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