Loading...
HomeMy WebLinkAboutBeach Housing Partners, LP - 2022-01-19 (3) I Recorded in Official Records, Orange County Hugh Nguyen, Clerk-Recorder �IIIIIIIIII�I�III�I�� I�II�III�III �IIII� III�I NO FEE RECORDING REQUESTED BY ) s R o a 1 , 5 0 2 9 7 a $ AND WHEN RECORDED RETURN TO: ) 2022000040543 1:46 pin 01/31/22 371 RW10A E02 9 City Clerk ) 0.00 0.00 0.00 0.00 24.00 0.00 0.000.000.00 0.00 City of Huntington Beach ) 2000 Main Street ) i Huntington Beach, CA 92648 ) i [Space above this line for Recorder's use.] i I hits domwrrnt k folely for the WcW This document is exempt from buskrus of the Cky of Huntkpton Bosch, recording fees pursuant to ZontennAnted underrt Co Cavwn wds Government Code Section 6103. 27393 and shotld'be recvrdd Irma of sharps. SPECIAL UTILITY EASEMENT AGREEMENT &&ZZ FOR STORM DRAIN PURPOSES _ Property Address: 18431 Beach Boulevard I For valuable consideration, receipt of which is hereby acknowledged Beach Housing Partners LP, a California limited partnership, (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 and Exhibit B (attached hereto and incorporated by this reference), and made a part hereof; and to construct structures for the transmission and delivery of storm water and all appurtenances, including but not limited to, catch basins, clean outs, inlets, 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 deliver and operate heavy equipment (such as a backhoe), deposit tools, implements and material thereon by CITY, its officers, agents and employees or by persons under contract to E CITY, whenever and wherever necessary for the purpose of laying, constructing, reconstructing, renewing, inspecting, maintaining, operating, repairing, lining, enlarging, replacing and using said storm water pipeline(s). l 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 deem proper. Grantor may request CITY to change or relocate CITY's storm water pipelines aor 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, t 21.10761/2736576 1 i I I 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 AGREEMFNT FOR STORM DRAIN PURPOSES Property Address: 18431 Beach Boulevard For valuable consideration, receipt of which is hereby acknowledged Beach Housing Partners LP, a California limited partnership, (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 oil Exhibit A and Exhibit B (attached hereto and incorporated by this reference), and made a part hereof; and to construct structures for the transmission and delivery of storm water and all appurtenances, including but not limited to, catch basins, clean outs, inlets, 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 deliver and operate heavy equipment (such as a backhoe), 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, lining, enlarging, replacing and using said storm water pipeline(s). 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 deem proper. Grantor may request CITY to change or relocate CITY's storm water pipelines aor 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, 21-1076IR736576 I 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 overhang 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 may 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: (1) any enhanced pavement treatments other than asphalt concrete, (2) any landscaping, and any landscaping irrigation facilities which shall be the responsibility of Grantor; (3) any temporary or permanent structures located within the easement area which shall be the responsibility of Grantor; and (4) any public or private walls or fencing that requires removal for the purpose of gaining access to easement area with the equipment (such as a backhoe)to affect repairs, which shall be the responsibility of the Grantor; and (c) I-lave 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, Tien 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. 21-10761/1736576 2 IN WITNESS WHEREOF, this Special Utility Easement has been executed by the Grantor herein on �AAV"fI't 1 2022. GRANTOR CITY OF HUNTINGTON BEACH, a municipal corporation of the State a t orta By: 7c0 kt tl-"c print name ITS: (circle one)Chairman/President/Vice President Director of Public \ rks ATTEST: p� L By: A JA I� it 9411 City Clerk print name (PURSUku`T TO RESOLUTION NO. 2003-29) ITS: (circle one)Secretary/Chief financial Officer/Asst. - Fr AM 2.ot6-g5 ilh Secretary-Treasurer R VIEWED AND PROVED: CV Manager APPROVED AST City Attorney 21-1076112736576 EXHIBI"I"'A" LEGAL DESCRIPTION 24 FEET WIDE STORNI DRAIN EASEj'HiN'T THAT PORTION OF PARCEL 2 IN THE CITY OF HUNTINGTON BEACH. COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER \MAP FILED IN BOOK 76, PAGE 4 OF PARCEL \-LAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BEING A STRIP OF LAND 24.00 FEET WIDE, LYING 12.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: CONI,NMENCING AT THE SOUTHEASTERLY CORNER OF SAID PARCEL 2. BEING ALSO ON THE WESTERLY LINE OF BEACH BOULEVARD AS SHOWN ON SAID \MAP, SAID POINT BEING ON A CURVE CONCAVE WESTERLY HAVING A RADIUS OF 9.934.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 890IS'44" EAST; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 0004'09 AN ARC DISTANCE OF 12.00 FEET TO THE POINT OF BEGINNING: THENCE SOUTH S9°17'45" NEST, 24.88 FEET TO POINT ON A NON-TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 90.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 1293'46" WEST; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 23049'13", AN ARC DISTANCE OF 37.42 FEET TO THE POINT OF A REVERSE CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 90.00 FEET: THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 37005'13", AN ARC DISTANCE OF 58.26 FEET: THENCE SOUTH S9°17'45" WEST, 191.66 FEET TO THE WESTERLY LINE OF SAID PARCEL 2 AND THE END OF SAID STRIP. THE SIDE LINES OF SAID STRIP SHALL BE LEND,rHENED OR SHORTENED TO \MEET AND TERMINATE IN THE WESTERLY AND EASTERLY PROPERTY LINES OF SAID PARCEL 2. CONTAINING 7,493 SQUARE FEET, MORE OR LESS. SUBJECT TO COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS AND RIGHTS-OF-WAY OF RECORD, IF ANY. SEE EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE NIADE A PART HEREOF. Prepared under my supervision: S�'Dd o D. A .0SL.pL � F3 o F< n L.8. 7780 a S� Z Armando Dr upon[, L.S. 7780 9lFDFCAP 11ror_1 EXHIBIT "B" PLAT TO ACCOMPANY DESCRIPTION I �I /SB9'17"45 W 19L56 � �J/ o.a/ VARIES / - I P.G.B. 20' PA RCEL 2 u I H.P.N. 159-03i-018 N89'18.44 RAD P.O.C. F,M B. 7514 U � I PARCEL 1 d 44' q O O 2 rI 1 CURVE TABLE LLL LINE TABLE CURVE # RADIUS DELTA LENGHT LINE # DIRECTION FLENGTH CI 99J4,00 0'0409, 1200 LI S897745"N 24.88' C2 I 90.00 12J497J' J741 CJ 90.00 J7'05'IJ' 58.26 0 i C j Ilv. BASIS OF BEARINGS 0 2., 00 THE CENTERLINE OF BEACH BOULEVARD 77 = 24' MDE STORM DRAIN EASEMENT PER F.M.B. 76/4. BEING NOO'39'40-W. SCALE: 1"=50' CRry HffAW pA Jo' N7c,,.6 a u�i SC1UonVEWYING, INC. Los.4ngelesall JENKS CIRCLE,SUITE 205,CORONA, CA.92878 PHONE:951.280-9960 FAX:951-250.9746 wv , ,I Property Owner: BEACH HOUSING PARTNERS LP, a California limited partnership By: JHC-Beach LLC, a California limited liability company, its Managing General Partner By: Jamboree Housing Corporation, a California nonprofit public be fit corporation, its Manager By: Michael Massie, Chief Development Officer By: USA Huntington Beach 687, Inc. a California corporation, Administrative General Partner By: Name: G-e < n Its: -7:7�e s,'e/e Guarantor: JAMBOREE HOUSING CORPORATION, a Californian nprofi pu lic b efit corporation l By: [-------------- Michael Massie, Chief Development Officer 383A20587.0153 17186959.1 a01119M CALIFORNIA 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 1 County of OfQfl4e 17 J On JGIIIU f�l ISIh 26J2- before me, J01(01 ilykiiA Gaff;C-3- IL' 'iur ) ruoG� Date Here Insert Name and Title of the Officer personally appeared I111I( h0El (i;GSSIe Nome(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/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 JuuAM"KIM SARRIOS laws of the State of California that the foregoing �&N Public-Cdlf9 i " 0r 1*caonty E paragraph is true and correct. C.iuim 9 2375551 w Comm.G01rn 5p 19,3C i5 WITNESS my hand and official seal. Signature Place Notary Seal and/or Stamp Above Signature of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to on unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signers) Other Than 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: 02019 National Notary Association CALIFORNIA ACKNOWLEDGMENT CIVIL CODE y 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 1 County of Placer J} on jantialcy 20, 2022 before me, ianelle L. Ingle. Notary Public Date Here Insert Name and Title of the Officer personally appeared Geoffrey C. Brown Nome(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/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 persons) acted, executed the instrument. I certify under PENALTY OF PERJURY under the JaNEttE t.INGEE laws of the State of California that the foregoing Naary Public California paragraph is true and correct. Placer County T cam.Espi, n ,,,28,r - WITNESS my hand and official seal. My Comm.Expires 4pr 18, 2@5 Signature �—" �'eG �� z Place Notary Seal and/or Stomp Above r� Signature of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than 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: o Other: Signer is Representing: Signer is Representing: 02019 National Notary Association 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 January 27, 2022 before me, Tania Moore, Notary Public, personally appeared Sean Crumby and Robin Estanislau 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. TaNW MOOSE Notary Publk•California Orange County s Commission f"I'll, '• My Comm,Expires May 20.2025 (Seal) (Notary Signa ure)