HomeMy WebLinkAboutBayshore Oil Company Inc. & D.D. Dunlap Companies, Inc. - 2021-02-25 Batch 10377821 Confirmation Page 1 of 2
� Recorded in Official Records,Orange County
Hugh NglIuyen,Clerk-Recorder
NO FEE
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202100033369711:29 am 05120121 4
RECORDING REQUESTED BY ) 214 MM14A E02 7 f
AND WREN RECORDED RETURN TO: ) 0.00 0.00 0.00 0.00 tb.a°°.00 0.000.000.00 0.00
City Clerk )
City of Huntington Beach )
j 2000 Main Street ) 11
Huntington Beach,CA 92648 )
i
[Space above this line for Recorder's use.]
This doamrtt Is aolaly for the ofnrJM
Wonm of&A C?tY of Mntkrpton BaatA This dowment is exempt from
n contwromGd under rav+arnnvK Cod recording fees pursuant m
Sac 27383 and should-Da reccrdaa h«
jof drrpa Govcmmeat Cade Section 6103. (03Dy
JJ
SPECIAL UTILITY EASEMENT AGREEMENT
` For valuable consideration, receipt of which is hereby acknowledged$}:Shore nil
{i
1 Compyay Inc &D D. Dunlap Companies Inc. (hereinafter"GRANTOR") hereby grants
and conveysto the City of Huntington Beach, a municipal corporation of the State
! of Cali four ia,(hereinafter "CITY") a perpetual non-exclusive casement and right of
j way to install,maintain, repair, improve and relocate a pipeline or pipelines, with I(4
incidental ordinary andnecessary appurtenances and connection(s), in, on and under
said real property for itsentire length and full width as described on Exhibit.A (attached
1 hereto and incorporated bythis reference), and made a part hereof;and to construct
jstructurcs for the transmission anddelivery of water, or reclaimed water, including but
not limited to, manholes, measuring devices, air valves, blow-offs, stations, standpipes, `
t fire hydrants, and service connection structures appurtenant to said line or lines, which
structures may extend above the surfaceof the ground; together with the right to enter
and traverse upon other land of Grantor inorder to obtain access to and along said strip
i
of land and to deposit tools, implements andmaterial thereon by CITY, its officers, agents 4
and employees or by persons under contractto CITY, whenever and wherever tI
i) necessary for the purpose of laying, constructing,reconstructmg, renewing, f
inspecting, maintaining, operating, repairing, enlarging,replacing and using said !
t 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
g/apNrvrrncVspccil tiluv,,.uncnJl2W 1
1
https://gs.secure-recording.com/Batch/Confirmation/10377821 5/20/2021
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 Bay shore Oil
.C=p2Dy Inc K D D Dunlap Companies Inc. (hereinafter "GRANTOR") hereby grants
and conveysto the City of Huntington Beach, a municipal corporation of the State
of Cal ifomia,(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 andnecessary appurtenances and connection(s), in, on and under
said real property for itsentire length and full width as described on Exhibit A (attached
hereto and incorporated bvthis reference), and made a part hereof: and to construct
structures for the transmission anddelivery of water, or reclaimed water, including but
not limited to, manholes, measu ring 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 surfaceof the ground; together with the right to enter
and traverse upon other land of Grantor inorder to obtain access to and along said strip
of land and to deposit tools, implements andmaterial thereon by CITY, its officers, agents
and employees or by persons under contraetto 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
g/agree/surfnet/specil utility easement/12-07
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 perforniance 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
g/ngree/surfneUspecil utility nsemenV12-07 2
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 4-7 4—day of 0 _ 200�[
GRANTOR CITY OF HUNTINGTON BEACH, a municipal
corporation of the State of California
By !2 �r
print Director of Public Works
ITs: (circle one) Chairman reside -Nice
President ATTEST:
BA 1 City Clerk
(ruxruA%T ro rsesoLurrox no.2003-29)
print name
ITS: (circle o financial I \ ED D PROVED:
Officer/Asst ecretary -Treasurer
Cih•Administrator
APPROVED AS TO C
IL
VQ City Att ney
g/egred surfnet/specil utility ememem/12-07 3
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 May 20, 2021 before me, Donna Swilzer, Notary Public, 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.
DONNA SWITZER
WITNESS my hand and official seal. COMMISSION t2311601
E ! Notary Pu01iC-Caft fta
ORANGE COLWrY
Y,Ca . E.Wn NW'S,2023
(Seal)
(Notary Signature)
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 ) ss.
County of Ur/.Llvy f )
On r ' . 00 (date) beforeme, Cl. SS(�I� Ci'A Li't. IS , � )Cuc.�-
D'f-}n r, ,Srkt I (name and title of officer), personally appeared
t � .)tzL ID i l 11)/ . , who proved to me on the
basis of satisfactory evidence to be ke person whose name is subscribed to within the
instrument and acknowledged to me that�ie{ bcb executed the same in his/her authorized
capacity, and that by his/her signature on the instrument the person, or M tity upon behalf
of which the person acted, executed the instrument.
I certify that 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.
CA11k4DRA LO1115E BAUEH
CL��\ Js � �L t i t , .Notary Public-California -
Signature t ' 'L'V� � I�t _ CYO orange County
raj Commission 9 2249198
My Comm,E.pires Jul 8, 2022
(SEAL)
EXHI6IT A
LEGAL DESCRIPTION
THOSE CERTAIN PARCELS OF LAND LYING IN THE CITY OF HUNTINGTON BEACH, COUNTY OF
ORANGE, STATE OF CALIFORNIA, BEING A PORTION OF PARCEL 2 OF PARCEL MAP RECORDED
IN BOOK 10, PAGE 2 OF PARCEL MAPS, RECORDS OF SAID COUNTY MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
EASEMENT #1
A STRIP OF LAND 10'WIDE LYING 5'ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE.
BEGINNING AT THE WESTERLY TERMINUS OF THE CENTERLINE OF THAT WATERLINE EASEMENT
RECORDED MARCH 21, 1989 AS INSTRUMENT NO. 89-146007 OFFICIAL RECORDS OF SAID
COUNTY;
THENCE SOUTH 8919'51" WEST, 8.17 FEET;
THENCE SOUTH 00'40'09" EAST, 77.95 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT
'A'.
THENCE SOUTH 00'40'09" WEST, 179.05 FEET TO THE SOUTHERLY LINE OF SAID PARCEL 2,
BEING THE POINT OF TERMINUS
THE SIDELINES OF EASEMENT #1 SHALL BE LENGTHENED OR SHORTENED TO TERMINATE AT THE
WESTERLY TERMINUS OF THE SIDELINES OF SAID WATERLINE EASEMENT AS DESCRIBED IN SAID
INSTRUMENT NO. 89-1 46007.
EASEMENT #2
A STRIP OF LAND 30' WIDE LYING 15' ON EACH SIDE OF THE FOLLOWING DESCRIBED
CENTERLINE:
BEGINNING AT POINT "A"REFERRED TO HEREIN ABOVE; THENCE SOUTH 89'19'51" WEST, 35.58
FEET TO THE POINT OF TERMINUS.
THE SIDES OF SAID EASEMENT #2 SHALL BE LENGTHENED OR SHORTENED TO TERMINATE AT
THE SIDELINE OF SAID EASEMENT #1.
EASEMENTS #1 AND #2 CONTAINING 1,928 SQUARE FEET, MORE OR LESS
EASEMENTS #1 AND #2 SUBJECT TO COVENANT, CONDITIONS, RESTRICTIONS AND EASEMENTS
OF RECORD, IF ANY.
EASEMENTS #1 AND #2, MORE PARTICULARLY SHOWN ON EXHIBIT 13-ATTACHED HERETO AND
BY THIS REFERENCE MADE A PART HEREOF.
THIS DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION.
Lam
T Hp��GPo
1-06-2021 No 9309
TY EYTHOMAS DATE rlgT � `e
P.L.S. 9309 f OF av
PAGE 1 OF 1
1 EXHIBIT B
r ---------S89'19'S1"W--256.00''----}B I
Na ' ,D, EASEMENT NOTES: (40)
yl
1 —L N 5 [A] EASEMENT FOR WATERLINE AND INCIDENTAL
J p 8 ENS PURPOSES AND RIGHTS INCIDENTAL THERETO,
BJ I EP`' AS GRANTED IN A DOCUMENT RECORDED
P\• �� MARCH 21, 1989 AS RECORDING NO.
'I@S 89-146007 OF OFFICIAL RECORDS.
L4 li e
PROPOSED PUBLIC EASEMENT FOR
WATERLINE AND WATER LINE :),
II APPURTENANCES, CONSTRUCTION AND
MAINTENANCE.
0
W
I I of W
Line Table N
I Line # Direction Length 3I N
I I
L1 S89'19'51"W 8.17' o l 2
L2 S00'40'09"E 77.95' o
L3 S00'40'09"E 179.05' Z I Z
I I 0
I I 1_4 S89'19'51"W 35.58, C�
li J
I i i Q
1 �
I I
10 I i-.— S'LY LINE OF
l PARCEL 2 1
� II
P.O.T.
EASEMENT #1
DAVENPORT DRIVE
E. THpM4T(ipL /,� LEGEND
1-06-2021 P.O.B. POINT OF BEGINNING
TY . THOMAS DATE P.O.T. POINT OF TERMINATION
i No. 9309 P.L.S. 9309
N P _
�J�TFOF Ckv\ PREPARED BY: ; I TN:
NORTH T&M -750
GRAPHIC SCALE SURVEYING
CHECKED
so o zs so iv a IRE+xnDN eve. - TET
ORANGE, CA �'.
C-71a9*RM 0-71+9U oaz SHEET
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