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HomeMy WebLinkAbout2025-10-01 - Easement Summerlane Maintenance Association Recorded in Official Records,Orange County Hugh Nguyen,Clerk-Recorder IIHIIIIIIIIIIIIIIIUhII II NO FEE * $ R 0 0 1 6 1 4 8 0 0 4 $ * 2026000096815 03:42 pm 04/03/26 661 Ex10A E02 7 RECORDING REQUESTED BY ) 0.00 0.00 0.00 0.00 1 8.00 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 ls solely for the official �I business of the of HuM Beech, recording document isu exemptunt from �J I� � �� fees pursuant to es contemplated under Government Code Government Code Section 6103. Sec.27383 end should-be recorded free of charge. — - - . _ - - - SPECIAL UTILITY EASEMENT AGREEMENT For valuable consideration, receipt of which is hereby acknowledged Summerlane Maintenance Association,(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 fraverse upon other land off'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 I 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 business of the City of Huntington Beech, recording fees pursuant to as 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 Summerlane Maintenance Association,(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 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 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. 2of3 IN WITNESS WHEREOF, this Special Utility Easement has been executed by the Grantor herein on C-T / 20 ZS. GRANTOR CITY OF HUNTINGTON BEACH, a municipal Summerlane Maintenance corporation of the State of California B : Director of Public Works ovvi Anthony Piazza ATTEST: print name ITS: President VZ/ City Clerk US,p�,�y}e me(PURSUANTTORESOLUT/ON NO.2003-29) By:/ � REVIEWED AND APPROVED: Bryan Reed print name City M ager TrAvic tiopki ITS: Secretary APPROVED AS TO FORM: 6^ City Attorney 3 of 3 CALIFORNIA ALL-PURPOSE 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 California County of okkv6+e ,/ On /0/06/S 0 Z�' before me, T�•FF ScgietM TZ - it/0 Ti, ' retg(off, , Date Here Insert Name and Title of the Officer personally appeared 'ee yit i✓ gtclp Name(s) of Signer(s) 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. cr r JEFF SCHWARTZ WITNESS my hand and official seal. Notary Public•California LL Orange County • Commission#2409692 My Comm.Expires fu124,2026 Signature _ _ _ -— — — — Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is 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 S�Document: S ,�Gi/ri/ Lt r/L/7y r^/>< "4i✓t/y/�G,Q.cr_<M i A/l— Document Date: /o1O/(20 2.S Number of Pages: 3 Signer(s) Other Than Named Above: 41/4 Capacity(ies) Cla,m�ned by Si ner(s) N// Signer's Name: R y4N / sp Signer's Name: ❑Corporate Officer — Title(s): ❑Corporate Officer — Title(s): El Partner — El Limited El General El Partner — ❑ Limited ❑General XI Individual ❑Attorney in Fact El Individual El Attorney in Fact El Trustee ❑Guardian or Conservator ❑Trustee El Guardian or Conservator ❑Other: El Other: Signer Is Representing: Signer Is Representing: ©2016 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 CALIFORNIA ALL-PURPOSE 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 California County of OR4//t.: On /0/0/A•D7-3 before me, �r G/r s'apt/% 7 t - N0771/2 V Phdtfr Date Here Insert Name and Title of the Officer personally appeared 4,✓f//DNY Pm'zZ49 Name(s)of Signer(s) 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. ,„ JEFF SCHWARTZ WITNESS myhand and official seal. Notary Public-California = ? Orange County Commission#2409692 RV'�My Comm.Expires Jul 24,2026 Signature ignature of Notary Public Place Notary Seal Above OPTIONAL Though this section is 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: SIX riAt I 1A r,t' if Ato/4.‘ 4 A/T Document Date: /O/O/l Za zcr Number of Pages: 3 Signer(s) Other Than Named Above: 41/4 Capacity(ies) Claimed by Si ner(s it/7 Signer's Name: /•� 7PPir %/�Z 2 /9 Signer's Name: /1/At ❑Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑Partner — ❑ Limited ❑General ❑ Partner — ❑Limited ❑General l Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: _ ©2016 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 f EXHIBIT"A" THAT PARCEL OF LAND IN THE CITY OF HUNTINGTON BEACH,COUNTY OF ORANGE,STATE OF CALIFORNIA LYING WITHIN LOT A OF TRACT 15838, RECORDED MAY 11, 2000 IN BOOK 800, PAGES 5 — 10 OF MISCELLANEOUS MAPS AS INSTRUMENT# 20000249918 RECORDS OF SAID COUNTY, BEING A STRIP OF LAND 40'WIDE THE SOUTHERNLY 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 4.84'TO THE WESTERLY BOUNDARY OF SAID LOT A,ALSO BEING THE EASTERLY RIGHT-OF- WAY OF DOVERTON DRIVE(42'WIDE) THE SIDELINES OF SAID 40'WIDE STRIP OF LAND TO BE LENGTHENED OR SHORTENED AS TO TERMINATE AT THE WESTERLY BOUNDARY OF SAID LOT A AND AT THE WESTERLY 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 DEREK J. McGREGOR, PL 6496 EXPIRES 6/30/2027 4NDS�R O okQ 09 .13 NO.6496 l:\IOBS\1446 P durra Old Plrate Drlre Water(HB(\Legal\WORKING\1D_EKH A 1 LS STRIP.docx f 1 x I11 co a 0 J aJ I I I I I a -7 I I I I I -0 < I I I I s c.. EASTERLY BOUNDARY co O WESTERLY BOUNDARY I I _____ OF BLOCK_4 AND______ OF BLOCK 4: '; WESTERLY RIGHT OF —' Q I I I I I WAY OF GRAHAM I I I I I STTREET ' , Q N90'00'05"E ' 0 . 648.16' 3 1 o . o T OB _ o N ,<<')/PIRATE,LANE _ I_ "�o I . D o 4.84' I o t 1 _C N l 1 z 11 O' i\ N90�00'00"W o o lt�r 1 0�. I u I I'i I I') I r I 643.42' 1 - N90'0 00"W w CIO I I I I I I 648.26' ' ' N CV CV 1 N 3 -1 N- mZo I I I I I 0 �� , mWo r-� N� cv d '� QUITCLAIM DEED 0(21' Nc jW CV I W CV QMC) I �. _1 s _I In H, �1n INSTRUMENT z 1 �i I (42') o��m 1 m I i;CKN I L 1') I I �`� I C N I `N #93-0723120 I = I d I(21' Z 0_a1 0_0 -c~nc) I ¢m 1 Qm Qm ¢� Qm I �z I as as as 1 as as 1 COI ---J-------L--- I I _�_ I ------ ---------- ---- I __ I120'; 1 73 N aai \__ ROSECkEST DR.N=v `�` , ,/ �,\ (4a') ' P -- 1 20'1 O SOUTHWESTERLY 1 I I) I z , ' N CORNER OF BLOCK 4 Y 1 > 1 a) TRACT \ r O i 1I r \ Q 1 U 1 T�r1r J I r r� 16 I 1 r�r-1r zIJ r r�J���I I 1 1-1 N Iwigl I 1 II ' cn,U I vi ID C E Q LAND so U 1o4��S.Mc09Fc�L0i_ CO IJ 1\ NO.6496 co a-, zt If/ N OF CAL� CP a) 'L 0 a) 100 50 0 co L_ iNdl <: Ire=-. ,-..\...e^,,A,... �- SCALE IN FEET -a 1 inch = 100 ft. O as L . n , ABBREVIATIONS: kol POC POINT OF COMMENCEMENT 09/04/2025 d� TPOB TRUE POINT OF BEGINNING 06/05/2025 • EXHIBIT B - PLANS PREPARED BY: m DMc ENGINEERING Sheet SKETCH TO ACCOMPANY LEGAL DESCRIPTION V CIVIL•SciTVEVING•PLANNING•CCNSTRCTION 0 LOT"A"(Landscape Lot) Tel:(9i9)757-9d9] 1 Of 1 / Ig Tedmabgy Drn,SII¢Ifq,I vme,Califomia9Mlg Huntington Beach,California - E-Nail:d4dm eng am�www.dm mgcom