HomeMy WebLinkAbout2014-01-09 - Easement Freeway Industrial Park, a California Corporation and HB Boardwalk, LLC, a Deleware Limited Liabilit This Document w lectronically recorded by
City of�tington Beach
Recorded In Official Records,Orange County
Hugh Nguyen, Clerk-Recorder
RECORDING REQUESTED BY ) 111111„""„"III'NO FEE
AND WHEN RECORDED RETURN TO: 1 2014000054454 10:03am 02/11/14
276 402 E02 F13 13
1).00 0.00 0.00 0.00 36.00 0.00 0.00 0.00
City Clerk )
City of Huntington Beach )
2000 Main Street ) e
Huntington Beach, CA 920-48 )
[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, Freeway
Industrial Park, a California corporation and HB Boardwalk, 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 full width as described on Exhibit A and Exhibit B (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.
agrec/city wide/special utility casement I
so
GRANTOR retains the right to use the surface of the non-exclusive right to use
the subsurface areas of the casement and right of way in such manner as GRANTOR
shall 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 casement or right of way.
GRANTOR shall not alter the grade, surface or overhead conditions without prior written
approval from CITY. There shall 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 overhead 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) I-lave no obligation for maintenance, repair or replacement of enhanced
pavement treatments, landscaping or irrigation facilities; and
(d) Hold GRANTOR and other users of the easement harmless against all
claims, liabilities or expenses, including costs and attorneys' fees, arising from
CITY's use of such area.
agree/city Hidelspecial utility"emcnt 2
0 •
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
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
J
GRANTOR herein this day of AMLt 2014.
GRANTOR CITY OF HUNTINGTON BEACH,
FREEWAY INDUSTUTAL PARK, a municipal corporation of the State
a California corporation of California
By 1 r � s
J AIre TiZoi<E 2 n sxY
(print name) Director o P is Works
ITS: (circle one) Chairm residen ice
President/Assistant Secre ATTEST:
Gt3fClerk
GRANTOR L'AM70 RFSOLU/70.N N0. 3-29)
HB BOARDWALK, LLC,
APPROVED AS TO FORM:
a Delaware Limited Liability Company
By: sz,
�M� Tvoitv
(print name) 2 I City Attorney
ITS: circle one) Chainnan/Presiden6i
Presiden Assistant Secretary REV
By: J i� City Manager
(print name)
ITS: (circle one) Secretary
Chief Financial Officer/Asst. Secretary -Treasurer
Rum CON %1&%pcc1a1 a aN cawmcm 3
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NOTARY ACKNOWLEDGEMENT
State of QAu FoON^ )
County of ()FAA6 E SS)
On this I R 1 before me, A U ISaII4 H l LL M�A� �L
DATEME,NA TITLE OF OFFICER•E.G.,'JANE DOEDOE,NPUBLIC
personally appeared J A 4 r-rrE 'r9-d1krT r- D fnLrjt L— �
NAME(S)OF SIGNER(S)
who proved to me on the basis of satisfactory evidence to be the personkwhose name
islwsubscribed to the within instrument and acknowledged to me that helshe/they executed
the same in h*sber'their authorized capacity Zte4 and that by +her/their signaturcKon the
instrument the person,or the entity upon behalf of which the person 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 m �L1.d(/;��� ��.� ALLISON HILL
SIGNATURE t CommtultM • 199MW57
Notary Public in and for said State Notary Publle -Calnon'a
I 4 orange Cowry
i���N my Comm Ea ins Dee 3, 2016 J
(NAME PRINTED)
G1Enginaring DivisimViemandu%DEVELOPMEN \Water Fascmcnm`Edinger 7441 (Boardwalk Apts)'Ncw Notan Statcmrnt 103-
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NOTARY ACKNOWLEDGEMENT
State of CALIFCW-NIft )
) SS
County of OIQ�f- ) L
On this 11'f 1 "- before me, Ai,"sot f F* I w J�OrA2 �UguC
DA II NAME.TITLE OF OFFICER-E G.), NE DOE.N TARY PUBLIC
U
personally appeared pcM f-S C. I VQ Y
NAME(S)OFS NER(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 ties), 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 of the State of California that the
foregoing paragraph is true and correct.
Witness my ha
SIGNATURE '�
Notary Public in and for sai tate ALLISON HILL
n �� �I u' Notify
fan r 1g99E57
Y NOgfy PyWK - CIIAOfMI
(NAME PRINTED) — Ofinga County
1
01"m Ea a Doc 3, 2016
G Tfigmccnng Dlvlston\Ilcmandei DEVEI.OPMENT1Wata Easemenu\Edinga 7411 (Boardwalk Apts)Wcw Notary Statement 103-
05-080m doc
0
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of DkRn1G�
On - An1I1T2 /—r �G1 before me. J,JaDk c3• L�A1135 'nd/ �1� y t0l(&il
�o wn w.n wins ane rn.a ard, '
personally appeared
Nemete)of et
who proved to me on the basis of satisfactory evidence to
be the personal whose name(s) is/afe subscribed to the
within instrument and acknowledged to me that
he/sho4hW executed the same in his/h%Ahetr authorized
capacity(ie ,). and that by hmtefHhe r signature(4 on the
instrument the person4, or the entity upon behalf of
which the persono acted, executed the instrument.
tINOA 5 wA*soN I certify under PENALTY OF PERJURY under the laws
Cammusron at 1916867 z of the State Californiahe f
LI )
Koury vuot c CAirtorn A tate o tat t oreoin: g g paragraph is
mange County true and correct.
M Comm Igo Jan 9 7015
WITNESS my hand and official seal. y
Signature�J'� Li /�u�r
w.ca Noary sw.ate SprrM�a Rcec
OPTIONAL
Though the information below is not required by law it may prove valuable to persons relying on the document
and could prevenf fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document.
Document Date: Number of Pages.
Signers) Other Than Named Above.
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name.
Individual Individual
Corporate Officer—Tifle(s): Corporate Officer—Title(s):
Partner — Limited General Partner — Limited General
Attorney in Fact Attorney in Fact
�i ..,•.r:,F,N ,: ..,..r.•.
Trustee r,m Trustee
Guardian or Conservator Guardian or Conservator
Other: Other.
Signer Is Representing: Signer Is Representing.
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CML CODE s 1199
State of California
County of
On fEB 5 �/ before me, IL) L - 6:E�/-W 2W
personally appeared i2e //J >460X/iu.i R,ti) �c;; t . l V,',).-) t�
rrr.t.,.r s4.x.l
who proved to me on the basis of satisfactory
evidence to be the persor6s whose names) .
subscribed to the within instrument and acknowledged
to me that _helsh f�t�e�executed the same in
hi A*Aheir,�authorized capacities), and that by
hi~hei0 signatures on the instrument the
persoq s) or the entity upon behalf of which the
persoWacted, executed the instrument.
P L ESPARZA I certify under PENALTY OF PERJURY under the
0Zo7Z75g
NotarOI&Fyy PUDIK -Caldorr9. laws of the State of California that the foregoing
v uM
ornng.county ' paragraph is true and correct.
Lamm E rn 4.2p1T J
WITNESS my h official se I.
Signature:
P> Noun sw Aoo-a sp.u.a rtu
OPTIONAL
Though the in101maton below is not required by law, it may prove valuable to persons relying on dN document
Arid could prevent fraudulent removal and reattachment of this form to another doppnff t.
Description of Attached Docuummil
Title or Type of Document: a77e_1ZX fr`hy�u% Zsr1
Document Date: _ �1f,�J_ Llrl�-� �� .�D,/� Number of Pages:
Slgner(s) Other Than Named Above:
Capecity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Corporate Officer — Title(s): Corporate Officer — Title(s):
❑ Individual Individual
❑ Partner — Limited General Partner — Limited General
G Attorney in Fact Attorney in Fad
Trustee Trustee
Guardian or Conservator Guardian or Conservator
Other: Other:
Signer Is Representing. _ Signer Is Representinghm
0 2012 National Notary Association•NationalNotary.org. 1-800-US NOTARY(1-800-876-6827) Item 05907
. t
EXHIBIT "A"
LEGAL DESCRIPTION
PUBLIC EASEMENT DEDICATION
PARCEL A
TI IAT CERTAIN PARCEL OF LAND SITUATED IN THE CITY OF HUNTINGTON
BEACH, COUNTY" OF ORANGE. STATE OF CALIFORNIA, BEING A PORTION
OF PARCEL I OF LOT LINE ADJUSTMENT NO. 10-007, RECORDED MAY 4, 2011
AS INSTRUMENT NO. 201 1000225797 IN THE OFFICE OF THE ORANGE
COUNTY RECORDER, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE CENTERLINE INTERSECTION OF EDINGER AVENUE
AND GOTHARD AVENUE: THENCE EASTERLY ALONG THE CENTERLINE OF
SAID EDINGER AVENUE SOUTH 8903223" EAST 190.06 FEET TO ITS
INTERSECTION WITH A SOUTHERLY PROLONGATION OF A WESTERLY LINE
OF SAID PARCEL l:
THENCE NORTHERLY ALONG SAID PROLONGATION NORTH 0015'58" EAST
50.00 FEET TO THE MOST SOUTHERLY CORNER OF SAID WESTERLY LINE.
SAID CORNER BEING THE TRUE POINT OF BEGINNING:
']HENCE CONTINUING NORTHERLY ALONG SAID WESTERLY LINE OF
PARCEL I NORTH 0015'58" EAST 42.68 FEET:
TI-IENCI SOU I-I 89044'22" EAST 194.12 FEET:
THENCE' NORTH 0015'38"EAST 8.08 FEET;
THENCE SOUTH 89044'22" EAST 4.71 FEET:
THENCE NORTH 001 5'38"EAST3.75 FEET:
THENCE SOUTH 89044'22" EAST 1 1.17 FEET:
THENCE NORTH 0015'38"EAST 101.62 FEET TO THE BEGINNING OF A NON
TANGENT CURVE. CONCAVE EASTERLY, HAVING A RADIUS OF 46.00 FEET.
A RADIAL LINE OF SAID CURVE FROM SAID BEGINNING BEARS NORTH
69011'20" EAST:
THENCE NORTHERLY ALONG SAID CURVE 16.83 FEET THROUGH A
CENTRAL ANGLE OF 20°57'52":
THENCE NORTH 59044'23" WEST 19.83 FEET TO THE BEGINNING OF A CURVE.
CONCAVE NORTHEASTERLY. HAVING A RADIUS OF 58.00 FEET:
THENCE NORTHWESTERLY ALONG SAID CURVE 33.09 FEET THROUGH A
CENTRAL ANGLE OF 32041'04" TO THE BEGINNING 017 A REVERSE CURVE
CONCAVE SOUTHWESTERLY. HAVING A RADIUS OF 5.00 FEET, A RADIAL
LINE "CO SAID BEGINNING BEARS NORTH 62056'43" EAST :
THENCE NORTHWESTERLY ALONG SAID CURVE 5.47 FEET THROUGH A
CENTRAL ANGLE OF 62°41'05":
THENCE NORTH 89044'22" WEST 9.02 FEET:
THENCE NORTH 0015'38" EAST 475.65 FEET TO THE BEGINNING OF A CURVE..
CONCAVE SOUTHWESTERLY. HAVING A RADIUS OF 2.00 FEET:
TI-IINCE NORTHWESTERLY ALONG SAID CURVE 3.14 FEETTHROUGH A
CENTRAL ANGLE, OF 90°00'00":
THENCE NORTH 89044'22" WEST 257.07 FEET:
THENCE NORTH 44044'23" WEST 18.38 FEET;
THENCE NORTH 89044'22" WEST 14.56 FEET TO THE BEGINNING OF A CURVE,
CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 19.00 FEET:
THENCE SOUTHWESTERLY ALONG SAID CURVE 14.47 FEET THROUGH A
CENTRAL ANGLE OF 4303T53" TO A POINT ON A LINE THAT IS PARALLEL.
WITH AND 44.00 FEET EASTERLY OF THE CENTERLINE OF GOTHARD
AVENUE:
THENCE NORTHERLY ALONG SAID PARALLEL LINE NORTH 0015'58" EAST
48.49 FEET TO THE BEGINNING OF A NON-TANGENT CURVE. CONCAVE
NORTHERLY, HAVING A RADIUS OF 19.00 FEET. A RADIAL LINE OF SAID
CURVE FROM SAID BEGINNING BEARS NORTH 4305216" EAST:
THENCE EASTERLY ALONG SAID CURVE 14.46 FEET THROUGH A CENTRAL
ANGLE OF 43°36'38":
THENCE SOUTH 89044'22" EAST 14.56 FEET;
THENCE NORTH 45015'38" EAST 9.90 FEET:
THENCE SOUTH 89044'22" EAST 40.86 FEET:
THENCE NORTH 0015'38" EAST 6.00 FEET:
THENCE SOUTH 89044'22" EAST 288.60 FEET;
TIIENCE SOUTI 10015'38" WEST L3.09 FEET TO THE BEGINNING OF A NON-
TANGENT CURVE. CONCAVE WESTERLY. HAVING A RADIUS OF 43.01 FEET,
A RADIAL LINE OF SAID CURVE TO SAID BEGINNING BEARS NORTH
31°09'25" EAST;
THENCE SOUTHERLY ALONG SAID CURVE 88.73 FEET THROUGH A
CENTRAL ANGLE OF 1 18°12'58":
THENCE SOUTH 0015'38" WEST 160.06 FEET;
THENCE SOUTH 89044'22" EAST 3.40 FEET;
THENCE SOUTH 2301625" EAST 35.84 FEET`.
THENCE SOUTH 84004'49" WEST 12.78 FEET;
THENCE SOUTH 0015'38" WEST 10.63 FEET;
THENCE SOUTH 45015'38" WEST 2.93 FEET TO THE BEGINNING OF A CURVE.
CONCAVE EASTERLY. HAVING A RADIUS OF 10.00 FEET:
THENCE SOUTHERLY ALONG SAID CURVE 7.85 FEET THROUGH A CENTRAL
ANGLE OF 45000'00":
THENCE SOUTH 0015'38" WEST 185.65 FEET:
THENCE SOUTH 89044'22" EAST 3.18 FEET:
THENCE SOUTH 0015'38" WEST 39.52 FEET TO THE BEGINNING OF A CURVE,
CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 10.00 FEET;
THENCE SOUTHEASTERLY ALONG SAID CURVE 19.67 FEET THROUGH A
CENTRAL ANGLE OF 112°42'22" TO THE BEGINNING OF A REVERSE. CURVE,
CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 46.00 FEET, A RADIAL
LINE OF SAID CURVE TO SAID BEGINNING BEARS NORTH 22026'44" WEST;
THENCE SOUTHEASTERLY ALONG SAID CURVE 109.92 FEET THROUGH A
CENTRAL ANGLE OF 136°54'35";
THENCE SOUTH 0015'54" WEST 98.12 FEET;
THENCE' SOUTH 89044'22" EAST 12.83 FEET;
THENCE SOUTH 0015'38" WEST 12.50 FEET;
THENCE SOUTH 89044'22" EAST 147.89 FEET TO A POINT ON THE EASTERLY
BOUNDARY OF SAID PARCEL l:
THENCE SOUTHERLY ALONG SAID EASTERLY BOUNDARY OF PARCEL I
SOUTH 001547" WEST 44.79 FEET TO THE SOUTHEAST CORNER OF SAID
PARCEL I ALSO BEING A POINT ON A LINE PARALLEL WITH AND 50.00 FEET
NORTHERLY OF THE CENTERLINE OF EDINGER AVENUE:
THENCE WESTERLY ALONG SAID PARALLEL, LINE NORTH 89032'23" WEST
455.60 FEET TO THE. TRUE POINT OF BEGINNING.
CONTAINING: 2.078 ACRES MORE OR LESS
EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCI MADE A PART
HEREOF.
SUBJECT TO: COVENANTS, CONDITIONS. RESTRICTIONS, RIGHT OF WAY
AND EASEMENTS OF RECORD. IF ANY
PREPAREDNER THE UPER ION OF:
2 c`; G!i!:fORY:i
o
G EC RY S. BORCHARD. LS 7705
MY -GISTRATION EXPIRES: 12/31/14 7705 #
s
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Amok
INDEX MAP
PARCEL 1
SHEET 37
PARCEL A
. 78AC.
I LLE: 1 =120
II
LOT LINE ADJUSTMENT I10-007
� QI
SHEET 2
1NST. NO.
2011000225797, O.R.
L - - - -� EDINGERAVE- _ - - J
EXHIBIT "B"
SKETCH TO ACCOMPANY
A LEGAL DESCRIP77ON FOR
CITY OF HUNTINGTON BEACH
PUBUC ASfMENT DEDICATION
PARCEL A SHEET 1 OF 3 SHEETS
CONTAINING: 2.078 AC.f DECEMBER 11, 2013 UR1202
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��� %�c o o 6po 44 PARCEL 1 2Be.so' 1
2L'48
N45'1Gj
5.38`E W
40, 9.90' 50015'309'
4 '15'58"E PARCEL A
44• 9' d=118'12.58`
N44'44'23"W 2.078 AC.t R=43.01'18.38' L=B8.73"
N89'44 W 25707
h� �o Ln
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21
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SCALE- 1"--60'
rp
Q 3
aW
V R
LOT LINE ADJUSTMENT 10-007 S23'16'25"E
35.84'
S84'04'49"W
12.78'
S00'15'38"W
10.63'14
45'00 00. `OD rn
p R 10 g5 b nN
v r
b h
INST. NO, 201 1000225797, O.R. 3
m
40, z
I I
EXH/BI T nB n SEE SHEET 2
SKETCH TO ACCOMPANY
A LEGAL DESCR/PTIGW FOR
CITY OF HUNIINGTON BEACH
PUBLIC EASEMENT DEDICATION
PARCEL A SHEET 3 OF 3 SHEETS
CONTAINING: 2.078 AC.t DECEMBER 11, 2013 UR1202