HomeMy WebLinkAbout2023-10-03 - Easement Huntington Gateway Industrial II, LLC Recorded in Official Records, Orange County
Hugh Nguyen, Clerk-Recorder
II III 11111 11111111111111111 II NO FEE
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RECORDING REQUESTED BY AND ) 2023000252527 4:01 pm 10116123
371 NC-5 E02 6
WHEN RECORDED RETURN TO: 0.00 0.00 0.00 0.0015.00 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 j„2CQ'
recording fees pursuant to i(!/��U
Government Code Section 6103.
SPECIAL UTILITY EASEMENT AGREEMENT
FOR SANITARY SEWER AND/OR STORM DRAIN PURPOSES
Property Address: 14752 Delta Lane,Huntington Beach, CA 92647; 14852 Delta Lane,
Huntington Beach, CA 92647 and 5473 Bolsa Avenue,Huntington Beach,CA 92647
For valuable consideration,receipt of which is hereby acknowledged
Huntington Gateway Industrial II, 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 of easement area as described on
Exhibit A and depicted on Exhibit B (both exhibits attached hereto and incorporated by
this reference), and made a part hereof; and to construct structures for the transmission
and delivery of sanitary sewer and/or 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 person under contract to CITY,
This document is solely for the official
business of the City of Huntington Beach,
as contempissed under Government Cods
1 Sec.27383 and shouktte recorded free
of charge.
whenever and wherever necessary for the purpose of laying, constructing,
reconstructing,renewing, inspecting,maintaining, operating,repairing, lining, enlarging,
replacing and using said sewer and/or 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 sanitary sewer
and/or storm water pipelines 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 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
landscape irrigation facilities which shall be the responsibility of Grantor (3) any
temporary or permanent structures located with 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 equipment
(such as backhoe)to affect repairs,which shall be the responsibility of the Grantor;
2
(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 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 this day of @ f°fir' 20 2-3 .
GRANTOR CITY OF HUNTINGTON BEACH, a municipal
corporation of the State of California
HUNTINGTON GATEWAY
INDUSTRIAL II, LLC
a Delaware limited liability company Director of Public Works
Chau Vu
By: SRG Huntington Gateway II, L.P. ATTEST:
a Delaware limited partnership �
Its: Managing Member
City Clerk /0/34.0:23
By: SRG Investors, LLC Robin Estanislau
a Delaware limited liability
company
Its: General Partner APPROVED AS T •
City Attorney
Michael E. Gates
IE 'ELANDiA PROVED:
By:<-
Name: 9 ELL ty Manager
Its: Authorized Agent Ar Zelinka
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 Orange )
On September 7, 2023 before me, Alexis Abad, Notary Public
(insert name and title of the officer)
personally appeared Patrick Russell
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. ; AD
Notary LEXISMaNfornia
Orange County
_
Commission#2427441
°��� �
O& My Comm.Expires Nov 20,2026
Signature (Seal)
1 EXHIBIT "A"
2
3 LEGAL DESCRIPTION
4 CITY OF HUNTINGTON BEACH
5 EASEMENT AGREEMENT
6
7 That certain easement situated in the City of Huntington Beach, County of Orange, State of
8 California, lying within Parcels 3, 4, and 5 of Parcel Map No. 2019-153 as shown on a map
9 thereof filed in Book 409, Pages 1 through 3 inclusive of Parcel Maps in the Office of the County
10 recorder of said Orange County, more particularly described as Easement Note (hexagon) "B"
11 on the map of said Parcel Map 2019-153.
12
13 SUBJECT TO all Covenants, Rights, Rights-of-Way and Easements of Record.
14
15 EXHIBIT "B" attached and by this reference made a part hereof.
H
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26 09/07/2023
27
28 Steven C. Slocum, P.L.S. 9044 Date
29 Michael Baker International
30 5 Hutton Centre Drive, Suite 500
31 Santa Ana, California 92707
32 JN 165711
33 H:\pdata\165711\Admin\DL\A2023-0830-Phase2_ESMT-legal-update
Page 1 of 1
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a INDICATES AN EASEMENT FOR SANITARY SEWER PIPELINE AND MAINTENANCE ACCESS PURPOSES
IN FAVOR OF THE CITY OF HUNTINGTON BEACH PER PARCEL MAP NO. 2019-153 P.M.B 409/1-3
00 LAND Sop
PREPARED BY ME OR UNDER .<kHEET
C sioc,A0 SHEET 1 OF 1 SS
MY DIRECT SUPERVISION Michael Baker
EXHIBIT "B" NO. 9044
SKETCH TO ACCOMPANY A \ / INTERNATIONAL
LEGAL DESCRIPTION FOR * /* 5 Hutton Centre Drive,Suite 500
CITY OF HUNTINGTON BEACH 19/O7/2O23 rgrf pF CAL1F/ Santa Ana,CA 92707
EASEMENT AGREEMENT STEVEN C. SLOCUM, P.L.S. 9044 DATE (949)472-3505 MBAKERINTL.COM
AUGUST 30, 2023 165711
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