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HomeMy WebLinkAboutGrant Easement Deed and Agreement - Orange County Flood Cont Vic CITY OF HUNTINGTON BEACH MEETING DATE: November 15, 1999 DEPARTMENT ID NUMBER: PW 99-112 Council/Agency Meeting Held: (OD-as 7Appr6ved rred/Continued to: ❑ Conditionally Approved ❑ Denied �e C Clerk's Signature Council Meeting Date. November 15, 1999 Department ID Number. PW 99-112 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION �= r SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS' SUBMITTED BY: RAY SILVER, City Administrator ,:_ REPARED BY: ROBERT F_ BEARDSLEY, Director of Public Work l w C-) :r n SUBJECT: APPROVE AN EASEMENT DEED AND AGREEMENT FOR THE DEDICATION FOR STREET PURPOSES OF A PORTION OF MAGNOLIA STREET AT THE OCEAN VIEW CHANNEL Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: The Orange County Flood Control District is requesting that the City approve an "Easement Deed and Agreement" for the dedication of a portion of Magnolia Street at the Ocean View Channel. Funding Source: Not Applicable. Recommended Action: Motion to: Approve and authorize the Mayor and City Clerk to execute the "Easement Deed and Agreement" from the Orange County Flood Control District. In addition, per the City Attorney's direction, approve the City's indemnity obligation requirement requested by the County and instruct the City Clerk to have the "Easement Deed and Agreement" recorded with the Orange County Recorder's Office. Alternative Action(sl: Deny the recommended action. Analysis: As a result of an American Land Title Association (ALTA) Survey for the River Meadows Apartments, it was discovered that a portion of Magnolia Street, at the Orange County Flood Control Channel (Ocean View Channel), was never dedicated as a public street. This has created a situation whereby the River Meadows Apartments do not have legal access to a public street. Easement from OCFCD RCA -2- 11103/99 8:12 AM CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK 1� DEED CERTIFICATION CITY OF HUNTINGTON BEACH This is to certify that the interest in real property conveyed by the Deed dated September.21, 1999,from Orange County Flood Control District 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: December 13, 1999 CITY OF HUNTINGTON BEACH CONNIE BROCKWAY, CMC CITY CLERK By: a "J11- -.Adj J e e Case uW . . gAfollowup\deedcert/deed 5702/State (Telephone:714-536.5227) HB CITY OF HUNTINGTON BEACH - IN'1'1:R-DEPARTMEN"f COMMUNICATION TO: CONNIE BROCKWAY, City Clerk FROM: GAIL HUTTON, City Attorney DATE: January 18, 2000 SUBJECT: RLS 00-041; Easement Deed from the Orange County Flood Control District INDEX: PUBLIC PROPERTY AND PUBLIC WORKS; PUBLIC PROPERTY; STREETS AND EASEMENTS/ LIABILITY AND LITIGATION; INDEMNITY AGREEMENTS AND BONDS BACKGROUND: I am writing in response to your January 11, 2000 memorandum to John Fujii regarding the Easement Deed and Agreement ("Easement Deed") between the Orange County Flood Control District and the City. (Attachment 1.) The County Recorder's office rejected the Easement Deed because the County required the City's signature and acknowledgement on the Easement Deed, even though the City attached its standard Deed Certification. Phyllis Johnson of the County Recorder's office sent your office a fax telling you that the Easement Deed can be recorded as a deed only, and not also as an agreement, if the City's signature and acknowledgement are not on the document. QUESTIONS: 1. How should the Easement Deed be recorded'' 2. 3. What are the ramifications, if any, of the Easement Deed not being signed by the Mayor and the City Clerk on behalf of the City? ANSWERS: I. If you want the Easement Agreement to be recorded and indexed as both an easement and agreement, the Mayor and the City Clerk must sign the document. However. It is okay for the Easement Deed to be recorded as an easement only, and not also as an agreement. 2. Not having the Mayor and City Clerk's signatures on the document may have an effect on the Flood Control District's ability to enforce the City's obligations under the Easement Deed against the City. (See Huntington Beach Charier Section 613.) If you have any questions, please call me or John Fujii. /1-,� GAIL HUTTON, City Attorney Attachment: 1. City Clerk's January 11, 2000 memorandum to John Fujii with its attachments. g:Ij mA2 Kme mos%.RLS00-014 CITY OF HUNTINGTON BEACH MEETING DATE: November 15, 1999 DEPARTMENT ID NUMBER: PW 99-112 Council/Agency Meeting Held: :Def�rred/Continued to: A/pproved ❑ Conditionally Approved ❑ Denied 7 �P C Clerk's Signature Council Meeting Date: November 15, 1999 Department ID Number: PW 99-112 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS = -?� co r SUBMITTED BY: RAY SILVER, City Administratorx/1P REPAIRED BY: ROBERT F. BEARDSLEY, Director of Public Worksn w c7 :t n SUBJECT: APPROVE AN EASEMENT DEED AND AGREEMENT FOR THE DEDICATION FOR STREET PURPOSES OF A PORTION OF MAGNOLIA STREET AT THE OCEAN VIEW CHANNEL Statement of Issue,Funding Source,Recommended Action,Aliemative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: The Orange County Flood Control District is requesting that the City approve an "Easement Deed and Agreement" for the dedication of a portion of Magnolia Street at the Ocean View Channel. Funding Source: Not Applicable. Recommended Action: Motion to: Approve and authorize the Mayor and City Clerk to execute the "Easement Deed and Agreement" from the Orange County Flood Control District. In addition, per the City Attorney's direction, approve the City's indemnity obligation requirement requested by the County and instruct the City Clerk to have the "Easement Deed and Agreement" recorded with the Orange County Recorder's Office. Alternative A_ction�s): Deny the recommended action. Analysis: As a result of an American Land Title Association (ALTA) Survey for the River Meadows Apartments, it was discovered that a portion of Magnolia Street, at the Orange County Flood Control Channel (Ocean View Channel), was never dedicated as a public street_ This has created a situation whereby the River Meadows Apartments do not have legal access to a public street. L J I i Easement from OCFCD RCA -2- 11103/99 8:12 AM ,:QUEST FOR COUNCIL ACTION MEETING DATE: November 15, 1999 DEPARTMENT ID NUMBER: PW 99-112 The acceptance and recordation of the "Easement Deed and Agreement" will absolve the right-of-way issue that has existed for several years. 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 "Easement Deed and Agreement" RCA Author: Bruce Crosby:jrn 36431 Easement from OCFCD RCA -3- 11/04/99 7:44 AM RETURN ADDRESS: DATE �"J DEC 2 9 1399 L� . �� �1vti,���►o�f 6�� `} •O. F;UX 1'�Cj . Regretfully your unrecorded naming tx Fti together with your remittance of S � , Ck. No. � is being returned as your document is deficient in the area(s) indicated below: (1) The recorder can find no provision in the law authorizing the recording of the enclosed document(s). (2) Recording cannot be performed in this county. Please forward your document to County Recorder. (3) For proper indexing: a. "Et al" is not acceptable; all parties must be named. b. The name of the company, corporation or partnership must be at the signature point. c. The trustee of a trust must be identified as such. d. The names in the caption,execution and notary acknowledgment must match. e. The caption of the document and signature point need to identify who the custodian/agent represents (4) The Documentary Transfer Tax declaration must be completed to show either the amount of tax due or an acceptable reason for exemption. (See enclosed bulletin.) if there is"No consideration,"document must so state. (5) The city where the property is located or"unincorporated area," is required on the deed and the tax declaration must indicate how the tax was computed. (6) The preliminary change of ownership report is required. Please complete or correct the areas marked in red. (7) The notary acknowledgment is incomplete (please see red mark) or is on an outdated form.A "General Acknowledgment"form is required. (See enclosed sample.) (8) The notary seal is illegible. You may have the notary restamp the document clearly or you may complete the enclosed certification under the penalty of perjury. Adding the "Penalty of Perjury" statement will increase the fee by$ (9) Portion(s) of the document are illegible (please see red mark). You may execute and submit a new original,'or complete the enclosed certification under penalty of perjury.Adding the "Penalty of Perjury"statement will increase the fee by$ (10) The legal descriptionlexhibit has been omitted. All exhibits must be referenced in the body of the document and appropriately labeled. (11) Recording reference (date and document number or book and page)of the prior recorded document is incorrect or was omitted. (12) Abstracts of judgment must contain the address of the judgment creditor(s), the address of the judgment debtor(s) and the address at which the summons was served or mailed. (13) Pursuant to Government Code sections 27288.1 and 27201, all parties whose interest is affected must be named and identified (i.e. owner etc.). (14) To properly perfect a security interest, this UCC-1 must be filed with the Secretary of State, Uniform Commercial Code Division, P.O. Box 1738, Sacramento, CA 95808, unless it is a "fixture filing"pursuant to UCC section 9313. Any Financing Statement covering fixtures must include a statement that it is a fixture filing to be recorded in the real estate records, a description of real property in Orange County and, if the debtor does not own the real property, the name of the owner. We have received your check without a document or letter of instruction.We are unable to determine the intent of the fees. (16) The correct fee is $ . If an attachment is added to the document, the fee will increase as stated on the attached fee schedule. (17) OTHER: 'Z,%gz'L ,y-_ _kimke�x�a71��15 _•3s5 foci Qx�w „A�]��_ es ►�. THANK YOU FOR YOUR COOPERATION GARY L. GRANVILLE, COUNTY CLERK-RECORDER Please return to: BY Phyllis Johnson . Clerk-Recorder P.O. Box 238 Deputy Recorder Santa Ana, CA 92702-0238 .o F0662.105(R10M) (714) 834-2887 RECORDED BY- City of Huntington Beach WHEN RECORDED, RETURN TO: City of Huntington Beach 2000 Main Street Huntington Beach CA 9264R kba-kim: Omie BroJsay, Cti:y Cle& '1Exempt recording requested per Gov.Code 6103 Jr iL f qr, # to (Space above line for'Recordtfi u%e only) Facility: Ocean View Channel Facility No.: C06 Parcel No.: 350 Thir, document Is solely for the i .. Ws of gTZ.. Cii.� J.J EASEMENT DEED AND AGREEMENT rz,;.S 03 L-�� nrnznt Code and should be recorded free of charge. For valuable consideration, receipt of which is hereby acknowledged, the ORANGE COUNTY FLOOD CONTROL DISTRICT, \a body corporate and politic, Tar-Exe;npt-GovernmentAgenki hereinafter referred to as "DISTRICT". CITY OF HUNT INGTON BEAC ki CCra)a 8ro.icvey,Ctl Clerk does hereby Grant to the Blf: CITY OF HUNTINGTON BEACH, p�Y City ark a municipal corporation of the State of California, hereinafter referred to as "CITY" an easement for public street and highway purposes, in, on, over and across the real property in the City of Huntington Beach, County of Orange, State of California, described as: As more particularly described in EXHIBIT A,attached hereto and by this reference made a part hereof. EXHIBIT B attached for information only. CITY hereby acknowledges that the rights of DISTRICT, in and to the area described herein above, are prior to and superior to the rights granted herein, and CITY agrees�to submit plans and obtain approval from the Director of the Orange County Public Facilities and Resources Department, or her designee, prior to the construction or reconstruction or alteration of any improvement within said area. CITY, by acceptance of this deed, further agrees. 1. To indemnify, defend with counsel acceptable to DISTRICT, and hold harmless DISTRICT, the County of Orange and their elected and appointed officials ,officers, agents,employees and licensees harmless from any loss, claim, or damage of any kind or nature, including but not limited to, damage to any property, or injury or death of any person whomsoever, proximately -1- REQUEST FOR COUNCIL ACTION MEETING DATE: November 15,;1999 DEPARTMENT ID NUMBER:PW 99-112 The acceptance and recordation of the "Easement Deed and Agreement" will absolve the right-of-way issue that has existed for several years. 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 . - NumberDescription 1 Location Map 2 "Easement Deed and Agreement" RCA Author: Bruce Crosby:jm 36431 Easement from OCFCD RCA -3. 11/04/99 7:44 AM r �ONFORMED COPY at Compared with Oripinal Recorded in the County of orange, California Gary L Granville. Clerk/Recorder RECORDED BY: City of Huntington Beach � � � llli{�� No Fee WHEN RECORDED,RETURN TO_ 20000041741 3,55PM V/24/aa City of Huntington Beach I 004 00050619 107 23 2000 Main Street 245 08 0 0-00 0.00 0.00 0.00 0-00 0.00 Huntington Beach CA 926-19 0.00 0.00 245 003 Doc Types Atarttirn: CYrrde Y, C~.`_y C.esdc Exempt recording requested per Gov.Code 6103 y Ct a �iC, # (Space atKt%e hrtc for Recorders use only) �! 70 Facility: Ocean View Channel J1 r Facilit y.-No.: ._C06-. _ l h G/�e.�-� Parcel No.: 350 t7/Q 16/rJ a.L �-2, This; document is solely for the business off!-I:: CIL'y tom.,,.,.-• .':C;^:' :: EASEylENT DEED AND AGREEMENT^ c;. �,C3 C::,l���;?Bile: Code and should be recorded free of charge. For valuable consideration, receipt of which is hereby acknowledged, the ORANGE COUNTY FLOOD CONTROL DISTRICT, a body corporate and politic, Tax-Exempt-CovernmentAg©nCy hereinafter referred to as "DISTRICT", CII-yOF HUNT;NGTOI`! SEA C Cor:Na 6r..knv y.Cli Clerk does hereby Grant to the loll; CITY OF HUNTINGTON BEACH, putt'Clty cle a municipal corporation of the State of California, hereinafter referred to as "CITY" an easement for public street and highway purposes, in, on, over and across the-real property in the City of Huntington Beach, County- of Orange, State of California, described as: As more particularly described in EXHIBIT A, attached hereto and by this reference made a part hereof. EXHIBIT B attached for information only. CITY hereby acknowledges that the rights of DISTRICT, in and to the area described herein above, are prior to and superior to the rights granted herein, and CITY agrees to submit plans and obtain approval from the Director of the Orange County Public Facilities and Resources Department, or her designee, prior to the construction or reconstruction.or alteration of any improvement within said area. CITY, by acceptance of this deed, further agrees: 1. To indemnify, defend with counsel acceptable to DISTRICT, and hold harmless DISTRICT, the County of Orange and their elected and appointed officials ,officers, agents, employees and licensees harmless from any loss, claim, or damage of any kind or nature, including but not limited to, damage to any property, or injury or death of any person whomsoever, proximately -I- caused in whole or in part by negligence of CITY or its employees or agents, or licensees with respect to the CITY's or its employees,agents or licensees use of the easement area or by any act or omission for which CITY or its employees, or agents or licensees are liable in the exercise of the rights herein granted; 2. To maintain CITY's improvements including landscaping and trees within the easement area; 3. To remove and to replace, or to pay, DISTRICT for cost to remove and replace CITY's improvements in the event DISTRICT needs to repair, construct, reconstruct, improve or enlarge flood control improvements. DISTRICT's only responsibility shall be to restore any section of the flood control facility affected to the same load specifications as originally constructed and to backfill with compacted earth to the grade of the surrounding property following completion of DISTRICT's activity. 4—This grant is subject to existing contracts, leases, licenses, easements, encumbrances. and claims which may affect the casement area and the use of the word "grant" herein shall not be construed as a covenant against the existence of any thereof. Furthermore, nothing contained herein, or in any document related hereto, shall be construed to imply the conveyance to CITY of rights in the property which exceed those owned by the DISTRICT, or any representation or warranty, either express or implied, relating to the nature or condition of the property or DISTRICT'S interest therein. DISTRICT agrees: 1. To indemnify, defend with counsel acceptable to CITY, and to hold CITY, its elected and •appointed officials, officers, agents, employees and licensees harmless from any loss, claim, or damage of any kind or nature, including but not limited to, damage to any property, or injury or death of any person whomsoever, proximately caused in whole or in part by negligence of DISTRICT or its elected and appointed officials, officers, agents, employees or licensees with respect to DISTRICT's concurrent use of the easement area. Should CITY, its successors or assigns, at any time abandon the use of said property or any part thereof, or fail at any time to use the same for the purpose contemplated herein for a continuous period of (1) year, the rights hereby granted shall cease to the extent of the use so abandoned or discontinued and DISTRICT shall at once have the right to resume exclusive possession of the property or the part thereof the use of which is so discontinued or abandoned. If any term, covenant, condition or provision of this Easement Deed and Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby. -2- f ORANGE COUNTY FLOOD CONTROL DISTRICT, a body- corporate and politic Dated: By: czit/' V _ Chairman of the Board of Supervisors Approved as to form SIGNED AND CERTIFIED THAT A COPY OF Laurence M. Watson, THIS DOCUMENT HAS BEEN DELIVERED County Counsel TO THE CHAIRMAN OF THE BOARD. Deputy J Darlene J. Bloom Clerk of the Board of Supervisors Date: ei �j of Orange County, California State of California } ss. County of Orange } On ,19 before me, a Notary Public, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. 451e� 41 --��ZE WITNESS m y hand and official seal. S� �f��/1dLv�etcl �y�a� ATTEST: Signature of the Notary By City Clerk By. ...---Mayor-- 5 TO ?L 14. By:! C= t; Attorne;, �7 -3- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT - State of California County of orange SS. On 9/28/99 , before me, Alice Jean Darrow, Notary Public _ this Oar Nam&V rye•a Oftw(e.g..'ja-w ooa.Horn pta cl personalty appeared Susan Novak Pow 8)d 5q+Ma1% A x personally known to me Proved to me on the basis of satisfactory evidence to be the person(a) whose .named) isorm subscribed to the within instrument and acknowledged to me that kWshe/AMV.executed the same in 1Wher/IhW authorized capacity(IM), and that by NWherhium signature(s) on the instrument the person(s), or •'""y AE.ICE JEAN DARR04V the entity upon behatf of which the person(x) r COMM. #1168018 acted, executed the instrument. NOTARY PUBUDCALIFOf IA ORANGE COUNTY My Comm.Exp.Jan.08,2= WITNESS my hand and official seal. Q1, hG Place Nara 3w aeow +a Notary PUM Title of Type of Document Easement Deed S Agreement - Orange County Flood Control District to the City of Huntington Beach-Ocean View Channel THIS CERTIFICATE Numbaof pma: 3, plus exhibits A 6 B MUST BE ATTACHED Capac4ofSipw Assistant Clerk of the Board _ of Supervisors TO THE DOCUMENT DESCRIBED AT RIGHT SiVw Reprewnts: County of Orange Simi)Odw Thar►Named Above: ------------- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 0 b State of County of On or-a H . -21 42000beforeme, J612 bill f Name aM T.11e Ct On- r re g.'Jane o1 ry PLblt) personally appeared DQ.✓!;:f,- � alD 4",e B�C�Cl�Q1� N -ne(s)Of$Snerls) vv impersonally known to me-OR-,J proved to me on the basis of satisfactory evidence to be the perso( ?� h whose named- are ubscribed to the vithin instrument r�S and acknowledged to me that they xecuted the Z; same in h their uthorized capacity s and that by rs. their ignature®on the instrument the persoCk r or the entity upon behalf of which the persorO acted, executed the instrument. EUZAH H EHRI'%G _ Commission n r 150C2) WITNESS my hand and official seal_ z � No'a y PUJuc-Corfom+0 • Ih orange County l(� My Comm-bgJresA g29.?Df?t S gnature 'ay PIDrC OPTIONAL �y + Though the informatron below is not required by law, it may prove valuable to persons relying on the document and could prevent 'S rhh fraudulent removal and reattachment of thiS form to another document. Description of Attachedoc mens..l�� b r ( Title or Type of Document: 444P_yN-C Document Date: Number of Pages: exA&kto, P. Signer's) Other Than Named Above: Nr� Capacity(ies) Claimed by Signets Signer's Name: .im✓LG6 Signer's Name: b" ❑ Individual ❑ Individual CK Corporate Officer -Y Corporate Office Title( Title(�J_ --[.R•I'' f7 Partner—I f Limited Ij deneral ❑ Partner—I.i Limited ❑General C Attorney-in-Fact C Attorney-in-Fact ?� L, Trustee _ Trustee hh 0 Guardian or Conservator a '. 7 Guardian or Conservator 2; r Other: i_ of lr,L-,o here ' ❑ Other: o or tr,cnb sere Signer Is Representing: Signer Is Representing: C 1995 National Notary ASSO"tron•8236 Rommel Ave,P o Hi.i 7164•Canoga Part.CA 91309-7164 Prod No 5907 ROCrder Car TO:I-Frpe 1.800-876-6827 EXHIBIT A FOR EASEMENT DEED BY THE ORANGE COUNTY FLOOD CONTROL DISTRICT TO THE CITY OF HUNTINGTON BEACH AN EASEMENT FOR STREET AND HIGHWAY AND PUBLIC UTILITY PURPOSES IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA. OVER, UNDER AND ACROSS THE FOLLOWING DESCRIBED PARCEL OF LAND: THAT PORTION OF SOUTHEAST ONE-QUARTER OF SECTION 24, TOWNSHIP 5 SOUTH, RANGE 11 WEST AS SHOWN ON A MAP FILED IN BOOK 51. PAGE 13 OF MISCELLANEOUS.MAPS, BOUNDED -NORTHERLY BY THE--NORTHERLY LINE OF THAT CERTAIN PARCEL OF- LAND DESCRIBED IN A DOCUMENT JO.THE_ORANGE_COUNITY ` FLOOD CONTROL DISTRICT RECORDED JANUARY 28. 1963 IN BOOK 6409. PAGE 684, OFFICIAL RECORDS, BOUNDED WESTERLY BY THE EASTERLY LINE OF THAT CERTAIN EASEMENT DESCRIBED IN A DOCUMENT TO RIVER MEADOWS APARTMENTS RECORDED JANUARY 15, 1988 AS INSTRUMENT NO. 88-022135. OFFICIAL RECORDS, BOUNDED SOUTHERLY BY THE SOUTHERLY LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN A DOCUMENT TO THE ORANGE COUNTY FLOOD CONTROL DISTRICT RECORDED NOVEMBER 16, 1962 IN BOOK 6325, PAGE 906. OFFICIAL RECORDS AND BOUNDED EASTERLY BY THE EAST LINE OF SAID SECTION 24 AS SHOWN ON PARCEL MAP NO. 84-1204 FILED IN BOOK 198, PAGES 48 TO 50, INCLUSIVE, OF PARCEL MAPS, ALL RECORDS OF ORANGE COUNTY, CALIFORNIA. CONTAINING 3880 SQUARE FEET, MORE OR LESS. AS SHOWN ON EXHIBIT B, ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. �,O LAND SvaL` Gnu.., GORDON D. EDWARDS, PLS 6678 LS.WS EXPIRES 6-30-2000 MARCH 3, 1999 R LC-'FCALlf JN 97.898 EXHIBI T -w SHEET 1 OF 1 SHEET FOR EASEMENT DEED J 8Y 7NE ORANGE COUNTY FLOOD CONTROL D157RICT TO THE CITY OF HUNnNGWN BEACH )� ►v G N h ►�v w EAST LINE SECTION 24 W R I I W N L Y LINE OF 64091684 O.R. EASEMENT FOR STREET N8932;38'W 420.77" �" 61.40 AND HIGHWAY PURPOSES o N89:Y2'J8'W 6,091684 O.R. tL Y LINE OF 88-022135 O.R. y 6325/906 O.R. 5798 589;J2`J8'E Q S Y LINE OF 6325/906 O.R. h Q VARIES $OgLE 1=50' �plAND �g 4 r�r3�'�L v LS.eve C)F Cam.. Q PRfP IINDER M RE GORDON A EDWARDS PLS 6678 DA 1E REy J-- ,fig 'I momDMc Engineering STREET AND HIClWAY EAS>=]I/ENT KNPAM Civil . Stu-rernt . Pl'a=1 l8 TechnoIogy Drive, Suite 100 Irvine. CA 92618 PORTION OF SECTION 24 T,5SR11 W M.M. 51173 DA 1E 6-22-98 949-753-9393 141 FAX 949-75 s'c Uc+o7.xaastasar6MMt Doc aTY of NUNT1NGmy BEACH jv 96-698 caused in whole or in part by negligence of CITY or its employees or agents, or licensees with respect to the CITY's or its employees, agents or licensees use of the easement area or by any act or omission for which CITY or its employees, or agents or licensees are liable in the exercise of the rights herein granted; 2. To maintain CITY's improvements including landscaping and trees within the easement area, 3. To remove and to replace, or to pay, DISTRICT for cost to remove and replace CITY's improvements in the event DISTRICT needs to repair, construct, reconstruct, improve or enlarge flood control improvements. DISTRICT's only responsibility shall be to restore any section of the flood control facility affected to the same load specifications as originally constructed and to backfill with compacted earth to the grade of the surrounding property following, completion of DISTRICT's activity. 4. This grant is'subject to e.r-isting contracts, leases, licenses, easements, encumbrances, and claims 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. Furthermore, nothing contained herein, or in any document related hereto, shall be construed to imply the conveyance to CITY of rights in the property which exceed hose owned by the DISTRICT, or any representation or warranty, either express or implied, relating to the nature or condition of the property or DISTRICT'S interest therein. DISTRICT agrees: I. To indemnify, defend with counsel acceptable to CITY, and to hold CITY, its elected and appointed officials, officers, agents, employees and licensees harmless from any loss, claim, or damage of any kind or nature, including but not limited to, damage to any property, or injury or death of any person whomsoever, proximately caused in whole or in part by negligence of DISTRICT or its elected and appointed officials, officers, agents, employees or licensees with respect to DISTRICT's concurrent use of the easement area. Should CITY, its successors or assigns, at any time abandon the use of said property or any part thereof, or fail at any time to use the same for the purpose contemplated herein for a continuous period of (l) year, the rights hereby granted shall cease to the extent of the use so abandoned or discontinued and DISTRICT shall at once have the right to resume exclusive possession of the property or the part thereof the use of which is so discontinued or abandoned. If anv term, covenant, condition or provision of this Easement Deed and Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby. ORANGE COUNTY FLOOD CONTROL DISTRICT, a body corporate and politic Dated: el 9 By: U Chairman of the Board of Supervisors Approved as form SIGNED AND CERTIFIED THAT A COPY OF Laurence M. Watson, THIS DOCUMENT HAS BEEN DELIVERED County Counsel TO THE CHAIRMAN OF THE BOARD. By lam �Aflgk Jl� Deputy Ud Bloom Clerk of the Board of Supervisors Date: i �! of Orange County, California State of California ) ss. County of Orange ) On ,19_before me, a Notary Public, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be`the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the - instrument. �u dt. a WITNESS my hand and official seal. ATTEST: Signature of the Notary y By d7l, G ` By \ City Clerk - /_ Mayor rjjOVED AS TO FORM:: GAIL I1U TON,, City^Attorney By L, Deputy C ty-Attorney, -3- \�� CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California SS. County of orange _ _ On 9/28/99 , before me, Alice can Darrow, Notary oar Nam•ud rem of oftV(•Q.-ism ooa.mood R,eic'1 1 personally appeared susan Novak Narna(q ae Sgr+aRa1 S personally known to me r proved to me on the basis of satisfactory evidence to be the person(s) whose name%) isAmn subscribed to the within instrument and acknowledged to me tttat 1wsheweV.executed the same in XWher/V%& authorized capacity(W), and that by hWherffitm signature(a)on the instrument the person(h), or •'"°"y, AXE JEAN DARROW the entity upon behalf of which the personCs) r a = COMM.#1168018 acted, executed the instrument. WTARY PUBUC-CAUFORNIA ORJWGEOOUNW\ WITNESS m My Comm Eat.Jan.08,2W2+ y hand and official seal. Qx_ A&caw�j Pyp NorrY Soo MO» S W—"at No"Pt ft Title of Type of Document Easement Deed & Agreement_ - Orange County Flood Control District to the City of Huntington Beach-Ocean View Channel _ THIS CERTIFICATE Number of Pqa: 3, p lu;\xhib its A & B MUST HE ATTACHED Cgmj*y0fSiper Assistant Clerk of the Board of Supervisors TO THE DOCUMENT DESCRIBED AT RIGHT sipper Represents: Count of Orana.L SiVwr(s)Other Then NueC Abrne- -------------\ EXHIBIT A FOR EASEMENT DEED BY THE ORANGE COUNTY FLOOD CONTROL DISTRICT TO THE CITY OF HUNTINGTON BEACH AN EASEMENT FOR STREET AND HIGHWAY AND PUBLIC UTILITY PURPOSES IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, OVER. UNDER'AND ACROSS THE FOLLOWING DESCRIBED PARCEL OF LAND: THAT PORTION OF SOUTHEAST ONE-QUARTER OF SECTION 24, TOWNSHIP 5 SOUTH, RANGE 11 \WEST AS SHOWN ON A MAP FILED IN BOOK 51, PAGE 13 OF MISCELLANEOUS MAPS, BOUNDED NORTHERLY BY THE NORTHERLY LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN A DOCUMENT TO THE ORANGE COUNTY FLOOD CONTROLPSTRICT RECORDED JANUARY 28, 1963 IN BOOK 6409, PAGE 684, OFFICIAL RECORDS, BOUNDED WESTERLY BY THE EASTERLY LINE OF THAT CERTAIN EASEMENT DESCRIBED IN A DOCUMENT TO RIVER MEADOWS APARTMENTS RECORDED JANUARY,,15, 1988 AS INSTRUMENT NO. 8 8-022 1 3 5, OFFICIAL RECORDS. BOUNDED SOUTHERLY`BY THE SOUTHERLY LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN A DOCUMENT TO THE ORANGE COUNTY FLOOD CONTROL DISTRICT RECORDED NOVEMBER 16, 1962 IN BOOK 6325, PAGE 906. OFFICIAL RECORDS AND BOUNDED EASTERLY BY THE EAST LINE OF SAID SECTION 24 AS SHOWN ON PARCEL MAP NO. 84-1204 FILED IN BOOK 198. PAGES 48 TO 50, INCLUSIVE, OF PARCEL MAPS, ALL RECORDS OF ORANGE COUNTY, CALIFORNIA. CONTAINING 3880 SQUARE FEET%MORE OR LESS. AS SHOWN ON EXHIBIT B, ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. N 5 GORDON D. EDWARDS, PLS 6678 LS.6678 EXPIRES 6-30-2000 MARCH 3, 1999 s?4`OFC,%L* JN 97-896 t SHEET 1. OF 1 SHEET EXHIBI T OB FOR EASEMENT DEED BY THE ORANGE COUNTY fL000 CONTROL DISTRICT TO THE CITY OF HUNANGTON BEACH -°Ash N o � N w - o _ EAST UNE SEC77ON24 T5S,R11W E�till M.-1111n-r 9 f-1 \ o NI Y LINE OF 64091684 OR EASEMENT FOR STREET NMJ238'W 420.77' 4R \ 140 AND HIGHWAY PURPOSES 6409/684 O.R. :32:38W h E'LY LINE OF 88-02205 OR6325/906 57.98A9\r�'T��' 6�� c -Oa�A :32:T8'E Q S'LY LINE OF 6JF25/906 O.R. Q VARIES SCALE 1==50' r A �- sd •.� 5tio tAND SVo� D. W •-s12 * EV.6,3a2000 } r OF CuK�%fir .e PREP MOD?NY RE N s e�-� 3 3 3 0 IrOR m D. fmas Rs 6678 DATE REV £XPMRM 4M JO. TOW &YAM REV Engineering. SMEET AND H168WAY EAS Y5VT Civil . Surveyme . PI anamg 18 Tech CA 92618 Drive, St � 100 POR77ON OF SEC770N 24 7=R11W M.At. 51113 DATE 6 22-s 949-753-9393 FAX 949-753-9322 pTY A�'HUN17NG7CW BEACH JV 0-698 Y C 4ACADl X�St698J�648f2tlJ�MC CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK DEED CERTIFICATION CITY OF HUNTItiGTON BEACH This is to cerfifi�that the interest in real property conveyed by the Deed dated September 21, 1999, from Orange County Flood Control District to the CITY OF HUNTINGTON BEACH is hereby accepted by the undersigned officer or agent on behalf of the City Council of the Cit}'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. December 13, 1999 CITY OF HUNTINGTON BEACH CONNIE BROCKWAY, CMC CITY CLERK By JaAeoc Cas: utv g xfolloA-up'ZeedceMfdeed 5702/State (Telephone:714-536-5227) CLERK-RECOPH-R iL : 714-834-2675 J* 1 '00 15 :36 No .005 P .01i02 GARY t.GRANVILLE . r w'r`/ ^F COUYTY CLERK aGCCRCER V i r T V rL4EP-ONE I7'141 S]4.2213 ? ' 330% 940A�-waY s 3 RANGE pa SOX23. jAN-A A.NA CA 92 7�i2 QFFICF O■ TMQ COUKTY CLERK•AECOAOEft COUNTY CLERK-RECORDER'S DEPARTMENT FAX MESSAGE TO: ! FAX Y -1 TITLl1':xDDRESS. DATE: A'J, �a FROM: Q SUBJECT: Total pages including cover sheet: , Urgent YES NO Confidential YES NO MESSAGE: If you didn't reccive all the pages indicated on the cover sheet,please call(714) 834-224$_ if you wish to respond by fax,the fax number is(7I4) 834-2675 -.FO182.133 ' CLERK-RECORDER �EL : 714-834-2675 3a�1 '00 15 : 36. No .005 F U1'u% 1 w�� ver "t4ow `\-)� IOU `"Z- Sent bar: PFRO REAL PROPERTY • 714 8345791 ; 01 .04! 5:07PM;fel& #983;Page 1 !B 0 F �7 x c� F MjSJILE TRANSMITTAL COLTER LETTER PUBLIC FACILITIE:L AND R SOURCES DEPARTME-NTT REAL PROPERTY - R.O.W. PROCESSING ' 300 N. Flower SL., S:1fth FI002- Sants Ail"), CA. 927C3-5900 Please M'ver the follo-a--Ile Firag, s to NayIE coNN{ nt.doKc, A% ................ LOCATION GrTr...CrR !- -rY..._.Q _.f#►�FrT{Hfni��l r ,gc - FAC,qItiIILE PHONE NU DER37d.;115`7 - FFOi�� . LOR�Nzo A , MA6A4Z JA LOCATION - ----------------- ...................... ---------- ..._.....----............. . PROJECTNO. : ........................................................................ ------ TOTAL NUINM//ER OF PAGES __... ?....... (+) THIS COVER LETTER DATE /00................ T_ME -- �r aI a -%1 a1 t► ar ai V ar v 4k P i i� i7 i' ►• �, ii• r- `ice iC� i i if r a NOTES SA M PLa..... REro(Lv69 EA S�EME)._0�q..._.... Ago c......IFS�• . If you do not receive &L the Pages, please call back as socn as possible Phone Number . (714) 83T— 2.4-193 Facsimile Phone Number : (71Z) 834-5791 . Sent by: PFRO REAL PROPERTY 714 8345791 ; 01 /04/ 5:07PM;]e[ x g983;Page 2!8 PLEASE COME TM INFoRuAT*N Recordad in ttw CC.nty Of Oratl%p. California Car L Dranvi!!9. C1?rk/Rej,.Ordor RECOMOM PjE=r,2jEp Xy1 46,09 soutrlem{alifocnia f�i M?0018865 9$:45M D1f14197 ee3 240.04246 24 12 Eel 7 7-00 19-90 O.ee e.9e 9.00 21 .00 AND Moot Mmofu)w AWt,TQ: Fc2&- fast>,ia �ii�rn 1 1 i c i F 7 M 6 FdAI Rtq]3ties S Ad SEt -cs, rt to +►r [w[ s�tsr p ts+ ua rw +u ra rCOR OEM iip--to M abu-ea. 3 A'rF?nr irn S�ar17e cb r± FajlQll ■7r if nl 01.0- ItuS lax pa ptlip SPACE ABOVE FOR RECORDFR-s USE OK.Y tease,TVnt OPed and AlreeMnt �n TM*of boaurrmt �t POW PAIA :l : VIP w R 0 PA4 r° r t, v t D N L r'1 . _ THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR REC0px4mQ IMFOfwlATjO" ($3.00 AddMenat Racuedng fw Appiks) Sent by: PFRD REAL PROPERTY 714 8345791 ; 01I04ie 5:07MA;jfffax #983;Page 318 0 Facility- A:.LSo CREEK CFdAMTEL Facility No. : J01 Parcel Vo. : 1901.01 :.oeation: Unincorporated Arta 4 5 Z5 0 3 9 (Portola Parkway) ��� �EliD�1lla ACREIL>I�'r This easemAint Deed and Agreement is wade this day Or 1FF 1996, by and between the ORANOX COONTT rLOOD COta'TROL DISTRICT. a body corporate &Ad politic, hereinafter referred co as 'GRANTOR", and 907CR= CALIroRHIA RDIaom COXPANY, a corporation, hereinafter referred to as 7gRANTEB'. For a valuable consideration, receipt of which is hereby aeknowl*dged. OPUMNTOR hereby grants to GRA::'1i'EE, its successors and asoigno, an underground (7,11 eaaerbant and right-of-way to constrtact, lay, i:ecall, use, maintain, alter, add to, repair. replace, reconstruct. enlarge. inspect andlor remove, at any time and from Lime-to-time, underground electrical lines and cor=ranicati.on linec,consisting of wires, cables, conduits, manholes, vaults, pull boxe9, markers, and other fixtures and appl!"ces, Ifor conveying electrical energy to be used for light, heist power, telephone, and/or other related uses, in, on, under, and throuah that certain real properly (hereinafter referred to as "Easement Aron") dosCribed in "Exhibit A" and shown or. - xhibit V. attached hereto and by this reference made a part :hereof. it is understood and agreed by the parties hereto and their successors and assigns, that said easement and right-of-way herein granted shall be subject to the following terms and conditions: I. CON-STRUCTKOH AND X&I"ma $ GRANTEE shall have its initial construction plans approved in writing by the Director of the Orange county Environmental Maragement Agen-"y or his designee (herein referred to as "Director") prior-to commencement of any work; and upon completion of any work, GRANTEE shall immediately notify Director of such coxvlet ion.. should it be necessary for GRANTEE to diaturh the surface of the F_a9ement Area subsequent to the completion of the initial installation of necessary facilitiea, GRANTES agrees to loti!y Director in advance of the location and extent of such work. and to obtain Director'a connerit prior to commencement thereof- Said consent shall not be withheld capriciously oz ur.rea$vn4bI?, nor shall said consent be necessary in an emergency sit,-iation. RL'-.411-1 1- Sera by: PFRD REAL PROPERTY 714 8345791 ; 01 !041 5:07PM;)tfFax #983;Page 418 ! GRANTEE, 41u9 its respective contractors, agents, and eaploynes. shall have the right to cut such roots as may endanger or interfere with said underground facileties and shall have tree {reasonable) access to the Easement Area and every part thereof, at all times, for the purpoee Of exercising the rights herein granted, provided, however, that any excavation ShAl1 be made in such a manner as w).11 cause the least injury to the st;rface cf the cgroL4d around s.Lch excavation and that the earth so removed shall be replaced and the surface of the ground zestored to as near the same cordition as it was prior to such excavation as is pose-ble Z. trPqgMw or SSRvXC 9ur5uant to GRANTOR's Agreernzr_ No D50-35 with G"14TEP, CRANTEE agrees chat the service provided by the pole line as relocated pursuant to said agreement into the Easement Area, shall not be upgraded in the future without prior written consent by ORANToR which cannot be unreasonably withhold. 3. V-MOVAi. AM/OR_AaANA MouT_ GRXVTES acrees that is the event the serv=co for which said facilities were constructed is ordered discontinued and GRANTSB is not required by law, rule, or regulation of any governmental authority to furnish said service, GRANTEE, at Director's reriest, and at no =ost to GRANTOR, shall reprove and/or abandon in whole or in part any portion of said facilitie_ owned, operated, and maintained by OP-A'vTE9, within sixty 11E01 days after receipt of :r:itten notice from Director to renove andlor abandon. In the event of such removal and/or ab"on=ent, GRANTEE shall quitclaim all rights acquired under this document. GPUMTBE agrees th:a: in the event said facilities, shall at 4Ay time interfere with the use, repair, or improvement of GRANTOR's property, GR7A7:S8 shall, within sixty (601 days of written notice from the Director, relocate said facilities to a site designated by Director, provided that the CRAFTOR shall fully reimburse the GRANTEE for such cost of relocaLaon and shall furnish the GRANTEE with a good and sufficient easement for facilities in such new location. ORAN'TEE agrees that it shall auitClaim all rights acquired under this document upon replacement of the easement at no cost to CRANTEE. GX4NTBE further agrees that the provision of this section shall continue to apply in the event there is a change of ownership and U AFrOR'S successor reque9ts GRANTEE to relocate said facilities, so long as GRANTOR's successor proviaes GMXTEE with a good and sufficient easement at suca new location at no cost to GRANTEE. RLL�4�2"s -2- Sent by: PFRD REAL PROPERTY 714 834579' ; 01 ;04 0 5:OBPM;]gL& #983;Page 5/8 S. D os The tern 'GRANTOR" shall mean Lye Hoard of Supervisors of the political pody 1 which executed chi5 dOCUMezt. or ite authorized representative. 6. 8XCIPTION AND KRVATION9 EXCEPTING AN.) R$SERVING unto GRANTOR, its succesaors and assigns, ouch surface rights as will not interfere with or prohibit the complete use by GRANTEE. its successors and assigns, of the rsghte and easement herein granted, provided GRA%trOR may not place or permit any building on the easement area or otherwise interfere with the full enjoyment by GRANTEE of the easement hereby granted. T in Grant is subject to existing contracts, leasea, licensee, aasamerte. enc=brances, and Claims which may affect the Easemanc Area and the use of the word "Grant' herein shall not be construed as a covenant against the existence of any thereof. J. a RLL:4413 "�' Sent b;c: PFRO REAL PROPERTY 714 8345791 ; 01 :04/Io5:08PFA;Jetfa2 p983;Paae 6/8 DRAtl� T U l~Y 7L00 C L A ICi ,V� Bated:— .,: VW,V Chairlr f ics Board of Supervisors SIGNED AND CERTIFIED THAT A COPY OF THIS D0r-'t ..ENT HAS BEEN DELIVEReD TO THE CHAIRMAN OF THE BOARS? Darlene J. Bloom, Clerk of the Hoard of supervisors of Orange County Flood Control District State of C ifornia } v s. Co=ty of 1 ` - p on LH .=9QtC befo me, L rnOt' peraoaAlly Appeared ✓peraonally known to me -OR- _ proved to me on the basic of satista.ctory evidence to be the peroon[s) whose name(c) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(iea) , and that by hiy/her/their sigr_ature :s) on the instrument the person Is) . cr the entity upon. behalf of which the person(*) acted, executed the instrument. Witness my hard and of:icia: seal. DALE G. IIAAFI Signature of the Nottx COW.614L7531 6%km s+sh'ukk-Calilamla 0 ORANGE CoLwry 06".lip.1M»is.1 me RLL:4413 -S. Sent .by: PFRD REAL PROPERTY 714 8345791 ; 01104 5:08PM;]et�#983;Page 718 ROBERT REIN, WILLIA,M FROST S ASSOCIATES 14725 Alton Parkway Irvine, California 9271? October 17, I991 JN 24447-5.L8 Pace I of LEGAL DESCRIPTION POKER POLE EASEMENT WITHIN 7HE ORANGE COUNTY FLOOD CONTROL DISTRICT PROPERTY That certzin parcel o; land situated. in the unincorporated terr-tory of the County of Orange, State of California, being that Portion of Lot 5 cf the Rancho Canada de Los Alisos as shown or, a map filed in Soak 3, Pages 290 and 291 of Miscellaneous Records in the Office of the County Recorder of Los Angeles County, California, included within a strip of land 25.00 Feet wide, tee centerline of which is described as follows. COMMENCIN3 at the most easterly corner of Parcel 2 as shown on a reap filed in Book 141 , Pages 3 through 5 of Parcel Maas 'n the Office cf the County Recorder of said Orange County; thence along the saurh easterly line of said parcel South 37'31'49" West 40.39 feet and South 31'08'32" West 243.97 feet to the TRUE `. POINT OF BEGINNING; thence South l2'04'00" East 203. 44 feet to the southeasterly line of Parcel 2 as described �r. a Grant Deeo to Orange County 'Flood Control District recorded .November 1, 1972 in 3ook 10406, Page 539 of Official Reccrds in sa;d Office o< <he Crange County Recorder-, Said strio of land shall be lengthened or shortened sc is to terminate northwesterly in laic southeasterly line of Parcel 2 of said Parcel ;lap and southeasterly in said southeasterly line of Parcel 2 of said lard of the Orange County Flacd Control District. SUBJECT TO all Ccvenants, Rights, Rights-of-Way and Easements of Record. c y R4h-Q�'p es R. Craw1ord, L E.tt.r2-ai43 CA Lifer EXHIBIT A r Sent by: PFRO REAL PROPERTY 714 8345791 ; 011'04,0 5:08PM;JetFax #983;Page 8/8 � 11� I I 4 w Ck- I � 1 1 0 1 r LpU,2 r 5� ,��'��•it , 6 _ ' I; SrLY LIM DLL 1,0;MAN J531 gi-51• 1 55CCI' — d•1.4G'r0' R.I9+7 r l•StI-17• N�T''.9'll'E t k I l {fit TOQO ROAD Mic a.:d �3�11•I�I _ .c I w r-. . EXHIBIT 11011 FOR INFORMATION ONLY SWC ! of + ;'aUI rA 7�ubdl'ITn�t.�11.�n1`FrLsl ld rf ss�+a�+ •aW,119••a t•i•t1 nt rV•^•I•t I arw�w, GCr11.1551 jNi-.47 FEV1510: A?ftll ca, r9°Z s 00-041 RLS vtUt F J`ir �►;,:;0 , ` ;[:j� C A Assigned to JF 10 � .in��1 I DATE 1/1 1/00 !,: n REQUEST FOR LEGAL SERVICES FOLLOW-UP MEMORANDUM To- C o n n i e Fran. City Attorney Sub ect* Your Request for Legal Services Dale- 1/ 18/00 This vrill acknowledge receipt of your Reques `or Legal Services, outlined below. Cated: 1/ 1 1/00 Tyre of Legal Service Requested- ( ' Ordinance ( ] Insurance ( ] Resolution { ] Bonds ] Con;;ract/ sreemet�t ( ] Opinion Description: how to record easement _.deed and agreement for dedication for street purposes of portion of Magnolia at Ocean View Channel This Request for Legal Services has been assigned to JOHN FUJ I I extension 5623 His/her secretary is Joan N , extension 5 5 4 0 l\otes. !4 2poo- Ca.!!�d John F + P4r, Cis I uas _a4 t� r-) t Ccrrple:ed �d he end q�ve,n 6a;! hfeE*srl Q =memo Y�SFtr + llltoioe; i A rn V 4.r ie �,s is �A a/G Cd E'ifOcrl�lu��.crr.n9 ?—A/o `1h,'s +'s not a ,Stme. + en s rrre,re ,cr, ansr�e.e — a a u � _ Sys - ;6 yo aY -Y;n tln o ,.S i,7 6;o it ,� �5 r 0�7 �- - J. ` f Interdepartmental Communication III NTINCTON BEACH TO: John Fuji, Deputy City Attorney FROM: Connie Brockway City Clerk DATE: January 11, 2000 SUBJECT= Easement Deed and Agreement for the Dedication for Street Purposes of a Portion of Magnolia Street at the Ocean View Channel Attached is the approved RCA and a copy of the Easement Deed and Agreement between the Orange County Flood Control District and the City of Huntington Beach approved by the City Council on November 15, 1999 for execution by the Mayor and City Clerk and recordation thereof 1 am also attaching the rejection of recordation notice from the Orange County Recorder's Office- As you can see on the Recommended Action of the RCA the City Council approved execution by the Mayor and City Clerk, however there are no signature lines on the agreement to do so- I have been informed by the Senior Document Examiner at the County Recorder's Office the document'can be recorded as a deed, but not as an agreement. I am enclosing the name and telephone number of Mr. Lorenzo A Magalona at the County with whom I have spoken as well as a similar copy of an Easement Deed and Agreement between Orange County Flood Control District and Southern California Edison Company that he sent to me that has been recorded I have also attached a communication from Phyllis Johnson, Senior Document Examiner at the County Recorder's that you will need to review prior to making your decision_ Would you please give direction as to how this document should be recorded- AIso, please address the ramifications, if any, of the agreement not being signed by the Mayor and City Clerk on behalf of the City. It is important to the County that this document be recorded as soon as possible_ Please call me at 536-5404- - • • A, CITY OF HUNTINGTON BEACH 'y 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK December 14, 1999 Gary L_ Granville, County Clerk-Recorder P. O. Box 238 Santa Ana, CA 92702 Attention. Ms. Phyllis Johnson, Senior Document Examiner If you find this Easement Deed and Agreement between the Orange County Flood Control District and the City of Huntington Beach in proper form for recordation, please record the Easement Deed and Agreement and return to the Office of the City Clerk, 2000 Main Street, Huntington Beach, CA 92648. My concerns are as follows: Please note that Charles V_ Smith, Chairman of the Board of Supervisors, does not have his signature notarized on the document_ Instead the signer, Susan Novak, who signed for Darlene Bloom has had her signature notarized_ The Clerk of the Board has informed me that this is the procedure the County uses. I would appreciate information from your office as to how recordation of this agreement differs from other agreements which require notarization of the signers authorized to sign on behalf of the corporation. Is there a resolution of the Board of Supervisors authonzing Ms. Bloom and or Ms. Novak to execute corporate documents? If so, a copy that I can attach to this agreement would serve as clarification for the city's agreement file. Connie Brockway, CIVIC City Clerk Enclosures / gAfollowupldeedltr: Gafollowupldccdltr (Tdephane-714-53"2271 ,mod J00/ten RETURN ADDRESS: �.i L%./E DEC Z 9 1999 �-� OF u ►�u��Q+d bzq,,c.r1 fox 1co Regretfully your unrecorded �c �t �� �bP naming t7c Fib -,�)vs7v together with your remittance of$ O , Ck. No. It is being retumed as your document is deficient in the area(s) indicated below: (1) The recorder can find no provision in the law authorizing the recording of the enclosed document(s). (2) Recording cannot be performed in this county. Please forward your document to County Recorder. (3) For proper indexing: a. "Et al" is not acceptable; all parties must be named. b. The name of the company, corporation or partnership must be at the signature point. c. The trustee of a trust must be identified as such. d. The names in the caption, execution and notary acknowledgment must match. e. The caption of the document and signature point need to identify who the custodian/agent represents (4) The Documentary Transfer Tax declaration must be completed to show either the amount of tax due or an acceptable reason for exemption. (See enclosed bulletin.) If there is"No consideration," document must so state. (5) The city where the property is located or"un'ncorporated area," is required on the deed and the tax declaration must indicate how the tax was computed. (6) The preliminary change of ownership report is required. Please complete or correct the areas marked in red. (7) The notary acknowledgment is incomplete (please see red mark) or is on an outdated form. A "General Acknowledgment"form is required. (See enclosed sample.) (8) The notary seal is illegible. You may have the notary restamp the document clearly or you may complete the enclosed certification under the penalty of perjury. Adding the"Penalty of Perjury" statement will increase the fee by$ (9) Portion(s) of the document are illegible (please see red mark). You may execute and submit a new original, or complete the enclosed certification under penalty of perjury. Adding the "Penalty of Perjury"statement will increase the fee by$ (10) The legal descriptionlexhibit has been omitted. All exhibits must be referenced in the body of the document and appropriately labeled. (11) Recording reference (date and document number or book and page) of the prior recorded document is incorrect or was omitted. (12) Abstracts of judgment must contain the address of the judgment creditor(s), the address of the judgment debtor(s) and the address at which the summons was served or mailed. (13) Pursuant to Government Code sections 27288.1 and 27201, all parties whose interest is affected must be named and identified (i.e. owner etc.). (14) To properly perfect a security interest, this UCC-1 must be filed with the Secretary of State, Uniform Commercial Code Division, P.O. Box 1738, Sacramento, CA 95808, unless it is a "fixture filing" pursuant to UCC section 9313. Any Financing Statement covering fixtures must Include a statement that it is a fixture filing to be recorded in the real estate records, a description of real property in Orange County and, if the debtor does not own the real property, - the name of the owner. (15) We have received your check without a document or letter of instruction.We are unable to determine the intent of the fees. (16) The correct fee is $ . If an attachment is added to the document, the fee will increase as stated on the attached fee schedule. (17) OTHER: ID2, - b0m, THANK YOU FOR YOUR COOPERATION GARY L. GRANVILLE, COUNTY CLERK-RECORDER Please return to: BY Phyllis Johnson Clerk-Recorder P.O. Box 238 Deputy Recorder Santa Ana, CA 92702-0238 w F0662405(R10,196) (714) 834-2887 CLERK-RECORDER TEL = 714-834-2675 Jan 11 '00 15 :36 No . 005 P .01i02 r i • GAIN L.GRANVU-LE U NTY O F COUN-Y CL5nK-AFC0ACQ* r's,.E?-CNE 17ea7 S34.224a ? , i70 V BRCAOWA- P O 90Y 239 s 3 RAN C;E BAN-A ANA CA 92772 OFFICE OP THE COUNTY CLERK-ApCOAQEFI COUNTY CLERK-RECORDER'S DEPARTMENT FAX MESSAGE TO: FAX 9 h TITLE.'ADDRESS: DATE: SUBJECT: Total pages including cover sheet: Urgent YES NO f/ Confidential YES NO y MESSAGE: --yr M \Do*, SD Nb to If you didn't receive all the pages indicated on the cover sheet_ please call(714) $34-2248. If you %-.ish to respond by fax,the fax number is(714) 834-2675 .r M1824M CLERK-RECORDER T= : 714-834-2675 Jan '00 15 - 36 No .005 P . 02i02 IV t 1 �b �,L� 1ST �•� }'��rJC ��[+'� ��`► ��� ►1•c l .� T Sent 'by: PFR6 REAL PROPERTY 714 8345791 ; 01 /04!00 07Pb1,)*ffR #983;Page 1 -8 or rJ 2~ .^.. Z F°Ry��- FACSIMTLE TRANSMITTAL COVER LETTER, PUBLIC F'ACI+JTIES AND RESOURXES DEPARTMENT REAIJ PROPERTY -- R.O.W. PROCESSING SOO �- Flov'er St., Sbair: Floor Santa A-na, CA. 92763-S900 E Please dah er the folfownb pages to X;A C°tNNrC Drzook a ........................Y...--- ........... LOCATION FACS5II:.E PHONE XUNLBER :l s� ...... FROM : .---A0.1�t�'=•� A - N-4A(; 41-�A LOCATION .............. . ....---- --------.... .. PROJECTNO. : ......................... ............................. --------------•-------- TOTAL hU BERIl OF PAGES ....... (+) THIS COVER LETTER D3:E ................ T:-NIE . - -- NOTES sAMPL19 P-Cco(ZMSo CAWtltg)•r 0� .114410 ACs1 E r��t�� . 6., 1r$1. 1j"you do not receive the pares, pease tali beck as sot-,. as poss-ble Phone Number (7T.1, 834— 24-127 Facsimile Phone Number : '7L4) 884-57971 Sent by: PFRD REAL PROPERTY 714 8345791 ; 01 /04100 :07PM;jd& g983;Page 218 �. PLEASE COMIPLEM Im woRvArom Recordod in tnQ County of Orango. California 1 llGaril�1allil 46.00 p Ordor L. RFCORJbI2lC3 REQURfiF.n BY: 4fi O$ MINIMS HAM OV14197 SaitXlernC3iiforttia i_qM 885 2409424a 24 12 eat 7 7.04 1a.40 9.80 6.80 Vat 21 ee MM WHEN RJe'1GORM MAIL TO:&' r fern 1 i f 1 2 7 1 I i:_ T 1 Flail Prupertim S Ad $v:C ES K rrt ur sous P%qr pi wr ASO MW ra M rco� i _ At.tcrn i cn_ emu ca= ai i m 5-i -0 sr u srr ut s�uetia: pa aua SPACE AHOW FOR RECORDER-3 v3E pE,Y Died and A reerlent �/} TM* e(DOICUTWrrt T� s ^ �t SFOR `a�� i k E R 0 S!' in ]a k" jaw, m w IM& a u own lw U 0 Ftw- TWS PAGE ADOM TO PROVIOC AMQUATE SPACE FOIL RECORDING INFORMtATION (SX90 Add kxud P4m dnq FN/lppiiea) Sent by: PFRD REAL PROPERTY 714 8345791 ; 01 /04/00t 07PM;j�_#983;Page 3/8 Facility- A_.iSO CREEK CHANNEL Facility No. : J01 Parcel Fo. : :901.01 Location.: Unincorporated Area 455039 (Portola Parkway) R4JJ9tT DEED AND AG22nD Wr This Easement Deed and Agreement :a made this .-�. day of l�st+L 1996, by and between the ORAAgi COUNTY ILOOD CONTROL DISTRICT. a body corporate end politic, hereinafter referred to as "ORAli'TOIt", and 9OUTMMM C]1L170pu IA ZDJ20W COMPAM, a corporation, hereinafter referred to as `QRANTS39. For a valuable consideration, receipt cf which is hereby acknowledged. GRANTOR hereby grants to GRANTEE, its successors and annigna, an underground easement and right-of-way to constrLet, lay, ;natall, use, maintain, alter, add to, repair. replace, reconstruct, enlarge, inspect and/or remove, at any r-imr and from time-to-time, underground electrical _.sea and co=anication lines,consiating of wires, cables, conduits, manholes, vaults, pull boxes, markers, and other fixtures and appliances, for conveying electrical energy to be •ased for light, heat power. telephone, and/or other related uses, in, on, under, and through that certain real property (hereinafter referred to as "Easement Aaea") described in "Exhibit A" and shown on -exhibit 8", attdchdd hereto and by this reference made a pa:= :hereof . it is understood and agread by the parties hereto and their successors and assigns, that said easement and right-of-way herein granted shall be subject to the following terms and conditions: 1. CONSTRUCTION AND mim GP.ANTEE shall have its initial construction plans approved in writing by the Director of the Orange County Environmental Management Agen=-y or his designee (herein referred to as 'Director") prior.to cormnencement of any work; and upon completion of any work, GRANTER shall ir-rnediately notify Director of such conTlet ion.. Should it be necessary for GRANTEE to diatcrb the surface of _ha F-asement Area subsequent to the completion of the initial in3taliation of necessary facilities, GRANTER agrees to :oti_y Director in advance of the location_ and extanc of such work, and to obtaiA Director'o `onaant prior to commencement thereof. Said ceneent shall not be withheld capriciously or i reasonablyrr_ nor �1 shall said consent be necessary in an emergency situation. -1- Sent by: PFRO REAL PROPERTY 714 8345791 ; 01 !04/00 5:07PM;jggA2 #983;Page 4!8 GRANTEE, and its respective contractors, agents. and ecmloyees. shall have the right to cut such roots as may endanger or interfere with said underground facilities and shall have free (reasonable) access to the Easement Area and every part thereof, at all timeu, for the purpose of exercising the rights herein granted, pscvided, however, that any excavation 91411 be rnadv in such a manner an will cause the least injury to the surface cf the ground around Such excavation and that the earth so removed shall be replaced and the surface of the ground restored to ds near the same condition as it was prior to ailrh excavation as is possible 2. trpORADR Or SSRVICs Pursuant to GRAN'TOR's Agreement No D90-35 with GRANTEE, GRANTEE agrewa chat the service provided ry the pole lire as relocated pursuant to said agreement into the Easement Area, shall not be upgraded in the future without prior written consent by GRAN-mR wtiich cannot be unreasonably withheld. 3. Ovl1.i, A" OR ARMPOMUNT GRANTEE agrees that in the event the service for which said facilities Were constructed m5 ordered discontinued and GRANTEE is not required by law, rule, or regulation of any governmental authority to furnish said nervico, GRANTEE. at �1 Director's request, and at no scat to GRANTOR, shall remove and/or abandon in whole or in part any portion of said facilities owned, operated, and maintained by GRANTEE, within sixty (601 days after receipt o! written notice from Director to remove and/oz abandon. In t::e event of such removal and/or abandonment, GRANTEE shall quitclaim all rights acquired under this document. {. j!jaGATrDIi GRANTEE agraos that in the event said facilities shall at any time interfere with the use, repair, or improvement of GRANTOR'S property, GRANTEE shall, w:rhin sixty (60) days of wriGtcri notice from the Director, relocate said facilities to a sine designated by Aire4tor, provided that the GRANTOR ahall fully reimburse the GRANTEE for such coot of relocacion and shall furnish the GRANTEE with a good and sufficient easement for facilities in such new location. GRANTEE agrees that it Chat] quitclaim all rights acquired under this document upon replacement of the easement at no cost to CM-M. GP.AA'TEE further agrees that the provinion of this section shell continue to apply in the event there is a change of Ownership and Q.RAh.OR's successor requests GRANTEE to relocate said facilities, so long as GRAh"TOR's successor provides GRANTEE with a good and sufficient easement at sucz new location at no cost to GRANTE8. R3..L. 4a1� -Z- Sent by: PFRD REAL PROPERTY 714 8345791 ; 01 !04.00408PM;jeL[v #/983;Page 5.8 • 5. PITIM12H OF -gpA The term.. "GRANTOR" shall mean the Hoard of Gupervigory of the polit_cal body which executed this doCumezt. oc its authorized representative. 6. szqFPTI!2U i-I P-"KXVAT oNs EXC13PTING AND RESERVING un-.0 GRANTOR, its successors and arraigns, Duch surface rights as will not interfere With or prohibit the complaZa use by GRANTr6, its successors and asiigris, of the rights and easement herein granted, provided GRANTOR may not place or permit any building on the easement area or otherwise interfere with the full enjoyment by GRANTER of the easement hereby granted. T is Grant is subject to exist,ng contracts, leases, licenses, eaaemerts, encumbrances, and claims which may affect the Easement Area and the use of the word "Grant' herein shall not be construed as a cov4nant against the existence T1 of any thereof. RLL:4413 3 7. Sent by: PFRD REAL PROPERTY (� 714 8345791 ; 01/04/00 08Ph1;jetFax #983;Page 6/8 oRADT LINTY C L A ICT Dated: //'S-9� Hy: -vl�7 Chaim f its Board of Supervisors SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD 9&ilt Ay" Darlene J. Sloom, / +—i Clerk of the board of Supervisors of Orange County Flood Control District State of CaAifornia ) County of on 0 `� ,19q(V befo me,r61-9—L MOL f urn personally appeared , s�nCus� Z'personally )mown 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 hio/her/their signature(s) on the instrument the person(s) , or the entity upon behalf of which the person(c) acted, executed the instrument. Witness my hard and official seal. Signature of the No� vC0`Y�1t e106FI Nalary Public-caloomit IORANGE COUNTY W- IMI OwA.lqp.Joe 28.I NG �l RLL-.4413 -4. Sent by: ?FRB REAL PROPERTY 714 8345791 ; 01104'0 :OBPMj2L&9 #983;Page 7:8 ROBFRT REIN, WILLIAM FROST is ASSOCIATES 14725 Alton Parkway Irvine, California 92711, October 17, 1991 JN 24447-5.LB Pace 1 of : LEGAL DESCRIPTION POWER POLE EASEMENT WITHIN 11;f ORANGE COUNTY FLOOD CONTROL. DISTRICT PROPERTY That certain parcel of land situated. in the unincorporated terr-tory of the County of Orang@. State of California, being that pertian of Lot 5 ;f the Rancho Canada de Los Allsos as showr on a map filed in Book 3, Pages 290 and 291 of Miscellaneous Records in the Office of the County Recorder of Los Angeles County. Cal-i.fornia, included within a strip of land 15.00 Feet wide, the canterline of which 1s described as follows : COMMENCING at the most easterly corner of Parcel Z as shown on a nap filed in Book 141 , Pages 3 through 5 of Parcel Maps 'n the Office of the County Recorder of said Orange County; thence along the southeasterly line of said parcel South 37'31'49" West 40.39 feet and South 31408'32' West Z43.91 feet to the 7RIIE POINT OF BEGINNING; thence South 12'00'00" Fast 203.44 feet to the southeasterly �- l i.^,e of Parcel 2 as described in a Grant Deed to Orange County Flood Control District recorded Novembtr 1 , 1972 in 3ook 10406, Page 539 of Off-cial Records ;n said Office o. the CrangP County Recorder. Said strio of land shall be lengthened or shortened sc as to terminate northwesterly in said southeasterly line of Parcel 2 of said Parcel .lap and southeasterly insa;d southeasterly line cf Parcel 2 0; said lzna of the Orange County Flood Control District. SUBJECT TO all Covenants, Rights, Rights-of-Way and Easements of Record. C,ti0 SAND SLR a�r1j'2` pes R. Craw-ord: L * La.4 M o rip. OF CAL'F -EXHIBIT A Sent by: PFRO REAL PROPERTY 714 -8-345751 0 1 /04 DO 5:08pm;jgff&& #983;Page 8/8 CD A er "t 1111 HET I iz -C 7? J. T.p -B- 2y kv j I- e Lypj� 4 PILL 2 Va,j-39 —17 :4J EXHIBIT suss, i or 1 _a;ii FOR INF(,PMA TION ONLY c; C?%,6&1 Tel.1.4wjj!,JnlCT.rb.$1 a .,�. _.�' �.�/� � � ��� � w�� � �� � ���_ o�� ��, HuntingtonIFiCe Wofes Office of the City Citerk Beach, CaCifornia • , . . . • A dee - •r - Mol- A-A L2,�,v-6e, lAe, 4 htg bet .:f,�a .C/ed " el"adt -aIT- A ie- -2,M�)eIA'Oe lu"7dck- -t r L/ I 7A. / / //i y/ rr L " I/ / . 0/0 _ L.) oill r CA i r ► Y r 1 i FAX FROM: CONNIE BROCKWAY, CITY CLERK J J CITY CLERK'S OFFICE CITY OF HUNTINGTON BEACH • P 0 Box 19012000 Main Street * Huntington Beach, CA 92648 (714) 536-5227 H UNTINGTON BEACH (714) 374-1557 FAX Fax #: Date Number of Pages (including cover page): B Deputy beputy City Clerk ,, To INTERNET ADDRESS: ttpalwww ci_huntington-beach ca_us OR http=//www.hbsurfdtY-comfderk Phone: I **« HB INFOLINE: 714 374-4800 ** Remarks= U Urgent - For our review Reply ASAP C Please comment C Per your re uest 7yb� V r �l 97Forms/fax TiCe Jvotes f Beach,Office of the City Cterk Huntington I I / � r 47� ew / / j 1 ba n ! / -� �V I r ' - • ! i• .! �• i ! - t / lr dO , oots 011f L / r r r X'IaA ! I /' 60eLar ' `` / "� TRANSMI55ION vERIFICATiDrr REP TI1rE 01/04/2000 15:5S DATE.TIME 01/04 15:46 FAX NO./NAME 98342675 DURATION 00:09:52 PAGE(S) 17 RESULT Ok MODE STANDARD FAX FROM: 0 CONNIE BROCKWAY, CITY CLERK J CITY CLERK'S OFFICE CITY OF HUNTINGTON BEACH • P O Box 190/2000 Main Street * Huntington Beach, CA 92648 1 3 HUNTINGTON BEACH (714) 536-5227 { 14}-374-1557 FAX Fax #: j� Date: �(o Novo Number of Pages (including cover page)- B -Deputy City Clerk To: INTERNET ADDRESS: Xt � http=//www_ci huntington-beach_ca_us C � OR 15 http=//vrww hbsurfcitY-comlclerk Phone: HB INFOLINE: 714 374-4800 ** Remarks ❑ ur ent ❑ For our review ❑ Re i ASAP r Please comment 9 ❑ Per your re uest 97Formslfax ` TParvSr�IiSSION VERIFICATION PEF'I� TDAE 01i24/2000 11. 15 DATE,TIME 01/24 11:13 F_;'X NO.IN"F1E 95345791 DURATION 00:��:44 PAGE(S) 09 RE SILT MODE STANDAPD ECM %L19. `r CITY OF 11UNTt?v<;TON BEACH TO 1 ± VV fr I I DEPARTMENT pAIL �• �' �7 � r rl For your aplirOviil -1 Per yOur/P4IUCS( I-j For your signalure n for your infr)rmulion l . 7 Take aPpropnare arl•un. ..—, Prepartt reply for my vyndlu•e- r7l wrlh more derails Ll Answef t If,voliga[e and r.,pprr J Nclle and ruturn ro me Note,Ind see mP i3I70ui [h-s U Note and file. r n - Li Pl,.are rJ11 TELEPHONE Mrs N1iss 1 iME CAt r-ED UATE CALLED ff LEPHONF NO _ v —— — — — — = MESSAGEale l I � U E FROM U_PT f TRANSMITTAL AND TELEPHONE SLIP i , A, CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK December 14, 1999 Gary L_ Granville, County Clerk-Recorder P. O Box 238 Santa Ana, CA 92702 Attention: Ms. Phyllis Johnson, Senior Document Examiner If you find this Easement Deed and Agreement between the Orange County Flood Control District and the City of Huntington Beach in proper form for recordation, please record the Easement Deed and Agreement and return to the Office of the City Clerk, 2000 Main Street, Huntington Beach, CA 92648. My concerns are as follows: Please note that Charles V. Smith, Chairman of the Board of Supervisors, does not have his signature notarized on the document. Instead the signer, Susan Novak, who signed for Darlene Bloom has had her signature notarized. The Clerk of the Board has informed me that this is the procedure the County uses. I would appreciate information from your office as to how recordation of this agreement differs from other agreements which require notarization of the signers authorized to sign on behalf of the corporation. Is there a resolution of the Board of Supervisors authorizing Ms. Bloom and or Ms_ Novak to execute corporate documents? if so, a copy that I can attach to this agreement would serve as clarification for the city's agreement fife. ✓:GL.E� �GCJGu, Connie Brockway, CIVIC City Clerk Enclosures g:lfol lowupldeedltr. G4b11ouvuV%dccd1tr 1 Tele phony:714-536-52271 • • 44 ne CITY OF HUNTINGTON BEACH 2000 MAIN STREET CAE_I FOR NIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CRY CLERK DEED CERTIFICATION CITY OF HUNTINGTON BEACH This is to cerCfV that the interest in real property conveyed by the Deed dated September 21, 1999, from Orange County Flood Control District 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 Cite of Huntington Beach adopted on August 7, 1972, and the grantee consents to the recordation thereof by its duly authorized officer- Dated: December 13, 1999 CITY OF HUNTINGTON BEACH CONNIE BROCKNVAY, CMC CITY CLERK By: .1 e e Case uty g Tb11o%&uVdeedcerUdred 5702!state (Te4phona:714536.5227) RECORDED BY: City of Huntington Beach WHEN RECORDED,RETURN TO: City of Huntington Beach 2000 Main Street Huntington Beach CA 92649 Alimrt irxi: C trrde a3ciJs%ey, (-ty Cl.e;Jc Exempt recording requested per Gov.Code 6103 (Space abu.e line for Raordcri use only) Facility: Ocean View Channel Facility No.: C06 Parcel No.: 350 This document is solely for the a`'.. 7tl i us. ness of vl. , Ciiy .1.. ^r Gov a:rrna I Code EASEMENT DEED AND AGREEMENT4E'c, 3103 and should be recorded free of charge. For valuable consideration, receipt of which is hereby- acknowledged, the ORANGE COUNTY FLOOD CONTROL DISTRICT, a body corporate and politic, Tax-Exempt-GsovemmentAgoncy hereinafter referred to as "DISTRICT", CITY OF HUNT INGTON BEACki C0r(J2 er.cisviay,CI: Clark does hereby Grant to the BY! CITY OF HUNTINGTON BEACH, ()Doputy City Clark a municipal corporation of the State of California, hereinafter referred to as "CITY" an easement for public street and highway purposes, in, on, over and across the real property in the City of Huntington Beach, County of Orange, State of California, described as: As more particularly described in EXHIBIT A,attached hereto and by this reference made a part hereof. EXHIBIT B attached for information only. CITY hereby acknowledges that the rights of DISTRICT, in and to the area described herein above, are prior to and superior to the rights granted herein, and CITY agrees to submit plans and obtain approval from the Director of the Orange County Public Facilities and Resources Department, or her designee, prior to the construction or reconstruction or alteration of any improvement within said area. CITY, by acceptance of this deed, further agrees: I. To indemnify, defend with counsel acceptable to DISTRICT, and hold harmless DISTRICT, the County of Orange and their elected and appointed officials ,officers, agents, employees and licensees harmless from any loss, claim, or damage of any kind or nature, including but not limited to, damage to any property, or injury or death of any person whomsoever, proximately caused in whole or in part by negligence of CITY or its employees or agents, or licensees with respect to the CITY's or its employees, agents or licensees use of the easement area or by any act or omission for which CITY or its employees, or agents or licensees are liable in the exercise of the rights herein granted; 2. To maintain CITY's improvements including landscaping and trees within the easement area; 3. To remove and to replace, or to pay, DISTRICT for cost to remove and replace CITY's improvements in the event DISTRICT needs to repair, construct, reconstruct, improve or enlarge flood control improvements. DISTRICT's only responsibility shall be to restore any section of the flood control facility affected to the same load specifications as originally constructed and to backfill with compacted earth to the grade of the surrounding property following completion of DISTRICT's activity. 4. This grant is subject to existing contracts, leases, licenses, easements, encumbrances, and claims 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. Furthermore, nothing contained herein, or in any document related hereto, shall be construed to imply the conveyance to CITY of rights in the property which exceed those owned by the DISTRICT, or any representation or warranty, either express or implied, relating to the nature or condition of the property or DISTRICT'S interest therein. DISTRICT agrees: 1. To indemnify, defend with counsel acceptable to CITY, and to hold CITY, its elected and appointed officials, officers, accents, employees and licensees harmless from any loss, claim, or damage of any kind or nature, including but not limited to, damage to any property, or injury or death of any person whomsoever, proximately caused in whole or in part by negligence of DISTRICT or its elected and appointed officials, officers, agents, employees or licensees with respect to DISTRICT's concurrent use of the easement area. Should CITY, its successors or assigns, at any time abandon the use of said property or any part thereof, or fail at any time to use the same for the purpose contemplated herein for a continuous period of (I) year, the rights hereby granted shall cease to the extent of the use so abandoned or discontinued and DISTRICT shall at once have the right to resume exclusive possession of the property or the part thereof the use of which is so discontinued or abandoned. If any term, covenant, condition or provision of this Easement Deed and Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby. ORANGE COUNTY FLOOD CONTROL DISTRICT, a body corporate and politic Dated' ! — ` 9 By: -'� _V Chairman of the Board of Supervisors Approved as to form SIGNED AND CERTIFIED THAT A COPY OF Laurence M. Watson, THIS DOCUMENT HAS BEEN DELIVERED County Counsel TO THE CHAIRMAN OFT HE BOARD. Bv _ - P Deputy Darlene J. Bloom Clerk of the Board of Supervisors Date: ri 5 of Orange County, California State of California ) ss. County of Orange ) On ,19 before me, a Notary Public, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signature of the Notary G H, :. _ ��:],. C:t;r Attorre7, 13y;: D--Q- �ty C�=ty Attorne'r -3- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Y State of California � County of orange ss' On 9/28/99 before me, Alice Jean Darrow, Notary Public DM H•nr am ne•of oRlwr i.g--j"oa•.hoary Pu wcn personally appeared Susan Novak �+am•fsi a sgwl�l h an personally known to me C proved to me on the basis of satisfactory evidence to be the person(s) whose names) isMm subscribed to the within instrument and acknowledged to me that loa/sheabW executed the same in kWher/lm& authorized capacity(Iea), and that by hhVherAhaa signature(s) on the instrument the person(s), or ALIGE JEAN DARROW the entity upon behalf of which the person(s) r COMM. #1168018 acted, executed the instrument. m NOTARYPUBUCMFORNIA ORANGEExpA 0 WITNESS my hand and ofQ�_. ficial seal. • MY Comm.Ezp.Jan.08,2002 4401-i Pken Now sr awn vsw. "m NAY A+6t Title of Type of Document: Basement Deed & Agreement - Orange County Flood Control District to the City of Huntington Beach-ocean view Channel THIS CERTIFICATE Numbaof Pges: 3, plus exhibits A & B MUST BE ATTACHED CapacityorSipa Assistant Clerk of the Board of Supervisors TO THE DOCUMENT DESCRIBED AT RIGHT sipwRepRxem: County of Orange Sipwr(i)OdW ilum N&MW Above: ------------- EXHIBIT A FOR EASEMENT DEED BY THE ORANGE COUNTY FLOOD CONTROL DISTRICT TO THE CITY OF HUNTINGTON BEACH AN EASEMENT FOR STREET AND HIGHWAY AND PUBLIC UTILITY PURPOSES IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA. OVER, UNDER AND ACROSS THE FOLLOWING DESCRIBED PARCEL OF LAND: THAT PORTION OF SOUTHEAST ONE-QUARTER OF SECTION 24, TOWNSHIP 5 SOUTH, RANGE 11 WEST AS SHOWN ON A MAP FILED IN BOOK 51, PAGE 13 OF MISCELLANEOUS MAPS, BOUNDED NORTHERLY BY THE NORTHERLY LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN A DOCUMENT TO THE ORANGE COUNTY FLOOD CONTROL DISTRICT RECORDED JANUARY 28, 1963 IN BOOK 6409, PAGE 684, OFFICIAL RECORDS, BOUNDED WESTERLY BY THE EASTERLY LINE OF THAT CERTAIN EASEMENT DESCRIBED IN A DOCUMENT TO RIVER MEADOWS APARTMENTS RECORDED JANUARY 15, 1988 AS INSTRUMENT NO. 88-022135, OFFICIAL RECORDS, BOUNDED SOUTHERLY BY THE SOUTHERLY LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN A DOCUMENT TO THE ORANGE COUNTY FLOOD CONTROL DISTRICT RECORDED NOVEMBER 16, 1962 IN BOOK 6325, PAGE 906, OFFICIAL RECORDS AND BOUNDED EASTERLY BY THE EAST LINE OF SAID SECTION 24 AS SHOWN ON PARCEL MAP NO. 84-1204 FILED IN BOOK 198, PAGES 48 TO 50, INCLUSIVE, OF PARCEL MAPS, ALL RECORDS OF ORANGE COUNTY, CALIFORNIA. CONTAINING 3880 SQUARE FEET, MORE OR LESS. AS SHOWN ON EXHIBIT B, ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. yec%L GORDON D. EDWARDS, PLS 6578 LS.6678 � �s EXPIRES 6-30-2000 E)v.6,30-20W MARCH 3, 1999 R OFC,� oar JH 97-898 ESBESM]DOC � SHEET 1 OF 1 SHEET EXHIBI T FOR EASEMENT DEED BY THE ORANGE COUNTY ROOD CONTROL DISTRICT TO THE CITY OF HUNTINCTON 8EA01 y F)A,FI CF,:L 'I r' 1 f ti w r z EAST UNE SECTION 24 T5S,RIIW NIL Y UNE OF 64091684 O.R. EASEMENT FOR STREET -�--- V8932'J8'W 420.77' AR � 61.40 AND HIGHWA Y PURPOSES N89J2:38'W 64091684 O.R.El Y UNE OF 88-0211J5 O.R.6325/9ff 57.98 - � =3r�l�r cAfj �At 8� �rIt S893 'ER. 238 Q 51 Y LINE OF 6315/906 O. Q VARIES $�E T-50' L �111ggq�'-� LS.e878 * EV.630.2000 - g UNDER M sVf AA4DM Q EMARDS as 6678 DAII: RV,— &MN AM 2J2 2000 DM Engineering STREET AND HIGHWAY EAS&EWT Civil . Sar+ennt . Plan ms 18 Yechnolo&7 Drive, Suite too lrvine. CA 92616 POR77 N OF SEC770N 24 73SR»W M.M. 5fl*YJ DALE: 6`22-98 949-•753-9393 FAX 449-753-43Z2 CITY CF HUNTTNGTW BEACH! A 96-698 'r c��cao}.aeslast�nasamu�,c s • � _ TiCe Notes - Dffice o the City CCerk Huntington Teach., CaCifornta ' 11/10/99 Please see Interdepartmental Communications from Connie to Elaine (attached) . Per a phone call to Darlene J. Bloom of the O.C. Bd. of Supervisors the attached letter was never sent: . Following is the outQa= of thig pbonp _qQa=sation, along with ' recordation: 1.) TheiChairman of the Board's signature is a facsimile -- shouldn't it be an signature notarized, rather than that of the Chairman, since the agreement is between the Board and the City? 3.), Ms. Bloom informs us that the County records documents in this method. 4.) The purpose of the-letter Connie will issue to the County Recorder aloes.. with the deed is to request if.this is Appropriate. �J' 7 NJ C/I Ak, ` f w u r Tom.C [ECITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION myµr{M(tQM tiEACt4 Connie Brockway,City Clerk Office of the City Clerk Date. �t� Meeting Date: �����_ Agenda Item. A Approved City Council Agenda Items: the City Clerk's Office is unable to proceed with the execution of the attached Agenda Item due to the following requirements that have not been met. When your Agenda Item is ready to resubmit, please return to: P , City Administrator's Office. L Signature(s)Needed A On RCA li On Agreement C Other ; 2. Attachments A Missing A Not identified C Other 3. Exhibits A Missing fi Not identified C Other 4. Insurance Certificate(Proof Of Insurance) A Not attached B Not approved by City Attorney's Office C Signed farm notifying City Clerk that department will be responsible for obtaining insurance ceniticate on this Item. (Sec torm attached) 5. Wording On Request For Council Action(RCA)Unclear A Recommended Action on RCA not complete B Clarification needed on RCA C Other 6. City Attorney Approval Required 7. Agreement Needs To Be Changed A Page No. 8 Other 22je Qcotic c�+.Cl `�'� 7 -te ( . CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY November 9, 1999 CRY CLERK SENT BY FEDEX TRANSMISSION Ms. Darlene J. Bloom Clerk of the Board of Supervisors of Orange County 10 Civic Center Plaza Santa Ana, CA 92701 Dear Ms. Bloom: Subject: Easement Deed and Agreement- Orange County Flood Control District to the City of Huntington Beach-Ocean View Channel Enclosed please find the original above-captioned Easement Deed and Agreement. As shown on the California All-Purpose Acknowledgment, which is also enclosed, the notary notarized the Assistant Clerk of the Board's signature, instead of the Chairman of the Board of Supervisors' signature The County Recorder will require the Chairman's signature to be notarized_ Please have Mr. Charles Smith's signature notarized in his presence, and when completed mail the document back in the enclosed, Federal Express envelope as soon as possible. The item is being placed on the November 15, 1999 agenda for approval by the City Council, and the fully executed agreement must be in file at the City Clerk's Office. Should you have any questions or need further assistance, please do not hesitate to call me at 714-536-5404 or Deputy City Clerk, Liz Ehring at 714-374-1559. Sincerely, �F�O"r Connie Brockway City Clerk Enclosures: xc: Ray Silver, City Administrator Robert Beardsley, Public Works Director Bruce Crosby, Civil Engineer Assistant :le G-CBMemos199-2381e doc (YNephonr 714-536-5227) • ATTACHMENT 1 ATTACHMENT 2 SKETCH 0P MA GNOLM A VE. .01-405 FI+YY 4WOWNG ACOUIS177ON AND OWND?SHIP TR,4NSPFRS NOTFS• 1 ACOUrdD AV Fff BY OCR PER 6.325/ LtR 11-16-62 v PER 64091t84 OR 11-28-63 tbl_ J -AGO1AR W BY STA7F OF GA1A M PER 6375l= O.R 12-28-62 © w5/602 O.R y� 4 -AC=RM BY SM 7E AF akFA41Y1i4 PER 6WA4 QR 3-6-63 ?a, 5 -Rgmno BY STA7F ty cv fmm ��. % 70 C7Y OF M,W7MTOV BEA01 PER 8;3OD/70 QR6-30`67 o c I 6 -07Y Cr XR RMM MA TM max d PORMV LIB MAQWA A PER 1192/W AND 11592117 QR 12-11-75 PER Nsr MR 85--08785 11-13�-85 P.r®1.�. 19E1 H-din 7 - W-ErxrG)f EASMENT FW AMS ERTZ AND SMA6E USE FROM OCFW ;,s1F3nEL 1 ti 50, 70 RWDf 4WW APAR71CM PD?NET. Na 88-022 m O.R 1-1�88 RIVER MEADOWS APARTMENTS A8i�4fA IIA'VS• �ClJCN1Y fIOCN L�!'VTTa A�SIRICT Ha-hUVW�� Mal QR-&77aAL RECORDS N0632J1'W 2 640MI664 O.P. B,700/20 O.R. N8932 J87W 1 420 27 gL ^ - SUBJECT PARCEL OF LAND 6325/9X O.R SE EXHIBIT B FOR DETAI 12 4Q 6455124 0 R. Q P.M.F3. 21121 _ Q PAMCEL 2 4j O I C3.3 50 SCALE 1"=150' ' WARNER A VF $ SOUTHEAST CORNER SEC77ON 24 TO W90 5 SOUTN, RM E 11 WST PER M.Y. 51/1J I rt - RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Approve an Easement Deed and Agreement for the Dedication for Street purposes of a portion of Magnolia Street at the Ocean View Channel COUNCIL MEETING DATE: November 15, 1999 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (wlexhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (wlexhibits if applicable) (Signed in full by the City Attorney) Attached Subleases, Third Party Agreements, etc- (Approved proved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement Unbud et, over $5,000) Not Applicable Bonds (If applicable) Not Ap licable Staff Re ort (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 S City Administrator Initial City Clerk ( ) EXPLANATION FOR RETURN OF ITEM: . .(Below Space For City Clerk's Use • RCA Author: Bruce Crosby r HB CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMLNL ICATION TO: ROBERT BEARDSLEY, Director of Public Works CC: BRUCE CROSBY, Engineering Assistant CONNIE BROCKWAY, City Clerk FROM: GAIL HUTTON, City Attorney DATE: October 11, 1999 SUBJECT: RLS 99-133; Easement Deed from the Orange County Flood Control District INDEX: PUBLIC PROPERTY AND PUBLIC WORKS; PUBLIC PROPERTY; STREETS AND EASEMENTS/ LIABILITY AND LITIGATION; INDEMNITY AGREEMENTS AND BONDS I enclose the approved Easement Deed and Agreement from the Orange County Flood Control District ("Easement Deed"). As you can see, the Easement Deed contains indemnification obligations for the City and County pertaining to each party's use of the easement area. Because the City is obligating itself to indemnify the County, this Easement requires City Council approval. Therefore, the RCA for this Easement Deed must include a motion to approve the City's indemnity obligation requirement requested by the County. If you have any questions, please call me or John Fujii. Fit GAIL HUTTON, City Attorney GH/jf Attachment: Easement Deed from the Orange County Flood Control District gAjmf,99mcnios,.R1.S99-133 F o Couilly of Orange ' Public Facilities & Resources Department C+ tF G�'F'og�a John W. Sibley, Director _ ' September 30, 1999 - YROP I.D. No.: 98-054 W EACH Mr. John M. Fujii, Deputy City Attorney City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Subject: Easement Deed (Ocean View Channel, Parcel No. C06-350) Dear Mr. Fujii: Enclosed is an executed Easement Deed from the Orange County Flood Control District for City's acceptance and recordation. The deed, with the City's Certificate of Acceptance or City Council Resolution of Acceptance attached, must be immediately recorded in the County Recorder's Office which is located at: 630 N. Broadway, Santa Ana. After the document is recorded and returned to you, please provide a copy to this office for our files. If you have any questions, please contact Lorenzo A. Magalona, of this office, at (714) 834- 2483. Sincerely, John D. Pavlik, Chief PFRD Right of Way Processing Enclosure: Original Easement Deed cc: w/o enclosure Bruce Crosby, City of I luntington Beach , Dept. of Public Works Derrick McGregor, DMc Engineering LOCATION- MAILING ADDRESS- TELEPHONE: 300 N. FLOWER ST P O BOX 4048 (714)834-2362 SANTA ANA. CALIFORNIA SANTA ANA.CA 92702-4048 FAX 9 834-5791 RECORDED BY: City of Huntington Beach WHEN RECORDED,RETURN TO. City of Iiuntinaton Beach 2000 Main Street Huntington Beach CA 92648 Attention: John Fujii,Deputy City Attorney Exempt recording requested per Gov.Code 6103 -3L q 5-1 QZt # (Space above Iine for Reccrdei s use only) Facility: Ocean View Channel Facility No.: C06 Parcel No.: 350 EASEMENT DEED AND AGREEMENT For valuable consideration, receipt of which is hereby acknowledged, the ORANGE COUNTY FLOOD CONTROL DISTRICT, a body corporate and politic, hereinafter referred to as "DISTRICT", does hereby Grant to the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY" an easement for public street and highway purposes, in, on, over and across the real property in the City of Huntington Beach, County of Orange, State of California, described as: As more particularly described in EXHIBIT A,attached hereto and by this reference made a part hereof. EXHIBIT B attached for information only. CITY hereby acknowledges that the rights of DISTRICT, in and to the area described herein above, are prior to and superior to the rights granted herein, and CITY agrees to submit plans and obtain approval from the Director of the Orange County Public Faci[ities and Resources Department, or her designee, prior to the construction or reconstruction or alteration of any improvement within said area. CITY, by acceptance of this deed, further agrees: 1. To indemnify, defend with counsel acceptable to DISTRICT, and hold harmless DISTRICT, the County of Orange and their elected and appointed officials ,officers, agents, employees and licensees harmless from any loss, claim, or damage of any kind or nature, including but not limited to, damage to any property, or injury or death of any person whomsoever, proximately -1- caused in v.-hole or in part by negligence of CITY or its employees or agents, or licensees with respect to the CITY's or its employees,agents or licensees use of the easement area or by any act or omission for which CITY or its employees, or agents or licensees are liable in the exercise of the rights herein granted; 2. To maintain CITY's improvements including landscaping and trees within the easement area; 3. To remove and to replace, or to pay, DISTRICT for cost to remove and replace CITY's improvements in the event DISTRICT needs to repair, construct, reconstruct, improve or enlarge flood control improvements. DISTRICT's only responsibility shall be to restore any section of the flood control facility affected to the same load specifications as originally constructed and to backfill .with compacted earth to the grade of the surrounding property following completion of DISTRICT's activity. 4. This grant is subject to existing contracts, leases, licenses, easements, encumbrances, and claims 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. Furthermore, nothing contained herein, or in any document related hereto, shall be construed to imply the conveyance to CITY of rights in the property which exceed those owned by the DISTRICT, or any representation or warranty, either express or implied, relating to the nature or condition of the property or DISTRICT'S interest therein. DISTRICT agrees: 1. To indemnify, defend with counsel acceptable to CITY, and to hold CITY, its elected and appointed officials, officers, agents, employees and licensees harmless from any loss, claim, or damage of any kind or nature, including but not limited to, damage to any property, or injury or death of any person whomsoever, proximately caused in whole or in part by negligence of DISTRICT or its elected and appointed officials, officers, agents, employees or licensees with respect to DISTRICT's concurrent use of the easement area. Should CITY, its successors or assigns, at any time abandon the use of said property or any part thereof, or fail at any time to use the same for the purpose contemplated herein for a continuous period of (1) year, the rights hereby granted shall cease to the extent of the use so abandoned or discontinued and DISTRICT shall at once have the right to resume exclusive possession of the property or the part thereof the use of which is so discontinued or abandoned. If anv term, covenant, condition or provision of this Easement Deed and Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby. -z- ORANGE COUNTY FLOOD CONTROL DISTRICT, a body corporate and politic Dated: f ~ - � ! By: Chairman of the Board of Supervisors Approved as to form SIGNED AND CERTIFIED THAT A COPY•OF Laurence M. Watson, THIS DOCUMENT HAS BEEN DELIVERED County Counsel TO THE CHAIRMAN OF THE BOARD. By - Deputy arlene' J. Bloom CIerk of the Board of Supervisors Date: �l of Orange County, California State of California } ss. County of Orange ) On ,19 before me, a Notary Public, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signature of the Notary O.N.. C: ty Attorney, By:! Luo-.It� C` ty. Atto3rnel -3- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Y State of California County of orange ss. On 9/28/99 , before me, Alice Jean Darrow Notary 04" wnr erne Tb.ot Oftw(.%.•J&40 000.NDUW R+b j personally appeared Susan Novak Pim 0)OI sgdr(s) �f 29 personally known to me 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name($) isMm subscribed to the within instrument and acknowledged to me that XWshe/AmV executed the same in XWher/tltt& authorized capacity(fee), and that by XWherAkua signature(x) on the instrument the person($), or AUCE JEAN DARROW the entity upon behaif of which the persona) ► COMM. #1168018 6 acted, executed the instrument. NOTARY PUSUC CAUMFIN A ORANGEEv.Ja 0 WITNESS hand and official seal. MY Comm.t.sp.Jan.O8,2t)Q2 mY Q1, A Gt4o") Dhow Way a~Abm V301sue at Harr Pwft • r w w w w • • r r r • r w • r r w r r • • Title of Type of Document Easement Deed & Agreement - Orange County Flood Control District to the City of Huntington Beach-ocean View Channel THIS CERTIFICATE Nwwoeror pM": 3, plus exhibits A & B MUST BE ATTACHED CapapryofSiVw Assistant. Clerk of the Bar of Supervisors TO THE DOCUMENT DESCRIBED AT RIGHT Sip"Rgxesem: County of Orajage Sipxr(s)Other Thm Nnned Above -•__..-------- EXHIBIT A FOR EASEMENT DEED BY THE ORANGE COUNTY FLOOD CONTROL DISTRICT TO THE CITY OF HUNTINGTON BEACH AN EASEMENT FOR STREET AND HIGHWAY AND PUBLIC UTILITY PURPOSES IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA. OVER, UNDER AND ACROSS THE FOLLOWING DESCRIBED PARCEL OF LAND: THAT PORTION OF SOUTHEAST ONE-QUARTER OF SECTION 24, TOWNSHIP 5 SOUTH, RANGE 11 WEST AS SHOWN ON A MAP FILED IN BOOK 51, PAGE 13 OF MISCELLANEOUS MAPS, BOUNDED NORTHERLY BY THE NORTHERLY LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN A DOCUMENT TO THE ORANGE COUNTY FLOOD CONTROL DISTRICT RECORDED JANUARY 28, 1963 IN BOOK 6409, PAGE 684, OFFICIAL RECORDS, BOUNDED WESTERLY BY THE EASTERLY LINE OF THAT CERTAIN EASEMENT DESCRIBED IN A DOCUMENT TO RIVER MEADOWS APARTMENTS RECORDED JANUARY 15, 1988 AS INSTRUMENT NO. 88-022135, OFFICIAL RECORDS, BOUNDED SOUTHERLY BY THE SOUTHERLY LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN A DOCUMENT TO THE ORANGE COUNTY FLOOD CONTROL DISTRICT RECORDED NOVEMBER 16, 1962 IN BOOK 6325, PAGE 906, OFFICIAL RECORDS AND BOUNDED EASTERLY BY THE EAST LINE OF SAID SECTION 24 AS SHOWN ON PARCEL MAP NO. 84-1204 FILED IN BOOK 198, PAGES 48 TO 50. INCLUSIVE, OF PARCEL MAPS, ALL RECORDS OF ORANGE COUNTY, CALIFORNIA. CONTAINING 3880 SQUARE FEET, MORE OR LESS. AS SHOWN ON EXHIBIT B, ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. Gna"_�te" ��DSU � � �p �G 1 GORDON D. EDWARDS, PLS 6678 LS-6678 ;4 EXPIRES 6-30-2000 EV.8-30-2XO MARCH 3, 1999 a`OFCA_lif ham' iN 97.899 GWESM7 OOC EXHIBIT PYB SHEET 1 OF 1 SHEET FOR EASEMENT DEED BY THE ORANGE COUNTY FLOOD CONTROL DISIRICT TO THE CITY OF HVN7INGTON BEACH r�J`aJ1� Af). -r 4--T2z)4 N � ti V A.F�C.5 ti w S a ^ EAST UNE 50710N 24 T5S,R11W Z.:. J !2-1 o NI Y UNE OF 64091684 O.R. �It I J 4\1 :2-i T " "3-1-1INJ L EASEMENT FOR STREET N89:J238'W 420.77 �"� 6140 AND HIGHWA Y PURPOSES � N893238W 64091684 O.R. f� �;d S rL Y UNE OF 88-022IJ5 D.R. �'� 0251M OR. �\P J?A rJ L Ain ����s\� .S89:32'MY � � Q ,VL Y UNE OF 6315 906 O.R. VARIES SCALF 1 f50. LS.E678 u � Ev.&30-2000 r� OFCa:_`;%ice Q PREP N UNDER M RF As 4 DDROaV D. EMOS R.5 M78 DATF X 2= REV �" EIS .R!!VE DMc Engineering_ STREET AND HIGHWAY EASEWBiT Civil SurvePng Plannmg 18 Technology Drive. Suite 100 DAM 6-22-98 Ir•ine, CA 92618 PX77ON OF SEC77ON 24 MSsR11W M.M. 511IJ 949-753-9393 A 4h. FAX 949-753-9322 aTY GF HUNANom BacH ,,rrr 96--698 -s'c I.uol�slas�rlasx4rr�c