Loading...
HomeMy WebLinkAboutSummerlane Maintenance Association - 2025-10-01 Recorded in Official Records, Orange County • Hugh Nguyen, Clerk-Recorder I I II III liii IIIIIIIII liii NO FEE * $ R 0 0 1 6 1 4 8 0 0 4 $ * 2026000096815 03:42 pm 04/03/26 661 Ex10A E02 7 RECORDING REQUESTED BY ) o.o0 0.00 0.00 0.00 18.00 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 solely for the official This document is exempt from business of the Ctty of Huntington Beech, recording fees pursuant to re contemplated Under Government Code Government Code Section 6103. Sec.27383 and shoukThs reccrdsd fres afcharge. . _ — — - -- - - - SPECIAL UTILITY EASEMENT AGREEMENT For valuable consideration, receipt of which is hereby acknowledged Summerlane Maintenance Association,(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 (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 upo(other land of older 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 deem • I of 3 • • / \ " W t APKI II-10- (0I • 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 solely for tha official btsainess'of the City of Huntington arch, Thirecordings document isu exempt from fees pursuant to oa contemplated under Government Coda Government Code Section 6103. Sec.27363 and should-be recorded tree of charge. SPECIAL UTILITY EASEMENT AGREEMENT For valuable consideration, receipt of which is hereby acknowledged Summerlane Maintenance Association,(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 (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 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 1 of 3 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 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 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 said easement and right of way or the interest of Grantor in the land in, on and under which said easement is granted. 2 of 3 IN WITNESS WHEREOF, this Special Utility Easement has been executed by the Grantor herein on C cr / 20 2,57 GRANTOR CITY OF HUNTINGTON BEACH, a municipal Summerlane Maintenance corporation of the State of California B ' 41110 ii�% •�� Director of Public Works C \I U. i Anthony Piazza ATTEST: print name WP,1" ITS: President City Clerk Li sot.Wine. MIS (PURSUANT TO RESOLUTION NO.1003-29) By: REVIEWED AND APPROVED: Bryan Reed 111 print name City M ager'`IANc tij ITS: Secretary APPROVED AS TO FORM: City Attorney 3 of 3 CALIFORNIA ALL-PURPOSE 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 Ok,4N6e On /0/0671.0 �� before me, T�FF Sc/VIVAI ?T Z - Ne 71 f P1140a , Date Here Insert Name and Title of the Officer personally appeared 6R y4A✓ ga-1i0 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. •-a•. JEFF SCHWARTZ WITNESS my hand and official seal. �� Notary Public-California ` Orange County Commission#2409692 `�L.•04� My Comm.Expires Jul 24,2026 Signature —. — Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is 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 Documen : S •CI •L% C^As���.4/T 4G�F.�r##./t4 Document Date: 1000/ 2023� A Number of Pages: 3 Signer(s) Other Than Named Above: �/ Capacity(ies) Clai ed by Si ner(s) �/� Signer's Name: yAN tc p Signer's Name: ❑Corporate Officer— Title(s): 0 Corporate Officer — Title(s): ❑Partner — 0 Limited ❑General 0 Partner— 0 Limited 0 General Kr Individual ❑Attorney in Fact ❑Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other: 0 Other: Signer Is Representing: Signer Is Representing: ` ©2016 National Notary Association •www.NationalNotary.org• 1-800-US NOTARY(1-800-876-6827) Item#5907 • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§1189 k-vmo siorrarr cc e crv-crrea r:e c c irarcx�rrr�c nc c cu�caai es rcec-:ec e�rceucs e�rr. r�raircc c.c c c�e� 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 OMAge- On /0/0/OZ 07- before me, .Tr/ I s'elp grt - it/or` /2 fe Date Here Insert Name and Title of the Officer personally appeared /�/✓r/y0/vY P/,yzz A 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. r#1644.1411.AlbliabAlgahmanahlahlL:,. JEFFSCHWARTZ WITNESShand and official seal. "NfTNot ,Putic.Callfornla my Orange County Commission#2409692 - My Comm.Expires.fut 24,2026 Signature ignature of Notary Public Place Notary Seal Above OPTIONAL Though this section is 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: ; G is ',EM' ,4/7' Document Date: /O 0/ -to'E5 Number of Pages: 3 Signer(s) Other Than Named Above: 4l/4 Capacity(ies)Claimed bySi ner(s Signer's Name: ,1NT7O,�y /A` -`2 Signer's Name: /V�/� Li Corporate Officer - Title(s): U Corporate Officer - Title(s): Partner - -1 Limited ❑General 0 Partner- ❑Limited ❑General l Individual 0 Attorney in Fact ❑Individual ❑Attorney in Fact LI Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator 0 Other: ❑ Other: Signer Is Representing: Signer Is Representing: ©2016 National Notary Association www.NationalNotary.org• 1-800-US NOTARY(1-800-876-6827) Item#5907 EXHIBIT"A" THAT PARCEL OF LAND IN THE CITY OF HUNTINGTON BEACH,COUNTY OF ORANGE,STATE OF CALIFORNIA LYING WITHIN LOT A OF TRACT 15838, RECORDED MAY 11, 2000 IN BOOK 800, PAGES 5 — 10 OF MISCELLANEOUS MAPS AS INSTRUMENT#20000249918 RECORDS OF SAID-COUNTY, BEING A STRIP OF LAND 40'WIDE THE SOUTHERNLY LINE OF WHICH IS DESCRIBED AS FOLLOWS: BEGINNING (POC) AT THE SOUTHWEST CORNER OF SAID BLOCK 4; THENCE ALONG THE WESTERLY BOUNDARY LINE OF SAID BLOCK 4 N 00°20'47" W A DISTANCE OF 122.45' TO THE TRUE POINT OF BEGINNING (TPOB);THENCE PARALLEL TO THE SOUTHERLY BOUNDARY OF SAID BLOCK 4 N 90°00'00"W A DISTANCE OF 4.84'TO THE WESTERLY BOUNDARY OF SAID LOT A,ALSO BEING THE EASTERLY RIGHT-OF- WAY OF DOVERTON DRIVE(42'WIDE) THE SIDELINES OF SAID 40'WIDE STRIP OF LAND TO BE LENGTHENED OR SHORTENED AS TO TERMINATE AT THE WESTERLY BOUNDARY OF SAID LOT A AND AT THE WESTERLY BOUNDARY OF SAID BLOCK 4 MORE PARTICULARLY SHOWN ON EXHIBIT"B"ATTACHED HERETO AND BY THIS REFERENCE MADE APART HEREOF; SUBJECT TO COVENANTS,CONDITIONS AND RESTRICTIONS OF RECORD,IF ANY DEREKJ.McGREGOR,PL 6496 EXPIRES6/30/2027 v.AND U�, q.(0 , c MGRfro�o NO.6496 tP�9r�OF CA``FO13 1:\IOBS\1446}Ydurra Old Pilate Drive Watu(1113l\Le(al\WORKING\1O E)0M 0.1 LSSrRIP.dea r- x Ln Co ai. 1--3 a ____ I I I I I 1 I I ' ' j I I I I v, ¢ I WESTERLY BOUNDARY I I I s � EASTERLY BOUNDARY co --i j 4 I I I N • I ______OE3LOB_4 AND__________: j�OF BLOCK 41 I I I �; j WESTERLY RIGHT OF Q I j WAY OF GRAHAM I— I I I I I STTREET ' ' O0 --. . �— N90'00'0rE I keJ� I i 648.16' -A L �-�rro TPOB _ N_ !�>\/PIRATE;LANE _ I I I I /„98 I 4- a-6 4.84' ' o , , I - I , I a i I- i N9000'00"W O pp r ,�I in i , r•-) , rr) i rNi I 643.42'�4 oC N90'0hr'00"W ' w, coo \ ' I ' I ' I ••' I I I 648:26' ' N I > 3�—�I N\ I �ZO� I I M I i O a vw w MwCD , r N , N N , N , r. .d , a. , QUITCLAIM DEED , , ` 21' Nc;wNI wc.1 QMo I _I.-- .�.- i -1n i .11n —I In ' INSTRUMENT 1 i wU U �� wrn wN) wN wN wcv ¢ �I ' 2') o--�m I m I ��N I c� I C-) I C. I C. I c� I #93-0723120 xx I �(yi� z a� ¢� ��o om txm cem om �m CL CLI Q.CL CNN ¢� ¢m I Qm 1 ¢m 1 Qm I 1 1 prZ I 0_CL 1 CL CL I C1 CL 1 CL CL I CL CL I C9 1 - I ------I--i I r V▪1 --—-----------�--- __ 20', ROSEC EST DR. v -�`\� ' (40') a \__ ___ POC -- / c0 SOUTHWESTERLY I N 1 I Z `l 20 0 CORNER OF BLOCK 4 YI I/ ! I w ' a) : ' I 'I Q i TRACT o I 15Elia il I i TF AC- W w 1J�f/�1 I ' �� iM ; zez : 701/3—41 I. 1 II I j\h'vl 0 u 44312 2F v) C (1:1\...AND— Q SUR 9 . U) �r NO.6496 Co tii?9T �F CAti�FOe? 'L 0 CD 100, 50 0 a▪s '- iiimil .._. _.._____ _ ,z,N SCALE IN FEET • , 1 inch = 100 ft. O ea L f Q ABBREVIATIONS: kpl POC POINT OF COMMENCEMENT 09/04/2025 4 TPOB TRUE POINT OF BEGINNING 06/05/2025 in EXHIBIT B PLANS PREPARED BY: Sheet 0° SKETCH TO ACCOMPANY LEGAL DESCRIPTION Y DMC ENGINEERING 0 ar..A:,r,r.S.fl::,n:.caS2•ri: i LOT"A"(Landscape Lot) & it)949p3}9393 1 Of 1 Huntington Beach,California F.\Lil•d.n•edaen;n"...v dr m;nm