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HomeMy WebLinkAbout1989-06-21 - Easement California Resorts International, Inc. RECORDED IN OFFICIAL RECORDS • 89-42301 2 OF ORANGE CqW CAUFORNIA 3:30 AUG 9 1989 I'M. EXEMPT oZ�- Q `6ta.,tc,ZRECORDER C8 Recording requested by and This document is solely for When recorded mail to : official business of the CITY OF HUNTINGTON BEACH City of Huntington Beach, 2000 Main Street as contemplated under Huntington Beach, CA 92648 Government Code Sec . 6103 Attn: City Clerk and should be recorded free of charge . F/d C`0,,q ST 7�i1T6/ � N y �t�E7� E- rvs/),9-inl 7-. r lECt�a AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH U/ AND CALIFORNIA RESORTS INTERNATIONAL; INC. , FOR THE GRANT OF AN EASEMENT FOR WATER DRAINING PURPOSES This agreement made this � Is� day of Sane , 1989 by and between CALIFORNIA RESORTS INTERNATIONAL, INC. , a California corporation, hereinafter referred to a "GRANTOR, " and the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY. " WHEREAS, GRANTOR is the owner of certain real property commonly known as Pierside Pavilion, located at Pacific Coast Highway and Main Street in the City of Huntington Beach, County of Orange, State of California, hereinafter referred to as the "SERVIENT TENEMENT" and described as follows : Lot 1 of Tract No . 13722 as shown on a map recorded in Book 636 , Pages 38 to 41 , of Miscellaneous Maps, Records of Orange County, State of California; and CITY desires to acquire certain rights in the SERVIENT TENEMENT; NOW, THEREFORE, it is agreed as follows : 1 . GRANT OF EASEMENT. In consideration of CITY allowing GRANTOR to construct improvements to the SERVIENT TENEMENT in a manner which -1- prevents water to flow from the adjacent streets, alleys and public rights of way, and to properly drain to Pacific Coast Highway, GRANTOR agrees to accept such water flow and channel it onto the SERVIENT TENEMENT whereby such water will flow and drain into the proper storm drain system. 2 . DESCRIPTION OF EASEMENT The perpetual easement granted herein to the CITY is for the discharge of water from the adjacent streets , alleys and public rights of way of the CITY to the entire property of the GRANTOR. 3 . LOCATION. The easement granted is appurtenant to the SERVIENT TENEMENT described as follows : Lot 1 of Tract No . 13722 as shown on a map recorded in Book 636 , Page 38 to 43 , of Miscellaneous Maps, Records of Orange County, State of California . 4 . INDEMNIFICATION DEFENSE HOLD HARMLESS . The GRANTOR herein, its heirs, personal representatives , successors and assigns, hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs and demands, however caused, including those resulting from death, injury, or damage to property, arising directly or indirectly out of the easement herein granted by GRANTOR, including those arising from the passive concurrent negligence of CITY, but save and except those which arise out of the active concurrent negligence, sole negligence, or sole willful misconduct of CITY. GRANTOR herein, its heirs, -2- 0 0®4`301 ) personal representatives, successors and assigns, will conduct all defense at its sole cost and expense. CITY shall be reimbursed by the GRANTOR herein, its heirs, personal representatives, successors and assigns, for all costs or attorney' s fees incurred by CITY in enforcing this obligation. 5 . ENTIRE AGREEMENT. This instrument contains the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed. Any oral representations or modifications concerning this instrument shall be of no force and effect excepting a subsequent modification in writing, signed by all parties . 6 . ATTORNEY' S FEES. In the event of any controversy, claim, or dispute relating to this instrument or the breach thereof, the prevailing party shall be entitled to recover from the losing party reasonable expenses, attorney' s fees, and costs . (REST OF PAGE NOT USED) -3- 69-4«0 7 . BINDING EFFECT. This instrument shall bind and inure to the benefit of the respective heirs , personal representatives , successors , and assigns of the parties hereto . IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written. GRANTOR: CITY: CALIFORNIA RESORTS INTERNATIONAL, CITY OF HUNTINGTON BEACH INC. , a Ca iforni corporation a m;inicipal corporation of the State of California By: Uri Gati , Pr ident ,l f� G Lubliner, Secretary V Mayor ATTEST: APPROVED AS TO FORM: r City Clerk L �y��Attorney Fpo- - 21-Sg REVIEWED AND APPROVED: NITIATED AN APPROVED: City Administrator Direct r of Public Works n - 4, - bS STATE OF CALIFORNIA ) ss . COUNTY OF ORANGE ) On Z:�Lcne D1�-+, 191 $`i before me, the undersigned, a Notary Public in and for said State, personally appeared Uri Gati and Gary Lubliner personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument as President and Secretary on behalf of California Resorts International, Inc . , acknowledged to me that such corporation executed the within instrument pursuant to its bylaws or a resolution of its board of directors . WITNESS my hand and official seal . , ti OFFICIAL SEAL ISABEL C. DAVIS NOTARY PUBSL.IC.CALIFORNIA —D'J�� "k i F LO.S'ANGELES COUNTY Notary Public My Comm.Expires Feb 4,Y991 -4- STATE OF CALIFORNIA r3. COUNTY OF ORANGE }' fol On this day of 1 19 CO)CII , before me, a Notar Public in and for said Cour4ty and State, personally appeared known to me to be the Mayor and ('.onw;(!Ee o-,c CCc1Ry known to me to be the City Clerk of the City of 'Huntington Beach, the municipal corporation that executed the within instrument, known to me to be the persons who executed the within instrument on behalf of said municipal corporation and acknowledged to me that such municipal corporation executed the same. OEfiCIAL SEAL BETTE BARILLA ,� Notary Pubk-�Ubmia ORANGE COUNTY � My Comm. Exp-0.8,In AWL wP SECTIONAL DISTRICT MAP 14-6-11 CITY OF HUNTINGTON BEACH ORANGE COUNTY, CALIFORNIA USE OF PROPERTY MAP P izosEcx LOCA-ViotA ATLANTA STREET -041 (`1311 / 10A.1.,—N , - _ U P I, REQUESPFOR CITY COUNCIACTION Date .10y 17, 1 9 g R Submitted to: Honorable Mayor and City Council APPROVED BY CITY COUNCI- 67 Submitted by:Paul E. Cook, City Administrat or _ 7 /Z 19 Prepared by: Louis F. Sandoval, Director of Public Works �_{]'�"'— C TY CLERK Subject: Drainage Easement Agreement Between the City and California Resorts International, Inc. (Tract No. 13722) Consistent with Council Policy? [XI Yes [ ] New Policy or Exception Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: STATEMENT OF ISSUE: Runoff from the alley east of Main Street and south of Walnut Avenue drains onto private property per the approved tract improvement plans. California Resorts International, Inc. agrees to accept the drainage and hold the city harmless due to this condition. RECOMMENDATION: Approve the grant of easement agreement between the City and California Resorts International, Inc. and authorize execution by the Mayor and City Clerk. Following recordation of the document, instruct the City Clerk to file one copy and return the second copy to the subdivider. ANALYSIS: California Resorts International, Inc. is constructing Tract N--o. 13722 located on Pacific Coast Highway between Main Street and 2nd Street. The natural drainage course from the existing alley slopes towards the project. The developer has agreed to accept this runoff into his private storm drain system. California Resorts Internation, Inc. is holding the city harmless for any damage or potential problems which might be caused by acceptance of the above described storm drainage from the alley. FUNDING SOURCE: None ALTERNATIVE ACTION: Deny approval of agreement and have it re-written. ATTACHMENTS: 1. Sectional District Map 2. Agreement PEC:LFS:W AP:dw 21 07g/9 Plo 5/85