HomeMy WebLinkAbout2025-10-02 - Easement Smith Family Trust dated February 8, 2007, Darin Smith, Trustee Recorded in Official Records,Orange County
Hugh Nguyen,Clerk-Recorder
II IIIII 11111111 1111111 III NO FEE
* $ R 0 0 1 6 1 7 1 9 5 8 $ *
2026000110603 12:16 pm 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.]
This document is solely for tha otWel This document is exempt from
business of the Clay of Huntington Beech, recording fees pursuant to
se contemplated under Govornntent Code Government Code Section 6103.
Sec.27383 end should-be recorded free
of charge. Oel
SPECIAL UTILITY EASEMENT AGREEMENT
For valuable consideration,receipt of which is hereby acknowledged Smith Family
Trust dated February 8, 2007, Darin Smith, 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
1 of
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
es contemplated under Government Cods Government Code Section 6103.
Sac.27383 and should-tie recorded free
of charge.
SPECIAL UTILITY EASEMENT AGREEMENT
For valuable consideration, receipt of which is hereby acknowledged Smith Family
Trust dated February 8, 2007, Darin Smith, 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
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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.
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IN WITNESS WHEREOF,,, this Special Utility Easement has been executed
by the Grantor herein on /e)/;&r/Z4'5 _20 2 '
GRANTOR CITY OF HUNTINGTON BEACH, a municipal
Smith Family st dat Feb ary 8, 2007 corporation of the State of California
By:
tree r of Public Works Cho 'la..
Dari'r Gm"
punt name ATTEST:
ITSr(Trustee Sole Owner, Joint
Tenants/Property Owners)
City Clerk Lim QArt.
(PURSUANT TO RESOLUTION NO.2003-29)
By:
REVIEWED AND APPROVED:
$mtILJi
print name
ITS• rust-=-, Sole Owner,Joint City anager
Tenan s 'roperty Owners) 1 r7�hs �'PK"`'�
By:
APPROVED AS TO FORM:
L2IffN
517.71h
print name
ITS: rustee Sole Owner, Joint
F City Attorney
Tenants/Property Owners)
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 rck_n6 e-
On OCA-0VY- tr 2 1O before me, L- ✓r-•- 1—• V -zoo CC_
name and title of the officer)
personally appeared SY'n ► AI\
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. _� .� uauaa u.vENzoN
r
Notary Public-California
Orange County
Commission#2426580
c'oro" My Comm.Expires Nov 14,2026
Signatur (Seal)
EXHIBIT "A"
ASSESSOR'S PARCEL NO. 146-201-61
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 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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TPOB TRUE POINT OF BEGINNING 06/05/2025
EXHIBIT B PLANS PREPARED BY
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