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HomeMy WebLinkAbout2014-05-08 - Easement City of Huntington Beach This Document was electronically recorded by City of Huntington Beach Recorded in Official Records, Orange County Hugh Nguyen, Clerk-Recorder Recording Requested by and Return to: II III III II II �� 11111111111111111111111111111III O FEE CITY OF HUNTINGTON BEACH Dept.of Planning 2014000183713 04:30pm 05/12/14 2000 Main St. 105 402 E01 10 Huntington Beach,Ca 92648 0.00 0.00 0.00 0.00 27.00 0.00 0.00 0.00 (SPACE ABOVE THIS LINE FOR RECORDER'S USE) IRREVOCABLE RECIPROCAL EASEMENT FOR INGRESS AND EGRESS /b This easement agreement("Agreement") is made by and between the City of Huntington t(J Beach, a Municipal Corporation("Grantor") and SIS Minimart Corp. ("Grantee") in order to create an irrevocable reciprocal easement for ingress and egress. RECITALS 1. Grantor is the owner of certain real property("Servient Tenement") located at 10101 Hamilton Ave. in the City of Huntington Beach, County of Orange, State of California, described in a legal description and a map attached as Exhibit"A" and hereby incorporated by this reference. 2. Grantee is the owner of certain real property("Dominant Tenement") located at 21452 Brookhurst St. in the City of Huntington Beach, County of Orange, State of California, described a legal description and a map attached as Exhibit`B" and hereby incorporated by this reference. 3. By entering into this agreement, the Grantor seeks to satisfy the requirements of the City of Huntington Beach, as set forth in the Conditional Use Permit 2008-020 dated February 24, 2009. 4. To this end, Grantor is required to grant an irrevocable reciprocal easement between the Servient Tenement and the Dominant Tenement. EASEMENT Grantor grants Grantee the following easement over a portion of the Servient Tenement, as legally described in the attached Exhibit"C" and as depicted in the map attached as Exhibit"D", hereby incorporated by this reference. The easement shall be subject to the terms and conditions set forth below. A. This easement is appurtenant to the Dominant Tenement and provides for a right of way for ingress and egress of vehicular traffic, in order to provide an alternative means for vehicles entering and exiting the Dominant Tenement from Hamilton Ave. B. This easement provides for the incidental rights to construct any improvements necessary for ingress, egress, maintenance and repair. C. The access point between the Servient Tenement and Dominant Tenement shall be the location identified on Exhibit"D" as "Irrevocable Recipient Easement", extending over and across drive aisles on the Servient easement between said location and the nearest point of driveway ingress and egress from Hamilton Ave. on the Servient Tenement. The Grantor reserves the right to take the access easement on and over the Servient Tenement out of service for temporary This document is for the business Of the City of Hunfingim Beach,as conternplaWd Lander GoverMtent CodZ 6103 end should b 0 of charge. maintenance and repairs within or in the immediate vicinity of the irrevocable reciprocal access easement area. D. This easement is nonexclusive. Grantor retains the right to make any use of the Servient Tenement in a manner that does not unreasonably interfere with Grantee's free use and enjoyment of the easement. E. The Grantor shall bear the cost of normal repair maintenance of the improvements located within the easement area. F. These covenants and conditions shall run with the land in perpetuity and shall be binding upon the undersigned owners, every person having a fee, leasehold, or any other interest in the properties and their successors,heirs and assigns. G. This easement is irrevocable and shall remain in effect in perpetuity, except as modified or rescinded pursuant to the expressed written approval of the City of Huntington Beach. H. Both parties agree to indemnify and hold harmless the other from any and all claims, demands, losses to the extent caused by or arising out of the work herein. City of Huntington Beach Grantor's Printed Name: Grantor's Signature: Date: 2-40/5� Grantor's Printed Name; ® Grantor's Signature: �� �,f/ ,n Date: A,74Y Jf 24/ SIS Minimart Corporotion a Grantee's Printed Name: .Grantee's Signature: -�77 - — � Date: ,r7�..-q-Z...- (V Grantee's Printed Name: Grantee's Signature: Date: Approved for Recording by: Date: Department ofPlanning f. Approved as to Form: LA �eAl� Date: 1 I l Y/ 7-0i City Attorney's Office CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 a State of California County of OXZ�6>4__ On 2 dof before me, Date Here Insert Na and Title of the Offic r personally appeared Name(s)of Signer(s) , who proved to me on the basis of satisfactory evidence to be the person whose name(o is are subscribed to the within instrument and acknowledged to me that(h:e)3 y executed the same in hi9*;4heir authorized capacity(ies), and that by 'is er, kieir signaturqX on the instrument the persong or the entity upon behalf of which the person(q,acted, executed the instrument. P.L.ESPAtaZA I certify under PENALTY OF PERJURY under the Commission*2032750 laws of the State of California that the foregoing i ,�� Notary Public-California i paragraph is true and correct. Z Orange County Comm.Expires Au 4,2017+ WITNESS my hand—and official seal. Signature: Q�4,�, , Place Notary Seal Above Signature of otary PP- OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑ Individual ❑ Individual ❑ Partner —❑Limited ❑General ❑Partner — ❑Limited ❑General ❑ Attorney in Fact ❑Attorney in Fact ❑ Trustee ❑Trustee ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: ©2012 National Notary Association a NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 ACKNOWLEDGMENT STATE OF CALIFORNIA ) ) ss COUNTY OF ORANGE ) On May 8, 2014, before me, P. L. Esparza, Notary Public, personally appeared ,roan L. Flynn and Matthew M. Harper who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. mom loose-it P.L.E S WITNESS my hand and official seal. Commission#2032750 Notary Public-CalNornla z Orange County lamco E 4.20171 (Seal) (Notary Signat re) J EXHIBIT "A "" - LEGAL DESCRIPTION LOTS 21 AND 22 OF TRACT NO. 193, IN 7HE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED /N BOOK IZ PAGE 49 OF MISCELLANEOUS MAPS, 1N THE OMCE OF THE COUNTY RECORDER OF SAID COUNTY, TOGETHER Wl7H ; THAT PORAON OF THE WESTERLY HALF OF LOT C OF SAID TRACT LYING BETWEEN THE EXTENDED NORTH LINE OF SAID LOT 22 AND THE EXTENDED SOUTH LINE OF SAID LOT 21, EXCEPT 7HEREFROM ; THAT POR7701V OF LOTS 21 AND 22 OF SAID TRACT DESCRIBED 1N SECTION 1, I7EMS 2 AND 3 OF RESOLU7101V NO. 2715 OF 7HE CITY COUNCIL OF THE C/TY OF HUN77NGTOV BEACH RECORDED /N BOOK 8600, PAGE 425 O. R. SUBJECT TO COVENANTS CONDITIONS, RESERVATION, RESTRICTIONS, RIGHTS—OF—WAYS, AND ANY/ALL EASEMENTS OF RECORD. ALSO AS SHOWN ON MAP ATTACHED HERETO AND MADE A PART HEREOF. Npl LAND S� 8G PREPARED BY: 4? c * Y No.7509 z y..��Z� Exp.12/31/11 r KENNETH C. PE7L'RSON, L_S 7509 D ATE 9T Q2 EXP. DATE 1213112011 of cA��-° PAGE 1 OF 2 e EXHIBIT A - MAP ASSESSORS PARCEL NO. 149-262-05 ------�-- _ b O b 75 41 t� ? 71.1701 '91 �rB 6 se.os 6l 0 159 •O I. 1 s61 ', pa¢ car c s Iss S?151 0 �9 T 8 127I261251? 125 _ I � I I j I n j I j I I h ea an NO. 9735 g. 10 n—li2 1� �s 116 j 77 I I��, i i ��e• 1 � 11 vg SROOKHURST STREET Page 2 of 2 EXHIBIT "B" - LEGAL DESCRIPTION PARCEL 1 OF LOT LINE ADJUSTMENT 2010-001, IN THE CITY OF HUN77NGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THE DOCUMENT RECORDED JUNE 25 , 2010 , AS INS7RUMENT NUMBER 2010000299461 , OFFICIAL RECORDS OF SAID COUNTY. SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RES77?IC7/ONS, RIGHTS-OF-WAYS, AND ANY/ALL EASEMENTS OF RECORD. ALSO AS SHOWN ON MAP ATTACHED HERETO AND MADE A PART HEREOF. apL LANp C. PFP<no�� PREPARED BY No.7509 z� Ex 170 Ill KENNETH C. PETERSON, L.S 7509 DATE EXPP, DA7E 1213112011 °F QA0* PAGE 1 OF 2 =t SCALE: , = 40' EXHI BI r ,�3,� _ MA P (30) 80.99' 100.99' 10 29 N 49 181.98' N 89'36' 40 E 151.98, r� (20) 50 PARCEL N£T PROP. UNE w 11 w 5.2 x 0 60 PARCEL 1 53 LLA 2010-001 3 RECORDED JUNE 25; 2010 INSTR. NO. 2010000299461 54 0 yl o ® o ., 55 c2 � � o`� �0.203d W 7 16 \ N 51-- 44 815" E 5 1. 21 ors (30) Lf c. C1 19 20 (20) 57 80.99' 100.99' /h HaMILTON AVENUE N 89.36. 40- E --{- CURVE DATA LINE DATA Cf - R = 32.00' L = 26.20' GNU 0 p - 46'54' 12' s15, C. pF� L - 40.06 C2 - R = 32.00' L = 26.08' ar°1�' F�o - N 89' 36' 40' E p= 46' 42' 18" g m m Plo.7509 z A C3 - R = 32.00' L = 52.28' p= 93'36' 30' NA Exp.12/31/11 PREPARED BY.- � OF CAS-`elfO 2L,e,�tle�� z 9 io KENNETH C. PETERSON, L.S. 7509 DA 1F EXP. DATE 1213112011 PAGE 2 OF 2 k EXHIBI T "C" - LEGAL DESCRIPTION THAT PORTION OF LOTS 21 AND 22 OF TRACT NO. 193, IN THE CITY OF HUNTINGTOIV BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 12, PAGE 49 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS.• BEGINNING AT THE SOUTHERLY TERMINUS OF THE EAST LINE OF PARCEL 1 OF LOT LINE ADJUSTMENT 2010-001 W THE CITY OF HUNTINGTON BEACH, AS SHOWN ON THE DOCUMENT RECORDED JUNE 25 , 2010 , AS INSTRUMENT NO. 2010000299461 , OFnaAL RECORDS ; THENCE SOUTH 71' 16' 03" WEST , 70.27 FEET ALONG THE SOUTHEASTERLY LINE OF SAID PARCEL 1 ; THENCE NORTH 87' 13' 02" EAST, 41.56 FEET; THENCE SOUTH 84' 44' 04" EAST, 11.43 FEET; THENCE SOUTH 88' 23' 48" EAST, 1191 FEET TO THE EAST LINE OF SAID LOTS 21 AND 22 ; THENCE NORTH 00' 39' 15" WEST, 21.99 FEET ALONG SAID EAST LINE TO THE POINT OF BEGINNING. SUBJECT TO COVENANTS, COND1710NS, RESERVATIONS RESTRICTIONS, RIGHTS-OF-WAYS, AND ANY/ALL EASEMENTS OF RECORD. ALSO AS SHOWN ON EXHIBIT D" ATTACHED HERETO AND MADE A PART HEREOF. Npt U1Na a�yg� C. A PREPARED BY. J� x No.7509 z�r tp, Exp.12/31/11 e KENNETH C. PETERSON, L.S 7509 DATE VTR oe� EXP. DATE 1213112011 OF CAL�4 PAGE 1 OF 1 SCALE EXHIBI T "D" — MAP f" = 20' PARCEL 1 LLA 2010-001 RECORDED JUNE 25, 2010 INSTR. N0. 2010000299461 � EAST UN£ � 5 r� PARCEL 1 _ rs 2 3 IRREVOCABLE t RECIPIENT EASEMENT POB - N 3 � l:. N 5 5 SE'LY LINE2 2 N 71- 27p3r w ` PARCEL 1 pp 2 I NO � 2 � 41.56' " W N 87' 13' 02" E i 11.43'—1 I B SOU7H LINE 2 1 N 84' 44' 04' W 5 f PARCEL 1 13.91' N 88'23' 48` W— 2 O /� r .� ]VI 7 � M — N 89"36' 40" E _ — — HAMIL TON A VENUE PREPARED BY wa `r0 / y� x No.7509 z /z9z o Exv.1zrav11 KENN£7H C. P£TERSON, L.S. 7509 ( DATE 9TR oat EXP. DATE 1213112011 of cm-1 PAGE 1 OF 1