HomeMy WebLinkAbout2005-04-28 - Easement MANSION PROPERTIES, INC. 1
RECORDING REQUESTED BY AND Recorded in Official Records, Orange County
WHEN RECORDED RETURN TO: Tom Daly, Clerk-Recorder
City' Clerk 1111111111111I11111 Ell 1111I 1111111111111111111111111111111111111111 NO FEE j
CITY OF HUNTINGTON BEACH 200500072912910:30am 09115105
2000 Main Street 116 91 E01 A04 7
Huntington Beach, CA 92648 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Exempt Recording Per Government
Code Sections 6103 and 27383
Space Above This Line For Recorder's Use
Ap,V_���_p� _o EASEMENT AGREEMENT
, .
This Easement Agreement (the "Agreement") is entered into as of
2005, by and between Mansion Properties, Inc., a California corporation (the "Grantor"), V
and the City of Huntington Beach, a municipal corporation of the State of California (the
"Grantee"), who agree as.follows:
1. Recitals. This Agreement is made with reference to the following facts and
circumstances:
(a) The Grantor is the owner of certain real property situated in the City of
Huntington Beach, County of Orange, California (the "Easement Property"), and more
particularly described on Exhibit "A" and as depicted on Exhibit "B", both attached to
this Agreement and incorporated by this reference.
(b). The Easement Property is subject to Development Agreement No. 90-1,
recorded November 14, 1990, as Document No. 90-599766 in the Official Records of
Orange County, California (the "Development Agreement").
(c) Pursuant to the Development Agreement, the Grantor is obligated to
dedicate the Easement Property to the Grantee.
(d) ' The Grantee has determined that the Easement Property should be
conveyed to the Grantee through the grant of an easement, and the Grantor, for good and
valuable consideration, the receipt and sufficiency of which is acknowledged, has agreed
to and is willing to grant that easement to the Grantee, all as more particularly set forth in
this Agreement.
2. Grant of Easement. The Grantor grants to the Grantee, for the benefit of the
Grantee and its successors, assigns, licensees, permittees and invitees, an irrevocable,
perpetual and exclusive easement in, over, upon, and across the Easement Property for
the purpose of using the Easement Property for public recreation purposes, including,
without limitation, as a public park, and maintaining thereon all facilities and
improvements necessary for such purposes. The easement granted in this Section 2 is in
gross.
3. Limitations on Grant. The Grantee acknowledges the terms and provisions of the
Environmental Indemnification Agreement (the "Environmental Agreement"), dated as
of October 21, 2002,by and between PLC,a California General partnership and Chevron
Land and Development Company ("CL&D") and acknowledges that pursuant to the
Environmental Agreement certain investigatory, remedial and monitoring activities will .
be ongoing concerning the environmental condition of the Easement Property, all as more
particularly described in the Environmental Agreement. The Grantee understands and
agrees that the easement granted under this Agreement and the Grantee's rights with
respect to that easement are subject to the terms and provisions of.the Environmental
Agreement.
4. Additional Rights. Subject to the provisions of Section 3, the easement granted
in this Agreement includes the grant of all rights incidental or reasonably necessary to the
Grantee's complete use and enjoyment of the easement, including, without limitation: the
right of access, ingress and egress to and from the Easement Property; the right to alter or
modify the Easement Property;the right to penetrate the surface of the Easement
Property and to make excavations and fills and to change the grade of the Easement
Property, including, without limitation, the right of the Grantee to use any clean fill
placed over the contamination barrier that is installed by CL&D (as defined in:Section 3.
of this Agreement) so long as there is no physical intrusion into the barrier by.Grantee,
Grantee's representatives or any other party, and the right to install, construct and
reconstruct on the Easement Property, and the right to remove from the Easement
Property all such improvements, fixtures, equipment and other property as the Grantee
from time to time deems appropriate in its sole discretion.
5. Other Provisions. This Agreement is to be construed and enforced in
accordance with the internal laws of the State of California, without regard to principles,
of conflicts of law. Venue for any disputes regarding this Agreement shall be Orange
County, California. No term or provision of this Agreement can be amended or waived
orally or by a course of conduct, but only by an instrument in writing executed by the
duly authorized representatives of the parties. This Agreement is binding upon and
inures to the benefit of the,successors and assigns of the parties.
The parties have executed this Agreement as of the date first set forth above.
Mansion Properties, Inc., City of Huntington Beach,
ed.
a California corporation a municipal corporation of the`.State of -
Califo ;
By: By: -
Its: U 1 c-e.-(J t e, LA or
-
B .
Its: V'i c t Presrd-cK f
City Clerk
APPROVED AS TO FORM
JENNIFER McORATH,City Attorney
.� 7/ —6
By Paul D'Ah"anclro
Assistant City Attorney
CERTIFICATE OF ACCEPTANCE
Thi's is to certify that the interest in real property conveyed by the Easement Agreement,
dated as of April 2 8 , 2005, by Mansion Properties, Inc., to the City of
Huntington Beach, a municipal corporation, is hereby accepted by the undersigned
.officer on behalf of the City of Huntington Beach pursuant to authority conferred.by
Resolution.Np. 3 53 7" of the City of Huntington Beach, adopted by the City
Council of said,City on August 7 , 1972 and the grantee consents to the
recordation thereof by its duly authorized officer.
S
Dated: �'�tAraber 12, , 2005
CITY OF HUNTINGTON B H
By:
City Clerk
STATE OF CALIFORNIA )
)SS.
COUNTY OF. Orinrie ) `
On this 2e'd y of April, 2005, before me, the undersigned, a Notary Public in and for
said State, personally appeared .i�a r� )ul� ,� -5
personally known `to me to be the
persons) whose name(*) Ware subscribed to the within instrument and acknowledged to
me that he/s- they executed the same in his/hedtheir authorized capacity(ics), and that
by his/herlxhe4r signatures(4 on the instrument the person(, or the entity upon behalf of
which the person(s) acted, executed the instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official"seal the
day and year in this certificate first above written.
Notary Public in and for said State FW I
Commissioonn*141418850
Notary MAC-California
orange County
I&MY Comm Expires Jun 16,2007
STATE OF CALIFORNIA )
) SS.
COUNTY,OF,"o
On this I/Vday of4*2005, before me, the undersigned, a Notary Public in and for
said State, personally appeared c$ f ,
personally known to me or proved to me on the basis f atisfactory evidence to be the
person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies), and that
�by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and ye r in this certificate first above written.
C.H.WHITENECK
Notary Public in and for said State Commissions 1327666 Z
z Notary Public-California y
w Z Contra Costa County
N My Carom.Fires Nov 7,2005
�f
{y-
STATE OF CALIFORNIA )
)SS.
COUNTY OF. 0'-e'qA)6€ )
On this Z3f day of 1, 2005, before me, the undersigned, a Notary Public in and for
said State, personally appeared 11,460Y 11-,-U4) 004n0 L• /G-yiJAJ ,
_„P,-Cl111At� 1LttAwn }p ypP nY proved to me on the basis of satisfactory evidence to be the
persono whose name s�i-s are subscribed to the within instrument and acknowledged to
me that lcd�ie ey xecuted the same in hirdher ei authorized capacit ies and that.
by.-h t ei ignatures soon the instrument the person , or the entity upon behalf of
which the person acted,executed the instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day a e in this certificate first above written.
P 6PAM
Notary Public jK and for Yd State Conwnb*m#1599179
16.
y c-cairomb
orangeCounty
y Comm.Expires Aug 4.20091
STATE OF CALIFORNIA )
) SS.
COUNTY OF.,—
On this day of April 2005, before me, the undersigned, a Notary Public in and for
said State,personally appeared ,
personally known to me or proved to me on the basis of satisfactory evidence to be the
person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies), and that
by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal.the
day and year in this certificate first above written.
Notary Public in and for said State
AdIlk
EXHIBIT"A„
LEGAL DESCRIPTION FOR
PROMENADE NEIGHBORHOOD PARK SITE
EASEMENT AREA
BEING A PORTION OF LOT 103 OF TRACT NO. 16490, IN THE CITY OF HUNTINGTON BEACH,
COUNTY OF ORANGE, STATE OF CALIFORNIA AS SHOWN ON THE MAP FILED IN BOOK 859,
PAGES 1 THROUGH 7 INCLUSIVE, OF MISCELLANEOUS MAPS, RECORDS . OF ORANGE
COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE WESTERLY LINE OF SAID LOT 103, SAID POINT BEING
SOUTH.41°05'09" WEST 179.52 FEET FROM THE NORTHWESTERLY CORNER OF SAID LOT
? 103; THENCE SOUTH 76°18'54" EAST 203.18 FEET; THENCE SOUTH 45010'34" EAST 88.44;
THENCE SOUTH 00014'20" WEST 116.13 TO A NON-TANGENT CURVE CONCAVE WESTERLY
HAVING A RADIUS OF 74.00 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 60005'28"
EAST; THENCE SOUTHERLY ALONG SAID CURVE, 14.44 FEET THROUGH A CENTRAL ANGLE
OF 1.1010'37" TO A POINT ON THE EASTERLY LINE OF SAID LOT 103, A. RADIAL LINE TO
SAID POINT BEARS SOUTH 48°5451" BAST; THENCE ALONG SAID EASTERLY LINE, SOUTl-1
41005.709", . WEST 96.31 FEET TO THE BEGINNING OF A TANGENT CURVE; CONCAVE
NORTHERLY HAVING A RADIUS OF 651.00 FEET; THENCE SOUTHWESTERLY ALONG SAID
CURVE; 117.38 FEET THROUGH A CENTRAL ANGLE OF 10019'51", A,RADIAL LINE TO SAID
POINT BEARS SOUTH 38035'00" EAST; THENCE NORTH 58058'07" WEST 215.69 FEET; THENCE
NORTH 00011'01" WEST 186.58' FEET TO SAID WESTERLY LINE; THENCE ALONG SAID
WESTERLY LINE,.NORTH.41-°05'09"EAST 1.24.-93,FEET-TO-T .POI -T OF--BEGINNING.-----
AS SHOWN ON'EXHIBIT "B"ATTACHED HERETO AND MADE A PART THEREOF.
CONTAINS: 98,065 SQ. FT. =2.251 ACRES.
a
0
No. 7914
Exp. 12-31-05
. qlF OF C A`\����
ksSOCIATES
DEN & LEGAL DESCRIPTION
FOR PROMENADE NEIGHBORHOOD PARK
SITE
Civil Engineers—Land Surveyors - Planners EASEMENT AREA
2552 White Road, Suite B
Irvine, CA 92614-6236 W.O. No. 1295-396-001 Date: 06/21/05
949-660�-0110 Fax: 949-660-0418 Engr. B.J.W. Chk. J.W. Sheet 1 of 1
a
EXHIBIT .B.
PROMENADE PARKWA Y o N
Lo u- '( -
5 485451" E 31G.98'
0
-r rr-i rA(c r 1\1 J 1 J 4 J J � � 5GALE: 1"=80'
ae
JAIL 1\1L 8 05 D 1- l 5 45'10'34" E' 't �
88.44' LLJ
POINT OF 5 60-p5?a—
G4 /
'Q BEGINNING 29' ' 29'
5 48 54 51" E Rl/"
o Ln � — AI- LA
EA 5EMENT AREA �55��� ALLEN�SI��,G .
Z 2.251 AGRES
s No. 7914
Exp._12=3'1=05
41
opt v o- OF C k \�
538 35 0 p=
58'55'07
0< LINE TABLE .
J r 1 J v n LINE LENGTH BEARING
`v L1 96.31' 5 41'05'09" W
�i -r1-1 A(7 JN a, J 64 J J ov L2 51.25' s 61'00'00" W
/y�0.43D4p JV] J\/L sJJ/J / N — CURVE TABLE
2 W 304. CURVE LENGTH RADIUS DELTA
ram' G l ��JJ, v 01 45.55'- 29.00' 90 DO'00"
J 02 317.38' 651.00' 10'19 51
G3 108.89' '651.00' 0935'00"
04 14.44' 74.00' 11'10'37"
ks DEN & EXHIBIT "B�
SOCIATES 5KETG11 TO AGGOMPANY LEGAL DE5GRIPTION
FOR PROMENADE NEIGHBORHOOD PARK 51 TE
CIVIL ENGINEERS-LAND SURVEYORS-PLANNERS
EA 5EMENT AREA
.2552 WHITE ROAD,SUITE B•IRVINE,CA 92614-6236 W.O. No. 1295-396-001 Date OG121105
(949)660-01 I0 FAX:660-0418 Engr.. D J.W Chk'd J.W. Sheet 1 Of 1