HomeMy WebLinkAbout2025-10-01 - Easement Peter John Dacquisto, III and Kendra Lee Dacquisto Recorded in Official Records,Orange County
Hugh Nguyen,Clerk-Recorder
II I I II III III I I II II 111111 I II NO FEE
* $ R 0 0 1 6 1 4 7 7 4 1 $ *
2026000096706 02:41 pm 04103126
90 CR-SCO6 E02 6
RECORDING REQUESTED BY ) 0.00 0.00 0.00 0.0015.00 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<s solely for the official This document is exempt from
buelnass of the City of Huntington Beech, recording fees pursuant to as 300
contemplated under Government Code Government Code Section 6103.
Sec.27353 and recorded free
of charge.
SPECIAL UTILITY EASEMENT AGREEMENT
For valuable consideration, receipt of which is hereby acknowledged Peter John
Dacquisto,III and Kendra Lee Dacquisto,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
(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 Iand 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
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APM IL l0--2oI-ZI
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 ks mealy for the official This document is exempt from
business of the Cty of Huntington Beach, recording fees pursuant to
as contemplated under Government Cade Government Code Section 6103.
Sec.27383 andshould-be recorded free
of charge.
SPECIAL UTILITY EASEMENT AGREEMENT
For valuable consideration, receipt of which is hereby acknowledged Peter John
Dacquisto, III and Kendra Lee Dacquisto, 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
(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
AI 1 of
lv 2� '24
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.
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,R
IN WITNESS WHEREOF, this Special Utility Easement has been executed
by the Grantor herein on Co-obey 2Q
GRANTOR CITY OF HUNTINGTON BEACH, a municipal
Peter John Dacquisto, III and Kendra Lee corporation of the State of California
Dacquisto,Husband and Wife As Joint
Tenants
By; r'i irector of Public Works Chad VU-
pJ --C41//3 ATTEST:
print name
ITS: (Trustee, Sole Owner,Joint 6/Mir-
nants e ) City Clerk Li eit..(„And Bnf e
(PURSUANT TO RESOLUTION NO.2003-29)
REVIEWED AND APPROVED:
By:
LeTthu +DCity Manager I r7 A5 iiwKi V�5
print name J
ITS: (Trustee, Se1 ner, Joint
cer� /Property Owners
APPROVED AS TO FORM:
By:
%. City Attorney
print name
ITS: (Trustee, Sole Owner,Joint
Tenants/Property Owners)
3 of 3
California Acknowledgment
State of Calif is
County of Ura.472.-
On ®Id', I , Z0 2j before me, 04-5e9N, ///� A' ersonaiiy
sert name and title of fficer
appeared 1d?41j4Ii /kg, \ •l $ & Lee ` za ,who proved to me on the
basis of satisfactory evidence /. be the . - son(s)whose name(')s are�b '-ed to the within instrument
AP-acknowled o me that he/sh -xecuted the same in his/her,( uthorized capacity(ies), and
that by his/he thei gnature(s) on the ins rument the person(s), or the entity upon behalf of which the
person(s) acte , 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.
4f`- z r
� , �"' NotaryPublic-California
WITNESS my hand an official seal. i W;'-- -- range County— ='
I " Commission 2448646
` "_My Comm.Expires May 30,2027 i
Signature (Seal)
This certificate is attached to a 0 page documen dealing with/entitled
SP Q4OL al 141 Fries & And dated O t ,10 .
EXHIBIT"A"
ASSESSOR'S PARCEL NO. 146-201-21
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 APRIL 8,1969 IN BOOK 21,PAGE 11,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 MAPS;
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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Q ABBREVIATIONS:
kJ POC POINT OF COMMENCEMENT 09/04/2025
TPOB TRUE POINT OF BEGINNING 06/05/2025
EXHIBIT B PLANS PREPARED BY: Sheet
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ENGINEERING
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PARCEL 2,PMB 21/11 APN 146-201.21 Tel.049)753-9393 1 Of 1
Huntington Beach,California E.°'dad�mg ' "`°^°�`^^