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HomeMy WebLinkAbout2005-09-13 - Easement CHEVRON LAND AND DEVELOPMENT COMPANY O\) Recorded in Official Records, Orange County RECORDING REQUESTED BY Tom1 Daly, Clerk-Recorder AND WHEN RECORDED RETURN1111111111fl 1111111111111111111111111111111111111111Np SEE To: 200500072913010,30am 09/15/05 City Clerk 116 91 M10 7 CITY OF HUNTINGTON BEACH 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 I 2000 Main Street Huntington Beach, CA 92648 1 Exempt Recording Per Government Code Sections 6103 and 27383 Space Above This Line For Recorders Use �L L C 4 3 j Aej�� ar AN-Ili-074-0� MEMORANDUM OF ENVIRONMENTAL r� INDEMNIFICATION AGREEMENT THIS MEMORANDUM OF ENVIRONMENTAL INDEMNIFICATION AGREEMENT (the "Memorandum") is made as of \ 56DP7�M6e- - /3 , 2006'by and between CHEVRON LAND AND DEVELOPMENT COMPANY, a Delaware corporation ("CL&D"), PLC, a California general partnership, and the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California ("City"). 1. CL&D, PLC and City have entered into that certain Environmental Indemnification Agreement dated as of October 21, 2002 (the "Agreement") pursuant to which, among other things, Mansion Properties, Inc., a California corporation ("Mansion") has agreed to convey to City fee title to certain real property which is described in the Agreement, and Mansion has also agreed to grant City an easement respecting the real property located in the City of Huntington Beach, County of Orange, State of California, described in.Exhibit "A" attached hereto and incorporated herein by this reference (the real property described on Exhibit "A"being referred to herein as the "Easement Property"), all as more particularly provided in the Agreement. 2. The Agreement further provides that City may at any time require that the Easement Property, or any parts thereof, be conveyed to City by grant deed(s) without payment of any consideration by and at no cost to City. 3. The purpose of this Memorandum is to give notice of the existence of the Agreement and of the rights of City referred to in paragraph 2 above. To the extent that any f provision of this Memorandum conflicts with any provision of the Agreement, the Agreement shall control. 4. This Memorandum may be executed in counterparts, each- of which shall be deemed an original, but all of which, together shall constitute one and the same instrument. i LA#102858 v4 F-I I The parties have executed this Memorandum as of the date first set forth above. PLC, a California general partnership By: PLC Holdings, a California general partnership, its general partner By:PIl Management, LLC, a Delaware limited liability company, its general partner By:PLC Bel-Air Holdings, Inc., a California corporation, its sole member By: Name: Z N4 A(D Title: By: Name: ' 1ct.111=i1__ D``t�?W r,)OfJ Title: �( C'�l)94EE—f� By: T/L Huntington Beach LLC, a Delaware limited liability company, its general partner By:Lennar Land Partners 11, a Florida general partnership, its managing member By:Landsource Communties Development LLC, a Delaware limited liability company, its managing member By. Lennar Homqof California, Inc., a California corporation, its managing er By: I Name: Title: By: Title: Vt c e-_ f LA#102858 v4 F-2 CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California By:/r By: City Clerk CHEVRON LAND AND DEVELOPMENT COMPANY a California corporation By: (Print Name) ITS: circle one) Chairman/President/ Vice President By: (P • t Name) TTS:(circle one) Secretary hief Financial Officer ssistant Secretary I LA#102858 v4 F-3 I I STATE OF CALIFORNIA ) )SS. COUNTY OF OYUn(Ae, ) On this 1 C> day of N0UVSA , 20015 before me, the undersigned, a Notary Public in and for said State, personally appeared Z\yad n n Cybannon, personally known to me or proved to me on the basis of satisfactory evidence to be the persono whose name") subscribed to the within instrument and acknowledged to me that CeW�executed the same inei>s rei-r authorized capacity(ieo, and that by is k-rf�signatures on the instrument the personfi6, 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 and year in this certificate first above written. C.NEWEL! Commission#r 1556715 .� Notary PubllC-California Notary Public in and for said State orange county - My Comm.E)q*es Mar 4.2 STATE OF CALIFORNIA ) )SS. COUNTY OF On this Sa` day of Amau g}' , 2005, before me, the undersigned, a Notary Public in and for said State, personally appeared TOnat a�Jage aid ba.0 4 W-a ,personally known to me&PVfe-, d to be the personO whose nam s ' are i subscribed to the within instrument and acknowledged to me that the xecuted the same in their authorized capacit ies and that b ei signatureo on the instrument the persoros or the entity upon behalf of which the perso (s acted, executed the instrument. i IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. DEE BAKER Commissbn#r 1478169 Notary Pubbc-CaN omic ,cut AcdijA) orange County Notary Public in and for said State My Comm.E'q*es Apr 19.2006 Low + LA#I02858 v4 F-4 STATE OF CALIFORNIA ) )SS. COUNTY OF Ora, 6 e. ) On this _Z day of 4u u 5 , 200Sbefore me, the undersigned, a Notary Public in and for said State,'.personally appeared .fan N v1s -,rici 11P i i)Av 06 1) ►viet h , personally known to me oFj*e*Gl-ta isf"r�-e ide-nce to be the personUss whose name..is/are subscribed to the within instrument and acknowledged to me that hG414e/they executed the same in his,4wr/their authorized capacity ies), and that by hhi&41-.r/their signatures on the instrument the person(s), 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 and year in this certificate first above written. FLO NIERMANN Commission#1418850 Notary Public-California amy Orange County Notary Public in and for said State Comm.Expires Jun 16,2W7 STATE OF CALIFORNIA ) )SS. COUNTY OF � �� ) On this/3 7#day of �1 6eiC. , 20045'before me, the undersigned, a Notary Public in and for said State, personally appeared �,�"/[� 4��/ JA)Ub L • �LYIUAJ �nrennallc )rnn.,,n + proved to me on the basis of satisfactory evidence to be the persone whose names i-R/ re subscribed to the within instrument and acknowledged to me that sl3e t ey executed l� the same ink their authorized capacity >es and that bye eir ignaturess on the instrument the persons 1, or the entity upon behalf of which the person so 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. P L EVAKA Cawasbn#I&M74 Hoan►%oft-caaoma Notary Pu lic ' and for qd State awr4scau* INrComin. *AQ 4. LA#102858 v4 F-4 I ,a ,. 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 76018'54" 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 11010'37" TO A POINT ON THE EASTERLY LINE OF SAID LOT 103, A RADIAL LINE TO SAID POINT BEARS SOUTH 48°54'51" EAST; THENCE ALONG SAID EASTERLY LINE, SOUTH 41005'09" 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 10°19'51", A RADIAL LINE TO SAID POINT BEARS SOUTH 38°35'00" EAST; THENCE NORTH 58°58'07" 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 124.93 FEET TO THE POINT OF BEGINNING. AS SHOWN ON EXHIBIT `B"ATTACHED,HERETO AND MADE A PART THEREOF. CONTAINS: 98,065 SQ. FT. =2.251 ACRES. \�Npl LAND ALLEN�y9lG�� CL 0 No. 7914 J, Exp. 12-31-05 of C A`\Eo`��� i I i ALDEN & LEGAL DESCRIPTION i SSOCIATES 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 IRV EXHIBIT MB• PROMENADE PARKWAY LO N 5 48'54'51' E ij- 316.98' C f 7 � LOT 10J ► , 7r;r1c7 1\JD, 16490 SGALE: 1"=80' 5 45'10 34 E � 88.44' s � 03 �. Q 1Olb 0 5 6' Ln y W1\\\ POINT OF 5 6_0�p5?a' G4 BEGINNING 29' 2q'.o 5 48'54 51" E�R�/ 58. 0' u') d- ��NL L ANC EASEMENT AREA -j �S� .� NLLEN sG z 2.251 ACRES � `� �91�G-4 a " No. 7914 ul) Exp. 12-31-05 un _ Q poi o- OF C N��F � Tpfe 5 38 35 00`E1R o s. ' ' 55,07" W 215.6q N 56' i9 LINE TABLE l�J r l U CO N )EL LENGTH BEARING 96.31' 5 41705 09" W yy rRAC r JN0, 16490 N 51.25' 5 G10000" W `Y Z 3043 o4h JVJ,1�1, 69 1-I CURVE.TABLE �2 by 30 CURVE LENGTH RADIU5 DELTA fff��7 ,yam 48,5- v 01 45,55' 29.00' 90'00'00" 02 117.38' G51.00' 10'19 51" 03 108.89' G51.00' 0935'00" 04 14.44' 74.00' 11-10'37" ALDEN & EXHIBIT "B" SSOCIATES SKETCH TO AGCOMPANY LEGAL DE50RIPTION FOR PROMENADE NEIGHBORHOOD PARK SITE EASEMENT AREA CIVIL ENGINEERS-LAND SURVEYORS-PLANNERS j 2552 WHITE ROAD,SUITE B•IRVINE,CA 92614-6236 W.0. No. 1295-MG-001 Date OG121105 (949)660-0110 FAX:660-0418 Engr. B.J.W Chk'd J.W. Sheet 1 Of 1