HomeMy WebLinkAbout2004-11-27 - Grant Huntington Center Associates LLC This Documenj&s electronically recorded by
Chico o Title Commercial
RECORDING REQUESTED BY Recorded in Official Records, Orange County
-
Tom� I'�+ ®1i�PA1VY Tom Daly,Clerk-Recorder
REQUEST DOCUMENT TO BE � � NO FEE
RECORDED AND TO BE EXEMPT
FROM-RECORDING FEES 2005000414924�01:56pm 05/31/05
PER GOVERNMENT CODE §§ 6.103 AND 2'1 1 G02 10
o0 0.00 0.00 0.00 0.00 0.00 0.00 0.00
AND WHEN RECORDED MAIL TO:
City of Huntington Beach
2000 Main Street
Post Office Box 190 +a
Huntington Beach, CA 92648
�- Attention: Director of Economic Development
.
' Space above this line for Recorder's use
Documentary Transfer Tax is $ 0.00.
This conveyance is exempt since Grantee is an exempt agency under R&T 11922
GRANT DEED
(CFD No. 2003-1 - HUNTINGTON CENTER PARKING PARCEL)
THIS GRANT DEED (CFD No. 2003-1 - Huntington Center Parking Parcel) (this
"Deed"), is made this 29 day of Nt-It"d, 2004 by HUNTINGTON CENTER
ASSOCIATES, LLC, a Delaware limited liability company("Developer") in favor of CITY OF
HUNTINGTON BEACH, CALIFORNIA, a California charter city("City"), with reference to
the following facts:
A. Pursuant to the Mello-Roos Community Facilities Act of 1982, as amended,
Chapter 2.5 (commencing with Section 53311), Part 1,'Division 2, Title 5 of the Government
Code of the State of California, the City on January 6, 2003,adopted a Resolution of Intention to .
form a community facilities district over and including the Retail Parcel designated "City of
Huntington Beach Community Facilities District No. 2003-1 (Huntington Center)":(the
"District") and a resolution of intention to issue bonds of the District for the purpose of
providing through the sale of bonds proceeds in an amount not to exceed $30,000,000 for the
financing (the "CFD Financing") of the design, construction and acquisition of certain public
facilities, including a six-level parking structure on the Parking.Structure Parcel consisting of
2.41 acres and containing.approximately 1,532 automobile parking spaces (the "Public.Parking
Structure") to be owned by City and available for parking use.by the public;
(b) Pursuant to that certain Funding and Construction.Agreement Relating to City of
Huntington Beach Community Facilities District No. 2003-1 (Huntington Center) dated as of
650610.01/LA
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March 1, 2004, between City and Developer, Developer agreed to convey and the City agreed,
subject.to the terms and condition therein contained, to accept fee interest in that certain parcel of
real property located in the City of Huntington Beach, County of Orange,.State of California,
more particularly described on Exhibit "A",attached hereto (the "Property"), on which.the
Public Parking Structure is to be constructed;
(c) Concurrently herewith, Developer and the City have executed, acknowledged and
caused to be recorded in the Official Records of Orange County, California(the "Official
Records") that certain Parking and Reciprocal Easement Agreement'and Option to Purchase
dated as of March 1, 2004 (the "PREA"), covering the Property and the "Retail Parcel" (as
defined therein), which is contiguous to the Property on all sides;
NOW THEREFORE, for good and valuable consideration_;the'receipt-and sufficiency of
which are hereby acknowledged:
1. Grant of Property._ Developer hereby GRANTS and conveys to the City a fee
simple estate in and to the Property.
2.. Grants Subject to All Matters of Record. The grant contained in this Deed is
subject to all matters of record, including without limitation the PREA, and all easements,
covenants, conditions and restrictions described in any of the foregoing as benefiting and/or
burdening the Property or any portion thereof and to all other matters visible by an inspection or
survey of land.
3. The conveyance of the Property is subject to the following covenants,.conditions
and restrictions which shall be binding upon City and its heirs, personal representatives;
successors and assigns and all persons claiming under or through'City:
3.1 - There shall be no unlawful discrimination, harassment or allowance of
harassment against or segregation,of a person or of a group of persons on account of race, color;
religion; creed, national origin, ancestry,physical handicap or disability(including HIV.or
AIDS), medical condition(cancer), mental disability, age (over 40), marital status, domestic
partner status, sex or sexual orientation or disability, family and medical care leave or denial of
pregnancy disability leave in the transfer, use, occupancy,-tenure or enjoyment of the property
herein conveyed or the construction, alteration, maintenance,repair, management or operation of "
the improvements thereon; nor shall the grantee/assignee establish or permit any such practice or
practices of discrimination or segregation with reference to the selection, location, number,use
or occupancy of owners,lessees, sub-owners, sublessees or vendees in the property herein
conveyed. The foregoing covenant shall run with the land.
t .
3.2 All deeds, assignments and subagreements or contracts made or entered
into by any owner, its successors or assigns, as to any portion of the Property, shall,contain
therein the following language:
(a) In Deeds and Assignments. "Grantee/Assignee herein covenants
. by and for itself, its heirs, personal representatives;successors and assigns and,all persons
claiming under or through grantee/assignee that there shall be no unlawful discrimination,
harassment or allowance of harassment against or segregation of a person or of a group of
650610.01/LA -
-H4564-002/12-10-04/mjk/dg -2-
persons on account of race, color, religion, creed, national origin,ancestry, physical
handicap or disability(including HIV and AIDS), medical condition (cancer), mental
disability, age (over 40), marital status, domestic partner status, sex or sexual orientation
or disability, family and medical care leave or denial of pregnancy disability leave in the
transfer, use, occupancy, tenure or enjoyment of the property herein conveyed or the
construction, alteration, maintenance;repair, management or operation of the
improvements thereon; nor shall the grantee/assignee or any person claiming under or
through the grantee establish or permit any such practice or practices of discrimination or
segregation with reference to the-selection, location, number, use or occupancy of
owners, lessees, sub-owners, sublessees or vendees in the property herein conveyed. The
foregoing covenant shall run with the land."
(b) In Leases. "The Lessee herein covenants by and for the Lessee and
Lessee's heirs, personal representatives, successors and assigns and all persons claiming
under or through Lessee that there shall be no unlawful discrimination, harassment or
allowance of harassment against or segregation of a person or of a group of persons on
account of race, color, religion, creed, national origin, ancestry, physical handicap or
disability(including HIV or AIDS), medical condition (cancer), mental disability, age
(over 40), marital status, domestic partner status, sex or sexual orientation or disability,
family and medical care leave or denial of pregnancy disability leave in the transfer, use,
occupancy, tenure or enjoyment of the ]and or improvements herein leased or the
construction, alteration, maintenance, repair, management or operation of the
improvements thereon; nor shall the Lessee or any person claiming under or through the
Lessee establish or permit any such practice or practices of discrimination or segregation
with reference to the selection, location, number, use or occupancy of owners, lessees,
sub-owners, sublessees or.vendees in the property herein conveyed. The foregoing
covenant shall run with the land."
4. Notwithstanding anything to the contrary contained herein, so long as City and
any successor or assignee of City is a governmental agency and has adopted its own
nondiscrimination policy then City's (or its successors' or assigns') compliance with such
nondiscrimination policy shall be deemed to comply with the foregoing covenants contained in
Section 3 above.
[SIGNATURES APPEAR ON FOLLOWING PAGE]
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H45 64-002/12-10-04/mj Udg -3-
i
IN WITNESS WHEREOF, Developer has executed this Deed as of the day and year first
written above.
"Developer" HUNTINGTON CENTER ASSOCIATES, L.L.C.,
a Delaware limited liability company
By: Huntington Management Ent., LLC,
a Delaware limited liability company,
its Manager
By: BMLF/Huntington, LLC,
a Delaware limited liability
coma , its anager -
y.
— ' yan Ezralow, Trustee of
the Bryan Ezralow 1994
Trust, its Manager
650610.01/LA
H4564-002/6-10-04/rnjk/rp -4'
CERTIFICATE OF ACCEPTANCE
GOVERNMENT CODE SECTION 27281
This is to certify acceptance of the Property conveyed by the foregoing Grant Deed (CFD
No. 2003-1 -Huntington Center Parking Parcel) ("Deed") from HUNTINGTON,CENTER
ASSOCIATES, LLC, a Delaware limited liability company("Developer") to the CITY OF
HUNTINGTON BEACH, CALIFORNIA, a California charter city("City") and consent by City
to recordation of this Deed by its duly authorized officer, pursuant to the Funding Agreement, a
duly authorized obligation of the City.
Dated this Z day of. _ 61c QL,-2004, at Huntington Beach, California.
"City" CITY OF HUNT GTON BEACH
ATTEST:
Cit Jerk=
REVIEWED AND APPROVED: . APPROVED AS TO FORM:
City AdAinistrator f-'City Attorney h III
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65061 0.01/LA
H4564-002/12-10-04/mjk/dg -5-
State of California )
A )
County ofN eJ )
On /' 7� � before me, �c����. i f2 , �'��fa i' , personally appeared
personally known to me (r ad o & tha haci2 „f R2iicfar to be the
person whose named 1s are subscribed to the Within instrument and acknowledged to me that
4teC tl&y executed the same in er)th-@�r authorized capacity(ios), and that by eAcif
signature(s) on the instrument the personj�g'), or the entity upon behalf of which the personfe)
acted, executed the instrument.
WITNESS my hand and official seal.
. lERril L KING ��4 , '' � �• __..
Commbdon#1440M -
Notary hA)W-CaMtONO., Notary Pub is
orangeccur*
Wcorr".60"Oet iz
State of California )
County of &gz'6C� )
On %��v� 7f1�"� before me, !Ei-yl/t'/ tfo', A/d?'fe is Akj rsonally appeared
personally known to me ( ) to be the
person((whose name is afe subscribed to the within instrument and acknowledged to me that
she 13ey executed the same in er tl+@�r authorized capacity(i@&), and that by his e t#@4
signature]s•) on the instrument the person, or the entity upon behalf of which the persop<
acted, executed the instrument.
WITNESS my hand and official seal.
TER
LL L KItVCs J '
Commmon#1440M
NotaryPubNc-Catomlo NotaryP'blic
Orange County
i0- 1MVC0M-B4*w0ct12,20D7F
6506)0.01/LA
• H4564-002/12-10-04/mjk/dg -6
State of California )
County of )
On A Jik 6e-K ?fJ, before me,/ n4 ss N� �,l , personally appeared
Q ,
personally known to me ( to be the
personW whose nameis/ subscribed to the within instrument and acknowledged to me that
he/44/tl<, executed the same in his/hgVtlV-�T authorized capacity(,i*), and that by his/lerftlaw
signature(.4on the instrument the person(., or the entity upon behalf of which the person*
acted, executed the instrument.
WITNESS my hand and official seal.
JUAN CARLOS HERNANDEZ *7
Commission# 1380176
Notary Public-Californio D N Public
e Los Angeles County .
My Comm.ExpiresOct 15 W6
State of California )
County of )
On before me, ,personally appeared
personally known tome (or proved tome on the basis of satisfactory evidence) to be the
person(s) whose name(s) is/are subscribed,to the within instrument and acknowledged tome that .
he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
Notary Public j
i
i
650610.01/LA
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EXHIBIT "A"
(Attach legal description of Parking Parcel)
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650610.01ILA
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{
LD 1018 SHEET 1 OF 2
02-100 EXHIBIT "A7
LEGAL DESCRIPTION FOR
BELLA TERRA PARKING STRUCTURE
THE LAND BEING . REFERRED TO HEREIN IS SITUATED IN THE CITY OF
HUNTINGTON,BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA.
PARCEL«A„ .
BEING A PORTION OF PARCELS 2 AND 6 AS SHOWN IN PARCEL MAP NO. 86-200,
RECORDED IN BOOK 255, PAGES 40 THROUGH 45 INCLUSIVE OF PARCEL MAPS
IN THE OFFICE OF THE COUNTY-RECORDER OF SAID COUNTY OF ORANGE,
SAID PORTION OF LAND ALSO SHOWN AS PARCEL 11 OF APPROVED
TENTATIVE PARCEL MAP NO. 2003-163 DATED MARCH 5, 2004, DESCRIBED AS
FOLLOWS:'
BEGINNING AT THE EASTERLY TERMINUS OF THE NORTH LINE OF SAID
PARCEL 2, SHOWN AS "NORTH 89029'30" WEST 763.76 FEET" ON SAID PARCEL
MAP NO. 86-200, SAID POINT ALSO BEING ALONG THE SOUTHERLY LINE OF THE
SOUTHERN CALIFORNIA EDISON RIGHT OF WAY (150.00 FEET IN WIDTH) PER
GRANT DEED RECORDED DECEMBER 18, 1958 IN BOOK 4519, PAGE 491 OF
OFFICIAL RECORDS; THENCE ALONG SAID LINE NORTH 89032'06" WEST
(N89°29'30"W) A DISTANCE OF 67.51 FEET TO THE TRUE POINT OF,BEGINNING;
THENCE DEPARTING SAID LINE SOUTH 00027'54" WEST (SO0030'30"W) A
DISTANCE OF 334.58 FEET; THENCE NORTH 89032'06" WEST (N89029'30"W) A
DISTANCE OF 135.12 FEET; THENCE' SOUTH 70029'40" WEST (S70032'16"W)'A
DISTANCE OF 4.39 FEET; THENCE NORTH 89032'06" WEST (N89029'30"W) .A
DISTANCE OF 3.00 FEET; THENCE NORTH 00027'54 EAST (N00030'30"E) A
DISTANCE OF 126.75 FEET; THENCE NORTH 89032'06" WEST (N89029'30"W) A
DISTANCE OF 274.25 FEET; THENCE NORTH 00027'54" EAST (N00030'301,E) A
DISTANCE OF 209.33 FEET TO ABOVE MENTIONED NORTH .LINE; THENCE
EASTERLY ALONG SAID LINE SOUTH 89032'06" EAST (S89029'30''E) A DISTANCE
OF 416.50 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING AN AREA OF 2.41 ACRES MORE OR LESS.
BASIS OF BEARINGS USED FOR THIS LEGAL DESCRIPTION IS BASED ON THE
BEARING BETWEEN O.C.S. HORIZONTAL CONTROL STATION GPS NO. 5110 AND
STATION G.P.S. NO. 5112, BEING NORTH 89032'06" WEST PER RECORDS ON FILE
IN THE OFFICE OF THE COUNTY SURVEYOR. BEARINGS IN PARENTHESIS ARE
BASED ON PARCEL MAP No. 86-200.
SEE EXHIBIT "B" SHEET 2 OF 2 ATTACHED HERETO AND BY THIS REFERENCE j
MADE A PART THEREOF.
LpN i
GHRtSTOPHER
W DANIELS
CH OPHER W. DANIELS i
No m
OF CAUL
Amik
--_.....,� _ • � � s � � � � SHEET 2 OF 2
LD 1018 — --
02-100 CENTER DRIVE
_2' _LN89'29'30"W) N89'32'06'W 534.08' _
SOUTHERN CALIFORNIA EDISON RIGHT OF WAY
BK. 3159,
PG 483 O.R. o BK. 4519,
LO
S'LY LINE OF THE N'LY 150" OF THE SOUTH 1/2W67.51'
PG 491 O.R.
OF THE SOUTHEAST 1/4 OF SECTION 14
_ rBK. 3675, PG. 63 O:R. b
(N89-29-30-W) N89'32'06"W (763.76')
416.50'
PARCEL-'A' T P�OB- : - .. .
r7
of �.
2.41 AC
.
tom. `�' PARKING STRUCTURE
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LO
LO
Z PROPOSED PARCEL 11
=" PER T.P.M. NO. 2003-163
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(N89'29'30"W)
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N89'32'06"W 274.25' >� «j,
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PROPOSED PARCEL 2 Z (N89'29'30"W)
PER T.P M. NO. 2003-i 63 N89'32'06'W
135.12'
L2 - r. . r%,,r-1 .,
SURVEY NOTES: %��"'6
( ) DENOTES BEARINGS BASED ON P.M. PROPOSED PARCEL 10
86-200, P.M.B. 255/40-45 PER T.P.M. NO. 2003-163
COURSE TABLE BASIS OF BEARINGS:
BASED ON BASIS OF- EARINGS1 BASED ON P.M. 86-200 BEARINGS SHOWN ARE BASED ON THE BEARING
LINE BEARING LENGTH BETWEEN O.C.S. HORIZONTAL CONTROL STATION
L1 N89'32'06"W 3.00' N89'29'30"W GPS NO. 5110 AND STATION GPS NO. 5112
L2 N70'29'40'E 4.39' N70'32'16"E BEING NORTH 89'32'06" WEST
DATE: 11-29-04
Engineers/Planners/Surveyors EXHIBIT "B"
11 1920 MAIN STREET,SUITE M,IRVINE,CA 92614
® TEL(949)48"777 FAX(949)48"779 SKETCH TO ACCOMPANY LEGAL DESCRIPTION
245 E.WARM SPRINGS ROAD,SUITE 100,LAS VEGAS.NV 89119
SCALE: 1" - 80'. ❑ TEL(702)868-6604 FAX(702)8686605 FOR PARKING STRUCTURE
BELLA TERRA MALL, HUNTINGTON BEACH, CA.