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HomeMy WebLinkAbout2025-07-23 - Easement Herman Karabulut and Marlyn Karabulut Recorded in Official Records, Orange County Hugh Nguyen, Clerk-Recorder 111111111 II I II 1111111 11111 NO FEE * $ R 0 0 1 5 7 0 5 6 8 0 $ * 2025000206268 09:09 am 07/24/25 380 CR-SCO5 Al2 6 RECORDING REQUESTED BY ) o.00 o.00 o.o0 0.00 15.00 0.00 0.00 0.00 0.00 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, Herman Karabulut and Marlyn Karabulut, Husband and Wife as Joint Tenants, (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. nits document te sc4ety for the official business of the City of Huntington Bench, as contemplated under Government Code Sec.27383 and should-be recorded fees agree/city wide/special utility easement l 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, Herman Karabulut and Marlyn Karabulut, Husband and Wife as Joint Tenants, (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 shout l-be recorded five agree/city wide/special utility easement 1 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 may proper.ro GRANTOR request CITY to change or relocate CITY's water mains or P P Y g 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 thisy"l- day of d(,,itt , 201rj. GRANTOR CITY OF HUNTINGTON BEACH, Herman Karabulut and Marlyn Karabulut, a municipal corporation of the State Husband and Wife as Joint Tenants of California By: G�� &I-v(1 7V6-404 tiv KA(Agct ul 7 (print name) Director of Public Works Chau Vu ATTEST: (A44(1 A4-t. A/Kri/r -- f' City Clerk By: (PURSUANT TO RESOLUTION NO.2003-29) Lisa Lane Barnes M o rl n I Le r-o,but Li+ (print name) REVIEWED AND APPROVED: City Mana:er Travis Hopkins APPROVED AS TO FORM: City Attorney Michael Vigliotta 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 ORANGE On /) J27/i9 before me, JAYDEN GABRIEL KLEIN NOTARY PUBLIC (insert name and title of the officer) personally appeared /✓A L�/nl VirdASULUr, t4ft '4,A'1 t,{ MR13ULtrr who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) 'glare subscribed to the within instrument and acknowledged to me that h./$he/they executed the same in hisifier/their authorized capacity(ies), and that by Fjis/Fyer/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. • "`7"' JAYDE N G`ABRIEL KLEIN WITNESS my hand and official seal. $ k .. Gommiseion f2i7115q9 wo 1 Notary public-Ca1iifomia o �My Comm.Expires J County-6 2028 dtrrt'• .,,. Signature (Seal) EXHIBIT 'A' LEGAL DESCRIPTION THAT CERTAIN STRIP OF LAND IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: THE SOUTHWESTERLY 10.00 FEET OF LOT 154, TRACT NO. 5481, AS PER MAP FILED IN BOOK 215, PAGES 11 TO 22, INCLUSIVE, OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. CONTAINING AN AREA OF 939 SQ. FT., MORE OR LESS. ASSESSOR'S PARCEL NUMBER: 178-053-16 IONALD v.ANDS4/4'F G.BAKER o PREPARED BY: -� EMERALD ENGINEERING '* L.S.4683 18600 MAIN STREET, SUITE 160 tJ ` HUNTINGTON BEACH, CA 92648 Z� 7 0 848-4551 pF CM-\FO� //74`ZoZ4-- DONALD G. BAKER DATE L.S. 4683 1 EXHIBIT 'IT PLAT MAP �qib �qF9 NT 1 't, \ W 30' i 'h6 rn CC QI N45 46'36"W 100.00' N In O o . L=6.77'R=40' cNi 1. co co LOT 154, TRACT NO. 5481 N tn w �' CO 2 M 71/ N45 46'36"W 93.05' 3 0# N P�O# W //� DENOTES EASEMENT Gi.G Z G PREPARED BY: EMERALD ENGINEERING -? DONALD G.BAKER O 18600 MAIN STREET, SUITE 160 ''170 HUNTINGTON BEACH, CA 92648 *L .4683(7 ) 848-4551CAS el. DONALD G. BAKER DATE L.S. 4683