HomeMy WebLinkAbout2022-01-19 - Easement Beach Housing Partners, LP Recorded in Official Records, Orange County
Hugh Nguyen. Clerk-Recorder
RECORDING REQUESTED BY ) II I I II III III I I II I I I I III,I 1 II d0 FEE
AND WHEN RECORDED RETURN TO: ) 20220000405431:46 pm 01/31122
371 MV10A E02 9
t 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 )
Huntington Beach,CA 92648 )
i
[Space above this line for Recorder's use.)
! `ho docur"W t is >g4iy for tha ornciar This document is exempt from
txririna of the(ay of M>riturpton 6»ctt recording fees pursuant to
1 as 0DntW Pbtad Under GovwrdrwR Code Government Code Section 6103.
V! SwK 27383 rid Mould taa ncol 1rM
t or chrga ;
I
t SPECIAL U I ILI I Y EASEMENT AGREEMENT (03ZZ
FOR STORM DRAIN PURPOSES
Property Address: 18431 Beach Boulevard
i
i
7 I
For valuable consideration, receipt of which is hereby acknowledged Beach Housing Partners LP, a
Califomia 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- l
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
iby 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 I
ground; together with the right to enter and traverse upon other land of Grantor in order to obtain access to I
I
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 t
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).
1 Grantor retains the right to use the surface areas and the non-exclusive right to use the subsurface t
areas of the casement 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 act any equipment incidental thereto,at Grantor's
' expense. In the performance of an} 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,
21.10761,7736576 1
t
i
i I
RECORDING REQUESTED 13Y )
AND WHEN RECORDED RETURN TO: )
Cite Clerk )
City of I-luntington Beach )
2000 Main Street )
Huntington Beach. CA 92648 )
Space above this line for Recorder's use.]
-This document is exempt front
recording fees pursuant to
Government Code Section 6103.
SPECIAL UTILITY EASEMENT AGREENIENT
FOR STORNI 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") it perpetual non-
exclusive easement and right of'xvay to install. maintain, repair, improve and relocate a pipeline or pipelines.
with incidental ordinary and necessary appurtenances and connection(s), in, on and wider said real property
for its entire length and full width as described on Exhibit A and Exhibit 13 (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
,,round: 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, reconstfucting, 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 casement and right of way in such manner as Grantor shall deem proper. Grantor may request
CITY to change or relocate CITY's storm xvatcr pipelines nor 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
casement 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,
21-10761R i36i76 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 anv 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 casement 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) Keplacc and restore the areas and surface improvements to the condition in which they were
prior to the performance of such work; except for: (I) any enhanced pavement treatments other than
asphalt concrete, (2) any landscaping, and ally landscaping irrigation facilities which shall be the
responsibility of Grantor: (3) any temporary or permanent structures located within the casement
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 repair, which shall be the responsibility of the Grantor, and
(c) Have no obligation for maintenance, repair or replacement of enhanced pavement
treatments, landscaping or irrigation facilities; and
(d) Bold Grantor and other users of the easements harmless against all claims. liabilities or
expenses, including costs and attorneys' fees, arising front CITY's use of such area.
In its use of the easement and right of lvay 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.
21-10761/2736576 2
IN WITNESS WHEREOF, this Special Utility Easement has been executed by the Grantor
herein on 19, 2022.
GRANTOR CITY OF HUNTINGTON BEACH,a municipal
corporatio t of the Stat f^Calt o
By: See M'jL-mod
print name
ITS: (circle one)Chairman/President(Vice President ATTEST: Director of Public Irks
By: Qlv—
City Clerk
print name (pup wvr ro eesr)e. voy No.2003-29)
ITS: (circle one)Secretary/Chief Financial Officer/Asst. L Uo.U4
Secretary-Treasurer IEWED AND PROVED:
Ctg Manager
APPROVED AS T
City Attorney
21.1076112736576 3
EXHIHIT "A"
LEGAL DESCRIPTION
24 FEET WIDE SI'ORM (MAIN EASEMENT
THAT PORTION OF PARCEL, 2 IN THE CITY OF HUN'TINGTON RI ACI-1. COUNTY OF
ORANGE. STATE: OF CALIFORMA. AS PER NIAP PIL LA) IN ROOK 76. PAGE 4 OF PARCEL,
NIAPS, IN THE OFFICE OF TIEL COUNTY RECORDER 017 SAID COUNTY. 13I IN'G A STRIP OF
LAND 24.00 I'EI T \VIDE. LYING 12.00 FEET ON EACH SIDE: OP THF.. FOLLOWING DISCRIRI•:D
CI N'TE.RLAN1 :
COiNIMENCIN'G AT THE SOUTHEASTERLY CORNER Of-- SAID PARCEL. 2. MAN'G ALSO ON
THE, \VES"fERLY LINI'. 01: 131:1AC:H ROULE.VARD AS SHOWN ON SAID iMAP, SAID POINT
13FANG ON A CURVE CONCAVE WFS'ILRLY 1-1 AVING A RADIUS 01: 9,Q34.00 PE.1 T, A RADIAL.
I.,INT.. TI-fR000I-f SAID POINT HL:?ARS tNORTI1 890I344" EAST: "IIII'.NCI N'ORT'III:iRLY ALONG
SAID CURVF T HROUGI-I A CE.NFRAL ANGLE OF 0°04'09 AN ARC DISTANCE OF 12.00 FELT
IO THE POINT OF 131r.GINNING: THENCE SOUTH 89°17'45" \VIi:S'T', 24.SS FI LiT TO POINT ON A
NON-TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS Of-- 90.00 FEET. A
RADIAL LINI; THROUGH SAID POINT- 13Er1RS SOULH 12013'46 ' WEST: 'IIIFNCI
NORTHWESTERLY ALONG SAID CURVE-i "I'1IROUGH A CENTRAL, AN'GI.E OF 23049' E 3'. AN
ARC DISTANCE OF 37A2 FEET TO THE POIN''I OP A REVERSF. CURVF CONCAVI.i
SOUIHW ST F.RLY HAVING A RADIUS OF 90.00 FL-A I': -I'I-II NCE NORTHWESTERLY RLY ALONG
SAID CURVE THROUGH A CENTRAL ANGLE OF 37005'13". AN ARC DISTANCE 01: .8.26
FI:'.W THENCE SOUTH 8901715" \NISI. 191.66 FEET TO THE \VESI'E::RLY LANE OF SAID
PARCEL. 2 AN'D TI-f13 END Of- SAID STRIP.
THE SIDE LINES OF SAID STRIP SHALL 13E LENGTHENED OR SHORTENED TO \MEET AND
TERMINATE IN THE \VL.STFRLYAND EASTERLY PROPERTY LINES OF SAID PARCEL. 2.
CONTAINING 7.493 SQUARE FLIT. MORE OR LESS.
SURII-.C'I' TO COVEiN'AN'TS. CONDITIONS. RESTRICTIONS. RESERVATIONS. EASEMENTS
NIS
AND RIGHTS-OF-WAY OF RL-.CORD. IF ANY.
SHE EXHIBIT "E3" ATTACHED HE.RI FO AND BY -1-1-IIS REPI RLiN'CIE MADE" A PART 11FRF.?OF.
Prepared under my supervision: �do D.DSL�G
D.
L. 7780tr
p
—� '---_ `per
Atnt:md� I,r xuPam. L.S. 7780 9r"OFCAV
II/i0/21
EXHIBIT "B"
PLAT TO ACCOMIPANY DESCRIPTION
I
I
�I
S391 s Iv rg" set
20'
_ r
N89'18 �
+J
W
75/4 U
� C
J I
j AIRCEL CIO
44.
U
I
I
CURVE TABLE
Lii\'E TABLE CURVE :: I RADIUS DELTA I LENGHT
!.TINE B l DIRECTION I LEiNGI"li CI I 99J4,00 I 0'0<'09" I 72.OG
C1 S89'77'45"N_ 2488' I C2 90.00 f 2J',!9'1J" I J7.42
CJ 9000
I 37 o5"1J' 5826
> z
DA515 OF BEARIN05
THE CENTERLINE OF BEACH BOULEVARD = 24' lOr STORM DRAIN E.AS!ArNi
0_ 2'50' PER PAI.B. 76/4n B;ING �N0039'<0'1'!. /
SCALE I"=50'
CRLRDA Job No 19516
Los Angeles
SUfiVEYING, INC.
411 JENKS CIRCLE,SUITE 204,CORONA. CA.92878 PHONE:951-280-9960 AX:951-280 97A6 •Aw.%,.calvaca.com
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,
Administ Ptive Gene al P ne
By:
Name: Ge ioe,�n
Its: --F"ems;
Guarantor:
JAMBOREE HOUSING CORPORATION,
a CalifoM* fi �
By:
Michael Massie,
Chief Development Officer
184020 97-0151
1718W9 1&01119122
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
County of Q(QOt c
On j6vluGt�) 1%. 2612- before me, J0160 (WIP 3arf;c Not 4f%) Public
Date Here Insert Name and Title of the Officer
personally appeared M1( 00al (r'0'SS,e
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
JUL, bo"RI BARRIOS
RRBARRIOSlaws of the State of California that the foregoing
+UL BARRIOS
1 ° "Ncw"^ paragraph is true and correct.
� Carvaluron/317SSS'
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 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: ❑ Other:
Signer is Representing: Signer is Representing:
2019 National Notary Association
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE 4 1189
,a
A notary puhBc 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 Placer
On January 20. 2022 before me. lanclle L. Ingle. NotaEy 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 names) 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
JANELLE L.'WAE laws of the State of California that the foregoing
Notary Public-Calaanu paragraph is true and correct.
Pacer Canty �_
commnsla+a 23550' WITNESS my hand and official seal.
00,y Comm.Eipvn Apr 21.2015
Signature
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 Documen'.
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(fes) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Corporate Officer - Title(s): o Corporate Officer - Title(s)
❑ Partner - o Limited ❑ General ❑ Partner - ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator o Trustee ❑ Guardian or Conservator
❑ Other: ❑ Other:
Signer is Representing: Signer is Representing:
FAOa _ OQOOQOOOOOOOOOOQOOOOOQOOOOOOOQOOOQOQOQOQOQr
C•2019 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. TAb0c.c"E
Notary puDlk•CeIXan4
Oraye county
(pmmiftipn 127St36S
My Comm.Expires"20, 2025
(Seal)
(Notary Signa e)