Recorded in Official Records, Orange County
Hugh Nguyen, Clerk-Re corder
NO FEE
RECORDING REQUESTED BY ) * SR00135029785*
AND WHEN RECORDED RETURN TO: 2022000040543 1:46 pm 01/31/22 371 RW10A E02 9
City Clerk 0.00 0.00 0.00 0.00 24.00 0.00 0.000.000.00 0.00 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 charge.
SPECIAL UTILITY EASEMENT AGREEMENT 60322
FOR STORM DRAIN PURPOSES
Property Address:_18431 Beach Boulevard
For valuable consideration, receipt of which is hereby acknowledged Beach Housing Partners LP, a California limited partnership, (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 connections), in, on and under said real property for its entire length and full width as described on Exhibit A and Exhibit B (attached hereto and incorporated by this reference), and made a part hereof; and to construct structures for the transmission and delivery of storm water and all appurtenances, including but not limited to, catch basins, clean outs, inlets, 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 deliver and operate heavy equipment (such as a backhoe), 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, lining, enlarging, replacing and using said storm water pipeline(s).
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 storm water pipelines aor 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, 21-10761/2736576
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 exempt fron
recording fees pursuant to
Government Code Section 6103.
SPECIAL UTILITY EASEMENT AGREEMENT
FOR STORM DRAIN PURPOSES
Property Address:_18431 Beach Boulevard
For valuable consideration, receipt of which is hereby acknowledged Beach Housing Partners LP, a California limited partnership, (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 connections), in, on and under said real property for its entire length and full width as described on Exhibit A and Exhibit B (attached hereto and incorporated by this reference), and made a part hereof; and to construct structures for the transmission and delivery of storm water and all appurtenances, including but not limited to, catch basins, clean outs, inlets, 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 deliver and operate heavy equipment (such as a backhoe), 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, lining, enlarging, replacing and using said storm water pipeline(s).
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 storm water pipelines aor any equipment incidental thereto, at Grantor's In the performance of any of the work which CITY is authorized to perform in the area of such expense.
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, 21-10761/2736576 1
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 may 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: (1) any enhanced pavement treatments other than asphalt concrete, (2) any landscaping, and any landscaping irrigation facilities which shall be the responsibility of Grantor; (3) any temporary or permanent structures located within the easement area which shall be the responsibility of Grantor; and (4) any public or private walls or fencing that requires removal for the purpose of gaining access to easement area with the equipment (such as a backhoe) to affect repairs, which shall be the responsibility of the Grantor; and (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. 21-10761/2736576 2
IN WITNESS WHEREOF, this Special Utility Easement has been executed by the Grantor herein on Janvary 19, 2022.
GRANTOR CITY OF HUNTINGTON BEACH, a municipal
corporation of the State of California
By: See Attached
shake
print name Director of Public Works
ITS: (circle one) Chairman/President/Vice President
Polin Es tanis lau
By:_ Ses Attailed
City Clerk
print name (PURSUANT TO RESOLUTION NO. 2003-29)
ITS: (circle one) Secretary/Chief Financial Officer/Asst. 6-NO. 2016-85 WA Secretary - Treasurer REVIEWED AND APPROVED:
sean ane
City Manager
APPROVED AS TO FOR
City Attorney
21-10761/2736576
EXHIBIT "A"
LEGAL DESCRIPTION
24 FEET WIDE STORM DRAIN EASEMENT
THAT PORTION OF PARCEL 2 IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 76, PAGE 4 OF PARCEL
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BEING A STRIP OF LAND 24.00 FEET WIDE, LYING 12.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:
COMMENCING AT THE SOUTHEASTERLY CORNER OF SAID PARCEL 2, BEING ALSO ON
THE WESTERLY LINE OF BEACH BOULEVARD AS SHOWN ON SAID MAP, SAID POINT BEING ON A CURVE CONCAVE WESTERLY HAVING A RADIUS OF 9,934.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 89°18'44" EAST; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 0°04'09", AN ARC DISTANCE OF 12.00 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 89°17'45" WEST, 24.88 FEET TO POINT ON A NON-TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 90.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 12°33'46" WEST; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 23°49'13", AN ARC DISTANCE OF 37.42 FEET TO THE POINT OF A REVERSE CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 90.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 37°05'13", AN ARC DISTANCE OF 58.26 FEET; THENCE SOUTH 89°17'45" WEST, 191.66 FEET TO THE WESTERLY LINE OF SAID PARCEL 2 AND THE END OF SAID STRIP.
THE SIDE LINES OF SAID STRIP SHALL BE LENGTHENED OR SHORTENED TO MEET AND TERMINATE IN THE WESTERLY AND EASTERLY PROPERTY LINES OF SAID PARCEL 2.
CONTAINING 7,493 SQUARE FEET, MORE OR LESS.
SUBJECT TO COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS AND RIGHTS-OF-WAY OF RECORD, IF ANY.
SEE EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.
Prepared under my supervision:
L.S. 7780
*
Armando D. DuPont, L.S. 7780
11/30/21
EXHIBIT "B"
PLAT TO ACCOMPANY DESCRIPTION
ханят не д VARIES
P.O.B.
20' BOULEVARD
PARCEL 2
A.P.N. 159-031-018 NN897814°E
P.O.C.
ALLEY P.M.B. 76/4 BEACH
PARCEL /
14°
NOO 39'40 W
CURVE TABLE
LINE TABLE CURVE # RADIUS DELTA LENGHT
LINE # DIRECTION LENGTH 9934.00 0'04'09' 12.00
LI S891745' 24.88° C2 90.00 234913" 37.42
90.00 3705'13" 58.26
CAL VADA SURVEYING, INC
BASIS OF BEARINGS
THE CENTERLINE OF BEACH BOULEVARD VIA = 24' WIDE STORM DRAIN EASEMENT O' 25' 50'
PER P.M.B. 76/4, BEING NO0'39'40"W.
SCALE: 1"=50
CALVADA Job No. 19516
Los Angeles
SUAVEYING, INC.
411 JENKS CIRCLE, SUITE 205, CORONA, CA. 92878 PHONE: 951-280-9960 FAX: 951-280-9746 www.calvada.com Property Owner:
BEACH HOUSING PARTNERS LP,
a California limited partnership
By: JHC-Beach LLC,
a California limited liability company,
its Managing General Partner
By: Jamboree Housing Corporation,
a California nonprofit public benefit corporation,
its Manager
By:
Michael Massie,
Chief Development Officer
By: USA Huntington Beach 687, Inc.
a California corporation,
By:=
Name: Ger T Brown
Its:_ President
Guarantor:
JAMBOREE HOUSING CORPORATION,
California nonprotit public benefit corporatic
MUlL
By:
Michael Massie,
Chief Development Officer
383/020587-0153
17186959.1 a01/19/22
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE S 1189
89898989808089808388818:808080888989808880808980808 8080888080838088898089808380808088808 8083838:83808380888088083838088888838883838080838380808088888380898083 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 January 19th, 2022 before me, Julian Marin Barrios, Notary Public Date Here Insert Name and Title of the Officer
personally appeared Michael massie
Name(s) of Signers)
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
JULIAN MARIN BARRIOS laws of the State of California that the foregoing lotary Public - California
range County paragraph is true and correct.
Commission # 2375551
My Comm. Expires Sep 19, 2C25
WITNESS my hand and official seal.
Signature
Place Notary Seal and/or Stamp Above Signature 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:_
Signers) Other Than Named Above: _
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's 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: _
898080808983888808083818988808989808080808080838384808889898988838080808983838 8981818088898:838:838 80888888888080808088808884888088808888888881898880883888983 ©2019 National Notary Association
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
833888388838888888888888888888888888888888888888888888888888888888888888888888888 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 Placer
On January 20, 2022 before me, Janelle L. Ingle, Notary Public Date Here Insert Name and Title of the Officer
personally appeared Geoffrey C. Brown
Name(s) of Signers)
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
JANELLE L. INGLE laws of the State of California that the foregoing Notary Public - California paragraph is true and correct.
Placer County
Commission # 2355871
WITNESS my hand and official seal.
My Comm. Expires Apr 28, 2025
Signature
Place Notary Seal and/or Stamp Above Signature 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:
Signers) Other Than Named Above:
Capacity(ies) Claimed by Signers)
Signer's Name: Signer's 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: _
8888888888888888883888888888838888838888838888898888888888288890 ©2019 National Notary Association
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.
ACKNOWLEDGMENT
STATE OF CALIFORNIA )
) SS
COUNTY OF ORANGE )
On January 27, 2022 before me, Tania Moore, Notary Public, personally appeared Sean Crumby and Robin Estanislau who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons 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. TANIA MOORE
Notary Public - California
Orange County QUA
Commission # 2358365
My Comm. Expires May 20, 2025
ama
(Seal)
Notary Signature)