HomeMy WebLinkAbout2020-05-19 - Easement MGP XII Warner West, LLC Recorded In Official Records, Orange County
Hugh Nguyen, Clerk-Recorder
Ii'I�INNI�II����� IIp11111111111JI11 III ti0 FEE
1 R 0 0 1 2 2 0 5 2 9 9 E
2020000628414 11:05 am 11103/20
106 RW14A E01 10
RECORDING REQUESTED BY 0.00 0.00 0.00 0.00 27.00 0.00 0.000.000.00 0.00
AND WHEN RECORDED RETURN TO:
t City Clerk )
City of Huntington Beach ) (03d 8
2000 Main Street )
Huntington Beach, CA 92648 )
Space above this line for Recorder's use.
This docu nwrt a solely For dhe ofllclel
btsY+ew of the Oty of VMeK1rl7ton arch, This document is exempt from
w conterroleted under Government Code recording fees pursuant to
Sec 27363 end wxxild be recorded free Government Code Section 6103
of chw9e
SPECIAL U rILITY EASEMENT AGREEMENT
For valuable consideration, receipt of which is hereby acknowledged
MGP XII 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
{i 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
i
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,
t
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
RECORDING REQUESTI'D 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.
Thls document is solely for the Wool
business of the Gty of MmrtGptoo Beech, "Ibis document is exempt from
os contemplated under Goverment Code recording Ices pursuant to
Sec. 27383 and should'De recorded free Government Code Section 6103,
of charge.
SPECIAL UTILITY EASEMENT AGREEMENT
For valuable consideration.. receipt of which is hereby acknowledged
MGP X11 WARNER WEST, L.LC, 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 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 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) 1-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 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 casement and right of way herein granted. CITY shall not permit
anv 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 this101 day of I\-A&_&4 2020.
GRANTOR CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of
MGP XII WARNER WEST, LLC, California
a Delaware limited liability company 01
By: Merlone Geier XII, LLC, /
a California limited liability City Engineer
company
By:
a yl� �_ ATTEST:
Peter J. Merlone, President � � gi. t/OL i �a�c
City Clerk
(PUMAW n)0-MM T/UN.W..
2003-29)
REVIEWED AND APPROVED:
City Administrator
APPRO ED AS TO FORM:
' t 1
City Atimey
1829341.2
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE 91189
------- ------
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 Sor rev o va c:S c n
On Noy Iq t1OLo beforeme, G
Date Here Insert Name and Title of[he Officer
personally appeared ';N-4eX__ S t`Ay\or1f-
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
., [LIZ✓\6ETH FROST laws of the State of California that the foregoing
-\ Notary publrt-calliornts
t Sin rranclxo County ! paragraph is true and correct.
Commission 12257699
my Comm.Eapirn Sp 9,2022 WITNESS my hand and official seal.
Signature
Place Notary Seal and/or Stomp Above Sign Lure 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):
O Partner- ❑ Limited O General ❑ Partner - o Limited ❑ General
0 Individual O Attomey in Fact ❑ Individual ❑ Attorney in Fact
o Trustee o Guardian of Conservator 17 Trustee ❑ Guardian of Conservator
o Other: ❑ Other.
Signer is Representing: Signer is Representing:
C2017 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.
ACKNOWLEDGMENT
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.
D 4;Z4;V TMR
WITNESS my hand and official seal. - ,� cowISSKMe2311WI
Houwr WMc cewo
oivarf coum
�r cm Ew No S.2W3
(Notary Signature) ��
EXHIBIT "A"
LEGAL DESCRIPTION OF
WATER LINE, EASEMENT
TI TAT CER"FAIN STRIP 017 LAND IN "TI IF CITY 01: HUNTINGTON L3FACI"I, COUNTY OF
ORANGE, STATE OF CALIFORNIA. LYING WITHIN PARC131. 3, AS SI-IOWN ON
PARCEL MAP RECORDED NOVFMl31 R 9, 1966 IN 1300K 6 PAGE 2 OF PARCEL MAPS,
IN THE OFFICE OF SAID COUNTY RECORDER MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
STRIP II1
A STRIP OF LAND 10 FEET WIDE_ TI11 CENTERLINE OF WHICI I IS DESCRIBED AS
FOLLOWS:
BEGINNING (13013) AT THE NORTHEAST CORNER OF SAID PARCEL 3, "THENCE
SOUTHERLY ALONG TI IE L'ASTLRLY LINE OF SAID PARCEL ') SOUTH 00021 '46"
WEST 210.00 FEET TO TI IF TRUE POINT OF 13LGINNING ('13013) OF SAID STRIP OF
LAND; Tl II.-ME NORTH 89°26'04" WEST 172.28 FELi"I' TO A POINT I I ERE INAF E'R
REFERRED TO AS POINT "A"
TLII;NCF, NORTH 89°26704" WFS'1' 7-94 FEET TO A POINT HEREINAFIT.,R REFERRED
TO AS POINT "B"
"Il Il3NCF NORTH 89026'04" WE'S'F 25.40 FEET TO A POINT' ]11 12FINAF"1"} R REFERRED
TO AS POINT `C"
TI IENCE NORTH 89026104" WEST 24.07 FEET TO A POINT FE:RFINAFTFR RI FFRRED
TO AS POINT" `D"
TLIFNCI-1 NORTI 189026704" WF"ST 22.57 FEET TO A POINT I IF..RFINAFTFR RI::PFRRED
TO AS POINT "E"
THENCE, NORTH 89026'04" WI*-ST 31.27 FEET TO A P01N'I' I IFRLiI\AF'I'FR RF.FERRFSD
TO AS POIN"F `F"
THENCE NORTH 89026'04" WEST 13.07 FEET "f0 A POINT I-IFREINAFFFR REFERRED
TO AS POINT"G"
THENCE NORTI 189°26'04" WEST 77.62 I-'IiET TO A POIN"1' HFRFINAF"TFR REFERRED
TO AS POIN"T" ` I F7
'Il-IF,NCE' NORTH 89026'04" WEST 1 12.67 FEET TO A POINT" 1IBIZLiINAPI 1 R RFFFRRED
TO AS POINT "I"
THENCE: NORTH 89°26'04" WEST 36.68 FEl "I"TO A POIN'"1' I IERI INAF'ITiR RFFI RRE'D
TO AS POINT "J"
THENCE NORTH 89026'04" WF..ST 29.42 FL'•E"T MORE OR LESS TO THE: WESTERLY
LINE 01: SAI D PARCEL, 3. "1-}IE SIDELINES OF SAID STRIP N 1 TO BE' PROLONGED OR
SI IOR"TI NED TO 1'fRMINA'fF' A'1""I'f lE EAS"I'} RL.Y AND WESTERLY LING OP SAID
PARCELS.
STRIP N,2
A STRIP OF LAND 15.5 FEED WID1 , I IIE CEN E'RL[N13 OP WHICH IS DESCRIBED AS
FOLLOWS:
BEGINNING AT SAID POIN"T "A"; -TI-IENCE SOUT1-1 00' 337 56" WEST 33.19 FEET.
STRIP ;;)
A STRIP OF LAND 10 FEE' T WIDE, "11IF. CIiN"I ERLINI OF WI IC11 IS DESCRIBED AS
FOLLOWS:
BEGINNING AT SAID POIN"I "13"; "TI IENCFi NOR"I'FI 00' 33' 56" L'•AST 10.00 FGI T.
STRIP 44
A STRIP OF LAND 10 FlipF WIDE:. "I'1I[: CENTERLINE OF WHICH IS DESCRIBED AS
FOLLOWS:
BEGINNING AT SAID POIN'1"C": "1'1-1ENCE NOR'1.1-1 00° 3Y 56" EAST 10.00 H." T.
STRIP ;;5
A STRIP 01: LAND 10 FEET WIDE- TFIE CENTERLINE' OF WHICI I IS DL-'SCRIBF.D AS
FOLLOWS:
BEGINNING AT SAID POINT "D'; TI-IENCI:? SOUTH 00' JY 56" WEST 32.48 FEl T.
STRIP ;;6
A STRIP OF LAND 16 FEET WIDE- "Il-I1: CENTERLINE OF WHICH IS DI SCRIBLD AS
FOLLOWS:
BEGINNING AT SAID POINT' "E'; '1'1IENCI NORTH 00° 33' 56" EASI. 10.00 FELT.
SI-R I P ;;7
A STRIP OF LAND 10 FEET WIDE, "I 1EE CI:',N"TGRl_INE OF WHICH IS DLiSCRI13E.D AS
FOLLOWS:
BEGINNING AT SAID POINT "F "I-EII NCE NORTH 00° 3Y 56" EAST 10.00 FEET.
STRIP 08
A STRIP OF LAND 10 CENTERLINE OP WI-IICI-I IS DESCRIBED AS
FOLLOWS:
BEGINNING AT SAID POINT "G"; TI-IBNCE NORTH 00' 33' 56" L'•AST 10.00 FEE T-
STRII' #9
A STRII' CH LAND 10 1:13E:T WIDE. THE CI"NTERLINE OF WHICH IS DESCRIBED AS
FOLLOWS:
BEGINNING AT SAID POIN'I' "H'; "1-1IE14CE SOU"111 00' 33' 56" WEST 3180 FEET.
STRIP 410
A STRIP OF LAND 10 FE1 T WIDE, THE CENTERLINE OF WHICH IS DESCRIBED AS
FOLLOWS:
BEGINNING AT SAID POIN"I' "I T'I-11,NCE SOU'TI-1 00° 33' 56" WI S"T 33.22 FEET.
STRIP A 1 1
A STRIP OP LAND 10 PI I "T WIDE, "Tf IE CEN ERLINE OF WHICH IS DESCRIBED AS
FOLLOWS:
BEGINNING AT SAID POINT "J' 1T-If NCE NORTH 00' 33' 56" EAST 10.00 FELT.
This legal description was prepared by me or under my direction:
�RM � 07/OS/20
BE -I <. M A Y E R
pl EANpsG�G
O BERNHARD K.
a MAYER )
No.73i9
N'
LZ t
0
F
w 00 133alS 1S3MN3al00 m�
= o_
U1 "a iv
I
;OO:OIZ».M„9ti,1Z.0=S_--_ _
C) Frf \
I �
4
o a
m �
o1 wF
OwZ �
Z Cr
Cc) > w o
w wa ,4m%
p w
-
Z v'I --
= w F--
� ._ .
Z 0-1m
w w
Z
X w Q �`
W H w 'i
t1
u
m S�ll'� 4I nii-_
t I t
f 5J y N�d0 O�
r ¢w co Alt Q 91
0
his a 1�
�■ '/O&d is SSP
P I
I— 3NI� HOlVW4 I I
N
0
O
N 3NI� HOiVYY —�
w I-llI
11 a
v= Q�c�VOR is b�H I I a �I
g crw mn, 4 (h•l
Z�'a o
c
s z O JI I �-
20 m o
d 4
w�
N -- o
J � I l l a ❑ C
W in a-
U u] O
Z d
w � L 1T
z
Ji r
_ LJ
<
Ln
ww — zn
- z � �. I J J 0Z1
Icn
JLLJ
w a
W ¢ I N
LJ
i O n n r r N ^ m N OI O O m O O O O N O
O+ �f O N N O m `f' O O `t 0 O O m N o
O O M O O O c-� NM1 O
J 0 - o o o 0 o o o o ip i0 [O �p u t0 ip ip �p i0
m O 0 O 0 O O O O O O O
< u - � �n - m - - - - - n n n n n n n - - n
II 71 o m o� m a+ o� w 0 0 0 0 o o o 0 0 o o 0 0 0
_ m m m m m m m m m o 0 0 0 o 0
/ Z Z Z Z Z Z Z Z Z Z N Z Z 0 Z Z Z 0 N Z
J N n .t i!1 m h m O1 O
¢ C J J J J J J J J J J
U J
V)