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HomeMy WebLinkAboutChi Phung Luu To and Khanh Nhu Le - 2025-10-22 Recorded in Official Records,Orange County • Hugh Nguyen,Clerk-Recorder I I I� III liii 11111111111 II NO FEE • * $ R 0 0 1 6 1 4 7 1 0 7 $ * 2026000096448 12:32 pm 04/03/26 RECORDING REQUESTED BY ) 661 Ex10A E02 6 AND WHEN RECORDED RETURN TO: ) o.00 o.00 0.00 0.00 15.00 0.00 0.00 0.00 0.00 0.00 ) City Lied; ) City of Huntington Beach ) 2000 Main Street ) Huntington Beach,CA 92648 ) Itpaee•aoove`iiii iine rorRecoriiers•usci• 1'his document is solely for the official This document is exempt from business of the City of Huntington Beach, recording fees pursuant to contemplated sender Government Coda Government Code Section 6103. Sec.27383 and shcuktbo recorded free of charge. SPECIAL UTILITY EASEMENT AGREEMENT For valuable consideration,receipt of which is hereby acknowledged Chi Phung Luu To and Khanh Nhu Le, Wife and Husband,As Joint Tenants, (hereinafter "GRANTOR") -hereby grants and'conveys to the City ofHhmtington iieadh,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 anti deliveryline 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 AP'" PL4to•2x)I_ LaD 1 of .si RECORDING REQUESTED BY ) .AND WHEN RECORDED RETURN TO: ) ) City C lent )' City of Huntington Beach ) 2000 Main Street ) Huntington Beach,CA 92648 ) `Space.a0ove•tins.iine`Tor=llecor0er's'use:j' this document is solely for the official This document is exempt from Imams of the City of Huntington Bch, recording fees pursuant to es contemplated under Government Code Government Code Section 6103. See.27303 and should-be recordul free of Ghent. SPECIAL UTILITY EASEMENT AGREEMENT For valuable consideration,receipt of which is hereby acknowledged Chi Phung Luu To and Khanh Nhu Le, Wife and Husband, 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 (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-outs, 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 n , I Jrl�{1V q 0.2,0 I- [nD 1 of 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 Y` 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 CI.Y activity Will`result'in a minimum or 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) fiold'Grantor and other users of the easements harmless against ail'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 IN WITNESS WHEREOF,this Special Utility Easement has been executed by the Grantor herein on c.ic tz n, v 2 Z. 20 2 GRANTOR CITY OF HUNTINGTON BEACH, a municipal Chi Phung Luu To and Khanh Nhu Le, corporation of the State of California Wife and Husband,As Joint Tenants By: erect o ublic Works t at-, ,-uw 10 A 1"1'bST: print name ITS: (Trustee, Sole Owner,Joint {� �A rya. r/f�/ ( i'V ial.�7/ 1VpV1'�7' V�1 L'J 1' �a 1` City Clerk (PURSUANT TO RESOL G770N AV.2003-29) By: REVIEWED AND APPROVED: kitib print name City anager ITS: (Trustee, Sole Owner,Joint —Tenants/Property Owners)' L_ By: APPROVED AS TO FORM: 1 u print name 4(+- City Attorney ITS: (Trustee, Sole Owner,Joint Tenants/Property Owners) 3 of 3 CALIFORNIA NOTARY ACKNOWLEDGMENT For An Individual Acting In His/Her Own Right: 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 ) )ss. County of ° arule ) On o L. before me, Ott, Public,personally appeared 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 ignna_ture [NOTARIAL SEAL) Ke....t Deb Print Nam 11111111/111111111/11/11111/11111111 KE COMM.NNY M2513DEO478 9f J NOTARY PUBLIC.CALIFORNIA N r �,. ORANGE COUNTY 1iri10 1WE3s0/02)202:1/1111 1 ma My commission expires:_c_r_ik,4_24__LWI HEL6850CA(1/15) EXHIBIT"A" ASSESSOR'S PARCEL NO. 146-201-60 THAT PARCEL OF LAND IN THE CITY OF HUNTINGTON BEACH,COUNTY OF ORANGE,STATE OF CALIFORNIA LYING IN A PORTION OF BLOCK 4 OF TRACT NO. 86 RECORDED IN BOOK 10 PAGES 35 AND 36 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY;ALSO LYING WITHIN PARCEL 2 OF PARCEL MAPS RECORDED IN PARCEL MAP BOOK 312,PAGES 49 AND 50,RECORDS OF SAID COUNTY BEING A STRIP OF LAND 40'WIDE,THE SOUTHERLY 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 643.42 TO THE EASTERLY BOUNDARY LINE OF SAID BLOCK 4 ALSO BEING THE WESTERLY RIGHT OF WAY OF GRAHAM AVENUE(40'WIDE). EXCEPT THAT PORTION LYING OUTSIDE THE BOUNDARIES OF SAID PARCEL MAP; THE SIDELINES OF SAID 40'STRIP OF LAND SHALL BE LENGTHENED OR SHORTENED TO TERMINATE AT THE WESTERLY AND EASTERLY 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 a5 �.Meg,: zz.c„ 0 la NO.6496 DEREK J. McGREGOR, PLS#6496 EXP 6/30/2027 FOP DA}\F?Q 1:\JOBS\1446 Ardulra Old Pkale Wive Water(NB(\lepl\WORKING\05EIul A_PARRl 7(5417 Old Pitale(.docu v X LIl op 6 Lri lD ok __ I I I I I I I I ' ; p) I j I I I I m a I I I I c �� I EASTERLY BOUNDARY I ' - o WESTERLY B UNDARY I I Q ( I I �, I QF3IQCtS-�p�------ fOF BLOCK 41 I ( � j WESTERLY RIGHT OF I WAY OF GRAHAM ^ � v I ( I I I STTREET ' N90'00'01)1 I b(J�� I I i 648.16' /] o TP�OB I o f1�UPIRATE LANE I I I ,V` „o°-oo O ��o o_ ". _ __— I_ Cp L I v ; 0 N9Q100'00"W i o o,� �-11 o 1 M I M I 643.42' 1 w 3 N90'0 '00"W w Co I LA N I I 648.26' ; �^ —p NT �zo I ' � M I "' I in" I , Ln Q v�J�, J� mWO _� Nam.., N- M� V� I O 0(21' fsi Ni WN i aMCD i J� -.J .i -1� I _lam I _J� INSTRUMENDEED g i NL-) U JD W� WN WN WN ,a (42') a�CC m I CC m I c.)x- I c� `�'"' c� I c.) c.) ( #93-0723120 I = K21' z a� am I-F--o am rem cc co cem rem CI_CL1 as I 5ZN 42=I am am I am am c7_ a.a_ ma a.D- t a.a_ i a s (7 1 N —_�-- -------1—_-- I - I --—-- __ 20'; CI\_ ROSEC)2EST DR.N v `�` I / �, (�') POC ---- 1 ( 1 I I 120'� O SOUTHWESTERLY I Ii i z , ; IACORNER OF BLOCK 4 YI I LL I TRACT r I i� rr AC !\i ='W 04LK a) MIM I Zjz , 7�1/35-•.1 I 1\iliM o0 ( L3J25i2r� i IaigI I II , �n,U ; ; , Ui c _ co O LAND so o e. V4��Q�s.Mcgge�G�O m .-, O 9 9 I NO.6496 ), }‘- U) CF CAL\ � N 0 100 50 0 c--; SCALE IN FEET -a 1 inch = 100 ft. O ns Q ABBREVIATIONS: 09/04/2025 LoI POC POINT OF COMMENCEMENT 08/26/2025 TPOB TRUE POINT OF BEGINNING 06/05/2025 EXHIBIT B PLANS PREPARED BY: if)/ DMC ENGINEERING Sheet co SKETCH TO ACCOMPANY LEGAL DESCRIPTION0 NEE PARCEL 2 PMB 312/49.507 APN 146-201.60 Huntington Beach,California l;"„l dos.da,.ngwrn•..A kiTtett t°^