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HomeMy WebLinkAboutG&M GAPCO, LLC - 2025-04-07 (2) Recorded in Official Records, Orange County Hugh Nguyen, Clerk-Recorder 4r, II 11 II III II I I 111111 I I I I I II NO FEE * $ R 0 0 1 5 5 0 6 8 8 6 $ * 2025000102988 02:39 pm 04/07/25 90 CR-SCO6 E01 7 0.00 0.00 0.00 0.00 18.00 0.00 0.00 0.00 0.00 0.00 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 3 t Government Code Section 6103. SPECIAL UTILITY EASEMENT AGREEMENT For valuable consideration,receipt of which is hereby acknowledged, G&M GAPCO, 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 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. 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 This document b solely for the official agree/city wide/special utility easement business of the City of Huntington Beech, tea cantsmpdatad under Gov nwnent Coda Sec.27383 end ahouldbo recorded fres of charge, gyzi2 t 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, G&M GAPCO, 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 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. 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 Tithh tfccummnt IS SO14 y for the off del agree/city wide/special utility easement 1 business of fibs City of Huntlnaton Beech, es contemplated under Government Coda Sec.27383 and should recorded f i of eitorro. 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 =Ph day of ArriI , 20 25 . GRANTOR CITY OF HUNTINGTON BEACH, G&M GAPCO, LLC a municipal corporation of the State of California BY: Ak-Olei -\41 .- (print name) ctor of ublic Works ITS: ci e one) Chairman/Presiden ' - sident TT ST: /frptej /tM City Clerk By: (PURSUANT TO RESOLUTION NO.2003-29) caw— (print name)name) REVIEWED AND AP ROVED: ITS: (circle one)(jecretarylthief Financial Officer/Assistant Secretary City Man ger APPROVED AS TO FORM: City Attorney agree/city wide/special utility easement 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 O%C1vt\o4 ) On 6\O. c,\••• \'N 1/" .04.5 before me, N.ac l mi(,\nct 1 \At-NiH^l ,.06kG{5 i4t.‘(insert name and title of he officer) personally appeared N-CA`"� `(`(\, (A„(-.c \ C Q�( k5 , 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. CARL MICHAEL HEOLUND Notary Public-California e : Orange County ' M CommissfonA2444370 My Comm.Expires Apr 15,2027 • Signature ' 'U (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 et f o.^91- ) Onfik\aA ^ \' 1.4))%C before me, L 4 11(4u (insert name and title of the officer) personally appeared �\/\.cA k ti t S S\c,Ar 9 (A" 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. ,. CARL MICHAEL HEGLUNO „ �y Notary Public•California 4�{ Orange County 441!- Camminslon N 2444370 My Comm.Expires Apr ts.2027 Signature (Seal) EXHIBIT "A" SHEET 1 OF 1 WATERLINE EASEMENT LEGAL DESCRIPTION THE LAND REFERRED TO HEREON IS SITUATED IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA. BEING A PORTION OF THE NORTH 50.00 FEET OF THE SOUTH 230.00 FEET OF THE WEST 200.00 FEET OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 1, TOWNSHIP 6 SOUTH, RANGE 11 WEST, SAN BERNARDINO BASE AND MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF SECTION 1, TOWNSHIP 6 SOUTH, RANGE 11 WEST, SAN BERNARDINO BASE AND MERIDIAN; THENCE ALONG THE WESTERLY LINE OF SAID SECTION NORTH 00'18'33" EAST 230.00 FEET TO A LINE BEING PARALLEL TO AND 230.00' NORTHERLY OF THE SOUTHERLY LINE OF THE SAID NORTHWEST QUARTER OF SECTION 1, THENCE ALONG SAID PARALLEL LINE SOUTH 89'15'31" EAST 88.00 FEET TO THE EASTERLY RIGHT OF WAY OF BEACH BOULEVARD; THENCE ALONG THE SAID EASTERLY RIGHT OF WAY OF BEACH BOULEVARD, ALSO BEING PARALLEL TO THE SAID WESTERLY LINE OF SECTION 1, SOUTH 00'18'33" WEST 16.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID. EASTERLY RIGHT OF WAY OF BEACH BOULEVARD SOUTH 89'41'27" EAST 4.5 FEET; THENCE SOUTH 0018'33" WEST 6.00 FEET; THENCE NORTH 89'41'27" WEST 4.50 FEET TO THE SAID EASTERLY RIGHT OF WAY OF BEACH BOULEVARD; THENCE ALONG SAID RIGHT OF WAY NORTH 0018'33" EAST 6.00 FEET TO THE SAID TRUE POINT OF BEGINNING. CONTAINING 27 SQUARE FEET. SEE EXHIBIT "B" ATTACHED HERETO AND MADE PART OF THIS DESCRIPTI❑N HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTI❑N' 12/13/24 BE ARD AYER L.S. 7319 DATE BY SITETECH, INC. Aso LAND so DK.. L NO. 7319 Exp. 6-30-25 EXHIBIT "B" SHEET 1 OF 1 tai 'WATERLINE EASEMENT EASEMENT PLAT W SCALE: 1"=30' S 89'15'31" E ___.) ( ---- 88.00' n J I T.P.O.B. L2 POR. OF THE SW 1/4 OF THE NW 1/4 SEC. 1 I L4 APN: 153-051-15 0 , C a J I 0 m I Line Table I Line # Direction Length U Q • . LiL1 •S00' 18' 33"W 16.00' W z � COx z L2 S89' 41' 27"E 4.50' b Imo:' I w v L3 S00' 18' 33"W 6.00' - o I zz z L4 N89' 41' 27"W . 4.50' N LIJ F- v w L5 N 00' 18' •33"E 6.00' w N. Do: cc M w Z L.L. COO LEGEND U , b J P.O.C. POINT OF COMMENCEMENT Z I / T.P.O.B. TRUE POINT OF BEGINNING/ .--..... PARCEL LINE PJZ'� PROPOSED EASEMENT AREA DATE SIGNED: 12/13/24 I ye0 LAND sfr NO. 7319 • 6-30-25 YORKTOWN AVENUE ‘P."),. � F ,. o —PREPARED BY: P.O.C. SW COR OF �F CALIF SITETECH, INC. NW 1/4 SEC 1, P.O. BOX 592HIGHLAND, CA 92346 T6S, R11W, PH: (909)864-3180 1