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HomeMy WebLinkAboutLot Line Adjustment LLA2008003 - Supporting DocumentsCITY OF HU•NGTON BEACH 46 MATTER ID NO. REQUEST FOR LEGAL SERVICES Jennifer McGrath, City Attorney Date:5/23/08 Request made by:Rami Talleh Telephone:X1682 Department : PLANNING INSTRUCTIONS: File Request For Legal Services in the City Attorney's Office. Outline reasons for the request in the space marked "COMMENTS" and include facts necessary for City Attorne t ond.h 1981 Egv !J-) Please att ach all pertinent documents , information, exhibits , any relevant deadlines and contact information .MAY 3 0 2008 TYPE OF LEGAL SERVICES REQUESTED :City of Huntington Beacf; City Attorney's Office Prepare Contract / Document Approve Document General Legal Assistance / Project / Legal Research RCA DEADLINE: IF NOT FOR CITY COUNCIL ACTION, REQUESTED DEADLINE : 06/13/08 Insufficient time to et deadline, please note revised due date of This request was vi pproved Date: Signatu e o ep rtment Head COMMENTS Please explain in a brief narrative what you are asking the City Attorney to do, along with a brief factual background to your request (E g , I am requesting that the City Attorney draft an ordinance, or advise whether certain records must be disclosed under the PRA) Please identify all attachments to this RLS and pertinent department contact information Please review a proposed reciprocal driveway agreement between three developments It is important to note the the exhibit shows four lots and a portion of two other lots These lots will be merged to create three properties -- Longs Drugs, Liberty Liqour and Fien Medical Office Building I've attached all the code requirements and Conditions for each development Shaded areas for City Attorney's Office use only This RLS is being returned for the following reason(s): Need Department Head signature Opinion previously rendered on (date) , attached Insufficient data, please submit Attachment(s) missing Other Assigned Attorney: X*--, C )k Ext. o _ Assignment Date: Secretary : Ex.GSr/6 Due Date: O Matter Description: Advice Memo Agreement Negotiations El Citizen Inquiry Civil Hearing Criminal Prosecution " Document Approval Document Preparation Grievances Meeting Request Opinion Ord nanc E PPJ t' F Project Public Records Act RCA Report Resolution Workers' Comp (',l Ot Nun.rig S 14 Notes: 2008 vel Date Completed: JUN -2 1 2 3 RLS Form CITY OF HUNTINGTON BEACH REQUEST FOR LEGAL SERVICES Jennifer McGrath , City Attorney MATTER ID NO. Datc:5/23/08 Request made by:Rami Talleh Telephone :X1682 Department : PLANNING INSTRUCTIONS: File Request For Legal Services in the City Attorney's Office. Outline reasons for the request in the space marked "COMMENTS" and include facts necessary for City AttorneR EItbres ond.VF , Please att ach all pertinent documents , information , exhibits , any relevant deadlines and contact information .MAY 3 0 2008 TYPE OF LEGAL SERVICES REQUESTED:City of Huntington Beach City Attorney's Office Prepare Contract / Document ® Approve Document General Legal Assistance / Project / Legal Research RCA DEADLINE: IF NOT FOR CITY COUNCIL ACTION, REQUESTED DEADLINE: 06/13/08 Insufficient time to This request was vi pproved. Signatu e o ep rtment Head Date:0 COMMENTS Please explain in a brief narrative what you are asking the City Attorney to do, along with a brief factual background to your request. (E.g., I am requesting that the City Attorney draft an ordinance, or advise whether certain records must be disclosed under the PRA.) Please identify all attachments to this RLS and pertinent department contact information. Please review a proposed reciprocal driveway agreement between three developments. It is important to note the the exhibit shows four lots and a portion of two other lots. Th ese lots will be merged to create three properties - Longs Drugs, Liberty Liqour and Fien Medical Office Building. I've attached all the code requirements and Conditions for each development. Shaded areas for City Attorney's Office use only_ This RLS is-being . retu rn ed for the following reason(s): Need Department Head signature Opinion previously rendered or lr sufficieiit data, please submit Attachment(s) missing 0 Oiher. Matter Description: Advice Memo Agreement Negotiations 0)fi4 1f Grievances Meeting Request Opinion 'O Ordinance Pitchess Notes: et deadline;: please note revised-due, date o Criminal Prosecution ; Document Approval Document Preparation rojc Public Records Act RCA Report Resolution Workers' Comp te1 Date Completed: 3 .49 RECORDING REQUESTED BY: WHEN RECORDED , MAIL TO: MAY2 2 «08 (Space Above for Recorder's Use) RECIPROCAL EASEMENT AGREEMENT This RECIPROCAL EASEMENT AGREEMENT ("Agreement") is made as of , 2008, by and among JOHN GUNDERSON, as Trustee of the Marital Trust as set forth in The John Gunderson and Marcia A. Gunderson Revocable Living Trust dated August 13, 2005 ("Gunderson "), DIANE KIM ("Kim"), and ERNEST PAUL O'REILLY and BETTY LORRAINE O'REILLY as Trustees of the O'Reilly Family Trust U/D April 30, 1980 ("O'Reilly'). Gunderson, Kim and O'Reilly may be referred to individually herein as a "Party" and collectively as the "Parties." RECITALS A. Gunderson is the fee owner of certain real property located in the City of Huntington Beach, County of Orange, State of California, as more particularly described as follows: ("Gunderson Parcel"): THE SOUTH ONE-HALF OF LOTS 18 AND 19 AND THE WEST 30.00 feet of the SOUTH HALF OF LOT 20, TRACT NO.411 AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 16, PAGE 26 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA. EXCEPTING THEREFROM THAT PORTION OF LOT 20 DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID WEST 30.00 FEET OF LOT 20; THENCE NORTHERLY ALONG THE EASTERLY LINE THEREOF, 20.00 FEET; THENCE SOUTHWESTERLY IN A DIRECT LINE TO A POINT IN THE SOUTHERLY LINE OF SAID LOT, DISTANT WESTERLY THEREON 20.00 FEET FROM SAID SOUTHEASTERLY CORNER THENCE EASTERLY ALONG SAID SOUTHERLY LINE 20.00 FEET TO THE POINT OF BEGINNING. SDH\30132 0001\367684 2 5/21/2008 -1- B. Kim is the fee owner of certain real property adjacent to the Gunderson Parcel and more particularly described as follows ("Kim Parcel"): Parcel 1: THE NORTH 140 FEET OF LOT 19 OF TRACT NO. 411, IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 16, PAGE 26 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Parcel 2: THE NORTH 93' 4" OF 19 OF TRACT NO. 411 OF LIBERTY PARK, IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 16, PAGE 26 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Parcel 3: THE WEST 30 FEET OF LOT 20 OF "LIBERTY PARK, TRACT NO. 41 1", IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 16, PAGE 26 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING THEREFROM THE SOUTH 140 FEET THEREOF. ALSO EXCEPTING THEREFROM THAT PORTION THEREOF DESCRIBED AS FOLLOWS. BEGINNING AT THE NORTHEASTERLY CORNER OF SAID WEST 30 FEET OF LOT 20; THENCE WESTERLY ALONG THE NORTHERLY LINE OF SAID LOT, A DISTANCE OF 20.00 FEET; THENCE SOUTHEASTERLY IN A DIRECT LINE TO A POINT IN THE EASTERLY LINE OF SAID WEST 30 FEET; DISTANT SOUTHERLY THEREON 20.00 FEET FROM SAID NORTHEASTERLY CORNER; THENCE NORTHERLY ALONG SAID EASTERLY LINE, 20.00 FEET TO THE POINT OF BEGINNING. C. O'Reilly is the fee owner of certain real property adjacent to the Gunderson Parcel and the Kim Parcel and more particularly described as follows ("O'Reilly Parcel": NORTH %2 OF LOT 18, OF TRACT 411 OF LIBERTY PARK, AS PER MAP RECORDED IN BOOK 16, PAGE 26 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY. SDI-I\30132 0001\367684 2 5/21/2008 -2- 0 •0 The Gunderson Parcel, the Kim Parcel and the O'Reilly Parcel may be referred to individually as a "Parcel " and collectively as the "Property." D. By entering into this Agreement, each Party grants to the other Parties certain reciprocal easements in, to, over, under, and across portions of the Property described and depicted in Exhibit "A" attached hereto ("Easement Area"). In consideration of the mutual covenants and agreements contained in this Agreement, the Parties agree as follows: ARTICLE 1 DEFINITIONS 1.1. Party. The term "Party" means each Person executing this Agreement, or that Person's successor in interest to a Parcel, as shown by the Official Records of the County of Orange, State of California. 1.2. Person . The term "Person" means an individual or a partnership, firm, association, corporation, trust, or any other form of legal or business entity. 1.3. Users. The term "Users" means all Persons who have been granted permission to use the Easement Area, including the Parties, occupants, employees, service and other personnel, invitees, customers, agents and contractors. ARTICLE 2 EASEMENTS 2.1. Access Easements Granted . Each Party, as grantor, grants to the other Party, as grantee, nonexclusive easements over, across, in, under and through the portion of the Easement Area located on the grantor's Parcel for pedestrian and vehicular access, ingress and egress (collectively, "Access Easements"). 2.2. Nature of Easements . For purposes of the easements granted herein, the Parcels benefited by each easement constitute the dominant estate, and the Parcel burdened by each easement constitutes the servient estate. The grant of an easement to a Party for that Party's benefit shall also be a grant to and for the benefit of that Party's successors, heirs, assigns, occupants, and Users. Each easement granted herein is appurtenant to and for the benefit of each Parcel owned by each grantee of the easement. No easement may be transferred, assigned or encumbered except as an appurtenance to the benefited Parcels. 2.3. Duration of Easements . Each easement granted under this Article shall continue in effect both as to any Parcel benefited and as to any Parcel burdened by the easement in perpetuity. ARTICLE 3. TRANSFERS 3.1. Multiple Owners of Parcel . This Paragraph applies if at any time during the term of this Agreement a Party conveys or transfers all or any portion of its interest in its Parcel so as to vest ownership of the Parcel or any interest in the Parcel in more than one (1) Person. In that case, those Persons shall be considered a single Party under this Agreement and shall jointly SDH\30132 000 1\367684 2 5/21/2008 -3- appoint one (1) of their number to act as agent on behalf of all of them in carrying out the provisions of this Agreement. 3.2. Release on Transfer . If a Party conveys, assigns , sells or otherwise transfers its entire right, title and interest in its Parcel, that Party shall be released from any obligations arising under this Agreement subsequent to the date of the transfer and the transferee shall be deemed to have assumed all obligations of such Party arising under this Agreement on or after such transfer. ARTICLE 4. CONSTRUCTION 4.1. Temporary Encroachments . Each Party agrees that during any construction of any improvements in the Easement Area or any repairs to or maintenance of the Easement Area as contemplated under this Agreement, certain minor and temporary encroachments on the Easement Area may occur due to the use of equipment in connection with construction, and that these temporary encroachments shall be permitted on the Parcels for only a limited time and only to the extent necessary for the construction involved. 4.2. Access Between Parcels . Except as otherwise provided in this Agreement, no hedge, fence, wall or similar barrier may be placed, installed or constructed on a Parcel if the barrier would block or otherwise interfere with access between that Parcel and the Easement Area. 4.3. Compliance With Laws. All work performed in the Easement Area and all improvements constructed on the Easement Area shall comply with all applicable laws, ordinances, regulations and orders of all federal, state, county or local governmental agencies or entities having jurisdiction. ARTICLE 5. OPERATION AND MAINTENANCE OF EASEMENT AREA 5.1. Maintenance Duties . Each Party shall maintain that portion of the Easement Area on such Party's Parcel in good condition and repair. If a party ("Defaulting Parry") fails to maintain, repair and replace any improvements within the Easement Area on such Party's Parcel in good condition and repair, any other Party ("Repairing Party") shall have the right, upon fifteen (15) days advance written notice to the Defaulting Party to perform such maintenance, repair and replacement work. In such event, the Defaulting Party shall reimburse the Repairing Party for all costs incurred in performing the applicable maintenance, repair or replacement work, within fifteen (15) days after delivery to such party of a statement of the reasonable third party costs incurred accompanied by copies of invoices or other evidence of payment of such costs. 5.2. Arbitration of Disputes . If a dispute arises concerning the performance of maintenance obligations or the billing of costs pursuant to Section 5.1, any Party to the dispute may elect to refer such dispute to arbitration with the American Arbitration Association ("AAA") in accordance with the rules of the AAA for commercial arbitration then in effect. Such election shall be binding upon the disputing parties. The award of the arbitrator (a) shall be binding upon the disputing Parties, (b) shall not be appealable, (c) may include an award of legal fees and costs SDH\30132 0001\367684 2 5/21/2008 -4- to the prevailing Party, and (d) may be entered as a judgment in any court of competent jurisdiction. 5.3. Liens. In carrying out its responsibilities under this Agreement for the maintenance of the Easement Area, each Party shall keep the Property and Easement Area free and clear from any liens arising out of any work performed, materials furnished or other obligations incurred by such Party. If any lien is imposed, the Party who contracted for the work or materials or incurred such obligation shall pay the lien or bond it off within thirty (30) days after its imposition. ARTICLE 6. INDEMNIFICATION Each Party shall indemnify, defend and hold harmless each other Party from any and all damages, claims, causes of action, costs, expenses and any other liability arising from, related to, or incurred in connection with the death of any person or the injury or damage to any person or property occurring in or on the Easement Area located on each other Party's Parcel, unless the liability is caused by the negligence or willful act or omission of the indemnified Party, the agent or employees of the indemnified Party, or any Users of the indemnified Party. ARTICLE 7. MISCELLANEOUS 7.1. No Public Dedication . Nothing contained in this Agreement shall be deemed to be a gift or dedication of any portion of the Easement Area or any affect real property to the general public, for the general public or for any public purpose whatsoever, it being the intention of the Parties that this Agreement shall be strictly limited to and for the purposes expressed in the Agreement. 7.2. No Partnership or Joint Venture . This Agreement shall not be construed or deemed to create a relationship of partnership or joint venture among the Parties or between any of them. 7.3. Severability ; Counterparts . If any provision of this Agreement is held to be invalid by any court of competent jurisdiction, the remaining provisions shall remain in full force and effect. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument. 7.4. Attorneys' Fees . If any action is commenced between any Parties to this Agreement concerning this Agreement or for the enforcement of rights and duties of any Party, the Party prevailing in the action shall be entitled to, in addition to any other relief that may be granted, a reasonable sum as and for its attorneys' fees. The sum shall be determined by the court in the action or in a separate action brought for that purpose. 7.5. Binding Effect . Each and all of the foregoing covenants, conditions and restrictions (i) shall run with the land; (ii) shall be binding upon, and shall inure to the benefit of the Parties and any Person having or acquiring any interest in any portion of the Property and all of their respective successive owners and assigns; and (iii) shall be binding upon, and shall inure to the benefit of, the Property and every portion of it and interest in it. SDH\30132 0001\367684 2 5/21/2008 -5- 7.6. Rights of Mortgagees . Notwithstanding any other provision of this Agreement, no amendment or violation of this Agreement shall operate to defeat or render invalid the rights of the mortgagee or beneficiary under any mortgage or deed of trust upon any Parcel in the Property made in good faith and for value, provided that, after the foreclosure of any such mortgage or deed of trust, such Parcel shall remain subject to this Agreement, as amended. [SIGNATURE PA GES FOLLOW] SDH\30132 0001\367684 2 5/21/2008 -6- IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first set forth above. JOHN GUNDERSON, as Trustee of the Marital Trust as set forth in The John Gunderson and Marcia A. Gunderson Revocable Living Trust dated August 13, STATE OF CALIFORNIA COUNTY OF On 2005 ss , 200_, before me, "Gunderson" Notary Public , personally appeared 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. Signature (SEAL) SDH\30132 0001\367684 2 5/21/2008 -7- ERNEST PAUL O'REILLY, as Trustee of the O'Reilly Family Trust U/D April 30, 1980 BETTY LORRAINE O'REILLY, as Trustee of the O'Reilly Family Trust U/D April 30, 1980 "O'Reilly" STATE OF CALIFORNIA COUNTY OF ss On , 200_, before me, Notary Public, personally appeared 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. Signature (SEAL) SDH\30132 0001\367684 2 5/21/2008 -8- DIANE KIM "Kim" STATE OF CALIFORNIA COUNTY OF ss On , 200_, before me, Notary Public, personally appeared 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. Signature (SEAL) SDH\30132 0001\367684 2 5/21/2008 -9- EXHIBIT "A" DESCRIPTION OF EASEMENT AREA A reciprocal easement for ingress and egress over the following described property, consisting of a strip of land having a total width of 26 feet and a length of 270 feet The southerly portion of said strip being the northerly 13 feet of the westerly 30 feet of the southerly one half of lot 20, along with the northerly 13 feet of the southerly one half of lot 19, and the northerly 13 feet of the easterly 108 feet of the southerly one half of lot 18, all a part of Tract Number 411, in the City of Huntington Beach, County of Orange, State of California, as shown on a map thereof recorded Book 16, Page 26 of Miscellaneous Maps, in the Office of the County Recorder of said County The northerly portion of said strip being the southerly 13 feet of the westerly 30 feet of the northerly one half of lot 20, along with the southerly 13 feet of the northerly one half of lot 19, and the southerly 13 feet of the easterly 108 feet of the northerly one half of lot 18, all a part of Tract Number 411, in the City of Huntington Beach, County of Orange, State of California, as shown on a map thereof recorded Book 16, Page 26 of Miscellaneous Maps, in the Office of the County Recorder of said County The area of the combined portions consisting of 7020 square feet, more or less ATTACHED AND MADE A PART HEREOF IS EXHIBIT "A" PREPARED BY FAVREAU -SAVAGE LAND SURVEYING, Inc. 3434 Via Lido Suite 250 Newport Beach, CA 92663 (949) 675-8030 Patrick Savage L S 5183 Expires 6/30/09 Date SDH\30132 0001\367684 2 5/21/2008 0 0 SCALE 1' = 60'EXHIBI T "A " EASEMENT FOR INGRESS & EGRESS CITY OF HUNTINGTON BEACH ORANGE COUNTY, CALIFORNIA LIBERTY AVENUE O 132' N 132' N'LY 1 /2 LOT 18 r L SHEET 1 OF 1 SHEETS I m Z F'00 S'LY 1 /2 N LOT 19 Oa S'LY 1/2 j y N'LY 1/2 LOT 19 270' 270' n aJ Z 0 N LOT 18 rl 132'in 132' 10' N 30' 0N 1 Z 1- N 00 w Nfv 66'36' NEWMAN AVENUE Z RECORDING REQUESTED BY: WHEN RECORDED , MAIL TO: w 22.,- (Space Above for Recorder's Use) RECIPROCAL EASEMENT AGREEMENT This RECIPROCAL EASEMENT AGREEMENT ("Agreement ") is made as of 2008, by and among JOHN GUNDERSON, as Trustee of the Marital Trust as set forth in The John Gunderson and Marcia A. Gunderson Revocable Living Trust dated August 13, 2005 ("Gunderson '), DIANE KIM ("Kim'), and ERNEST PAUL O'REILLY and BETTY LORRAINE O'REILLY as Trustees of the O'Reilly Family Trust U/D April 30, 1980 ("O'Reilly"). Gunderson, Kim and O'Reilly may be referred to individually herein as a "Party" and collectively as the "Parties." RECITALS A. Gunderson is the fee owner of certain real property located in the City of Huntington Beach, County of Orange, State of California, as more particularly described as follows: ("Gunderson Parcel'): THE SOUTH ONE-HALF OF LOTS 18 AND 19 AND THE WEST 30.00 feet of the SOUTH HALF OF LOT 20, TRACT NO. 411 AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 16, PAGE 26 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA. EXCEPTING THEREFROM THAT PORTION OF LOT 20 DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID WEST 30.00 FEET OF LOT 20; THENCE NORTHERLY ALONG THE EASTERLY LINE THEREOF, 20.00 FEET; THENCE SOUTHWESTERLY IN A DIRECT LINE TO A POINT IN THE SOUTHERLY LINE OF SAID LOT, DISTANT WESTERLY THEREON 20.00 FEET FROM SAID SOUTHEASTERLY CORNER THENCE EASTERLY ALONG SAID SOUTHERLY LINE 20.00 FEET TO THE POINT OF BEGINNING. SDH\30132 0001\367684 2 5/21/2008 -1- B. Kim is the fee owner of certain real property adjacent to the Gunderson Parcel and more particularly described as follows ("Kim Parcel"): Parcel 1: THE NORTH 140 FEET OF LOT 19 OF TRACT NO. 41 1, IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 16, PAGE 26 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Parcel 2: THE NORTH 93' 4" OF 19 OF TRACT NO.411 OF LIBERTY PARK, IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 16, PAGE 26 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Parcel 3: THE WEST 30 FEET OF LOT 20 OF "LIBERTY PARK, TRACT NO. 411 ", IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 16, PAGE 26 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING THEREFROM THE SOUTH 140 FEET THEREOF. ALSO EXCEPTING THEREFROM THAT PORTION THEREOF DESCRIBED AS FOLLOWS. BEGINNING AT THE NORTHEASTERLY CORNER OF SAID WEST 30 FEET OF LOT 20; THENCE WESTERLY ALONG THE NORTHERLY LINE OF SAID LOT, A DISTANCE OF 20.00 FEET; THENCE SOUTHEASTERLY IN A DIRECT LINE TO A POINT IN THE EASTERLY LINE OF SAID WEST 30 FEET; DISTANT SOUTHERLY THEREON 20.00 FEET FROM SAID NORTHEASTERLY CORNER; THENCE NORTHERLY ALONG SAID EASTERLY LINE, 20.00 FEET TO THE POINT OF BEGINNING. C. O'Reilly is the fee owner of certain real property adjacent to the Gunderson Parcel and the Kim Parcel and more particularly described as follows ("O'Reilly Parcel"): NORTH '/2 OF LOT 18, OF TRACT 411 OF LIBERTY PARK, AS PER MAP RECORDED IN BOOK 16, PAGE 26 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY. SDI A30132 0001\367684 2 5/21/2008 -2- The Gunderson Parcel, the Kim Parcel and the O'Reilly Parcel may be referred to individually as a "Parcel" and collectively as the "Property." D. By entering into this Agreement, each Party grants to the other Parties certain reciprocal easements in, to, over, under, and across portions of the Property described and depicted in Exhibit "A" attached hereto ("Easement Area"). In consideration of the mutual covenants and agreements contained in this Agreement, the Parties agree as follows: ARTICLE 1 DEFINITIONS I.I. Party. The term "Party" means each Person executing this Agreement, or that Person's successor in interest to a Parcel, as shown by the Official Records of the County of Orange, State of California. 1.2. Person. The term "Person" means an individual or a partnership, firm, association, corporation, trust, or any other form of legal or business entity. 1.3. Users. The term "Users" means all Persons who have been granted permission to use the Easement Area, including the Parties, occupants, employees, service and other personnel, invitees, customers, agents and contractors. ARTICLE 2 EASEMENTS 2.1. Access Easements Granted. Each Party, as grantor, grants to the other Party, as grantee, nonexclusive easements over, across, in, under and through the portion of the Easement Area located on the grantor's Parcel for pedestrian and vehicular access, ingress and egress (collectively, "Access Easements'). 2.2. Nature of Easements . For purposes of the easements granted herein, the Parcels benefited by each easement constitute the dominant estate, and the Parcel burdened by each easement constitutes the servient estate. The grant of an easement to a Party for that Party's benefit shall also be a grant to and for the benefit of that Party's successors, heirs, assigns, occupants, and Users. Each easement granted herein is appurtenant to and for the benefit of each Parcel owned by each grantee of the easement. No easement may be transferred, assigned or encumbered except as an appurtenance to the benefited Parcels. 2.3. Duration of Easements . Each easement granted under this Article shall continue in effect both as to any Parcel benefited and as to any Parcel burdened by the easement in perpetuity. ARTICLE 3. TRANSFERS 3.1. Multiple Owners of Parcel . This Paragraph applies if at any time during the term of this Agreement a Party conveys or transfers all or any portion of its interest in its Parcel so as to vest ownership of the Parcel or any interest in the Parcel in more than one (1) Person. In that case, those Persons shall be considered a single Party under this Agreement and shall jointly SDH\30132 0001 `367684 2 5/21/2008 -3- appoint one (1) of their number to act as agent on behalf of all of them in carrying out the provisions of this Agreement. 3.2. Release on Transfer . If a Party conveys, assigns, sells or otherwise transfers its entire right, title and interest in its Parcel, that Party shall be released from any obligations arising under this Agreement subsequent to the date of the transfer and the transferee shall be deemed to have assumed all obligations of such Party arising under this Agreement on or after such transfer. ARTICLE 4. CONSTRUCTION 4.1. Temporary Encroachments . Each Party agrees that during any construction of any improvements in the Easement Area or any repairs to or maintenance of the Easement Area as contemplated under this Agreement, certain minor and temporary encroachments on the Easement Area may occur due to the use of equipment in connection with construction, and that these temporary encroachments shall be permitted on the Parcels for only a limited time and only to the extent necessary for the construction involved. 4.2. Access Between Parcels . Except as otherwise provided in this Agreement, no hedge, fence, wall or similar barrier may be placed, installed or constructed on a Parcel if the barrier would block or otherwise interfere with access between that Parcel and the Easement Area. 4.3. Compliance With Laws. All work performed in the Easement Area and all improvements constructed on the Easement Area shall comply with all applicable laws, ordinances, regulations and orders of all federal, state, county or local governmental agencies or entities having jurisdiction. ARTICLE 5. OPERATION AND MAINTENANCE OF EASEMENT AREA 5.1. Maintenance Duties . Each Party shall maintain that portion of the Easement Area on such Party's Parcel in good condition and repair. If a party ("Defaulting Party") fails to maintain, repair and replace any improvements within the Easement Area on such Party's Parcel in good condition and repair, any other Party ("Repairing Party") shall have the right, upon fifteen (15) days advance written notice to the Defaulting Party to perform such maintenance, repair and replacement work. In such event, the Defaulting Party shall reimburse the Repairing Party for all costs incurred in performing the applicable maintenance, repair or replacement work, within fifteen (15) days after delivery to such party of a statement of the reasonable third party costs incurred accompanied by copies of invoices or other evidence of payment of such costs. 5.2. Arbitration of Disputes . If a dispute arises concerning the performance of maintenance obligations or the billing of costs pursuant to Section 5.1, any Party to the dispute may elect to refer such dispute to arbitration with the American Arbitration Association ("AAA") in accordance with the rules of the AAA for commercial arbitration then in effect. Such election shall be binding upon the disputing parties. The award of the arbitrator (a) shall be binding upon the disputing Parties, (b) shall not be appealable, (c) may include an award of legal fees and costs SDM30132 0001\367684 2 5/21/2008 -4- t to the prevailing Party, and (d) may be entered as a judgment in any court of competent jurisdiction. 5.3. Liens. In carrying out its responsibilities under this Agreement for the maintenance of the Easement Area, each Party shall keep the Property and Easement Area free and clear from any liens arising out of any work performed, materials furnished or other obligations incurred by such Party. If any lien is imposed, the Party who contracted for the work or materials or incurred such obligation shall pay the lien or bond it off within thirty (30) days after its imposition. ARTICLE 6. INDEMNIFICATION Each Party shall indemnify, defend and hold harmless each other Party from any and all damages, claims, causes of action, costs, expenses and any other liability arising from, related to, or incurred in connection with the death of any person or the injury or damage to any person or property occurring in or on the Easement Area located on each other Party's Parcel, unless the liability is caused by the negligence or willful act or omission of the indemnified Party, the agent or employees of the indemnified Party, or any Users of the indemnified Party. ARTICLE 7. MISCELLANEOUS 7.1. No Public Dedication . Nothing contained in this Agreement shall be deemed to be a gift or dedication of any portion of the Easement Area or any affect real property to the general public, for the general public or for any public purpose whatsoever, it being the intention of the Parties that this Agreement shall be strictly limited to and for the purposes expressed in the Agreement. 7.2. No Partnership or Joint Venture. This Agreement shall not be construed or deemed to create a relationship of partnership or joint venture among the Parties or between any of them. 7.3. Severability; Counterparts. If any provision of this Agreement is held to be invalid by any court of competent jurisdiction, the remaining provisions shall remain in full force and effect. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument. 7.4. Attorneys ' Fees . If any action is commenced between any Parties to this Agreement concerning this Agreement or for the enforcement of rights and duties of any Party, the Party prevailing in the action shall be entitled to, in addition to any other relief that may be granted, a reasonable sum as and for its attorneys' fees. The sum shall be determined by the court in the action or in a separate action brought for that purpose. 7.5. Binding Effect. Each and all of the foregoing covenants, conditions and restrictions (i) shall run with the land; (ii) shall be binding upon, and shall inure to the benefit of the Parties and any Person having or acquinng any interest in any portion of the Property and all of their respective successive owners and assigns; and (iii) shall be binding upon, and shall inure to the benefit of, the Property and every portion of it and interest in it. SD}-F\30132 0001\3676842 5/21/2008 -5- ERNEST PAUL O'REILLY, as Trustee of the O'Reilly Family Trust U/D April 30, 1980 BETTY LORRAINE O'REILLY, as Trustee of the O'Reilly Family Trust U/D April 30, 1980 "O'Reilly" STATE OF CALIFORNIA COUNTY OF On 200_, before me, Notary Public, personally appeared 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 Califo rnia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (SEAL) SDH\30132 000I\367684 2 5/21/2008 -8- I DIANE KIM "Kim" STATE OF CALIFORNIA COUNTY OF On 200_, before me, Notary Public, personally appeared 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. Signature (SEAL) SDH\30132 0001\367684 2 5/21/2008 -9- i} EXHIBIT "A" DESCRIPTION OF EASEMENT AREA A reciprocal easement for ingress and egress over the following described property, consisting of a strip of land having a total width of 26 feet and a length of 270 feet: The southerly portion of said strip being the northerly 13 feet of the westerly 30 feet of the southerly one half of lot 20, along with the northerly 13 feet of the southerly one half of lot 19, and the northerly 13 feet of the easterly 108 feet of the southerly one half of lot 18, all a part of Tract Number 411, in the City of Huntington Beach, County of Orange, State of California, as shown on a map thereof recorded Book 16, Page 26 of Miscellaneous Maps, in the Office of the County Recorder of said County. The northerly portion of said strip being the southerly 13 feet of the westerly 30 feet of the northerly one half of lot 20, along with the southerly 13 feet of the northerly one half of lot 19, and the southerly 13 feet of the easterly 108 feet of the northerly one half of lot 18, all a part of Tract Number 411, in the City of Huntington Beach, County of Orange, State of California, as shown on a map thereof recorded Book 16, Page 26 of Miscellaneous Maps, in the Office of the County Recorder of said County. The area of the combined portions consisting of 7020 square feet, more or less ATTACHED AND MADE A PART HEREOF IS EXHIBIT "A" PREPARED BY FAVREAU-SAVAGE LAND SURVEYING, Inc. 3434 Via Lido Suite 250 Newport Beach, CA 92663 (949) 675-8030 Patrick Savage L S 5183 Expires 6/30/09 Date SDH\30132 0001\367684 2 5/21/2008 SCALE: t' = 60'EXHIBIT •,A „SHEET I OF I SHEETS EASEMENT FOR INGRESS & EGRESS CITY OF HUNTINGTON BEACH ORANGE COUNTY, CALIFORNIA LIBERTY AVENUE LC) 132'CA 132' N'LY 1/2 LOT 18 r L S'LY 1/2 LOT 18 Cl) 132'-132' 10' N 30' I N'LY 1/2 LOT 19 N I w O O 66' 36' p _j O0p-_ > z ` Z J 270' - - - m z 0 V U270'WWI w N Z F- O o S'LY 1/2 'co ir N N }LOT 19 n0 NEWMAN AVENUE . RECORDING REQUESTED BY: WHEN RECORDED , MAIL TO: (Space Above for Recorder's Use) RECIPROCAL EASEMENT AGREEMENT This RECIPROCAL EASEMENT AGREEMENT ("Agreement ') is made as of 2008, by and among JOHN GUNDERSON, as Trustee of the Marital Trust as set forth in The John Gunderson and Marcia A. Gunderson Revocable Living Trust dated August 13, 2005 ("Gunderson '), DIANE KIM ("Kim"), and ERNEST PAUL O'REILLY and BETTY LORRAINE O'REILLY as Trustees of the O'Reilly Family Trust U/D April 30, 1980 ("O'Reilly'). Gunderson, Kim and O'Reilly may be referred to individually herein as a "Party" and collectively as the "Parties." RECITALS A. Gunderson is the fee owner of certain real property located in the City of Huntington Beach, County of Orange, State of California, as more particularly described as follows: ("Gunderson Parcel "): THE SOUTH ONE-HALF OF LOTS 18 AND 19 AND THE WEST 30.00 feet of the SOUTH HALF OF LOT 20, TRACT NO.411 AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 16, PAGE 26 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA. EXCEPTING THEREFROM THAT PORTION OF LOT 20 DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID WEST 30.00 FEET OF LOT 20; THENCE NORTHERLY ALONG THE EASTERLY LINE THEREOF, 20.00 FEET; THENCE SOUTHWESTERLY IN A DIRECT LINE TO A POINT IN THE SOUTHERLY LINE OF SAID LOT, DISTANT WESTERLY THEREON 20.00 FEET FROM SAID SOUTHEASTERLY CORNER THENCE EASTERLY ALONG SAID SOUTHERLY LINE 20.00 FEET TO THE POINT OF BEGINNING. SDI X30132 0001\367684 2 5/21/2008 r B. Kim is the fee owner of certain real property adjacent to the Gunderson Parcel and more particularly described as follows ("Kim Parcel'): Parcel 1: THE NORTH 140 FEET OF LOT 19 OF TRACT NO.411, IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 16, PAGE 26 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Parcel 2: THE NORTH 93' 4" OF 19 OF TRACT NO. 411 OF LIBERTY PARK, IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 16, PAGE 26 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Parcel 3: THE WEST 30 FEET OF LOT 20 OF "LIBERTY PARK, TRACT NO. 411 ", IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 16, PAGE 26 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING THEREFROM THE SOUTH 140 FEET THEREOF. ALSO EXCEPTING THEREFROM THAT PORTION THEREOF DESCRIBED AS FOLLOWS. BEGINNING AT THE NORTHEASTERLY CORNER OF SAID WEST 30 FEET OF LOT 20; THENCE WESTERLY ALONG THE NORTHERLY LINE OF SAID LOT, A DISTANCE OF 20.00 FEET; THENCE SOUTHEASTERLY IN A DIRECT LINE TO A POINT IN THE EASTERLY LINE OF SAID WEST 30 FEET; DISTANT SOUTHERLY THEREON 20.00 FEET FROM SAID NORTHEASTERLY CORNER; THENCE NORTHERLY ALONG SAID EASTERLY LINE, 20.00 FEET TO THE PO INT OF BEGINN ING. C. O'Reilly is the fee owner of certain real property adjacent to the Gunderson Parcel and the Kim Parcel and more particularly described as follows ("O'Reilly Parcel"): NORTH '/2 OF LOT 18, OF TRACT 411 OF LIBERTY PARK, AS PER MAP RECORDED IN BOOK 16, PAGE 26 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY. SDI-1\30132 0001\367684 2 5/21/2008 -2- The Gunderson Parcel, the Kim Parcel and the O'Reilly Parcel may be referred to individually as a "Parcel" and collectively as the "Property." D. By entering into this Agreement, each Party grants to the other Parties certain reciprocal easements in, to, over, under, and across portions of the Property described and depicted in Exhibit "A" attached hereto ("Easement Area"). In consideration of the mutual covenants and agreements contained in this Agreement, the Parties agree as follows: ARTICLE 1 DEFINITIONS 1.1. Party. The term "Party" means each Person executing this Agreement, or that Person's successor in interest to a Parcel, as shown by the Official Records of the County of Orange, State of California. 1.2. Person. The term "Person" means an individual or a partnership, firm, association, corporation, trust, or any other form of legal or business entity. 1.3. Users. The term "Users" means all Persons who have been granted permission to use the Easement Area, including the Parties, occupants, employees, service and other personnel, invitees, customers, agents and contractors. ARTICLE 2 EASEMENTS 2.1. Access Easements Granted . Each Party, as grantor, grants to the other Party, as grantee, nonexclusive easements over, across, in, under and through the portion of the Easement Area located on the grantor's Parcel for pedestrian and vehicular access, ingress and egress (collectively, "Access Easements" ). 2.2. Nature of Easements . For purposes of the easements granted herein, the Parcels benefited by each easement constitute the dominant estate, and the Parcel burdened by each easement constitutes the servient estate. The grant of an easement to a Party for that Party's benefit shall also be a grant to and for the benefit of that Party's successors, heirs, assigns, occupants, and Users. Each easement granted herein is appurtenant to and for the benefit of each Parcel owned by each grantee of the easement. No easement may be transferred, assigned or encumbered except as an appurtenance to the benefited Parcels. 2.3. Duration of Easements . Each easement granted under this Article shall continue in effect both as to any Parcel benefited and as to any Parcel burdened by the easement in perpetuity. ARTICLE 3. TRANSFERS 3.1. Multiple Owners of Parcel . This Paragraph applies if at any time during the term of this Agreement a Party conveys or transfers all or any portion of its interest in its Parcel so as to vest ownership of the Parcel or any interest in the Parcel in more than one (1) Person. In that case, those Persons shall be considered a single Party under this Agreement and shall jointly SDH\30132 0001\367684 2 5/21/2008 -3- appoint one (1) of their number to act as agent on behalf of all of them in carrying out the provisions of this Agreement. 3.2. Release on Transfer . If a Party conveys, assigns, sells or otherwise transfers its entire right, title and interest in its Parcel, that Party shall be released from any obligations arising under this Agreement subsequent to the date of the transfer and the transferee shall be deemed to have assumed all obligations of such Party arising under this Agreement on or after such transfer. ARTICLE 4. CONSTRUCTION 4.1. Temporary Encroachments . Each Party agrees that during any construction of any improvements in the Easement Area or any repairs to or maintenance of the Easement Area as contemplated under this Agreement, certain minor and temporary encroachments on the Easement Area may occur due to the use of equipment in connection with construction, and that these temporary encroachments shall be permitted on the Parcels for only a limited time and only to the extent necessary for the construction involved. 4.2. Access Between Parcels . Except as otherwise provided in this Agreement, no hedge, fence, wall or similar barrier may be placed, installed or constructed on a Parcel if the barrier would block or otherwise interfere with access between that Parcel and the Easement Area. 4.3. Compliance With Laws. All work performed in the Easement Area and all improvements constructed on the Easement Area shall comply with all applicable laws, ordinances, regulations and orders of all federal, state, county or local governmental agencies or entities having jurisdiction. ARTICLE 5. OPERATION AND MAINTENANCE OF EASEMENT AREA 5.1. Maintenance Duties . Each Party shall maintain that portion of the Easement Area on such Party's Parcel in good condition and repair. If a party ("Defaulting Party') fails to maintain, repair and replace any improvements within the Easement Area on such Party's Parcel in good condition and repair, any other Party ("Repairing Party') shall have the right, upon fifteen (15) days advance written notice to the Defaulting Party to perform such maintenance, repair and replacement work. In such event, the Defaulting Party shall reimburse the Repairing Party for all costs incurred in performing the applicable maintenance, repair or replacement work, within fifteen (15) days after delivery to such party of a statement of the reasonable third party costs incurred accompanied by copies of invoices or other evidence of payment of such costs. 5.2. Arbitration of Disputes . If a dispute arises concerning the performance of maintenance obligations or the billing of costs pursuant to Section 5.1, any Party to the dispute may elect to refer such dispute to arbitration with the American Arbitration Association ("AAA") in accordance with the rules of the AAA for commercial arbitration then in effect. Such election shall be binding upon the disputing parties. The award of the arbitrator (a) shall be binding upon the disputing Parties, (b) shall not be appealable, (c) may include an award of legal fees and costs SDH\30132 0001\367684 2 5/21/2008 -4- 4 to the prevailing Party, and (d) may be entered as a judgment in any court of competent jurisdiction. 5.3. Liens. In carrying out its responsibilities under this Agreement for the maintenance of the Easement Area, each Party shall keep the Property and Easement Area free and clear from any liens arising out of any work performed, materials furnished or other obligations incurred by such Party. If any lien is imposed, the Party who contracted for the work or materials or incurred such obligation shall pay the lien or bond it off within thirty (30) days after its imposition. ARTICLE 6. INDEMNIFICATION Each Party shall indemnify, defend and hold harmless each other Party from any and all damages, claims, causes of action, costs, expenses and any other liability arising from, related to, or incurred in connection with the death of any person or the injury or damage to any person or property occurring in or on the Easement Area located on each other Party's Parcel, unless the liability is caused by the negligence or willful act or omission of the indemnified Party, the agent or employees of the indemnified Party, or any Users of the indemnified Party. ARTICLE 7. MISCELLANEOUS 7.1. No Public Dedication . Nothing contained in this Agreement shall be deemed to be a gift or dedication of any portion of the Easement Area or any affect real property to the general public, for the general public or for any public purpose whatsoever, it being the intention of the Parties that this Agreement shall be strictly limited to and for the purposes expressed in the Agreement. 7.2. No Partnership or Joint Venture . This Agreement shall not be construed or deemed to create a relationship of partnership or joint venture among the Part ies or between any of them. 7.3. Severability; Counterparts . If any provision of this Agreement is held to be invalid by any court of competent jurisdiction, the remaining provisions shall remain in full force and effect. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument. 7.4. Attorneys' Fees . If any action is commenced between any Parties to this Agreement concerning this Agreement or for the enforcement of rights and duties of any Party, the Party prevailing in the action shall be entitled to, in addition to any other relief that may be granted, a reasonable sum as and for its attorneys' fees. The sum shall be determined by the court in the action or in a separate action brought for that purpose. 7.5. Binding Effect . Each and all of the foregoing covenants, conditions and restrictions (i) shall run with the land; (ii) shall be binding upon, and shall inure to the benefit of the Parties and any Person having or acquiring any interest in any portion of the Property and all of their respective successive owners and assigns; and (iii) shall be binding upon, and shall inure to the benefit of, the Property and every portion of it and interest in it. SDH\30132 0001\367684 2 5/21/2008 -5- V, 7.6. Rights of Mortgagees . Notwithstanding any other provision of this Agreement, no amendment or violation of this Agreement shall operate to defeat or render invalid the rights of the mortgagee or beneficiary under any mortgage or deed of trust upon any Parcel in the Property made in good faith and for value, provided that, after the foreclosure of any such mortgage or deed of trust, such Parcel shall remain subject to this Agreement, as amended. [S I G NA T UR E PA G ES FOLLOW] SDI-1\30132 0001\367684 2 5/21/2008 -6- l IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first set forth above. JOHN GUNDERSON, as Trustee of the Marital Trust as set forth in The John Gunderson and Marcia A. Gunderson Revocable Living Trust dated August 13, 2005 "Gunderson" STATE OF CALIFORNIA COUNTY OF On 200_, before me, Notary Public, personally appeared 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 Californ ia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (SEAL) SDI-P30132 0001\367684 2 5/21/2008 -7- 11 1, ERNEST PAUL O'REILLY, as Trustee of the O'Reilly Family Trust U/D April 30, 1980 BETTY LORRAINE O'REILLY , as Trustee of the O'Reilly Family Trust U/D April 30, 1980 "O'Reilly" STATE OF CALIFORNIA COUNTY OF On 200__, before me, Notary Public, personally appeared 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. Signature (SEAL) SDH\30132 0001\367684 2 5/21/2008 -8- DIANE KIM "Kim" STATE OF CALIFORNIA COUNTY OF ss On 200_, before me, Notary Public, personally appeared 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. Signature (SEAL) SDH\30132 0001\367684 2 5/21/2008 -9- Ie EXHIBIT "A" DESCRIPTION OF EASEMENT AREA A reciprocal easement for ingress and egress over the following described property, consisting of a strip of land having a total width of 26 feet and a length of 270 feet: The southerly portion of said strip being the northerly 13 feet of the westerly 30 feet of the southerly one half of lot 20, along with the northerly 13 feet of the southerly one half of lot 19, and the northerly 13 feet of the easterly 108 feet of the southerly one half of lot 18, all a part of Tract Number 411, in the City of Huntington Beach, County of Orange, State of California, as shown on a map thereof recorded Book 16, Page 26 of Miscellaneous Maps, in the Office of the County Recorder of said County The northerly portion of said strip being the southerly 13 feet of the westerly 30 feet of the northerly one half of lot 20, along with the southerly 13 feet of the northerly one half of lot 19, and the southerly 13 feet of the easterly 108 feet of the northerly one half of lot 18, all a part of Tract Number 411, in the City of Huntington Beach, County of Orange, State of California, as shown on a map thereof recorded Book 16, Page 26 of Miscellaneous Maps, in the Office of the County Recorder of said County The area of the combined portions consisting of 7020 square feet, more or less. ATTACHED AND MADE A PART HEREOF IS EXHIBIT "A" PREPARED BY FAVREAU-SAVAGE LAND SURVEYING, Inc. 3434 Via Lido Suite 250 Newport Beach, CA 92663 (949) 675-8030 Patrick Savage L S 5183 Expires 6/30/09 Date SDI030132 0001\367684 2 5/21/2008 SCALE. I'-6V EXHIBIT "A"SHEET 'OF ' %IEM EASEMENT FOR INGRESS & EGRESS CITY OF HUNTINGTON BEACH ORANGE COUNTY, CALIFORNIA LIBERTY AVENUE LI) 132' N 132' N'LY 1/2 LOT 19 N'LY 1 /2 LOT 18 r L_ 0 F i2 S'LY 1/2 LOT 18 270' 270' 30' 0 N Z I-- 00 S'LY 1/2 WLOT 19 K pa>- J 0It O N ril 132'-132' 10' N 66'36' U)z0 0 (J NEWMAN AVENUE CITY OF HUNTINGTON BEACH Interdepartmental Communication TO: RAMI TALLEH, Senior Planner FROM : DANIEL K. OHL, Deputy City Attorney DATE: June 27, 2008 SUBJECT: RLS 09-1649; Reciprocal Driveway Agreement - Longs Drugs We have received and reviewed the Reciprocal Easement Agreement in this matter. The following is suggested: 1. Each Conditional Use Permit, Nos. 2008-088, 2008-075 and 07-038 provides, in Section 5(a), that "the recorded agreement shall remain in effect in perpetuity, except as modified or rescinded pursuant to the expressed written approval of the City of Huntington Beach." The quoted language should be added to the Reciprocal Easement Agreement in Section 2 3 Duration of Easements to more accurately reflect the necessary requirements. The remainder of the documentation and agreement is in order and is acceptable. DANIEL K. OHL Deputy City Attorney /jn 08-1649/24046 • 'A' • Cit of Huntin ton Beach 2000 MAIN STREET CALIFORNIA 92648 DEVELOPMENT ASSISTANCE TEAM PROJECT ADDRESS: 2S t DATE: 3 PROJECT DESCRIPTION: NAME ORGANIZATION PHONE NO. J T g 81 s4 -, n- o f L E .c. L/ II Mevavid c2 /f .., JaNvsz LC-C-cs CL L)G (` NOTES: - -1 I •53 •c 88 r tJc. .8a-oo I/' f l o.9 14 -1(# 7i`t 3P-S35 l /4-) 536 -S 3 4:S16 -S's G \FORMS\PLANNING\DAT Sign In Sheet doe Mail recorded copies to: CITY OF HUNTINGTON BEACH CITY CLERK 2000 Main Street Huntington Beach , CA 92648 Space above reserved for County Recorder's use a .i CITY OF HUNTINGTON BEACH LOT LINE ADJUSTMENT No. RECORD OWNER S OF EXISTING PARCELS: Fee $ (I/We) hereby certify that: 1) (I am/We are) the record owner(s) of all parcels proposed for adjustment by this application : 2) (I/We) have knowledge of and consent to the filing of this application : and 3) The information submitted in connection with this application is true and correct: APN:166'-612.1 APN:(5 • 3/2 • 20 NAME: I ,JOIV)&1JJ')der54Y 1 NAME:c.Ioh o &vhderson ADDRESS:ADDRESS: DAYTIME DAYTIME TELEPHONE:TELEPHONE: Signature Signature Name:Name: Favreau-Savage Land Survey, Inc.Signature Name: CITY OF HUNTINGTON BEACH LOT LINE ADJUSTMENT No. STATE OF CALIFORNIA SS COUNTY OF ORANGE ON THIS DAY OF , 200_, BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED PERSONALLY KNOWN TO ME OR 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 CAPACTITIES, 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. WITNESS MY HAND: MY COMMISSION EXPIRES: MY PRINCIPAL PLACE OF BUSINESS IS IN NOTARY PUBLIC IN AND FOR COUNTY. SAID STATE. PRINT NAME STATE OF CALIFORNIA SS COUNTY OF ORANGE ON THIS DAY OF , 200_, BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED PERSONALLY KNOWN TO ME OR 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 CAPACTITIES, 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. WITNESS MY HAND: MY COMMISSION EXPIRES: MY PRINCIPAL PLACE OF BUSINESS IS IN NOTARY PUBLIC IN AND FOR COUNTY. SAID STATE. PRINT NAME • S CITY OF HUNTINGTON BEACH LOT LINE ADJUSTMENT No. PREPARER: CONTACT PERSON: ADDRESS: z e 3434 * Lido 5 z5o DAYTIME TELEPHONE NO: AlJei) or1 Sc c( q47 '75 8030 263 '00L 0&CSq,c sgyq No.5183This document consisting of pages was prepared by me or under my direction.E XP. 6/30/09 P -ic/ z e PL S 5/83 Surveyor 's/Engineer 's Name and License Number My Registration Expires: COUNTY: -.30-2029 Examined and Approved as to survey content only for Raymond L. Mathe , County Surveyor Raymond L. Mathe, L.S. 6185 County Surveyor My License Expires: 3/31/08 Dated this day of CITY ENGINEER: This Lot Line Adjustment Application has been examined and approved by the City of Huntington Beach. Travis K. Hopkins, City Engineer R.C.E. 60560 Date My Registration Expires: 12/31/08 PLANNING DEPARTMENT: Examined and Approved as to Zoning Conformance by the City of Huntington Beach Planning Depa rtment By:Date •0 CITY OF HUNTINGTON BEACH LOT LINE ADJUSTMENT No. - LEGAL DESCRIPTION "EXHIBIT A" Existing Parcels Proposed Parcels Owners : AP Numbers: Reference Number: ohrl v derso s- Z -/9 ohh -o dersor)¢ 5- - 3 Z-2o SHEET 1 OF 1 LEGAL DESCRIPTION SITUATED IN THE CITY OF HUNTINGTON BEACH, IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, THE SOUTH ONE-HALF OF LOTS 18 AND 19 AND THE WEST 30 00 FEET OF SOUTH ONE-HALF OF LOT 20, TRACT 411, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 16 PAGE 26 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA EXCEPTING THEREFROM THAT PORTION OF LOT 20 DESCRIBED AS FOLLOWS BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID WEST 30 00 FEET OF LOT 20, THENCE NORTHERLY ALONG THE EASTERLY LINE THEREOF, 20.00 FEET, THENCE SOUTHWESTERLY IN A DIRECT LINE TO A POINT ON THE SOUTHERLY LINE OF SAID LOT, DISTANT WESTERLY THEREON 20 00 FEET FROM SAID SOUTHEASTERLY CORNER, THENCE EASTERLY ALONG SAID SOUTHERLY LINE, 20 00 FEET TO THE POINT OF BEGINNING THE AREA OF THE ABOVE DESCRIBED PROPERTY BEING 0 935 ACRES, MORE OR LESS ATTACHED AND MADE A PART HEREOF IS EXHIBIT "B" THIS DESCRIPTION/MAP HAS BEEN PREPARED BY ME OR UNDER MY DIRECTION NO. 5183 r,1 *EXP. 6/30/09 , jc/S f1 CrE PL 5 57 3 e Surveyor's/Engineer's Name and License Number My Registration Expires : 6 - 30- Zoo .? NOTE: DIMENSIONS AND BEARINGS PER RECORD INFORMATION. SEE TRACT MAP 411 (MM 16/26) RECORDS OF ORANGE COUNTY. 0 CITY OF HUNTINGTON BEACH LOT LINE ADJUSTMENT No. 9 MAP "EXHIBIT B" Existing Parcels Proposed Parcels Owners : AP Numbers : Reference Number: Jo n Go/) erson /G 5- 3'2 -IF Z07- A John Gunderson //0 s -3/2 _,:_10 Lo -t'A SHEET 1 OF 1 SCALE. 1"=80' LEGEND N N lb N89°25'08"E 292.00' 132.00' - - 162.00' ,\`LOT 0 `c- PG S-LY 1 /2 OF LOT 18 4 4 A I\ 66' LO -00 to ° N00 S'LY 142 OF LOT Z19 ANPORTIONOF LOT 20 132.00' - - 142.00' N89°25' 15"E 274.00' NEWMAN AVENUE 28.28' EXISTING LOT LINE TO REMAIN EXISTING LOT LINE TO BE REVISED REVISED PROPOSED LOT LINE PER THIS ADJUSTMENT THIS DESCRIPTION/MAP HAS BEEN PREPARED BY ME OR UNDER MY DIRECTION P 9 ,4 ,4c PL S 5/63 Surveyor's/Engineer's Name and License Number My Registration Expires : ' - 30- ZOD ' N44925'1 5"E Wz z0 I- 0 W V) ao QAK S9y4 9,.e Zr No. 5183 Exp. No,cAti' ar 0 CITY OF HUNTINGTON BEACH LOT LINE ADJUSTMENT No. Owners: o n 6,V r) erSon Jo n G"nderson SHEET 1 OF 1 SI "E Existi TE PLAN XHIBIT C" ng Parcels Proposed Parcels AP Numbers:Reference Number: /G 5-'/2 - /9 L o 7' /6 5-3 /2 -1--7 0 GorA W, SCALE: 1"=80' 11 7 N89-25'08"E 132.00' LOT 0 I -r-2 OWV NEWMAN AVENUE ®WV®"'V -------------- ---------------------------Ce ASPHALT m nx N9 A ASPHALT 2ND STORY UW 2 STORY WOOD FRAME BLDG H"19 3' 2ND STORY LINE 132.00' -. - 142.00' sH --------- N89'25'1 5"E 274.00'O n CURB & GUTTER N44'25' 15"E 28.28' THIS DESCRIPTION/MAP HAS BEEN PREPARED BY ME OR UNDER MY DIRECTION. ,5/8 -3 Surveyor's/Engineer 's Name and License Number My Registration Expires :'-30 --zoo? 292.00' OVERHANG 162.00'66' -1 JI U OI U GV I WV 55' -I I NC RAMP SSMH 36.00' WZ z 0 U H Ito,S4,14 A No. 5183 Exp. 6130/09 or OF CAL1V:0 Mail recorded copies to: CITY OF HUNTINGTON BEACH CITY CLERK 2000 Main Street Huntington Beach , CA 92648 Space above reserved for County Recorder's use QA CITY OF HUNTINGTON BEACH LOT LINE ADJUSTMENT No. - RECORD OWNER S OF EXISTING PARCELS: Fee $ (I/We) hereby certify that: 1) (I am/We are) the record owner(s) of all parcels proposed for adjustment by this application : 2) (I/We) have knowledge of and consent to the filing of this application : and 3) The information submi tt ed in connection with this application is true and correct: APN: 166--512.1 APN: /5- • 3 12 ' 2 O NAME: John &9,)c/erSoi ') NAME: John GU17dersor) ADDRESS: ADDRESS: DAYTIME DAYTIME TELEPHONE: TELEPHONE: Signature Signature Name:Name: Signature Signature Name:Name: •0 CITY OF HUNTINGTON BEACH LOT LINE ADJUSTMENT No. STATE OF CALIFORNIA SS COUNTY OF ORANGE ON THIS DAY OF , 200 _, BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED PERSONALLY KNOWN TO ME OR 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 CAPACTITIES, 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. WITNESS MY HAND: MY COMMISSION EXPIRES: MY PRINCIPAL PLACE OF BUSINESS IS IN NOTARY PUBLIC IN AND FOR COUNTY. SAID STATE. PRINT NAME STATE OF CALIFORNIA SS COUNTY OF ORANGE ON THIS DAY OF , 200_, BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED PERSONALLY KNOWN TO ME OR 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 CAPACTITIES, 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. WITNESS MY HAND: MY COMMISSION EXPIRES: MY PRINCIPAL PLACE OF BUSINESS IS IN NOTARY PUBLIC IN AND FOR COUNTY. SAID STATE. PRINT NAME L • No. PREPARER : eCONTACT PERSON: ADDRESS: 41 CITY OF HUNTINGTON BEACH LOT LINE ADJUSTMENT 343¢Lido S Z5o ,klecv orf Sc ('//23 DAYTIME TELEPHONE NO: q4? (75 8030 This document consisting of pages was prepared by me or under my direction. P ric 5q Q e PL 5 6/83 Su rveyor's/Engineer 's Name and License Number My Registration Expires: COUNTY: -30-2 '9 Examined and Approved as to survey content only for Raymond L. Mathe , County Su rveyor Raymond L. Mathe, L.S. 6185 County Su rveyor My License Expires : 3/31/08 Dated this day of CITY ENGINEER: a s, S4k IF+Io. 5183 E p. 6/30/09 OP CAL%fdO This Lot Line Adjustment Application has been examined and approved by the City of Huntington Beach. Travis K. Hopkins, City Engineer R.C.E. 60560 Date My Registration Expires: 12/31/08 PLANNING DEPARTMENT: Examined and Approved as to Zoning Conformance by the City of Huntington Beach Planning Depa rtment By:Date A CITY OF HUNTINGTON BEACH LOT LINE ADJUSTMENT No. LEGAL DESCRIPTION "EXHIBIT A" Existing Parcels Proposed Parcels Owners: AP Numbers: Reference Number: ohn Gv c/er5o S- Z -/9 ohh -O c/PrSon /(, S - 312--;;Z40 SHEET 1 OF 1 LEGAL DESCRIPTION SITUATED IN THE CITY OF HUNTINGTON BEACH, IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, THE SOUTH ONE-HALF OF LOTS 18 AND 19 AND THE WEST 30 00 FEET OF SOUTH ONE-HALF OF LOT 20, TRACT 411, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 16 PAGE 26 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA EXCEPTING THEREFROM THAT PORTION OF LOT 20 DESCRIBED AS FOLLOWS BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID WEST 30 00 FEET OF LOT 20, THENCE NORTHERLY ALONG THE EASTERLY LINE THEREOF, 20.00 FEET, THENCE SOUTHWESTERLY IN A DIRECT LINE TO A POINT ON THE SOUTHERLY LINE OF SAID LOT, DISTANT WESTERLY THEREON 20.00 FEET FROM SAID SOUTHEASTERLY CORNER, THENCE EASTERLY ALONG SAID SOUTHERLY LINE, 20 00 FEET TO THE POINT OF BEGINNING THE AREA OF THE ABOVE DESCRIBED PROPERTY BEING 0 935 ACRES, MORE OR LESS ATTACHED AND MADE A PART HEREOF IS EXHIBIT "B" THIS DESCRIPTION/MAP HAS BEEN PREPARED BY ME OR UNDER MY DIRECTION. /zicl S 216-PL S 5-/93 Surveyor's/Engineer's Name and License Number My Registration Expires :6 - 3o - Zoo9 &L LAN ,0 84 9 No. 5183 *Exp. 6/30/09 OCAUU" 2 0 CITY OF HUNTINGTON BEACH LOT LINE ADJUSTMENT No. MAP "EXHIBIT B" Existing Parcels Proposed Parcels Owners : AP Numbers: Reference Number: Jo n Gvn erson / 5- 31Z -/9 ZOT A John Gunderson /G 5 -3/2 -2 o Lo -t' A SHEET I OF 1 SCALE. NOTE: DIMENSIONS AND BEARINGS PER RECORD INFORMATION. SEE TRACT MAP 411 (MM 16/26) RECORDS OF ORANGE COUNTY. 1"=80% A\ LEGEND N89°25'08"E 292.00' 132.00' - - 162.00' LOT z A CO N SLY 1 /2 OF LOT19 AND PORTIONOF LOT 20 132.00' --142.00' LO N89025'1 5"E 274.00' N NEWMAN AVENUE N44°25' 15"E 28.28' EXISTING LOT LINE TO REMAIN EXISTING LOT LINE TO BE REVISED REVISED PROPOSED LOT LINE PER THIS ADJUSTMENT THIS DESCRIPTION/MAP HAS BEEN PREPARED BY ME OR UNDER MY DIRECTION. P 7 /C/C 9,4 ,4C PL S 5 18 3 Surveyor 's/Engineer 's Name and License Number My Registration Expires : 6 - 30- ZOD y' z 0 5- S'LY 1 /2 OF LOT 16 1O 66' OF CALNIO' LOT 0 No. Owners: SITE PLAN "EXHIBIT C" Existing Parcels AP Numbers: Proposed Parcels Reference Number: o n &V r7 er5on /G 5- 3/2 - /9 L o 7- Jo n &c'nderson /G 5- 3/2-20 L.oY'A SHEET 1 OF 1 0 • 6PGs /2 SCALE: 1"=80'N89' 25'08" E 132.00' 119 -------------- --------------------------- 13a TI R ®"'V NEWMAN AVENUE ®WV®WV ----------------0SSMH N89'25 '1 5"E 274.00' 0 CITY OF HUNTINGTON BEACH LOT LINE ADJUSTMENT 0z 292.00' OVERHANG 162.00' ASPHALT i ,19 A ASPHALT 2ND STORY LINE 2 STORY WOOD FRAME BLDG H-19 3' 2ND STORY UNE 132.00 ' - - 142.00' CURB & GUTTER N44'25'1 5"E 28.28' THIS DESCRIPTION /MAP HAS BEEN PREPARED BY ME OR UNDER MY DIRECTION P.4-7-,-Eck 5,4 v,4 c 6 PL S 5/873 Surveyor's/Engineer's Name and License Number My Registration Expires :'-30 -Zoo9 ce 66' W z U GV WV 55' CONC RAMP SSMH 36.00' `°k QIQ\ S4kgQ 11 No. 5183 Exp.6/30/09 or OP CAOV-0