HomeMy WebLinkAboutHuntington Beach Associates, LLC - 2019-07-17 Recorded in Official Records, Orange County
Hugh Nguyen, Clerk-Recorder
111 IE 111 1[�IE�IE 1P 11 1 NO FEE
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2019000490068 4:09 pm 11/22/19
RECORDING REQUESTED BY ) 48 401 E01 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.]
This doarrwrtt is WkAy for dte oftleiN
btshtsss of the City of iurttigw Bosch,
as contefflOfted under Gotirrrwrm t Code
Sec. 27383 and shouktbe recorded fire
of cherpe.
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 7 day of 7k 1,1 2019.
GRANTOR: CITY:
Huntington Beach Associates, LLC,a CITY OF HUNTINGTON BEACH, a
California limited liability company municipal c rporation of the State of California
By: MGP VIII BP Partners, LLC, a Delaware "-- ' L A 42
limited liability company, its Managing Dire or of ublic Works
Member Tom Herbel
By: Merlone Geier Partners, L.P.,a ATTEST:
California limited partnership, its
Manager
City Clerk
By: MGGP, L.P., a California (PURSLANTTOR£SOLUTIO.vNo.2003-29)
limited partnership, its General Robin Estanislau
Partner I ED AND PROVED:
Q ,
By: Merlone Geier 1, LLC, a �
California limited liability Ci y Administrator
company, its General Oliver Chi
Partner APPROVED
By: " A-%,
Name: Peter J. Merlone
Title: President City Attorney
Michael Gates
16B0145.1
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 Calii ornia )
County of J01Y1, �MYL65to )
On (A 11, loll before me, J ft61)k1"U 6)1C
Date ,nn Here Insert Name and itle of the Officer
personally appeared ��ker `�V I��1 or)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.
I certify under PENALTY OF PERJURY under the laws
JANET ANOLIK of the State of California that the foregoing paragraph
r Notary Public-California Z is true and correct.
San Francisco Countv >
` Commission 0 2120090
My Comm.Expires Aug 12,2019 J WITNESS my hand and official seal.
my Comm.Expires Aug 12,201 91
Signature
Sin ure 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 rr �-
Title or Type of Document: 4 1 PODocument Date:
Number of Pages: igner(s) Other Than NameS 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.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 6 OF PARCEL MAP NO. 82-560 RECORDED IN P.M.B.
173, PAGES 45-48 DESCRIBED AS FOLLOWS:
THE CENTERLINES OF TWO EASEMENTS, 15 FEET IN WIDTH, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
EASEMENT N0, 1: BEGINNING (P.O.B.) AT THE WESTERLY TERMINUS OF THAT CERTAIN COURSE IN THE
WEST LINE OF SAID PARCEL 6 THAT BEARS NORTH 89'28'24" WEST WITH A DISTANCE OF 23.84 FEET;
THENCE NORTH 00'31'36" EAST ALONG THE WEST LINE OF SAID PARCEL 6 A DISTANCE OF 15.00 FEET
TO THE INTERSECTION OF THE WEST LINE OF SAID PARCEL 6 AND THE CENTERLINE OF AN EXISTING
15.00 FOOT WIDE WATER EASEMENT PER SAID PARCEL MAP NO. 82-560; THENCE SOUTH 89'28'24"
EAST ALONG THE CENTERLINE OF SAID WATER EASEMENT A DISTANCE OF 108.48 FEET TO A POINT,
HEREAFTER REFERRED TO AS POINT "A"; THENCE CONTINUING SOUTH 89'28'24" EAST ALONG THE
CENTERLINE OF SAID WATER EASEMENT A DISTANCE OF 58.36 FEET TO THE TRUE POINT OF BEGINNING
(T.P.O.B.) OF EASEMENT NO. 1; THENCE SOUTH 00'31'36" WEST A DISTANCE OF 20.00 FEET.
EASEMENT N0, 2 BEGINNING AT THE AFOREMENTIONED POINT "A" SAID POINT "A" BEING THE TRUE
POINT OF BEGINNING (T.P.O.B.) OF SAID EASEMENT NO. 2; THENCE SOUTH 00'31'36" WEST A DISTANCE
OF 20.00 FEET.
THE SIDELINES OF SAID EASEMENTS NO. 1 AND 2 TO TERMINATE NORTHERLY AT THE SOUTHERLY
SIDELINES OF SAID WATER EASEMENT PER SAID PARCEL MAP NO. 82-560.
EASEMENTS NO. 1 AND 2 CONTAINING A TOTAL LAND AREA OF 375 SQUARE FEET, MORE OR LESS.
m
SHOWN IN EXHIBIT "B", ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.
t
THIS DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE
PROFESSIONAL LAND SURVEYOR'S ACT. 00
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WARNER AVENUE
NOTE:
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THIS PLAT WAS COMPILED FROM �\0 E� sG
RECORD DATA PER PARCEL MAP GAP R� pL I o
NO. 82-560, P.M.B. 172/45-48
LEGEND 9
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EASEMENT LIMITS s�gTF of
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EXHIBIT B o,oAa A9,°, 95
1 OF 1 EASEMENTS FOR WATERLINES II TAIT °�'le"'°'a'� "'H °9'aaa N
CITY OF HUNTINGTON BEACH, CALIFORNIA
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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
CaliCali
Notary Public fornia
Orange County >
Commission 112204197
/ M omm,Expires Aug 4,2021 r
(Notary Sig ture) �J
',A, *? CITY OF HUNTINGTON BEACH
INTERDEPARTMENTAL COMMUNICATION
TO: Donna Switzer, Deputy City Clerk
FROM: Lili Hernandez, Senior Civil Engineer
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
(5) 7071 - 7251 WARNER AVENUE