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Home My WebLink AboutBCore Retail Brookhurst Adams, LLC - 2024-01-18 (2) Recorded in Official Records, Orange County Hugh Nguyen, Clerk-Recorder 11111111111111111111111111 NO FEE * $ R 0 0 1 4 8 3 3 6 4 0 $ * 2024000056797 1:42 pm 03114124 480 Sec4A E02 6 RECORDING REQUESTED BY ) 0.00 0.00 0.00 0.00 15.00 0.00 0.000.000.00 0.00 AND WHEN RECORDED RETURN TO: ) ) City Clerk ) City of Huntington Beach ) 2000 Main Street ) Huntington Beath, CA 92648 ) [Space above this line for Recorder's use.] This document Is zoIey for the official • businzess of the City of Hi:n lton Beech, This document is exempt from is contemplated under Cso'venwnent Code recording fees pursuant to Sec.27383 and should-be recorded free Government Code Section 6103. of charge. (931 - SPECIAL UTILITY EASEMENT AGREEMENT For valuable consideration, receipt of which is hereby acknowledged SCORE RETAIL BROOKHURST ADAMS,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 i 4 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 g/agree/surfnet/specil utility easement/12-07 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 easen,ent/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 herein this f Y ♦ day of Jec..-4JGdy 202 ' . GRANTOR: CITY OF HUNTINGTON BEACH, a municipal BCORE RETAIL BROOKHURST ADAMS corporation of the State of California LLC, a ela rAre limited liability company By: indsa ajor print name Direct of Public Works ITS: (circle one airman/PresidentNice CI J V U President ut • tgnat ATTEST: By: City Clerk Scott Miller (PURSUANT TO iusoL.ur • • 003-29) print name Robin esi-G,nislat ITS: (circle one)Secretary/Chief Financial REVI D A .>t • PPR V : Officer/Asst.Secretary-Treasurer Att rtze Signato Irrt?rint.City Ma ager Eric 6. Corm APPROVED A M: City Attorney t✓liGh�,ai E e• -tifc 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 ILLINOIS COUNTY OF COOK On J °1✓lU ovv / a, 2024, before me, a ( ► 61 r 1 C rC k 44 a notary public in and fo{said State, personally appeared Lindsay Major,who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, 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 Illinois that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature p v— (SEAL) , Official Seal V Maria Merchant ► 4 Notary Public State of Illinois E My Commission Expires 8/3/2025 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 ILLINOIS COUNTY OF COOK On )6/1M01J- 2024, before me, ✓ u (1 4 i et C ��G� , a notary public in anti/for said State, personally appeared Scott Miller, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, 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 Illinois that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (SEAL) Official Seal Marla Merchant Notary Public State of Illinois My Commission Expires 8/3/2025 • EXHIBIT "A" LEGAL DESCRIPTION THAT PORTION OF PARCEL A, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER PARCEL MAP RECORDED IN BOOK 108, PAGES 40 AND 41 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BEING A STRIP OF LAND 10.00 FEET WIDE, LYING 10.00 FEET WESTERLY OF THE FOLLOWING DESCRIBED SIDELINE: BEGINNING AT A POINT ON THE SOUTHERLY LINE OF PARCEL 10 OF SAID PARCEL MAP, SAID POINT BEING 5.00 FEET WESTERLY AS MEASURED ALONG SAID SOUTHERLY LINE FROM THE CENTERLINE OF AN EASEMENT DEDICATED TO THE CITY OF HUNTINGTON BEACH ON SAID PARCEL MAP FOR WATER PURPOSES;THENCE SOUTH 01°10'57" EAST ALONG THE WESTERLY LINE OF SAID EASEMENT TO THE CITY OF HUNTINGTON BEACH FOR WATER PURPOSES, A DISTANCE OF 40.00 FEET TO A POINT ON THE NORTHERLY LINE OF SAME SAID EASEMENT FOR WATER PURPOSES DEDICATED TO THE CITY OF HUNTINGTON BEACH ON SAID PARCEL MAP. THE SIDELINES OF SAID STRIP SHALL BE LENGTHENED OR SHORTENED AS TO TERMINATE AT SAID SOUTHERLY LINE OF PARCEL 10 AND SAID NORTHERLY LINE OF SAID EASEMENT DEDICATED TO THE CITY OF HUNTINGTON BEACH ON SAID PARCEL MAP FOR WATER PURPOSES. CONTAINING APPROXIMATELY 400 SQUARE FEET. AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. Zi 4 *, LS.7780 * OF Cl,!AO�F Armando D. DuPont, L.S. 7780 February 1, 2024 EXHIBIT "B" PLAT TO ACCOMPANY LEGAL DESCRIPTION 6. W' PARCEL 10 g P.M.B. 108/40-41 0 /A U �/J isl (n Q m 60' k x N. N88'49'03 E 104.00' Y N88 49'03 E 80.01' —� 2i.99' O ----- 25.24' j 5 o oz SOUTHERLY LINE / I P.O.B. 0 iOF PARCEL 10 4/,� . -1 `1 L W o CaPARCEL A ;,0 5 I- P.M.B. 108/40-41 o I %/Y 10'—I 0 —T 1�10'. I — L r — — - - EASEMENT FOR WATER PURPOSES DEDICATED I I TO THE CITY OF HUNANGTON BEACH ON I I P.M.B. 108/40-41 I I t,p,Nb s, � .. ?y�. _ . A. % LS.7750 * %//A = EASEMENT AREA * 1400 SO. FT. til A OP S) 0 it II► G • 0' 15' 30' SCALE: 1'=30' CAL VADA Job No.21818-1 Los Angeles SURVEYING, INC. 411 JENKS CIRCLE,SUITE 205,CORONA, CA.92878 PHONE:951-280-9960 FAX:951-280-9746 www.calvada.com