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HomeMy WebLinkAboutBella Terra Associates, LLC - 2023-08-15 (2) Recorded in Official Records, Orange County Hugh Nguyen, Clerk-Recorder RECORDING REQUESTED BY ) II I I ill III I11111111111111111 NO FEE AND WHEN RECORDED RETURN TO: ) * $ R o 0 1 4 6 2 7 2 1 5 $ * ) 2023000264074 2:19 pm 10127123 City Clerk ) 434 Sec4A E02 9 City of Huntington Beach ) 0.00 0.00 0.00 0.00 24.00 0.00 0.000.000.00 0.00 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 AGREEMENT For valuable consideration, receipt of which is hereby acknowledged, Bella Terra Associates, LLC, (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— Legal Description and Exhibit B —Water Line Easement Exhibit (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 the right of way in such a manner as Grantor shall This document is solely for the official business of the City of Huntington Beach, as contempisied under Government Code agrcc/city wide/special utility easement 1 Sec.27383 and should-De recorded free of charge. cOp\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 AGREEMENT For valuable consideration, receipt of which is hereby acknowledged, Bella Terra Associates, LLC, (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—Legal Description and Exhibit B Water Line Easement Exhibit (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 the right of way in such a manner as Grantor shall This document is solely for the official business of the City of Huntington Beach, es contemplated under Government Code agree/city wide/special utility easement 1 Sec.27383 and should-be recorded free of charge. 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/agree/surfnet/specil utility 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 by the Grantor he this / day of 1/0"-- 202?j . GRANTOR CITY OF HUNTINGTON BEACH, a municipal Bella Terra As c' es,'LLC corporation of the State of California By: rin name Director of Public Works ITS: (circle one)ChairmanPresiden ice rest ent ATTEST: B City Cler. W(Itc C 5`I) e,` (PURSUANT TO RESOLUTII NO.2103-29) print name ITS: (circle one)SecretaryCChief Financia • •r't WED A D AP' ' 1 VED: tcer7lsst.Secretary-Treasurer City i r• APPROVED e. City Attorney g/agree/surfnet/specil utility easement/I2-07 3 ACKNOWLEDGMENT 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 Santa Barbara ) On August 15th, 2023 before me, Amy Kathleen Fuste, Notary Public. (insert name and title of the officer) personally appeared Lindsay Parton 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 laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. • rr AMY KATHIEEN FUSTE Notary Public•California Santa Barbara Caunry, �. •' `At Commission#2405406 •• " My Comm.Expires May 24,2026 Signature ^ (Seal) ACKNOWLEDGMENT 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 96(Ocriv 0 Cw?k ) On QS A j! 16 before me, R e\►A lGt Z. V3 N 6iZtYy PIA f\IC. t,' (insert name and title of the officer) (J personally appeared CO r k-A 0' C V who proved to me on the basis of satisfactory evidence to be the personwhose name s re s�t tlscribed to the within instrument nd acknowled ed to me that he/she/they executedthe`same in lher/th ' authorized capacity ' s), and that by4/her/th it signature( (on the instrument the person(�S',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. R. FERNANDES< NELNp4 Signature / (Seal) th 611171.7.„.ili:Cti.5.'J'uccRIN,20'1'21-4 EXHIBIT"A" LEGAL DESCRIPTION FOR THE BELLA TERRA ON-SITE WATER EASEMENT PARCEL"A" THAT CERTAIN PARCEL OF LAND IN THE CITY OF HUNTINGTON BEACH,COUNTY OF ORANGE,STATE OF CALIFORNIA, BEING A PORTION OF PARCEL 4 AS SHOWN ON CITY OF HUNTINGTON BEACH LOT LINE ADJUSTMENT NO. 10-006,AS EVIDENCED BY A DOCUMENT RECORDED OCTOBER 21,.2011 AS INSTRUMENT NO. 2011000527951,OFFICIAL RECORDS OF SAID COUNTY,SAID PORTION MORE PARTICULARLY DESCRIBED AS FOLLOWS: POINT OF BEGINNING (POB PARCEL A)AT A POINT ON THE WESTERLY LINE OF PARCEL 8OF PARCEL MAP NO.2003-163,AS PER MAP FILED IN BOOK 358, PAGES 1 THROUGH 9, INCLUSIVE, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY;SAID POINT BEING DISTANT NORTH 00°27'54" EAST 75.08 FEET FROM THE SOUTHWEST CORNER OF SAID PARCEL 8;THENCE LEAVING SAID WESTERLY LINE, NORTH 89°32'06" WEST 65.03 FEET TO A POINT ON THE CENTERLINE OF EASEMENT "A25", BEING THAT CERTAIN 10.00 FOOT WIDE EASEMENT TO THE CITY OF HUNTINGTON BEACH FOR PUBLIC WATER FACILITIES, MAINTENANCE AND APPURTENANCE PURPOSES,AS PER DOCUMENT ENTITLED"SPECIAL UTILITY EASEMENT AND MAINTENANCE AGREEMENT", RECORDED JANUARY 03, 2007 AS INSTRUMENT NO.2007000003422,OFFICIAL RECORDS OF SAID COUNTY. EXCEPTING THEREFROM THAT PORTION LYING WITHIN THE HEREINABOVE MENTIONED EASEMENT "A25". CONTAINING AN AREA OF 600 SQUARE FEET,MORE OR LESS. PAGE1OF2 PARCEL"B" THAT CERTAIN PARCEL OF LAND IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING A PORTION OF PARCEL 8 OF PARCEL MAP NO. 2003-163,AS PER MAP FILED IN BOOK 358, PAGES 1 THROUGH 9, INCLUSIVE,OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID PORTION MORE PARTICULARLY DESCRIBED AS FOLLOWS: POINT OF BEGINNING (POB PARCEL B) AT A POINT ON THE WESTERLY LINE OF SAID PARCEL 8, SAID POINT BEING DISTANT NORTH 00°27'54" EAST 75.22 FEET FROM THE SOUTHWEST CORNER OF SAID PARCEL 8;THENCE ALONG SAID WESTERLY LINE NORTH 00°27'54" EAST 5.00 FEET; THENCE SOUTH 89°32'06" EAST 5.00 FEET;THENCE PARALLEL WITH SAID WESTERLY LINE SOUTH 00°27"54" WEST 5.00 FEET;THENCE NORTH 89°32'06"WEST 5.00 FEET TO SAID WESTERLY LINE AND THE POINT OF BEGINNING OF PARCEL B. CONTAINING AN AREA OF 25 SQUARE FEET, MORE OR LESS. MORE PARTICULARLY SHOWN ON EXHIBIT"B" ATTACHED HERETO AND MADE A PART HEREOF. BOTH PARCEL A AND B SUBJECT TO COVENANTS CONDITIONS AND RESTRICTIONS OF RECORD, IF ANY THIS DESCRIPTION HAS BEEN PREPARED BY ME, �� LAND so OR UNDER MY DIRECTION ON JULY 13, 2023. .``'‘4' PETER d'Pla,o EDWARD WEILBACHER * Exp. 06/30/24 * N0. 8403 PETER E.WEILBACHER, PLS 8403 s� ��p qTf OF CAO, - PAGE 2 OF 2 SHEET 1 of 2 SCALE: 1" - 30' �� �� ' / Z / PARCEL 4 ,� �/ CITY OF HUNTINGTON BEACH BEACH 1 ( LOT LINE ADJUSTMENT NO. 10-006 1-._ I-5� REC. 10/21/2011 5'---i �iO,O INST. NO. 2011000527951, O.R. YT' Is 14-3 S LAND SG N 5 rn �``� PETER N ^ P.O.B. - PARCEL "A" EDWARD /° n N8:2'06nW "POINT A" WEILBACHER .03'+ /'~ �\ W v. 06/30/24 NO. 8403 N i Q• � �OF WO z J� _-5' n 5 '--l-?QZ .,1 10'0 PARCEL "A" '"• rc.X S ` In 600 SQ. FT. N o N a PETER WEILBACHER, LS 8403 I a a EXPIRES 06-30-24 PARCEL "B" 3 26' SEE SHEET 2. 57 8,2's' 61.82' 4.96' 61.08' N8931'55"W 76.78' i- - A/795150„f NOTES: SEE SHEET 2 FOR LEGEND AND EXISTING EASEMENT NOTE. o _ _ _ L _ _ _ EDINGER AVENUE JN# 5001-666 EXHIBIT "Er PBLA SURVEYING, INC. SKETCH TO ACCOMPANY LEGAL DESCRIPTION �� „ti,l,s •■„a„•• ••urvymo BELLA TERRA ON-SITE EASEMENT B�© 981 CORPORATE CENTER. DR., STE 168 HUNTiNGTON BEACH, CALIFORNIA POMONA, CALIF. 91768 A (888) 714-9842 (714)389-9191 FAX SHEET 2 of. 2 SCALE: 1" - 5' : SEE SHEET '1 Irn n L1. N oo PARCEL B N * ttj 25 S.F.. ' N89 32'06"W 65,03' TV E I L3 P,O,B. `S, r `� PARCEL "A" PARCEL "A P.O.B. 600 SQ. FT. PARCEL "B" PARCEL 4 N 1 CITY OF HUNTINGTON BEACH BEACH .- �,?, VD LOT LINE ADJUSTMENT NO. 10-006 N 00 A REC. 10/21/2011 -03 o i INST. NO. 2011000527951, O.R. ^ csv LEGEND c� o00 PROPERTY LINE o a . EXISTING CENTERLINE d EASEMENT CENTERLINE �'- P.O.B' POINT OF BEGINNING �� H EXISTING EASEMENT NOTE: . LINE TABLE A 10.00 FOOT WIDE EASEMENT TO THE LINE BEARING LENGTH CITY OF HUNTINGTON BEACH FOR PUBLIC WATER FACILITIES, MAINTENANCE AND Li S8932'06"E 5.00' APPURTENANCE PURPOSES, AS PER DOCUMENT ENTITLED "SPECIAL UTILITY L2 S0027'54"W 5.00' EASEMENT AND MAINTENANCE AGREEMENT", RECORDED JANUARY 03, 2007 AS L3 N89 32'06"W: 5.00' INSTRUMENT NO. 2007000003422, O.R. JN# 5001-666 EXHIBIT °Bp " . ..- PBLA SURVEYONO, INC. SKETCH TO ACCOMPANY LEGAL DESCRIPTION Planning . ,., ,a.•urv.ytno BELLA TERRA ON-SITE EASEMENT B"" al 981 CORPORATE CENTER. DR., STE 168 HUNTINGTON BEACH, CALIFORNIA POMONA, CALIF. 91768. A: : (888) 714-9842 (714)389-9191 FAX - ., - P -...C-. S.JI.J:Ii%Y._-II,.i. I V ..•.. A. I- .