HomeMy WebLinkAboutMGP XII Warner West, LLC - 2020-05-19 [ . Recorded In Official Records, Orange County
Hugh Nguyen, Clerk-Recorder
IIIIII1111]11IJIIRIIIls1111111111111111111111111111111111 NO FEE
2020000628414 11:05 am 11/03/20
}` 109 kW14A E01 16
# RECORDING REQUESTED BY 0.00 0.00 0.00 0.00 27.00 0.00 0.000.000.00 0.00
tf AND WHEN RECORDED RETURN TO:
City Clerk ) '
City of Huntington Beach ) 103Dg
2000 Main Street )
j Huntington Beach, CA 92648 )
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[Space above this line for Recorder's use.]
Thls doaenem Is sdety for ttw offldel
budra a of the City of Hundr9ton Beech. This document is exempt from
a contempt ted under Goventrnwd Cods recording feu pursuant to
Sec.27383 end WxxA U rxordad free Government Code Section 6103.
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SPECIAL UTILITY EASEMENT AGREEMENT
i For valuable consideration, receipt of which is hereby acknowledged
J! MGP XII WARNER WEST, LLC, a Delaware limited liability company, (hereinafter
i! "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
casement 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
c
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
i
material thereon by CITY, its officers, agents and employees or by persons under contract
jto CITY, whenever and wherever necessary for the purpose of laying, constructing,
reconstructing, renewing, inspecting, maintaining, operating, repairing, enlarging,
i
' 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
1
i
1828341.2
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 dwwr*M Is sot*for the office!
brskum of the City of Huntkvton Beech, This document is exempt from
as contemplated under Govenrrnant Code recording fees pursuant to
Sec. 27383 and should-be recorded frw Government Code Section 6103.
of charge.
SPECIAL UTILITY EASEMENT AGREEMENT
For valuable consideration, receipt of which is hereby acknowledged
MGP YII WARNER WEST, LLC, a Delaware 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 frill 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
1828341.2
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 casement 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 pennit
any claim, lien or other encumbrance arising from such use to accrue against or attach to
1828341.2
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 i ce" day of w eL 2020.
GRANTOR CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of
MGP XII WARNER WEST, LLC, California
a Delaware limited liability company
Bv: Merlonc Geier XII, LLC. /
a California limited liability City Engineer
company
y/l� �_By: ATTEST:
Peter J. Merlone, President
City Clerk
O'URSUdbT TO RFSOLUrlONNO.
2003-29)
REVIEWED AND APPROVED:
City Administrator
APPRO %ED AS TO FORM:
Q 1 City At mev
1828341.2
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 " w- >,o. a-.S c n
On tAO-A Iq 12O't_0 before me,
Date Here Insert Name and Title of the Officer
personally appeared �e-'�`� \. 1-'k4V1\0va
Nome(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
Q;�
ELIZABETH PROST laws of the State of California that the foregoing
Notary Public-California
San Francisco County paragraph is true and correct.
Commission a 2257699
.uy Comm.E.pires Sep 9.2022 WITNESS my hand and official seal.
Signature
Place Notary Seal and/or Stamp Above Sign ture of Notary Public
OPTIONAL
Completing this information can deter alteration of the document or
fraudulent reattachment of this form to on unintended document.
Description of Attached Document
Title or Type of Document:
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 - ❑ Limited ❑ General ❑ Partner - ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact
❑ Trustee In Guardian of Conservator ❑ Trustee ❑ Guardian of Conservator
❑ Other: ❑ Other:
Signer is Representing: Signer is Representing:
02017 National Notary Association
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.
ACKNO WLEDGNI-ENT
STATE OF CALIFORNIA )
) ss
COUNTY OF ORANGE )
On November 3, 2020 before me, Donna Switzer, 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;ZZER
WITNESS my hand and official seal. 1�) COMMISSION.2311�t
i - Notary Public-CWlomln
E ORANGE COLK"
NM Cave.Ewn Nw S.2023
2 t// (Seal)
(Notary Signature)
EXHIBIT "A"
LEGAL DESCRIPTION OF
WATER LINE EASEMENT
THAT CERTAIN STRIP OF LAND IN THE CITY OF HUNTINGTON BEACH, COUNTY 01'
ORANGE, STATE OF CALIFORNIA, LYING WITHIN PARCEL 3, AS SHOWN ON
PARCEL NIAP RECORDED NOVEMBER 9, 1966 IN BOOK 5 PAGE 2 OF PARCEL MAPS,
IN THE OFFICE OF SAID COUNTY RECORDER MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
STRIP #1
A STRIP OF LAND 10 FEET WIDE, THE CENTERLINE OF WHICH IS DESCRIBED AS
FOLLOWS:
BEGINNING (POB) AT THE NORTHEAST CORNER OF SAID PARCEL 3, TFIENCE
SOUTHERLY ALONG THE EASTERLY LINE OF SAID PARCEL 3 SOUTH 00021 '46"
WEST 210.00 FEET TO THE TRUE POINT OF BEGINNING (TPOB) OF SAID STRIP OF
LAND; THENCE NORTH 89°26'04" WEST 172.28 FEET TO A POINT HERE INAFT E'R
REFERRED TO AS POINT "A"
THENCE NORTH 89026'04" WEST 7.94 FEET TO A POINT HEREINAFTER REFERRED
TO AS POINT "B"
THENCE NORTH 89026'04" WEST 25.40 FEET TO A POINT HERENAFTER REFERRED
TO AS POINT `C"
THENCE- NORTH 89°26'04" WEST 24.07 FEET TO A POINT HERENAFTER REFERRED
TO AS POINT "D"
THENCE NORTH 89026704" \VEST 22.57 FEET TO A POINT HEREINAFTER REFERRED
TO AS POINT "E"
THENCE NORTH 89026'04" WF.,ST 31.27 FEET TO A POINT HERENAFTER REFERRED
TO AS POINT "F"
THENCE NORTH 89026'04" WEST 13.07 FEET TO A POINT HERENAFTER REFERRED
TO AS POINT "G"
THENCE NORTH 89026'04" WEST 77.62 FEET TO A POINVI HEREINAFTER REFERRED
TO AS POINT "1-17
THENCE NORTH 89026T4" WEST 112.67 FEET TO A POINT HEREINAFTER REFERRED
TO AS POINT "1"
THENCE NORTH 89026'04" NVEST 36.68 FEET TO A POINT FIERENAF'TER REFERRED
TO AS POINT "J"
THENCE NORTH 89026'04" WEST 29.42 FEET MORE OR LESS TO THE WESTERLY
LINE OF SAI D PARCEL 3. THE SIDELNIES OF SAID STRIP #1 TO BE PROLONGED OR
SHORTENED TO TERMINATE AT TFIE EASTERLY AND WESTERLY LINE OF SAID
PARCEL. 3.
STRIP #2
A STRIP OF LAND 155 FEET WIDE, THE CENTERL.NE OF WHICH IS DESCRIBED AS
FOLLOWS:
BEGINNING AT SAID POINT "A'; THENCE SOUTH 00° 33' 56" WEST 33.19 FEET.
STRIP #3
A STRIP 01, LAND 10 FEET WIDE, TFIE CENTERLINE OF WHICH IS DESCRIBED AS
FOLLOWS:
BEGINNING AT SAID PONT "B'; TFIENCE NORTH 00' 33' 56" EAST 10.00 FEET.
STRIP #4
A STRIP 017 LAND 10 FEET WIDE, THE CENTERLINE OF WHICH IS DESCRIBED AS
FOLLOWS:
BEGNNIIG AT SAID PONT "C'; THENCE NORTH 00° 33' 56" EAST 10.00 FEET.
STRIP #5
A STRIP OF LAND 10 FEET WIDE, THE CENTERLNE OF WHICH IS DESCRIBED AS
FOLLOWS:
BEGINNING AT SAID POINT "D": THENCE SOUTH 000 33' 56" WEST 32.48 FEET.
STRIP #6
A STRIP OF LAND 16 FEET WIDE, THE CENTERLINE OF WHICH IS DESCRIBED AS
FOLLOWS:
BEGINNING AT SAID POINT "E'; TFIENCE NORTH 00' 33' 56" EAST 10.00 FEET.
STRIP #7
A STRIP OF LAND 10 FEET WIDE, THE CENTERLINE OF WHICH IS DESCRIBED AS
FOLLOWS:
BEGINNING AT SAID POINT "F'; THENCE NORTH 00' 33' 56" EAST 10.00 FEET.
STRIP its
A STRIP OF LAND 10 FEL'"I WIDE, "THE CEN IERL.INE OF WHICH IS DESCRIBED AS
FOLLOWS:
BEGINNING AT SAID POINT "G'; THENCE NORTH 00° 33' 56" EAST 10.00 FEET.
STRIP "9
A STRIP OF LAND 10 FEET WIDE. THE CENTERLINE OF WHICH IS DESCRIBED AS
FOLLOWS:
BEGINNING AT SAID POINT "H'; 'IFIENCE SOUTH 00' 33' 56" WEST 32.90 FEET.
STRIP 1110
A STRIP OF LAND 10 FEET WIDE, TFIE CENTERLINE OF WHICH IS DESCRIBED AS
FOLLOWS:
BEGINNING AT SAID POINT "I'; THENCE SOUTH 000 33' 56" WEST 33.22 FEET.
STRIP tt11
A STRIP OF LAND 10 FEET WIDE_, THE CENTERLINE OF WHICH IS DESCRIBED AS
FOLLOWS:
BF..GIN rN'1NG AT SAID POINT "J'; 'THENCE NORTH 00' 33' 56" EAST 10.00 FEET.
This legal description was prepared by me or under my direction:
07/08/20
BERNHARPI,. MAYER
,4pl.LANpsG9a
O BERNHARD K. �<
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