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HomeMy WebLinkAboutHuntington Beach Associates, LLC - 2019-07-17 (3) Recorded in Official Records, Orange County Hugh Nguyen, Clerk-Recorder II 11 II III II III II II 11$I II II NO FEE * $ R 0 0 1 1 3 0 0 0 5 0 $ * 2019000490074 4:09 pm 11/22/19 RECORDING REQUESTED BY ) 48 401 BI 7 AND WHEN RECORDED RETURN TO: ) 0.00 0.00 0.00 0.0018.00 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.] 11' s doviment is wi*for the offtchi btJwn of the My of HuntkVton Beech, as contemplated urKler Goverrwnw t Cods Sec. 27393 and shouldU recorded free of Charge. SPECIAL UTILITY EASEMENT AGREEMENT For valuable consideration, receipt of which is hereby acknowledged Huntington Beach Associates, LLC, a California limited liability company, (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 1680145.1 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 Huntington Beach Associates, LLC, a California limited liability company, (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 1680145.1 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 1680145.1 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 0 0^ day of IN 2019. GRANTOR: CITY: Huntington Beach Associates, LLC, a CITY OF HUNTINGTON BEACH, a California limited liability company municipal corporation of the State of California By: MGP VIII BP Partners, LLC, a Delaware _ Iimited liability company, its Managing bi or o ublic Works Member Tom Herbel By: Merlone Geier Partners, L.P., a ATTEST: California limited partnership, its Manager �y� City Clerk Clerk By: MGGP, L.P., a California (PuRSUANTrous unavNo.2003-29) limited partnership, its General Robin Estanislau Partner R AN PP OVED: By: Merlone Geier I, LLC, a California limited liability City Administrator company, its General Oliver Chi Partner M APPROVED AS T By: Name: Peter J. Merlone City Attorney Title: President Michael Gates 1680145.1 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 Cal' ornia r ) County of Cal f �(�D11(l,cfstp ) On 'T(AI1/� 1q, 10M before me, JMnt+ Aftlk IV r Date k Here Insert Name an Title of the Officer personally appearedlr eY'DYI Pr 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. o JANETANOLIK I certify under PENALTY OF PERJURY under the laws Notary Pubtic.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 ha and offi ial seal. Signature Signature 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 eotrJ_ Title or Type of Document: 1'f2T 11���� pLynttl�'�®,_ Document Date: Number of Pages: ? 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 — I Limited I I 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.NationalNotary.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 7 OF PARCEL MAP NO. 82-560 RECORDED IN P.M.B. 173, PAGES 45-48 DESCRIBED AS FOLLOWS: THE CENTERLINES OF TWO EASEMENTS, OF VARIOUS WIDTHS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: EASEMENT NO. 1: BEGINNING (P.O.B.) AT THE NORTHEAST CORNER OF SAID PARCEL 7; THENCE NORTH 89'28'24" WEST ALONG THE NORTH LINE OF SAID PARCEL 7 A DISTANCE OF 84.60 FEET TO THE TRUE POINT OF BEGINNING (T.P.O.B.) OF THE CENTERLINE OF A 20.00 FOOT WIDE STRIP OF LAND HEREAFTER REFERRED TO AS EASEMENT NO. 1; THENCE SOUTH 45'28'54" WEST ALONG THE CENTERLINE OF SAID EASEMENT NO. 1 A DISTANCE OF 26.34 FEET TO A POINT HEREAFTER REFERRED AS POINT "A" AND TO THE INTERSECTION WITH THE NORTHEASTERLY SIDE LINE OF AN EXISTING 15.00 FOOT WIDE WATER EASEMENT PER SAID PARCEL MAP NO. 82-560. THE SIDE LINES OF EASEMENT NO. 1 SHALL BE LENGTHENED OR SHORTENED AS TO TERMINATE AT THE NORTH LINE OF SAID PARCEL 7 AND AT THE NORTHEASTERLY SIDELINE OF SAID WATER EASEMENT. EASEMENT NO. 2 BEGINNING (P.O.B.) AT THE AFOREMENTIONED POINT "A"; THENCE SOUTH 45'28'54" WEST ALONG THE PROLONGATION OF THE CENTERLINE OF SAID EASEMENT NO.1 A DISTANCE OF 15.00 FEET TO THE SOUTHWESTERLY SIDE LINE OF AN EXISTING 15.00 FOOT WIDE WATER EASEMENT PER SAID PARCEL MAP NO. 82-560 AND THE TRUE POINT OF BEGINNING (T.P.O.B.) OF THE CENTERLINE OF A 10.00 FOOT WIDE STRIP OF LAND HEREAFTER REFERRED TO AS EASEMENT NO. 2; THENCE CONTINUING SOUTH 45'28'54" WEST ALONG THE CENTERLINE OF SAID EASEMENT NO. 2 A DISTANCE OF 13.00 FEET. t THE SIDE LINES OF SAID EASEMENT NO. 2 SHALL BE LENGTHENED OR SHORTENED AS TO TERMINATE X AT THE SOUTHWESTERLY SIDE LINE OF SAID EXISTING WATER EASEMENT. CN Ss EASEMENTS 1 AND 2 CONTAINING A TOTAL LAND AREA OF 711 SQUARE FEET, MORE OR LESS. L U a` SHOWN IN EXHIBIT "B", ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. THIS DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION, o�p,L LANo IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT. ��`�PEL F(j SG� d � o N o. 8899 5-23-19 * EXP. 12-31-2019 I E F � LONG S 889 DATE L(ENSE XPIRES' 12- qTF OF N W mnia All cn vi1: IA MARCH 14, 2019 I I TAIT SP8251 0 0 N89'28'24"W '4 228.72' N00'21'37"E 12.60' �tx`� 84.60' �h T.P.O.B. EASEMENT NO. 1 op �� P.O.B. NORTHEAST CORNER PARCEL 7 I r� T.P.0.B. EASEMENT NO. 2 "' N I ]?,�RQ;EL 7 POINT "A" N EXISTING 15' WIDE WATER EASEMENT PER PARCEL MAP NO. 82-560, P.M.B. 173/45-48 N89'28'24"W 188.73' w CT NO. 82—%0 !� W TRACT c _ PoMZa 1173/45-48 0 0 — PARCEL 9 Z !� Z V J W Z W N 89'28'54"W 189.63' CD a O 0 i x Lo N 00 a WARNER AVENUE " NOTE: pC4 LAND THIS PLAT WAS COMPILED FROM �` P�"PEi- FUR .sG I r RECORD DATA PER PARCEL MAP NO. 82-560, P.M.B. 172/45-48 o LEGEND 8 9 40 so 80 * EXP. 12 1-2011 EASEMENT LIMITS PROPERTY LINE qTF of CAU�Fp� 5-23-19 IN 1I CH FEET FEET N EXHIBIT " 11 co Sa 1a Ara.CA TA 1 T o 71„;�reM ,,1.,;�a,�1 a 1 OF 1 EASEMENTS FOR WATERLINES I CITY OF HUNTINGTON BEACH, CALIFORNIA 0 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.ESPAeza Notary Public-California Orange County = z s Commission It 2204197 D /1 My Comm.Expires Aug 4,2021 4 ( otary Sig ture) .41 JM CITY OF HUNTINGTON BEACH IOLj 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 (4) 16900 AND 16920 GOLDENWEST STREET