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HomeMy WebLinkAboutBusiness Properties Partnership No. 15 - 2019-08-16 Recorded in Official Records, Orange County Hugh Nguyen, Clerk-Recorder 11�� 11[ 1111111 1��1��1��1111 11� NO FEE * $ R 0 0 1 1 3 0 0 0 4 2 $ * 2019000490067 4:09 pm 11122/19 RECORDING REQUESTED BY ) 48 401 E01 9 AND WHEN RECORDED RETURN TO: ) 0.00 0.00 0.00 0.00 24.00 0.00 0.000.000.00 0.00 City Clerk ) City of Huntington Beach ) 2000 Main Street ) Huntington Beach, CA 92648 ) Space above this line for Recorder's use. This document is soley for the offkial buskres of ft City of HurrtingM Beech. as conterrgisRed under GovernnlerK Code Sec.27363 and shoukMe recorded free of charge. SPECIAL UTILITY EASEMENT AGREEMENT For valuable consideration,receipt of which is hereby acknowledged Business Properties Partnership No. 15, a California general partnership, (hereinafter "GRANTOR") hereby grants and conveys to the City of Huntington Beach, a municipal corporation of the State of California, (hereinafter "CITY") a perpetual non- exclusive easement and right of way to install, maintain, repair, improve and relocate a pipeline or pipelines, with incidental ordinary and necessary appurtenances and connection(s), in, on and under said real property for its entire length and full width as described on Exhibit A and depicted on Exhibit B (both attached hereto and incorporated by this reference), and made a part hereof, and to construct structures for the transmission and delivery of water, or reclaimed water, including but not limited to, manholes, measuring devices, air valves, blow-offs, stations, standpipes, fire hydrants, and service connection structures appurtenant to said line or lines, which structures may extend.above the surface of the ground; together with the right to enter and traverse upon other land of Grantor in order to obtain access to and along said strip of land and to deposit tools, implements and material thereon by CITY, its officers, agents and employees or by persons under contract to CITY, whenever and wherever necessary for the purpose of laying, constructing, reconstructing, renewing, inspecting, maintaining, operating, repairing, enlarging,.replacing and using said water transmission and delivery line or lines. Grantor retains the right to use the surface areas and the non-exclusive right to use the subsurface areas of the easement and right of way in such manner as Grantor shall 1680158.1 RECORDING REQUESTED BY ) AND WHEN RECORDED RETURN TO: ) City Clerk ) City of Huntington Beach ) 2000 Main Street ) Huntington Beach, CA 92648 ) [Space above this line for Recorder's use. This document is exempt from recording fees pursuant to Government Code Section 6103. SPECIAL UTILITY EASEMENT AGREEMENT For valuable consideration, receipt of which is hereby acknowledged Business Properties Partnership No. 15, a California general partnership, (hereinafter "GRANTOR") hereby grants and conveys to the City of Huntington Beach, a municipal corporation of the State of California, (hereinafter "CITY") a perpetual non- exclusive easement and right of way to install, maintain, repair, improve and relocate a pipeline or pipelines, with incidental ordinary and necessary appurtenances and connection(s), in, on and under said real property for its entire length and full width as described on Exhibit A and depicted on Exhibit B (both attached hereto and incorporated by this reference), and made a part hereof, and to construct structures for the transmission and delivery of water, or reclaimed water, including but not limited to, manholes, measuring devices, air valves, blow-offs, stations, standpipes, fire hydrants, and service connection structures appurtenant to said line or lines, which structures may extend above the surface of the ground; together with the right to enter and traverse upon other land of Grantor in order to obtain access to and along said strip of land and to deposit tools, implements and material thereon by CITY, its officers, agents and employees or by persons under contract to CITY, whenever and wherever necessary for the purpose of laying, constructing, reconstructing, renewing, inspecting, maintaining, operating, repairing, enlarging, replacing and using said water transmission and delivery line or lines. Grantor retains the right to use the surface areas and the non-exclusive right to use the subsurface areas of the easement and right of way in such manner as Grantor shall 1680158.1 deem proper. Grantor may request CITY to change or relocate CITY's water mains or any equipment incidental thereto, at Grantor's expense. In the performance of any of the work which CITY is authorized to perform in the area of such easement and right of way, CITY shall avoid, to the extent reasonably possible, any damage or interference with other installations in the areas of such easement or right of way. Grantor shall not alter the grade, surface or overhead conditions without prior written approval from the CITY. There shall also be no less than 20 feet of clear vertical space immediately above the surface areas of the easement measured from finished ground level, nor shall any trees be located within, or overhand into the easement ground area. The CITY agrees to confer with Grantor thereof in order that CITY activity will result in a minimum of inconvenience or hardship. CITY accepts the easement and right of way granted hereby with the knowledge that Grantor intends to improve the surface of the easement herein granted and use the same for motor vehicle travel, pedestrian access, landscaping and related purposes. In making any installation or in the performance of any work, CITY shall adequately protect its installations against such use. In making any use of this easement, CITY shall: (a) Make adequate provision for the safety and convenience of all persons using such areas or other improvements or facilities in such areas; (b) Replace and restore the areas and surface improvements to the condition in which they were prior to the performance of such work, except for any enhanced pavement treatments other than asphalt concrete, any landscaping, and any landscape irrigation facilities which shall be the responsibility of Grantor; (c) Have no obligation for maintenance, repair or replacement of enhanced pavement treatments, landscaping or irrigation facilities; and (d) Hold Grantor and other users of the easements harmless against all claims, liabilities or expenses, including costs and attorneys' fees, arising from CITY's use of such area. In its use of the easement and right of way herein granted, CITY shall not permit any claim, lien or other encumbrance arising from such use to accrue against or attach to 1680158.1 said easement and right of way or the interest of Grantor in the land in, on and under which said easement is granted. IN WITNESS WHEREOF, this Special Utility Easement has been executed by the Grantor herein this 1944' day of Augw-f- 2019. GRANTOR: CITY: Business Properties Partnership No. 15, a CITY OF HUNTINGTON BEACH, a California general partnership municipal corporation of the State of California By: MGP VIII BP Partners, LLC, a Delaware limited liability company, its Managing reef P is Works Partner Tom Herbel By: Merlone Geier Partners, L.P., a ATT California limited partnership, its Manager City Clerk By: MGGP, L.P., a California ( limited partnership, its General 1'c•xsu.�.ti�rroxesoeC no.v,vo.2003-29) Robin Esta 'slaw Partner R IE AND PRO D: By: Merlone Geier I, LLC, a California limited liability City Administrator company, its General Oliv r Chi Partner APPROVED ORM: By: F Name: Peter J. Merlone City A orney NW Title: President Michael Gates 1680158.1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California ) County of %V, TY-Ir C1_s to ) On�W ej to&-' W a 01 before me, Date Here Insert Name and Title of the Officer }(fin personally appeared �� r J • ++t►1 yl 0y)e. Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. aMy JANUANOLIK I certify under PENALTY OF PERJURY under the laws Notary Public-California of the State of California that the foregoing paragraph San Francisco County is true and correct. Commission#2300373 Comm.Expires Aug 12,2023 WITNESS my hand and official seal. Signature ignature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: �ValI silet�Document Date: Number of Pages: 3 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: _ Signer's Name: Corporate Officer — Title(s): Corporate Officer — Title(s): Partner — Limited General Partner — Limited I General Individual Attorney in Fact Individual Attorney in Fact Trustee Guardian or Conservator Trustee Guardian or Conservator Other: _ Other: Signer Is Representing: Signer Is Representing: ©2014 National Notary Association • www.NationaINotary.org • 1-800-US NOTARY(1-800-876-682 7) 1tem#5907 EXHIBIT"A" LEGAL DESCRIPTION FOR WATER LINE EASEMENT THAT PORTION OF PARCEL A, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A PARCEL MAP FILED IN BOOK 108, PAGES 40 AND 41 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BEING A STRIP OF LAND 9.00 FEET WIDE AND LYING 4.50 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING (P.O.B.) AT THE SOUTHWEST CORNER OF PARCEL 2 OF SAID PARCEL MAP; THENCE NORTH 01'10'57" WEST ALONG THE WESTERLY LINE OF SAID PARCEL 2, 10.00 FEET TO A POINT ON A LINE THAT IS PARALLEL WITH AND 10.00 FEET NORTHERLY OF THE SOUTHERLY LINE OF SAID PARCEL 2, SAID PARALLEL LINE ALSO BEING THE NORTHERLY LINE OF THE EASEMENT FOR WATER LINES AS SHOWN ON SAID PARCEL MAP; THENCE SOUTH 88°49'03" WEST ALONG SAID PARALLEL LINE, 6.00 FEET TO A POINT ON A LINE THAT IS PARALLEL WITH AND 6.00 FEET WESTERLY OF SAID WESTERLY LINE OF PARCEL 2 AND THE TRUE POINT OF BEGINNING (T.P.O.B.); THENCE NORTH 01°10'57" WEST ALONG LAST SAID PARALLEL LINE, 20.00 FEET. THE SIDELINES OF SAID STRIP SHALL BE LENGTHENED OR SHORTENED AS TO TERMINATE AT THE NORTHERLY LINE OF THE EASEMENT FOR WATER LINES AS SHOWN ON .SAID PARCEL MAP. CONTAINING 180 SQUARE FEET, MORE OR LESS. AS SHOWN ON EXHIBIT"B"ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. o U.O r C) L.S.7780 / Exp.12.31-19 \Q / I FOF C A�,Ft� Armando D. DuPont, L.S. 7780 August 19, 2019 EXHIBIT "B" PLAT TO ACCOMPANY LEGAL DESCRIPTION LINE TABLE LINE # DIRECTION LENGTH 0' 10' 20' L1 N0170'57'II' 10.00' L2 S88'49OJ'W 6.00' SCALE: 1'=20' L3 N0170'57'W 2R 00' \\ \\ PARCEL A \\ \ P.M.B. 1 0814 0-4 1 PARCEL 2 \ \ P.M.B. 10814 0-41 \ \ WESTERLY LINE \ \ OF PARCEL 2 \ 4 5' 4.5' EASEMENT TO SOUTHERN NORTHERLY UNE OF EASEMENT CALIFORNIA EDISON FOR \ 6' FOR WATER ONES / UNDERGROUND LINES \ EASEMENT FOR WATER LINES RECORDED 912111976 IN AS SHOWN ON PARCEL MAP BOOK 11895, PAGE 1011, O.R. \ FILED IN BOOK 108, PAGES TP.O.B. 40 AND 41 OF PARCEL MAPS - -T - - - - - - - - - L2 L1 o \ — — — — — — — — — — — P.O.B. S0IUTHWEST CORNER OF PARCEL 2 WATER LINE EASEMENT 180 SO. FT., MORE OR LESS C O L VA D R Job No. 18973-3 �7 SURVEYING, INC. Los Angeles 411 JENKS CIRCLE,SUITE 205,CORONA, CA.92880 PHONE:951-280-9960 FAX:951-280-9746 www.calvada.com A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. ACKNOWLEDGMENT State of California ) ss County of Orange ) On November 20, 2019 before me, P.L. Esparza, Notary Public for the State of California, personally appeared Robin Estanislau and Thomas Herbel who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. P.L.ESPARIA Notary Public-California Orange County > r Commission#2204197 My Comm,Expires Aug 4,2021 (Notary Signat e) CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Donna Switzer, Deputy City Clerk FROM: Lili Hernandez, Senior Civil Engineer �� ► �� ��� '�� DATE: November 14, 2019 SUBJECT: Special Utility Easement Agreements for Public Water Facilities Please process the following Special Utility Easement Agreements for recordation with the Orange County Recorders Office. The City Administrator, Grantor, and City Attorney have approved each agreement. To fully execute the agreements, the Public Works Director and City Clerk must sign the agreements. Pursuant to Resolution 2003- 29, the City Council has authorize City Clerk and Public Works Director to execute the agreement on their behalf. (1) 9042 Adams Avenue and 20110 Magnolia Street (2) 10142 Adams Avenue (3) 20100 Brookhurst Street and 10072 Adams Avenue (4) 16900 and 16920 Goldenwest Street (5) 7071 — 7251 Warner Avenue Please contact me at (714) 374-5386 if you have any questions. Attachments (2) 10142 ADAMS AVENUE