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HomeMy WebLinkAbout2014-05-08 - Easement SIS Minimart Corp. 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: IIII I I II 1111111111111111111111111111111111111111111111111II CITY OF HUNTINGTON BEACH NO FEE Dept.of Planning 2014000183714 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) j:IRREVOCABLE RECIPROCAL EASEMENT FOR INGRESS AND EGRESS „� a This easement agreement("Agreement") is made by and between SIS Minimart Corp. ("Grantor") and City of Huntington Beach, a Municipal 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 21452 Brookhurst St. 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 10101 Hamilton Ave 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 7f1is dooffnent IS 9oWy for ft 6tl§M"of the City of HunWom �s 6mt e C-ovemrr> i acta S 0103 VW should bs,irs� Za of 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. The Grantor shall pay for removal of all improvements along the property line, including the block wall and any obstructions within the area depicted in Exhibit D. G. 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. H. 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. L 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. SIS Minimart Corporation Grantor's Printed Name: %.Sf/x _ � T Grantor's Signature: —57—' t Date: Grantor's Printed Name; Grantor's Signature: Date: City of Huntington Beach Grantee's Printed Name: M4?7 III. � - Grantee's Signature: Date: MAY� 2G Grantee's Printed Name: N��/�oqx) Grantee's Signature: Approved for Recording by:,4,� L -5 2- Date: 1 12-3-1i`f Department of Planning Approved as to Form: � /�/`-''"� Date: 1 l iq� 7-0/ y City Attorney's Office �� CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§1189 c State of California County of / �C t On , t before me, Z e��� �w 15` c D to / Here Insert Name and Title the Officer personally appeared �6���Jr�G�/AiJ ame(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(0)(IDue- subscribed to the within instrument and acknowledged to me that executed the same in Whis # authorized capacity(ies), and that by is er/their signature on the instrument the person, or the entity upon behalf of which the person�4 acted, executed the instrument. P.L.ESPARZA I certify under PENALTY OF PERJURY under the Commission;it 2032750 laws of the State of California that the foregoing Notary PUbiiC-CaiNornia paragraph is true and correct. Orange County My Comm.E ires Au 4 2017 t WITNESS my hannnd official se,.I. Signature: ' Place Notary Seal Above Si nature of Notart ublic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the docu ent 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•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 Joan 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. P.L.ESPARZA WITNESS my hand and official seal. Commission#E 2032750 L Notary Public-California Orange County omm.E 4.2017 (Seal) (Notary Signat e) EXH/QI T "A " - LEGAL DESCRIP TION 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 INSTRUMENT NUMBER 2010000299461 , OFFICIAL RECORDS OF SAID COUNTY. SUBJECT TO COVENANTS, CONDITIONS RESERV477ONS, RES7RIC7701VS, RIGHTS-OF-WAYS, AND ANY/ALL EASEMENTS OF RECORD. ALSO AS SHOWN ON MAP ATTACHED HERETO AND MADE A PART HEREOF. �pl LAND okre�gr r. PREPARED BY- No.710 z mp Exp.17131/11 EXP KENN T H C.i 131 PETER ON, L.S 7509 DA7E 9�� o f cAu��0�2 PAGE 1 OF 2 i'. SCALE: 1„ = 40' EXHIBIT "A " - MAP I (30) 80.99' 100.99' N �D 29 ` 40 181.96' N 89'36' 40' E 151.98' 1 r� (20) 50 AR I NET PROP LINE -, G 3 51 3 52 z 2 q 60 PARCEL 1 'z 53 LLA 2010-001 ::) 3 RECORDED JUNE 25, 2010 W\ _= 0 1NSTR. NO. 2010000299461 5 55 '0 21 Vd 16 544 15 �1 8 ' E 56 (30) L 1 N 8 ' Y6 C1 L ' ` �� ` (20) 57 80.99' (100.99' tn _�HAMILTON AVENUE N 89' 36' 40' E CURVE DATA LINE DATA C1 — R = 32.00' L = 26.20' %. LAND A= 46' 54' 12" g5 C. PFr q�F L 1 — 40 06 C2 — R — 32.00' L = 26.08' — N 89' 36' 40' E A= 46' 42' 18' yr Np P is No.7509 Z C3 — R = 32.00' L = 52.28' A= 93'36' 30' Np Exp.12/31/11 Q PREPARED BY. Q? OF CAI 6 zy i� KENN£7H C. PETERSON, L.S. 7509 DAT£ EXP. WE 12/31/2011 PAGE 2 OF 2 EXHIBI T. "B" - LEGAL DESCRIPTION LOTS 21 AND 22 OF TRACT NO. 193, IN THE CITY OF HUN77NGTON 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, TOGETHER WITH ; THAT PO?7701V OF THE WESTERLY HALF OF LOT C OF SAID TRACT LYING BETWEEN THE EXTENDED NORTH LINE O' SAID LOT 22 AND 77-IE EXTENDED SOU774 LINE OF SAID LOT 21. EXCEPT 774EREFROM ; 774AT POR7ION OF LOTS 21 AND 22 OF.SAID TRACT DESCRIBED IN SECTION 1, ITEMS 2 AND 3 OF RESOLU77ON NO. 2715 OF THE CITY COUNCIL OF THE CITY OF HUN77NGTOIV BEACH RECORDED IN BOOK 860D, PAGE 425, 0. R. SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS—OF—WAYS, AND ANY/ALL EASEMENTS OF RECORD. ALSO AS SHOWN ON MAP ATTACHED HERETO AND MADE A PART HEREOF. LANo s PREPARED 8Y ¢�?� �N op * x No.7509 a 9 /C> to Exp.12/31111 KENNE7N C. PETERSON, L.S. 7509 ATE 9aF oP� EXP. DA7E 1213112011 op C A-�* PAGE 1 OF 2 s f f9 EXHIBIT 9 B - MAP ASSESSORS PARCEL NO. 149-262-05 r• = 100, O R/p`c? 175 74I 72 17�170 63 !6264 saes 61 � 159 �. O L 1 56! POR. LOT C 5 w. 155 1 _ a 3? Pi-To t29 8 ?7 126 t25'12 ;23 I, T Imo► 1 1 h:J' NO. 973.E ' le-f s 11F »-1 r2 Tr3 114. r5 I A ri7 I. t I t i i I t i/B ! ! ! 1 E i . l1913 15o• BRt70KHURST STREET e Page 2 of 2 EXHIBI T "C" - LEGAL DESCRIPTION THAT POR77ON OF PARCEL 1 OF LOT LINE ADJUSTMENT 2010-001, IN 7HE 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, DESCRIBED AS FOLLOWS:: BEGINNING AT THE SOUTHERLY TERM1NUS OF THE EAST LINE OF SAID PARCEL 1 ; THENCE ALONG THE SOUTHEAST AND SOUTH LINES OF SAID PARCEL A THE FOLLOWING COURSES.- SOUTH 71' 16' 03" WEST, 70.27 FEET; SOUTH 85' 44' 15" WEST, 14.62 FEET; THENCE NORTH 00' 39' 15" WEST, 31.05 FEET, THENCE NORTH 89' 36' 40" EAST, 81.39 FEET TO THE EAST LINE OF SAID PARCEL 1 ; THENCE SOUTH 00' 39' 15" EAST, 7.96 FEET ALONG SAID EAST LINE TO THE POINT OF BEGINNING SUBJECT TO COVENANTS, COND/TIONS� RESERVATIONS, RE57RIC770NS, RIGHTS—OF—WAYS, AND ANY/ALL EASEMENTS OF RECORD. ALSO AS SHOWN ON EXHIBIT D" ATTACHED HERETO AND MADE A PART HEREOF. NO,I LAND P � 0�' PREPARED BY.' No.7509 z C Zq /O Exp.12/31/11 KENNETH C. PEIFRSON, L.S. 7509 DATE 9r P� EXP. DATE 121JI12011 � of CA1.0, PAGE 1 OF 1 SCALE. EXHIBI T "D" - MAP 1" = 20' PARCEL 1 r� LLA 2010-001 RECORDED JUNE 25, 2010 INS TR. NO. 2010000299461 1 J' EAST uNE W PARCEL 1 f� 4 o�Oih Q IRREVOCABLE ^g RECIPIENT h EASEMENT N 89'36' 40' E • 81.39' � o R • w 0 SOUJ�NE 7-1 16' 03� E 22 Q $ O SOU7HEAST LINE f I PARCEL 1 1 / APN 149-262-05 t I EXHIBIT B" i y 14.62' W N 85' 44' 15'E f� 1 f 20 N 89'36' 40' E - HAMIL TON A VENUE NpL LAND C. pFT RAF ? d► P A Y No.7509 z PREPARED BY a Ems.1?131/11 D OF CALL�o�2 KENNETN C. PETLERSON. L.S. 7509 DATE EXP. DATE 121JI12011 PAGE 1 OF 1