HomeMy WebLinkAbout2016-07-01 - Easement HB Boardwalk, LLC (HB) and Freeway Industrial Park (FIP) Recorded in Official Records, Orange County
f Hugh Nguyen, Clerk-Recorder
1[� �$l I R 11�11 �E�111 t��111��] ��l 11 NO FEE
* $ R 0 0 0 8 4 9 7 3 9 8 $
2016000302365 2:55 pm 07/01/16
47 NC-5 EA1 11
RECORDING REQUESTED BY 0 00 0 00 0 00 0.00 30.00 0.00 0.00 0.00
AND WHEN RECORDED RETURN TO
CITY OF HUNTINGTON BEACH
Department of Community Dev elopment
200 Main Street
Huntington Beach, CA 92648 (�
(Space Above this Line for Recorders Use)
AMENDED AND RESTATED IRREVOCABLE GRANT OF
EASF,MENT
This Irrevocable Grant of Easement (`(irant") is made by and bet A een HB Boardwalk, LLC, a
Delaware limited liability company("HB' ) and Freeway Industrial Park, a California
corporation ('FIP")(I IB and FIP collectively referred to as. 'Grantoi") to the City of Huntington
Beach ("Grantee' ). for purposes of satisfying the Requirement. defined below, for development
of a park
RECITALS
A Grantor is the ground lessee and owner of certain real property (the "Propert)") located at
7441 Edinger Avenue. in the City of Huntington Beach, County of Orange. State of
California (APN Nos 142-074-04 142-074-14. and 142-074-17)as more particularlN
described in a legal description attached hereto a,, Exhibit A and hereby incorporated by
this reference
B Grantee, FIP and Sares Regis Operating Company, L P a Delaware limited partnership
(formerly known as Sares-Regis Group, a California general partnership) entered into that
certain Development Agreement dated as of August 1. 2011. that was recorded in the
Official Records of the Orange County Recorder's office on August 18. 2011. as
instrument No 201 100040873�, as amended by that certain First Amendment to
Development Agreement dated as of May 28, 2014. that was recorded in the Official
Records of Orange C ountN Recorder's office on July 16, 2014. as Instrument No
2014000282366 (the ' Development Agreement")
C As part of the process of carrying out the actions contemplated in the Development
Agreement for the completion of a mixed use project. that certain Notice of Action dated
Februaiy 9. 2011, was issued by Giantee(the ' Notice of Action")
D By extending this Grant. Grantor seeks to satisfy the requirement ofthe City of
Huntington Beach, as set forth in the Site Plan Review No 10-004 dated February 8.
2011, for a half-acre public open space (the `Requirements") as presented in the Notice
of Action _
�M�
Gow"N"ood.a.e.e103 and
WaN b o Headed ins d dwgg
E To this end. Grantor is required to extend an irrevocable grant of easement to Grantee
F Grantor executed an Irrevocable Grant of Easement which was recorded in the Official
Records of the Orange County Recoider's office on April 7. 2016 as Instrument No
2016000150540 (the "Original Easement") The parties hereto desire to amend and
restate the Original Easement, which shall be superseded by this Grant in its entirety,
effective as of the date hereof
GRANT
Grantor hereby irrevocably grants to Grantee a public open space easement (the "Easement") as
legally described in the attached Exhibit A and is depicted in the map attached as Exhibit B. both
of which exhibits are hereby incorporated by this reference(such portion of the Property being
referred to herein as the "Easement Area")
Grantor may use the Easement Area in a manner that does not unreasonably interfere with
Grantee and/or the public use and enjoyment of the Easement at Grantee's sole discretion
These covenants and conditions shall run with the land in perpetuity and shall be binding upon
the undersigned owners, every person having a fee. Ieasehold or any other interest in the
properties and their successors, heirs and assigns
This Grant is irrevocable and shall remain in effect in perpetuity, except as modified or rescinded
pursuant to the express written approval of the City of Huntington Beach
[SIGNATURES ON FOLLOWING PAGE]
IN WITNESS WHEREOF,Grantor has executed this Grant as of , u/ � 2016
Grantor
HB Boardwalk, LLC,
a Delaware limited liability company
By pU ��
Name I L► MU'
Title y1 l,'(— ' r C1! 6&)-
and
FREEWAY INDUSTRIAL PARK,
a California corporation
Nam -AAv-3E7r-- TRrRE(3 -.1) r7Kow `I'
►
Grantee
THE CITY OF HUNTINGTON BEACH
c
By
Name ��-�IJ� yLL I !� APPROVED AS TO FORM
Title
/ Michael Gates,City Attorney
A notary public or other officer
completing this certificate verifies only
the identity of the individual who
signed the document to which this
certificate is attached, and not the
truthfulness, accuracy, or validity of
that document
ACKNOWLEDGMENT
State of M OiSU (hU W
County of ' l fn I f1
On �,.TUYU 11 ' 2C)( (o beforeme, Ni r �ngaS , N00Yq RiUi C_ ,
(Insert Name d Title of the Officer)
personally appeared Q r I who proved to me on the basis of satisfactory
evidence to be the personO whose nam 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 signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) 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
WITNESS my hand and official seal
Signature l✓ (Seal)
MNA A. MASOURAS
NOTARY PU6lK
�ame�wsoNh of Ma:sa�laart�
Mom "`
A notary public or other officer
completing this certificate verifies only
the identity of the individual who
signed the document to which this
certificate is attached, and not the
truthfulness, accuracy, or validity of
that document
ACKNOWLEDGMENT
State ofRasscw�"Ukls
County of Suffolk
`ff
On W I t0 before me, K n G\ M ZOU N C+ q
(Insert Name ancY Title of the Of cer)
personally appeared who 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(tes),
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
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal
Signatures (Seal)
H NA A. MASOURAS
comwnwealth,of MaEsV 're aefls
y`V1ff//1 My��ember530, Z02 s
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document
State of California )
County of '�'?9e )
On%�j u-�� �i �0/60 before me, a6I' Es beA- II1-41 $�c�-c.c�
Date Here Insert Name and Title of the Office
personally appeared
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the persons) whose name(e) is/aafee
subscribed to the within instrument and acknowledged to me that he/64eA4W executed the same in
his/*erfthetr-authorized capacity(+es), and that by his/her*teir signature(8)on the instrument the person(s),
or the entity upon behalf of which the person(s) 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
ROBIN ESTANISLAU WITNESS my hand and official seal
COMMISSION 1112017380 p
^-� Notary Public-California �
ORANGE COUNTY Signatur
My Comm ExpiresAIX 1 2017
Signature of Notary Public
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended 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)
❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑General
❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact
❑Trustee ❑ Guardian or Conservator ❑Trustee ❑ Guardian or Conservator
❑ Other ❑ Other
Signer Is Representing Signer Is Representing
02014 National Notary Association • www National Notary org • 1-800-US NOTARY(1-800-876-6827) Item#5907
EXHIBIT "A"
LEGAL DESCRIPTION
PUBLIC PARK EASEMENT
PARCEL 1
THAT CERTAIN PARCEL OF LAND SITUATED IN THE CITY OF HUNTINGTON
BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING A PORTION OF
PARCEL I AS SHOWN ON LOT LINE ADJUSTMENT 10-007 RECORDED MAY 4, 2011
AS INSTRUMENT NO 201 1000225797. OF OFFICIAL RECORDS, IN THE OFFICE OF
THE ORANGE COUNTY RECORDER,MORE PARTICULARLY DESCRIBED AS
FOLLOWS
COMMENCING AT THE SOUTHEASTERLY CORNER OF SAID PARCEL 1,
THENCE NORTHERLY ALONG THE EASTERLY LINE OF SAID PARCEL 1 NORTH
00039'35" WEST 394 98 FEET,
THENCE LEAVING SAID EASTERLY LINE SOUTH 89020'25" WEST 152 41 FEET TO
THE TRUE POINT OF BEGINNING.
THENCE NORTH 89044'22" WEST 17 87 FEET,
THENCE NORTH 0015'38" EAST 52 61 FEET,
THENCE NORTH 89027'19" WEST 9 83 FEET,
THENCE NORTH 00015'38" EAST 7 91 FEET,
THENCE NORTH 89044'22" WEST 10 08 FEET,
THENCE SOUTH 00015'38" WEST 7 46 FEET,
THENCE NORTH 89044'22" WEST 21 00 FEET,
THENCE NORTH 00015'38" EAST 12 58 FEET,
THENCE NORTH 89044'08" WEST 20 30 FEET,
THENCE NORTH 44044'22" WEST 14 76 FEET,
THENCE NORTH 45015'38" EAST 8 00 FEET,
THENCE NORTH 44044'22" WEST 9 00 FEET,
THENCE NORTH 45015'38" EAST 9 00 FEET,
THENCE NORTH 44044'22" WEST 9 00 FEET,
THENCE NORTH 45015'38" EAST 9 00 FEET,
THENCE NORTH 44044'22" WEST 9 00 FEET,
THENCE NORTH 450 15'38" EAST 9 00 FEET.
THENCE NORTH 44044'22" WEST 9.00 FEET,
THENCE SOUTH 45015'38" WEST 17 00 FEET,
THENCE NORTH 000 15'38" EAST 7 07 FEET,
THENCE NORTH 45015'38" EAST 26 00 FEET,
THENCE NORTH 44044'22" WEST 9 00 FEET,
THENCE NORTH 45015'38" EAST 9 00 FEET,
THENCE NORTH 44044'22" WEST 9 00 FEET,
THENCE NORTH 45015'38" EAST 9 00 FEET,
THENCE NORTH 44044'22" WEST 9 00 FEET,
THENCE NORTH 45015'38" EAST 9 00 FEET,
THENCE NORTH 44044'22" WEST 9 00 FEET,
THENCE NORTH 45015'38" EAST 9 00 FEET,
THENCE NORTH 44044'22" WEST 9 00 FEET;
THENCE SOUTH 45015'38" WEST 17 00 FEET,
THENCE NORTH 00015'38" EAST 7 07 FEET,
THENCE NORTH 45015'38" EAST 26.00 FEET,
THENCE NORTH 44044'22" WEST 9 00 FEET;
THENCE NORTH 45015'38" EAST 9 00 FEET;
THENCE NORTH 44044'22" WEST 9 00 FEET,
THENCE NORTH 4501 5'38" EAST 9 00 FEET;
THENCE NORTH 44044'22" WEST 9 00 FEET,
THENCE NORTH 45015'38" EAST 9 00 FEET;
THENCE NORTH 4404422" WEST 9.00 FEET;
THENCE SOUTH 45015'38" WEST 17.00 FEET;
THENCE NORTH 00015'38" EAST 5 00 FEET TO THE BEGINNING OF A CURVE,
CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 25 00 FEET,
THENCE NORTHEASTERLY ALONG SAID CURVE 25 82 FEET THROUGH A CENTRAL
ANGLE OF 59010'44" TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE
NORTHWESTERLY, HAVING A RADIUS OF 33 17 FEET, A RADIAL LINE FROM SAID
BEGINNING BEARS NORTH 19056'15" WEST;
THENCE NORTHEASTERLY ALONG SAID CURVE 30.25 FEET THOUGH A CENTRAL
ANGLE OF 52014'53" TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE
SOUTHEASTERLY, HAVING A RADIUS OF 24 62 FEET, A RADIAL LINE TO SAID
BEGINNING BEARS NORTH 62056'19" WEST,
THENCE NORTHEASTERLY ALONG SAID CURVE 17.78 FEET THROUGH A CENTRAL
ANGLE OF 41022'57" TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE
SOUTHERLY, HAVING A RADIUS OF 25 93 FEET, A RADIAL LINE TO SAID
BEGINNING BEARS NORTH 21°33'22" WEST,
THENCE EASTERLY ALONG SAID CURVE 9 66 FEET, THROUGH A CENTRAL ANGLE
OF 21°20'05",
THENCE SOUTH 89044'22" EAST 5.23 FEET,
THENCE SOUTH 44044'22" EAST 9 90 FEET,
THENCE SOUTH 89044'22" EAST 39 42 FEET,
THENCE SOUTH 00015'38" WEST 26.21 FEET,
THENCE NORTH 8904422" WEST 1 00 FEET,
THENCE SOUTH 00015'38" WEST 16 83 FEET,
THENCE NORTH 89044'22" WEST 1.00 FEET,
THENCE SOUTH 00015'38" WEST 17.83 FEET,
THENCE SOUTH 89044'22" EAST 2 75 FEET,
THENCE SOUTH 00015'38" WEST 15 83 FEET,
THENCE SOUTH 89043'50" EAST 1 00 FEET,
THENCE SOUTH 00015'38" WEST 10 46 FEET,
THENCE NORTH 89044'58" WEST 100 FEET,
THENCE SOUTH 00015'38" WEST 10.46 FEET,
THENCE NORTH 89044'22" WEST 6 74 FEET,
THENCE SOUTH 00028'52" WEST 1 17 FEET,
THENCE NORTH 89044'24" WEST 3 00 FEET;
THENCE SOUTH 00015'38" WEST 111 68 FEET,
THENCE SOUTH 00014'10" WEST 1 86 FEET TO THE BEGINNING OF A NON-TANGENT
CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 5 00 FEET, A RADIAL
LINE FROM SAID BEGINNING BEARS NORTH 89047'20" EAST;
THENCE SOUTHEASTERLY ALONG SAID CURVE 7 81 FEET, THROUGH A CENTRAL
ANGLE OF 89031'37",
THENCE SOUTH 89044'16" EAST 5 58 FEET,
THENCE SOUTH 00015'38" WEST 11 29 FEET;
THENCE NORTH 89044'25" WEST 5 58 FEET,
THENCE SOUTH 00015'38" WEST 68 63 FEET TO THE TRUE POINT OF BEGINNING
CONTAINING 0 501 ACRES MORE OR LESS
EXHIBIT"B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART
HEREOF
SUBJECT TO COVENANTS, CONDITIONS, RESTRICTIONS,RIGHT OF WAY AND
EASEMENTS OF RECORD
PREPARED UNDER THE SUPERVISION OF \ L AN
* o L S NO 7705
GREGOg S BORCHARD, LS 7705 �, EXP 12-31-16 P
MY RE ISTRATION EXPIRES 12/31/16
OF CAA /
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SKETCH TOACLCCOWPANY
A LEGAL DESCRIP77ON FOR
CITY OF HUN77NGTON BEACH
PUBLIC PARCEL PARK DEDICA noN SHEET 1 OF 2 SHEET
CONTAINING a501 AC..* APRIL 7, 2016 UR120238
N89 44 22"W LOT L]jVr ADJUSTMENT 10-007
5 23' N44 44 22"W
Al) ds�(SQJ 9 90' _ LINE TABLE _
9j C4 LINE BEARING LENGTH
\ `oa- J� N89 44 22"W
�-3',.3,)RJ C3 39 42' L 1 N00'15 38`E' 7 91'
�1 \ L2 N89 4422"W 10 08'
N7`9. NOO 08 37"W(R) L3 NOD 15 38"E 7 46'
(RAD=25 93) �LoO; L 4 N45"15 38"E 8 00'
`�•j,)�J \ i1,2�� ?6?S3� L5 N44 4422"W 9 00'
L10 F L7 N45'15'38 E T DD
L5\ N `(\�OS�9%y L9 NDD't 5'38'E 5 DD"
\sod LID
L 9 v L6 (,Q� �3 s?J� L 12 L 10 N89 44 22"W 1 00'
L5 4p�� ��T,Q L 13 L 1 t NOO'15'38'E 16 83'
L6 soo,� L 12 NOO'15'38'E 17 83'
L5 L14 L13 N894422"W 2 75'
L6 L 15 L 14 NOD 15'38'E 15 83' 1 SCALE' 1"=40'
L5 L 16 L 15 N89 43 50'W 1 00'
�h�p4 17 L 15 NOO 15'38"E 10 46'
L 19 L 16 L 17 N89 4458'W 1 00'
L5 L 18 L 18 N8944 22"W 6 74'
L8 �, L6 L20 L 19 NOD 2852'E 1 17'
L5 L20 N89 44 24"W 3 00,
PARCEL '
L6 L21 N0014'10'E 186'
L5 0.501 AC.f L22 N8944'16"W 5 58'
L6 L23 NOD 15'38'E 11 29'
L5 L24 N89 4425"W 5 58'
L6
r� L5
�h1�6G
l
c8 v
�6
L5 ^�
L6
a
L6 N89 4 _ _ CURVE TABLE
7 20 E(R� G —
5 �22 CURVE DELTA RADIUS LENGTH
Cl 5970'44" 25 00' 25 82'
N00 t 5"43'E�� L23 C2 52 14 53" 33 17' 30 25'
.�1 L2 L24 C3 4122 57" 24 62' 17 78'
2 C4 21 20'05" 25 93' 9 66'
ak�klt k��8 L3 L1 C5 893137" 500' 781'
9 D Zp 3g 0 d� co
9
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N89 20'25"E 152 41=
EXHI BI T 99 L�J{^ 99 N89 44 22"W JJ\J I', JV O 20 1 1 00022 J 797, O.k.
SKETCH TO ACCOMPANY 17 87'
A LEGAL DESCRIPTION FOR
CITY OF HUN77NGTON BEACH
PUBLIC PARCEL PARK DEOICAnON SHEET 2 OF 2 SHEET
CONTAINING 0.501 AC.t APRIL 7, 2016 UR120238