HomeMy WebLinkAbout2019-08-14 - Easement Sparks Enterprises, L.P. Batch 6925108 Confirmation Page 1 of 2
' Recorded in Official Records,Orange County
Hugh Nguyen.Clerk-Recorder mm I
NO FEE
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RECORDING REQUESTED BY )
AND WHEN RECORDED RETURN TO: )
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City Clerk )
j City of Huntington Beach )
2000 Main Street )
Huntington Beach,CA 92648 )
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SPECIAL UTILITY EASEMENT AGREEMENT
For valuable consideration, receipt of which is hereby acknowledged, SPARKS
ENTERPRISES, L.P., (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 non-assignable 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 as
described and limited on Exhibit A (attached hereto and incorporated by this reference),
and made a pan hereof; and to construct structures for the transmission and delivery of
water, or reclaimed water, including but not limited to, manholes, measuring devices, air
vahes, 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,
wnstructing, rewnstructing, renewing, inspecting, maintaining, operating, repairing,
enlarging,replacing and using said water transmission and delivery line or lines.
Except as set forth in this Agreement, GRANTOR retains the exclusive right to
use the surface of the non-exclusive right to use the subsurface areas of the easement and
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RECORDING REQUESTED BY )
AND WHEN RECORDED RI-FURN TO: )
City Clerk )
City of Huntington Beach )
2000 Main Street )
Huntington Beach. CA 92648 )
I Space above this line for Recorders use.
'this document is exempt from
recording Ices pursuant it,
Govemmcnt Code Section 6103.
SPECIAL UTILITY EASEMENT AGRE-EMENT
For valuable consideration. receipt of which is hereby acknowledged. SPARKS
ENTERPRISES. L.P.. (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 non-assignable 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 as
described and limited on Exhibit A (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.
Except as set forth in this Agreement, GRANTOR retains the exclusive right to
use the surface of the non-exclusive right to use the subsurface areas of the easement and
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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. unless otherwise
agreed to in writing. CITY shall at its sole cost and expense:
(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 easement harmless against all
claims. liabilities or expenses. including costs and attorneys' fees. arising from
CITY's use of such area or exercise of any rights granted to the City in this
Agreement.
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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 14th day of August . 2019
GRANTOR CITY OF HUNTINGTON BEACH,
a municipal corporation of the State
of California
By:
(print nam ) birector of Public Works
ITS: (circle one)Chairrnan/PresidenWice
President/Assistant Secretary ATTEST:�04�
City Clerk
By: (PUILSUA.4TW AMLUTIO,V NO 2003-79)
(print name)
AP ROVED �S TO FORM:
ITS: (circle one)Chairtnan/PresidenWice U
President/Assistant Secretary
401City Attorney
RE D I)./4PPROVED:
City Manager
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ACKNOWLEDGMENT
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 ORANGE
On AygvS� \%A . Zbn before me, Natalie Jones, Notary Public, personally
appears Tc!� SocvkS who proved to me
on the basis of satisfactory evidence to be the person(s) whose nameW is/arE
subscribed to the within instrument and acknowledged to me that he/sloe/they executed
the same in his/ber/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 laws of the
State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
NATALIE JCNES
Commission ♦ 2141144
Notary Public • California i
Los Angeles County
Signature Ohly Comm.Ex Ins Jan 00.2020
(seal)
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 July 15, 2020 before me, Donna M. 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 SNAT2EF
WITNESS my hand and official seal. - ,,,4 commissioN @ 231lW1
I 1 PuNc C460 n
5,2023
(Notary Signat re)
1 EXHIBIT "A"
2
3 LEGAL DESCRIPTION
4 CITY OF HUNTINGTON BEACH
5 WATER EASEMENT
6 WITHIN PARCEL MAP NO. 2017-167
7
8 Those certain parcels of land situated in the City of Huntington Beach,County of Orange,State of
9 California,being those portions of Parcels 1 and 2 of Parcel Map No. 2017-167 as shown on a map
10 recorded in Book 397, Pages 20-21, of Parcel Maps in the Office of the County Recorder of said
11 Orange County,described as follows:
12
13 EASEMENT 1
14
15 A strip of land 10.00 feet wide,described as follows:
16
17 The northerly 10.00 feet of the westerly 150.05 feet of Parcel 1 of said Parcel Map No. 2017-167.
18
19 EASEMENT 2
20
21 A strip of land 10.00 feet wide,lying northerly,westerly and northerly respectfully of the following
22 three(3) described reference lines:
23
24 BEGINNING(P.O.B.)at the southwest(S.W.) comer of Parcel 2 of said Parcel Map
25 No. 2017-167; thence along the south line of said Parcel 2 South 89°29'26"East 97.71 feet;
26 thence leaving said south line, along a line parallel with the west line of said Parcel 2,
27 North 00°11'30" East 145.80 feet to a point 10.00 feet southerly of the southerly right-of-way
28 line of Warner Avenue,being the north line of said Parcel 2; thence parallel with said southerly
29 right-of-way line of Warner Avenue, South 89029'26" East 21.50 feet to the
30 POINT OF TERMINATION (POT).
31
32 The sidelines of said easement shall be lengthened or shortened for easement 2 to terminate in the
33 west line of said Parcel 2 and the southerly prolongation of said west line and for easement 1 to
34 terminate in the west line of said Parcel I also being the easterly right of way of Springdale and in
35 the west line of said Parcel 2 and the southerly prolongation of said west line.
36
37 CONTAINING: 4,151 Sq. Ft. or 0.095 Acres, more or less.
38
39 SUBJECT TO all Covenants, Rights, Rights-of-Way and Easements of Record.
40
41 More particularly shown on EXH IT"B" attached and by this reference made a part hereof.
42
43
44 D SG
45 Teddy Y. O ana, P.L. 8583 Date: February 18,2020 g�� Y O Q
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WARNER AVENUE
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LL o Q 3 CD BASIS OF BEARINGS
(n THE BASIS OF BEARINGS SHOWN HEREON ARE BASED ON THE
Q o CENTERLINE OF SPRINGDALE STREET HAVING A BEARING OF
m Z SOO*11'30"W PER PARCEL MAP NO. 2017-167, P.M.B.
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589'48'30"E S89'29'26"E 150.10'
NORTH LINE PARCEL 1 PER R1
WEST LINE PARCEL 1 PER R1 o S'LY PROLONGATIO
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TEDDY A Y. A, P.L.S. NO. 8583 01 17 2020
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EXHI IT
SKETCH TO ACCOMPANY A
LEGAL DESCRIPTION FOR WATER EASEMENT qrF OF CAV�F SHEET 1 OF 2 SHEETS
CITY OF HUNTINGTON BEACH DATE: 02 18 2020 N 2014-25
WARNER AVENUE
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SOUTHERLY RIGHT-OF-WAY LINE
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S.W CORNER PARCEL PER Rl P.H.M.
S89'29'26'E 87.70' _l
SOUTH LINE PARCEL 2 PER R1
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S89'29'26"E 97.71'
S'LY PROLONGATION o NORTH LINE PARCEL 1 PER R1
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UJI of PARCEL z. RECORD REFERENCES
3i R1 - PARCEL MAP NO. 2017-167. P.M.B. 397/20-21
Li R2 - PARCEL MAP, P.M.B. 4/23
V) BASIS OF BEARINGS
THE ASARE
EXHIBIT "B" CENTER51NEOOFBEARINGS SPRINGDALE STREETSHOWNREON HAVING A BEAERINGNOFHE
SKETCH TO ACCOMPANY A SOO'11'30"W PER PARCEL MAP NO. 2017-167, P.M.B.
LEGAL DESCRIPTION FOR WATER EASEMENT 397/ZO-21.
CITY OF HUNTINGTON BEACH SHEET 2 OF 2 SHEETS
DATE: 02 IA 2020 .N 20�4-25