damages,
15 cost, expenses or liability for injury to any persons or property, arising out of the operation or maintenance o
the Facilities and GRANTEE's exercise of its rights under this Easement Deed, except for liability arising out
17 of the concurrent active or sole negligence of GRANTOR, its elected and appointed officials, officers,
agents, employees or contractors, including the cost of defense of any lawsuit arising therefrom. If
19 GRANTOR is named as co-defendant in a lawsuit, GRANTEE shall notify GRANTOR of such fact and
shall represent GRANTOR in such legal action unless GRANTOR undertakes to represent itself as co-
21 defendant in such legal action, in which event, GRANTEE shall pay to GRANTOR its litigation costs,
expenses, and attorneys' fees. If judgment is entered against GRANTOR and GRANTEE by a court of
23 competent jurisdiction because of the concurrent active negligence of GRANTOR and GRANTEE,
GRANTOR and GRANTEE agree that liability will be apportioned as determined by the court. Neither
25 party shall request a jury apportionment.
27 GRANTEE acknowledges that it is familiar with the language and provisions of California Civil Code
Section 1542 which provides as follows:
29 A general release does not extend to claims which the creditor does not know or
suspect to exist in his/her favor at the time of executing the release, which, if known by
31 him/her, must have materially affected his settlement with the debtor.
33 GRANTEE, being aware of and understanding the terms of Section 1542, hereby waives all benefit of its
provisions to the extent described in this paragraph.
35 GRANTEE hereby agrees to indemnify, defend (with counsel approved in writing by GRANTOR), and hold
harmless, GRANTOR, its elected and appointed officials, officers, agents, employees and contractors against
37 any and all claims, losses, demands, damages, cost, expenses or liability (herein after referred to as
"Claims") for injury to any persons or property, arising out of the operation, maintenance, or use of the
39 Easement Area, including but not limited to Claims arising from use of the Easement Area by the general
public and/or GRANTEE's exercise of its rights under this Easement Deed, except for liability arising out of
41 the concurrent active or sole negligence of GRANTOR, its elected and appointed officials, officers, agents,
employees or contractors, including the cost of defense of any lawsuit arising therefrom. If GRANTOR is
43 named as co-defendant(s) in a lawsuit, GRANTEE shall notify GRANTOR of such fact and shall represent
GRANTOR in such legal action unless GRANTEE undertakes to represent itself as co-defendant(s) in such
45 legal action, in which event GRANTEE shall pay to GRANTOR, its litigation costs, expenses, and attorneys'
fees. If judgment is entered against GRANTOR and GRANTEE by a court of competent jurisdiction
47 because of the concurrent active negligence of GRANTOR and GRANTEE, GRANTOR and GRANTEE
agree that liability will be apportioned as determined by the court. Neither party shall request a jury
49 apportionment.sd:CA Goth Page d HB rage 4 of 11 May 14.2009
1 7. HAZARDOUS MATERIALS
3 A. Definition of Hazardous Materials. For purposes of this Easement Deed, the term "Hazardous Material"
or"Hazardous Materials" shall mean any hazardous or toxic substance, material, product, byproduct, or
5 waste which is or shall become regulated by any governmental entity, including, without limitation,
7 GRANTOR acting in its governmental capacity, the State of California or the United States government.
B. Use of Hazardous Materials. GRANTEE or GRANTEE's employees, agents, independent contractors
9 or invitees (collectively"GRANTEE's Permiees") shall not cause or permit any Hazardous Materials to be
brought upon, stored, kept, used, generated, released into the environment or disposed of on, under, from or
11 about the Easement Area(which for purposes of this clause shall include the subsurface soil and
groundwater). Notwithstanding the foregoing, GRANTEE may keep and use in machinery or equipment on
13 or about the Easement Area small quantities of Hazardous Materials that are used in the ordinary, customary
and lawful construction and maintenance of the Facilities on the Easement Area.
15
C. GRANTEE Obligations. If the presence of any Hazardous Materials on, under or about the Easement
17 Area caused or permitted by GRANTEE or GRANTEE's Permittees results in (i) injury to any person, (ii)
injury to or contamination of the Easement Area(or a portion thereof), or (iii) injury to or contamination of
19 any real or personal property wherever situated, GRANTEE, at its sole cost and expense, shall promptly take
all actions necessary or appropriate to return the Easement Area to the condition existing prior to the injury
21 or contamination. Without limiting any other rights or remedies of GRANTOR under this Easement Deed,
GRANTEE shall pay the cost of any cleanup or remedial work performed on, under or about the Easement
23 Area as required by this Easement Deed or by applicable laws in connection with the removal, disposal,
neutralization or other treatment of such Hazardous Materials caused or permitted by GRANTEE or
25 GRANTEE's Permittees. Notwithstanding the foregoing, GRANTEE shall not take any remedial action in
response to the presence, discharge or release, of any Hazardous Materials on, under or about the Easement
27 Area caused or permitted by GRANTEE or GRANTEE's Permittees, or enter into any settlement agreement,
consent decree or other compromise with any governmental or quasi governmental entity without first
29 obtaining the prior written consent of GRANTOR. All work performed or caused to be performed by
GRANTEE as provided for above shall be done in good and workmanlike manner and in compliance with
31 plans, specifications, permits and other requirements for such work approved by GRANTOR.
33 D. Indemnification for Hazardous Materials. To the fullest extent permitted by law, GRANTEE hereby
agrees to indemnify, hold harmless, protect and defend(with counsel approved in writing by GRANTOR)
35 GRANTOR, its elected officials, officers, employees, agents and independent contractors and the Easement
Area from and against any and all liabilities, losses, damages (including, but not limited to, damages for the
37 loss of the Easement Area, diminution in the value of the Easement Area,judgments, fines, demands, claims,
recoveries, deficiencies, costs and expenses (including, but not limited to, reasonable attorneys fees,
39 disbursements and court costs and all other professional or consultants expenses), whether foreseeable or
unforeseeable, arising directly or indirectly out of the presence, use, generation, storage, treatment, on or off-
site disposal or transportation of Hazardous Materials on, into, from, under or about the Easement Area by
GRANTEE or GRANTEE's Permittees. The foregoing indemnity shall also specifically include the cost of
43 any required or necessary repair, restoration, clean-up or detoxification of the Easement Area and the
45 preparation of any closure or other required plans.
8. EXCEPTIONS AND RESERVATIONS
47
GRANTOR hereby reserves for itself and its successors and assigns, such surface, subsurface, and aerial
49 rights as will not interfere with or prohibit the reasonable use by GRANTEE, its successors and assigns, of
sd:OA Gothard—City of HB Page 5 of 11 May 14.2009
I the rights of the Easement herein granted. GRANTOR will not place or permit any building on the Easement
Area or otherwise interfere with the reasonable full enjoyment by GRANTEE of the Easement hereby
3 granted.
5 This grant is subject to all contracts, leases, licenses, easements, liens, encumbrances, covenants, conditions,
restrictions, reservations, rights, rights of way and claims of record or which would be apparent from a
7 survey or inspection of the Easement Area which may affect the Easement Area, and the use of the word
"grant" herein shall not be construed as a covenant against the existence of any thereof. Nothing contained
9 herein, or in any document related hereto, shall be construed to imply the conveyance to GRANTEE of right
in the property which exceed those owned by GRANTOR, or any representation or warranty, either express
11 or implied, relating to the nature or condition of the property or GRANTOR's interest therein.
13 Nothing expressed or mentioned in this Easement Deed is intended or shall be construed to give any person,
other than the parties hereto and their respective successors and assigns, any legal or equitable right, remedy
15 or claim under or in respect of this Easement Deed or any provisions hereof being intended to be and being
for the sole and exclusive benefit to the parties hereto and their successors and assigns described above, and
17 for the benefit of no other person.
19 9. VENUE
21 The parties hereto agree that this Easement Deed has been negotiated and executed in the Sate of California
and shall be governed by and construed under the laws of California. In the event of any legal action to
23 enforce or interpret this Easement Deed, the sole and exclusive venue shall be a court of competent
jurisdiction located in Orange County, California, and the parties hereto agree to and do hereby submit to the
25 jurisdiction of such court, notwithstanding Code of Civil Procedure Section 394. Furthermore, the parties
hereto specifically agree to waive any and all rights to request that an action be transferred for trial to another
27 county.
29 10. SEVERABILITY
31 If any term, covenant, condition, or provision of this Easement Deed is held by a court of competent
jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full
33 force and effect and shall in no way be affected, impaired or invalidated thereby.
35 11. SUCCESSORS AND ASSIGNS
37 The terms, covenants and conditions contained herein shall apply to and bind the heirs, successors,
executors, administrators and assigns of the parties hereto.
39
12. CALENDAR DAYS
41
Any reference to the word "day" or "days"herein shall mean calendar day or calendar days, respectively,
43 unless otherwise expressly provided.
45 13. ATTORNEY FEES
47 Except for the application of the provisions of sections 6 and 7.1), in any action or proceeding brought to
enforce or interpret any provisions of this Easement Deed, or where any provision hereof is validly asserted
49 as a defense, each party shall bear its own attorney fees and costs.
sd:OA Goths d—City of HB Page 6 of I I May 14.2009
1 14. AMENDMENTS
3 No alteration or variation of the terms of this Easement Deed shall be valid unless made in writing and
signed by the parties, and no oral understanding or agreement not incorporated herein shall be binding on
5 any of the parties. Any amendment or cancellation of the Easement Deed shall be recorded in the Official
Records of the County of Orange.
7
15. AUTHORITY
9
The parties to this Easement Deed represent and warrant that this Easement Deed has been duly authorized
11 and executed and constitutes the legally binding obligation of their respective organization or entity,
enforceable in accordance with its terms.
13
16. HEADINGS
15
The headings in this Easement Deed are for convenience of reference only and shall not limit or otherwise
17 affect the meaning hereof.
19 17. WAIVER OF RIGHTS
21 The failure of GRANTOR to insist upon strict performance of any of the terms, covenants, or conditions of
this Easement Deed shall not be deemed a waiver of any right or remedy that GRANTOR may have, and
23 shall not be deemed a waiver of the right to require strict performance of all the terms, covenants, and
conditions of this Easement Deed thereafter, nor a waiver of any remedy for the subsequent breach or default
25 of any term, covenant, or condition of this Easement Deed.
27 18. NOTICES
29 All notices, documents, correspondence, and communications concerning this Easement Deed shall be
addressed as set forth in this clause, or as the parties may hereafter designate by written notice, and shall be
31 sent through the United States mail, duly registered or certified with postage prepaid. Any such mailing shall
be deemed served or delivered forty-eight(48) hours after mailing. Each party may change the address for
33 notices by giving the other party at least ten(10) calendar days prior written notice of the new address.
35 Notwithstanding the above, either party may also provide notices, documents, correspondence, or such other
communications to the other by personal delivery or facsimile and, so given, shall be deemed to have been
37 given upon receipt.
39
GRANTOR: GRANTEE
41 County of Orange City of Huntington Beach
OC Waste & Recycling 2000 Main Street
43 320 N. Flower Street, Suite 400 Huntington Beach, CA 92648
Santa Ana, CA 92703 Attn:
45 Attn: Director
47
49
":OA Gothud_City of HB Page 7 of 11 M.14.2009
i
1 19. ENTIRE AGREEMENT
3 This Easement Deed contains the entire agreement between the parties with respect to the matters herein and
there are no restrictions, promises, warranties or undertakings other than those set forth or referred to herein.
5
20. ATTACHMENTS
7
This Easement Deeds includes the following, which are attached hereto and made a part hereof-
9
A. Exhibit A—Legal Description
11 B. Exhibit B— Site Plan
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sd:OA God-d-Ciq ofHB Page 8 of 11 May 14,2009
I IN WITNESS WHEREOF, the parties have executed this Easement Deed the day and year first above
written.
3
5 APPROVED AS TO FORM:
CITY
7 City Attorney
CITY OF HUNTINGTON BEACH
9
F�
11 By: By: ....
13 Keith Bohr, Mayor
Date: 7 '- 7/d ( Date: October 26, 2009
15
17 APPROVED AS TO FORM
19 Office of County Counsel
Orange County, California
21
23
By. ,ry
25 Deputy
27 Date: , l
29 RECOMMENDED FOR APPROVAL:
31 ,a
33
OC Waste & Recycling
35
37 SIGNED AND CERTIFIED THAT A COPY OF
THIS AGREEMENT HAS BEEN DELIVERED
39 TO THE CHAIR OF THE BOARD PER G.C. COUNTY
SEC 25103, RESO 70-1535
41 ATTEST: COUNTY OF ORANGE
43 i
�&J�c
45
Darlene J. Bloomy Chair, Board of Supervisors
47 Clerk of the Board of Supervisors
Orange County, California
49
sd:CA Golhud-CityofHB Page 9 of 11 May 14,2009
1
STATE OF CALIFORNIA )
3 ) SS
COUNTY OF ORANGE )
5
ACKNOWLEDGEMENT
7
9 On �CZ041aC , 200, before me, —��°/y�CZ I ,Notary Public, personally
appeared �L E� M , who
11 proved to me on the basis of satisfactory evidence to be the person(A) whose nam '�si ar-e subscribed to the
within instrument and acknowledged to me&e/slcthey executed the same i is heir-authorized
13 capacity(i�), and that by is hv;44wk signature( }on the instrument the personN or the entity upon behalf
of which the person acted, executed the instrument.
15
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
17 paragraph is true and correct.
WITNESS my hand and official seal.
19 j
(-�D' c
P. L.ESPARZA
21 Commission# 1857021 Signature
•a Notary Public-California
23 Orange County
My Comm.Expires Aug4,2013
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31
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sd:OA Gothard-City of He Page 10 of 11 May 14,2009
1
CERTIFICATE OF ACCEPTANCE
3
GRANT OF EASEMENT
5
This is to certify that the interest in real property conveyed by the Easement Deed dated 19 October
7 2009 , as made by the County of Orange, a political subdivision of the State of California,to the City of
Huntington Beach, a body corporate and politic, is hereby accepted by the undersigned City Council of the
9 City of Huntington Beach, and the City consents to recordation thereof by its duly authorized officer.
11
13 :
Byc �� :- Date October 26, 2009
15 Joan L. Flynn, City rk e,` go,,1};�54ofL Bo-Ack
17
19
STATE OF CALIFORNIA )
21 ) SS
COUNTY OF ORANGE )
23
ACKNOWLEDGEMENT
25
On �' �L�l__ ab, 20be re me, �. Z::�eol*L ,Notary Public, personally
27 appeared "�F , who
proved to me on the basis of satis actory evidence to be the person( whose nam6/ate subscribed to the
29 within instrument and acknowledged to me he she%hey executed the same i is kTAhe r-authorized
capacity(*k,), and that b3(Fi 3 er4heir signature(,.) on the instrument the persono) or the entity upon behalf
31 of which the person(.) acted, executed the instrument.
33 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
35 WITNESS my hand and official seal.
37 P.L. ESPARZA
PCommission# 1857021
I ,-® Notary Public-California = Signatur
39 Z Orange County '
My Comm.Expires Aug4 2013
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5d:0A Golhud—City of HB Page 11 of 11 May 14.2009
LEGAL DESCRIPTION
FOR
ACCESS EASEMENT
BEING A PORTION OF THE NORTH ONE-HALF OF THE NORTHWEST QUARTER OF
SECTION 35, TOWNSHIP 5 SOUTH, RANGE 11 WEST, IN THE RANCHO LAS BOLSAS, IN
THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA,
AS SHOWN ON A MAP FILED IN BOOK 51, PAGE 13 OF MISCELLANEOUS MAPS IN THE
OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, MORE PARTICULARLY
DESCRIBED AS FOLLOWS;
BEING THE NORTH 52 FEET OF THE SOUTHWEST QUARTER OF THE NORTHWEST
QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 35, TOGETHER WITH;
THE NORTH 52 FEET OF THE EAST 145 FEET OF THE SOUTHEAST QUARTER OF THE
NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 35.
EXCEPT THEREFROM THAT PORTION LYING WITHIN THE RIGHT OF WAY OF
GOTHARD STREET .
NL LAND
4�� SANE
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No. 3347
Exp. 6-30-04
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EN & EXHIBIT "A"
OCIATES LEGAL DESCRIPTION
FOR
CIVIL ENGINEERS-LAND SURVEYORS-PLANNERS ACCESS EASEMENT
2552 WHITE ROAD,SUITE B•IRVINE,CA 92614-6236 W.O. No. 1306-202-001 Date 3/18/02
(949)660-0110 FAX:660-0418 Engr. B.J.W. Chk. J.W. Sheet 1 of 1
GOT1`OARD S RErT
" 058.79' N 00'45 30° W
52.00'
NE GOR., NW 114, I 1 1
NE GOR., SW 1/4,
NE 114, NW 114, SEG. 35. NE 114, NW 114, SEG. 35.
PER R.S. NO. 92-1006 PER R.S. NO. 92-1000.
p ( 50ALE: 1"=100'
� IN
E5TABL15HED A5 N. LINE, AGGE55 EA5EMENT
5 112, N 112, NW 114, 0.914 AGRE5
Q 5EG. 35. PER R.5. NO. 92-1000.
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N. LINE, W 112, 5W 114,
NE 114, NW 114, 5EG. 35
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I
E5TABL15HED AS W. LINE, I
E. 112, NW 114, 5EG. 35.
PER R.5. NO. 92-1000.
059.35' 1
S��NNL LA LINE, E 145,
�`,�p `AN E 5E 114, NW 114,
oQ Fo I NW 114, SEG. 35.
/0 -3347 �" I
Exp. 6-30-04
qlF OF 0 A`\���� N 00'4544° E
52.00'
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DEN & EXHIBIT "B"
SOCIATES SKETCH TO ACCOMPANY A LEGAL
DE50RIPTION FOR AN AGGE55 EASEMENT
CIVIL ENGINEERS - LAND SURVEYORS - PLANNERS
2552 WHITE ROAD, SUITE B •IRVINE, CA 92614-6236 W.O. No. 130G-202-001 Date 3-18-02
(949) 660-0110 FAX: 660-0418 En r. B.J.W. Chk'd M. Sheet I Of 1
ATTACHMENT #2
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TOO WALL 12-2-
RCA ROUTING SHEET
INITIATING DEPARTMENT: Economic Development
SUBJECT: Approve Easement Deed from County of Orange
COUNCIL MEETING DATE: October 19, 2009
RCA ATTACHMENTS STATUS '
Ordinance (w/exhibits & legislative draft if applicable) Attached ❑
Not Applicable
Resolution (w/exhibits & legislative draft if applicable) Attached ❑
Not Ap licable
Tract Map, Location Map and/or other Exhibits Attached
Not Applicable ❑
Contract/Agreement (w/exhibits if applicable) Attached
(Signed in full by the City Attorney) Not Applicable ❑
Subleases, Third Party Agreements, etc. Attached ❑
(Approved as to form by City Attorney) Not Applicable
Certificates of Insurance (Approved by the City Attorney) Attached ❑.
Not Applicable
Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑
Not Applicable
Bonds (If applicable) Attached ❑
Not Applicable
Staff Report (If applicable) Attached
Not Applicable
Commission, Board or Committee Report (If applicable) Attached ❑
Not Applicable
Findings/Conditions for Approval and/or Denial Attached ❑
Not Applicable
EXPLAHATIOH FOR vNli ISSING ATTACHMENTS
REVIEWED RETURNED FOR A DED
Administrative Staff ( ) )
Deputy City Administrator (Initial) ( )
City Administrator (Initial) ( ) ( )
City Clerk ( )
EXPLANATION FOR RETURN OF ITEM:
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RCA Author: Mike Green/Tina Krause