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HomeMy WebLinkAbout2025-10-17 - Easement Ross D. Ricks Recorded in Official Records,Orange County Hugh Nguyen,Clerk-Recorder IIIIIIIIIIIIIIIIIIIIIiII NO FEE $ R 0 0 1 6 1 4 7 9 1 8 $ * 2026000096772 03:31 pm 04103/26 661 Ex10A 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 is sole for the official solely This document is exempt from business of the City of Huntington Beech, recording fees pursuant to as contemplated under Government Gods Government Code Section 6103. Sec.27383 and should-be recorded free 004 of charge. SPECIAL UTILITY EASEMENT AGREEMENT For valuable consideration,receipt of which is hereby acknowledged Ross D.Ricks, a single man as his sole and separate 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 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, es standp iP hydrants,h drants 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 APO 1 1-1 O -2O 1-22 1 of 3 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 lushness of tin City of Hung Beach, recording fees pursuant to ea contemplated under Government Code Government Code Section 6103. Soc.27383 and should recorded free of charge. SPECIAL UTILITY EASEMENT AGREEMENT For valuable consideration,receipt of which is hereby acknowledged Ross D.Ricks, a single man as his sole and separate 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 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 APO NO -2 1-2-2 lof3 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 QCrO e tt_ ` f r 200�✓ GRANTOR CITY OF HUNTINGTON BEACH, a municipal Ross P is s, : singl= an as his sole and corporation of the State of California -+-JiZ - sep. ate •rop=,i — P ` ' - By: cc, nU Director of Public Works avid vi4 � �Zd`S I ATTEST: Vr w prin • ITS: (Truste,, ole Own- ,Joint Tenants/Prope •wners) L76 City Clerk LA Sal,.Lane.e r (PURSUANT TO RESOLUTION NO.2003-29) By: REVIEWED AND APPROVED: print name City Man ger i rt,m's 1.41146 ITS: (Trustee, Sole Owner,Joint Tenants/Property Owners) By: APPROVED AS TO FORM: print name City Attorney ITS: (Trustee, Sole Owner,Joint Tenants/Property Owners) 3 of 3 CALIFORNIA 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 Californiarnn County of v�'`�j'Z / I On �/aT' f �'�— before me, R�u�gw.-1Y\ ,7b n . 0�o-}�r1 l'� l r` , Date Here Insert Name and Title of the Officer personally appeared le___ S S 0- (Zc./4S Name(sr5f Signers)- who proved to me on the basis of satisfactory evidence to be the personks)-whose names)ts'te subscribed to the within instrument and acknowledged to me that( /ehc/thcy-executed the same in i /bor/thcir authorized capacity(ies), and that byI/ho#Fieir signa�ure(s)-bn the instrument the persol )),--or the entity upon behalf of which the perspa(s)acted,executed the instrument. I certify under PENALTY OF PERJURY under the w * ^ —--k laws of the State of California that the foregoing �' `Z.,i,,f RYAN HARRINGTON 5 paragraph is true and correct. WP'. `v Notary Public-California 5 .,-. „. - orange county ::::: l . my hand and officia *iiii. ,° Commission M 2423459 'Lim% • My Comm.Expires Oct 25,2026 .(-) Place Notary Seal and/or Stamp Above 'gnature of Notary Public 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: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer—Title(s): 0 Corporate Officer—Title(s): ❑ Partner— 0 Limited 0 Gene - 0 Partner— 0 Limited ❑ General ❑ Individual 0 A rney in Fact 0 Individual 0 Attorney in Fact ❑ Trustee ❑ :uardian or Conservator 0 Trustee 0 Guardian or Conservator ❑ Other: 0 Other: Signer is Representing: Signer is Representing: ©2019 National Notary Association M1304-09(11/20) EXHIBIT"A" ASSESSOR'S PARCEL NO. 146-201-22 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 1 OF PARCEL MAPS RECORDED IN PARCEL MAP 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 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 %,,A ND SU,S co s. McG%L(r)_ 13 NO.6496 DEREK J. McGREGOR, PLS#6496 EXP 6/30/2027 / OF C A�CFO JAMBS\1446 Ardurra Old Pirate Drive Water(HB)\legal\WORKING\01 EKH A PARCEL 1(5362 Old Plrate).doo 0 I x Ln OD cii 7 I I I I I I I i 1co 2 I I I I I I c 0 I EASTERLY BOUNDARY a o I WESTERLY BOUNDARY I I I I OF�I O�K_l Ayp_______ �1 �OF BLOCK 41 I I I �t I WESTERLY RIGHT OF ~ WAY OF GRAHAM I I I I I STTREET N90'00'0p"E I° (J`� 648.16' Q� 3 I f� I L .8) TPOB J N I<<)\IPIRATE LANE I I 1 1 �o o d g � - _c z 0 4.84' o�i c cp Z t ; 1 N9C00'00"W i o o, «\f I oO I �o I to i to I M I 643.42'--g\TI w 3 N90'00'00"W 1.9 �t 1 1 I 1 1 I 648.26' I I CN rn M M : o st J� J� I MWo I �N N- I N� I �; �� I QUITCLAIM DEED o o(21' NON WCV am� �� min I -1� I -I�n I INSTRUMENT g i cvV U J=� W M w�T W(V W tV W CV i a , I I (N2) I g� cm �m I oc I 6m dm I `m I �m I �m I #93-0723120 x d' K21' y *It 5 cn c9 I a m I Q I a m I .am I a m I — --- -- --.T-- I I I - I --- .-.N 20 20 aoi) \_ ROSEC EST DR.-- v \, ,,�--�•, (�') L 1 ' o SOUTHWESTERLY II I Z I CORNER OF BLOCK 4 YIPOC -- \ i. -----n Ili i 0' < IIII I" I TRACT w I 1sela . II TRAC w� 1�04 }' 1vii\l) I W LLJ I 7D 1/3 ref 1 I MM Z u 443/2 5. 2E QJ I IZ I , I Occ U, Is C I .3 1 L 0 _ �"LAND S�� a, („,.c•Q�,s J. McG9eC b�� k, 09 0 ' J NO.6496 *I * a) •> N (� �� 0 `9T OPT' 4 1I 50 0 cA`L-/ 2 a SCALE IN FEET 1 inch = 100 ft. <---7._ O —� 2 L L 2 ABBREVIATIONS: LoI POC POINT OF COMMENCEMENT 09/04/2025 TPOB TRUE POINT OF BEGINNING 06/05/2025 �„ EXHIBIT B PLANS PREPARED BY: Sheet CO GMC ENGINEERING CO SKETCH TO ACCOMPANY LEGAL DESCRIPTION crv..s� ,�.R4nvna.cros a ,, PARCEL 1,PMB 21111 APN 146-201-22 eC(9191153A393 1 Of 1 Huntington Beach,California "'"m °""g°"• `""""erg`°"