HomeMy WebLinkAbout2023-10-30 - Easement Lennar Homes for California, LLC Recorded in Official Records. Orange County
Hugh Nguyen, Clerk-Recorder
II II II IIIIIIIIIH liii III II NO FEE
* S R 0 0 1 4 6 2 8 2 1 8 S *
2023000264626 9:46 am 10130123
RECORDING REQUESTED BY ) 90 CRSC06 E02 11
AND WHEN RECORDED RETURN TO: ) 0.00 0.00 0.00 0.00 30.00 0.00 0.000.000.00 0.00
)
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. 4)-5 a�
SPECIAL UTILITY EASEMENT AGREEMENT
For valuable consideration, receipt of which is hereby acknowledged Lennar
Homes for California, 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 (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
This docurnert is solely for the off vial
business of the City of Huntington Beach,
s contemplated sender Government Code
g/agree/surfnetfspecil utility easement/I2-07 1 of 3 Sec.27383 and shouk4-be recorded free
of charge.
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 Lennar
Homes for California, 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 (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
This document is rely for the official
business of the City of Huntington Beach,
es contemplated under Government Code
g/agree/surfnet/specil utility easement/12-07 1 of 3 Sec.27383 end 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 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 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 of 3
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 on Q C h*2e'Y — 2023.
GRANTOR CITY OF HUNTINGTON BEACH, a municipal
Lennar Homes of California, LLC corporation of the State of California
By: V�
1-cw..i 4. ire r o ublic Works
print name
ITS: (circle one)Chairman/PresidentNice ATTE T:
President part ^ n`[l'`-C
� City Clerk
By:
PURSUANT TO OLUTION NO.2003-29)
print name !� I D AN ' ' ''ROVED:
ITS: (circle one)Secretary/Chief Financial ��
Officer/Asst. Secretary-Treasurer \
er
APPROVED FORM:
City Attorney
g/agree/surfnet/specil utility easementil2-07 3 of 3
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 OfL.A J4 C
•
On babe er- 3 -40z 3 , before me, lal-G5" M• W ll.l-f M 5 0 rJ ,
insert name and title of the officer)
Notary Public, personally appeared A'D ' M e-61
4 AN
who proved to me on the basis of satisfactory evidence to be the person(.}-whose name(t) is/aye'
subscribed to the within instrument and acknowledged to me that he/$ /they executed the same
in his/fit-/thoe authorized capacity(ies, and that by his/ fth-signaturefrs) on the instrument
the person( -or the entity upon behalf of which the person(.eacted, 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.
• TERESA M.WILKINSON j
/any"� +/� �� COMM. N239t77t3 z
Signature " " _ c*" Notary Public•California 70
9 '> Orange County C
' M Comm.Expires Feb.23,202e Notary Public '^��� Y
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 8(2-.46'Jc'+ sc )
On Oecbggrl. 3.0 20'L•3 , before me, T gnAE SA P (13 L L&L►IJ S o 1•.) •
(insert name and title of the officer)
Notary Public, personally appeared. 8C2-%PcIJ Ii N GZ
who proved to me on the basis of satisfactory evidence to be the person(. -whose name4s'is/afe-
subscribed to the within instrument and acknowledged to me that he/sae/tPeayy executed the same
in his/l-yet7tl3err authorized capacity(iipay, and that by hisiber/the signaturece-'on the instrument
the personfa'f, or the entity upon behalf of which the person(a)-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.
TERESA M.WILKINSON
COMM. N239477a x
;- {�? Notary Public•California C
j Orange County
Signature -- 4 t M Comm.Expires Feb.23,2026
Notary Public
. • • • ..
EXHIBIT A
• .LEGAL DESCRIPTION..
. • • • WATER EASEMENT
. TRACT N0. 19136
• . THOSE PORTIONS OF:LOTS:78 ",C", 13 -, "F", ".G",:"L"; AND '`M"•OF.TRACT MAP NO:.19136,
IN:THE CITY OF HUNTINGTON-BEACH, COU.NTYOF ORANGE, STATE OF CALIFORNIA,
FILED IN:BOOK 1.003 PAGES 36.THROUGH 42, INCLUSIVE, OF MISCELLANEOUS MAPS,
. IN•THE OFFICE•OF THE COUNTY•RECORDER OF SAID C.OUNTY,'DESCRIBED AS • •
• • FOLLOWS: -
.PARCEL 1.. • •. -•
. •
COMMENCING AT:THE NORTHEASTERLY CORNER OF SAID TRACT NO,•19136; :
THENCEALONG THE NORTHERLY-LINE OF SAID TRACT ALSO BEING THE CENTERLINE. :
OF BLUEFIELD DRIVE NORTH 89°27'54"WEST; 261:19.FEET TO THE:SOUTHWESTERLY: : .
:RIGHT-OF-WAY LINE OF SAID BLUEFIELD:DRIVE AND THE-BEGINNING OF.A NON
• ;.TANGENT CURVE, CONCAVE.NORTHEASTERLY AND HAVING A RADIUS.OF 76.00 FEET,
• A RADIAL LINE TO SAID.BEGINNING OF CURVE:BEARS: SOUTH.49°23'44"WEST;.: - .
THENCE:SOUTHEASTERLY ALONG SAID'RIGHT=OF-WAY•LINE AND CURVE; 1.25'FEET,
• • .THROUGH A CENTRAL ANGLE OF:00°56'39":TO THE TRUE POINT OF BEGINNING;
:THENCE CONTINUING SOUTHEASTERLY-ALONG SAID RIGHT-OF-WAY LINE AND
• • CURVE,:15;15 FEET, THROUGH:A CENTRAL ANGLE•OF:11°25'05"; :
.THENCE:SOUTH 42°44''34".WEST; 7.69 FEET; :: • . _ : . • :
THENCE NORTH.47°1.5'26 WEST; 15.12 FEET;• -. • • :1 • • • • • • •
•• THENCE;NORTH EAST,.769 F:EET.TO THE TRUE POINT OF.BEGINNING:. '
THE:ABOVE DESCRIBED PARCEL CONTAINS 1,-13.SQUARE FEET; MORE OR LESS. : .
PARCEL 2_ . :• ; • • - •
• • :• •:COMMENCING AT.THE NORTHEASTERLY CORNER OF SAID TRACT NO..19136;: • .• • •
- •
THENCE ALONG THE NORTHERLY LINE OF SAID TRACT ALSO BEING•THE CENTERLINE
OF BLUEFIELD DRIVE NORTH 89°27'54.'"WEST; 261.19 FEET TO:THE SOUTHWESTERLY -
RIGHT-OF-WAY:LINE OF SAID BLUEFIELD:DRIVE'AND.THE BEGINNING,'OFA NON • .•
,:TANGENT:CURVE;.CONCAVE NORTHEASTERLY AND.HAVING A RADIUS OF 76:.00.FEET,•: :
:A.-RADIAL LINE TO SAID BEGINNING OF CURVE:BEARS SOUTH 49°23'4.4"WEST;. • . H
• • 'THENCE-SOUTHEASTERLY ALONG'SAID RIGHT-OF-WAY LINE AND.CURVE, 46.37 FEET, • • I • .
THROUGH A CENTRAL ANGLE OF•34°.57'4:1" TO THE TRUE POINT OF BEGINNING; : .• :
•THENCE EASTERLY ALONG SAID•RIGHT-OF-WAY:LINE AND CURVE,•10.16.FEET, • .
THROUGH.A CENTRAL ANGLE OF:07°39'461..1; • .
EXHIBIT A. Page 1 of.3:
•:: :M:\Mapping\308\087\Legals\Water Esmts\308=087wateresmt:docz • •
EXHIBIT:A
LEGAL DESCRIPTION: . .
WATER EASEMENT
'TRAC
T N0.:19136
THENCE SOUTH 00°32'06":WEST, 10.16:FEET;
THENCE NORTH:89°27'54"WEST, 10:00 FEET;
THENCE NORTH 00°32'06" EAST,:11.94:FEET TO THE TRUE:POINT OF BEGINNING: •
THE:ABOVE DESCRIBED PARCEL CONTAINS 109 SQUARE FEET,:MORE OR LESS.
PARCEL 3 :
: COMMENCING AT THE CENTERLINE INTERSECTION OF STRATHMOOR:LANE AND;
:GISLER_DRIVE:AS:SHOWN ON:SAID:TRACT:NO.: 19136;i
THENCE ALONG THE SAID CENTERLINE OF GISLER DRIVE NORTH 89°42'05".WEST;
45.00 FEET TO THE EASTERLY LINE:OF SAID LOT ''D"AND THE TRUE:POINT OF' :
BEGINNING; .
:.THENCE ALONG:SAID EASTERLY LINE SOUTH 00°17'55".WEST, 8.42 FEET;.
• THENCE NORTH 89°42'05"WEST, 26.97 FEET;
THENCE SOUTH,00°17l'55°.WEST; 14.38 FEET;::
THENCE NORTH.89°42'05 WEST; 13.08 FEET;
: THENCE SOUTH:00°17'55":WEST, 2:88 FEET;',
THENCE NORTH89°42'05"WEST, 14.41:FEET; :
THENCE NORTH100°17:155 EAST,:24:67:FEET; : .
THENCE SOUTH 89°42'05":EAST, 24.05 FEET; -
THENCE NORTH 00°17'55 EAST, 2:58 FEET;
• THENCE SOUTH 89°42'05"_EAST; 30:4.1 FEET TO SAID:EASTERLYLINE OF.LOT"D";
THENCE:ALONG SAID EASTERLY LINE SOUTH 00°17'55"WEST, 1.58 FEET.TO THE TRUE :
POINT OF BEGINNING.
THE:ABOVE DESCRIBED PARCEL CONTAINS 919 SQUARE:FEET, MORE OR.LESS.
EXHIBIT -
M:\Mapping\308\087\LegaIs\Water Esmts\308-087wat e ridocx Pag
e
EXHIBIT A
LEGAL DESCRIPTION
WATER EASEMENT
TRACT NO. 19136
PARCEL 4
COMMENCING AT THE CENTERLINE INTERSECTION OF STRATHMOOR LANE AND
GISLER DRIVE AS SHOWN ON SAID TRACT NO. 19136;
THENCE ALONG THE SAID CENTERLINE OF GISLER DRIVE NORTH 89°42'05" WEST,
45.00 FEET TO THE EASTERLY LINE OF SAID LOT "D";
THENCE CONTINUING NORTH 00°17'55" EAST, 11.58 FEET TO THE TRUE POINT OF
BEGINNING;
THENCE CONTINUING ALONG SAID EASTERLY LINE NORTH 00°17'55" EAST, 10.00
FEET;
THENCE LEAVING SAID EASTERLY LINE NORTH 89°44'27" WEST, 38.57 FEET;
THENCE NORTH 00°15'33" EAST, 13.44 FEET TO THE NORTHERLY LINE OF SAID LOT
THENCE ALONG SAID NORTHERLY LINE NORTH 89°42'06" WEST, 15.12 FEET;
THENCE SOUTH 00°15'33" WEST, 23.45 FEET;
THENCE SOUTH 89°44'27" EAST, 53.68 FEET TO THE TRUE POINT OF BEGINNING.
THE ABOVE DESCRIBED PARCEL CONTAINS 740 SQUARE FEET, MORE OR LESS.
THIS DESCRIPTION WAS PREPARED BY ME, OR UNDER MY DIRECTION, IN
CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS' ACT.
c����cccep ,`'^
Ce1 '. t:44, „.Ak. ts-
KURT R. TROXE L, P.L.S. 7854
DATE PREPARED: 4/19/2023 `vo y No.7854.. 7
GG ��
yuVJJJ� JJi i,-4
EXHIBIT A- Page 3 of 3
M:\Mapping\308\087\Legals\Water Esmts\308-087wateresmt.docx
EXHIBIT B
IQ j 1
m >
of
U p
"L" o _BLUEFIELD DRIVE N _(PUBLIC)
PARCEL 1 (SEE PAGE 2) Li')
__ "M" N
— DAYBREAK DRIVE
N (PRIVATE
f— PARCEL 2 (SEE PAGE 2)
"C" 78 70
-FRAM' NO, 19136 26 51,25'
w
z .-,
36 _JIQ
> 77 80
a W I
0- z
__I `• a
a NtiL 1003/36 2 —'
ix U
76 81 o m
i m
2 n-
37 82 a 1 "
ce
75
PARCEL 4 cn
"G" I(SEE PAGE
N"
GIS_LER DRIVE _
(PRIVATE) -co
—
\ "r" PARCEL 3
58 7% 83 (SEE PAGE 3)
) 1
LEGEND: <,„,,,, ,i,,^
�."``'NL 1: 0""""
EASEMENT LINES .5\•'' 'r .O
— — SUBJECT PROPERTY LINES4,1
�w�' R RRt" 4
11
T.P.O.B. TRUE POINT OF BEGINNING `a4^i 7,
P.O.C. POINT OF COMMENCEMENT k A.—� *1
71
60' 0' 30' 60' .' ••�,
M y' OF CA1,1C�4
c'" SCALE: 1" = 60' 4/18/2023
• i FUSCOE
EXHIBIT B DATE: April 18, 2023
Iili..
ENGINEER ING FN: 308-087wateresmt
PLAT TO ACCOMPANY LEGAL DESCRIPTION
15535 Sand Canyon Ave., Suite 100 DRAWN BY: SZJ
Irvine,California 92618 CHECKED BY: KRT
tel 949.474.1960 O fax 949.474.5315 of: WATER EASEMENT
www.fuscoe.com TRACT NO. 19136 SHEET 1 OF 3
M:\Mapping\308\087\Legals\Water Esmts\308-087wateresmt.dwg I PLOT: 6/12/2023 11:55:49 AM
EXHIBIT B
a \
z
aw
o .E . I W
OU -_ N Z
U i�I J o
( 1
0) W
T.P.O.B. OF PARCEL 1 0
Cl a
N89'27'54"W 261.19' ;,,�
27 S48' '05"W (R +' .1,Nte. — — — �— c I
`1i5�r38,. BLUEFIELD DRIVE (PUBLIC) o
U
"L" PARCEL 1 �111, (� 6Op' _
7FiAG7 C'3631' ��64.81' NO, 10136 N a CO
o S37'02 00 W () I �-
"G„ d SOUTHWESTERLY T.P.O.B. OF C4 N
RIGHT OF WAY PARCEL 2 —
S14'26'03"W () ( .545'28'19"E (RI "1w
PARCEL 2
w DAYBREAK \ L5
Q DRIVE
(PRIVATE)
z NL1\11, 1003/36-42
i J
Iruss
I—
a > 73
J E
\ "' 1" a
r
36 VARIES 1 26'
/ ei
LINE TABLE
CURVE TABLE NO. BEARING LENGTH
NO. DELTA RADIUS LENGTH L1 S42'44'34"W 7.69'
L2 N47'15'26"W 15.12'
C1 00'56'39" 76.00' 1.25' L3 N42'44'34"E 7.69'
C2 11'25'05" 76.00' 15.15' L4 S00'32'06"W 10.16'
C3 22°35'57" 76.00' 29.98' L5 N89'27'54"W 10.00' N
C4 07'39'46" 76.00' 10.16' L6 N00'32'06"E 11.94'
20' 0' 10' 20'
"1111 SEE LEGEND ON PAGE 1 NE�mom
SCALE: 1" = 20'
Ilk I'�E„ FUSCOE EXHIBIT B DATE: April 19, 2023
ENGINEERING FN: 308-087wateresmt
PLAT TO ACCOMPANY LEGAL DESCRIPTION
15535 Sand Canyon Ave.,Suite 100 DRAWN BY: SZJ
Irvine,California 92618 CHECKED BY: KRT
tel 949.474.1960 0 fax 949.474.5315 of: WATER EASEMENT
www.fuscoe.com TRACT NO. 19136 SHEET 2 OF 3
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EXHIBIT B
BLUEFIELD
DRIVE
IFiACT NO, 19136 (1
z
26' 2
N89'42'06"W I OT 82 I
,-15.12'� bin
"Cl*`"'I J N
L16�
''t NN �N89'44'27"W 38.57' ' b
17 o N 0 U)
o PARCEL 4 coo ' '- iN
T.P.O.B. OF PARCEL 4 0
N -•--- S89'44'27"E 53.68' - - T.P.O.B. OF PARCEL 3 N
GISLER DRIVE c
(PRIVATE) L13 S89'42'05"E 30.41' L17
N89°42'05"W 45.00'
w
24.05' r`' P.O.C. OF
w ( --S89'42'05"E J ' PARCEL 3 & 4
co PARCEL 3 1 gg?42 05"W 97' `r' o IX
Z r O
l NrN U
L���L 10 1-r al 1
Q m
11
in
LOT 83
J\1Ll\Il, 1003/36-42 26'
LINE TABLE LINE TABLE (CONTINUED)
NO. BEARING LENGTH NO. BEARING LENGTH
L7 SO0'17'55"W 8.42' L13 N00'17'55"E 2.58'
L8 NO0'17'55"E 10.00' L14 NOO'15'33"E 13.44'
L9 SOO'17'55'W 14.38' L15 NO0'17'55"E 9.58'
L10 N89'42'05"W 13.08' L16 N00'17'55"E 4.42'
L11 S00'17'55"W 2.88' L17 S00'17'55"W 1.58' 1411
L12 N89'42'05"W 14.41' i
20' 0' 10' 20'
Num SEE LEGEND ON PAGE 1 ��i���
. SCALE: 1" = 20'
. 1
�i..„ . FUSCOE EXHIBIT B DATE: April 18, 2023
ENGINEER ING FN: 308-087wateresmt
PLAT TO ACCOMPANY LEGAL DESCRIPTION
DRAWN BY: SZJ
15535 Sand Canyon Ave.,Suite 100
Irvine,California 92618 CHECKED BY: KRT
tel 949.474.1960 O fax 949.474.5315 of: WATER EASEMENT
www.fuscoe.com TRACT NO. 19136 SHEET 3 OF 3
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