HomeMy WebLinkAbout2026-01-31 - Easement Brian G. Wilson and Patsy J. Wilson, Husband and Wife, and Michele L. Hess, a Married Woman as Her S Recorded in Official Records,Orange County
Hugh Nguyen,Clerk-Recorder
II I I I II III III IHI III III III I II NO FEE
* $ R 0 0 1 6 1 7 1 6 4 5 $ *
2026000110422 11:23 am 04/17/26
RECORDING REQUESTED BY ) 513 Ex12A E02 6
AND WHEN RECORDED RETURN TO: ) 0.00 Imo 0.00 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
lousiness of the City of Huntington Beach, recording fees pursuant to
as contemplated under Government Code Government Code Section 6103. 490
Sec.27383 and shoutd-be recorded
of charge.
SPECIAL UTILITY EASEMENT AGREEMENT
For valuable consideration, receipt of which is hereby acknowledged Brian G.
Wilson and Patsy J. Wilson,Husband and Wife,and Michele L.Hess, a Married Woman as
Her Sole and Separate Property, All 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 and depicted on Exhibit B
(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.
�1�Iv: 114-2.b t- 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 i solely for the official This document is exempt from
business of the City of Huntington Bch, recording fees pursuant to
as contemplated under Government Code Government Code Section 6103.
Sec.27383 and shosuki recorded free
of charge.
SPECIAL UTILITY EASEMENT AGREEMENT
For valuable consideration, receipt of which is hereby acknowledged Brian G.
Wilson and Patsy J. Wilson, Husband and Wife, and Michele L. Hess, a Married Woman as
Her Sole and Separate Property, All 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 and depicted on Exhibit B
(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.
�1�1v: ��ll�'?�}1-S� 1 of
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
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
2 of 3
easement and right of way or the interest of Grantor in the land in,on and under which said
easement is granted.
IN WITNESS WHEREOF,this Special Utility Easement has been executed
by the Grantor herein on L,9
3/ 20,=.2‘
GRANTOR CITY OF HUNTINGTON BEACH, a municipal
Brian George Wilson and Patsy Jo Wilson, corporation of the State of California
Husband and Wife,and Michele Lee Hess,
a Married Woman as Her Sole and
Separate Property,All As Joint Tenants
Director of Public Works,C hAv dit.
By: 7'a • GJt 600.-✓ Al 1 EST:
•
%1?xi . Lc.)//Sam se,e4'vP,'
1 print name City Clerk Lisa„LOtnfieil(1ves
ITS: (Trustee, Sole.Dwner,Joint (PURSUANT TO RESOLUTION NO.2003-29)
Tenants.Property Own )
REVIEWED AND APPROVED:
City Manager
"fmvis lA p ;ns
print name
ITS: (Trustee Sole Owner Joint
Tenants operty Owners APPROVED AS TO FORM:
By: ..,caaci A-. .,& TA,
.0-(,-\---
I.. City Attorney
print name
ITS: (TrusteeSole-Owner Joint
Tenants/.Property Owners)
3 of 3
CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
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 Q !\ A t1,e_ }
,_�c
On '3aA. 3 ) ! 'O 7Z(t before me, ��(�`� �9"'°\*.A5 C51"-) Notary
Date Insert Name and Title of the officer
Public, personally appeared M(. L� -e,t 1'`- 1 JLc C er o 4-.c
\ 5 N a . c3 1 440 fk.
Name(s)of Signer(s) -
who proved to me on the basis of satisfactory evidence to be the persokbwhose name is/s
subscribed to the within instrument and acknowledged to me that he/she h executed the same in
his/her/cap authorized capacite and that by his/her/er signatur on the instrument the
persoe3 or the entity upon behalf of which the person( aj 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.
• ' TOMIKA WILKERSON
Notary Public•California
?4aT Orange County
�q ,` pj'1 Commission>I 2540219
Signature:_ 70,1„. #$
" ' 1 ,1 My Comm.Expires Dec 3112029
----------------------------OPTIONAL----------------------------------------
Though this section is optional, completing this information can deter alteration of the document or fraudulent
attachment of this form to an unintended document.
Description of Attached Document }
Title or Type of Document: >Qpcc6k Vail/ �+:., `rh'iDoument Date: 1
Number of Pages: Signer(s)Other Than Named Above:
Capacity(ies)Claimed by Signer(s)
• Signers Name: Signers Name:
❑ Corporate Officer—Title(s) ❑Corporate Officer—Title(s)
❑ Partner-❑ Limited ❑General ❑ Partner-❑ Limited ❑General
❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact
❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator
❑ Other: ❑ Other:
Signer is Representing: Signer is Representing:
EXHIBIT"A"
ASSESSOR'S PARCEL NO. 146-201-57
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 254 PAGES 32 AND 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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- ABBREVIATIONS:
Loi POC POINT OF COMMENCEMENT 09/04/2025
TPOB TRUE POINT OF BEGINNING 06/05/2025
EXHI BIT B PLANS PREPARED BY:
m DMc ENGINEERING Sheet
SKETCH TO ACCOMPANY LEGAL DESCRIPTION """•SWYEING•PtM"NING•CG.STR.. 1 Of 1
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PARCEL 2 PMB 254132-33 APN 146.201.57 Tel:(949)75349393
9 !I 1Vedmology Dna;Sege KO.Inine,fabfomia 92618
Huntington Beach,California 4Meil dmc(gdom m