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HomeMy WebLinkAboutLot Line Adjustment LLA2009004 - Supporting DocumentsCITY OF HUNTINGTON BEACH PLANNING DEPARTMENT PLANNING AND ZONING PLAN CHECK October 8, 2007 Contact Person: Randall Jepson 3002 Dow Avenue, Suite 140 Tustin, CA 92780 Phone: (714) 508-1868 JOB ADDRESS: 16491 Gothard Street Plan Dated: September 6, 2007 PLAN CHECK NO. B2007-6624 Plan Checker: Susan Pierce for Jason Kelley Planning Department 2000 Main Street Huntington Beach, CA 92648 Phone: (714) 536-5271 Fax: (714) 374-1540 Email:Jkelle surfcit -hb.or Entitlement No(s).: Conditional Use Permit No. 83-18 / Tentative Parcel Map 83-563 (PM 202-13) Proposed Use: New 31,377 sq. ft. industrial building (Building N with four suites) PLANNING & ZONING CORRECTIONS: 1. Entitlement Plan Amendment and Lot Line Adjustment required to amend the approved site plan for Conditional Use Permit 83-18 and Tentative Parcel Map 83-563. 2. On Cover Sheet (CS) add the following information: a. Insert AO into Flood Zone information: AO depth 2 feet. b. Add legal description. 3. On Sheet C a. Delete TPM conditions. b. Add Entitlement Plan Amendment and Lot Line Adjustment conditions. 4. On Sheet Al.1 a. Correct legal description: Parcel 2 b. Provide Parcel 2 at a larger scale. c. Show parcel lines for Parcel 2. These shall be separated from the common parking and road areas of other parcels. d. Provide minimum 10-ft. wide planter along Gothard with no parking space overhang. e. All new parking spaces shall be 9 ft. x 19 ft. with 26 ft. turning radius. f. Compact spaces are no longer allowed. If the spaces marked "C" are 8.5 ft. wide and are existing, they may remain this size; delete the "C." g. Indicate Building H is "Not-a-Part." h. Dimension loading spaces. i. Parking striping key reference not shown on Parcel 2 (Building N). Plan Check 82007-66240 October 8, 2007 Page 2 of 3 • j. Identify the located of trash area(s). k. Show the location of the highest existing grade immediately next the proposed building. 1. Adjust, if necessary, the pad height or floodproofing required at 3 feet above the point identified above. m. Provide minimum 26 ft. for all new driveway aisles and parking areas. n. Provide and show location of 3 bicycle parking spaces. 5. On Sheets A2.1 and A2.2 a. Identify use of all rooms. 6. On Sheets A2.3 - A2.6 a. Verify that floor area includes stairs on each level. b. Make sure that the size matches data on Sheet A2.1. c. Adjust floor area and parking requirements where appropriate, if necessary 7. On Sheets A3.1, A5.1, and A5.2, the materials and methods used to floodproof the building shall be consistent with FEMA Technical Bulletins 2-93 and 3-93. htt ://www.fema. ov/fima/techbul.shtm. Windows and doors may need flood barriers. 8. On Sheets A5.1 and A5.2 indicate how floodproofing will be accomplished. Refer to technical bulletins. 9. On Sheet A6.1, the striping detail #4 shall include stall width and length. Modify to show wheel stop 2.5 ft. from fence, wall, or walkway as required by HBZSO §231.16C 10. Submit Floodproofing Certificate. htt ://www.fema. ov/ df/fhm/ff81-65. df. (Although form is out-of-date, it is still accepted by FEMA.) 11. A recorded covenant restricting the floor use of the proposed building is required when office area exceeds 10% of the total floor area and a combined parking ratio is proposed. A document will be prepared for completion upon resubmittal and confirmation of the floor area and parking compliance. 12. Receive landscape plan approval from Public Works Department prior to issuance of building permit. 13. Receive grading plan approval and obtain permit prior to issuance of building permit. 14. Submit a reciprocal parking agreement for review and approval. When approved by the City it shall be recorded in the Orange County Recorder's Office and a copy submitted to Planning prior to issuance of building permit. PLEASE ALLOW A MINIMUM OF FIVE WORKING DAYS FOR RECHECK OF REVISED PLANS ADDITIONAL CORRECTIONS MAY BE REQUIRED FOLLOWING REVIEW OF THE REVISED PLANS. ALSO, COMPLETION OF THE CORRECTIONS AND/OR THE SUBMITTAL OF REVISED PLANS DOES NOT PRESUME APPROVAL. Plan Check 82007-6624• October 8, 2007 Page 3of3 0 ALL FEES ARE SUBJECT TO CHANGE; FEES ARE DUE AT ISSUANCE OF BUILDING PERMITS UNLESS OTHERWISE SPECIFIED TO EXPEDITE YOUR PLAN CHECK REVIEW ON FUTURE SUBMITTALS, SUBMIT A COPY OF THIS CORRECTION LIST TO THE PLANNING DEPARTMENT WITH ONE SET OF PLANS AND INDICATE HOW EACH CORRECTION WAS ADDRESSED. THE PLAN CHECK DETERMINATION AND/OR THE CORRECTIONS MAY BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN CALENDAR DAYS PURSUANT TO THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE SECTION 248.24. THE APPEAL FEE IS $494.00. L L A Zool- oo y F b7 viTMENT -Ta PA,ecEL5 A OF P,Rcf? 2 aF pm /i 0• 3 . PA r?CeZ.4 y4 S 1 r-2FX/ /f a0/F/6V To FIT 4 T/G 7 L'I CoiCer7e / +/oi/l-rack . Rig(-O/u6 . Ca keer-zt aN -To PL.A+-r CK,=-CK ua. B20 7-6 62q Fv (^0T -U0-/c A07470167`7 Rea-r2e0 T Q* Mew4 THe 14V0afrF0 5'1 -r&- PLAN fc4 C. t/. p 1103-18 Order Number: OSA-2540815 (18) Page Number: 1 Updated #2 ti1F:A C y First American Title Insurance Company 10535 Foothill Blvd, Suite 282 Rancho Cucamonga, CA 91730 Phone: Fax: Customer Reference: Order Number: OSA-2540815 (18) Title Officer: Ed Luque Phone: (909)257-3960 Fax No.: (714)913-6235 E-Mail: eluque@firstam.com Borrower: Owner: M Westland LLC Property: 16371 Gothard Street Huntington Beach, CA PRELIMINARY REPORT In response to the above referenced application for a policy of title insurance, this company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in Exhibit A attached. Copies of the Policy forms should be read. They are available from the office which issued th is report. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matt ers which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a writt en representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issua f insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a po 1f i Binder or Commitment should be requested. LLII L ' First American Title ALU 2 r ?^n9 Huntir;giur,BeachPLANNING DEPT. i Order Number: OSA-2540815 (18) Page Number: 2 Dated as of August 10, 2009 at 7:30 A.M. The form of Policy of title insurance contemplated by this report is: Extended Loan A specific request should be made if another form or additional coverage is desired. Title to said estate or interest at the date hereof is vested in: M. WESTLAND, LLC, A DELAWARE LIMITED LIABILITY COMPANY The estate or interest in the land hereinafter described or referred to covered by this Report is: A fee. The Land referred to herein is described as follows: (See attached Legal Description) At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy form would be as follows: 1. General and special taxes and assessments for the fiscal year 2009-2010, a lien not yet due or payable. la. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. 2. An easement for public utilities and incidental purposes in the document recorded in Book 7433, Page 972 of Official Records. 3. An easement for public utilities and incidental purposes in the document recorded in Book 7623, Page 927 of Official Records. 4. Abutter's rights of ingress and egress to or from the street or highway abutting said land have been dedicated or relinquished on the filed Map. 5. An easement for public utilities and incidental purposes, recorded January 6, 1987 as Instrument No. 87-005795 of Official Records. In Favor of: Southern California Edison Company, a Corporation Affects: All of Parcel Map 83-563 as shown on a map filed in Book 202, Pages 12 and 13, in the Office of the County Recorder of said County, excepting therefrom Parcels 1 through 11 inclusive FirstAmerican Title Order Number: OSA-2540815 (18) Page Number: 3 6. An easement for manholes, pedestals wires, appurtenances for the transmission of electric energy for communication and incidental purposes, recorded January 14, 1992 as Instrument No. 92-022332 of Official Records. In Favor of: General Telephone Company of California, a Corporation Affects: A portion of the Land 7. A document entitled "Consent to Removal of Personal Property Affixed to Real Property" recorded July 7, 1997 as Instrument No. 19970319160 of Official Records. 8. Intentionally Deleted 9. Water rights, claims or title to water, whether or not shown by the public records. 10. A deed of trust and financing statement to secure an original indebtedness of $4,000,000.00 recorded September 29, 2006 as Instrument No. 2006000650580 of Official Records. Dated: September 29, 2006 Trustor: M. Westland, LLC, a Delaware Limited Liability Company Trustee: LandAmerica Lawyers Title Beneficiary: Great-West Life & Annuity Insurance Company, a Corporation 11. A document entitled "Assignment of Leases and Rents" recorded September 29, 2006 as Instrument No. 2006000650581 of Official Records, as additional security for the payment of the indebtedness secured by the deed of trust recorded September 29, 2006 as Instrument No. 2006000650580 of Official Records. 12. Rights of parties in possession. Prior to the issuance of any policy of title insurance, the Company will require: 13. With respect to M. Westland, LLC, a Delaware limited liability company: a. A copy of its operating agreement and any amendments thereto; b. If it is a California limited liability company, that a certified copy of its articles of organization (LLC-1) and any certificate of correction (LLC-11), certificate of amendment (LLC-2), or restatement of articles of organization (LLC-10) be recorded in the public records; c. If it is a foreign limited liability company, that a certified copy of its application for registration (LLC-5) be recorded in the public records; d. With respect to any deed, deed of trust, lease, subordination agreement or other document or instrument executed by such limited liability company and presented for recordation by the Company or upon which the Company is asked to rely, that such document or instrument be executed in accordance with one of the following, as appropriate: (i) If the limited liability company properly operates through officers appointed or elected pursuant to the terms of a written operating agreement, such document must be executed by at least two duly elected or appointed officers, as follows: the chairman of the board, the president or any vice president, and any secretary, assistant secretary, the chief financial officer or any assistant treasurer; (ii) If the limited liability company properly operates through a manager or managers identified in the articles of organization and/or duly elected pursuant to the terms of a written operating agreement, such document must be executed by at least two such managers or by one manager if the limited liability company properly operates with the existence of only one manager. First American Title Order Number: OSA-2540815 (18) Page Number: 4 e. Other requirements which the Company may impose following its review of the material required herein and other information which the Company may require. FirstAmerican Title Order Number: OSA-2540815 (18) Page Number: 5 INFORMATIONAL NOTES 1.General and special taxes and assessments for the fiscal year 2008-2009. First Installment:$51,379.33, PAID Penalty:$0.00 Second Installment:$51,379.33, PAID Penalty:$0.00 Tax Rate Area:04-007 A. P. No.:142-122-06 2. This preliminary report/commitment was prepared based upon an application for a policy of title insurance that identified land by street address or assessor's parcel number only. It is the responsibility of the applicant to determine whether the land referred to herein is in fact the land that is to be described in the policy or policies to be issued. 3. According to the public records, there has been no conveyance of the land within a period of twenty-four months prior to the date of this report, except as follows: None 4. According to the latest available equalized assessment roll in the office of the county tax assessor, there is located on the land a(n) Commercial Structure known as 16371 Gothard Street, Huntington Beach, California. FirstAmerican Title Order Number: OSA-2540815 (18) Page Number: 6 WIRE INSTRUCTIONS First American Title Company, Demand/ Draft Sub-Escrow Deposits Orange County, California First American Trust, FSB 5 First American Way Santa Ana, CA 92707 ABA 122241255 Credit to First American Title Company Account No. 2000015040 Reference Title Order Number OSA-2540815, and Title Officer Ed Luque Please wire the day before recording. Also, notify the Title Officer of your intent to wire. The map attached, if any, may or may not be a survey of the land depicted hereon. First American expressly disclaims any liability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title insurance policy, if any, to which this map is attached. First American Title Order Number: OSA-2540815 (18) Page Number: 7 LEGAL DESCRIPTION Real property in the City of Huntington Beach, County of Orange, State of California, described as follows: ALL OF PARCEL MAP NO. 83-563, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 202, PAGE(S) 12 AND 13 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, AS CORRECTED BY THAT CERTAIN CERTIFICATE OF CORRECTION, RECORDED OCTOBER 2, 1990, AS INSTRUMENT NO. 90-524482, OFFICIAL RECORDS OF SAID ORANGE COUNTY. EXCEPTING THEREFROM 50% OF 100% OF ALL MINERALS, GAS, OIL, PETROLEUM, NAPHTHA AND OTHER HYDROCARBON SUBSTANCES IN, UNDER OR THAT MAY BE PRODUCED OR RECOVERED FROM THAT PORTION OF SAID LAND BELOW A DEPTH OF 500 FEET FROM ITS SURFACE WITH AND INCLUDING IN SUCH EXCEPTION AND RESERVATION, FOR THE BENEFIT OF THOSE ENTITLED THERETO, THE RIGHT AT ANY AND ALL TIMES TO ENTER UPON AND INTO ANY AND ALL PARTS OF THE PORTION OF SAID LAND BELOW SUCH DEPTH OF 500 FEET FROM ITS SURFACE FOR THE PURPOSE OF EXPLORING AND DRILLING FOR, MINING, DEVELOPING, REMOVING AND EXTRACTING FROM OTHER LAND ENTERING INTO AND PENETRATING THE LAND THE SUBJECT HERETO ONLY BELOW SUCH DEPTH OF 500 FEET FROM ITS SURFACE, BUT WITH (AND THERE SHALL BE) NO RIGHT UNDER SUCH EXCEPTION AND RESERVATION OF ENTRY UPON OR USE OF THE SURFACE OR SUBSURFACE TO A DEPTH OF 500 FEET BELOW THE SURFACE, AS RESERVED BY DOROTHY THAYER PECK, CHARLES H. THATCHER AND TITLE INSURANCE AND TRUST COMPANY, A CORPORATION, ALL AS TRUSTEES OF THE TRUST COMPANY, A CORPORATION, ALL AS TRUSTEES OF THE TRUST UNDER WRITTEN DECLARATION THEREOF BY CARRIE A. PECK, DATED DECEMBER 18, 1936, AS TO AN UNDIVIDED 25% OF SAID 100% INTEREST AND BY DOROTHY T. PECK, A WIDOW, IN HER INDIVIDUAL CAPACITY, AS TO AN UNDIVIDED 25% OF SAID 100% INTEREST. APN: 142-122-06 FirstAmerican Title Order Number: OSA-2540815 (18) Page Number: 8 NOTICE Section 12413.1 of the California Insurance Code, effective January 1, 1990, requires that any title insurance company, underwritten title company, or controlled escrow company handling funds in an escrow or sub-escrow capacity, wait a specified number of days after depositing funds, before recording any documents in connection with the transaction or disbursing funds. This statute allows for funds deposited by wire transfer to be disbursed the same day as deposit. In the case of cashier's checks or certified checks, funds may be disbursed the next day after deposit. In order to avoid unnecessary delays of three to seven days, or more, please use wire transfer, cashier's checks, or certified checks whenever possible. If you have any questions about the effect of this new law, please contact your local First American Office for more details. First American Title Order Number: OSA-2540815 (18) Page Number: 9 EXHIBIT A LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (BY POLICY TYPE) 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990 SCHEDULE B EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notice of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the public records. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured daimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable "doing business" laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by their policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. 2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B - 1970 SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions of area of the land, or th e effect of any violation of any such law, ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured daimant; (d) attaching or First American Title Order Number: OSA-2540815 (18) Page Number: 10 created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 3. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B - 1970 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 2 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage by reason of the matters shown in parts one and two following: Part One 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining daims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 4. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1970 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant, (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder, (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent insurance is afforded herein as to any statutory lien for labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy). 4. Unenforceability of the lien of the insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner of the indebtedness to comply with applicable "doing business" laws of the state in which the land is situated. 5. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1970 WITH REGIONAL EXCEPTIONS When the American Land Title Association Lenders Policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy, the exclusions set forth in paragraph 4 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage by reason of the matters shown in parts one and two following: Part One 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. FirstAmerrcan Title Order Number: OSA-2540815 (18) Page Number: 11 6. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1 (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy; (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims, or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material or the extent insurance is afforded herein as to assessments for street improvements under construction or completed at date of policy); or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable "doing business" laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. 7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or (iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 7. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 6 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 8. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 1992 FirstAmerican Title Order Number: OSA-2540815 (18) Page Number: 12 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims, or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 9. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 1992 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 8 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: Part One: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 10. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY - 1987 EXCLUSIONS In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: * land use * land division * improvements on the land * environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in items 12 and 13 of Covered Title Risks. First American Title Order Number: OSA-2540815 (18) Page Number: 13 2. The right to take the land by condemning it, unless: * a notice of exercising the right appears in the public records on the Policy Date * the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking. 3. Title Risks: * that are created, allowed, or agreed to by you * that are known to you, but not to us, on the Policy Date - unless they appeared in the public records * that result in no loss to you * that first affect your title after the Policy Date - this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks 4. Failure to pay value for your title. 5. Lack of a right: * to any land outside the area specifically described and referred to in Item 3 of Schedule A, or * in streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. 11. EAGLE PROTECTION OWNER'S POLICY CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE - 1998 ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE - 1998 Covered Risks 14 (Subdivision Law Violation). 15 (Building Permit ). 16 (Zoning ) and 18 (Encroachment of boundary walls or fences) are subject to Deductible Amounts and Maximum Dollar Limits of Liability EXCLUSIONS In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes ordinances, laws and regulations concerning: a. building b. zoning c. land use d. improvements on the land e. land division f. environmental protection This exclusion does not apply to violations or the enforcement of these matters if notice of the violation or enforcement appears in the Public Records at the Policy Date. This exclusion does not limit the coverage described in Covered Risk 14, 15, 16, 17 or 24. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not apply to violations of building codes if notice of the violation appears in the Public Records at the Policy Date. 3. The right to take the Land by condemning it, unless: a. a notice of exercising the right appears in the Public Records at the Policy Date; or b. the taking happened before the Policy Date and is binding on You if You bought the Land without Knowing of the taking. 4. Risks: a. that are created, allowed, or agreed to by You, whether or not they appear in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they appear in the Public Records at the Policy Date; c. that result in no loss to You; or d. that first occur after the Policy Date - this does not limit the coverage described in Covered Risk 7, 8.d, 22, 23, 24 or 25. 5. Failure to pay value for Your Title. 6. Lack of a right: a. to any Land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land. This exclusion does not limit the coverage described in Covered Risk 11 or 18. 12. SECOND GENERATION EAGLE LOAN POLICY AMERICAN LAND TITLE ASSOCIATION EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (10/13/01) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the Land; (iii) a separation in ownership or a change in the dimensions or area of the Land or any parcel of which the Land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the Land has been recorded in the Public Records at Date of Policy. This exclusion FirstAmerican Title Order Number: OSA-2540815 (18) Page Number: 14 does not limit the coverage provided under Covered Risks 12, 13, 14 and 16 of this policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the Public Records at Date of Policy. This exclusion does not limit the coverage provided under Covered Risks 12, 13, 14 and 16 of this policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the Public Records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without Knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (this paragraph does not limit the coverage provided under Covered Risks 8, 16, 18, 19, 20, 21, 22, 23, 24, 25 and 26); or (e) resulting in loss or damage which would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of the Insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the Land is situated. 5. Invalidity or unenforceability of the lien of the Insured Mortgage, or claim thereof, which arises out of the transaction evidenced by the Insured Mortgage and is based upon usury, except as provided in Covered Risk 27, or any consumer credit protection or truth in lending law. 6. Real property taxes or assessments of any governmental authority which become a lien on the Land subsequent to Date of Policy. This exclusion does not limit the coverage provided under Covered Risks 7, 8 (e) and 26. 7. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This exclusion does not limit the coverage provided in Covered Risk 8. 8. Lack of priority of the lien of the Insured Mortgage as to each and every advance made after Date of Policy, and all interest charged thereon, over liens, encumbrances and other matters affecting title, the existence of which are Known to the Insured at: (a) The time of the advance; or (b) The time a modification is made to the terms of the Insured Mortgage which changes the rate of interest charged, if the rate of interest is greater as a result of the modification than it would have been before the modification. This exclusion does not limit the coverage provided in Covered Risk 8. 9. The failure of the residential structure, or any portion thereof to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This exclusion does not apply to violations of building codes if notice of the violation appears in the Public Records at Date of Policy. SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. The following existing statutes, reference to which are made part of the ALTA 8.1 Environmental Protection Lien Endorsement incorporated into this Policy following item 28 of Covered Risks: NONE. 13. SECOND GENERATION EAGLE LOAN POLICY AMERICAN LAND TITLE ASSOCIATION EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (10/13/01) WITH REGIONAL EXCEPTIONS When the American Land Title Association loan policy with EAGLE Protection Added is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 12 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: Part One: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining claims; reservations or exceptions in patents or in acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. Part Two: First American Title 1. The following existing statutes, reference to which are made part of the ALTA 8.1 Environmental Protection Lien Endorsement incorporated into this Policy following item 28 of Covered Risks: None. first American Title PRIVACY POLICY We Are Committ ed to Safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information - particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our parent company, The First American Corporation, we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of its source. First American calls these guidelines its Fair Information Values, a copy of which can be found on our website at www.firstam.com. Types of Informa tion Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means; Information about your transactions with us, our affiliated companies, or others; and • Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access tononpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy and First American's Fair Information Values. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. © 2001 The First American Corporation • All Rights Reserved POR. E, 1/2. NW 114, SEC. 23. T. 5 S.. R. 11 W.THIS MAP WAS PREPARED FOR ORANGE 142-12COUNTY ASSESSOR DEPT. PURPOSES ONLY. THE ASSESSOR MAKES NO GUARANTEE AS TO ITS ACCURACY NOR ASSUMES ANY LIABILITYFOR OTHER USES. NOT TO BE REPRODUCED.ALL RIGHTS RESERVED. m COPYRIGHT ORANGE COUNTY ASSESSOR 2005 29 28 merare-so-IZI-I An 4YL-3O4U-P.!.t ' L LU w safe?}'-so•ILS-4P. M. PAR I PAR 2 31 32 3.242 AC 5.2f3 AC A7RE472-io-Ise-Iqt . N.. 023.5-I x 29 30 1600 ACID) 2262AC MARCH 1962 J26 -J ,. .• w. to .a' GOTHARD STREET = so,w P. M. 30 -/ ,E,s.' PAR. 2 4.656AG 27 RM 4 45 O It OF AG P.M.202-/2 STORN DRAIN CHANNEL H. B. CITY Cf 36 37 PARCEL MAP P.M. 30-1.43-45.326 3 NOTE - ASSESSOR'S BLOCK 8 ASSESSOR'S MAP PARCEL NUMBERS BOOK 142 PAGE 12 SHOWN IN CIRCLES COUNTY OF ORANGE 0 1"=200' 0 II Page 1 of 1 • Arabe, Jill From: Santos, Ron Sent: Tuesday, September 23, 2008 4:04 PM To: Arabe, Jill Subject: FW: LLA Jill, I guess you got the LLA ... RON SANTOS Associate Planner City of Huntington Beach (714) 536-5561 (ph) (714) 374-1540 (lax) From: Santos, Ron Sent : Friday, September 19, 2008 3:40 PM To: Gonzales, Andrew Cc: Fauland, Herb Subject: LLA Andrew, A new LLA application has been assigned to you. I've been working with the applicant. Its fairly straight forward but a few things to note: For whatever reason, the 2 properties on each side of the line to be adjusted are shown as a single parcel on the AP map. However, there should be a copy of a subdivision map in the application materials that show that they are 2 separate legal lots. The adjusted lot line jogs in and out. They needed to draw it that way in order to capture land area and comply with applicable FAR, landscaping and parking requirements. I told the applicant that we could process the LLA as long as the adjustment does not make either of the parcels more non-conforming than they currently are. This makes things tricky when you are writing the findings since, as I recall, one of the lots is and would remain non conforming to FAR. We have processed other LLA under this scenario (i.e., proposed is not more non-conforming than existing). They are proposing to eliminate some floor area (mezzanine) in one of the buildings in order to maintain the existing FAR after the LLA. If all the numbers work, the applicant will need to pull the permits and demo the floor area before approving the LLA - since you can't condition a LLA. (I hadn't thought of this until now, so you may want to give the applicant the heads up so they can start the demo work ASAP.) RON SANTOS Associate Planner City of Huntington Beach (714) 536-5561 (ph) (714) 374-1540 (fax) v L aces 1ra " 9/26/2008 Page 1 of 1 Arabe, Jill From: Wine, Linda Sent: Wednesday, September 30, 2009 4:20 PM To: Barbara Delgleize, PC; Blair Farley. PC; Bogart, Steve; Bohr, Keith; Caraig, Gerald; Carchio, Joe; Coerper, Gil; De Coite, Kim; Dwyer, Devin; Ed Kerins; Elizabeth Shier-Burnett, PC; Emery, Paul; Fauland, Herb; Fikes, Cathy; Fred Speaker, PC; Green, Cathy; Hansen, Don; Hardy, Jill; Hess, Scott; Janis Mantini, PC; John Scandura, PC; Milani, Bob; Reardon, Bill; Talleh, Rami; Tom Livengood, PC; Wilson, Fred; Wine, Linda Cc: Arabe, Jill Subject: FW: Attn: Lot Line Adjustment No. 2009-004 (M. Westland Industrial Buildings) Attachments: LLA 2009-004 (16491 Gothard).pdf SUBJECT ENTITLEMENT: LOT LINE ADJUSTMENT NO. 2009-004 (M. WESTLAND INDUSTRIAL BUILDINGS) APPLICANT:Farhad Rezai, Coast Engineering, 10231 Slater Avenue, Suite 201, Fountain Valley, CA 92708 PROPERTY OWNER: William Lee Miller, M. Westland LLC, 24901 Camino Villa, Lake Forest, CA 92630 REQUEST: To adjust the lot lines between two contiguous industrial lots resulting in the transfer of 3,572 sq. ft. of land from parcel "B" to parcel "A" of Parcel Map No. 83-563. LOCATION: 16491 Gothard Street, 92647 (northwest corner of Heil Ave. and Gothard St.) PROJECT PLANNER: Jill Arabe, Assistant Planner On September 29, 2009, the Planning Department of the City of Huntington Beach took action on the above mentioned application and APPROVED the request with conditions. Please note the action by the Planning Depa rtment/Planning Director is appealable to the Planning Commission within ten calendar days from the date of the action. An appeal of the action shall be filed with the Department of Planning along with the appeal fee of $494. The last day for filing an appeal and paying the filing fee for the above mentioned application is Friday, October 9, 2009, at 5:00 pm. If you have any questions about this action or the application please contact Jill Arabe, Assistant Planner, at 714-536-5317. 9/30/2009 9 4 Page 1 of 2 Arabe, Jill From: FARHAD REZAI [coastengr@verizon.net] Sent: Wednesday, September 30, 2009 4:15 PM To: Arabe, Jill Cc: William L. Miller Subject: Fw: HBBC Lot Line Adjustment 2009-205 (Gothard and Heil) Huntington Beach Jill, Below please find the answer to your yesterday's questions. Please e-mail me the approval letter. Thanks Farhad Rezai Coast Engineering Civil & Structural Engineers 10231 Slater Ave., Suite 201 Fountain Valley, CA. 92708 Tel. (714) 593-0337 ---- Original Message ---- From: Fran To: FARHAD REZAI Sent: Wednesday, September 30, 2009 1:23 PM Subject: RE: HBBC Lot Line Adjustment 2009-205 (Gothard and Heil) Huntington Beach Farhad, The area of unadjusted parcel A is 24,050 sq. ft.. The area for unadjusted Parcel B is 41,395 sq. ft. Total area for Parcel A and B is 65,445 sq. ft. Please note that this does not include the area of Parcel 1 (9,899 sq. ft.) of PM 83-563, which was not adjusted at all. Thank you, Fran Crisologo Project Manager Surveyors 17821 Sky Park Circle, Suite L Irvine, California 92614 Toll Free: (888) We Map 4 U Office: (949) 250-0272 Cell: (949) 322-4980 Fax: (949) 250-0275 Email: mail m surve ors.com Website: www.m surve ors.com From: FARHAD REZAI [mailto:coastengr@verizon.net] Sent: Tuesday, September 29, 2009 5:22 PM To: Fran Cc: William L. Miller Subject: HBBC Lot Line Adjustment 2009-205 (Gothard and Heil) Huntington Beach Fran, The City planning department is requesting the following information: Parcel "A" area prior to adjustment. 9/30/2009 Page 2 of 2 Total parcels A and B area. Please e-mail the above as soon as possible. Thanks Farhad Rezai Coast Engineering Civil & Structural Engineers 10231 Slater Ave., Suite 201 Fountain Valley, CA. 92708 Tel. (714) 593-0337 9/30/2009 RESOLUTION NO. 1313 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HUNTINGTON BEACH ADOPTING A LIST OF USES WHICH WILL BE ALLOWED AS PART OF A MIXED USE INDUSTRIAL DEVELOPMENT LOCATED AT THE NORTHWEST CORNER OF GOTHARD STREET AND HEIL AVENUE. WHEREAS, Section 9511 .4 of the Huntington Beach Ord- inance Code requires that a resolution be adopted by the Planning Co mmission prior to the approval of a conditional use permit in order to establish a listing of uses which will be allowed in mixed use industrial development; and WHEREAS, the Planning Co mmission of the City of Huntington Beach has reviewed the list of uses requested by the applicant for Conditional Use Permit No. 83-18 and has reviewed the proposed project and considered that said uses are compatible with the proposed project and the surrounding uses; and WHEREAS , the developer has agreed to keep the City apprised at all times of the ratio of co mmercial and office operations , so that he does not exceed that which is authorized by the approval of this conditional use permit; and WHEREAS , any violation of the terms of this resolution or of any condition of approval shall automatically subject the conditional use permit to a public hearing for possible revoca- tion; NOW, THEREFORE , BE IT RESOLVED that the following list of categorical uses are permitted uses for the mixed use develop- ment at the northwest corner of Gothard Street and Heil Avenue and any additions, modifications, or revisions to this list shall require a revised resolution prior to establishment of any such addition , modification , or revision: The office building located at the intersection of Gothard and Heil shall contain general office uses, except that medical, dental, and/or clinic uses shall ,be prohibited. Retail uses shall consist of business /office supplies, stationery , office furniture , drafting supplies and blue- printing , xerox copy /print shops , engineering and surveying supplies , photo studios/graphic arts , travel agency, industrial /co mmercial /residential real estate sales, medical equipment sales and leasing , paint stores and decorating shops , home furnishings and hardware stores, appliance stores , lighting fixtures stores , spa and/or hot tub sales .and sandwich shops and /or delicatessen. Resolution No. 1• Page 2 0 The following additional retail uses are permitted subject to the restriction that outside storage of equipment and/ or autos and trucks shall be prohibited in conjunction with such leasing operations: equipment rentals, industrial equipment and machinery leasing and sales, marine supplies and hardware, auto and/or truck leasing. REGULARLY PASSED AND ADOPTED by the Planning Co mmission of the City of Huntington Beach, California, on September 7, 1983 by the following roll call vote: AYES: Higgins, Winchell, Livengood, Porter, Erskine, Schumacher, Mirjahangir NOES:None ABSENT:None ABSTAIN:None ATTEST: J mes W. Palin, Secretary Marcus M . Porter, an • PAM NO CALCULATION: t.aURD .A1B M mm m i-itpN 0301C/ r-- IL-- L ----- 1 i REVISIONS REFERENCES nmmpAfpu" --l.r 13.600 K Q.®30,630 Sr a73D K Q' I i3,11i KI I "T -----L--•--L 41----- r---- ----ti----------- -I'c J GOTHARD ST. M '-- z -•- J+dr WNER 1WILLIAM LEE MILLER - CIVIL ENGINEER I TED IN M1N71N2T(N BEAOI. M. WESTLAND COMPANY24901 CAMINO VILLA, EL TORO, CA 92830 13010 OLD BOL5A CHICA RD. (714) 855-9399 , 951-8354 W98 TUIN 3TRR, CA 03033 (71 4169 4-3 696 L • 13,006 K O,14,610 K 00 ar30K '1 1 I I IE-•F -;- .•w- +1 1 , 1 1-l.wlrr ir LE0ENDWw.-... l Ill.rnl. iN1 {l;llnfff-f>Il f.l O...rllll.n,eN fM.. of-ffi ... tDL>.bn . SITE PLAN SF-1 ow. QY Yyg.? City of Huntington Beach Development Services Division 2000 Main St. Huntington Beach, CA 92648 May 11, 2007 Subject: Parking requirements for 16291, 16321, 16331, 16351, 16371, 16401, 16421, 16441, 16491 Gothard and 7291 Heil. Dear Sir: We understand that in the future, when phases 1 and 1 a are fully occupied, we may have to add a parking lot on Lot 11 of Parcel Map 83-863 based upon calculations of obligated parking spaces. We also understand that the City will continue to review Tenant Improvement plans as they are submitted and calculate the number of parking spaces required over the 1 space per 500 SF approved in the site plan. The criteria to be used in such an analysis will be 1 space per each 1000 SF of wholesaling, warehouse, and distribution uses, 1 space per every 500 SF of research, testing, manufacturing, assembly, fabrication, and packaging uses, 1 space per 300 SF of office, and general office uses. We suggest the City keep a running total on obligated parking spaces as Building Plans and Tenant Improvement Plans are submitted. Please review and approve Tenant Improvement Plans as soon as possible. Thank you for your cooperation. Sincerely, William Lee Miller Member MW-HB-PARKING RATIO-01.DOC 13070 OLD BOLSA CHICA RD. - WESTMINSTER, CA 92683 - (714) 894-3896 0 0 Huntington Beach Business Center - Parking Allocation Total Comm.Comm.Office Office Man.Man.Ware.Ware.%Park. Area Area Area Area Area Suite Alloc. Address SF S SP SF SP S SP SF SP Im .SP 16401 Gothard 5,980 0 0.0 3924 13.1 181 0.4 1873-1.9 68.7%15 16371 Gothard A 2,617 0 0.0 727 2.4 471 0.9 1419 1.4 45.8%5 16371 Gothard B 3.510 2,946 14.7 160 0.5 183 0.4 221 0.2 93.7%16 16371 Gothard C 3,065 0 0.0 765 2.6 958 1.9 1342 1.3 56.2%6 16371 Gothard D 3,065 0 0.0 765 2.6 958 1.9 1342 1.3 56.2%6 16371 Gothard E 3,065 0 0.0 636 2.1 783 1.6 1646 1.6 46.3%5 16371 Gothard F 3,065 0 0.0 898 3.0 255 0.5 1912 1.9 37.6%5 16371 Gothard G 3,065 0 0.0 816 2.7 921 1.8 1328 1.3 56.7%6 16371 Gothard H 3,065 710 3.6 745 2.5 0 0.0 1610 1.6 47.5%8 16321 Gothard A 3,065 0 0.0 1500 5.0 183 0.4 1482 1.5 54.9%7 16321 Gothard B 3,065 0 0.0 1767 5.9 481 1.0 817 0.8 73.3%8 16321 Gothard C 3,065 0 0.0 765 2.6 958 1.9 1342 1.3 56.2%6 16321 Gothard D 3,065 0 0.0 1500 5.0 183 0.4 1382 1.4 54.9%7 16321 Gothard E 3,065 0 0.0 1400 4.7 183 0.4 1482 1.5 51.6%7 16321 Gothard F 3,065 0 0.0 1050 3.5 537 1.1 1478 1.5 51.8%6 16321 Gothard G 3,065 0 0.0 765 2.6 958 1.9 1342 1.3 56.2%6 16321 Gothard H 3,065 0 0.0 765 2.6 958 1.9 1342 1.3 56.2%6 16291 Gothard -5,980 0 0.0 2093 7.0 421 0.8 3466 3.5 42.0%11 16421 Gothard A 7,843 0 0.0 3181 10.6 183 0.4 4479 4.5 42.9%15 16421p"thard _ .,'-61061 0.9%10 16421 Gothard C 9,168 0 0.0 2006 6.7 183 0.4 7162 7.2 23.9%14 16421 Gothard D 4,052 0 0.0 1400 4.7 183 0.4 2469 2.5 39.1%8 16351 Gothard A 7,590 0 0.0 4697 15.7 183 0.4 2710 2.7 64.3%19 16351 Gothard B 6,061 0 0.0 1735 5.8 183 0.4 4143 4.1 31.6%10 16351 Gothard C 5,898 0 0.0 700 2.3 4198 8.4 1000 1.0 83.0%12 16351 Gothard D 3,903 0 0.0 3362 11.2 183 0.4 358 0.4 90.8%12 16331 Gothard A 7,843 0 0.0 3237 10.8 183 0.4 4606 4.6 43.6%16 16331 Gothard B 5.109 0 0.0 2500 8.3 183 0.4 2426 2.4 52.5%11 16331 Gothard C 8,297 0 0.0 0 0.0 1700 3.4 5645 5.6 20.5%9 16331 Gothard D 4;052 0 0.0 1181 3.9 1340 2.7 - 1531 1.5 62.2%8 7291 Heil -11,432 0 0.0 1158 3.9 6749 13.5 3525 3.5 69.2%21 148,306 18.3 159.6 50.4 71.1 299 Parking Spaces Built to Date = 481 111313C-parking allgcation XLS page 1 2/2112007 Huntington Beach Business Center - Parking Allocation Total Comm.Comm.Office Office Man. Man.Ware.Ware.%Park. Area Area Area Area Area Suite Alloc. Address SF)SF (SP (SF)SP)SF) SP SF SP Imp.SP) 16401 Gothard -5,980 0 0.0 3924 13.1' "183 0.4 1873 1.9 68.7%15 16371 Gothard A 2,617 0 0.0 727 2.4 471 0.9 1419 1.4 45.8%5 16371 Gothard B 3,510 2,946 14.7 160 0.5 183 0.4 221 0.2 93.7%16 16371 Gothard C 3,065 0 0.0 765 2.6 958 1.9 1342 1.3 56.2%6 16371 Gothard D 3,065 0 0.0 765 2.6 958 1.9 1342 1.3 56.2%6 16371 Gothard E 3,065 0 0.0 636 2.1 783 1.6 1646 1.6 '46.3%5 16371 Gothard F 3,065 0 0.0 898 3.0 255 0.5 1912 1.9 37.6%5 16371 Gothard G 3,065 0 0.0 816 2.7 921 1.8 1328 1.3 56.7%6 16371 Gothard H 3,065 710 3.6 745 2.5 0 0.0 1610 1.6 47.5%8 16321 Gothard A 3,065 0 0.0 1500 5.0 183 0.4 1482 1.5 54.9%7 16321 Gothard B 3,065 0 0.0 1767 5.9 481 1.0 817 0.8 73.3%8 16321 Gothard C 3,065 0 0.0 765 2.6 958 1.9 1342 1.3 56.2%6 16321 Gothard D 3,065 0 0.0 1500 5.0 183 0.4 1382 1.4 54.9%7 16321 Gothard E 3,065 0 0.0 1400 4.7 183 0.4 1482 1.5 51.6%7 16321 Gothard F 3.065 0 0.0 1050 3.5 537 1.1 1478 1.5 51.8%6 16321 Gothard G 3,065 0 0.0 765 2.6 958 1.9 1342 1.3 56.2%6 16321 Gothard H 3,065 0 0.0 765 2.6 958 1.9 1342 1.3 56.2%6 16291 Gothard -5,980 0 0.0 2093 7.0 421 0.8 3466 3.5 42.0%11 16421 Gothard A 7.843 0 0.0 3181 10.6 183 0.4 4479 4.5 42.9%15 16421 Gothard B 6,061 0 0.0 1689 5.6 183 0.4 4189 4.2 30.9%10 16421 Gothard C 9,168 0 0.0 2006 6.7 183 0.4 7162 7.2 23.9%14 16421 Gothard D 4,052 0 0.0 1400 4.7 183 0.4 2469 2.5 39.1%8 16351 Gothard A 7,590 0 0.0 4697 15.7 183 0.4 2710 2.7 64.3%19 16351 Gothard B 6,061 0 0.0 1735 5.8 183 0.4 4143 4.1 31.6%10 16351 Gothard C 5,898 0 0.0 700 2.3 4198 8.4 1000 1.0 83.0%12 16351 Gothard D 3,903 0 .0 1811 6.0 183 0.4 1909 1.9 51.1%8 16331 Gothard A 7.843 0 0.0 3237 10.8 183 0.4 4606 4.6 43.6%16 16331 Gothard B 5,109 0 0.0 2500 8.3 183 0.4 2426 2.4 52.5%11 16331 Gothard C 8,297 0 0.0 0 0.0 1700 3.4 5645 5.6 20.5%9 16331 Gothard D 4,052 0 0.0 1181 3.9 1340 2.7 1531 1.5 62.2%8 7291 Heil -11,432 0 0.0 5162 17.2 4614 9.2 1656 1.7 85.5%28 148,306 3,656 18.3 50,340 167.8 23,073 46.1 70,751 70.8 52.8%303 Parking Spaces Provided inside Phase I = 410 HBBC-1 a-Old.XLS page 1 3/15/2004 0 Huntington Beach Business Center - Parking Allocation Total Area Comm. Area Comm.Office Area Office Man. Area Man.Ware. Area Ware. % Suite Park. Alloc. Address Tenant (SF)SF)(SP)(SF)(SP)(SF)(SP)(SF)(SP) Im .(SP) 16401 Gothard -Far East Trading 5,980 0 0.0 3924 13.1 183 0.4 1873 1.9 68.7%15 16371 Gothard A Ventana Enterprises 2,617 0 0.0 727 2.4 47.t 0.9-1419 1.4 45.8%5 16371 Gothard B LSP Engineering 3,510 2,946 14.7 160 0.5 183 0.4 221 0.2 93.7%16 16371 Gothard C Specialty Vehicles 3,065 0 0.0 765 2.6 958 1.9 1342 1.3 56.2%6 16371 Gothard D Blackgold 3,065 0 0.0 765 2.6 958 1.9 1342 1.3 56.2%6 16371 Gothard E Vacant 3,065 0 0.0 0.0 0.0 0.0 0.0%0 16371 Gothard F Deep Blue Diving 3,065 0 0.0 898 3.0 255 0.5 1912 1.9 37.6%5 16371 Gothard G H & H Bearing 3,065 0 0.0 816 2.7 921 1.8 1328 1.3 56.7%6 16371 Gothard H Deep Blue Diving 3,065 710 3.6 745 2.5 0 0.0 1610 1.6 47.5%8 16321 Gothard A Vacant 3,065 0 0.0 0.0 183 0.4 0.0 6.0%0 16321 Gothard B Motor Life 3,065 0 0.0 1767 5.9 481 1.0 817 0.8 73.3%8 16321 Gothard C Paradise Beach 3,065 0 0.0.765 2.6 958 1.9 1342 1.3 56.2%6 16321 Gothard D Paradise Beach 3,065 0 0.0 1500 5.0 183 0.4 1382 1.4 54.9%7 16321 Gothard E Aviation Trading 3,065 0 0.0 1400 4.7 183 0.4 1482 1.5 51.6%7 16321 Gothard F Surface Mount Dist.3,065 0 0.0 1050 3.5 537 1.1 1478 1.5 51.8%6 16321 Gothard G Surface Mount Dist.3,065 0 0.0 765 2.6 958 1.9 1342 1.3 56.2%6 16321 Gothard H Surface Mount Dist.3,065 0 0.0 765 2.6 958 1.9 1342 1.3 56.2%6 16291 Gothard -C-Point 5,980 0 0.0 2093 7.0 421 0.8 3466 3.5 42.0%11 16421 Gothard A Spintek 7,843 0 0.0 3181 10.6 183 0.4 4479 4.5 42.9%15 16421 Gothard B Vacant 6,061 0 0.0 0.0 0.0 0.0 0.0%0 16421 Gothard C Video Tek 7,345 0 0.0 0 0.0 183 0.4 7162 7.2 2.5%8 16421 Gothard D Kaneko Enterprises 4,052 0 0.0 1400 4.7 183 0.4 2469 2.5 39.1%8 16351 Gothard A Vacant 7,90 0 0.0 0.0 0.0 0.0 0.0%0 16351 Gothard B Leisure Time 6,061 0 0.0 1735 5.8 183 0.4 4143 4.1 31.6%10 16351 Gothard C C-Point 5,898 0 0.0 700 2.3 4198 8.4 1000 1.0 83.0%12 16351 Gothard 0 Posnet Computers 3,903 0 0.0 1811 6.0 183 0.4 1909 1.9 51.1%8 16331 Gothard A Split 7,843 0 0.0 3237 10.8 183 0.4 4606 4.6 43.6%16 16331 Gothard B Halliday Sales 5,109 0 0.0 2500 8.3 183 0.4 2426 2.4 52.5%11 16331 Gothard C Split 8,297 0 0.0 0.0 1700 3.4 5645 5.6 20.5%9 16331 Gothard D Beacon Printers 4,052 0 0.0 1181 3.9 1340 2.7 1531 1.5 62.2%8 7291 Heil -Universal Flooring 11,432 0 0.0 1158 3.9 6749 13.5 3525 3.5 69.2%21 146,483 18.3 119.4 48.1 62.6 248 Parking Spaces Built to Date =481 Hbbc-2 page 1 4/24/96 ;z0yu t N k 0 M. WESTLAND CO. TENANT PARKING ALLOCATION TABLE March 20, 1989 Use Areas T `dress Suite Tenant' Comm. SF Office SF otal Man. SF Ware. SF SF PS 16401 Gothard- ", "' . Vaunt 3(aoo L41o0 /S' 16371 Gothard•' A NutritT.on Labs 727 471 1419 2617 5 16371 Gothard B K. Michael School 2946*160 183 221 3510 15 16371 Gothard C Realt Bookkee in 765 958 1342 3065 6 16371 Gothard D Rod s International 765 958 1342 3065 6 16371 Gothard 16371 Gothard E F Zi -Vac Vacant 636 783 1646 3065 5 • 16371 Gothard 16371 Gothard G H Terra Tech Labs Vacant 8 X69 21 195&13261-342-3065 6 16321 Gothard A Vacant B ADCOM 111(-1770 •8.59 6 06•16321 Gothard 16321 Gothard C Vacant ,48 6 -3 5 8 16321 Gothard D 16321 Gothard E Charter Ex ress Vacant 1500 183 1382 3065 7 16321 Gothard F Com uter Products Plus 1050 537 1478 3065 6 16321 Gothard G Fisher Mana ement 765 958 1342 3065 6 16321 Gothard H R.L. Wood 765 958 1342 3065 6 16291 Gothard Jackson Racin 2093 421 3466 5980 12 16421 Gothard A Vend ood 3017 275 4551 7843 15 5421 Gothard B Vacant ..6421 Gothard C Com uter Products Plus 183 7162 7345 8 16421 Gothard D Kaneko Enter rises 1400 183 2469 4052 8 16351 Gothard A Vacant 16351-Gothard B Com uter Products Plus 183 5878 6061 7 16351 Gothard C Com uter Products Plus 183 5715 5898 7 16351 Gothard 16331 Gothard D A P ro-Comm. Vacant 1811 183 1909 3903 9 16331 Gothard B Com uter Products Plus 183 5878 6061 7 16331 Gothard C Com uter Products Plus 1700 5645 7345 9 16331 Gothard D Nails Ma azine 1181 1340 1531 4052 8 7291 Heil Gor ie Manufacturin 1158 6749 3525 11432'21 Total SF By Use 2946 20328 19380 61030 103684 Parking Spaces Required By Use 14.0 67.8 38.8 61.0 181.6 Total Parking Spaces Allocated 182 Total Parking Spaces Provided 481 Total Square Feet in Phase I 146,483 Comm. = 1 space/200SF, Office = 1 space/300SF, Man. = 1 space/500SF, Ware. = 1 space/1000SF * - School GOTHARD-HEIL MI ED IT 1 E PLIC NT DDRESS BLDG SUITE 1--1 1o3 1 3 D FG 2091 TOT i --3 4 vJ V4 Comm 4 1no' - 1401 -- 5 Comm,4 Ind 40 4431 L AL TEtE1 OME Colo w OF,CAl,1'FO*N (A I Ds.M AipordW *11 to JLC $. )W=, - 8761 #f4 T t 'ItOME' COIPAIY OF CALli't?ltlt%Az o M 'OEFiCE BOXY 500 • BEACH 1, :CA .1 F. • ATTENTION., RIGHT -OF WAY 7 421 3 i 52.00 " C4 RECORDED' AT REQUEST OF 611111 fAt Tdtrtru( (OR IN U'FFIGIAL . ftrCO -DS OF ORANGE t,6UNTY, CALIF. 9:0514 1-Mi ' 4 a'' J. Mt, CARLYLE, Coin y'Recorder • • • ..' 4 , ••.••- a • •0 •4 X11•SPACE ABditE THJS I,FME.FOR RECaRgER'S -- - - ••9' ,. a' ... BRANt OF EASEMENT 1 . y JORN A. 'i 1WY JR. and NORMA 'L. 'JRDY •••••• •....' haPibir grint •,;_te-the a lE'RAL TELE PAOE COMPANY OF C#LIFQRNiA, a corporation. 'hereinafter referred to.as .••- ai TEE, it1,succ.ssors and #ssigns , in ease ment to construct, use, maintain , operate , attar , add to, r4 pair, rp iC , and/or road ve 'its facl itles , etiinsIst ing of polep , calif**, c oasar ms ,wires, anchors , guys , brace `tq rground 6oidvits ; i0n hc'lei ro*sd a0ourterances,for .the trans*i ssion of q'Ipictr4c eneigy for cowu ni es tlod' #rt 'othp purposOs •apein , ovel In, under, ;across , and along that certain real property situated in the ,County, of - ORA A - . State ` of Call forma ,, described as follows: '1 (2), atripa of ].,and each -text- (10) feet in width within, the .East otie-half of the °1?loath st o --quarter of Section -223, Town ship 5 South, ,Rang a t„iat, in the Rancho xe 'balsa Chico; in the' City' of Auhtington t3each, said Cgunty of Orango,'as per Map. -recorded in k 51, Page 13, of V4scel laneous )laps,, in the off`t a at the County : ecordet of said (ounty. =The' mesa ,Line of Strip No.1 is ies,,. ibed as Follow :• aginriing at a point ,in. -the `outhe 'iy litre of Lt 3 of' T act No. 4064, as per map"record.-. and ifl ` csk 14 , at re;es 3 and 31-,.isce1'lamaous Maur; in the office of the Couht7 a 1ecorder• of se;id tY distar e•-Soaith 990 ,Z5'20", Vest, 16 'feet .flrom the Southeyster1y • corner of Said Lot 3; -theiic16"5ou4,h 00 441'O5" ,st paraltlel with the Southerly ext ena1on , &` the - ,stexly 'lizie of said Lo- 3 •a dietrance o 1320.62 feet. ' -Q 'The'East IJne at Strip i+o. is described as follows:- • Balirxni ng .at a point, in 'the Southerly line, af, Lo t, I. 'of - said' rac't. No. 4064 distant North 2 ast-40 feet, from. •.h'SouthVesterly terndr of' said- Lot 44; thence south 0° • =444'.00" Fast parallel with the '56utherly e;rte'Ysi.on of the lester,y line of 'said Lot 4 a ` d.ist aM e' of 1321.52 feet, THE 9RAM'1EE, its suCcesaors and 'ass in ns 'And 'the 1 r -reaaect iya'agents ,and e"Irlyses , sha11 have illf right •gf •inf1r ess to and,egresi .fro. said-ears' ' spo .very , *art thereof ,'at all tfaes, for the pvrpojis of axercisinq the rlghti h4rein drarittd and'sball have the right to trln or tqp treot•and/or such other growth as sur•Rndanger or ,1aterfere ' -jth,the use"of said easement. Such •righis'shall be reaaonahly u.i- cssed -and the 4rp"nt'st 'shaH be 11ible for any damage negl jgent tX done by It to the above described oros grt-y.• -Ihd ,,etsevted this agreement thi • I'1--•. day ofIII Utt E31 it1fEREOf,, the•Ar ntot a r $TATL,of C&tifOtRlA '• • 'GERBER'Off -this day of before ins;' .a'lotsry Puri. is in.,sad' for paid Ccrnty one $tat s, eatrsotial l y' appear.d hn A g'' k -4 ,4e to b the srbscribi4 to the within Instrument, and sckrwpl sd to 'se t Mat ....L hs .,eicrcvted the same. r ,. IN VM S$ W KIEOf,, ( have hereunto set -,thlp cdrtfficdts 'fifat.dbdv e written. wy hand ,and afflx ,sd my official $oar the May and year Ire 0 o airy - C. rl Y r • f f ' • r ftQUUT*D 19Y . FFiC1at.• ,;. ANCtf ,4i. !ltDOMt4ti0 MAIL Wool Book 'lkt>:WAY l3EPAICTri1 • rod BEACK C4di. 41- o.,t ox nt .6433 SOUTHERN CALIF. EDt5Qf : ORDER'.. V06 0-0 PACE AHOV9 THIS LINE' FOR REGQIlpli •tat`•••. - 'r#RANT'OF' EASbMENT ••• (INDIVIDUAL). •TH 'GRAN.1`E3RI...,.,IO A t.MURDY;+. .x.arid .;'FOBHA:.L: MORIlY,...hustbancl...4nd tf'e ` here ant ::..' t o S(OU' H 12 ti CfA'LIFORN IA ED1SO C k.) NI PAN V, a corporgtian, ate saccess ;gals' , of easenient and f ig1T ofs w iy. to construct, .lay, install, use, maintain; alter, add to, teliair, { in or'-rerabve, at ltny t 'r'ine and from 'time 'to time, aayri l and underground •eleciric lines atascipqni tflaait lines , consistin of poles , Fuys and anchors, crossarms, wires, cahles, conduits, mapholes ptgli. itarkers and.ot iec f tures and.-appliances.•for conseyink eiertric energy tope used for lig pot ;'.telephone acid/orj er-related:uses, in, on, •ov.er, utden..ancl thr,: h that certain real 'propert 1 +114,t174.:..:-,County of........., Orange State of 'Ca+ •••• • i • rs anti eplice, d com- 'vaults. liea':it, .iri t he it*( rsiia.:. ; I`d si ` iY folio vs t, .^ -• 'r.,'tit.;e. tr .j -'i to rter ' Ses;on 23 5 Soutly e : 11 West'Townshi n in -the' R ho Lo,p ,g ,:an as hicirt s pet's :tmip.r corded in Book •51, page k3 of Miscel -1aneouA Maps in• the cr ''aDiarmtcT off of the :Reccr er id Cou t '•n y;• I .c tea v tite r y lirte o .atop -one being described. as follows. ,6033.58 Beg . nit . at ad poin ' in• the .southerly: 1 ne'' of Lot 3 in. Tract 4064, as:: per a • p - rte...!-' aCoir .d .in Book 142',: paltge.s, 36 And 37 of Miscellaneous ?taps in the off ce of s id ine f rod' Mae •+:s tole ;Southeast cornea af said L,ot 3, a distance of 10 feet.;' thence S. qn• 44 . 05" E., 43/89 1.32 .6 feet ; to the! centerline • of Heil Avenue , as s.hiown on said map 'or Tract 4064'., The easterly line o:f strip t^wo, be4ng described as' follows: . Brag nn pg .at 'a poi nt - in" the.'- squtherly-- line of Lot 4 in said .Trac't' 406 , distant 9°25' 20 " Be, 40 feet! medsu ;;ed along said southerly fine of -Lot 4, from he'SouthT-' pot corner . of.sa id;'Lot-4;thence S. •00° '44' 00" E., 1320•.52 feet to the' cen erline of- G 11iSRBFRf , any ppi 'tion of said ,;8 trips, lying within said Heil Av'en e ,As' 'now its such sscits.:inrf.assagns,'arid its and their respects, c •ii rartor;, •s};eir1 - Mid. CI p?uyecs, shall vethe tight to trith or top such uch:'hoes and. to•cut .such roots.as nta' end riger or i•Fttertere with. aid elec- trie:-1 nes andjor commutlrc ation lutes and shall have. free dccess`fo said electric linesan (j cumrnurtica fort lines and' rye' artthereb'f; all times, for the purpose of eCerclsin the right; herein 1,=r need provid d, ho«- 'said property of the C;rant,tr(s), the t,rlntee here n shad. take theever, tihaf in making arlj< txaravatiox, Qn '''.,,r:rl arounil such eca tinn, andto the surface a thesltnt •in siut:h a manner'as will 'c use the least tnjury <hall replace t e earth 50 cmo4ed'by it-and restore the surface e)f thr ;.r •u.''t'r Is near''lie sarxtec,) (litionI' s=prioi to.such excaFafion as is pbssibl'e.t Wa• . W'ITN.FS Vl'itt+:Rl';0F, tAta S;rant„r .' 'ha..Y.(j,•'ee, .'e ' t}) 5 .-,'r:amen tlti. •*' f' Rats rdetr, •Naid point being S. 89° 251 20'' W., measured along said southerly. sl iial:l1''Avenue:s; `.t a'r) 1tilfP t ! 1 ,r:4tli Tr•'G • • 'John. A. ?tu , ,Jr,, ...L .'1 17C1 Norma L. Murdy• : - ' BETTY l.''aLA K _ } .COUNTY OF_':.e 1 Srt.± .. y.•...- ...i ppear .•';perso"l kaown to. we to the person wh•o.. ns me i"s Aubscribed to the within Instrument, as a -Witness . t reto;who. by die duly sworn, ind says: '1'bat.......i'G.:_...:.resides l.. ........... aiid" liat...lrt4` ....rai pr aaa '.uw....al .,..1..` aer.,.. ........w.....C • •\::a•AS i MR.t .Csi• th a P TARY N'BUC s C ; i:R>MIA' P;:FNCIPAL OFFICE Ni NU'' ! ORANGE COIL .v. !.. 1 . ;... _...,..., 'before the. undersigned , a 'tiotary fie , to apd, or aytid tmty and per ily known to.. A to be the same >ftirson.. described in -and whose namey ._i ,,._.s!bed to the within and ' atone lEnstrnmetrt as -_Psrtittt..:.:,_.thereto , -execute and deliver the same , tend... ':..• :ackno lodged to d fSant 'that %JC 4 ei.ented the as," and .that said affr9nt. subscribed ..i!........ name thereto as a.Witness A01. NESS •niy .band and of iciat sett . (Seal) ;, .. . N fury Pub ' ice and late /..M _ MINdon •;V itu Nov.. ..' • RECORDiNO 1tsOUuTED BY JaMA L ORDUM7 Southern Ca//foinle Edlaon Company •..... .. • • 8T. WHEN RECORDED MALI. TO RECOADCD IN Orr'.CIAL RECORDS Southern Ca//fornla Edlaon Company SCE REAL PROPERTIES OEPIIRTP NT P. 0. Box 2217 $7.00 FULLERTOi1, CALIFORNIA 92533 02 GRANT OF EASEIt NT CITY OF HUhTINGTON BEACH (Individual) OF O93eNf1 COUti:Y r/.t.iFORNIA "lao PM JAN-6'87 Real Properties JIU:iv 07/02/45Department . *see rOYed Rr D re •0Ap .... .... .... J , . .. M. WESTLANO COi NY, a California general partnership, (hereinafter referred to as "Grantor"), hereby grants to SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, its successors and assigns (hereinafter referred to as 'Grantee'), an easement and right of way to construct, use, maintain, operate, alter, add to, repair, replace, reconstruct, inspect and remove at any time and from time to time underground electrical supply systems and communication system (hereinafter referred to as "systems"), consisting of wires, underground conduits, cables, vaults, manholes, handholes, and Including above-ground enclosures, markers and concrete pads and other appurtenant fixtures and equipment necessary or useful for distributinr•t electrical energy and for transmitting intelligence by electrical means. In, on, over, under, across and along that certain real property in the County of ORANGE, State of California, described as follows: ,i All of Parcel Flap Number 83-563 as shown an a map filed in Book ?Gz , pages ,.Z ,and /3 Office of the County Recorder of said County, excepting therefrom Parcels I through 11 inclusive. EXCEPTING THEREFROM any buildings which may presently exist or are now under construction. goI, It is understood and agreed that the location in which said systems are constructed shall be the permanent (o location of said system for the uses and purposes of this easement. Grantor agrees for himself, his heirs and assig u, not to erect, place or maintain, nor to permit the erection, placetaent or maintenance of any building, planter boxes, earth fill or other structures except walls and fences on the above described real pro perty. The Grantee, and its contractors agents and, employees, shall have the right to trim or cut tree roots as may endanger or interfere with said systems c and shall have free access to said systesms and every part thereof, at all times, for the purpose of n exercising the rights herein granted; provided, however, that in making any excavation on said property of the Grantor, the Grantee shall make the same in such manner as will cause the least injury to the surface = of the ground around such excavation, and shall replace the earth so rem. ved by it and restore the surface o of the ground to as near the same condition as it was prior to such excavation as is practicable. ' o EXECUTED this T day of VtlrF3F . , 19, t PACE ADOVE THIS LINE FOR RECORDER 'S USE • WORM c "DUR IDRRYIYV MAP slit 0000 • • • •6533-2513 -2517 43-89 • • •.• . M. WESTLAHO , a Ca ifornia general partne hip C' . 1 r`N I- WITNESS GRANTOR STATE OF CALIFORNIA ) COUNTY OF ss. JOM U PIERCE NOTARY f'u$ ORA.( GGl,1fV MY OMB. EXP. OCT. 13,1!40 On I :3 -7 ,- , before me, a Notary Public in and for said State, personally appeared , known to the (or pro ved to me on the basis of satisfacto ry evidence) to be one of the partners of the partnership that executed the within instrue nt, and acknowledged to me that such partnership executed the sarno. WITNESS401hand and off cial seal. II-Is Maw 1111* I ,o i n the n0 • • • ... n0 a S 0 ... ....... . ... . . .. ..r PARTNERSHIP ACKNOWLEDGMENT rat.-25 ........................... .. ............................................................................... • State of California County of 1% ----------- 0"JCUA em x ORJIDE COU RY . EXP. OCT. 13,1WO On this the ay of I9 before me. the undersigned Notary Public. personally appeared& q I+er . . 04% tl a r,.0oro+bYM fl1e+rJadWay .14'a J1 personally known to me proved to me on the basis of satisfactory evidence to be the person (s)who executed the within instrument on behalf of the partnership . and acknowledged to me that the partnership executed it. WITNESS my hand and offi 'a) seal. A4i. Nota ry's Sig urc ...... NNH.e......N ........ Ne...O ........1 N N..................1.............. ..........N N N...... N .... ..........•i 0 9Z-X22332 RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA 2:00 P.M.JAN 1 4 1992 2.S `,.14,,,..,bRecorder •.•. . • •.••. . ...... • . . •....... •i • Titus $ • @$ •G.,• -1 L) - • I Add. $ Utel•Nt $ ,0 mw •0 49557 hrtneradp - Underground RECORDING REQUESTED BY GENERAL TELEPHONE COMPANY OF CALIFORNIA When Recorded Mail to C. A.BRIL RC 3771 V20 GENERAL TELEPHONE COMPANY OF CALIFORNIA 6774 Westminster Avenue Westminster, CA 92683-3788 No Consideration and Value Less Than $100.00. No Documentary Transfer TO Due - By: RDE-19 Total Rae. Feet D.T.T. $ PCOR $ SMF $ Chi Other $ Ii rya r -4 General Telephone Company of California Right of Way Agent GRANT OF EASEMENT THE GRANTOR,M. WESTLAND COMPANY , a part nershij hereby grant s to the GENERAL TELEPHONE COMPANY OF CALIFORNIA , a corporation, bereinaftc referred to as GRANTEE , its successors and assigns, an easement to construct , use, maintain , operate , alter, ad to, repair, replace , and remove its facilities , consisting of underground conduits , manholes, pedestals , cable: wires, and appurtenances for the transmission of electric energy for communication and other purposes over, it under , across, and along that certain real property situated in the County of ORANGE State of California , described as fo llows :City of H u i)L i n g L o a l e a c h Parcel Map No. 83-563, as per plats thereof filed in Book , at Pages and of Parcel Maps , in the office of the County Recorder of said County of Orange. Excepting any portions of said easement on which any building presently exists, is presently planned or is hereafter constructed prior to the installation of the utility facilities. THE GRANTEE, by the acceptance of this instrument, agrees that in the event the Grantee's facilities located on the foregoing described easement shall not be used for a period of one (1) year, then the rights hereby granted shall terminat upon written notice to that effect, given by the Grantor to the Grantee, and upo such termination the Grantee agrees to seal or cap and abandon in place such facilities (in full compliance with all applicable laws and ordinances.,) at its own expense. THE GRANTEE , its successors and assigns and their respective agents and employees , shall have-the right of ingress to and egress from said easement and every part thereof , at all times, for the purpose of exeretsing the rights herein granted and shall have the right to remove 4.0u ,li growth at may endanger or intt r(etc witH W9 i1 of said easement . Such rights shall be reasonably exercised and the Grantee shall be liabl'e.•for any.' damage negligently done by it to the above described property. •• • • •_ • • • IN WITNESS WHEREOF, the Grantor__ha_„_,, executed this agreement this •' •' slay oftfV,I9A.r •. , a Notary Public - and for said County and state, WITNESS my hand and official seal. C "-r I. a?:•L it__' 1i UUo1,'Y r.::LIC . c;' •C•-••,1 C . "?s CCL';;TY 6.I C- V-:tl. 4 19556 Grantors: By U 11J P er 00 *0 Partner goo* • •••.• STATE OF CALIFORNIA ) COUNTY OF ) ss. On thi day of I9.& before me personally appe d :'c. -&---- known to me to be the partner of the pa nership that executed the within instrument , and acknowledged to me that such partnership executed the same. (ABOVE AREA FOR OFFICIAL NOTARIAL SEAL) R/w W,p, !881-819 S l t r. PLANT W.O.#881-611221 M. WESTLAND COMPANY Partnership By Signature r r'1 Yd'+'41tuM1GOTI1ARDa.c M /Of NY7qa{{w7m-µt.,hRY4d wtMIAV ut t l7oa'-,.4 Y.wrrr. o ai.I - w•`MI1TT AGOLDENWEST STREETEeL/YIM sat .4 a %t .sS T %4MJwr .4_ .1 YM•I.Y qMpMa„ /RMF Y4T l,.YV 4 1s T.4 NviF.IOYtCC Y.fit.N,b.Mir.. 1p14 LI t.:*t M rdKYLY OiA1G.6>.us++ra» 1,y Yvt it I.N.1 w/r A,I *.fl 4N.* r euuAaa e1 Ml4O 5..,rr...ans nleca en •A...NM1P . atm4,N,K.N M W[17Imou eaainrtwdr•TODNSTREETFirst American Title Insurance CompanyTNID MAP 18 FOR IHFOINAATtONONLY Alin13 NOTAPART OFTV88 MILE EVIDEI4CE viaIIgoIII•IJrFirst American Title-fnsrrrnnce Company1195 MAP I9 FOR INFOAMAIION ONLY AND IS NOT A PART OPTRIS 7iTLE ENDENCE0A0•••••••••••••••i•••••••••••• •• • ••.• • ••0 I EXHIBIT A TO CONSENT TO REMOVAL OF PERSONAL:::": PROPERTY AFFIXED TO REAL PROPERTY-:--: 0000 11 .. . . . .00 . . .. .. The West half of the Southeast quarter of the Northwest quarter of Section 25, 'FaVnship ..... 5 South, Range 11 West, in the Rancho La Bolsa Chica, City of Huntingl6n Beach,''' • County of Orange, State of California, shown on a map recorded in Book 51, Page 13 cA5:::• Miscellaneous Maps, records of said Orange County. EXCEPTING THEREFROM the interest, in that portion of said land, conveyed to the City of Huntington Beach by deed recorded April 3, 1963 in Book 6493, Page 894, Official Records. ALSO EXCEPTING THEREFROM any portion thereof included within Tract No. 4064, as shown on a map recorded in Book 142, Pages 36 and 37 of Miscellaneous Maps, records of said Orange County. ALSO EXCEPTING THEREFROM 50% of a 100% of all minerals, gas, oil, petroleum, naphtha and other hydrocarbon substances in, under or that may be produced or recovered from that portion of said land below a depth of 500 feet from its surface, with and including in each exception and reservation for the benefit of those entitled thereto, the right at any and all times to enter upon and into any and all parts of the portion of said land below, such depth of 500 feet from its surface, for the purpose of exploring and drilling for, mining, developing, removing and extracting any and all such substances, by slant or directional drilling or other operations from other land, entering into and penetrating the land, the subject herein, only below such depth of 500 feet from its surface, but with (and there shall be) no right under such exception and reservation, of entry upon or use of the surface, or subsurface to a depth of 500 feet below the surface, as reserved by Dorothy Thayer Peck, Charles H. Thatcher and Title Insurance and Trust Company, a corporation, all as Trustee of the trust under written declaration thereof by Carrie A. Peck, dated December 18, 1936, as to an undivided 25% of said 100% interest and by Dorothy T. Peck, a widow, in her individual capacity, as to an undivided 25% of said 100% interest. I 45 8-BravoLegalDescription l .doc I 0 0A-.24482 RECORDING REQUESTED B Michael Pet o (Eng near or Surveyor) VUEN RECORDED MAIL TO: Ti. PETYO & ASSOC. ,' INC. 17982 Sk Park Cir., Ste.C Calif. 92714 Sheet I of 2 • •... 000000 .09-0-. OFFICIAi• • • - - -OP.y • • 0412 . Sgw, 6mopm **0009 0000• • 000000,* SPACE ABOVE TOTS LINE FOR RECORDER' U • TRACT OR PARCEL MAP CERTIFICATE OF CORRECTION CITY OF Huntinqton Beach COUNTY OF ORANGE STATE OF CALIFORNIA The folloving corrections or additions are hereby made to P.M. @83-563 filed in Book 202 , Page(s) 12 & 13 of Parcel Ma s in the office o t e Recorder of Orange County: The lengths of those certain courses delineating Parcel 7 shown as: 1.) N. 00 44' 02 " W., 147.00 feet 2.) N. 00 44' 02" W., 48.83 feet are hereby corrected as follows: 1.) N. 00 44' 02" W., 149.00 feet 2.) N. 00 44' 02" W., 50.83 feet A. TRACTS OR PARCEL MAPS S En ineer's/Surve or's Certificate I hereby certify that I prepared this Certificate of Correction or it vas prepared under my direction su , 19 o and the changes shove eon as provided for in Section 66469 of the Subdivision Map Act. Datee0 this 11 day of Sept.,19 Print Name lichael Pe o R.C.E. or L.S. No. S 4316 Registration Expires Sheet 2 of 2 Cit En sneer's Certificate I hereby certify that I have esemtsod this Certificate of Correctios•W .fhe only changes made are those spi forth in Section 66469 of the Subdir afan;Hap Act. 2fi day ofDated this j_ _ •• ••.•• 199D.00 • . ••.. • ••••Print Name RobertE. $iehb1ntt R.C.E. No. City of Hunt' ton Registration Expires 3 ..en Susie, M{CHAR- 0 Coun Serve or's Certificate T s Cert icate o Correct on is o/i• 16 accep table for reco tion this l`LS. 43 day of 179M)R&NOJA1-s63o/John Canes F CON*"'County Surveyor Listed belov are the present fee ovners of property affected by the correction or addition. M. WESTLAND CO_, a California General Partnership C.4LM#"', • I I I I I ! 1'iL'HJL• VulYli'LL'1C 1tL1 LLU'UL<Mh11ULN. RECORDING REQUESTED BY: BANK OF AMERICA NT_& SA AND WHEN RECORDED MAIL TO: Bank of America NT & SA Commercial Loan Service Center 1592 333 S. Beaudry Ave. 11th Floor Los Angeles, CA 90017 • •• 7TS SPACE FOR RECORDER'S USLb ONAY • • . • Consent to Removal Recorded in the County of {1gOrange, Californiader L. 1IlIlUl 1i11111111/ dor 1111011111111f1 ....19910319160 09:48am 07I 7M91 005 14009516 14 12 000000 C34 5 7.00 12.00 0.00 0.00.000.0 .00•••.•• 11 11 of Personal Property Affixed to•Reel Propervby (Please fill in document title(s) on the this line) fZ 5P THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) 6/94 Rcc.I oun #R2S Submitted for Recordatlon By and Return to W Bank of America National Trust and Savings Association Office: Commercial Loan Service Center - Southern California #01592 Address: 333 S. Beaudry Ave. 11th Floor Los Angeles, CA 90017 . . .• .00 •• •.•..• • • • ... •• Space Above This Una for Recorder's Use 0 • •. • *' " • •.•. .... Consent to Removal of Personal Property Affixed to Real Property WHEREAS, the undersigned has an interest either as owner, lessor, mortgage holder, trust deed holder or seller under a conditional contract of sale in the real property situated at 16421 Gothard Street, #B, Huntington Beach, County of Orange, State of California. legally described as: f SEE EXHIBIT "A" ATTACHED. which real property is hereinafter called "the Real Property"; WHEREAS, Bravo Corporation, hereinafter called "Debtor," in order to Induce Bank of America National Trust and Savings Association, hereinafter called "Secured Party," to extend credit or financial accommodations to it, has or will execute a Security Agreement granting to Secured Party a security interest in and to the following described collateral: All inventory now owned or hereafter acquired. which collateral is hereinafter called "the Personal Property"; and WHEREAS, the Secured Party as a condition to extending credit or financial accommodations to Debtor requires the undersigned's consent to the removal of the Personal Property. NOW, THEREFORE, for a good and sufficient consideration, receipt of which is hereby acknowledged, and to induce Secured Party to extend credit or financial accommodations to Debtor, the undersigned agrees with the Secured Party as follows: 1. The Personal Property shall be deemed to be personal property and shall not be considered a part of the Real Property, regardless of whether or by what means it is or may become attached or affixed to the Real Property. 2. The undersigned has not and will not claim any interest In the Personal Property which is superior to that of Secured Party, and the undersigned hereby subordinates its interest in the Personal Property to the security interests which Secured Party now has or may hereafter acquire therein. 3. The undersigned consents to the Secured Party, its agents , employees and invitees entering upon the Real Property for the purpose of exercising any right Secured Party may have under the terms of any security agreement with Debtor or otherwise, and to remove the Personal Property. 4. In the event of a default by Debtor under its present or future agreements with Secured Party, and provided Secured Party is authorized to do so under its agreements with Debtor or has obtained Debtor's consent, the undersigned consents to Secured Party's entering upon the Real Property to do any or all of the following with respect to the Personal Property, without causing damage to the Premises: assemble, have appraised, display, operate, maintain, remove, repair, prepare for public or private sale, exhibit, and sell. In the event Secured Party exercises its rights under this paragraph, it will provide the undersigned with advance telephonic notice thereof and shall use its best efforts to schedule such entrance at a time that is mutually acceptable to Secured Party and the undersigned so that the undersigned, at Its option, may arrange to have its representative present during such entrance. Such notice shall be to (714) 894-3896 or such other phone number that the undersigned requests In writing. 5. In the event that Debtor fails to make any payment of rent to the undersigned , the undersigned shall notify Secured Party , and Secured Party shall have the right and license , at its discretion , to occupy the Real Property for the TPL-331 F(5187) - 3- 012389-10061 purposes described In Paragraph 4 above, for a period of up to ninety (90) days. Secured Party shall, In that event, pay the undersigned, periodically, a daily license fee equivalent to one-thirtieth (1/30th) of the mininxrra'monthly rental provided for in the lease agreement between the undersigned and Debtor, until Secured Party vaaa,es the Real Property. Secured Party shall have seven (7) days from the time it receives notice from the undersigned to decide to exercise its right and license to occupy the Real Property. • ' 6. Should the undersigned for any reason terminate or refuse the right of the Debtor to locjfa;t? 3'ersor.p Prgperty on the Real Property, the undersigned shall give to Secured Party not less than sixty (60)9days dtivancQwtir gn notice....of the termination or refusal to renew. • •. . . . . This agreement shall be Interpreted under the laws of the State of California, and shall inure to the benefit.of'and be binding upon the successors , heirs and assigns of the undersigned and Secured Party....... .. . onthe un rsi ned has executed this agreement at.?DLL X . .' /17 t heAIIN W1 NESS WHEREOF, day of 1997.. .•.... M. Westland Company, a California General Partnership X By: William Lee Miller, ral X By: Marilyn Louise Damm, General Partner X By: Walter James Mill , General Partner X By: Norma Jeane Callahan, General Partner X By: Katherine Anne Susdorf, General Partner e 1 .. -- B : Dorothy W. er-daokeen, General artner ihl e-w JOMVKXBIE C1.1. i dJI # 11N-Cd V 012389-10061TPL-331 F(5/87) - 3- State of California County of On All , before me, personally appeared } } CC i l "Ie` --5'- 81c .. • . . • e-5 4, Vt 114ir-, personally known to me ( ) to be the peMpjqj.whose gjrrg(s))tfare subscribed to the within instrument and acknowledged to me that-he they executed the sat%%1%his/heritf=fir aetfionzedcapacity(les), and that by #Mer /their signature (s) on the instrument the person (s), or the entity upon behalf o which the person(s) acted, executed the instrument. . . . ••.. WITNESS my hand and official seal. Signature JOYCE VtOf,>:11E cpnawipn 01132 Nolety/1 10-Ca.JIJ cawcou" TPL-331 F(5187) - 3- 012389-10061 0 '017- SHEET I OF 2 SHEETS II PARCELS 18.645 ACRES BLOCK 5746 ,MODULE 07 MAP N 83-563 IN THE CITY OF HUNTINGTO!\! BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA. BEING A SUBDIVISION OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 23 , TOWNSHIP 5 SOUTH, RANGE 11 WEST, IN THE RANCHO LA BOLSA CHICA CITY OF IIUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA SHOWN ON A MAP. RECORDED IN BOOK 51, PAGE 13 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY. MICHAEL PETYO L.S. 4316 DATE OF SURVEY : APRIL 1983 OWNERSHIP CERTIFICATE WE THE UNDERSIGNED, BEING ALL PARTIES HAVING ANY RECORD TITLE INTELREST IN THE LAND COVERED BY THIS MAP, DO HEREBY CONSENT TO THE PREPARATION AND RECORDATION OF SAID MAP, AS SHOWN WITHIN THE DISTINCTIVE BORDER LINE. WE HEREBY RELEASE AND RELINQUISH TO THE CITY OF HUNTINGTON BEACH: 1. ALL VEHICULAR ACCESS RIGHTS TO GOTHARD B HEIL EXCEPT AT LOCATIONS APPROVED BY THE PLANNING COMMISSION. M. WESTLAND COMPANY, A CALIFORNIA GENERAL PARTNERSHIP. O EE MILER A GENERAL PARTNER. STATE OF CALIFORNIA )oyCOUNTY OF ORANGE 1) ON THIS IS°LDAY OF e L ,198', BEFORE ME, e M, z. .,.- , A NOTARY PU L C N AND FOR SAID STATE , PERSONALLY APPEARED Lc ' n_ ,PERSONALLY KNOWN TOME OR PROVED TO ME ONTHE BASIS OF SATISFACTORY EVIDENCE TO BE ONE OF THE PARTNERS OF M. WESTLAND COMPANY THE PARTNERSHIP THAT EXECUTED THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT SUCH PARTNERSHIP EXECUTED THE SAME . MY COMMISSION EXPIRES: WITNESS MY HAND AND OFFICIAL SEAL NOTARY PUBLIC N AND FOR SAID STATE re ^cA,VLCAa t I IalERIIOVnI r, J$ •CUIfORUA (U215E COUNF(Les IMN 4. I9% ` 311 SEA{7 rl l cnot 1 GRER 1 ` yr tr Lt•e:Panhl 19!6 Jt- ACCEPTED AND FILED AT THE REQUEST OF -cn 171,c DATE //b Z ZS TIME I:'5 .).FEE SQD INSTRUMENT 453_5____ BOOK rt2C .-L_ 'PAGE ' 1) LEE A. BRANCH COUN1 CLERK-RECORDER BY 'G DEPUTY SURVEYOR'S CERTIFICATE THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPONA FIELD SURVEY IN CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCES AT THE REQUEST OF LEE MILLER ON MARCH 17 1984 I HEREBY CERTIFY THAT ALL MONUMENTS ARE T CHARACTER AND OCCUPY THE POSITIONS INDICATED,OR THAT THEY WILLBE SET IN SUCH POSITIONS ON OR BEFORE AUGUST 1980 ;AND THAT SAID MONUMENTS ARE SUFFICIENT TO ENABLE THE SURVEY TO SE RETRACED. I HEREBY STATE THAT THIS PARCEL MAP SUBSTANTIALLY CONFORMS TO THE APPROVED OR CONDITIONALLY APPROVED TENTATIVE MAP,IF ANY . MICHAEL PETYO L.S. 4316 COUNTY SURVEYOR'S CERTIFICATE THIS MAP CONFORMS WITH THE MAPPING PROVISIONS OF THE SUBDIVISIONMAP ACT AND I AM SATISFIED SAID MAP IS TECHNICALLY CORRECT RELATIVE TO THE PARCEL MAP BOLWPA, y DATED THIS 20-'h DAY OF Li fie, 11988. C.R. NELSON BY: -L/ a -0 COUNTY SURVEYOR DEPUTY CITY ENGINEER'S CERTIFICATE THIS MAP CONFORMS WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCES AND THE MAP IS TECHNICALLY CORRECT IN ALL RESPECTS NOT CERTIFIED TO BY THE COUNTY SURVEYOR. LESTER G. EVANS RCE 20924 CITY ENGINEER OF THE CITY OFHUNTINGTON BEACH ,CITY CLERK 'S CERTIFICATE (STATE OF CALIFORNIA )a4 (COUNTY OF ORANGE ) I HEREBY CERTIFY THAT THIS MAP WAS PRESUMED FCi APPROVAL TO THECITY COUNCIL OF THE CITY Cr- HIJtlTIHGTOrl PEACH AT A REGULAR t1EETINO THEIECF HELD Oil THE 6 % DAY OF r n ,I985,AHD THAT THEREUPON SAID COUNCIL DID , BY AN ORDER CU NY PASSED AND ENTERED APPROVE SAID MAP AND DID ACCEPT ON BEHALF OF THE CITY OF HUNTINGTON BEACH : THE VEHICULAR ACCESS RIGHTS TO GOTHARD ANDHEIL AS RELEASED AND RELINQUISHED AND DIb ALSO APPROVE SUBJECT MAP PURSUANT TO THE PROVISIONS OF SECTION 66436 (C)(I)OF THE SUBDIVISION MAP ACT. DATED THIS 7W, DAY OF Ak9 41S't 919 8S . ALICIA M. WENTWORTH BY: CITY CLERK OF HUNTINGTON BEACH DEP TY SIGNATURE OF OMMISSION NOTES: PURSUANT TO THE PROVISIONS OF SECTION 66436 (C)OF THE SUBDIVISION MAPACT, THE FOLLOWING SIGNATURES HAVE BEEN OMITTED: 1. DOROTHY THAYER PECH,ET. AL. HOLDER OF OIL RIGHTS,BY DEED RECORDEDIN BOOR 4907, PAGE 389,OFFICIAL RECORDS. 0 S 2.CITY OF HUNTINGTON BEACH HOLDER OF EASMENT RECORDED IN BOOK 6596, PAG 17 AND IN BOOK 8462, 727 * RECORDS FOR 3.GEN AL6 TELEPHONPEOSCOtVIPANY POF CALIFORNIA OFFICIAL A CORPORATION HOLDERTOF AND EASEMENT TO CONSTRUCT USE MAINTAIN ETC. lit FACILITIES, CONSISTING OF POLES,CABLES,ANCHORS ETC. FOR TAE TRANSMISSION OF ELECTRIC ENERGY FOR COMMUN-ICATION AND OTHER PURPOSES RECORDED IN BOOK 7433,PAGE 972 AND IN BOOK 7504,PAGE 498 OFFICIAL RECORDS. 4. SOUTHERN CALIFORNIA EDISON COMPANY ,A CORPORATION HOLDER OF EASEMENTTO CONSTRUCT,LAY, MAINTAIN ETC. AERIAL AND UNDERGROUND ELECTRIC LINES AND COMMUNICATION LINES CONSISTING OF POLES GUYS ANCHORS ETC. FOR CONVEYING ELECTRIC ENERG`I RECORDED IN BOOK 76I23,PAGk 927, OFFICIAL RECORDS. IMPROVEMENT CERTIFICATE PURSUANT TO THE PROVISIONS OF 66411.1 OF THE SUBDIVISION MAP ACT,NOTICE IS HEREBY GIVEN THAT STREET IMPROVEMENTS SHALL BE CONSTRUCTED PRIOR TO FRAMING INSPECTION. NOTE PURSUANT TO SECTION 66426 (C) OF THE SUBDIVISION MAP ACT THIS MAP IS EXCLUDED FROM BEING DEFINED AS A FINAL MAP IN THAT THE LAND IS ZONED COMMERCIAL OR INDUSTRIAL. 0 Arabe, Jill From : FARHAD REZAI [coastengr@verizon.net] Sent: Monday, September 21, 2009 2:19 PM To: Arabe, Jill Subject: Re: LOt Line Adjustment 2009-205 Jill, Based on the "Legal Description Exhibit "A" " as was submitted, the area is 27,632 Sq. Ft. = 0.634 Ac. Farhad Rezai Coast Engineering Civil & Structural Engineers 10231 Slater Ave., Suite 201 Fountain Valley, CA. 92708 Tel. (714) 593-0337 ----- Original Message ----- From: Arabe, Jill To: FARHAD REZAI Sent : Monday, September 21, 2009 2:11 PM Subject: RE: LOt Line Adjustment 2009-205 Page 1 of 2 Could you provide the square footage of Parcel A? I need to compare it to the previous parcel's approved size and ensure that the parcel is not increasing in size. JWJAvwvArc be' Assistant Planner City of Huntington Beach (P) 714.374.5357 From: FARHAD REZAI [mailto:coastengr@verizon.net] Sent: Monday, September 21, 2009 10:31 AM To: Arabe, Jill Subject : Re: LOt Line Adjustment 2009-205 Jill, As far as I know no permit has been pulled for any work. Thanks for your quick response. Farhad Rezai Coast Engineering Civil & Structural Engineers 10231 Slater Ave., Suite 201 Fountain Valley, CA. 92708 Tel. (714) 593-0337 Original Message ---- From: Arabe, Jill 9/21/2009 • To: FARHAD REZAI Sent: Monday, September 21, 2009 10:24 AM Subject: RE: LOt Line Adjustment 2009-205 Farhad - Page 2 of 2 I am still checking compliance of the plans to current code. A previous LLA was filed in 03, so I need to verify that everything previously reviewed is consistent. The previous planner working on the project told me that the floor area ratio (FAR) of the parcels will retain non- conforming; however, in order to maintain the existing FAR after the LLA, the mezzanine in one of the buildings is to be removed. Have building permits been pulled for the demolition work? J,LLAwwAra,Ue, Assistant Planner City of Huntington Beach (P) 714.374.5357 From: FARHAD REZAI [mailto:coastengr@verizon.net] Sent: Monday, September 21, 2009 8:48 AM To: Arabe, Jill Subject : LOt Line Adjustment 2009-205 Hello Jill, Could please give me an update on the status of the application processing when you have a chance? Thanks Farhad Rezai Coast Engineering Civil & Structural Engineers 10231 Slater Ave., Suite 201 Fountain Valley, CA. 92708 Tel. (714) 593-0337 9/21/2009