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HomeMy WebLinkAbout2024-06-14 - Easement Balestrate, LLC, a California Limited Liability Company Recorded in Official Records, Orange County Hugh Nguyen, Clerk-Recorder IIIIIIIII 11111111 I II II NO FEE * $ R 0 0 1 4 9 9 5 5 8 4 $ * 2024000148480 1:31 pm 06/14/24 440 412A Al2 6 RECORDING REQUESTED BY ) 0.00 0.00 0.00 0.0015.00 0.00 0.000.000.00 0.00 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, Balestrate, LLC , a California Limited Liability Company, (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 and Exhibit B (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. This document is solely for the official business of the City of Huntington Beach, as contemplated under Government Code Sec.27383 and should be recorded free agree/city wide/special utility easement l of charge. GRANTOR retains the right to use the surface of 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 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 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 overhead 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. agree/city wide/special utility easement 2 • 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 14th day of June , 20 24. GRANTOR CITY OF HUNTINGTON BEACH, Balestrate, LLC a municipal corporation of the State of California 064 6)06.1 By: Corinne Burton �1��e Eu,( (print name) f- Director o ublic rks Tom Herbel ITS: (circle o Chairman/President/Vice Presiders ember ATTES ' -4111111 441 - ( City Clerk By: d/F fe (PURSUANT TO RESOLUTION NO.2003-29) Donna Switzer Deanne Mendoza (print name) RE D D PPR ED: ITS: (circle one) Secretary/Chief Financial Officer/Assistant Secretary/Member City Ma ager Eric Parra By: APPROVE 0 FORM: Rachelle Cracchiolo (print name) City Attorney ITS: (circle one) Secretary/Chief Financial Michael E. Gates Officer/Assistant Secretary/Member agree/city wide/special utility easement 3 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 �,�1 'J" J} On 1.Ao, 20 12 O2'4 before me, n MaM �xx c-� a v I av`' Date ,� Here Insert Name and Title of the Officer /� personally appeared l.rX-W - I�U�I/ D I v.,r€ 4•Ae4V1CU,Ozc t ciarzein;bW Name(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. r�= SAMANTHa0z8AT I certify under PENALTY OF PERJURY under the f Notary Public-California laws of the State of California that the foregoing _, T Orange County paragraph is true and correct. ' * Commission#2464689 "L • ": My Comm.Expires Oct 25,2027 WITNESS my hand and official seal. abi. kr 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: -CQIk Lkk\ c't) eCt ,Dr Document Date: JJ 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): 0 Corporate Officer-Title(s): ❑ Partner- 0 Limited 0 General 0 Partner- 0 Limited 0 General O Individual 0 Attorney in Fact 0 Individual 0 Attorney in Fact ❑ Trustee 0 Guardian or Conservator 0 Trustee 0 Guardian or Conservator ❑ Other: Cl Other: Signer is Representing: Signer is Representing: ©2019 National Notary Association 1 -X1-h 3\T " v 1" EASEMENT DEDICATION LEGAL DESCRIPTION THAT PORTION OF PARCEL 3, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON PARCEL MAP RECORDED IN BOOK 98, PAGES 31 THROUGH 32 OF PARCEL MAPS, RECORDS OF ORANGE COUNTY, DESCRIBED AS FOLLOWS: A STRIP OF LAND 10 FOOT WIDE, THE CENTER LINE OF WHICH DESCRIBED AS FOLLOWS: BEGIN (POB) AT NORTHEASTERLY CORNER OF SAID PARCEL 3; THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL 58938'55"W 40.00 FEET TO TRUE POINT OF BEGINNING (TPOB); THENCE SOUTHERLY, PARALLEL WITH THE EASTERLY LINE OF SAID PARCEL, S00 21'05"E 10.00 FEET; THENCE PARALLEL WITH SAID NORTHERLY LINE, N8938'55"E 28.67 FEET; THENCE S00 21'05"E 259.00 FEET, THENCE N89 38'55"E 11.33 FEET TO SAID EASTERLY LINE OF SAID PARCEL 3. SUBJECT TO COVENANTS, CONDITIONS AND RESTRICTIONS, IF ANY. MORE PARTICULARLY SHOWN ON EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART THEREOF. ITF & ASSOCIATES, INC. 11278 LOS ALAMITOS BLVD., #354 LOS ALAMITOS, CA 90720 (‘(:) L ANDP• 800-797-9483 0.QGTHESEBYMEDESCRIPTORUNDERIONSMYHAVEDIRECT BEENIONPREPARED P EFIM TSALYUK .< F0 *tfj, L.S. 7421 ��Q- YEFIM TSALYUK, LS 7421 DATE 09/27/2023 91%F AL\ �� OF C EASEMENT DEDICATION EXHIBIT "B". • . . M AP ARGOSY AVENUE T P.O.B: POB NORTHEASTERLY .: S89'38'55' 200.00'W 40.0 ' 0. CORNER OF PARCEL 3 S0021'05" 10.00 11. E ' - 33' N89'38'55'E 67' 28. 1 • a O O N r 111 .et • aLil I IN o a3 * 11 I o Q I. P• N89'38'55"E 11,33' N89'38'18"E 200.00'