HomeMy WebLinkAboutCarl Smith and Elizabeth Smith - 2025-11-18 Recorded in Official Records,Orange County
- Hugh Nguyen,Clerk-Recorder
IIIHIMI IIII 1I II III III NO FEE
* $ R 0 0 1 6 1 4 6 5 3 6 3 *
2026000096207 10:54 am 04103126
RECORDING REQUESTED BY ) 661 Ex10A E02 6
AND WHEN RECORDED RETURN TO: ) o.00 o.00 o.00 0.0015.00 0.00 0.00 0.00 0.00 0.00
)
• 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 City of Huntington leech, recording fees pursuant to
8e contemplated under Government Code • Government Code Section 6103. tb.�gZ
See.27383 end shoukt be recorded free
of charge.
SPECIAL UTILITY EASEMENT AGREEMENT
For valuable consideration,receipt of which is hereb acknowledged P Y• Carl Smith and
Elizabeth Smith, husband and wife as community prbperty, (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
o,µGrantor in order to obtain access to and along said strip of land and to deposit tools,
_.4.i.mplen ents 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
0 11--i.ip `201-,50i 1of3 •
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 the official This document is exempt from
huelness of the City of Huntirsxjton Bench, recording fees pursuant to
ea contempleted under GOVOmmorst Cod • Government Code Section 6103.
Sec.27383 end ehoutdhe recorded fare
of charge.
SPECIAL UTILITY EASEMENT AGREEMENT
For valuable consideration,receipt of which is hereby acknowledged Carl Smith and
Elizabeth Smith, husband and wife as community property, (hereinafter "GRANTOR")
hereby grants and conveys to the City of Huntington Beach, a municipal corporation of the
State of California, (hereinafter "CITY") a perpetual etual non-exclusive easement and right of
p g
way to install,maintain,repair, improve and relocate a pipeline or pipelines,with incidental
ordinary and necessary appurtenances and cormection(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
•
kp lv l 1--i to ` -01 I 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 arisingfrom such use to accrue against or attach to said
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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 �, 1(i& 20 2g 2_02_5
GRANTOR CITY OF HUNTINGTON BEACH, a municipal
Carl Smith and Elizabeth Smith, husband corporation of the State of California
and wife as c u it ro
By: IT(�
Director of Public Works
Z,t} t3 T H i I�TEST: Chi-' �rti
print name
ITS: (Trustee,, Sole Owner, Joint
Tenants/Property Owners) //i/i. c7L
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City Clerk U ek Ane &rng
(ruxxuANr rc)IN:XOI.(//iON NO.200)3-29)
By: REVIEWED AND APPROVED:
print name Mana er City
ITS: (Trustee, Sole Owner, Joint y g � NS 4,4 ns
Tenants/Property Owners)
By: APPROVED AS TO FORM:
print name
ITS: (Trustee, Sole Owner, Joint City Attorney
Tenants/Property Owners)
3 of 3
il
CALIFORNIA ALL PURPOSE i
rd
CERTIFICATE OF ACKNOWLEDGMENT
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A notary public or other officer completing this certificate verifies only the identity ii
of the individual who signed the document to which this certificate is attached, f
and not the truthfulness, accuracy, or validity of that document. I
State of tW V.r-rvt a"' }
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County of anal-titre—
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iOn ►t ¶ t "/ .z.�tir' before me, A/ . ,� 1'J ti'. li
(Here insert name and title of de officer) .
t' personally appeared clr-L! S M'n1 crb t, 2-r")'rc-Tv►
lwho proved to me on the basis of satisfactory evidence to be the person(s) whose
�j 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 ii
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. !'
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I I certify under PENALTY OF PERJURY under the laws of the State of California that II
the foregoing paragraph is true and correct. ii
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WITNESS my hand and official seal. , y,o+�: v.NGo
1 , . - COMM #2423866 g
28 y n�� NOTARY PUBLIC CALIFORNIA N i',
" 1 .'S�; ORANGE COUNTY
I. t " My comm.es sires NOV.21,2026 �� �
Notary Public Signatu)'e (Notary Public Seal) /�-. 'iv . . , r -,
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INSTRUCTIONS FOR COMPLETING THIS FORM 1,
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ADDITIONAL OPTIONAL INFORMATION
This form complies with current California statutes regarding notary wording and, i,
DESCRIPTION OF THE ATTACHED DOCUMENT if needed,should be completed and attached to the document.Acknowledgments ii
from other states may be completed for documents being sent to that state so long.
I{ S 1nr��lf t, V t: f`� j� { as the wording does not require the California notar')'to violate California notary I
I law.
(Title or description of attached document) N State and County information must be the State and County where the document i
I 4-"` rw-e signer(s)personally appeared before the notary public for acknowledgment.
N Date of notarization must be the date that the signer(s)personally appeared which
(Title or description of attached document continued) must also be the same date the acknowledgment is completed.
' N The notary public must print his or her name as it appears within his or her I��
Number of Pages 1 Document Date i1 -- commission followed by a comma and then your title(notary public). ii
N Print the name(s) of document signer(s) who personally appear at the time of li
notarization. '
CAPACITY CLAIMED BY THE SIGNER N Indicate the correct singular or plural forms by crossing off incorrect forms(i.e.
he/she/they, is/fife)or circling the correct forms.Failure to correctly indicate this li
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Impression must not cover text or lines. If seal impression smudges,re-seal if a
(Title) sufficient area permits,otherwise complete a different acknowledgment form. li
❑ Partner(s) N the county clerk.Signature of the notary public must match the signature on file with the office of 1,
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}t ❑ Attorney-in-Fact N Additional information is not required but could help to ensure this 11
1 ❑ Trustee(s) acknowledgment is not misused or attached to a different document. li
4 Other N Indicate title or type of attached document,number of pages and date. �I
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i corporate officer,indicate the title(i.e.CEO,CFO,Secretary). iI
i 2015 Version www.NotaryClasses.com 800-873-9865 N Securely attach this document to the signed document with a staple.
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EXHIBIT"A"
ASSESSOR'S PARCEL NO. 146-201-59
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 4 OF PARCEL
MAPS RECORDED IN PARCEL MAP BOOI<254,PAGES 32-33,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
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koI POC POINT OF COMMENCEMENT 09/04/2025
4 TPOB TRUE POINT OF BEGINNING 06/05/2025
N EXHIBIT B PLANS PREPARED BY: Sheet
co SKETCH TO ACCOMPANY LEGAL DESCRIPTION Y DMC ENGINEERING
PARCEL 4 PMB 254132-33 APN 146-201-59 Tel IIN•I1rifA1 1 Of 1
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Huntington Beach,California °�<^d°.•••••• ^^