HomeMy WebLinkAboutBusiness Properties Partnership No. 15 - 2019-07-17 Recorded in Official Records, Orange County
Hugh Nguyen, Clerk-Recorder
jj [j II III ]J� ]JI jj II 11�11 III jj NO FEE
* $ R 0 0 1 1 3 0 0 0 3 4 $ *
2019000490060 4:07 pm 11122119
RECORDING REQUESTED BY ) 48 401 E)1 7
AND WHEN RECORDED RETURN TO: ) 0.00 0.00 0.00 0.00 18.00 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.]
t"document is solely for the offkiel
I)WIMIs of the City of Huntiipton Beech,
ea conteniphMed under Goverrrnern Coda
Sec.27383 and=houldU recorded free
of cherya.
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
I
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 Iand in,on and under which
said easement is granted.
IN WITNESS WHEREOF, this Special Utility Easement has been executed
by the Grantor herein this day of 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 irect r o Pub is Works
Partner Tom Herbel
By: Merlone Geier Partners, L.P., a ATTEST:
California limited partnership, its
Manager
By: MGGP, L.P., a California City Clerk
(PURSUANT TO RESOLUTION NO.2003-29)
limited partnership, its General Robin Estanislau
Partner ntAN P OVED:
By: Merlone Geier I, LLC, a
California limited liability City Administrator
company, its General Oliver Chi
Partner APPROVED A5&M:
By: 17 P '
Name: Peter J. Merlone -7 City A o 11JV
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 �Myi, fromb5C0
On _S(Al>a U
d�U i�' A before me,
..
Date Here Insert Name and fitle of the Officer
personally appeared Fthr -I.
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.
JANETANOLIK 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§2120090
My Comm.Expires Aug 12,2019 WITNESS my han and official seal.
Signature
Sig ture 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 D cument f( �- pp
Title or Type of Document: tt lnl Mil l-fw t1q%wayLL f VI�AY�mC ocument Date:
Number of Pages: 1 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: _
02014 National Notary Association •www.NationaiNotary.org - 1-800-US NOTARY(1-800-876-6827) Item #5907
EXHIBIT "A"
EASEMENTS FOR WATERLINES
LEGAL DESCRIPTION
THOSE CERTAIN PARCELS OF LAND IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE
OF CALIFORNIA, BEING A PORTION OF PARCEL A OF PARCEL MAPS RECORDED IN P.M.B. 108, PAGES
40-41 RECORDS OF SAID COUNTY DESCRIBED AS FOLLOWS:
EASEMENT N0, 1: BEGINNING (P.O.B.) AT THE SOUTHEAST CORNER OF PARCEL 11 OF SAID P.M.B.
108/40-41; THENCE NORTH 01'10'57" WEST ALONG THE EASTERLY LINE OF SAID PARCEL 11 A
DISTANCE OF 36.80 FEET TO THE PROLONGATION OF THE SOUTHERLY SIDE LINE OF A WATER
EASEMENT AS SHOWN ON SAID PARCEL A OF SAID P.M.B. 108/40-41; THENCE NORTH 88'49'03" EAST
ALONG SAID PROLONGATION AND SAID SOUTHERLY SIDE LINE OF SAID WATER EASEMENT A DISTANCE
OF 7.24' TO THE TRUE POINT OF BEGINNING (T.P.O.B.) OF THE CENTERLINE OF A 10.00 FOOT WIDE
STRIP OF LAND LYING 5' ON EACH SIDE OF THE FOLLOWING DESCRIBED LINE; THENCE SOUTH 01'10'57"
EAST A DISTANCE OF 30.19 FEET; THENCE NORTH 88'49'03" EAST A DISTANCE OF 100.00 FEET TO
THE WESTERLY SIDE LINE OF SAID WATER EASEMENT.
THE SIDE LINES OF SAID EASEMENT NO. 1 SHALL BE LENGTHENED OR SHORTENED AS TO TERMINATE
AT THE NORTHERLY AND EASTERLY SIDE LINES OF SAID WATER EASEMENT.
EASEMENT NO. 1 CONTAINING A TOTAL LAND AREA OF 1,378 SQUARE FEET, MORE OR LESS
EASEMENT NO. 2 BEGINNING (P.O.B.) AT THE NORTHWEST CORNER OF PARCEL 8 OF SAID P.M.B.
108/40-41; THENCE NORTH 88'49'03" EAST ALONG THE NORTHERLY LINE OF SAID PARCEL 8 A
DISTANCE OF 6.12 FEET; THENCE NORTH 01'10'57" WEST A DISTANCE OF 4.61 FEET TO THE TRUE
POINT OF BEGINNING (T.P.O.B.) OF THE CENTERLINE OF A 14.00 FOOT WIDE STRIP OF LAND LYING 7'
ON EACH SIDE OF THE FOLLOWING DESCRIBED LINE; THENCE CONTINUING NORTH 01'10'57" WEST A
DISTANCE OF 16.35 FEET TO THE SOUTHERLY SIDE LINE OF SAID WATER EASEMENT.
THE SIDE LINES OF SAID EASEMENT NO. 2 SHALL BE LENGTHENED OR SHORTENED AS TO TERMINATE
AT THE SOUTHERLY SIDE LINES OF SAID WATER EASEMENT.
EASEMENT NO. 2 CONTAINING A TOTAL LAND AREA OF 229 SQUARE FEET, MORE OR LESS.
DESCRIPTIONS CONTINUED ON PAGE 2..................
MARCH 18, 2019 I
TAIT
SP 8256 PAGE 1 OF 2
EXHIBIT "A"
EASEMENTS FOR WATERLINES
LEGAL DESCRIPTION
DESCRIPTIONS CONTINUED FROM PAGE 1..................
EASEMENT N0, 3: BEGINNING (P.O.B.) AT THE NORTHWEST CORNER OF PARCEL 6 OF SAID P.M.B.
108/40-41; THENCE SOUTH 01'10'57" EAST ALONG THE WESTERLY LINE OF SAID PARCEL 6 A
DISTANCE OF 58.77 FEET TO THE TRUE POINT OF BEGINNING (T.P.O.B.) OF THE CENTERLINE OF A
10.00 FOOT WIDE STRIP OF LAND LYING 5' ON EACH SIDE OF THE FOLLOWING DESCRIBED LINE; THENCE
SOUTH 88'49'03" WEST A DISTANCE OF 15.22 FEET TO THE EASTERLY SIDE LINE OF SAID WATER
EASEMENT.
THE SIDE LINES OF SAID EASEMENT NO. 3 SHALL BE LENGTHENED OR SHORTENED AS TO TERMINATE
AT THE EASTERLY SIDE LINES OF SAID WATER EASEMENT.
EASEMENT N0, 3 CONTAINING A TOTAL LAND AREA OF 152 SQUARE FEET, MORE OR LESS.
EASEMENT NO. 4' BEGINNING (P.O.B.) AT THE NORTHEAST CORNER OF PARCEL 5 OF SAID P.M.B.
108/40-41; THENCE SOUTH 88'49'03" WEST ALONG THE NORTHERLY LINE OF SAID PARCEL 5 A
DISTANCE OF 4.04 FEET; THENCE NORTH 01'10'57" WEST A DISTANCE OF 2.96 FEET TO THE TRUE
POINT OF BEGINNING (T.P.O.B.) OF THE CENTERLINE OF A 10.00 FOOT WIDE STRIP OF LAND LYING 5'
ON EACH SIDE OF THE FOLLOWING DESCRIBED LINE; THENCE CONTINUING NORTH 01'10'57" WEST A
DISTANCE OF 85.25 FEET TO THE SOUTHERLY SIDE LINE OF SAID WATER EASEMENT.
THE SIDE LINES OF SAID EASEMENT NO. 4 SHALL BE LENGTHENED OR SHORTENED AS TO TERMINATE
AT THE SOUTHERLY SIDE LINES OF SAID WATER EASEMENT.
EASEMENT NO. 4 CONTAINING A TOTAL LAND AREA OF 853 SQUARE FEET, MORE OR LESS.
EASEMENTS NO. 1, 2, 3 AND 4 MORE PARTICULARLY SHOWN ON EXHIBIT "B", ATTACHED HEREWITH
AND BY THIS REFERENCE MADE A PART HEREOF.
ONP` LAND
F — — 4,�" �' F(l R�0
I�IC' AB F RL LL DATE
LICENSE EXPI s> 19 No. 8899
* EXP. 12-31-2019
3`>gTF OF CAL\E���\P
]°I u.Pak.nx 6rve
Sanlo Ara.CA 9]I°5
MARCH 18, 2019 II TAIT
SP 8256 PAGE 2 OF 2 n �.
I
EASEMENT N 0. 1
�r
r o o I PARCEL A N
\o i P.M.B. 108/40-41
o I
I
N88'49'03"E 280.00' z
I —— 45.75' —— SCALE: 1"=30'
PARCEL 11
0 I N88'49'03"E 7.24'
I T.P.O.B. EASEMENT NO. WATER EASEMENT
SHOP 'D' o
Z I S01'10 57 E 30.19 PER P.M.B.
108/40-41
2.24'
0
N88'49'03"E 100.00'
N88'49'03"E 188.00' P.O.B. EASEMENT NO. 1
SOUTHEAST CORNER PARCEL 11
EASEMENT N 0. 2 I WATER EASEMENT PER
PARCELP.M.B. 108/40-41
P.M.B. 11®8/40-41
N01*1 O'57"W I 16.35'
N88'49'03"E 91.00' T.P.O.B EASEMENT NO. 2
------- --- I -- 4.61'------------------
I I I N88'49'03"E 225.00'
I
3: I �I N P.O.B. EASEMENT NO. 2
cD NORTHWEST CORNER PARCEL 8
u, oo
PARCEL 9 � Iq
� I � 6 i PARCEL 8
SHOP 'K' Z � i Z I SHOP 'I '
44����PE� R SG
I ,
I I
I I I
/ 899
* E P. 2-31-2
LEGEND NOTE: sTx
T rF ca,��F
HIS PLAT WAS COMPILED I
EASEMENT LIMITS FROM RECORD DATA PER
40-41 6-5-19
P.M.B. 108
-————————- PARCEL LINE /
SCALE: 1"=30'
EXHIBIT "B"
OF 2 EASEMENTS FOR WATERLINES TA IT '
CITY OF HUNTINGTON BEACH, CALIFORNIA
I
w 10 I I 5,
IEI�
0
——
¢ � �IP�CC
2235 n c= - —�-
Z Of EASEMENT
z I .00'�� PER P.M.B. 108/40-41
z o I N88'49 03 E
w
I
W w U N
En
Z w I 00
o 00 I o
m
w _o Z L� I o PARCEL A
of cd I N P.M.B. 108/Q-4�
o
3 a Z
0
T.P.O.B. EASEMENT NO. 4
L I rn
N I o ------------- 2.96'
LO I w Z
S88'49'03"W 144.00'
o w
v=4 too a o w U. <
IPARCCIEL 5 � z z
`f
N i UJ0
SHOP E UjN
I wW
i m
EASEMENT N 0. 3 N EASEMENT NO. 4 z
O
z N
I I I
I I
SCALE: 1'=30- ��`' c,�P 0 I
CALE: 1'=30'
o. 8
* P. ;rl-201
s�q�F OF CM-
LEGEND NOTE: 6-5-19
EASEMENT LIMITS THIS PLAT WAS COMPILED
FROM RECORD DATA PER
-————————- PARCEL LINE P.M.B. 108/40-41
EXHIBIT "B" CA IM
w,ro Ma. svua
2 OF 2 EASEMENTS FOR WATERLINES II TAIT
�om
CITY OF HUNTINGTON BEACH,CALIFORNIA "'°° �
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.ESPARZA
■ Notary Public.California
` Orange County
z Commission#2204197
My Comm,Expires Aug 4,2021
(Notary Sig ture)
CITY OF HUNTINGTON BEACH
v INTERDEPARTMENTAL COMMUNICATION
TO: Donna Switzer, Deputy City Clerk
FROM: Lili Hernandez, Senior Civil Engineer .�,/), (j r I/
DATE: November 14, 2019 J
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
(3) 20100 BROOKHURST ST AND 10072 ADAMS ST