HomeMy WebLinkAbout2010-09-20 - Easement Parksville Investment, LLC a California Limited Liability Company This Document electronically 1ncnrded by
City t untington Beach
Recorded in Official Records,Orange County
Tom Daly, Clerk-Recorder
RECORDING REQUESTED BY ) IIIIIIIIIIIIII NO FEE
AND WHEN RECORDED RETURN TO: 7 401 Al2 9 2010000617050 02:21 pm 11/18/10
1.00 0.00 0.00 0.00 24.00 0.00 0.00 0.00
City Clerk )
City of Huntington Beach )
2000 Main Street rc�r
Huntington Beach, CA 92648
[space above this line for Recorder's use.)
7NV x This document is exempt from
recording fees pursuant to
Govemment Code Section 6103.
SPECIAL UTILITY EASEMENT AGREEMENT
For valuable consideration, receipt of which is hereby acknowledged, Parksville
Investment, 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 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.
agree/city wide/special unto easement 1
GRANTOR retains the right to use the surface of the non-exclusive right to use
the subsurface areas of the easement 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 easement 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) 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 easement harmless against all
claims, liabilities or expenses, including costs and attorneys' fees, arising from
CITY's use of such area.
agree/city"idelspccia]utility emement
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
GRANTOR herein this c7 0 day of , 2010.
GRANTOR CITY OF HUNTINGTON BEACH,
Parksville Investment, LLC a municipal corporation of the State
a California Limited Liability Com any of California
O G
By:
RICHARD KIM
(print name) Director of Ilublic Works
ITS: (circle one) Chairman/Presiden
President/Assistant Secretary anaging Member ATTEST:
a
ity Clerk
By: URSUANT rO RESOLUTIO7 0. 2003.29)
JAY KIM
(print name)
APPROVED AS TO FORM:
ITS: (circle one)Chairman/Presiden ice
President/Assistant Secretary anagi ng M er
City Attorney
REVIE Z APPROVED:
City Administrator
apcdcuy w,deWmal unity)ca cnt 3
EXHIBIT "A"
WATERLINE EASEMENT DESCRIPTION
THAT PORTION OF PARCEL 1 AS SHOWN ON PARCEL MAP FILED IN BOOK 123,
PAGES 17 AND 18 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF ORANGE COUNTY, STATE OF CALIFORNIA, DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID PARCEL 1, THENCE,
ALONG THE NORTHERLY LINE OF SAID PARCEL 1 , SOUTH 89025'05" WEST 83.40
FEET TO THE TRUE POINT OF BEGINNING, THENCE, LEAVING SAID
NORTHERLY LINE, SOUTH 00034'55" EAST 8.00 FEET, THENCE SOUTH 89025,051,
WEST 23.16 FEET. THENCE SOUTH 00034'55" EAST 12.00 FEET; THENCE SOUTH
S
89025'05" WEST 26.90 FEET; THENCE SOUTH 00036'54" EAST 280.55 FEET;
THENCE SOUTH 89010'47" EAT 52.07 FEET; THENCE SOUTH 00°49'13" WEST
10.00 FEET: THENCE NORTH 89010AT WEST 61 .83 FEET; THENCE NORTH
00036'54" WEST 172.38 FEET; THENCE SOUTH 89°23'06" WEST 78.72 FEET,
THENCE NORTH 00036'54" WEST 10.00 FEET, THENCE NORTH 89023'06" EAST
78.72 FEET. THENCE NORTH 00036'54" WEST 111 .04 FEET; THENCE SOUTH
89025'05" WEST 14.26 FEET; THENCE NORTH 00034'55" WEST 10.00 FEET;
THENCE NORTH 89025'05" EAST 14,25 FEET. THENCE NORTH 00036'54" WEST
6.89 FEET TO SAID NORTHERLY LINE, THENCE ALONG SAID NORTHERLY LINE
NORTH 89025'05" EAST 60.08 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 5,277 SQUARE FEET MORE OR LESS
SEE EXHIBIT B, ATTACHED HERETO AND BY THIS REFERENCE MADE A PART
HEREOF.
SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RIGHTS, RIGHTS OF
WAY EASEMENTS, IF ANY, OF RECORD
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ASE E T
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L4 14�26' S 25'D5' IN
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ACI NOWLEAGMNIC
State of California
County of Lc ., Ai.Ar44;.je -
on Nov 8� - ) befort mc.
/7 (losvt nmm and dtle of the officu)
personally appeared }. , L,c�� C� � ,.
who proved to me on the basis of satisfactory evidence to be the person(s)whose name(sy is/arc
subscribed to the within instrument and acknowledged to me that helshetbey executed the same
in his/her/their autbori7ed capacity(ies), and that by his or/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
IBETH AA/Jt =
Comm.*M3373 N
WITNESS my hand and official seal. wVCIIS.
NOTARY PI�UC,CAU M FOfV
ento ArVei" Co,nry
Signature �l _ (Seal) e,- 3C 20
(This area for official notarial,rank)
Government Code 27361.7
1 certify trader penalty of perjury that the Notary Seal on the document to which this statement is
attached reads as follows:
Name of the Notary: 1 kW XNA Cj_L'-� he
Date Commission Expires: taL 3 o I ZO 1-0
County Where Bond is Filed: L • A
Commission Number: -it 3 3 3
ManufacturerNendor Number.
Place of Execution: Date:
Signature:
I certify under penalty of perjury and the laws of the State of California that the illegible portion
of this document to which this statement is attached reads as follows:
Placc Execution: ISO e1 1 y r�-5 a lle l Die ®�T 2-0 120 l .
Signature: L ""-�"`�' 'n
ACKNOWLEDGMENT
State of California
County of Los
On t-A o'� . $ ZD t 0 before me. Ilae#1n 1NIaf{i Nez Nct6.r P"6 I,C-
ared name IM dtk of dw offim
personally appeared � �`) t�`� `'�
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/arc
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authori7ed 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 tinder PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
111IM MARTINEZ
WTI'NMS my hand and official seal. U OO M.9"7133 S n
���//�• a) NOT US Arf"
GCS f
Signature '�` �� m �' •_ (Seat/) }, t oUNOW2%SM
(this area for official notarial w1I)
Government Code 27361.7
1 certify under penalty of perjury that the Notary Seal on the document to which this statement is
attached reads as follows:
Name of the Notary: I-LoQ} 11'1txj}- .vk V
Date Commission Expires: II - 30 - 2pk 3
County Where Bond is Filed: L, , A
Commission Number: 1-1 1 3 3 -] 3
ManufacturerNendor Number:
Place of Execution:
Date:
Signature; ' cam. YYlcc { .clot
I certify under penalty of perjury and the laws of the State of California that the illegible portion
of this document to which this statement is attached reads as follows:
PlaccExecution: Lot, �, (y" Date: _5EPT• 2O12010
Signature: "' '
ACKNOWLEDGMENT
State of California )
) ss
County of Orange )
On October 7, 2010 before me, P.L. Esparza,Notary Public for the State of California,
personally appeared Joan L. Flynn and Travis Hopkins 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 m hand and official seal. P L ESPA"A
y Commission N 1857021
i -• Notary Public -California z
Orange County
t Comm Es Tres Aug/, 2013 J
otary Signa
City of Huntingfn Beach
2000 Main Street • Huntington Beach, CA 92648
OFFICE OF THE CITY CLERK
JOAN L. FLYNN
CITY CLERK
DEED CERTIFICATION
CITY OF HUNTINGTON BEACH
This is to certify that the interest in real property conveyed by the Deed dated
SEPTEMBER 20, 2010, from PARKSVILLE INVESTMENT, LLC to the CITY OF
HUNTINGTON BEACH is hereby accepted by the undersigned officer or agent
on behalf of the City Council of the City of Huntington Beach pursuant to the
authority conferred by Resolution No. 3537 of the City Council of the City of
Huntington Beach adopted on August 7, 1972, and the grantee consents to the
recordation thereof by its duly authorized officer.
Dated October 12, 2010
CITY OF HUNTINGTON BEACH
12� i11111141
J N L. FLYNN, CMC
CITY CLERK
arta yaeeae/aaeocertzoos aoc
Govwnment Code§27267
Sister Cities: Ary Imole Waitakere, New Zealand
(Twpho : 771336.6227)