HomeMy WebLinkAbout2025-10-22 - Easement Chi Phung Luu To and Khanh Nhu Le Recorded in Official Records,Orange County
• Hugh Nguyen,Clerk-Recorder
IIIIIIIIIIIIIIIIiIIIIIII II NO FEE
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2026000096448 12:32 pm 04103/26
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 L1er1t )'
City of Huntington Beach )
2000 Main Street )
Huntington Beach,CA 92648 )
ppace-anovelhis iirre-1orKecoraers•use:1
This document is solely for the official This document is exempt from
business of the City of Huntington Beach, 103611 recording fees pursuant to
sa contemplated under Government Code Government Code Section 6103.
Sec.27383 and should-be 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 offruntington tseadit,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,i5iow-orr's, 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 saidwater transmission and clbllveiy 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
LPN " IA to.w top l of 3
RECORDING REQUESTED BY )
AND WHEN RECORDED RETURN TO: )
)
City Cterlt )
City of Huntington Beach )
2000 Main Street )
Huntington Beach, CA 92648 )
opicc-arovelms`iine-iormecomers.use:r
I his document is solely for the official This document is exempt from
business of the City of Huntington Beech, recording fees pursuant to
as contemplated under Government Code Government Code Section 6103.
Sec.27383 and should-De 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 of fluntingtOn 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, btow-oats, 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'deliiveryline orlines.
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
P 1v 'I' '2,0 LOD 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
w`hieh laT:f is aut."oiized'to perform in the area of such easement'and`right'of way, Orr
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 Wilt result'in a minimum of inconvenience or itardSthip.
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'Granter 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 hereingranted,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 O e#r h.e v 2 Z 20 257
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
erect o ublic Works
CN,c I� x� J.uw %p ATTEST:
print name
ITS: Trustee, Sole Owner,Joint
,e is l ems,•
City Clerk
(PURSUANT 71:1 RESOLUTION NO.2003-29)
By: REVIEWED AND APPROVED:
k,;\
print name C Ma er
ITS: Trustee, Sole Owner,Joint Ty
enants/Property Uwne
By: APPROVED AS TO FORM:
lk
print name of— 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 (}rate ) ,(�
On to) 2Nl2.S' before me, � .toNotary Public, personally appeared
1
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
ignature (�
[NOTARIAL SEAL] n� eo Y
Print Nam
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KENNY DEO
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NOTARY PUBLIC-flu IFORNIA
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My Commission Expires 03/02/2029
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My commission expires: (!;/. /
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
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NO.6496
DEREK J. McGREGOR, PLS#6496
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EXP 6/30/2027
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