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HomeMy WebLinkAboutBella Terra Associates LLC - 2006-10-16Council/Agency Meeting Held: O 6 0 Deferred/Continued to: Qd Ap roved ❑ Conditionally Approved ❑ Deniedietf City k's natur Council Meeting Date: 10/16/2006 Department ID Number: PW 06-067 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND Cl SUBMITTED BY: PENEVOPE CULBRETH-G UNCIL ministrator � l - PREPARED BY: ROBERT F. BEARDSLEY, PIE, Director of ublic Work, SUBJECT: Approve Bella Terra Public Vehicular and Pedestrian Access Agreement to provide access to the public parking garage at Bella Terra and approve the Amended and Restated Grant Deed Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: A Public Vehicular & Pedestrian Access Easement Agreement is required to provide access to the Bella Terra parking structure from Edinger Avenue. An Amended and Restated Grant Deed excludes the Loading Dock Area from the Original Grant Deed. Funding Source: No funds are required for this action. Recommended Action: Motion to: 1. Approve and authorize the Mayor and City Clerk to execute the Public Vehicular & Pedestrian Access Easement Agreement, 2. Approve and authorize the Mayor. and City Clerk to execute the Amended and Restated Grant Deed (CFD No. 2003-1 Huntington Center Parking Parcel) and the Certificate of Acceptance Government Code Section 27281 and 3. Direct the City Clerk to record the Public Vehicular & Pedestrian Access Easement Agreement and the Amended and Restated Grant Deed with the County Recorder. Alternative Action(s): Deny the recommended actions and provide staff with alternative directions. REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 10/16/2006 DEPARTMENT ID NUMBER: PW 06-067 Analysis: The Planning Commission approved Bella Terra on March 29, 2002 as Site Plan Review 02-01 and the Director of Planning approved Tentative Parcel Map No. 03-163 on March 19, 2003. The project was conditioned to provide evidence and recorded documentation of access to the site within the Southern California Edison right-of-way between Center Drive and the northerly map boundary. The Public Vehicular & Pedestrian Access Easement Agreement between Bella Terra Associates, LLC and the City of Huntington Beach provides the necessary access to the public parking garage located on the north side of the map boundary from Edinger Avenue. The Amended and Restated Grant Deed amends the Original Grant Deed recorded on May 31, 2005 in the Official Records of Orange County. Per the Community Facilities District No. 2003-1 (Huntington Center), the Developer, Huntington Center Associates, LLC, the Owner, Bella Terra Associates, LLC, and the City of Huntington Beach agreed to convey to the City and the City agreed to accept fee interest in the public parking garage located along the northerly map boundary of Bella Terra. A portion of the Original Parking Property is used as a loading dock area by Burlington Coat Factory. The Developer and the City agreed to amend and completely restate the original grant deed by conveying to the city fee interest in the revised parcel of real property located in the City of Huntington Beach which excludes the Loading Dock Area, together with an easement over the Loading Dock Area. Public Works Commission Action: Not applicable. Environmental Status: This recommended action is a ministerial act and is exempt from the requirements of the California Environmental Quality Act, pursuant to State CEQA Guidelines, California Administrative Code, Title 14, Chapter 3, Section 15268. Attachment(s): T CLuorr -2- 9/28/2006 4:05 PM ATTACHMENT #1 ATTACHMENT #2 ----Jl I Recorded in Official Records, Orange County RECORDING REQUESTED BY ) Tom Daly, Clerk -Recorder AND WHEN RECORDED RETURN TO: ) illllll!Illllllllllllilll111111l111111111111111111l11111111111111111111 NO FEE 200600072661611:12am 10/27/06 City Clerk 213 160 Al 10 City of Huntington Beach 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 2000 Main Street ) Huntington Beach, CA 92648 ) [[Space above this line for Recorder's use.] This document is exempt from recording fees pursuant to Government Code Sections 6103 and 27383 PUBLIC VEHICULAR & PEDESTRIAN ACCESS EASEMENT AGREEMENT \ IQQ For valuable consideration, receipt of which is hereby acknowledged, Bella Terra Associates, LLC, a Delaware limited liability company (hereinafter "GRANTOR"), hereby grants and conveys to the City of Huntington Beach, a municipal corporation of the State of California (hereinafter "CITY"), a perpetual non-exclusive easement for public vehicular and pedestrian access over and across the surface areas of that certain real property (the "Easement Area"), as such Easement Area is more specifically described on Exhibit "A" attached hereto and incorporated by this reference, and which Easement Area shall be regularly used on a non- exclusive basis, for vehicular and pedestrian ingress and egress by the public, GRANTOR, tenants, and each of their employees, and invitees of that certain shopping center commonly referred to as Bella Terra Shopping Center which is described in Exhibit `B" attached hereto and incorporated by this reference (the "Property"). The parties hereto acknowledge and agree that the intent of the grant of the easement contained herein is to provide an access route for vehicular and pedestrian access over the Easement Area from that certain public thoroughfare known as Edinger Avenue (located on the southerly border of the subject shopping center), to the public parking structure which is located on the northerly side of the Bella Terra Shopping Center. In the event that GRANTOR or its successor in interest acquires the public parking structure from CITY, CITY shall quitclaim the easement granted hereunder to GRANTOR, or to its successor, as applicable, for the sum of $1.00 concurrently with the transfer of the public parking structure. GRANTOR expressly retains the exclusive right to use the subsurface areas beneath the Easement Area. GRANTOR retains the right to use the surface areas of the Easement Area on a non-exclusive basis and in such manner as GRANTOR shall deem proper, provided such use of MMOEBIUS 13222.2 FABEC\Bc11aTerra\EdingerEasement.rvIDOC the Easement Area by GRANTOR does not materially diminish or impair pedestrian and vehicular access over and through the Easement Area. GRANTOR expressly retains the right to relocate the Easement Area in the event that GRANTOR redevelops the Property, alters or modifies improvements on the Property, or constructs new or additional improvements on the Property; provided however, that any replacement easement shall continue to provide an access route for vehicular and pedestrian access from Edinger Avenue to the public parking structure. Upon receipt of notice from GRANTOR that GRANTOR intends to relocate the Easement Area, CITY agrees to execute and deliver quitclaim deeds or other instruments necessary to release the easement granted hereunder in exchange for the grant of a replacement easement by GRANTOR. In making any use of the Easement Area, CITY shall hold GRANTOR harmless against all claims, liabilities or expenses, including costs and attorneys' fees, arising from CITY's use of such Easement Area. In its use of the Easement Area herein granted, CITY shall not permit any claim, lien or other encumbrance arising from such use to accrue against or attach to said easement, the Easement Area, or the interest of GRANTOR in the land and improvements in, on and under the Easement Area. IN WITNESS WHEREOF, this easement has been executed by the GRANTOR herein this -6 day of OCR ?4M , 2006. GRANTOR BELLA-TB A Delaware By: Name. ITS: (circle one) Cha ASSOCIATES, LLC ed-1ra�i city ompany ice President AND By: Name: ITS: (circle one) ecretar Chief Financial Officer/Asst. Secretary - Treasurer CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor CITY Clerk APP OVED AS TO FORM: at, CIT Attorney lgjO/ REVIEWED AND APPROVED: TED AND AP VED: j CI Administrator Director of Public Works MMOEBIUS 13222.2 FABECBellaTerraNEdinger Easements IDOC CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of t �' F-te,, eA q r q ss. On�l tM6<z_r 12, d6 before me, MQr lone Mo��r4 , WpAn �l FUbl�L Date Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared ED 75(-,V_,n " Name(s) of Signer(s) 19 personally known to me ❑ p. + - sfft" evideRee to be the person(* whose name(&) is/tee subscribed to the within instrument and acknowledged to me that he/&heA4ey executed the same in his/hefA4e4 authorized capacity(io. ), and that by his/#@444@ir signature(e) on the instrument the person(&), or the entity upon behalf of which the person* acted, executed the instrument. WITNESS my hand and official seal. r Signature of jftary Public OPTIONAL Though the information below is not required bylaw, 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 Signer's Name: ❑ Individual Top of thumb Here ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of c �Y1� (�Ga' c. ss. On fit` , r 1L1 2015`14 before me, MG.t'ItAlf_ �"j o"j-p,ick , Nl}�nrq-Pu61(U Date Name and Title of Officer (e.., "Jane Doe, Notary ublie) personally appeared Ei- � '� Name(s) of Signer(s) FMARLENE SOFIA MON10YAomn*slon * 167"17tary Pub#C - CaftffftSanta Clara Courffy omm. Expires Jun 16, 201— __ 4 [.personally known to me ❑ preyed -tea taaoraRt evidertee- to be the person(&) whose name(&) is/awe subscribed to the within instrument and acknowledged to me that he/sheftey executed the same in his/mix authorized capacity(iee), and that by his/ signature(@) on the instrument the person(s), or the entity upon behalf of which the person(&) acted, executed the instrument. WITNESS my hand and official seal. r t ,, Signature of T tary Public 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 Signer's Name: owl T01- ❑ Individual Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 1999 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 - www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 CALIFORNIA•ACKNOWLEDGMENT State of California ss. County off,, "006u' On (.CTAObZ.I` before me, , Date •Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared 417mej- Z_ zay Name(s) of Signer(s) ------------- personally known to me ❑ 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 signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WI NESS my hand and icial seal. Place Notary Seal Above Signature of fry Public 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: ❑ Individual ❑ Corporate Officer — El Partner — ❑ Limited ❑ Attorney in Fact Title(s): ❑ General ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER .p of thumb Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing RIGHT THUMBPRINT OF SIGNER ... 0 2004 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Item No. 5907 Reorder: Call Toll -Free 1-800-876-6827 PUBLIC AGENCY CERTIFICATE OF ACCEPTANCE (Government Code Section 27281) This is to certify that the interest in real property conveyed by the Easement Agreement dated October 16, 2006 from BELLA TERRA ASSOCIATES, LLC, a Delaware limited liability company, to the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, is hereby accepted by the undersigned officer on behalf of the CITY OF HUNTINGTON BEACH pursuant to authority conferred by Resolution No. 3537 of the City Council of the City of Huntington Beach adopted on August 7, 1972, and the grantee consents to recordation thereof by its duly authorized officer. DATED: Q( Z./ a, ZOa(O CITY OF HUNTINGTON BEACH Its: (/ Mayo DSCHNEIDER 7152_1 LD 1141 (rev 3) 1 OF 2 02-100 EXHIBIT "A" LEGAL DESCRIPTION FOR A PUBLIC ACCESS EASEMENT FROM EDINGER AVENUE (OPPOSITE SHER LANE) TO THE PARKING STRUCTURE WESTERLY ENTRANCE THE LAND BEING REFERRED TO HEREIN IS SITUATED IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA. BEING A PORTION OF PARCEL 2 AS SHOWN ON PARCEL MAP NO. 86-200, RECORDED IN BOOK 255, PAGES 40 THROUGH 45 INCLUSIVE OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF ORANGE, DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTERLINE INTERSECTION OF BEACH BOULEVARD AND EDINGER AVENUE; THENCE, WESTERLY ALONG THE CENTERLINE EDINGER AVENUE, NORTH 89°29'30" WEST, A DISTANCE OF 1599.89 FEET; THENCE, DEPARTING SAID CENTERLINE NORTH 00°30'30" EAST, A DISTANCE OF 50.00 FEET TO THE NORTHERLY RIGHT-OF-WAY LINE OF EDINGER DRIVE (50.00 FOOT HALF WIDTH )SAID POINT ALSO BEING THE SOUTH EAST CORNER OF THE PROPOSED ACCESS EASEMENT AND THE POINT OF BEGINNING: THENCE ALONG SAID RIGHT- OF-WAY LINE NORTH 89029'30" WEST 54.00 FEET; THENCE LEAVING SAID RIGHT-OF-WAY LINE, NORTHERLY ALONG THE PARKING LOT ENTRY AND DRIVE ISLE NORTH 00030'30" EAST 335.65 FEET; TO THE BEGINNING OF A TANGENT CURVE CONCAVED SOUTHWESTERLY HAVING A RADIUS OF 17.00 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90°00'00", AN ARC LENGTH OF 26.70 FEET; THENCE NORTH 89°29'30" WEST 51.90 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVED NORTHEASTERLY HAVING A RADIUS OF 68.00 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 53004'54", AN ARC LENGTH OF 63.00 FEET TO THE BEGINNING OF A COMPOUND CURVE CONCAVED EASTERLY HAVING A RADIUS OF 466.00 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 61 °52'56", AN ARC LENGTH OF 503.30 FEET TO THE BEGINNING OF A TANGENT REVERSE CURVE CONCAVED WESTERLY HAVING A RADIUS OF 102.00 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 25°25'08", AN ARC LENGTH OF 45.25 FEET; THENCE NORTH 00003'12" EAST 144.51 FEET; THENCE NORTH 89057'43" EAST 35.00 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVED NORTHEASTERLY HAVING A RADIUS OF 10.00 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 89027'15" WITH AN ARC LENGTH OF 15,61 FEET; PAPR0JECTS\02100\survey\LEGAL DESCRIPTIONS\LD 1141 REV Edinger-Prkg Strue Access 71906 PM86-200.doc 2OF2 EXHIBIT "A" THENCE SOUTH 89029'32" EAST 5.94 FEET; THENCE SOUTH 00°30'30" WEST 32.45 FEET; THENCE NORTH 89°56'48" WEST 5.60 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVED SOUTHEASTERLY HAVING A RADIUS OF 10.00 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90000'00", AN ARC LENGTH OF 15.71 FEET; THENCE SOUTH 00003'12" WEST 60.75 FEET TO THE BEGINNING OF A NON -TANGENT CURVE CONCAVED NORTHWESTERLY HAVING A RADIUS OF 210.15 FEET; TO WHICH POINT A RADIAL LINE BEARS SOUTH 89032'41" EAST, THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 25011'13", AN ARC LENGTH OF 92.38 FEET TO THE BEGINNING OF A NON -TANGENT REVERSE CURVE CONCAVED EASTERLY HAVING A RADIUS OF 438.00 FEET; TO WHICH POINT A RADIAL LINE BEARS NORTH 64050'28" WEST, THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 61 °34'08", AN ARC LENGTH OF 470.67 FEET; TO THE BEGINNING OF A COMPOUND CURVE CONCAVED NORTHEASTERLY HAVING A RADIUS OF 40.00 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 53004'54", AN ARC LENGTH OF 37.06 FEET; THENCE SOUTH 89029'30" EAST 122.90 FEET; THENCE SOUTH 00030'30" WEST 380.65 FEET; TO THE POINT OF BEGINNING. CONTAINING AN AREA OF 44,723 SQ. FT. OR 1.027 ACRES MORE OR LESS. SUBJECT TO ALL COVENANTS, RIGHTS, RIGHTS OF WAY AND EASEMENTS OF RECORD. SEE EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART THEREOF. THE PURPOSE OF THIS LEGAL DESCRIPTION IS FOR ACCESS TO THE PARKING STRUCTURE ALONG THE PARKING LOT DRIVE ISLES FROM THE RIGHT-OF-WAY OF EDINGER AVENUE ENTRANCE OPPOSITE SHER LANE. 644LW . CHRIST PHER W. DANIELS '?/j3?/a w No. 6328 31�e���: OF "G P:\PROJECTS\02100\suivey\LEGAL DESCRIPTIONS\LD 1141 REV Edinger -Prig Struc Access 71906 PM86-200.doc VV S -. \ Q v•G�L J C9 t . :t`� S K L11 O - EDINGER AVENUE ImEngineers / Planners / Surveyors 0 —(-)46"M FAX(M)40"M IMMAIND1R , DURDEW.IRVINE.CAM" MSEWARMDFRDMROM.DMIMLADVsW WSOIIO ❑ TEL�)a FAX(TD7JDeeeeab SKETCH TO ACCOMPANY LEGAL DESCRIPTION FOR BELLA TERRA EDINGER ACCESS TO PARKING STRUCTURE J ..... N8929'30"W LID 1141 02-100 SHEET 1 OF 2 LINE TABLE LINE LENGTH BEARING L1 50.00' N00'30'30"E L2 54.00' N89'29'30"W L3 335.65' N00'30'30"E L4 51.90' N89'29'30"W L11 122.90' S89'29'30"E L12 380.65' S00'30'30"W CURVE TABLE LINE LENGTH RADIUS DELTA Cl 26.70' 17.00' 90'00'00" C2 63.00' 68.00' 53'04'54" C3 503.30' 466.00' 61'52'56" C8 470.67' 438.00' 61'34'08' C9 37.06' 40.00' 53-04'54" W-1 ACCESS TO PARKING STRUCTURE P.O.C. POINT OF COMMENCEMENT P.O.B. POINT OF BEGINNING P\PROISl.141"CIIM terra NNSCALtmi4iiO6\LU 1141 Beild Terrt1 Au:C53 CSiLIL 71`JL76 REV.LIWg LD -1 141 ' 02-100 SHEET 2 OF 2 LINE TABLE LINE LENGTH BEARING L5 144.51' N00'03'12"E L6 35.00' N89'57'43"E (RAD) L7 5.94' S89'29'32"E L8 32.45- 300'30'30"W L9 5.60' N89'56'48"W Li0 60.75' S00'03'12"W CURVE TABLE LINE LENGTH RADIUS DELTA C3 503.30' 466.00' 61'52'56" C4 45.25' 102,00' 25'25'08" CS 1 15.61' 10.00, 89'27'15" C6 15.71' 10.00' 90,00,00" C7 92.38' 210.15' 25*11'13" C8 470.67' 438.00' 61'34'08" U SCALE: 1D = 60' I DAIS: 7-19--06 Engineers / Planners / Surveyors iYGO MWN SIPEET, BARE N10,IRV9l6, OA C781� TEL"406W FAX(00)40"M .._....; 246E WAIDABPpN RDADAUI 1CgLM%Q*A8,WNi11 ❑ TEL iroame01 FAx tTLQ)89"m SKETCH TO ACCOMPANY LEGAL DESCRIP110N FOR / BELLA TERRA EDINGER ACCESS TO PARKING STRUCTURE HUNTINGTON BEACH CA.NEWMANN `.-;_..;:.,;,:;;;t;:_:. ACCESS EASEMENT 44,723 sq.ft. 1.027 acres ,.-—28.00' `r:�niG]'c�i ��u'ti6u�surveytuRAVdii3�;�"edsemeiiisji D iitii bend terra eesmrie A-Wi)61ki.0 i141'Deib Tears AmsS E-wff7!g06 REJ.dwg ATTACHMENT #3 & (-,0/ij c2) 7 ._ `Z✓ �.zJ� tS REQUEST DOCUMENT TO BE RECORDED AND TO BE EXEMPT FROM RECORDING FEES PER GOVERNMENT CODE §§ 6103 AND 27383. RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Huntington Beach 2000 Main Street Post Office Box 190 Huntington Beach, CA 92648 Attention: Director of Economic Development Recorded in Official Records, Orange County Tom Daly, Clerk -Recorder llllll IIIIIIIIIIII!III II II 1111111111111111111 11E 11111111 NO FEE 200600072661411:12am 10/27/06 213 160 G02 13 €1.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Space above this line for Recorder's use Documentary Transfer Tax is $ 0.00. This conveyance is exempt since Grantee is an exempt agency under R&T 11922 AMENDED AND RESTATED GRANT DEED (CFD No. 2003-1 - HUNTINGTON CENTER PARKING PARCEL) THIS AMENDED AND RESTATED GRANT DEED (CFD No. 2003-1 - Huntington Center Parking Parcel) (this "Amended and Restated Deed"), is made this l& ! day of I!Mzp�, 2006 and is effective as of May 31, 2005 (the "Effective Date"), the date on which the Original Grant Deed (as defined below) was recorded in the Official Records (as defined below), by and between HUNTINGTON CENTER ASSOCIATES, LLC, a Delaware limited liability company ("Developer"), and BELLA TERRA ASSOCIATES, LLC, a Delaware limited liability company ("Owner"), in favor of CITY OF HUNTINGTON BEACH, CALIFORNIA, a California charter city ("City"), with reference to the following facts: A. Pursuant to the Mello -Roos Community Facilities Act of 1982, as amended, Chapter 2.5 (commencing with Section 53311), Part 1, Division 2, Title 5 of the Government Code of the State of California, the City on January 6, 2003, adopted a Resolution of Intention to form a community facilities district over and including the Retail Parcel designated "City of Huntington Beach Community Facilities District No. 2003-1 (Huntington Center)" (the "District") and a resolution of intention to issue bonds of the District for the purpose of providing through the sale of bonds proceeds in an amount not to exceed $30,000,000 for the financing (the "CFD Financing") of the design, construction and acquisition of certain public facilities, including a six -level parking structure on the Parking Structure Parcel consisting of 2.41 acres and containing approximately 1,532 automobile parking spaces (the "Public Parking Structure") to be owned by City and available for parking use by the public; MMOEBIUS 13892_2 F:\BBC\BellaTerra\Amended and Restated Grant Deed (city)-rvI.DOC (b) Pursuant to that certain Funding and Construction Agreement Relating to City of Huntington Beach Community Facilities District No. 2003-1 (Huntington Center) dated as of March 1, 2004, between City and Developer, Developer agreed to convey and the City agreed, subject to the terms and conditions therein contained, to accept fee interest in that certain parcel of real property located in the City of Huntington Beach, County of Orange, State of California, more particularly described on Exhibit "A" (the "Original Parking Property") of that certain Grant Deed (CFD No. 2003-1 - Huntington Center Parking Parcel) dated as of November 29, 2004 (the "Original Grant Deed") and recorded in the Official Records of Orange County, California (the "Official Records") on May 31, 2005 as Instrument No. 2005000414924, on which the Public Parking Structure has been constructed; (c) Further, Developer and the City entered into that certain Parking and Reciprocal Easement Agreement and Option to Purchase dated as of March 1, 2004 (the "PREA"), covering the Original Parking Property and the "Retail Parcel" (as defined therein), which is contiguous to the Original Parking Property on all sides. Developer and the City caused the PREA to be recorded in the Official Records as Instrument No. 2005000414926 concurrently with the Original Grant Deed; (d) A portion of the Original Parking Property is used as a loading dock area (the "Loading Dock Area") by Burlington Coat Factory (the "Tenant"). Pursuant to the terms of that certain Side Letter Re: Borrower's Disclosure in Connection with First Amendment to and Modification of Construction Loan Agreement date as of April _, 2005, Developer and City agreed to enter into an easement agreement in form reasonably acceptable to JPMORGAN CHASE BANK, N.A., a national banking association, successor by merger to BANK ONE, NA, main office Chicago, Illinois, individually and as administrative agent for the financial institutions, which from time to time become parties thereto (collectively, "Lenders"), pursuant to which the City would grant Developer and Tenant the right to continue to use the Loading Dock Area for loading dock purposes; (e) On August 15, 2005, Developer conveyed to Owner, all of Developer's right, title and interest in and to that certain shopping center project located in Huntington Beach, California and commonly referred to as "Bella Terra Shopping Center" by Grant Deed recorded on August 15, 2005, as Instrument No. 2005 000643200, in the Official Records of the County of Orange, State of California as more particularly described in said Grant Deed; further, the Revised Property is contained within Bella Terra Shopping Center; (f) In lieu of an easement agreement, Developer, Owner, and City have agreed to amend and completely restate the Original Grant Deed by conveying to the City fee interest in that certain revised parcel of real property located in the City of Huntington Beach, County of Orange, State of California, as more particularly described on Exhibit "A" hereto, which excludes the Loading Dock Area (the "Revised Property"), together with an easement over the Loading Dock Area. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged: MMOEBIUS 138922 FAMOBellaTerra\Amended and Restated Grant Deed (city)-ry DOC 1. Grant of Property. Developer and Owner hereby GRANT and convey to the City a fee simple estate in and to the Revised Property. Developer and Owner hereby grant and convey to the City a perpetual non- exclusive easement for public vehicular and pedestrian access over and across the Loading Dock Area, which is described as the exception from Parcel "A" on Exhibit "A". In making any use of this easement, City shall hold Developer and Owner harmless against all claims, liabilities or expenses, including costs and attorneys' fees, arising from City's use of such area. 2. Amendment and Restatement/Grant Subject to All Matters of Record. The grant contained in this Amended and Restated Deed: (a) is intended to and does supersede and replace the Original Grant Deed and (b) is subject to all matters of record, including without limitation the PREA, and all easements, covenants, conditions and restrictions described in any of the foregoing as benefiting and/or burdening the Revised Property or any portion thereof and to all other matters visible by an inspection or survey of land. 3. The conveyance of the Revised Property is subject to the following covenants, conditions and restrictions which shall be binding upon City and its heirs, personal representatives, successors and assigns and all persons claiming under or through City: 3.1 There shall be no unlawful discrimination, harassment or allowance of harassment against or segregation of a person or of a group of persons on account of race, color, religion, creed, national origin, ancestry, physical handicap or disability (including HIV or AIDS), medical condition (cancer), mental disability, age (over 40), marital status, domestic partner status, sex or sexual orientation or disability, family and medical care leave or denial of pregnancy disability leave in the transfer, use, occupancy, tenure or enjoyment of the property herein conveyed or the construction, alteration, maintenance, repair, management or operation of the improvements thereon; nor shall the grantee/assignee establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of owners, lessees, sub -owners, sublessees or vendees in the property herein conveyed. The foregoing covenant shall run with the land. 3.2 All deeds, assignments and subagreements or contracts made or entered into by any owner, its successors or assigns, as to any portion of the Property, shall contain therein the following language: (a) In Deeds and Assignments. "Grantee/Assignee herein covenants by and for itself, its heirs, personal representatives, successors and assigns and all persons claiming under or through grantee/assignee that there shall be no unlawful discrimination, harassment or allowance of harassment against or segregation of a person or of a group of persons on account of race, color, religion, creed, national origin, ancestry, physical handicap or disability (including HIV and AIDS), medical condition (cancer), mental disability, age (over 40), marital status, domestic partner status, sex or sexual orientation or disability, family and medical care leave or denial of pregnancy disability leave in the transfer, use, occupancy, tenure or enjoyment of the property herein conveyed or the construction, alteration, maintenance, repair, management or operation of the improvements thereon; nor shall the grantee/assignee or any person claiming under or MMOEBIUS I3892_2 FABEC\BeIIaTerraUlmended and Restated Grant Deed (city)-rvI DOC through the grantee establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of owners, lessees, sub -owners, sublessees or vendees in the property herein conveyed. The foregoing covenant shall run with the land." (b) In Leases. "The Lessee herein covenants by and for the Lessee and Lessee's heirs, personal representatives, successors and assigns and all persons claiming under or through Lessee that there shall be no unlawful discrimination, harassment or allowance of harassment against or segregation of a person or of a group of persons on account of race, color, religion, creed, national origin, ancestry, physical handicap or disability (including HIV or AIDS), medical condition (cancer), mental disability, age (over 40), marital status, domestic partner status, sex or sexual orientation or disability, family and medical care leave or denial of pregnancy disability leave in the transfer, use, occupancy, tenure or enjoyment of the land or improvements herein leased or the construction, alteration, maintenance, repair, management or operation of the improvements thereon; nor shall the Lessee or any person claiming under or through the Lessee establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of owners, lessees, sub -owners, sublessees or vendees in the property herein conveyed. The foregoing covenant shall run with the land." 4. Notwithstanding anything to the contrary contained herein, so long as City and any successor or assignee of City is a governmental agency and has adopted its own nondiscrimination policy then City's (or its successors' or assigns') compliance with such nondiscrimination policy shall be deemed to comply with the foregoing covenants contained in Section 3 above. [SIGNATURES APPEAR ON FOLLOWING PAGE] MMOEBIUS 138922 F:\BEC\Be11aTerra\Amended and Restated Grant Deed (city)-M.DOC IN WITNESS WHEREOF, Developer and Owner have executed this Amended and Restated Deed as of the day and year first written above. "Developer" HUNTINGTON CENTER ASSOCIATES, L.L.C., a Delaware limited liability company By: Huntington Management Ent., LLC, a Delaware limited liability company, its Manager By: BMLF/Huntington, LLC, a Delaw imited liabi 'ty com y, ' s Managef ryan Ezralow, Trustee of the Bryan Ezralow 1994 Trust, its Manager "Owner" BELLA T �IA o S, LLC, a D are limited liabili co y By: . John Miller, President By: Eric Sahn, Secretary MMOEBIUS 138922 FABEC\BellaTerra\Amended and Restated Grant Deed (city)-M.DOC State of California ) County of ,50►nr o' alArq ) On L r �2, Z*efore me, �A Qr IQ.t1Q, N t o *kosI 6 , Notary Public, personally appeared �� ��„ n M'ti� X. c personally known to me ( ) to be the persons} whose name,(s} is/.are subscribed to the within instrument and acknowledged to me that he/sue executed the same in his/4@4their- authorized capacity4es.), and that by his, * . signature(o on the instrument the person { or the entity upon behalf of which the persons} acted, executed the instrument. WITNESS my hand and official seal. MOWMMI 'Lei �l _ L• �tary , ' State of California ) County of �o,v�g ar a ) On � e1V1b�r l 2�1.QDL-v before me, MO& JtAe, Mn"V_�j_, Notary Public, personally appeared Eric-.. `uG�„r, personally known to me (oopr.eved ti fac ary P�u)to be the persono+whose name( is/a**subscribed to the within instrument and acknowledged to me that he4s� executed the same in his/hef/4 r authorized capacity(, and that by his/herAheir signature4 on the instrument the person(o.), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. MAR1" SOFW Nk?Nff>C•YAA Commisalon # 16755i 7 -,m �AJ'6n Notory Publo - Caftffft Notary Public e Snnto CIS courdy •, P�•� Cc,m., c.�iresJun ib.2Xi1 MMOEBIUS 13892_2 F:\BEC\BellaTma\Amended and Restated Grant Deed (city)-rv1.D0C State of California ) County of Lp. ) On pf ,,4 JH,W61,e before me, EkS��� , Notary Public, personally appeared personally known to me to be the person(so whose name(4is/ale subscribed to the within instrument and acknowledged to me that he/gWthe?-executed the same in his/hkftheir authorized capacity(, and that by his+'@r tlreir signature;(] on the instrument the person(g),or the entity upon behalf of which the personal acted, executed the instrument. WITNESS my hand and official seal. JUAN CARLOS HERNANDEZ Commission # 1380176 e� -i-I Notary Public — California Los Angeles County My Comm. Expires Oct 15, 2006 State of California ) County of ) On Notary Public, 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 signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. before me, WITNESS my hand and official seal. Notary Public MMOEBIUS 13892_2 F:\BEC\BeI1aTerraWmended and Restated Grant Deed (city)-"I.DOC CERTIFICATE OF ACCEPTANCE GOVERNMENT CODE SECTION 27281 This is to certify acceptance of the Revised Property conveyed by the foregoing Amended and Restated Grant Deed (CFD No. 2003-1 - Huntington Center Parking Parcel) ("Amended and Restated Deed") from HUNTINGTON CENTER ASSOCIATES, LLC, a Delaware limited liability company ("Developer"), and BELLA TERRA ASSOCIATES, LLC, a Delaware limited liability company("Owner"), to the CITY OF HUNTINGTON BEACH, CALIFORNIA, a California charter city ("City") and consent by City to recordation of this Amended and Restated Deed by its duly authorized officer, pursuant to the Funding Agreement, a duly authorized obligation of the City. Dated this LZ_ day of 2006, at Huntington Beach, California. [[City" CITY OF HUNT INGTON BEACH By: , I i-7 Mayor ATTEST: City +clerk RENEWED AND APPROVED: n/",- a-4�e�— " City Administrator APPROVED AS TO FORM: &C*ttorney MMOEBIUS 13892_2 F:\ MBellaTema\Amended and Restated Grant Deed (city)-r DOC CALIFORNIA•ACKNOWLEDGMENT 5:.�.:,.aat,c�..�a..�.�'..g..:a ��t,.-azr�zr�.y..�,'•.ca...�.��.•�a4,r-�.:�.,.T�S�c �Z�,.s�.'����.•�..r�C c,��.;.a� z�.,.�,..�.,�.,TS!�a2 �S,zaS(�: State of California 1� } ss. County of ��r�vfa�'� J rr On D IT, ��, before me, �c3 Al �L Date T Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared e1. SUE Jt44_,, J&j ",b ZwJi�..� Name(s) of Signer(s) P.L. MARLA 0Commission # 1599179 1MVCw=.ExpftwAug4.2w4 NotaryPubic • CONtorNoOrange County personally known to me ❑ proved to me on the basis of satisfactory evidence to be the perso s) whose nameI is/are subscribed to the within instrument and acknowledged to me that -hefshe/they executed the same in-Fiisihter/their authorized capacit ies and that by .bier/their signature(0)on the instrument the persona or the entity upon behalf of which the perso s acted, executed the instrument. WIT ESS ha and official seal. Place Notary Seal Above 900_1� Signature of ary Public 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: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — ❑ Partner-0 Limited ❑ Attorney in Fact Title(s): ❑ General ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER .. of thumb here Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing RIGHT THUMBPRINT OF SIGNER 0 2004 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Item No. 5907 Reorder: Call Toll -Free 1-800-876-6827 EXHIBIT "A" (Attach legal description of Revised Property) MMOEBIUS 13892_2 F:\BEC\BetlaTerca\Amended and Restated Grant Deed (city)-rv].DOC LD 1091 SHEET 1 OF 3 02-100 EXHIBIT "A" LEGAL DESCRIPTION FOR BELLA TERRA PARKING STRUCTURE THE LAND BEING REFERRED TO HEREIN IS SITUATED IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA. PARCEL "A" BEING A PORTION OF PARCELS 2 AND 6 AS SHOWN IN PARCEL MAP NO.86-200, RECORDED IN BOOK 255, PAGES 40 THROUGH 45 INCLUSIVE OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF ORANGE, SAID PORTION OF LAND ALSO SHOWN AS PARCEL 11 OF APPROVED TENTATIVE PARCEL MAP NO. 2003-163 DATED MARCH 5, 2004, DESCRIBED AS FOLLOWS: BEGINNING AT THE EASTERLY TERMINUS OF THE NORTH LINE OF SAID PARCEL 2, SHOWN AS "NORTH 89029'30" WEST 763.76 FEET' ON SAID PARCEL MAP NO. 86-200, SAID POINT ALSO BEING ALONG THE SOUTHERLY LINE OF THE SOUTHERN CALIFORNIA EDISON RIGHT OF WAY (150.00 FEET IN WIDTH) PER GRANT DEED RECORDED DECEMBER 18, 1958 IN BOOK 4519, PAGE 491 OF OFFICIAL RECORDS; THENCE ALONG SAID LINE NORTH 89°32'06" WEST (N89°29'30"W) A DISTANCE OF 67.51 FEET TO THE TRUE POINT OF BEGINNING; THENCE DEPARTING SAID LINE SOUTH 00°27'54" WEST (S00°30'30"W) A DISTANCE OF 334.58 FEET; THENCE NORTH 89°32'06" WEST (N89°29'30"W) A DISTANCE OF 135.12 FEET; THENCE SOUTH 70°29'40" WEST (S70°32'16"W) A DISTANCE OF 4.39 FEET; THENCE NORTH 89°32'06" WEST (N89°29'30"W) A DISTANCE OF 3.00 FEET; THENCE NORTH 00027'54" EAST (N00°30'30"E) A DISTANCE OF 126.75 FEET; THENCE NORTH 89032'06" WEST (N89029'30"W) A DISTANCE OF 274.25 FEET; THENCE NORTH 0002754" EAST (N00°30'30"E) A DISTANCE OF 209.33 FEET TO ABOVE MENTIONED NORTH LINE; THENCE EASTERLY ALONG SAID LINE SOUTH 89032'06" EAST (S89°29'30"E) A DISTANCE OF 416.50 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING AN AREA OF 2.41 ACRES MORE OR LESS. EXCEPTING THEREFROM A PORTION OF PARCELS 2 AND 6 AS SHOWN IN PARCEL MAP NO. 86-200, RECORDED IN BOOK 255, PAGES 40 THROUGH 45 INCLUSIVE OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF ORANGE, AND FURTHER DESCRIBED AS FOLLOWS: SHEET 2 OF 3 BEGINNING AT THE EASTERLY TERMINUS OF THE NORTH LINE OF SAID PARCEL 2, SHOWN AS "NORTH 89°29'30" WEST 763.76 FEET" ON SAID PARCEL MAP NO.86-200, SAID POINT ALSO BEING ALONG THE SOUTHERLY LINE OF THE SOUTHERN CALIFORNIA EDISON RIGHT OF WAY (150.00 FEET IN WIDTH) PER GRANT DEED RECORDED DECEMBER 18, 1958 IN BOOK 4519, PAGE 491 OF OFFICIAL RECORDS; THENCE ALONG SAID LINE NORTH 89032'06" WEST (N89°29'30"W) A DISTANCE OF 67.51 FEET; THENCE DEPARTING SAID LINE SOUTH 00427'54' WEST A DISTANCE OF 334.58 FEET; THENCE NORTH 89°32'06" WEST A DISTANCE OF 135.12 FEET; THENCE SOUTH 70°29'40" WEST A DISTANCE OF 4.39 FEET; THENCE NORTH 89°32'06" WEST A DISTANCE OF 3.00 FEET; THENCE NORTH 00027'54" EAST A DISTANCE OF 126.75 FEET; THENCE NORTH 89032'06" WEST A DISTANCE OF 148.34 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 00027'54" EAST A DISTANCE OF 26.67 FEET; THENCE NORTH 89032'06" WEST A DISTANCE OF 109.65 FEET; THENCE SOUTH 75027'54' WEST A DISTANCE OF 9.33 FEET; THENCE NORTH 89°32'06" WEST A DISTANCE OF 7.25 FEET TO THE WEST LINE OF SAID PARCEL "A" CONVEYED TO THE CITY OF HUNTINGTON BEACH; THENCE SOUTH 00027'54" WEST, ALONG SAID WEST LINE, A DISTANCE OF 24.25 FEET; THENCE SOUTH 89°32'06" EAST A DISTANCE OF 125.91 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING AN AREA OF 0.08 ACRES MORE OR LESS. TOGETHER WITH AN UPPER ELEVATION OF 41.0 FEET AND A LOWER ELEVATION OF 21.5 FEET BASED ON A COUNTY OF ORANGE BENCHMARK ALUMINUM DISK STAMPED "HB-231-75" ELEVATION = 36.969 FEET (NGVD29) ON FILE AT THE COUNTY OF ORANGE P.F.R.D. / GEOMATICS-L.I.S. VERTICAL CONTROL DATA SHEET - O.C.S. 1995 ADJUSTMENT AND AS SHOWN ON THE PROJECT IMPROVEMENT PLANS "PW#03-116 L-03-282" ON FILE AT THE CITY OF HUNTINGTON BEACH. BASIS OF BEARINGS USED FOR THIS LEGAL DESCRIPTION IS BASED ON THE BEARING BETWEEN O.C.S. HORIZONTAL CONTROL STATION GPS NO. 5110 AND STATION G.P.S. NO. 5112, BEING NORTH 89032'06" WEST PER RECORDS ON FILE IN THE OFFICE OF THE COUNTY SURVEYOR. BEARINGS IN PARENTHESIS ARE BASED ON PARCEL MAP NO. 86-200. SEE EXHIBIT "B" SHEET 3 OF 3 ATTACHED HERETO AND BY THIS REFERENCE MADE A PART THEREOF. CHRISTOPHER W. DANIELS�28fo(, P:\PROJECTS\0210&urvev\ F-GgL DESCRIPTIONSIM 091 REVISED PARKING-ST UCT doc SHEET 3 OF 3 L° 1091 02 100 CENTER DRNE ~--- ,_ -- SN89'29'30"W) N89'32'06"W 534.08' _ SOUTHERN CALIFORNIA EDISON RIGHT OF WAY BK. 3159, PG 483 O.R. o ( BK. 4519, Lo S'LY LINE OF THE N'LY 150' OF THE SOUTH 1/2 PG 491 O.R. OF THE SOUTHEAST 1 /4 OF SECTION 14 BK. 3675, PG. 63 O.R. C, -.----- (N89'29'30"W) N89'32'06"W (763.7fi') 416.50' h� I, Fl 1 h. { 11 PARKING STRUCTURE T.P.O.B. POR. PARCEL 2 PARCEL "A" o w^ PROPOSED PARCEL 11 PER T.P.M. NO. 2003-163 I CD 2.41 ACRES ' LA_ w o EXCEPTING THEREFROM ��- N WITH UPPER ELEVATION OF 41.0 FEET 4 AND LOWER ELEVATION OF 21.5 FEET_,- 0 z 3 N89'32'06"W 109.65' NOO'27'54"E 15 26.67 125 91'.1/0� 148.34' N89-32'06"W 274.25'— (N89'29'30"W) Trw T.P.0.6. '' I^ r'. ` co " CV o EXCEPTION � 2 v i♦ r- i ;V o Ll COURSE TABLE BASED ON BASIS OF BEARINGS BASED ON PM 86-200 LINE BEARING LENGTH Li N89'32'06"W 3.00' N89'29'30"W L2 N70'29'40"E 4.39' N70'32'16"W L3 L4 S752754"W N89'32'06"W 9.33' 1 7.25 S75'30'30" N89'29'30"W L5 S00'27'54"W 24.25' SOO'30'30" SCALE: I" = 80' DATE: 06-28-06 Z 67.51' P.O.B. I 135.12' L2 i BASIS OF BEARINGS - BEARINGS SHOWN AREBASED ON THE BEARING BENVEEN OCS. HORIZONTAL CONTROL. STATION GPS N0. 59D AND STATION CPS NO 5H2. BEING NORTH 8T32'06' WEST BEARINGS IN PAtEIIi-IESIS ARE BASED ON PARCH BENCHMARK INFORMATION MAP NO.86-200 ALUMINUM -BENCHMARK DISK STAMPED "HB-231-75" - ELEV: 36.969 FEET (NGVD29) COUNTY OF ORANGE. P.F.R.D./GEOMATICS-L.I.S. VERTICAL CONTROL DATA SHEET-O.C.S. 1995 ADJUSTMENT RCA ROUTING SHEET INITIATING DEPARTMENT: PUBLIC WORKS SUBJECT: Approve Easement Agreement for Bella Terra Parking Structure COUNCIL MEETING DATE: October 16, 2006 RCA ATTACHMENTS;; STATUS _ Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Appl!cable Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map, Location Map and/or other Exhibits Attached Not Applicable ❑ Contract/Agreement (w/exhibits if applicable) Attached ❑ (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. Attached ❑ Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached ❑ Not Applicable Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑ Not Applicable Bonds (If applicable) Attacheducable Not A Staff Report (If applicable) Attach eaicable Not A Commission, Board or Committee Report (If applicable) Attached ❑ Not Appl!cable Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable EXPLANATION FOR MISSING 41'TACHMENTS,;_ RCA Author: T. Elliott Esparza, Patty From: Mulvihill, Leonie Sent: Friday, October 06, 2006 12:04 PM To: Esparza, Patty Subject: FW: Amended and Restated Grant Deed (CFD No. 2003-1- / Bella Terra Development - various agreements Nothing to insert ! -----Original Message ----- From: Michelle Moebius [mailto:mmoebius@jhsnyder.net] Sent: Friday, October 06, 2006 12:09 PM To: Mulvihill, Leonie Subject: RE: Amended and Restated Grant Deed (CFD No. 2003-1- / Bella Terra Development - various agreements Actually no. That is the date: April "blank" 2005. -----Original Message ----- From: Mulvihill, Leonie [mailto:lmulvihill@surfcity-hb.org] Sent: Friday, October 06, 2006 11:56 AM To: Michelle Moebius Subject: Amended and Restated Grant Deed (CFD No. 2003-1- / Bella Terra Development - various agreements See page 2, paragraph d. Do you have date for the April 2005 agreement???? The City Clerk needs this asap. Thanks ! Amended and Restated Grant Deed (CFD No. 2003-1- Huntington Center Parking Parcel signed by JM 9/15/06 I CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK October 19, 2006 Tom Daly O. C. Clerk — Recorder 12 Civic Center Plaza, Rm. 101 Santa Ana, CA 92701-4057 Attn: Document Examiner CALIFORNIA 92648 Enclosed please find three original Public Vehicular & Pedestrian Access Easement Agreements Between Bella Terra Associates, LLC and the City of Huntington Beach that need to be recorded. Sincerely, Joan L. Flynn City Clerk JF:pe Enclosures Bella Terra Parking Structure (Telephone: 714-536-5227 ) CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK October 19, 2006 Tom Daly O. C. Clerk — Recorder 12 Civic Center Plaza, Rm. 101 Santa Ana, CA 92701-4057 Attn: Document Examiner CALIFORNIA 92648 Enclosed please find three original Amended and Restated Grant Deed (CFD No. 2003-1— Huntington Center Parking Parcel) that need to be recorded. Sincerely, JF:pe Enclosures Bella Terra Parking Structure (Telephone: 714-536-5227) 0ILI6/jv,4-4 Recorded in Official Records, Orange County Tom Daly, Clerk -Recorder RECORDING REQUESTED BY )1111111111111111111111111111111111111111111111111111111111111111111111111111111 NO FEE AND WHEN RECORDED RETURN TO: ) 200600072661711:12am 10/27106 City Clerk ) 213 160 Al2 10 City of Huntington Beach ) 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 2000 Main Street ) Huntington Beach, CA 92648 ) [[Space above this line for Recorder's use.] t This document is exempt from ,® recording fees pursuant to Government Code Sections 6103 and 27383 PUBLIC VEHICULAR & PEDESTRIAN ACCESS EASEMENT AGREEMENT For valuable consideration, receipt of which is hereby acknowledged, Bella Terra Associates, LLC, a Delaware limited liability company (hereinafter "GRANTOR"), hereby grants and conveys to the City of Huntington Beach, a municipal corporation of the State of California (hereinafter "CITY"), a perpetual non-exclusive easement for public vehicular and pedestrian access over and across the surface areas of that certain real property (the "Easement Area"), as such Easement Area is more specifically described on Exhibit "A" attached hereto and incorporated by this reference, and which Easement Area shall be regularly used on a non- exclusive basis, for vehicular and pedestrian ingress and egress by the public, GRANTOR, tenants, and each of their employees, and invitees of that certain shopping center commonly referred to as Bella Terra Shopping Center which is described in Exhibit `B" attached hereto and incorporated by this reference (the "Property"). The parties hereto acknowledge and agree that the intent of the grant of the easement contained herein is to provide an access route for vehicular and pedestrian access over the Easement Area from that certain public thoroughfare known as Edinger Avenue (located on the southerly border of the subject shopping center), to the public parking structure which is located on the northerly side of the Bella Terra Shopping Center. In the event that GRANTOR or its successor in interest acquires the public parking structure from CITY, CITY shall quitclaim the easement granted hereunder to GRANTOR, or to its successor, as applicable, for the sum of $1.00 concurrently with the transfer of the public parking structure. GRANTOR expressly retains the exclusive right to use the subsurface areas beneath the Easement Area. GRANTOR retains the right to use the surface areas of the Easement Area on a non-exclusive basis and in such manner as GRANTOR shall deem proper, provided such use of MMOEBIUS 13222.2 F:\ MBe11aTerraTdingerEa ement vIDOC the Easement Area by GRANTOR does not materially diminish or impair pedestrian and vehicular access over and through the Easement Area. GRANTOR expressly retains the right to relocate the Easement Area in the event that GRANTOR redevelops the Property, alters or modifies improvements on the Property, or constructs new or additional improvements on the Property; provided however, that any replacement easement shall continue to provide an access route for vehicular and pedestrian access from Edinger Avenue to the public parking structure. Upon receipt of notice from GRANTOR that GRANTOR intends to relocate the Easement Area, CITY agrees to execute and deliver quitclaim deeds or other instruments necessary to release the easement granted hereunder in exchange for the grant of a replacement easement by GRANTOR. In making any use of the Easement Area, CITY shall hold GRANTOR harmless against all claims, liabilities or expenses, including costs and attorneys' fees, arising from CITY's use of such Easement Area. In its use of the Easement Area herein granted, CITY shall not permit any claim, lien or other encumbrance arising from such use to accrue against or attach to said easement, the Easement Area, or the interest of GRANTOR in the land and improvements in, on and under the Easement Area. IN WITNESS WHEREOF, this easement has been executed by the GRANTOR herein this � ►� day of �Gj�,a�' , 2006. GRANTOR CITY OF HUNTINGTON BEACH, a municipal corporation of the State of TERRA ASSOCIATES, LLC California A Delawar i d'llability company , r� By: Mayor Na e: D Jo hr,. M kxx r ITS: (circle one) Chairman residen ice President AND CITY Clerk By: PROVED AS TO FORM: Name: Er i c, ITS: (circle o e) Secreta ief Financial Officer/Asst. Secretary - Treasurer REVIEWED AND APPROVED: TY Administrator T. a� CITY Attorney 9 r►M q-14-0I ,/7ED AND AP VED: Director of Public Works MMOEBIUS 13222.2 F:\BEC\BetlaTerra\Edinger Emement.r DOC CALIFORNIA•ACKNOWLEDGMENT .�. c_s�sccl.-.'...ref,-i,.�f."�.,rei.-�.-�ersw:�Na.�i.--�.'sic_.aeN..-.'<_c�•s�ceic._.�cN..�.'ee..✓.ce%�.':._Trarer,,-�.e_.�c._.�are. State of California County of 8 gtt-c'l 01 c v a On: tM , I )Obefore me, ar-l le tiAor4t,l (A Date Name and Title of Officer (e.g., "Jane Doe, INotary Public") personally appeared��+� Name(s) of Signer(s) G9 personally known to me MARLENE SOpp 04Ot�RO�A to be the person(e) whose name(&) is/ar-e subscribed to the L-4b__ C. o,*_I6— 817 within instrument and acknowledged to me that olary Pubft - Co>IMonrft he/s+ae4hey executed the same in his/her4hoir authorized �O Ckwo Cam capacity(ies), and that by his/ho;4# signature(&) on the Cvnun.b.lu�16.�01 instrument the erson p (.&), or the entity upon behalf of which the person(e) acted, executed the instrument. WITNESS my hand and official seal. n. Place Notary Seal Above` , Si nature of Notary Public 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: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): _ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing RIGHT THUMBPRINT OF SIGNER of thumb here Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing RIGHT THUMBPRINT OF SIGNER op of thumb here © 2006 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Item No. 5907 Reorder: Call Toll -Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California %� County of afNAc�i O nam, ss. On Sep ltm"t-f i2t200k,0 before me, G►r \e-ne, f?n" _9 RjQ ) N1Cr+-,A04- I-W t_ Date Name and Title of Officer (e.g., "Janelboe, Notary Public") personally appeared r C_ ca nn --- Name(s) of Signer(s) MARLENE SOfiA MONTOYA Commission # 1675517 Notary Pu#lIC - CAMORW Santa Ctara Cour - My Comm. Expires Jun 16,2014 Y personally known to me ❑ - euidewe to be the person(4 whose name(&) is/we subscribed to the within instrument and acknowledged to me that he/skyey executed the same in his.r authorized capacity(iss), and that by his/he4theff signatures} on the instrument the person(&), or the entity upon behalf of which the person(sj acted, executed the instrument. WITNESS my hand and official seal. ignatur of Notary Public 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 Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 1999 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 - www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of C��e��— Ss. Onbefore me, Date eNk Name and Title of Officer (e.g., "Jane Doe, Notary public") personally appeared I Place Notary Seal Above Name(s) of Signer(s) personally known to me ❑ 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 signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. �rg_ nd and official seal. signature of otary Public OPTIONAL le " 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 Attachei Title or Type of Document: Document Date: Lkn 6&,A- / L -200/ Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Qlairned by Signer(s Signer's Name: J I ❑ Individual IV. Corporate Officer — Title(s): jo lft& ❑ Partner — ❑ Limited ❑ General _ ❑ Attorney in Fact . Top of thumb here ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: -GAw) ❑ Individual n Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ElAttorney in Fact ' H. Top of thumb here ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Tf aF S - © 2004 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Item No. 5907 Reorder: Call Toll -Free 1-800-876-6827 PUBLIC AGENCY CERTIFICATE OF ACCEPTANCE (Government Code Section 27281) This is to certify that the interest in real property conveyed by the Easement Agreement dated October 16, 2006 from BELLA TERRA ASSOCIATES, LLC, a Delaware limited liability company, to the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, is hereby accepted by the undersigned officer on behalf of the CITY OF HUNTINGTON BEACH pursuant to authority conferred by Resolution No. 3537 of the City Council of the City of Huntington Beach adopted on August 7, 1972, and the grantee consents to recordation thereof by its duly authorized officer. DATED: 66 Abel/ / 71 lwi CITY OF HUNTINGTON BEACH Its: Mayor DSCHNEIDER 7152_1 LD 1141 (rev 3) 1 OF 2 02-100 EXHIBIT "A$% LEGAL DESCRIPTION FOR A PUBLIC ACCESS EASEMENT FROM EDINGER AVENUE (OPPOSITE SHER LANE) TO THE PARKING STRUCTURE WESTERLY ENTRANCE THE LAND BEING REFERRED TO HEREIN IS SITUATED IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA. BEING A PORTION OF PARCEL 2 AS SHOWN ON PARCEL MAP NO. 86-200, RECORDED IN BOOK 255, PAGES 40 THROUGH 45 INCLUSIVE OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF ORANGE, DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTERLINE INTERSECTION OF BEACH BOULEVARD AND EDINGER AVENUE; THENCE, WESTERLY ALONG THE CENTERLINE EDINGER AVENUE, NORTH 89029'30" WEST, A DISTANCE OF 1699.89 FEET; THENCE, DEPARTING SAID CENTERLINE NORTH 00030,30" EAST, A DISTANCE OF 50.00 FEET TO THE NORTHERLY RIGHT-OF-WAY LINE OF EDINGER DRIVE (50.00 FOOT HALF WIDTH )SAID POINT ALSO BEING THE SOUTH EAST CORNER OF THE PROPOSED ACCESS EASEMENT AND THE POINT OF BEGINNING: THENCE ALONG SAID RIGHT- OF-WAY LINE NORTH 89029'30" WEST 54.00 FEET; THENCE LEAVING SAID RIGHT-OF-WAY LINE, NORTHERLY ALONG THE PARKING LOT ENTRY AND DRIVE ISLE NORTH 00"30'30" EAST 335.65 FEET; TO THE BEGINNING OF A TANGENT CURVE CONCAVED SOUTHWESTERLY HAVING A RADIUS OF 17.00 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90°00'00", AN ARC LENGTH OF 26.70 FEET; THENCE NORTH 89029'30" WEST 51.90 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVED NORTHEASTERLY HAVING A RADIUS OF 68.00 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 53004'54", AN ARC LENGTH OF 63.00 FEET TO THE BEGINNING OF A COMPOUND CURVE CONCAVED EASTERLY HAVING A RADIUS OF 466.00 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 61 °52'56", AN ARC LENGTH OF 503.30 FEET TO THE BEGINNING OF A TANGENT REVERSE CURVE CONCAVED WESTERLY HAVING A RADIUS OF 102.00 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 25025'08", AN ARC LENGTH OF 45.25 FEET; THENCE NORTH 00003'12" EAST 144.51 FEET; THENCE NORTH 89057'43" EAST 35.00 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVED NORTHEASTERLY HAVING A RADIUS OF 10.00 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 89027'15" WITH AN ARC LENGTH OF 15.61 FEET; PAPR0JECTS\02100\survey\LEGAL DESCRIPTIONS\LD 1141 REV Edinger-Prkg Strue Aeeess 71906 PM86-200.doe 2OF2 EXHIBIT "A" THENCE SOUTH 89029'32" EAST 5.94 FEET; THENCE SOUTH 00"30'30" WEST 32.45 FEET; THENCE NORTH 89056'48" WEST 5.60 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVED SOUTHEASTERLY HAVING A RADIUS OF 10.00 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90000'00", AN ARC LENGTH OF 15.71 FEET; THENCE SOUTH 00003'12" WEST 60.75 FEET TO THE BEGINNING OF A NON -TANGENT CURVE CONCAVED NORTHWESTERLY HAVING A RADIUS OF 210.15 FEET; TO WHICH POINT A RADIAL LINE BEARS SOUTH 89°32'41" EAST, THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 25011'13", AN ARC LENGTH OF 92.38 FEET TO THE BEGINNING OF A NON -TANGENT REVERSE CURVE CONCAVED EASTERLY HAVING A RADIUS OF 438.00 FEET; TO WHICH POINT A RADIAL LINE BEARS NORTH 64050'28" WEST, THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 61 °34'08", AN ARC LENGTH OF 470.67 FEET; TO THE BEGINNING OF A COMPOUND CURVE CONCAVED NORTHEASTERLY HAVING A RADIUS OF 40.00 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 53004'54", AN ARC LENGTH OF 37.06 FEET; THENCE SOUTH 89029'30" EAST 122.90 FEET; THENCE SOUTH 00030'30" WEST 380.65 FEET; TO THE POINT OF BEGINNING, CONTAINING AN AREA OF 44,723 SQ. FT. OR 1.027 ACRES MORE OR LESS. SUBJECT TO ALL COVENANTS, RIGHTS, RIGHTS OF WAY AND EASEMENTS OF RECORD. SEE EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART THEREOF. THE PURPOSE OF THIS LEGAL DESCRIPTION IS FOR ACCESS TO THE PARKING STRUCTURE ALONG THE PARKING LOT DRIVE ISLES FROM THE RIGHT-OF-WAY OF EDINGER AVENUE ENTRANCE OPPOSITE SHER LANE. w 4 1 6 L W . CHRIST PHER W. DANIELS NPROJECTS\021001su veylLEGAL DESCRIPTIONSILD 1141 REV Edinger-Prkg Struc Access 71906 PM$6-200.doc 0604 i ACCESS EASEMENT 44,723 sq.ft. 1.027 acres _--a>�i��f •:�- .....,.... I ;'�:, is •. r EXISTING R/W EDINGER AVENUE Engineers ! Planners / Surveyors "MYA919Tgifir, 90R MIRVKGAWN ® TRP"e994M FAX1916)466Ofl9 216EWADYBPA WR0AD.&AM910.1A9VWM,WMW r] TELR6*N"M FA7(p97JB/ 4W SKETCH TO ACCOMPANY LEGAL DESCRIPTION FOR BELLA TERRA EDINGER ACCESS TO PARKING STRUCTURE P.O.B. i N89729 30 W SCALE: 1" = 60' DATE: 7-19-06 LID 1141 02-100 SHEET 1 OF 2 LINE TABLE LINE LENGTH BEARING L1 50.00' N00'30'30"E L2 54.00' N89'29'30"W L3 335.65' NOO'30'30"E L4 1 51.90' N89'29'30"W L11 122.90' S89'29'30"E L12 380.65' S00'30'30"W CURVE TABLE LINE LENGTH RADIUS DELTA Cl 26.70' 17.00' 90'00'00" C2 63.00' 68.00' 53'04'54" C3 503.30' 468.00' 61'52'56" C8 470.67' 438.00' 61'34'O8' C9 37.06' 40.00' 53'04'54" I �: LEGEND: ACCESS TO PARKING STRUCTURE P.O.C. POINT OF COMMENCEMENT P.O.B. POINT OF BEGINNING r:}�RGiEC�3}u2iin7}wtvey}p,�i. ry�}'cas�neuFs}LG' L1Y i)Wi6 terra esssement 411vo}L'u 1i4i Wid TwraAtx*&9 ESTt,L 7i9uo ncV,dwg LD .14 41 'd2-100 SHEET 2 OF 2 LINE TABLE LINE LENGTH BEARING L5 1 144.51' NOO'03'12"E L6 35.00' N89'57'43"E (RAD) L7 5.9,V i S89'29'32"E L8 32.45' SOO'30'30"W L9 5.60' N89'56'48"W L10 60.75' S00'03'12"W CURVE TABLE LINE LENGTH RADIUS DELTA C3 503.30' 466.00' 61'52'56" C4 45.25' 102.00' 25'25'08" C5 15.61' 10.00' 89-27-15" C6 15.71' 10.00' 90'00'00" C7 92.38' 210.15' 2511'13" C8 470.67' 1 438.00' 61'34'08" SCALE: 1" = 60' DATE: 7-19-06 Engineers N Planners Surveyors eXfD MMX Mltl�s, aurtE ee0. , cADveu 0 MWI)400M FAX(M)4W4M WF—WAN IWM. Km Ic% L"KQA%XVWIY ❑ 781.jW, em-a l FAX(@)8N"M SKETCH TO ACCOMPANY LEGAL DESCRIPTION FOR BELLA TERRA EDINGER ACCESS TO PARKING STRUCTURE LO i... 35.00' RADIAL BEARING S89'32'41 "E M U Y.\rKWCL.I JLutauvt,SurvGry�UIWYYLPR)\Cdtitlr11C11(SlI.0 1191 bL'ifa terra CaSCifltlr>[ Y11UDµu 1191�OC11d IGPd n[iLSS CS'flli /lytJ" r(CV.IIN/l.) Recorded in Official Records, Orange County Tom Daly, Clerk -Recorder RECORDING REQUESTED BY > llllllllllllillllllllllllllllillllllllllllllllllllliilllllllllllllllllllli NO FEE AND WHEN RECORDED RETURN TO: ) 200600072661811:12am 10/27/06 City Clerk ) 213 160 Al2 10 City of Huntington Beach ) 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 2000 Main Street ) Huntington Beach, CA 92648 ) [[Space above this line for Recorder's use.] \T This document is exempt from 6Q recording fees pursuant to Government Code Sections 6103 and 27383 r� PUBLIC VEHICULAR & PEDESTRIAN ACCESS EASEMENT AGREEMENT For valuable consideration, receipt of which is hereby acknowledged, Bella Terra Associates, LLC, a Delaware limited liability company (hereinafter "GRANTOR"), hereby grants and conveys to the City of Huntington Beach, a municipal corporation of the State of California (hereinafter "CITY"), a perpetual non-exclusive easement for public vehicular and pedestrian access over and across the surface areas of that certain real property (the "Easement Area"), as such Easement Area is more specifically described on Exhibit "A" attached hereto and incorporated by this reference, and which Easement Area shall be regularly used on a non- exclusive basis, for vehicular and pedestrian ingress and egress by the public, GRANTOR, tenants, and each of their employees, and invitees of that certain shopping center commonly referred to as Bella Terra Shopping Center which is described in Exhibit `B" attached hereto and incorporated by this reference (the "Property"). The parties hereto acknowledge and agree that the intent of the grant of the easement contained herein is to provide an access route for vehicular and pedestrian access over the Easement Area from that certain public thoroughfare known as Edinger Avenue (located on the southerly border of the subject shopping center), to the public parking structure which is located on the northerly side of the Bella Terra Shopping Center. In the event that GRANTOR or its successor in interest acquires the public parking structure from CITY, CITY shall quitclaim the easement granted hereunder to GRANTOR, or to its successor, as applicable, for the sum of $1.00 concurrently with the transfer of the public parking structure. GRANTOR expressly retains the exclusive right to use the subsurface areas beneath the Easement Area. GRANTOR retains the right to use the surface areas of the Easement Area on a non-exclusive basis and in such manner as GRANTOR shall deem proper, provided such use of MMOEBIUS 13222.2 FABEC\BellaTerra\EdingerEwement.rvlDOC the Easement Area by GRANTOR does not materially diminish or impair pedestrian and vehicular access over and through the Easement Area. GRANTOR expressly retains the right to relocate the Easement Area in. the event that GRANTOR redevelops the Property, alters or modifies improvements on the Property, or constructs new or additional improvements on the Property; provided however, that any replacement easement shall continue to provide an access route for vehicular and pedestrian access from Edinger Avenue to the public parking structure. Upon receipt of notice from GRANTOR that GRANTOR intends to relocate the Easement Area, CITY agrees to execute and deliver quitclaim deeds or other instruments necessary to release the easement granted hereunder in exchange for the grant of a replacement easement by GRANTOR. In making any use of the Easement Area, CITY shall hold GRANTOR harmless against all claims, liabilities or expenses, including costs and attorneys' fees, arising from CITY's use of such Easement Area. In its use of the Easement Area herein granted, CITY shall not permit any claim, lien or other encumbrance arising from such use to accrue against or attach to said easement, the Easement Area, or the interest of GRANTOR in the land and improvements in, on and under the Easement Area. IN WITNESS WHEREOF, this easement has been executed by the GRANTOR herein this 160 day of �CTD� , 2006. GRANTOR ASSOCIATES, LLC e7d iability company By: ITS: (circle one) Chairman/$JesideRMce President AND By: /L- Name: Fe ► e- c,zLL" ie, ITS: (circle on Secreta iChief Financial Officer/Asst. Secretary - Treasurer CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor 2J CITY Clerk APPROVED AS TO FORM: q.1 a�, CITY Attorney 1 ( Ri iq0- REVIEWED AND APPROVED: TI ED AND5:7;�,ROVED: 0 � /// t CITY Administrator Director of Public Works MMOEBIUS 13222.2 F:\BEC\Be[IaTcua\Edinger Emement.r IDOC CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of �ca� C1r ss. O,Seo Vz A� � ubu before me, Nj c r- dens ovaEc ict f No lcarhl ic , Date Name and Title of Officer (e.g., Jane Doe, Notary Public") personally appeared Name(s) of Signer(s) MARLENE SOFIA Commission #E 1675517 Notary Public - Calkl0ft Sonia Clara Cool* My Comm. ExpirW ,Un 1& X personally known to me ev+dertee to be the person(&) whose name(a) is/are subscribed to the within instrument and acknowledged to me that he/&he/4ey executed the same in hiss authorized capacity(-ie*, and that by his/herA*eir signature# on the instrument the person#, or the entity upon behalf of which the person(&) acted, executed the instrument. WITNESS my hand and official seal. 0 QA_ .— UV Signature of N to Public 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 Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: © 1999 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 - www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California 1 - ss. County of f�(1-% OACAt-0. On < r �2, a before me, MGM VC-_r'� %1(�Vty�IG i N04QrV u�1:i �, Date Name and Title of Officer (e.g., Jane Doe, Notary Publi ) personally appeared Cf C.. 6_. ,n , Name(s) of Signer(s) MAR,ENE SOMA MOMWA Commission #t 1675617 $ Notary Pubft - UNNMO # Santa C� CCU* Comm. Expttes.Wn 14 201 ® personally known to me evidenee to be the person(s) whose name(*) is/a*e subscribed to the within instrument and acknowledged to me that hem executed the same in hisAterflFieir authorized capacity(iesj, and that by his/herAheisF signature(-e&) on the instrument the person(*), or the entity upon behalf of which the person(* acted, executed the instrument. WITNESS my hand and official seal. aA ti , Signature of N ary Public 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 Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll -Free 1.800-876-6827 •RNI A ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of QC On before me, Date •Name and Title of Officer (e.g., " ne Doe, Notary Public") personally appeared Lox.) A2UA C11950—RIfJ L.- Z' i- IO Name(s) of Signer(s) Place Notary Seal Above ,personally known to me ❑ 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 signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNE m nd a official seal. Signal of Notary Pub 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: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER op o7th-umb here Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing RIGHT THUMBPRINT OF SIGNER 0 2004 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 Item No. 5907 Reorder: Call Toll -Free 1-800-876-6827 PUBLIC AGENCY CERTIFICATE OF ACCEPTANCE (Government Code Section 27281) This is to certify that the interest in real property conveyed by the Easement Agreement dated October 16, 2006 from BELLA TERRA ASSOCIATES, LLC, a Delaware limited liability company, to the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, is hereby accepted by the undersigned officer on behalf of the CITY OF HUNTINGTON BEACH pursuant to authority conferred by Resolution No. 3537 of the City Council of the City of Huntington Beach adopted on August 7, 1972, and the grantee consents to recordation thereof by its duly authorized officer. DATED: (���hj ✓ %74 ,ZOO(/ CITY OF HUNTINGTON BEACH By: Its: Mayor DSCHNEIDER 71521 LD 1141 (rev 3) 1 OF 2 02-100 EXHIBIT "A" LEGAL DESCRIPTION FOR A PUBLIC ACCESS EASEMENT FROM EDINGER AVENUE (OPPOSITE SHER LANE) TO THE PARKING STRUCTURE WESTERLY ENTRANCE THE LAND BEING REFERRED TO HEREIN IS SITUATED IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA. BEING A PORTION OF PARCEL 2 AS SHOWN ON PARCEL MAP NO. 86-200, RECORDED IN BOOK 255, PAGES 40 THROUGH 45 INCLUSIVE OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF ORANGE, DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTERLINE INTERSECTION OF BEACH BOULEVARD AND EDINGER AVENUE; THENCE, WESTERLY ALONG THE CENTERLINE EDINGER AVENUE, NORTH 89°29'30" WEST, A DISTANCE OF 1599.89 FEET; THENCE, DEPARTING SAID CENTERLINE NORTH 00030'30" EAST, A DISTANCE OF 50.00 FEET TO THE NORTHERLY RIGHT-OF-WAY LINE OF EDINGER DRIVE (50.00 FOOT HALF WIDTH )SAID POINT ALSO BEING THE SOUTH EAST CORNER OF THE PROPOSED ACCESS EASEMENT AND THE POINT OF BEGINNING: THENCE ALONG SAID RIGHT- OF-WAY LINE NORTH 89029'30" WEST 54.00 FEET; THENCE LEAVING SAID RIGHT-OF-WAY LINE, NORTHERLY ALONG THE PARKING LOT ENTRY AND DRIVE ISLE NORTH 00030'30" EAST 335.65 FEET; TO THE BEGINNING OF A TANGENT CURVE CONCAVED SOUTHWESTERLY HAVING A RADIUS OF 17.00 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90000'00", AN ARC LENGTH OF 26.70 FEET; THENCE NORTH 89°29'30" WEST 51.90 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVED NORTHEASTERLY HAVING A RADIUS OF 68.00 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 53004'54", AN ARC LENGTH OF 63.00 FEET TO THE BEGINNING OF A COMPOUND CURVE CONCAVED EASTERLY HAVING A RADIUS OF 466.00 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 61 °52'56", AN ARC LENGTH OF 503.30 FEET TO THE BEGINNING OF A TANGENT REVERSE CURVE CONCAVED WESTERLY HAVING A RADIUS OF 102.00 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 25025'08", AN ARC LENGTH OF 45.25 FEET; THENCE NORTH 00003'12" EAST 144.51 FEET; THENCE NORTH 89057'43" EAST 35.00 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVED NORTHEASTERLY HAVING A RADIUS OF 10.00 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 89027'15" WITH AN ARC LENGTH OF 15.61 FEET; PAPROJECTS\0210fturvey\LEGAL DESCRIPTIONS\LD 1141 REV Edinger-Prkg Struc Access 71906 PM86-200.doc 20F2 EXHIBIT "A" THENCE SOUTH 89029'32" EAST 5.94 FEET; THENCE SOUTH 00°30'30" WEST 32.45 FEET; THENCE NORTH 89"56'48" WEST 5.60 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVED SOUTHEASTERLY HAVING A RADIUS OF 10.00 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90000'00", AN ARC LENGTH OF 15.71 FEET; THENCE SOUTH 00°03'12" WEST 60.75 FEET TO THE BEGINNING OF A NON -TANGENT CURVE CONCAVED NORTHWESTERLY HAVING A RADIUS OF 210.15 FEET; TO WHICH POINT A RADIAL LINE BEARS SOUTH 89-32-41" EAST, THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 25011'13", AN ARC LENGTH OF 92.38 FEET TO THE BEGINNING OF A NON -TANGENT REVERSE CURVE CONCAVED EASTERLY HAVING A RADIUS OF 438.00 FEET; TO WHICH POINT A RADIAL LINE BEARS NORTH 64°50'28" WEST, THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 61 °34'08", AN ARC LENGTH OF 470.67 FEET; TO THE BEGINNING OF A COMPOUND CURVE CONCAVED NORTHEASTERLY HAVING A RADIUS OF 40.00 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 53004'54", AN ARC LENGTH OF 37.06 FEET; THENCE SOUTH 89029'30" EAST 122.90 FEET; THENCE SOUTH 00030'30" WEST 380.65 FEET; TO THE POINT OF BEGINNING. CONTAINING AN AREA OF 44,723 SQ. FT. OR 1.027 ACRES MORE OR LESS. SUBJECT TO ALL COVENANTS, RIGHTS, RIGHTS OF WAY AND EASEMENTS OF RECORD. SEE EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART THEREOF. THE PURPOSE OF THIS LEGAL DESCRIPTION IS FOR ACCESS TO THE PARKING STRUCTURE ALONG THE PARKING LOT DRIVE ISLES FROM THE RIGHT-OF-WAY OF EDINGER AVENUE ENTRANCE OPPOSITE SHER LANE. -6 1 tAi. 4L CHRISTCrPHER W. DANIELS '?/I91a 6 w No. 6W lEx ��F'CAL�S P:\PROJECTS\02100\sw-vey\LEGALDESCRIPTIONS\LD 1141 REV Flinger-Prkg Shvc Access 71906 PM86-200.doc ............ . ... . ...... ...... C9 Ll I ... ... A C2 .... ........ L4 ..... ...... ACCESS EASEMENT 44,723 sq.ft. 1.027 acres 1 q 01 L V ......... . EXISTING R/W 2 EDINGER AVENUE Engineers / Planners / Sufvoyors l=MOUNSIPM, WMNkMNE�WW4 Ea —(-)40-M —")4%GM 13 TELM4N*8M Fm(Meomw ETCH TO ACCOMPANY LEGAL DESCRIPTION FOR 13ELLA TERRA EDINGER ACCESS TO PARKING STRUCTURE ......... .......... N89*29'30"W LID 1141 02-100 SHEET 1 OF 2 LINE TABLE LINE LENGTH BEARING Ll 50-00' N00*30'30"E L2 54.00' N89*29'30"W L3 335.65' N00'30'30"E 1-4 51.90' N89*29'30"W Lll 122.90' S89*29'30"E L12 380.65' S00"30'30"W CURVE TABLE LINE LENGTH RADIUS DELTA Cl 26.70' 17.00' 90*00'00" C2 63.00' 68.00' 53*04'54" C3 503.30', 466.00' 61'52'56" C8 470.67' 438.00- 61-34-08' C9 37.06' 1 40 '04'54" 1599.89' LEGEND: SCALE. l' = 60' DATE: 7-19-06 km m P.O.C. —All ACCESS TO PARKING STRUCTURE P.O.C. POINT OF COMMENCEMENT P.O.B. POINT OF BEGINNING P:�PRGJECi 5\02iOOWUfvt!yxDRAVriiiG%Ea!ieitiL4itg\LD'il-ii: Wia terra easement 4i !WILD 114i 666 Ti erny Aulm EvmL 719G6 REVdwg LD 1141 02-100 SHEET 2 OF 2 LINE TABLE LINE LENGTH BEARING L5 144.51' NOQ'03'12"E L6 35.00' N89'57'43"E (RAD) L7 5.94' S8929'32"E L8 32.45' S00'30'30"W L9 5.60' N89'56'48"W L10 60.75' S00'03'12"W CURVE TABLE LINE LENGTH RADIUS DELTA C3 503.30' 466.00' 61'52'56" C4 45.25' 102,00' 25'25'08" CS 1 15.61' 10.00' 89'27'15" C6 15.71' 10.00' 90*00,00" C7 92.38' 210.15' 25*11-131' C8 470.67' 438.00' 61'34'08" LEGEND: ACCESS TO PARKING STRUCTURE SCALE: 1" = 60' DATE: 7-19-06 Engineers /Planners / Surveyors zWD MwiatwEEr,iDneee0. EtwA cAomu 8 76L"404W FAX(94)4ft" ❑ TELtrabees M4 FAx{!O'✓hi U4= SKETCH TO ACCOMPANY LEGAL DESCRIPTION FOR BELLA TERRA EDINGER ACCESS TO _PARKING STRUCTURE �:\ni01"car �1G21uutisurveylGit avviidu�'eas�irtesiis\L'u iitii iieffa terra easemLvii yiiu6%iu ii iY eseik'Teerd nctt csift[ 715u6 iccJ.iiwy