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HomeMy WebLinkAbout2025-09-18 - Easement Rosenblatt Family Trust dated October 4, 1984, Aaron Cargile, Trustee Recorded in Official Records,Orange County Hugh Nguyen,Clerk-Recorder II 11111111111 IIIIIII � it NO FEE * $ R 0 0 1 6 1 7 1 6 6 7 $ * 2026000110426 11:28 am 04/17/26 RECORDING REQUESTED BY ) 513 Ex12A E02 6 AND WHEN RECORDED RETURN TO: ) 0.00 0.00 0.00 0.00 15.00 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.] Tile document is solely for the official This document is exempt from business of the City of Huntington Bach. recording fees pursuant to as contemplated under Government Code Government Code Section 6103. vt3art Sec.27383 end ehould be record fres of chsrge. SPECIAL UTILITY EASEMENT AGREEMENT For valuable consideration, receipt of which is hereby acknowledged Rosenblatt Family Trust dated October 4, 1984, Aaron Cargile, Trustee (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. 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 Apiu: P-16.zok -16 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 Beach. recording fees pursuant to as contemplated under Government Code Government Code Section 6103. Sec. 27383 and should be recorded free of chltrpft. SPECIAL UTILITY EASEMENT AGREEMENT For valuable consideration, receipt of which is hereby acknowledged Rosenblatt Family Trust dated October 4, 1984, Aaron Cargile, Trustee (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. 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 4 (). ����- - 16 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. 2 of 3 • IN WITNESS WHEREOF, this Special Utility Easement has been executed by the Grantor herein on — 18" T- 20?g: GRANTOR CITY OF HUNTINGTON BEACH, a municipal Rosenblatt Family Trust dated October 4, corporation of the State of California 1984 By: irector of Public Works ChAU Ctr c (•2 �`� C9 ATTEST: print name ITS: ruste- Sole Owner, Joint Tenants roperty Owners) &47-,- City Clerk (PURSUANT TO RESOLUTION NO.2003-29) By: REVIEWED AND APPROVED: Aa(Pn Cu (9 ( print name City Manager ITS: rust -, Sole Owner, Joint Tenants roperty Owners) /(YT`‘A5Vdi By: APPROVED AS TO FORM: r print name City Attorney ITS: ruste , Sole Owner, Joint f'" Tenan operty Owners) (WflZ fi 3 of 3 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 ORANGE On SEPTEMBER 18, 2025 before me, BETH FAAS, NOTARY PUBLIC (insert name and title of the officer) personally appeared AARON CARGILE 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. BETH FAAs WITNESS my hand and official seal. _ Notary Public-California Orange County IE Commis:ton t 2349445 My Comm.Eooires Jan 4,2026 Signature AlAv (Seal) EXHIBIT"A" ASSESSOR'S PARCEL NO. 146-201-16 THAT PARCEL OF LAND IN THE CITY OF HUNTINGTON BEACH,COUNTY OF ORANGE, STATE OF CALIFORNIA LYING WITHIN 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 A PORTION OF LAND DESCRIBED IN A QUITCLAIM DEED RECORDED OCTOBER 22, 1993 AS DOCUMENT#93-0723120, RECORDS OF SAID COUNTY MORE PARTICULARLY DESCRIBED AS 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 N00°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 N90°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 QUITCLAIM DEED; 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 Q LAND S�\ s. Mc66,e C NO.6496 * * DEREK J. 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