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Home My WebLink About2011-07-29 - Easement Huntington Beach Union High School District This Document w lectronically recorded by City of Wtington Beach Recorded in Official Records, Orange County Tom Daly, Clerk-pRecorder p� q RECORDING REQUESTED BY ) I1�1o�1�6!nI��I��Iai NO FEE AND WHEN RECORDED RETURN TO: ) 277 405 E01 9 2011000495616 03:12pm 10/05/11 City Clerk 0.00 0.00 0.00 0.00 24.00 0.00 0.00 0.00 City of Huntington Beach ) 2000 Main Street ) C31b Huntington Beach,CA 92648 ) (Space aboxc this line for Recorder's use.] This document is exempt from recording fees pursuant to Go%emment Code Section 6103. SPECIAL UTILITY EASEMENT AGREEMENT For valuable consideration,receipt of which is hereby acknowledged Huntington Beach Union High School District , (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 (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 Slagree/surfnNspettJ uulip ca nncnt/12.07 1 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, an), 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 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 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 &/agr"/surfnct/spLTil utility easemmll2.07 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 1 tL ` day of cl (,{ I�/ 2011 GRANTOR Huntington Beach CITY OF HUNTINGTON BEACH, a municipal Union High School District corporation of the State of California By: 6seizzi4U Ack a pint nmc Director of P lic Works ITS: (circle one)Chainnar0residenEiiD P defn ATTEST: J. ity Clerk (jLWL-Ri-cP ruxsuwrrofusoturwNNo. 3-29) print name ITS: (circle one)Secretary, Finance REV ND APPROVED: tce sst.Secretary -Treasurer City Manager APPROVED AS TO FORM: n �� q� o/zu Y� City Attomey ghgreehurfnNspec,1 unity casetnenV12-07 3 NOTARY ACKNOWLEDGEMENT State of CALJIr:-C'Q'NIVA ) ) SS County of cIRv'+W 4E ) On this before me, C-i9 bL-F- Yi . ITl otriHS O�DI 2Y poigo C. DATE NANIF,TITLE OF OFFICER-E.G.,-IANF DOE,NOTARY PUBLIC personally appeared 09RRilEa.y-N L-L71`�LYJ ��f}I`IE�`S�ir �JLLJ�)CI-� NANIE(S)OF SIGNER(S) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) --Ware subscribed to the within instrument and acknowledged to me that-hell /they executed the same in*i,3' /their authorized capacity(ies), and that by44s4w/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: / V' SIGNATURE 'la`c--C'r'C-�� Notary Public in and for said State C—1,qp-t L> n HON4s CAROLE A. THOMAS (NAMIS PRINTED) t Commission 1914703 `�_ Notary Public -California = qt Orange County M Comm. Expires Dec 29,2014 r GA:ngincering Division\DF V Iil,Ol'MIiN'IIDL'FDS&EASEMENTS lew Notary Statement(03-05-08)m,.doc ACKNOWLEDGMENT State of California ) ) ss County of Orange ) On September 26. 2011 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 my hand and official seal. P t ESPARIA Commission ♦ 1857021 Notary Public - California z Orange County my Comm Expires Aug4, 2013 (Notary SI EXHIBIT "A" LEGAL DESCRIPTION FOR HUNTINGTON BEACH HIGH SCHOOL WATER LINE EASEMENT THAT PORTION OF PARCEL 1, AS SHOWN ON THE MAP FILED IN BOOK 40, PAGE 40 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTERLINE INTERSECTION OF PALM AVENUE AND 17T" STREET, AS SHOWN ON SAID PARCEL MAP; THENCE ALONG THE CENTERLINE OF SAID 17T" STREET NORTH 41039'49" EAST 1598.82 FEET; THENCE LEAVING SAID CENTERLINE OF 17T" STREET NORTH 48020'11" WEST 45.00 FEET TO THE MOST EASTERLY CORNER OF TRACT NO. 14320, AS SHOWN ON THE MAP FILED IN BOOK 700, PAGES 36 THROUGH 38 OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY; THENCE ALONG THE NORTHEASTERLY LINE OF SAID TRACT NO. 14320, NORTH 48021'25" WEST 341 .52 FEET TO THE BOUNDARY LINE BETWEEN PARCELS 1 AND 2 OF SAID PARCEL MAP; THENCE ALONG SAID BOUNDARY LINE NORTH 41039'35" EAST 38.00 FEET; THENCE CONTINUING ALONG SAID BOUNDARY LINE NORTH 01039'35" EAST 150.01 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID BOUNDARY LINE NORTH 48021'25" WEST 23.64 FEET TO THE MOST SOUTHERLY CORNER OF THAT CERTAIN PROPERTY CONVEYED TO CRYSTAL ISLAND, LLC, A LIMITED LIABILITY COMPANY BY GRANT DEED RECORDED SEPTEMBER 10, 2001 AS INSTRUMENT NO. 20010638268, OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG THE SOUTHEASTERLY LINE OF SAID GRANT DEED NORTH 41038'35" EAST 60.00 TO A LINE THAT IS PARALLEL WITH AND 60.00 FEET NORTHEASTERLY OF THE SOUTHWESTERLY LINE OF SAID GRANT DEED; THENCE ALONG SAID PARALLEL LINE SOUTH 48021'25" EAST 51.62 FEET; 102-0344E 7/18/2011 THENCE LEAVING SAID PARALLEL LINE SOUTH 01039'35 WEST 26.63 FEET TO A POINT ON THE SOUTHERLY LINE OF THAT CERTAIN PROPERTY CONVEYED TO HUNTINGTON BEACH UNION HIGH SCHOOL BY CORPORATION GRANT DEED RECORDED IN BOOK 12901, PAGE 526, OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG SAID SOUTHERLY LINE NORTH 89038'42" WEST 60.01 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS 3057 SQ.FT. = 0.07 ACRES, MORE OR LESS. SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF, BY THIS REFERENCE. SUBJECT TO ALL RIGHTS, RIGHTS OF WAY, COVENANTS, CONDITIONS AND EASEMENTS OF RECORD, IF ANY. STEVEN L. RAY, V.S. 6980 EXP. 9/30/011 DATE �\oNpLLANO `� L m cr No.6980 81 Q. Exp.9-30-11 ; r CF CAL\F' 102-0344E 7/18/2011 CRYSTAL ISLAND LLC GRANT DEED INST. #20010638268 REC. 9-10-0 �6 TR. 14321 PARCEL 1 EASEMENT AREA M.M. 796/36-38 I P.M.B. 40/40 3,057 S.F. HUNTINGTON BEACH H.S. ` LB i 12901/526 s SEE ENLARGED T.P.O.B. L9 - - DETAIL AT LEFT i i i i ENLARGED DETAIL I SCALE. 1`=40" I L6 L7 CRYSTAL ISLAND LLC I LS — GRANT DEED T P.O.B. L9 INST. #20010638268 — — —L REC. 9-10-01 i LINE DATA L3 No BEARING LENGTH L 1 N 48'20'11" W 45.00' ` L2 N 48'2125" W 341.52' L2 8 L3 N 41'3935" E 38.00' TR. 14320 L4 N 01'39 35" E 150.01' M.M. 700/36-38 ` 4 L5 N 48'21'25" W 23.64' L o L6 N 41'3835" E 60.00' x L7 S 48'21 25" E 51.62' PARCEL 2 � LB S 01'3935" W 26.63" P.M.B. 40/40 L9 N 89'3842' W 60.01' 0 LAND SUS` h �•�' ��,_r 9l4i � -30-11 e "CITY OF HB. RSC.E.10 55CINED POINT OF �91f OF CAL�EOr� _ STANDARD CITY WELL MOK COMMENCEMENT SC4LE 1 8 JOB: DATE: ti SLR 102-0344E 6/30/11 Civil Engineering, Inc. DRAWN: E o 6104 RIVERSIDE AVENUE • SUITE A EASEMENT PLAT SR SHEEP 1 ° RIVERSIDE, CA 92506 HUNTINGTON BEACH UNION SOiOOL DISTRICT CHECKED: OF 1 v a (951) 784-2344 FAX (951) 683-6915 SLR City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ wWw.huntingtonbeachca.gov � Y - `FB. 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 JULY 29, 2011, from HUNTINGTON BEACH UNION HIGH SCHOOL DISTRICT 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 5, 2011 CITY OF HUNTINGTON BEACH JOAN L. FLYNN, CIVIC CITY CLERK g:ffolbw pyoeeas/aeeocert2002.oac Government Code§27281 SiStmt ditrwateAnjo, Japan 4 Waitakere, New Zealand