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HomeMy WebLinkAbout2021-07-22 - Easement Huntington South Center, LLC Recorded in Official Records. Orange County Hugh Nguyen, Clerk-Recorder RECORDING REQUESTED BY ) II I I II III III II I II I I I I I I I II NO FEE AND WHEN RECORDED RETURN TO: ) 2021000468312 10:51 am 07122l21 71y 5-36 S'2-2;?' ) 90 PP2A E02 8 City Clerk ) 0.00 0.00 0.00 0.00 21.00 0.00 0.000.000.00 0.00 City of Huntington Beach ) 2000 Main Street ) Huntington Beach, CA 92648 ) Ispacc atxr.c this lira for Recorder's us,I T11s doo-,, t: kj rrNNM7 for tM offk:,W This doctanrnt is cxemq from X� of �'to fRrrrnptpn 6rcR recording fees pursuartt to 'd war Govwrvwq Cod, Cwrermnent Code Section 6103. 3c 27M I'd x11-M b.ncordw t,. of Hrtya SPECIAL UTILITY EASEMENT A RE MENT �y / �( /For valuable consideration,receipt of which is hereby acknowledged (hereinafter "GRANTOR") hereby grants and conveys to the City of Huntington Beach, a municipal corporation of the State of California, I (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 Fxhibit 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 gagme/surfnetipecd uehty a rnmt!l 2-07 RECORDING REQUESTED BY ) AND WHEN RECORDED RETURN -r0: ) '�;?/y 5-36 City Clerk ) City of Huntington Beach ) 2000 Main Street ) Huntington Beach. CA 92648 ) [Space above this line for Recorder's usc.] This downs Is solely for the Offtw This document is exempt from bLohm of the City of MrntkVwn Sa x t, recording fees pursuant to M OOrltamFbW Wdw GoM renwe Cods Government Code Section 6103. Sac. 27363 snd shaAYbe recorded frsa of drys SPECIAL UTILITY EASEMENT AGREEMENT 1 For valuable consideration, receipt of which is hereby acknowledged /L�/%.+�/a✓ /� `��C�� (hereinafter "GRANTOR") hereby grants and conveys i 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, fife 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 g/agrcehurf cUspecil utility a rnen/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, 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 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 g/agredsurOredsi,miI utility cawmem/l 2-07 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 'T-�/v1 L� 399 i?PiZ GRANTOR CITY OF HUNTINGTON BEACH, a municipal coryoratio of the St to 6fLa i nia By: print name W lfiftetortMTRIjC W61ks ITS: (circle one)ChairmaNPresidenWice� President Dff`cv e fr �1.rs-�/{,ti f ATTEST: / City Clerk tpi RquAoT n)ktvxtmux.wi.2003.29) print name ITS: (circle one)Secretary/Chief Financial REVIEWED AND APPROVED: Officer/Asst.Secretary-Treasurer ACity dmimstrator APPROVED AS TO FO 1 ,yc City Attome giegWisurfncvspccil unlin cascmcnV l2-07 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 :e.,mcrcerrcrcexrer,�srrpererrzsx_rzr„cecrK:eursrrrsezr�rwr,��sa._srecrx:cxrcrimecriccsrrxrase.��rr_r.�ca�c.� 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 V I- N"Tw iZA ) On _(�(!y(Q 5 pw a 1 before me, p��1( /�Gly Date r 1 Her, Insert Name and Titl�r'the Officer personally appeared WJLC(//I (-/V ' jet/— Name(e of Signer(al who proved to me on the basis of satisfactory evidence to be the person(s)'whose namem is/;;(e subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(io�), and that by his/her/their signatureX on the instrument the person(ar or the entity upon behalf of which the person ,X 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. 0.=.LE H 'Sotj to911_� 223893 ig — ����� S nature Signature oI Notary Public u Czw E,;.O-z: Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document , ' L Title or Type of Document: Document Date: Number of Pages: Signer(s) Other han Named bove: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: FJ Corporate Officer - Title(s): ❑ Corporate Officer - Title(s): i I Partner - ❑ Limited ❑ General Li Partner - ; I Limited -7 General Individual -! Attorney in Fact 71 Individual I I Attorney in Fact :!Trustee ❑ Guardian or Conservator CJ Trustee ❑ Guardian or Conservator Other: ❑ Other: Signer Is Representing: Signer Is Representing: ^e:c.^�:e+:crere.cc�:cue:c,s:ouc:ex;e�:er�cr<:e-wiz^e=ce:e�ex:ex:e^r.z�c�=ec:�.^c:ec:c.^c:cezx:e.�eece:c.scu.c:c:<:ex:c.�e;e.v�er:exe.^�ev.:e� 02014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item 45907 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 22, 2021 before me, Tania Moore, Notary Public, personally appeared Donna Switzer and Thomas Nerbel, 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 capacity, and that by their signature on the instrument the persons, or the entities 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. 'AWA111 E "Ury hbk•CGe1ur� i O'SAW COVA y 1! (grmm�frM 1IIS136S ry Comm.Expires ray I0. I0I5 (Seal) Notary SI ture) EXHIBIT "A" SHEET 1 Of LEGAL DESCRIPTION WATER EASEMENT BEING A PORTION OF PARCEL 1, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA. AS SHOWN ON A MAP FILED IN BOOK 30, PAGE 37 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT NORTHWEST CORNER OF SAID PARCEL 1, THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SAID PARCEL 1, PARALLEL WITH THE CENTERLINE OF MAGNOLIA STREET (100 FEET WIDE), SOUTH 00'35'45" EAST, 213.19 FEET TO THE POINT OF BEGINNING; THENCE LEAVING SAID WESTERLY LINE, NORTH 89'36'20" EAST, 63.49 FEET; THENCE NORTH 00,23*40" WEST, 2.00 FEET; THENCE NORTH 89'36'20" EAST, 8.00 FEET; THENCE SOUTH 00'23'40" EAST, 2.00 FEET; THENCE NORTH 89'36'20' EAST, 310.30 FEET; THENCE NORTH 00'23'40" WEST, 21.00 FEET; THENCE NORTH 89'36'20" EAST, 7.00 FEET; THENCE NORTH 00'23'40" WEST, 6.08 FEET; THENCE NORTH 89'36'20" EAST, 9.00 FEET; THENCE SOUTH 00'23'40" EAST, 27.08 FEET; THENCE NORTH 89'36'20" EAST, 51.49 FEET TO THE EASTERLY LINE OF SAID PARCEL 1; THENCE SOUTHERLY ALONG SAID EASTERLY LINE, SOUTH 00'29'18" EAST, 10.00 FEET; THENCE LEAVING SAID EASTERLY LINE, SOUTH 89.36.20" WEST, 449.26 FEET TO SAID WESTERLY LINE; THENCE NORTHERLY ALONG SAID WESTERLY LINE, PARALLEL WITH THE CENTERLINE OF MAGNOLIA STREET (100 FEET WIDE), NORTH 00°35'45" WEST, 10.00 FEET TO THE POINT OF BEGINNING; AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION z4a. �p1.AN0SU ROBERT JOHN DAWSON P.L.S. 6932 EXP. 9/30/21 R08ERDAWS� p * NO.6932 • s� EXP.9-W 21 �r 'l�OF CAl1EpQ� EXHIBIT "B" SHEET I OF 2 LINE TABLE LINE BEARING LENGTH L1 N89'36 20 E 63.49' L2 N89'36 20"E 1 51.49' N89 30'42'E, 449.71' "\LW IN CORNE 50.0, I. OF PARCEL R 1, I rn P.M.B. 30/47 J . P.O.C. L� w w Ic PARCEL A ^ IW N I. PARCEL 1 N cn I 13 In P.M.B. 30/47 a i l � I g DETAIL "B" � � I rn 6 DETAIL "A" N H 2 m Z b P.0.8. _ ON SHEET 2 _ o of Z /—� /_ \� o < zl L1/ N89'36'20"E, 310.30' -L� z 1Ir�Immmlllllmmmll/llm072 7z - \\ S89'36'20-W. 449.26' }} oo w o � o l ;a0 0 '^ o n - N89'31'35'E b 150.DO' N Iz PARCEL B o PARCEL 2 M 6 CB18/2 bo z 10 4 6 0 I � 1 N89'31'35"E, 298.88' C/L ATLANTA AVENUE N89'31'35"E A N D So LEGEND: EXISTING PROPERTY LINES R013FRT JOHN y DAWSON PROPERTY LINES PER PARCEL N NO 6932 MAP 30. BOOK 39 n r xv U INgCAIE AREA OF WATER EASEMENT 4.899 SF ;CALt 1'=80' EXHIBIT "B" SHEET 2 OF 2 LINE TABLE LINE BEARING LENGTH i L3 NOO'23'40"W 2.00' / L4 N89'36'20"E 8.00' / \ LS N89'36'20"E 7.00' I / L6 N00'23'40'W 6,08' / L3 L4 L7 \\ L7 SOO'23'40"E 2.00' N89'36'20"E, j 9.00' 1- - - - - - - - - - I / �F— �\ / co \ LS It o \ 16.0 NN \ / N I �p � DETAIL "A" \- - - - - - - - - - NOT TO SCALE \ DETAIL "B" / / NOT TO SCALE / EASEMENT NOTES O4 AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT. PURPOSE: POLES AND CONDUITS RECORDED: JUNE 27, 1969 AS INSTRUMENT NO. 21561 IN BOOK 9004 PAGE 671 OF OFFICIAL RECORDS AFFECTS: THAT PORTION OF SAID LAND AS DESCRIBED IN THE DOCUMENT ATTACHED HERETO. © AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT. PURPOSE: POLES AND CONDUITS RECORDED: APRIL 17, 1970 AS INSTRUMENT NO. 10510 IN BOOK 9267 PAGE 111 OF OFFICIAL RECORDS AFFECTS: THAT PORTION OF SAID LAND AS DESCRIBED IN THE DOCUMENT ATTACHED HERETO. 10 AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT. PURPOSE: PUBLIC UTILITIES RECORDED: SEPTEMBER 25, 1990 AS INSTRUMENT NO. 90-511 2 71 OF OFFICIAL RECORDS AFFECTS: THAT PORTION OF SAID LAND AS DESCRIBED IN THE DOCUMENT ATTACHED HERETO. 11. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT. PURPOSE: PEDESTRIAN AND VEHICULAR INGRESS AND EGRESS RECORDED: OCTOBER 18, 1990 AS INSTRUMENT NO. 90-554197 OF OFFICIAL RECORDS AFFECTS: THAT PORTION OF SAID LAND AS DESCRIBED IN THE DOCUMENT ATTACHED HERETO. i i