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HomeMy WebLinkAboutEASEMENT DEED FROM THE ORANGE COUNTY WATER DISTRICT (OCWD) f t� � l 4F0 a F1) 2006 SEP -7 P 11 5: 28 Council/Agency Meeting Held: j Deferred/Continued to: E 1,l M Approved ❑ Conditionally Approved ❑ Denied City Clerk's Signature Council Meeting Date: 9/18/2006 Department ID Number: PW 06-048 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND,CITY,COUNCIL MEMBERS SUBMITTED BY: PEWLLOPE ULBRETH-GRAFT, CITY ADMANISTRAT R PREPARED BYE ROBERT F. BEARDSLEY, PE, DI CT F PUBLIC W RKS SUBJECT: Accept Easement from the Orange County Water District Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachments) Statement of Issue: Acceptance of an easement from the Orange County Water District for road purposes is required as a condition of the Well Site 1-32 project, located at Ellis Avenue and Patterson Lane. ' Funding Source: No funding is required for this action. Recommended Action: Motion to: Authorize the Mayor and City Clerk to execute the attached Easement Deed for recordation by the Orange County Water District. Alternative Action(s): Do not accept this easement and direct staff on how to proceed. Analysis: The Orange County Water District recently completed improvements to its property located at 18461 Patterson Lane. The improvements included the construction of their 1-32 well site and associated landscaping, as part of its groundwater barrier system as well as the adjacent street improvements. As a condition of the development, dedication of an easement was required to accommodate the ultimate right of way for both Ellis Avenue and Patterson Lane. The Orange County Water District requested both the Mayor and City Clerk execute the Easement Deed, prior to its Board action. REQUEST FOR ACTION MEETING DATE: 9/18/2006 DEPARTMENT ID NUMBER:PW 06-048 Public Works Commission Action: Not required for this action. Environmental Status: Not required for this action. Attachment(s): City Clerk's Page Number No. Description 1. Easement Deed (2-copies) G:\R C A\2006\06-048 Sep 5 Broussard(Accept Street Easement OCWD).doc -2- 8/31/2006 2:31 PM ATTACHMENT # 1 Recording Requested by and when Recorded Mail this Deed and Mail Tax Statement to- ORANGE COUNTY WATER DISTRICT 10500 Ellis Avenue P.O.Box 8300 Fountain Valley,CA 92728-8300 Exempt from Fee--Public Agency Government.Code Section 6103 SPACE ABOVE FOR RECORDER'S USE ONLY EASEMENT DEED Well Site I-32 FOR A VALUABLE CONSIDERATION, the receipt and adequacy of which is hereby acknowledged,the ORANGE COUNTY WATER DISTRICT, a political subdivision of the State of California("Grantor"herein), hereby GRANTS AND CONVEYS to the CITY OF HUNTINGTON BEACH, a municipal corporation ("Grantee" herein), and its successors and assigns, a non-exclusive perpetual easement and right-of-way for road purposes in, on, along and under the real property situated in the City of Huntington Beach, County of Orange, State of California, and more particularly described in Exhibit"A,"which exhibit is attached hereto and made a part hereof, (hereinafter, the `Basement Area"). A plat depicting the Easement Area is attached hereto as Exhibit"B." Grantee shall indemnify, defend and hold Grantor, its agents, representatives, directors, officers, or employees harmless from and against any actions, claims, damages to persons or property, obligations or liabilities that may be asserted or claimed by any person or entity in connection with any of the rights granted to Grantee under this Easement Deed, including payment of reasonable attorney and legal expenses. This Deed shall be construed and interpreted with and shall be governed and enforced in all respects according to the laws of the State of California and as if drafted by both Grantor and Grantee. No amendment, change or modification of this document shall be valid unless in writing, stating that it amends, changes or modifies this Deed, and signed by all of the parties hereto. This easement and the provisions contained herein shall be binding upon and inure to the benefit of Grantor, Grantee, and their respective heirs, executors, administrators, personal representatives, successors and assigns. IN WITNESS WHEREOF,this instrument has been executed on September 18 ,2006. "GRANTOR" APPROVED AS TO FORM ORANGE COUNTY WATER DISTRICT a political subdivision of the State of By: California organized under Chapter 924 of Joel Kuperberg, General Counsel the Statutes of 1933, as amended Orange County Water District By: Philip L. Anthony,President By: Virginia Grebbien,General Manager "GRANTEE" APPROVED AS TO FORM CITY OF HUNTINGTON BEACH, "nnifer a municipal corporation BYY), City orney''16G By: ���,'Z��k (� LZ U1P Dave Sullivan,Mayor ATTEST TO: an L. Flynn, City erk EASEMENT HB ROAD(6/8/06) 2 STATE OF CALIFORNIA ) ss ORANGE COUNTY ) Oni ,2006 before me,the undersigned, a Notary Public in and for said State, personally appeared �L✓e s,�11 t ya r1 and T&-�-'l L.. -1-/yneg ,[ f ]personally known to me ) effliey- e same in is e i Ent. dh A ALie : WITNESS my hand and official seal. Commwton*1600w Notary heft-Cawwft Orange County lop A 12. ignature of Notary [Seal] S Exhibit A Legal Description Those certain lands situated in the City of Huntington Beach, County of Orange, State of California, in the Rancho Las Bolsas, also being a portion of the southwest quarter, of the southwest quarter, of the northwest quarter, Section 36, Township 5 South, Range 11 West, San Bernardino Meridian, as shown on the map filed in Book 51, page 13 of Miscellaneous Maps, included within Parcel 2, of the City of Huntington Beach Lot Line Adjustment 02-08, recorded as document number 2003000678490 of Official Records, all in the office of the Recorder of said County, more particularly described as follows: The Southerly 20 feet together with the Easterly 2 feet of said Parcel 2. Subject to all Covenants, Rights, Rights—of—Ways and Easements of Record. See exhibit "B" attached hereto and by this reference made a part hereof. NANO G. SG Joseph G. Derleth —" = o _j EXP. 12-31-07 PLS 7340, expires 12/31/07 L.S. 7340 lF OF CAS-\, M:\Drawings\Survey\EIIisROWPlats\EIIisROWLegals.dwg Dedication Plat 18461 Patterson Lane CITY OF HUNTINGTON BEACH FIB DEPARTMENT OF PUBLIC WORKS 3 <N89°35'5YE, 131.50'> uO — — — — Parcel M CHB LLA 02--08 3 3.00' u o, ,. o Doc #20030.00£ 7 8490 v) o� CD I " 18451 Patterson Ln LA N89°35'55E, 129.50' — o — — to ,.. ON Parce oo > �o CHB LLA 02-08 +> o 0 0 +, pq ° z I o Doc #2003000678490 0 0 0 0 0.:::.::::: c5 S 18461 Patterson Ln N89°3555NE, 129,50' 6.00 01 20.00' 20 00' j 40.00' <N89°35'55"E, 131.50'> 1 � W1/4 Cor south line, north 1/2, 15 0 30 Sec 36, Eris Ave Sec 36 T5S, R11W T5S, R11W, SCALE 1" = 30' = Area to be dedicated to the City of Huntington Beach = Deeded to the City of Huntington Beach per 4667/327 OR < >=record per C,H.B. L.L.A. 02-08, DNC# 2003000678490 of OR C 7=record per Parcel Map 85-330, 246/45-47 of P.M. ( )=record per Doc. No 19980455450 of O.R. 0 = N89°35'55"E,t282,86'? Exhibit 551355 fB7f M:\drawfigs\Survey\QIisROWPlats\EUisROWPiatsE_08ch.dwg Dedication Plat 18461 Patterson Lane CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS STATE OF CALIFORNIA ) ss COUNTY OF ORANGE ) On ,2006 before me,the undersigned,a Notary Public in and for said State, personally appeared , [ ] personally known to me OR[ ] proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/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 of Notary [Seal] STATE OF CALIFORNIA ) ss COUNTY OF ORANGE ) On ,2006 before me,the undersigned,a Notary Public in and for said State, personally appeared , []personally known to me OR[] proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in'his/her/their authorized capacity(ies), and that by his/her/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 of Notary [Seal] 6 CERTIFICATE OF ACCEPTANCE (Government Code Section 27281) THIS IS TO CERTIFY that the interest in real property conveyed by Deed or Grant dated 9/18/2 0 0 6 2006 from the ORANGE COUNTY WATER DISTRICT,a political subdivision of the State of California,to the CITY OF HUNTINGTON BEACH, a municipal corporation, is hereby accepted by the undersigned officer on behalf of the CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, pursuant to the authority conferred by resolution or ordinance of the CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH adopted on A u g u s t 7 , 19 72f : : and the Grantor consents to recordation thereof by its duly authorized officer. Dated: October 03 ,2006 BY: 7 RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Accept Easement from the Orange County Water District COUNCIL MEETING DATE: September 18, 2006 RCA ATTACHM��11'S STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map, Location Map and/or other Exhibits Attached ZZ Not Applicable ❑ Contract/Agreement w/exhibits if applicable) Attached ❑ ( Pp ) Not Applicable (Signed in full by the City Attorne Attached ❑ Subleases, Third Party Agreements, etc. Not Applicable Approved as to form by City Attome Certificates of Insurance (Approved b the City Attorne Attached ❑ Pp Y Y Y) Not Applicable Attached ❑ Fiscal Impact Statement (Unbudget, over$5,000) Not Applicable Attached Bonds (If applicable) Not Applicable Attached ❑ Staff Report (If applicable) Not Ap licable Commission, Board or Committee Report If applicable) Attached ❑ p ( pp ) Not Applicable s/Conditions for Approval and/or Denial Attached ElFindin g pp Not Applicable EXPLANATION iFOR,MISSING ATTACHMENTS REVIEWED RETURNED FORWAR©ED Administrative Staff Assistant City Administrator Initial C, Cit Administrator Initial City Clerk EXPLANATION FOR RETURN OF ITEM: Only)(Below Space For City Cierk's Use RCA Author: T. Broussard 10fl CITY OF HUNTINGTON BEAC2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK October 3, 2006 Shivaji Deshmukh, P. E. Orange County Water District 10500 Ellis Avenue Fountain Valley, CA 92708-6921 Dear Mr. Deshmukh: Enclosed are the two Easement Deeds for Well Site 1-32 that were approved by our City Council on September 18, 2006. After your board has executed the deeds, please have them recorded with the County and mail one back to my attention at the above address to complete our files. You assistance is greatly appreciated. Sincerely, I?", O�- Joan L. Flynn City Clerk Enclosure: 2 Easement Deeds—Well Site 1-32 (Ellis Ave. & Patterson Ln.) G:followup:agrmtltr (Telephone:714-536-5227)