HomeMy WebLinkAbout2021-02-25 - Easement Bayshore Oil Company Inc. & D.D. Dunlap Companies Inc. Batch 10377821 Confirmation Page 1 of 2
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Recorded in Official Records, Orange County !
Hugh Nguyen. Clerk-Recorder j
NO FEE
2021000333697 11:29 am 05120I21
RECORDING REQUESTED BY ) 214 Rw14A Foe 7
AND WHEN RECORDED RETURN TO: ) 0.00 0.00 0.00 o.00 18.00 OMo.000.000.00 0.00
)
City Clerk )
City of Huntington Beach )
2000 Main Street )
Huntington Beach,CA 92648 )
[Spat above mu line for Record=*,use]
This dacirwit It 0aldy for the tsN1c1a1
G�Irsr Of the city of AmurPa^SOWN This document a exempt from
J m con4rnetrtad andw Gowmrnt Code mi:ordma far punumt to
St 27383 and a kf be necorcod hN Government Code Secuan 6103.
of ossrye.
SPECIAL UTILITY EASEMENT AGREEMENT
For valuable consideration,receipt of which is hereby acknowledged Bayshorc Oil i
Company Inc.&D D.Dunlap ompaoies Inc. (hereinafter"GRANTOR")hereby grants
and conveysto the City of Huntington Beach, a municipal corporation of the State
! of Califomia,(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 itscntirc length and full width as described on Exhibit A(attached
hereto and incorporated bythis reference), and made a part hereof; and to construct j
structures for the transmission anddelivery of water, or reclaimed water, including but
not limited to, manholes, measuringdevices, air valves, blow-offs, nations, standpipes,
fire hydrants, and service connectionstructures appurtenant to said line or lines, which I
structures :nay e'ctend above the surfaceof the ground; together with the right to enter I
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
and employees or by persons under contractio CITY, whenever and wherever
necessary for the purpose of laying, con strutting,reconstructing, renewing, i
inspecting, maintaining, operating, repairing, enlarging,replacing and using said
1
� water transmission and delivery line or lines.
! Grantor retains the right to use the surface areas and the non-exclusive right to use
ithe subsurface areas of the casement and right of way in such manner as Grantor shall j
I
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hUps://gS.SeCLire-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 DjyjhoreQjl_
Company Inc R D.D. Dunlap Companicslnc. (hereinafter "GRANTOR") hereby grants
and conveysto the City of Huntington Beach, a municipal corporation of the State
of Cali forn ia,(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 bythis 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, measuringdev ices. 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 inorderto 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 contractto 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/ugreelsurtnedspecil utilinv easement/12-07
deem proper. Grantor may request CITY to change or relocate CITY's water mains or any
equipment incidental thereto, at Grantors expense. In the performance ofany of the work
which CITY is authorized to perfonn 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 casements 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/agree/sudnel/specil uiilih easnmenVl2-07 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 day of 209�[.
GRANTOR CITY OF HUNTINGTON BEACH, a municipal
corporation of the State of California
By
print FXMC jr&i;4 Director of Public Works
ITS: (circle one)Chairman ide ice
President ATTEST: /�
(S Hv TQi1LtQ�K�^�
By. City Clerk
vuxsruxr mxmurrrroNNr).2003-29/
print name
ITS: (circle 'Phis nancia] tnrz
ROVED:
Officer/Asst cretary -Treaswer
City Administrator
APPROVED S TO FO
City Att ney
g,agreNsur(neuspixd uunn ca m,121A17 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 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 SWITZER
WITNESS my hand and official seal. COMMISSION 82311601
Mowry VubK-Caw m
00AM col
M[om rwti w. S.IO2D
f ticall
(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 )
On rCb (date) before me, CA S Va It' 4
(name and title of officer), personally appeared
who proved to me on the
basis of satisfactory evidence to b,.: ke pe�rsso�ny�whose name is subscribed to within the
instrument and acknowledged to me that rae%sst}}}-�eexecuted the same in r authorized
capacity, and that by his/her signature on the instfu'lnent the person, or Mhhtity 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. /" �
C�t��t !/ Vl CwSSurPMIOUKEMUEa
Notary Public-
Signature _ i - � OraeteCamtnry
ry
COmmg11M a 2249191
My Comm.Eapvay Jul a,2o22
(SEAL)
EXHIBIT 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 89'19'51" 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 k1 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 N2
A STRIP OF LAND 30' WADE 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 N2 SHALL BE LENGTHENED OR SHORTENED TO TERMINATE AT
THE SIDELINE OF SAID EASEMENT #I.
EASEMENTS #1 AND #2 CONTAINING 1.928 SQUARE FEET, MORE OR LESS
EASEMENTS #1 AND N2 SUBJECT TO COVENANT, CONDITIONS, RESTRICTIONS AND EASEMENTS
OF RECORD, IF ANY.
EASEMENTS y1 AND 02, 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.
/
1-06-2021 No.o. 9 9TY �
P.L S. 9309AS DATE J?�rF cx\-\�`!
PAGE 1 OF 1
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o " ,D• EASEMENT NOTES: I lit (40
] EASEMENT FOR WATERLINE AND INCIDENTAL
PURPOSES AND RIGHTS INCIDENTAL THERETO,
9J �PS`Mp AS GRANTED IN A DOCUMENT RECORDED
Pt �ti MARCH 21, 1989 AS RECORDING NO.
89-146007 OF OFFICIAL RECORDS.
L--- PROPOSED PUBLIC EASEMENT FOR
Q WATERLINE AND WATER LINE
APPURT[tW4CES, CONSTRUCTION AND
MAINTENANCE,
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L3 S00.40'09"E 179.05' =I Z
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a Ty . THOMAS DATE P.O.T. POINT OF TERMINATION
No. 9309 P.L.S. 9309
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OF CAv PREPARED BY: 3N
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GRAPHIC SCALE SURVEYING
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