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HomeMy WebLinkAboutHuntington South Center, LLC - 2021-06-25 i Recorded in Official Records, Orange County Hugh Nguyen, Clerk-Recorder RECORDING REQUESTED BY IIIIIIIIIIIIIoIIIIIIIIIIIII �IIIIIIIIIIII !IIIIIII NO FEE AND WHEN RECORDED RETURN TO: ) 2021000468312 10:51 am 07122121 5-36 S'?� J ) 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 ) 1 2000 Main Street ) Huntington Beach, CA 92648 ) i F ] [Space above this line for Recorder's use.) S 4 Thb 6001MM ke so41y lar th@° fica1 This document is exempt from I bbOYmn City the Y ofK gkVton ricf, recording fees pursuant to trCWKWFVWW WKW Goverrawtt c,& Government Code Section 6103. Stye Z7393 aid shotldU neordW trw i of dWP& I SPECIAL UTILITY EASEMENT AGREEMENT &31y I /For valuable consideration, receipt of which is hereby acknowledged / 2 ,,f,✓ Jlr �1r`a Z�/6' i (hereinafter "GRANTOR") hereby grants and com•eys I k 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, j maintain, repair, improve and relocate a pipeline or pipelines, with incidental ordinary and i necessary appurtenances and connection(s), in, on and under said real property for its entire length and fit 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 1 t 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 i 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. t Grantor retains the right to use the surface areas and the non-exclusive right to use t the subsurface areas of the easement and right of way in such manner as Grantor shall i g/egrce/surrneHapecil utility cascmenU12-07 1 RECORDING REQUESTED BY ) AND NNrl-IEN RECORDED RETURN TO: ) �;W 5-36 s za ) City Clerk ) City of Huntington Beach ) 2000 Main Street ) Huntington Beach, CA 92648 ) [Space above this line for Recorder's use.] Thb dommm-A is solely for the offldel This document is exempt from Wakwoo of dw City of FkmtkVwn leach recording fees pursuant to se oWdWnpbiad under Go wnrnwK Code Government Code Section 6103. Sae. 27383 end sl oL*rU recorded MW of drape SPECIAL UTILITY EASEMENT AGREEMENT �I-or valuable consideration, receipt of which is hereby acknowledged �/�h �`''✓ r� `?�4, ��(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 g/agredsurfnedspecil utility easementl12-07 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 xvill 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/agreelsurf ct/sirmil uuliN easement/12-07 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 7' h by the Grantor herein this day of GRANTOR CITY OF HUNI-INGTON BEACH, a municipal corporatiot of the St a I rma / print name DI u He *6ks ITS: (circle one)Chainnart/Prespident/Viice�� President G `cn c� /1?F5-�'rrt f ATTEST: �/ ! /l C'.��' �f/ILKG�/ GUIs/ ►lam B v: Y City Clerk �L (PURSUMT 7O RE.0LUrlONN0.2003-29) print name ITS: (circle one) Secretar},/Chief financial REVIEWED AND APPROVED: Officer/Asst. Secretary -Treasurer II Ci% f_67 City Administrator APPROVED AS TO FORM Ne, City Attorney glagredsurfnet/specil utility ea rnent/I?-07 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 VE-N"[vtIZA- ) On UV(P -2 5 ,,J1 L1 before me, -p L- G N A Js Okti t_ 6 Nam Date 1 Her Insert e and Tit/ the Officer personally appeared ^���—/V rQ Name(K of Signer(aJ who proved to me on the basis of satisfactory evidence to be the person(s}'whose name(w) is/,?re subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(iK, and that by his/her/their signatureM on the instrument the person(aj, or the entity upon behalf of which the person 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. DALE HMSO Cotim.# 2223393 I^ Signature _ yo N0"4@2 oraar?L'aIauuFORNIAPEN%KA tarnSignature of Notary Public IAr Covu,Ex:.OEc 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 , I / Title or Type of Document:S tC,_Li,(U 40 ! _,_ Document Date: Number of Pages: Signer(s) Other han Named(Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑ Partner — ❑Limited ❑General ❑ Partner — ❑ Limited ❑General ❑ Individual ❑Attorney in Fact ❑ Individual ❑ Attorney in Fact ❑Trustee ❑ Guardian or Conservator ❑Trustee ❑ Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: ©2014 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 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 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. )'"`' gotery NIAP01 O5 ror i, '{e Orange Counry `• Commission 1235E765 My Comm.Expires wy 20. 2025 (Seal) (Notary Signature) EXHIBIT "A'1 SHEET 1 OF 1 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 00023'40" 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 00023'40" WEST, 21.00 FEET; THENCE NORTH 89'36'20" EAST, 7.00 FEET; THENCE NORTH 00023'40" WEST, 6.08 FEET; THENCE NORTH 89'36'20" EAST, 9.00 FEET; THENCE SOUTH 00023'40" 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 00035'45" 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 �JD�' LISU �lGollyr �a-- 8-11-Zo ��5 ROBERT JOHN DAWSON P.L.S. 6932 EXP. 9/30/21 ROBER7 JOHN y DAWSON * NO.6932 �P EXP.9-30-21 f f9��aCAl1F�P�\ EXHIBIT "B11 SHEET 1 OF 2 LINE TABLE LINE BEARING LENGTH L1 N89'36'20"E 63.49' L2 N89'36'20"E 51.49' N89'30'42"E, 449.71' NW CORNER 50.0' I_ OF PARCEL 1, Irn P.M.B. 30/47 H ri P.O.C. Lu N PARCEL A I� PARCEL 1 co CIQ N I� U) I 3 I P.M.B. 30/47 I o DETAIL "B" Q 3 a l� 6 ON SHEET 2 O a n ION "A" a) Z n o P.O.B. /ION SH�EET 2 Z — N zl �� L1// \ N89'36'20"E, 310.30' { / -Lz z I 1T/IJ�I��II�Immmll/ITO�mmII/ITlI7lOmlIIIT/II���i'� J S89'36'20"W, 449.26' ' o \1 o wo 3 0 � °° o �n o N89'31'35"E —� o 0 150.00' Iz PARCEL B o zt PARCEL 2 M o . Ln 1P.M. . 18/2 S Z 1p 4 6 0 I o N89'31'35"E, 298.88' �C/L ATLANTA AVENUE — — — N89'31'35"E NANO S�qG LEGEND: U FL ---- EXISTING PROPERTY LINES R013ERTJOHN y DAWSON PROPERTY LINES PER PARCEL N * NO.6932 MAP 30, BOOK 39 n LP XP 0- 1 INDICATE AREA OF WATER EASEMENT 4,899 SF SCALE: 1"=80' I EXHIBIT "Bn SHEET 2 OF 2 LINE TABLE LINE BEARING LENGTH i L3 N00'23'40"W 2.00' / L4 N89'36'20"E 8.00' / \ / \ L5 N89'36'20"E 7.00' / 16 N00'23'40"W 6.08' / L3 L4 1-7 \\ 1-7 S00'23'40"E 2.00' o I ��� N89'36'20"E. I o I , 9.00, 1- - - - - - - - - - - I�L5 I M o \\ 0 I 16.0' i DETAIL "A" \ iO - - - - - / \ - - - - - - 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. I 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. O6 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. 0 AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT. PURPOSE: PUBLIC UTILITIES I RECORDED: SEPTEMBER 25, 1990 AS INSTRUMENT NO. 9 0-51 1 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. 90-55 41 9 7 OF OFFICIAL RECORDS AFFECTS: THAT PORTION OF SAID LAND AS DESCRIBED IN THE DOCUMENT ATTACHED HERETO. I I