Loading...
HomeMy WebLinkAboutBrindel/Thomas Settlement - Vol 2 0F 2 - 2002-01-07Not Gampardd with Original RECORDING REQUESTED BY: CONNIE BROCKWAY CITY CLERK CITY OF HUNTINGTON BEACH Recorded in Official Records, County of Orange http:/twwv.ci.huntington-beach.ca.us Darlene Bloom, Interim Clerk -Recorder 0 BOX - STREET H IIIIIIIIIIII IIIIIIIIII IIIIIIIIII IIIIIIIIII IIIIIIIIII IIIIINO FEE UNTINGTOTON BEACH C CA 92648 20020713976 02:52prn 08126102 WHEN RECORDED. RETURN TO. 108 as E01 15 0.00 0.00 0.00 0.00 0.00 0.00 0.00 6.00 John A. Thomas 6741 Pimlico Circle Huntington Beach, CA 92648 APN: 110-511-01 (Space above line for recorders use only) This document Is solely for the official business of the City of Huntington Beach, as contem- plated under Government Code Sec. 6103 and should be recorded free of charge. GRANT OF EASEMENT THIS GRANT OF -EASEMENT (this "Agreement°') is made and entered into as of the 4th day of March , 20023 by. and between. THE CITY OF HUNTINGTON BEACH, a California municipal corporation ("Grantor") and John A. Thomas and Linda L. Thomas, ( collectively, "Grantee"). RECITALS A. Grantor is the owner of that certain real property located in the City of Huntington Beach, County of Orange, State of California described on Exhibit A attached hereto and shown on Exhibit B attached hereto and each made a part hereof (the "Easement Area"). B. Grantor desires to grant and Grantee desires to acquire an easement for the purposes described herein which will encumber the Easement Area. NOW THEREFORE, in consideration of the mutual promises contained herein, the parties hereby agree as follows: l . Grant of Easement. Grantor hereby grants to Grantee a non-exclusive easement (the "Easement") over and under the Easement Area for the limited purposes and upon the terns and conditions set forth herein. Grantor reserves the right to use the surface or subsurface of the Easement Area for any purpose which does not materially impair Grantee's use of the Easement for the purposes set forth in this Agreement, including but not limited to, the development and operation of the Easement Area in conjunction with the County of Orange as a portion of the Bolsa Chica Linear Park. PDA: =001 Agree: Thomas — Grant of Easement - Fins! 2. Character of Easement, Termination and Assignment. The Easement is an easement in gross to the Grantee. The Grantee may assign its rights under this Agreement to any successor in interest to Grantee under that certain oil and gas lease described in Exhibit C attached hereto and made a part hereof (the `Bolsa Chica Lease"). The term of this Agreement shall be coterminous with the term of the Bolsa Chica. Lease (i.e., this Agreement shall automatically terminate and be of. no further force and effect upon the expiration or earlier termination of the Bolsa Chica Lease). In su h event, Grantee (or its successors or assignees) shall deliver a quitclaim deed in recordable form evidencing such termination within five business days after written request by Grantor (or its successors in fee ownership to the Easement Area). Except as provided above in this Section 2, Grantee's rights under this Agreement may not be assigned or otherwise transferred. 3. Scope of Easement. The purposes and scope of the Easement shall be limited to (i) the operation and maintenance of the existing subsurface oil pipeline and fresh water pipeline within the Easement Area which services the operations under the Bolsa Chica Lease (the "Easement Improvements") and (ii) surface access to the Easement Improvements over the .. Easement Area. 4. "As -Is" Condition. Grantor expressly disclaims all express or implied representations and warranties as to the physical condition, value, fitness, use, compliance with zoning or other laws, or any other aspect or matter relating to the Easement Improvements. Grantee has made all inspections regarding the Easement Improvements that Grantee deems necessary or desirable. Grantee accepts the Easement. Improvements in their"AS-IS" condition. 5. Obligation to Maintain and Repair. Grantee and its successors and assigns shall, at their sole cost, (i) operate, maintain and repair the Easeement Improvements, and (ii) repair any damage to the Easement Area arising from the use of the Easement. 6. Grantee's Indemnity. Grantee and its successors and assigns shall indemnify, defend, protect and hold Grantor and its successors and assigns and the Easement Area harmless from and against any and all claims, suits, judgments, mechanics liens, actions, losses, obligations or liabilities (including without limitation actual attorneys fees of counsel approved by the indemnified party and costs of suit) of any type or nature arising out of or related to the use of the Easement Area or the Easement Improvements by Grantee or its successors or assigns. 7. No Interference with Park Development and Operation. ` Grantee acknowledges that Grantor, in conjunction with the County of Orange, intends to develop the Easement Area as a portion of the Bolsa Chica Linear Park. Grantee and its successors and assigns shall not interfere, challenge or in any way hinder the development and operation of the park. Grantee and its successors and assigns shall make no claim of compensation against Grantor or any other public agency regarding the development and operation of the Park. PDA: 2001 Aeree: Thomas —Grant of Easerrent -Final • IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. "Grantor" CITY OF HUNTINGTOti BEACH, A California corporation 7 " 9"Ik— Mayor ATTEST: City Clerk APPROVED AS TO FORM: 7,°L 2., City Attorney "Grantee" J �G J A. Thomas Linda L. Thomas . REVIEWED AND APPROVED: Administrator v 3 PDA: 2001 Agree: Thomas — Grant o{ Easement - Final • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of I�z ✓i-w�.� On -4,`cytts. r 'I t _2kr07 - before me, Date personally appeared LJ LAuRAaNELSON Cissomm1226066ion # Notary Public - CafifWft z Orange County My comm. Bq*es 1u123, 2= Name(s) of Signer(s) �Fqiersonally known to me ❑ pr evidence to be the person(lo whose name e subscribed to the within instrument and acknowledged to me that ' e exe-_uted the same in h+eAvrilretr authcrized capacitygD, and that by eir signatures on the instrument the persor<D or the entity upon behalf of which the person sD acted, executed the instrument. WITNESS y hand and official seal. Signature of Notay Public - - - OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could ;revent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: i .Document Date: / �� Number of Pages: 7— ` IA6 _ Signer(s) Other Than Named Above: Joky Q �c �'� �' � nzi-,, P0_,A,.0 �`Atd3$�!-^��/b� �i�Vt-✓� Rp�Qs� f. lG� Capacity(ies) Claimed [bySigner Signer's Namel cTyL a4 (67tfiet ct- EJ Individual ■ r � �y � � Tap of ,hv-o here Corporate Officer — Title(s): �(,i 11 �CG , ❑ Partner — ❑ Limited _ General ❑ Attomey-in-Fact- Trustee Guardian or Conservator Other. Signer Is Representing: � ® 1999 National Notary Assoc:a•.ion - 9350 De Soto Ave.. P.O. S:- 2=02 - C.%atswa mn. CA 91313-2402 - v .nationalmtary.org Prod. No. 5907 Reorder. Cal! -al-Free 1-800.876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California (, ss Countyof GcPian)6 i� On J `)� l 3 a-ou2— before me, G �� P/ Cate Ne.•ne aro _ .._e of Oticer (e.g.. 'Jane Doe, tary P b t ) Z5 personally appeared Sc7l, ice• �%jv,�-c 4S Name(s) of S.V-3,,$) personally known to me y, proved to me on the basis of satisfactory ?: evidence CONNIE BROCKWAY Commission;! 1335148 Z Notary Public - CalNomia Z Orange County My Comm. Expires Dec IS. 2005 to be the personX whose name,(< Bare subscribed to the within instrument and acknowledged to me that('she/they executed the same in Gher/their authorized capacity4e4, and that by Qher/their signature.(a)'bn the instrument the person(4, or the entity upon behalf of which the personal acted, executed the instrument. WITNESS my hand and official seal. '-Signs re of Notary Pubfic - - - OPTIONAL Though the intorma:ion 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: �GS� T Document Date: z;I/ d Z Number of Pages: Signer(s) Other Than Named Above: ZZe.-d& 41 #::! - �,rn -?4ff e� Capacity(ies) Claimed by Signer Signer's Name: 7:50%w: 4. Individual Top of thumb here Corporate Officer — Title(s): u Partner — = Limited --, General 0 Attomey-in-Fact ❑ Trustee ❑ Guardian or Conservator Other: Signer Is Representing: C 1999 National Notary Assodation • ;350 De Soto Ave.. P.O. Box 2402 • Cna:s.vn . CA E-313-2402 • w .na50ranc'Wy.org Prod. No. 5907 Reorder: Call Toll -Free 1-800.876-6627 CALIFORNIA ALL-PURP• ACKNOWLEDGMENT • 9 CONNIE BROCKWAY Commission 8 1335148 Notary Public - California i State of Orange County ' County Of n/1 G- Comm. Btpi� Dec 16.2005 On t 0.2 before me, (di�i7i_e Date Name and Title of officer (e.g..'Jane Doe. Notary Public') personally appeared / riG�-Crril� ' Names) of Signer(s) ! personally known to me — OR . proved to me on the basis of satisfactory evidence to be the person(gj whose name(�f`ls,are subscribed to a within instrument and acknowle ged to me that he/he/they executed the same in his their authorized capacity(ies), and that by his&/their signatureKon the instrument the personK, T;Z CONNIE BROCK'rvAY or the entity upon behalf of which the person,(sracted, , Z. Commission 0133514E executed the instrument. i @11hy Notary Public - C7lfiforni�t ZOrange county WITNESS my hand and official seal. Comm. Etiottes Get 16, 2CO5 . � f Signature of (votary P c 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 r-- Title or Type of Document: Document Date: 422CA h' �}'C�p 91 Number of Pages: �r ;?) Signer(s) Other Than Named Above: = � ti - 1 1 C—s- (Z) Capacity(ies) Claimed by Signer(s) Signer's Name: f1 l i 11A Individual Corporate Officer Title(s)- 0 Partner = O Limited General E. Attorney -in -Fact Trustee _ r- Guardian or Conservator L• Other: Top of thumb e-e Signer Is Representing Signer's Name: ❑ Individual 01 Corporate Officer Title(s): ❑ Partner - ❑ Limited ❑ General O Attorney=in-Fact Trustee Guardian or Conservator ❑ Other: Top of thumb here, Signer Is Representing 0 1995 National N: ary Association - 8236 Remmel Ave.. P.O. Box 7184 -Canoga Park. CA-1309.7184 Prod_ No. 54.7 Reorder: Call Toll -Free 1.800.876.6827 4 PDA: 2001 A.-ree: "Thomas — Grant of Easement - Final EEXHIBIT A EXHIBIT `A' LEGAL DESCRIPTION FOR PIPELINE EASEMENT THAT PORTION OF LINEAR PARK = PARCEL.5 AS DESCRIBED..IN THE DEED TO THE CITY OF HUNTINGTON. BEACH RECORDED %MAY.14; 1995 AS INSTRUMENT -NO. 95- 0102558, OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER, COUNTY OF ORANGE, STATE OF CALIFORNIA. INCLUDED WITHIN A STRIP OR LAND - 10.00 FEET IN WIDTH, THE CENTER LINE OF SAID STRIP BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE EASTERLY LINE OF SAID LINEAR PARK - PARCEL' 5 ' WITH A LINE THAT IS PARALLEL WITH AND 26.00 FEET SOUTHERLY .OF THE SOUTHERLY LINE OF PARCEL 1 AS SHOWN ON THE MAP FILED IN BOOK 42, PAGE 25 OF PARCEL MAPS, RECORDS OF SAID COUNTY; THENCE SOUTH 890 18' 15" WEST 161.49 FEET TO THE WESTERLY LINE OF SAID LINEAR PARK - PARCEL 5. THE SIDELINES OF SAID STRIP ARE TO BE LENGTHENED OR SHORTENED SO AS TO TERMINATE AT THE EASTERLY AND WESTERLY LINE- OF SAID LINEAR PARK - PARCEL 5. a N v NE No. 3347 Exp. 6-30-04 of CAS`' VWSSEN & OCIATES Cr . ENGINEERS - LAND SURVEYORS - PLANNERS 2552 WHI7E ROAD, SUITE B - IRVINE, CA 92614-6236 (9 :9) 660-0110 FAX: 660.041 S LEGAL DESCRIPTION FOR PIPELINE EASEMENT W.O. No. 0808-388-1 Engr. J.W. Chk. D.W. Date 07/18/00 Sheet 1 of 2 • F-$CRfBTT `A' LE(sA.L DESCRIPTION FOR WATER LUNIF EASENL M 7.' THAT PORTION OF LRgFAR PARK PARCEL 5 AS DESCRIBED IN THE ]DEED TO 1 F CITY ..OF HUNTINGTON BEACH RECORDED..MAY .14. 1995 .AS INSTRUMENT N0. 95- 0102558, OFFICIAL RECORDS IN THE OFFICE OF. THE COUNTY. _RECORDER; COUNTY OF ORANGE, STATE OF CALIFORNILk. INCLUDED WITHIN A STRIP OR 1-41ND 20.00 FEET IN WIDTH, THE CENTER LINE OF SAID STRIP BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE EASTERI. Y LIVE OF SAID LINEAR PARK - PARCEL 5 WITH A LINE THAT IS PARALLEL WITH AND 40.00 FEET SOUTHERLY OF THE SOUTHERLY LINE OF PARCEL I AS SHOWN ON 'fHE MAP FILED INT BOO'C 42, PAGE 25 OF PARCEL MAPS, RECORDS OF SAID COUNTY; THENCE SOUTH 890 18' 15" WEST 151.62 FEET TO THE WESTERLY LINE OF SAID LINEAR PARK— PARCEL 5. THE SIDELINES OF SAID STRIP ARE TO BE LENGTFIENTED OR SHORTENED SO AS TO TERMINATE AT THE EASTERLY AND WESTERLY LINE OF SAID LINEAR PARK PARCELS. VKDEN & I-EGAL DESCRIPTIONSO CZATES FOR WATERLINE, EASEMENT CIVILELGt:IcEQS—PIA`' �-RS—L�1�O SURVEYORS W.O. No. 0808-388-1 Date 07/1s/=" 13012 COW.N. SUITE 210 a IRVINE. CA 9!614 Eng. J.W. Chk. D.W. Sheet.1 O 949164M110 FNX' 660.0419 6z�Si CG,J, 6i iClf trod Z�'G EXHIBIT B VIE5TC& LINE OF CITY OF . HLMINGTON BEACH PROPERTY GRANTED 03/14/95 PER IN5T. N0. 45-0102558 OR. ' 16- I IA IC- A L—) ::) A Llli \I 10.00 l.lf YL/lf 1 � !l \ � EASTERLY LINT OF CITY of A 7/�r! Ftf �\.,t �. �. o z ~ 3 HUNTINGTON BEACH PROPERTY z z j LII D 03/14/q5 PER 1N57. N0. 95GRANTf-0102 58 OR � III co Lam— � --�--- SCALE: 1'=100' No. 3347 Exp. WO-04 i �I O�O 2G.00 I ca ca N t W I Its, ia- co J� cq ca N C EDWARDS STREET N 00517G, W ALDEN & EXHIBIT 'B' SKETCH TO ACCOMPANY A SSOCIATES LEGAL DESCRIPTION FOR "PIPELINE EASEMENT 18012 COWAN., SUITE 210, IRYWE, Ca 92714 W.O. No 0808-388-001 Date 0_ (714) 680-6120 FAX: 660-0418 Engr. ,GW. Chk.-V.�_ Sheet-L-0i1 0I EASTERLY LINE OF CIT7 Of HUNTINGTON BEACH PROPERTY .GRANTED 03/14/95 PER INST. NO. a5-0102558 OR. SCALE; 1•==100' • WE STERLY LIRE 'or � _ of . HUNTINGI"ON BEACH XTY GRAI90 U3/14/05 PER INST. NO. 95-0102558 OR. ! 1 !r 4 R PAT:," PfA C3 /f Q` L� •`'� Y Z.( 2 � ALD E N & fxnleiT OB. SKETCH TO ACCOMPANY A SS 0 CIATES LEGAL DESCRIPTION FOR WATER LINE EASEMENT i8012 COWAN, SUITE 210, IRVINE, CA 92714 W.O. No 0808 - -001 pate 07/ .. (714) 880-0110 FAX: 680-0416 Engr.�-Ch'k. R.W. _ Sheet 2 6Z=ST coo 6T -nr Sod EEL EXHIBIT "C" BOLSA CHICA 'L•EASE An Oil and Gas Lease dated January 1, 1920, executed by Bolsa Land Company and Bolsa Chica Gun Club, as Lessors, an Standard Oil Company, as Lessee, and recorded February 14, 192 in Book .19., . Page .168 of Leases,. of Records of Orange County, ..California, as'amerided by. that. instrument executed by Bolsa Land Company and Standard oil Comoany.of California recorded December 23, 1941 in Book 1128, Page 1 of official Records, ari as further amended by that Line Well Agreement executed by Huntington Beach Company, Edward R. Valentine, and Standard-oi Company of California recorded September 22, 1963 in Book.767! Page 794 of Official Records, which covers the following described property: Being a portion of Section 34, Township 5 South, Range 11 West in the County of Orange, State of California, as shown on the nap recorded in Book 51, Page 13 of Miscellaneous Maps,. Records of said County, more particularly described as follows: Beginning at the southeast corner o� the Northeast Quarter of the Southeast Quarter of the Southeast Quarter of the Northwest Quarter of said Section .34; thence north 1591.66 feet; thence south 51927100" west,-2281.17 feet; thence. south 2150 feet more or. - less, to the north line of.the South Half of the Northwest Quarter of the Southeast Quarter of the, Southwest Quarter of said Section 34; thence east 818 feet; thence north 1320 feet; thence east 330 feet; thence north 666 feet; thence east 660 feet to the -point of beginning. Excepting therefrom that portion of the above mentioned parcel described as -follows: Beginning at a point in the easterly line of that certain parcel of land described as "Parcel 1" in Amendment to oil and Gas Lease, recorded December 23, I941, : in Book 11.28,' Page .1 of Official Records, in the office of. said Recorder, said point lying north 1091.661.from the southeast corner of the Northeast Quarter of the Southeast Quarter of the Southeast Quarter of the Northwest Quarter of said Section 34; thence along the boundary of said "Parcel 1" by the following courses and distance: north SOO.001, west 20.00' and south 51*27100" west 605.011; thence south 76*00100" east 508.261 to the point of beginning; consisting of 2.74 acres, more or less. EXHIBIT,"C" (9) • March 4, 2002 - Council/Agency Minutes - Page 9 Mayor Pro Tern Bauer reported on the anticipated need to find alternatives to transportation, including light and high-speed rail systems. He referred to a map on the wall, which is also included in the agenda packet, titled Alternative B — BRT on the PE R/W — WOC Project Definition Study. Mayor Pro Tern Bauer introduced OCTA Representative Paul Rodriguez as present in the audience. Mayor Pro Tern Bauer referred to the Mayor's upcoming Training Workshop regarding Regional Transportation Issues. (City Council) Public Hearing - Approved Zoning Text Amendment No. 02-03 Affecting the Ellis-Goldenwest Specific Plan — Approved Introduction of Ordinance No. 3542 Repealing Ordinance No. 3287 (Relating to Designation of a Future Neighborhood Park Site Per Settlement and Release Agreement Approved Between Brindle/Thomas, et al. and City, OCSC No. 750203) (450.30) Mayor Pro Tern Bauer announced that this was the time scheduled for a public hearing to consider the following: Applicant: City of Huntington Beach, City Attorney' Office. (The Settlement and Release Agreement was approved by the City Council on January 7, 2002.) Request: To amend Specific Plan No. 7 (Ellis-Goldenwest Specific Plan) by repealing Ordinance No. 3287. The repeal of the Ordinance would remove the neighborhood park site designation from Tract 306 within the Specific Plan area. Location: Ellis-Goldenwest Quartersection (between Ellis and Garfield Avenues and Edwards and Goldenwest Streets). Environmental Status: This item is categorically exempt from the provisions of the California Environmental Quality Act. Legal notice as provided to the City Clerk's Office by staff had been mailed, published and posted. City Administrator Ray Silver and City Attorney reported on the settlement of the lawsuit and the rezoning of the property. Mayor Pro Tern Bauer declared the public hearing open. Gerald Chapman, resident of the Ellis-Goldenwest Specific Plan Quartersection area, quoted Page No. D-1.2 of the staff report relative to the effect of the repeal of Ordinance No. 3287 on the neighborhood park in question. He inquired if the Legislative Draft included with the staff report is correct. Dr. Chapman spoke regarding the value of the residential property to be conveyed to the Brindle and the Thomas families. He requested that the neighborhood park site designation remain as it was in the original Specific Plan, prior to the adoption of Ordinance No. 3287. There being no persons present to speak further on the matter and there being no further protests filed, either written or oral, the Mayor Pro Tern declared the public hearing closed. • (10) March 4, 2002 - Council/Agency Minutes - Page 10 Planning Director Howard Zelefsky ascertained for the public speaker that the Legislative Draft is correct. City Attorney Gail Hutton responded to Mayor Pro Tern Bauer relative to the legal ramifications of the decision, stating that the damages can be substantially greater than mandated by the court if the city does not comply. A motion was made by Dettloff, second Green after City Clerk read by title, to approve introduction of Ordinance No. 3542 — "An Ordinance of the City of Huntington Beach Repealing Ordinance No. 3287 Related to the Designation of a Future Park Site Within the Ellis-Goldenwest Specific Plan Area." The motion carried by the following roll call vote: AYES: Green, Dettloff, Bauer, Winchell NOES: None ABSENT: Cook, Houchen, Boardman (City Council) Public Hearing Opened and Continued Open to March 18, 2002 to Consider Approval of Zoning Map Amendment No. 01-03 of Subareas A through D (General Plan Consistency) — Approve Introduction of Ordinance Nos. 3543, 3544, 3545, and 3547 (440.50) Mayor Pro Tem Bauer declared that this was the time for a public hearing to consider the following: Applicant: City of Huntington Beach, Planning Department. Request: To rezone four subareas of properties to make the zoning designations consistent with the current General Plan land use designations as follows: Subarea A (McCallen Park/Boy's and Girl's Club): Rezone from RM-O (Residential Medium Density with Oil District Overlay) to OS -PR (Open Space -Park and Recreation). Location: 2309 Delaware Street (west side, south of Yorktown Avenue). Subarea B (Church of Jesus Christ of Latter Day Saints): Rezone from RM (Residential Medium Density) to PS (Public -Semipublic). Location: 19191 171h Street (west side, north of Clay Avenue). Subarea C (Water Division OfficeNard): Rezone from IL (Limited Industrial) to PS (Public - Semipublic). Location: 19001 Huntington Street (southwest corner of Huntington Street and Garfield Avenue). Subarea D (Seniors Center): Rezone from OS -PR (Open Space -Park and Recreation) to PS (Public -Semipublic). Location: 1706 Orange Avenue (northwest corner of 171h Street and Orange Avenue). Environmental Status: This item is covered under Final Environmental Impact Report No. 94-1. A PowerPoint presentation titled Zoning Map Amendment No. 01-03 (General Plan Consistency) was included in the agenda packet. Legal notice as provided to the City Clerk's Office by staff had been mailed, published and posted. • • `' Not Compared with Original RECORDING REQUESTED BY: CONNIE BROCKWAY CITY CLERK CITY OF HUNTINGTON BEACH h ttp ://wvAv. c i. h u n t i n g t o n -beach . ca . u s P O BOX 190 - 2000 MAIN STREET HUNTINGTON BEACH CA 92648 WHEN RECORDED RETURN TO: John A. Thomas 6741 Pimlico Circle Huntington Beach, CA 92648 APN: 110-511-01 Recorded in Official Records, County of Orange Darlene Bloom, Interim Clerk -Recorder IIIIIIIIIIIIINIIIIIIIIIIIIIIIIIIIIIIIIIIIIIINiIIIIiIIIINO FEE 20020713976.02`52pm 08126102 109 45 E01 15 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 (Space above line for recorders use only) This document is solely for the official business of the City ~~ of Huntington Beach, as contsm= plated under Government Code' Sec. 6103 and should be recorded free of charge. GRANT OF EASEMENT THIS GRANT. OF EASEMENT (this "Agreement") is made and entered into as of the 4th day of March , 2002, by and between THE CITY OF HUNTINGTON BEACH, a California municipal corporation ("Grantor") and John A. Thomas and Linda L. Thomas, ( collectively, "Grantee"). RECITALS . A. Grantor is the owner of that certain real property located in the City of Huntington Beach, County of Orange, State of California described on Exhibit A attached hereto and shown on Exhibit B attached hereto and each made a part hereof (the "Easement Area"). B. Grantor desires to grant and Grantee desires to acquire an easement for the purposes described herein which will encumber the Easement Area. NOW THEREFORE, in consideration of the mutual promises contained herein, the parties hereby agree as follows: 1. Grant of Easement. Grantor hereby grants to Grantee a non-exclusive easement (the "Easement") over and under the Easement Area for the limited purposes and upon the terns and conditions set forth herein. Grantor reserves the right to use the surface or subsurface of the Easement Area for any purpose which does not materially impair Grantee's use of the Easement for the purposes set forth in this Agreement, including but not limited to, the development and operation of the Easement Area in conjunction with the County of Orange as a portion of the Bolsa Chica Linear Park. PDA: 2001 Agree: Thomas — Grant of Easement - Final 2. Character of Easement; Termination and Assignment. The Easement is an easement in gross to the Grantee. The Grantee may assign its rights under this Agreement to any successor in interest to Grantee under that certain oil and gas lease described in Exhibit C attached hereto and made a part hereof (the `Bolsa Chica Lease"). The term of this Agreement. shall be coterminous with the term. of the Bolsa Chica Lease (i.e., this Agreement shall . automatically terminate and be of no further force and effect upon the expiration_or_ earlier termination of the Bolsa Chica Lease). In such event, Grantee (or its successors or assignees) shall deliver a quitclaim deed in recordable form evidencing such termination within five business days after written request by Grantor (or its successors in fee ownership to the Easement Area). Except as provided above in this Section 2, Grantee's rights under this Agreement may not be assigned or otherwise transferred. 3. Scope of Easement. The purposes and scope of the Easement shall be limited to (i) the operation and maintenance of the existing subsurface oil pipeline and fresh water pipeline within the Easement Area which services the operations under the Bolsa Chica Lease (the "Easement Improvements") and (ii) surface access to the Easement Improvements over the Easement Area. 4. "As -Is" Condition. Grantor expressly disclaims all express or implied representations and warranties as to the physical condition, value, fitness, use, compliance with zoning or other laws,'or any other aspect or matter relating to the Easement Improvements. Grantee has made all inspections regarding the Easement Improvements that Grantee deems necessary or desirable. Grantee accepts the Easement Improvements in their. "AS -IS" condition. 5. Obligation to Maintain and Repair. Grantee and its successors and assigns shall, at their sole cost, (i) operate, maintain and repair the Easeement Improvements, and (ii) repair any damage to the Easement Area arising from the use of the Easement. 6. Grantee's Indemnity. Grantee and its successors and assigns shall indemnify, defend, protect and hold Grantor and its successors and assigns and the Easement Area harmless from and against any and all claims, suits, judgments, mechanics liens, actions, losses, obligations or liabilities (including without limitation actual attorneys fees of counsel approved by the indemnified party and costs of suit) of any type or nature arising out of or related to the use of the Easement Area or the Easement Improvements by Grantee or its successors or assigns. 7. No Interference with Park Development and Operation. Grantee acknowledges that Grantor, in conjunction with the County of Orange, intends to develop the Easement Area as a portion of the Bolsa Chica Linear Park. Grantee and its successors and assigns shall not interfere, challenge or in any way hinder the development and operation of the park. Grantee and its successors- and assigns shall make no claim of compensation against Grantor or any other public agency regarding the development and operation of the Park. PDA: 2001 Agree: Thomas - Grant of Easement - Final .. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. "Grantor" "Grantee" �l CITY OF HUNTINGTON BEACH, A California corporation J A. Thomas C-/�JJ Mayor Linda L. Thomas ATTEST:' REVIEWED AND APPROVED: City Clerk APPROVED AS TO FORM: Administrator 7-04 ED AND PROVED: City Attorney Pu orks Director 3 PDA: 2001 Aeree: Thomas — Grant of Easement - Final 3 CALIFORNIA- ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of ox,. On (,I.` tg- r `fit Ztrn'L before me, — Date personally appeared LJLZ, CAL LAURA A.�LS commission" 066 S Notary Public - CatiforrJa Z Orange County My Comm. Fgaes Jul 23, 4D03 Name and Ttte of Officer (e.g.. Vand D Nozry Publi ' Name(s) of Signer(s) personally known to me pr9►csd-4e--me-eftt„e- eyfdence to be the person(ilo whose name subscribed to the within instrument and acknowledged_ to me that a executed the same in ts7'Fter/ efr authorized capacity, and that by eir signatur son the instrument the person(D or the entity upon behalf of which the person(' acted, executed the instrument. WITNESS y handandofficial seal. Signature Of No;a 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: d l_4 Document Date: :3/q / .?- Number of Pages: %— Signer(s) Other Than Named Above: Solo, A_CK�� L r,. & �• S ' '� �a,uc �j'Acaasa-fro, 341V-Gr Robm.4 Capacity(ies) Claimed rrbySigner / �i Signer's Name: ,, �^%U-C ❑ Individual A/ �n 7LOfthumbX Corporate Officer — Title(s): 9 by lY ❑ Partner — ❑ Limited7— General ❑ Attorney -in -Fact ❑ Trustee 01 Guardian or Conservator ❑ Other: Signer Is Representing: �` V II-/0. ft-11 � 0 1999 National Notary Association - 9350 De Soto Ave., P.O. Box 242 - Chatsworth. CA 91313-2.02 - ww .nationalnotay.org Prod. No. 5907 Reorder. Ca!l Toll -Free 1.800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California /± j SS. S/t County of efiNG F-- On ���'� 3 1 , a-ou2— before me, t-- 0 '1?1 ec -3I -C,C_ r Ca:e Nama arc':e of Officer (e.g-. 'Jane Doe, Nbtary Public') personally appeared SO% iL/ ,!�•v� 4S Nanne(s) of S:g-a :.$) a<ersonally known to me ❑ proved to me on the basis of satisfactory evidence CONNIE BROCKWAY Commission 8 1335148 Z i .� Notary Public - California z Z Orange County My Comm. Expires Dec 16, 2005 to be the person,(sf whose namo<gare subscribed to •. the within instrument and acknowledged to me that&she/they executed the same in Gher/their authorized capacity(aaG), and that by Oher/their signature4eybn the instrument the personal, or the entity upon behalf of which the person(sl acted, executed the instrument. . WITNESS my hand and official seal. t Signa re of Notary 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: (fG u / Document Date:�62e � O d Z Number of Pages: Signer(s) Other Than Named Above: ZZe;R& T Capacity(ies) Claimed by Signer Signer's Name: SJhN g •.sic A S Individual Top of thumb here -i Corporate Officer— Title(s): 0 Partner — = Limited ❑ General J Attorney -in -Fact Trustee 10 Guardian or Conservator Other: Signer Is Representing: 01999 Na:onal Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313.2402 - www.nalioraJncL--y.org Prod. No. 5907 Reorder: Call Toll -Free 1.800-876-6827 CALIFORNIA ALL-PURPOAPACKNOWLEDGMENT • State of County of na:lwc, 2 9 CONNIE BRoCKWAy Commission f 1335148 Notary Public - California = Orange County > W Comm. t moires Dec 16. 2M5 On t 0.2 before me, _,011c Data Name and Title of' Officer (e.g., •Jane Doe, Notary Public personally appeared )-/ V7d4:- �- �Ulw4s Name(s) of Signer(s) personally known to me - OR - proved to me on the basis of satisfactory evidence to be the person(•sj whose name(a�fsirare subscribed tolbe within instrument and acknowle ged to me that he/ he/they executed the same in his their authorized capacity(ies , and that by his0e /their signatureKon the instrument the person{, CONNIE BROCK'nrAY or the entity upon behalf of which the person'acted, Commission 133514E executed the instrument. Z -a Notary Public - California Orange county r WITNESS my hand and official seal. Signature of No:a.•y P. c 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 Dater �{ �-ao Number of Pages: Signer(s) Other Than Named Above: -�-�- n iU l� - d'Lit_c.S Capacity(ies) Claimed bySigner(s) Signer's Name: k ill& /j• (Individual Corporate Officer Title(s): ❑ Partner — ❑ Limited ❑ General ❑. Attorney -in -Fact Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing Top of thumb he-e Signer's Name: i i Individual Corporate Officer Title(s): Partner—[] Limited --'General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing Tcp of thumb here 01995 National Notary Association • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park. CA:1309.7184 Prod. No. 5907 Reorder: Call Toll -Free 1.800.876.6827 PDA: 2001 Agree: Thomas — Grant of Easement - Final EXMJT `A' • LEGAL DESCIUPTION FOR PIPELINE EASEMENT THAT PORTION OF LINEAR PARK -= PARCEL 5 AS DESCRIBED. IN THE DEED. TO THE CITY OF HUNTINGTON BEACH RECORDED =MAY 14, 1995 AS INSTRUMENT. NO. 95- 0102558, OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER, COUNTY. OF ORANGE, STATE OF CALIFORNIA. INCLUDED WITHIN A STRIP OR LAND 10.00 FEET IN WIDTH, THE CENTER LINE OF SAID STRIP BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE EASTERLY LINE OF SAID LINEAR PARK - PARCEL' 5 VITH A LINE THAT IS PARALLEL WITH AND 26.00 FEET SOUTHERLY OF THE SOUTHERLY LINE OF PARCEL 1 AS SHOWN ON THE MAP FILED IN BOOK 42, PAGE 25 OF PARCEL MAPS, RECORDS OF SA]D.COUTNTY; THENCE SOUTH 890 18' 15" WEST 161.49 FEET TO THE WESTERLY LINE OF SAID LINEAR PARK — PARCEL 5. THE SIDELINES OF SAID STRIP ARE TO BE LENGTHENED OR SHORTENED SO AS TO TERMINATE AT THE EASTERLY AND WESTERLY LINE. OF SAID LINEAR PARK — PARCEL 5. No. 3347 Exp. 6-30-04 ALDEN & VrIJILSSOC.IATES CIVIL ENGINEERS - LAND SURVEYORS - PLANNERS 2552 WH ME ROAD, SUCCE B • IRVINE, CA 92614-6236 (949) 660-0110 . FAX: 660-0418 LEGAL DESCRIPTION FOR PIPELINE EASEMENT W.O. No. 0808-388-1 Engr. J.W. Chk. D.W. Date 07/18/00 Sheet 1 of 2 v • EX.RfBTL-F `A' • L?E(sA L DESCIRIPTW N FOR Nv.4IERLIi'E E AS: LiE_,-T THAT PORTION OF LINEAR PARK PARCEL 5 AS DESCRIBED IN THE DEED TO THE CITY OF HUNTINGTON BEACH RECORDED MAY 14. 199.5 AS INSTRUMENT N0. 95- 0102558 OFFICLAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER, COUNTY OF ORANGE, STATE OF CALIFOWIA_ INCLUDED WITHIN A STRIP OR LAND 20.06 FEET IN WIDTH, THE CENTER LT.NE OF SAID STRIP BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF. THE EASTERLY LNE OF SAID LINEAR PART{ - *ARCEL 5 W1TH A LINE THAT IS PARALLEL WITH AND 40.00 FEET SOUTHERLY OF THE SOUTHERLY LINE OF PARCEL 1 AS SHOWN ON 'ERE MAP FILED IN BOOK 42, PAGE 25 OF PARCEL MAPS, RECORDS OF SAID COUNTY; THENCE SOUTH 891, 18' 15" WEST 151.62 FEET TO THE WESTERLY LINE OF SAID LINEAR PARK — PARCEL S. THE SIDELINES OF SAID STRIP ARE TO BE ,LENGTHENED OR SHORTENED SO AS TO TERM NATE AT THE EASTERLY AND WESTERLY LINE OF SAID LINEAR PARK — PARCEL 5. . VKDEN & SO CIATES CIV1LE'4GiJi`r.EAS—PLA,"tERS—LAtiD SORWEYORS 13012 COWAN. SUITE 210 & WINS. CA 9;614 94916AO-0110 FAX:660.0-315 [.EGAL DESCRIPTION FOR WATERLINE EASEMENT W.O. No: 0808-388-1 Date 07/18/0 End-. Y.W. Chk. D.W. Sheet 1 of 6Z:GT 00, 6T _nr t0d EEL In EXHIBIT B • WESICRLY LINE Or ciTY Or HUNTINGTON BEACH PROPERTY GRANTED 03/14/95 PER IN51: ND 95-0102558 OR I-IAIC' A7 L.II vL-nI % i �nr\A'I71i 10.00 ..EASTERLY LINE Or CITY Or �"�'�� � nr �vt_L. .!. p z 3 HUNTINGTON BEACH PROPERTY � z III • GRANTED 03/14/95 PER INST.cc ? NO. 95-0102558 O.R. m I N � SCALE: 1'=100' c EDWARDS STREET N 00'512G' W 2G.00 ul �J N >Ll cp W Z � 4 tl� 1 J � A "' 659.96' ALDEN & EXHIBIT V SKETCH TO ACCOMPANY A SSOCIATES LEGAL DESCRIPT►oN_ rOR PIPELINE EASEMENT 18012 COWAN, SUITE -210, MINE, CA 92714 W.O. No 0808-388-001 07/18/' (714) 680-0110 FAX: 660-0418 - Date_--- EnQr. JX Chk.�- Sheetl.Of.I WESTERLY LM'OF *FR of HUNTIHGTON BEAGHERTT • GRAFTED U3/14/Q5INST. NO. 95-0102558 O.R. r rLit�VLn� 0�r,il 1 Irl .EASTERLY LINE OF CITY orD A �nrr as HUNT'INGTON BEACH PROPERTY � n, GRANTED 03/14/98 PER INST. b 80. 45-010.2558 `O.R. SCALE. 1'=100' No. 3347 Exp. 6-30-01 �.� cr C) 7� 0.0 r M EDWARDS STRUT N 00'51 26' W w N d w LDEN & ExnlBir "Bit SEE H To ACCOMPANY A SSOCIATES LEGAL DESCRIPTION FOR WATER LINE EA5EMENT 16012 COWAN, SUITE 210, IRVINE, CA 92714 W.O. No 0808_�w-o01 Date 07/ (714) 860-0110 FAX: 860-0418 Enar. J.W, _Chk, D.W, Sheet 2 62:St 09, 6i -rX Sod EEL EXHIBIT "C" BOLSA CHICA 'LEASE IAn Oil and Gas Lease dated January 1, 1920, executed by Bolsa Land Company and Bolsa Chica Gun Club, as Lessors, an Standard bil'Company, as Lessee, and recorded February 14, 192 in Book 19, Page 168 of Leases, of Records of Orange County, California, as amended by that instrumentexecuted by Bolsa Land Company and Standard oil Company of California recorded December 23, 1941 in Book 1128, Page 1 of Official Records, ar as further amended by that Line Well Agreement executed by Huntington Beach Company, Edward R. Valentine, and Standard of Company of California recorded September 22, 1965 in Book. 767E Page 794.of Official Records, which covers the following described property: Being a portion of Section 34, Township 5 South, Range 11 West in the County of Orange, State of California,..as shown on the map recorded in Book 51, Page 13 of Miscellaneous Maps, Records of said County, more particularly described as follows: Beginning at the southeast corner of the Northeast Quarter of the Southeast Quarer of the Southeast Quarter of the Northwest Quarter of said Section 34; thence north 1591.66 feet; thence south 51.27100" west 2281.17 feet;. thence south 2150 feet; more or less,. to the north line of the South.Half of the Northwest Quarter of the Southeast Quarter of" the Southwest Quarter of said Section 34; thence east 818 feet; thence north 1320 feet; thence east 330 feet; thence north.660 feet; thence east 660 feet to the -point of beginning. Excepting therefrom that portion of the above mentioned parcel described as follows: Beginning at a point in the easterly 1•ine of that certain parcel of land described as "Parcel 1" in Amendment. to Oil and Gas Lease, recorded December 23, 1941, in Book 1128, Page l of Official Records, in the Office of said Recorder, said point lying north 1091.66 1. from the southeast corner of the Northeast Quarter of the Southeast Quarter of the Southeast Quarter of the Northwest Quarter of said Section 34; thence along the boundary of said "Parcel 1" by the following courses and distance: north 500.001, west 20.00' and south 51*27100" west 605.011;"thence south 76*00100" east 508.261 to the point of beginning; consisting of 2.74 acres, more or less. EXHIBIT "C" • CITY CLERICS ORIGINAL Recorded in Official Records, County of Orange Darlene Bloom, Interirn Clerk -Recorder RECORDING REQUESTED BY,.AND ) 11111111111111111lid 11111111111111 HE h1i 11111111116.00 WHEN RECORDED RETURN TO: ) 20020815766 08-.55am 09/24/02 Michael H. Leifer, Esq. ) 130 11 G02 I Palmieri, Tyler, Weiner, Wilhelm & Waldron ) 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Suite 1300 - East Tower ) 2603 Main Street ) Irvine, CA 92614-6228 ) --�— 140 C 0 rrSl De121y'(lot� [Space Above This Line For Recorder's Use] DO ENTARY TRANSFER TAX $ ^ / Computed on the consideration or value of property conveyed; OR Computed on the consideration or value of less liens or encumbrances ✓� remaining at time of sale Signature of Declarant or Agent determining tax I APN(s) 110-221-05, 110-221-16, 110-221-17, 110-221-25, 110-222-03, 110-222-15, 110-222-17, 110-222-29, 110-222-30 GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, The CITY OF HUNTINGTON BEACH, a California municipal corporation, hereby GRANT(S) to RONALD I: BRINDLE, EMILY ANN BRINDLE, JOHN A. THOMAS, and: LINDA L. THOMAS, all as Tenants in Common, the real property in the City of Huntington Beach, County of Orange, State of California,, described as: LOTS 05, 16, 17, 25, 29, 30, 47, 48, 51, AND 53, OF TRACT 306 AS SHOWN ON A MAP RECORDED IN BOOK 14, PAGE 28 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA Dated: $ a , 2002 STATE OF CALIFORNIA ) )ss. COUNTY OF ORANGE ) On ��, 2002, before me, L VA ATTEST: City Clerk personally a eared-Qebhr'e `-60L- and v 0 personally known to me • eAee)TERYLL L 10NG to be the person(s) whose name(s)' ar subscribed to _%WCa=.B#%0ct12.2M3 Commission01237815 the within instrument a acknowledged to me that-1;e4he-M1!� Notay Public- Cclffwft executed the same in authorized capacity(ies), Orange County and that by i ei signature(s) on the instrument the person(s) or the entity upon behalf of which ther person(s) acted, executed the instrument. WITNESS my hand pnd official seal. , - (This area for official notarial seal) Signature MAIL TAX STATEMENTS TO PARTY SHOWN ON FOLLOWING LINE: Michael H. Leifer, Esq. Palmieri, Tyler, Weiner. Wilhelm & Waldron 2603 Main Street, Suite 1300 - East Tower Irvine, CA 92614-6228 LJ � Cloplv 3 RECORDING REQUESTED BY, AND ) WHEN RECORDED RETURN TO: ) Michael H. Leifer, Esq.. ) Palmieri, Tyler, Weiner, Wilhelm & Waldron ) Suite 1300 — East Tower ) 2603 Main Street ) Irvine, CA 92614-6228 ) DOP4ENTARYTRANSFERTAX$ f4o C0r461DC_1Zh(loP Computed on the consideration or value of property conveyed; OR Computed on the consideration or value of less liens or encumbrances remaining at time of sale APN(s) 110-221-05, 110-221-16, 110-221-17, 110-221-25, 110-222-03, 110-222-15, 110-222-17, 110-222-29, 110-222-30 Recorded in Official Records, County of Orange Darlene Bloom, Interim Clerk -Recorder (IIIII IIIII 1111111111111111111111111111111111111111111116.00 20020815766 08:55am 09124102 130 11 G02 1 . 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 [Space Above This Line For Recorder's Use] A Signature of Declarant or Agent determining tax GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, The CITY OF HUNTINGTON BEACH, a.California municipal corporation, hereh;r GRANT(S) to RONALD I. BRINDLE, EMILY ANN BRINDLE, JOHN A. THOMAS, and LINDA L. THOMAS, all as Tenants in Common, the real property in. the City of Huntington Beach, County.of Orange, State of California, described as: LOTS 05, 16, 17, 25, 29, 30, 47, 48, 51, AND 53, OF TRACT 306 AS SHOWN ON A MAP RECORDED IN BOOK 14, PAGE 28 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA Dated: g a , 2002 STATE OF CALIFORNIA ) )ss. COUNTY OF ORANGE ) On MAY , 2002, before me, ATTEST: City Clerk personalty a eared-Debbr'e 'E GW L- and v (� personally known to me TERVLL L KING to be the person(s) whose name(s)4 ar subscribed to _ Commission 1237815 . the within instrument a acknowledged to me thaW+ekbe� Notary PLUIC - Cdfforrtb executed the same in authorized capacity(ies), Orange County and that by ' ei signature(s) on the instrument the AVCornrn.bpWwOct122IXI3 person(s) or the entity upon behalf of which ther person(s) acted, executed the'instrument. WITNESS my handpnd official seal. ; - (This area for official notarial seal) Signature MAIL TAX STATEMENTS TO PARTY SHOWN ON FOLLOWING LINE: Michael H. Leifer, Esq. Palmieri, Tyler, Weiner, Wilhelm & Waldron 2603 Main Street, Suite 1300 — East Tower Irvine, CA 92614-6228 See w #ae. 0 0JI4.p • ��. ae r�dFp J RECORDING REQUESTED BY, AND WHEN RECORDED RETURN TO: Michael H. Leifer, Esq. Palmieri, Tyler, Weiner, Wilhelm & Waldron Suite 1300 = East Tower 2603 Main Street Irvine, CA 92614-6228 DO ENTARY TRANSFER TAX $ Computed on the consideration or value of property conveyed; OR _Computed on the consideration or value of less liens or encumbrances remaining at time of sale APN(s) 110-221-05, 110-221-16, 110-221-17, 110-221-25, 110-222-03, 110-222-15, 110-222-17, 110-222-29, 110-222-30 [Space Above This Line For Recorder's Use] .001 ✓v Signature of Declarant or Agent determining tax GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, The CITY OF HUNTINGTON BEACH, a California municipal corporation, -hereby GRANT(S) to'RONALD (. BRINDLE, EMILY ANN BRINDLE, JOHN A. THOMAS; and LINDA L.. THOMAS, all as Tenants.in Common, the real property in the City of Huntington Beach, County of Orange, State of California, described as: LOTS 05, 16, 17, 25, 29, 30, 47, 48, 51, AND 53, OF TRACT 306 AS SHOWN ON A MAP RECORDED IN BOOK 14, PAGE 28 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA Dated: g a , 2002 ayor o n STATE OF CALIFORNIA )ss. ATTEST: e COUNTY OF ORANGE ) On 2002, before me, s i9"L' , City Clerk Z persona y aff eared and ` personally known to me (� A • 1ERl'LL L K]NG y «. to be the person(s) whose name(s) ' ar subscribed to _ Commission 0 12115 0 O the within instrument and, acknowledged to me that-w4heA'Py Notary Public - Ca famia Q�r executed the same in authorized capacity(ies), Orange County Q+ � ' ei signature(s) on the instrument the WComm.BowOctl2 and that by �i person(s) or the entity upon behalf of which ther person(s) acted, executed the instrument. WITNESS my hand nd of/ficinal s(e/a�l. (This area for official notarial seal) Signature MAIL TAX STATEMENTS TO PARTY SHOWN ON FOLLOWING LINE: Michael H. Leifer, Esq. is eelely4brlhe Palmieri, Tyler, Weiner, Wilhelm & Waldron 2603 Main Street, Suite 1300 - East Tower Irvine, CA 92614-6228 RETURN ADDRESS: a vvv /- u vq�-, & Cct qa-(049 4 !tC T 9® SC P Regretfully your unrecorded naming together with your remittance of $ , Ck. No. is being returned as your document is deficient in the area(s) indicated below: (1) The recorder can find no provision in the law authorizing the recording of the enclosed document(s). (2) Recording cannot be performed in this county. Please forward your document to County Recorder. (3) For proper indexing: a. "Et al" is not acceptable; all parties must be named. b. The name of the company, corporation or partnership must be at the signature point. c. The trustee of a trust must be identified as such. d. The names in the caption, execution and notary acknowledgment must match. e. The caption of the document and signature point need to identify who the custodian/agent represents (4) The Documentary Transfer Tax declaration must be completed to show either the amount of tax due or an acceptable reason for exemption. (See enclosed bulletin.) If there is "No consideration," document must so state. (5) The city where the property is located or "unincorporated area," is required on the deed and the tax declaration must indicate how the tax was computed. (6) The preliminary change of ownership report is required. Please complete or correct the areas marked in red. (7) The notary acknowledgment is incomplete (please see red mark) or is on an outdated form. A "General Acknowledgment" form is required. (See enclosed sample.) (8) The notary seal is illegible. You may have the notary restamp the document clearly or you may complete the enclosed certification under the penalty of perjury. Adding the "Penalty of Perjury" statement will increase the fee by $ (9) Portion(s) of the document are illegible (please see red mark). You may execute and submit a new original, or complete the enclosed certification under penalty of perjury. Adding the "Penalty of Perjury" statement will increase the fee by $ (10) The legal description/exhibit has been omitted. All exhibits must be referenced in the body of the document and appropriately labeled. (11) Recording reference (date and document number or book -and _ page) of the prior recorded document is incorrect or was omitted. (12) Abstracts of judgment must contain the address of the judgment creditor(s), the address of the judgment debtor(s) and the address at which the summons was served or mailed. (13) Pursuant to Government Code sections 27288.1 and 27201, all parties whose interest is affected must be named and identified (i.e. owner etc.). . (14) To properly perfect a security interest, this UCC-1 must be filed with the Secretary of State, Uniform Commercial Code Division, P.O. Box 1738, Sacramento, CA 95808, unless it is a "fixture filing" pursuant to UCC section 9313. Any Financing Statement covering fixtures must include a statement that it is a fixture filing to be recorded in the real estate records, a description of real property in Orange County and, if the debtor does not own the real property, the name of the owner. (1-5) We have received your check without a documert or -letter of -instruction. We are unable to determine the intent of the fees. (16) The correct fee is $ document, the fee will incr Asea stated on the (17) OTHER: / �� B jq* THANK YOU FOR YOUR COOPERATION DARLENE J. BLOOM INTERIM COUNTY CLERK -RECORDER BY J I WA De uty Recorder b F0662-105 (R10/96) If an attachment is added to the fee schedule. e .Please return to: Clerk -Recorder P.O. Box 238 Santa Ana, CA 92702-0238 (714) 834-2887 cIT7A1Ty Council/Agency Meeting Held: 43-04-02 Deferred/Continued to: Approved ❑ Conditio ally Approved ❑. Denied _ )R Cit Cle k s Signature Council Meeting Date: March 4, 2002 Department ID Number- CA 02-08 C-- Q �L CITY OF HUNTINGTON BEACH rT; REQUEST FOR COUNCIL ACTION cow.. SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEi /ABFRSy ^ p SUBMITTED BY: GAIL HUTTON, City Attorney PREPARED BY: GAIL HUTTON, City Attorney ti SUBJECT: Implementation of Settlement and Release Agreement between Brindle/Thomas and the City of Huntington Beach regarding the matter of Brindle, et al. v. City of Huntington Beach, et al., OCSC 750203 Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: Whether to implement the Settlement And Release Agreement between Brindle/Thomas and the City of Huntington Beach regarding the matter of Brindle, et al., v. City of Huntington Beach, et al. OCSC 750203. Funding Source: Self -Insurance Liability, Liability/Settlement, Account No. 55235610.725 25. Recommended Action: (Motion to:) 1) Approve and authorize Mayor (or Mayor pro tem) to execute and the City Clerk,to attest to the Grant Deed and Grant of Easement documents in substantially the form"as attached hereto as Attachments 1 and 2, respectively, and authorize transmittal of said documents to Plaintiffs upon final repeal of Ordinance No. 3287. (oq-1s- 00 2) Approve payment of settlement funds in the amount of $75,000.00 and authorize transmittal of said funds to Plaintiffs upon final repeal of Ordinance No. 3287. �au- l� 0z� _ _ _ Alternative Action(s): Do not approve the conveyance and payment and do not implement the Settlement Agreement. E� REQUEST FOR COUNCIL ACTION MEETING DATE: March 4, 2002 DEPARTMENT ID NUMBER: CA 02-08 Analysis: On July 5, 1995, the City amended the Ellis-Goldenwest Specific Plan by approving Ordinance No. 3287, incorporating Zoning Code Amendment No. 93-1 to designate a future park site on Tract 306 located within the boundaries of the Ellis- Goldenwest Specific Plan area. Thereafter, Plaintiffs filed 'a lawsuit against the City entitled Ronald 1. Brindle, Emily Ann Brindle; John A Thomas and Linda L. Thomas v. City of Huntington Beach, et al., Orange County Superior Court Case No. 750203 ('the lawsuit"), which alleged, among other things, that Ordinance No. 3287 was an illegal taking of Plaintiffs' property by inverse condemnation. Plaintiffs prevailed on .the taking issue in the trial court and on January 7, 2002, the City entered into a conditional Settlement Agreement with the Plaintiffs. A copy of the Agreement is attached hereto as Attachment No. 3. As part of the settlement, the City agreed to convey the property shown on the -Grant Deed and the easements shown on the Grant of Easement to Plaintiffs, along with the payment of $75,000.00 in settlement funds. In order to fully implement the Agreement, the City must convey the property and easement and pay the settlement funds, upon. the final repeal of Ordinance No. 3287. Repeal of the ordinance is set forth in a separate RCA. Staff recommends the approval of the conveyance and payment in implementation of the Settlement Agreement as approved by the City Council on January 7, 2002. Environmental Status: Exempt. Attachment(s): 1. Grant Deed 2. . Grant of Easement 3. Settlement Aareement RCA Author: PDA 02 brindle -2- 2/25/02 1:56 PM Cu1f'� p� l Council/Agency Meeting Held: 03 - dV - 01, Deferred/Continued to: Approved ❑ Conditionally Approved ❑ enied �l:Q CI Clerk' ignature .---.Jj I- t, 11 Council Meeting Date: March 4, 2002 I Department ID Number: CA 02-07 i COW, NUTAjt4) CITY OF HUNTINGTON BEACH t�NU,� REQUEST FOR COUNCIL ACTION �yr-j'o Oy -1S 2 M'� 04 9-2' 1 NA :) Cam°\' PR5tA\r/�, SUBMITTED TO: HONORABLE MAYOR AND. CITY COUNCIL MEMBERS,m�'D"' SUBMITTED BY: GAIL HUTTON, City Attornejr7 Cz PREPARED BY: GAIL HUTTON, City Attorney �7 �--`� oL �,zj Zoning Text Amendment No. 02-03 .SUBJECT. ,"j c Implementation of Settlement and Release Agreement betWeerE Kal, , Ala, 3,6 y Brindle/Thomas and the City of Huntington Beach regarding-th utter of Brindle, et al v. Cityof Huntington Beach, et al. OCSC 0N3 Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Achment(s) Statement of Issue: Whether to repeal Ordinance No. 3287 relating to the designation of a parksite in the Ellis/Goldenwest Specific Plan area. Funding Source: No cost to the City. Recommende Action: (Motion to:.) Adopt Ordinance No. 3542, A Ordinance of the City of Huntington each Repealing Ordinance No. 3287 esignation of a Future Park Site Wit ' he-EI' f' Alternative Action(s): Do not approve the ordinance and do not implement the Settlement Agreement. Analysis: On July 5, 1995, the City amended the Ellis-Goldenwest Specific Plan by approving Ordinance No. 3287, incorporating Zoning Code Amendment No. 93-1 to designate a future park site on Tract 306 located within the boundaries of the Ellis-Goldenwest Specific Plan area. A copy of Ordinance 3287 is attached hereto as Attachment No. 2. Thereafter, Plaintiffs filed a lawsuit against the City entitled Ronald 1. Brindle, Emily Ann Brindle; John A Thomas and Linda L. Thomas v. City of Huntington Beach, et al., Orange County Superior Court Case No. 750203 ('the lawsuit"), which alleged, among other things, that Ordinance No. 3287 was an illegal taking of Plaintiffs' property by inverse condemnation. Plaintiffs prevailed on the taking issue in the trial court and on January 7, 2002, the City entered into a conditional Settlement Agreement with the Plaintiffs. A copy of the Agreement \ is attached hereto as Attachment No. 3. RERIEST FOR COUNCIL ACTIOV MEETING DATE: March 4, 2002 . DEPARTMENT ID NUMBER: CA 02-07 One of the provisions of the Agreement concerns the repeal of Ordinance No. 3287. In order to fully implement the Agreement, the City must repeal Ordinance No. 3287. The effect of the repeal is that the Specific Plan will appear as it did prior to the adoption of Ordinance No. 3287. Although a park will still be a permitted use within the Specific Plan area, no specific park site will be identified. Staff recommends the approval of the repeal ordinance in implementation of the Settlement Agreement as approved by the City Council.on January 7, 2002. Environmental Status: Exempt. Attachment(s): 1. 2. 3. RCA Author: PDA Proposed Ordinance No. 3542 Repealing Ordinance No. 3287 and legislative draft Ordinance No. 3287 Settlement Aareeme and Release of All Claims G:\RCA\2002\brindle.doc -2- 2/25/02 4:36 PM (15) G. Ordinances • April 15, 2002 - Council/AgeneAgenda - Page 15 G-1. Ordinance for Adoption Mayor Cook recused herself from consideration of G-1a as her residence is in vicinity. G-1a. (City. Council) Continued from 4/1/02 -Adopt Ordinance No. 3542 Repealing Ordinance No. 3287 (Relatina to Desianation of a Future Neiahborhood Parl G-1 b. and City-OCSC No. 750201 (640.10) Ordinance No. 3542 — "An Ordinance of the City of Huntington Beach Repealing Ordinance No. 3287 Related to the Designation of a Future Park Site Within the Ellis -Golden west Specific Plan Area." Submitted by the City Attorney. (Introduction Approved on March 4, 2002 and consideration of adoption continued from 3/18 and 4/1/02.) Recommended Action: Motion to: After City Clerk reads by title, adopt Ordinance No. 3542, by roll call vote. (1) Adopted 5-0-1-1 (Winchell abstain; Cook out of room - recused) (2) Any park fund expended should be replaced 6-0-1 (Cook out of room - recused) (640.10) Ordinance No. 3553 —An Ordinance of the City of Huntington Beach Amending the Huntington Beach Zoning and Subdivision Code by Amending Chapter 211 C and 214.04 Thereof Relating to Commercial Districts and Public Semipublic Districts." (Public hearing held and introduction approved on April 1, 2002.) Recommended Action: Motion to: After City Clerk reads by title, adopt Ordinance No. 3553, by roll call vote. Adopted 7-0 0 . • ATTACHMENT-#1 L, o CITY OF HUNTINGTON BEACH l" 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK August 28, 2002 Darlene J. Bloom County Clerk -Recorder P. O. Box 238 Santa Ana, CA 92702 Enclosed please find a Grant Deed to be recorded and returned to Palmieri, Tyler, Weiner, Wilhelm & Waldron, Attn: Michael H. Leifer, Esq., 2603 Main Street, Suite 1300 — East Tower, Irvine, CA 92614-6228. Please return a conformed copy of the Grant Deed when recorded to this office in. the enclosed self-addressed stamped envelope. Thank you.. Connie Brockway, CIVIC City Clerk Enclosures g:/followup/misc... doc Grant Deed — Brindle/Thomas (Palmieri, Tyler, Weiner, Wilhelm & Waldron) (Telephone: 714.536.5227 ) RECORDING REQUESTED BY, AND )� WHEN RECORDED RETURN TO: Michael H. Leifer, Esq. Palmieri, Tyler, Weiner, Wilhelm & Waldron ) 4 Suite 1300 — East Tower 2603 Main Street ) �- Irvine, CA 92614-6228 ) '� [Space Above This Line For Recorder's Use] DO ENTARY TRANSFER TAX $ . (9— ^✓� Computed on the consideration or value of property conveyed; OR /�/ J _Computed on the consideration or value of less liens or encumbrances remaining at time of sale Signature of Declarant or Agent determining tax APN(s) 110-221-05, 110-221-16, 110-221-17, 110-221-25, 110-222-03, 110-222-15, 110-222-17, 110-222-29, 110-222-30 GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, The CITY OF HUNTINGTON BEACH, a California municipal corporation, hereby GRANT(S) to RONALD I. BRINDLE, EMILY ANN BRINDLE, JOHN A. THOMAS, and LINDA L. THOMAS, all as Tenants in Common, the real property in the City of Huntington Beach, County of Orange, State of California, described as: LOTS 05, 16, 17, 25, 29, 30, 47, 48, 51, AND 53, OF TRACT 306 AS SHOWN ON A MAP RECORDED IN BOOK 14, PAGE 28 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA Dated: g , 2002 Mayor o STATE OF CALIFORNIA ) )ss. ATTEST: COUNTY OF ORANGE ) On 2002, before me, ,L. s i2" 111 , City Clerk �z persona. y a eared and O personally known to me , A TERYLL L KING ,r to be the person(s) whose name(s)40subscribed to _ Commtww # 1237815 �Ot the within instrument anA acknowledged to me that4ekhe�%/ A Notary Pubk - Cafflwft executed the same in AWauthorized capacity(ies),. Orange County and that by 4iei signature(s) on the instrument the WCor=.B#W0Ct12 'C person(s) or the entity upon behalf of which therperson(s) acted, executed the instrument. WITNESS my hand nd official seal. (This area for official notarial seal) Signature (.C� MAIL TAX STATEMENTS TO PARTY SHOWN ON FOLLOWING LINE: Michael H. Leifer, Esq. This document Is solely for UV Palmieri, Tyler, Weiner, Wilhelm & Waldron official business of the City 2603 Main Street, Suite 1300 - East Tower of Huntington Beach, as contern- plated under Government Code Irvine, CA 92614-6228 Sec. 6103 and should be recorded free of charge. �l ATTACHMENT #2 File Notes Office of the City Clerk Huntington Bench, California C ►N To SlbtN- 03-01-0z' 1,-T bM� WA 1N S1hN 0$ - o 1-0t, bP'ht 'ro IL%VUr,- -r- PAN * %wftri�: sN ce viler: CA>, v�11'3 34 mp'Eo ty �iSz,C1cs �S -� tom► _ T�ry L � T�n Irk Neu S. t�t s T)4,x, k�r4 v Ila 017 - 37 . T. t�\1oY c v v3m sib fl�N N *Ft N VAAA, q1'%� No_ PZD Nx'm i, CITY.OF Hd.. NTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK August 8, 2002 Darlene J. Bloom County Clerk -Recorder P. 0. Box 238 Santa Ana, CA 92702 Attached please find a Grant of Easement to be recorded and returned to John A. Thomas, 6741 Pimlico Circle, Huntington Beach, CA 92648. Please return a conformed copy of Grant of Easement when recorded to this office in the enclosed self-addressed stamped envelope. Thank you. Connie Brockway, CIVIC City Clerk Attachments g:/foilowup/misc/misc recorded doc — Iette2002.doc Grant of Easement (110-511-01) — John & Linda Thomas (Telephone: 714-536.5227) RECORDING REQUESTED BY: CONNIE BROCKWAY CITY CLERK CITY OF HUNTINGTON BEACH http://wvAv.ci.huntington-beach.ca.us P O BOX 190 - 2000 MAIN STREET HUNTINGTON BEACH CA 92648 WHEN RECORDED RETURN TO: John A. Thomas 6741 Pimlico Circle Huntington Beach, CA 92648 APN: 110-511-01 (Space above line for recorders use only) This document is solely for the official business of the City of Huntington Beach, as conies»- 578� plated under Government Code Sec. 6103 and should be reoorded'" free of charge. GRANT OF EASEMENT THIS GRANT OF EASEMENT (this "Agreement") is made and entered into as of the 4th day of . March , 2002, by and between THE CITY OF HUNTINGTON BEACH, a California municipal corporation ("Grantor") and John A. Thomas and Linda L. Thomas, ( collectively, "Grantee"). RECITALS A. Grantor is the owner ofthat certain real property located in the City of Huntington Reach, County of Orange, State of California described on Exhibit A attached hereto and shown on Exhibit B attached hereto and each made a part hereof (the "Easement Area"). B. Grantor desires to grant and Grantee desires to acquire an easement for the purposes described herein which will encumber the Easement Area. NOW THEREFORE, in consideration of the mutual promises contained herein, the parties hereby agree as follows: 1. Grant of Easement. Grantor hereby grants to Grantee a non-exclusive easement (the "Easement") over and under the Easement Area for the. limited purposes and upon the terms and conditions set forth herein. Grantor reserves the right to use the surface or subsurface of the Easement Area for any purpose which does not materially impair Grantee's use of the Easement for the purposes set forth in this Agreement, including but not limited to, the development and operation of the Easement Area in conjunction with the County of Orange as a portion of the Bolsa Chica Linear Park. PDA: 2001 Agree: Thomas — Grant of Easement - Final 2. Character of Easement; Termination and Assignment. The Easement is an easement in gross to the Grantee. The Grantee may assign its rights under this Agreement to any successor in interest to Grantee under that certain oil and gas lease described in Exhibit C attached hereto and made a part hereof (the `Bolsa Chica Lease"). The term of this Agreement shall be coterminous with the term of the Bolsa Chica Lease (i.e., this Agreement shall automatically terminate and be of no further force and effect upon the expiration or earlier termination of the Bolsa Chica Lease). In such event, Grantee (or -its successors or assignees) shall deliver a quitclaim deed in recordable form evidencing such termination within five business days after written request by Grantor (or its successors in fee ownership to the Easement Area). Except as provided above in this Section 2, Grantee's rights under this Agreement may not be assigned or otherwise transferred. 3. Scope of Easement. The purposes and scope of the Easement shall be limited to (i) the operation and maintenance of the existing subsurface oil pipeline and fresh water pipeline within the Easement Area which services the operations under the Bolsa Chica Lease (the "Easement Improvements") and (ii) surface access to the Easement Improvements over the Easement Area. 4. "As -Is" Condition. Grantor expressly disclaims all express or implied representations and warranties as to the physical condition, value, fitness, use, compliance with zoning or other laws, or any other aspect or matter relating to the Easement Improvements. Grantee has made all inspections regarding the Easement Improvements that Grantee deems necessary or desirable. Grantee accepts the Easement Improvements in their "AS -IS" condition. 5. Obligation to Maintain and Repair. Grantee and its successors and assigns shall, at their sole cost, (i) operate, maintain and repair the Easeement Improvements, and (ii) repair any damage to the Easement Area arising from the use of the Easement. 6. ' Grantee's Indemnity. Grantee and its successors and assigns shall indemnify, defend, protect and hold Grantor and its successors and assigns and the Easement Area harmless from and against any and all claims, suits, judgments, mechanics liens, actions, losses, obligations or liabilities (including without limitation actual attorneys fees of counsel approved by the indemnified party and costs of suit) of any type or nature arising out of or related to the use of the Easement Area or the Easement Improvements by Grantee or its successors or assigns. 7. No Interference with Park Development and Operation. Grantee acknowledges that Grantor, in conjunction with the County of Orange, intepds'to develop the Easement Area as a portion of the Bolsa Chica Linear Park. Grantee and its successors and assigns shall not interfere, challenge or in any way hinder the development and operation of the park. Grantee and its successors and assigns shall make no claim of compensation against Grantor or any other public agency regarding the development and operation of the Park. 2 PDA: 2001 Agree: Thomas — Grant of Easement - Final • • IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. "Grantor" CITY OF HUNTINGTON BEACH, A California corporation L"ay- 9"'k— Mayor ATTEST: 4�c�. 6&vt--� City Clerk APPROVED AS TO FORM: C� City Attorney "Grantee" vl l J A. Thomas Linda L. Thomas REVIEWED AND APPROVED: Co Administrator PDA: 2001 Agree: Thomas — Grant of Easement - Final CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California Ire v� ss. County of �/ On 6LLS�_ks-r '71 _40L before me, L&LLya A, Nd5 Date _" /�;; Name and T11e of Officer (e.g.. personally appeared LJ � �L Q �_,� e.-Yt-yu Name(s) of Signer(s) (AURA A NELSON Commission # 1226066 iNotary Public - California Orange County My Comm. Ega+es Jul23,20M personally known to me pr asis-of-satisfaetory ea+dence to be the person(t whose name) 4s�e subscribed to the within instrument and acknowledged to me that a executed the same in hisAvH eir authorized capacity<!S), and that by hisfAeir signaturEoon the instrument the person(D or the entity upon behalf of which the person D acted, executed the instrument. WITNESS y hand and official seal. Signature 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: �� vZ- Number of Pages: tn� _ Signer(s) Other Than Named Above: Kok-, Arc L`►'�i` �'-�" �A.wr ij' A (c sSc�� -Fo � �'" � >��� f • /�-F�-rr�5 %25 Capacity(ies) Claimed by Signer _ Signer's Name: • ,1 ❑ Individual nn'' n /� Top of thumb here X Corporate Officer — Title(s): !q CMG ❑ Partner — ❑ Limited + i General V► _ ❑ Attorney-in-Factr ❑ Trustee ❑ Guardian or Conservator El Other: Signer Is Representing: ® 1999 National Notary Association - 9350 De Soto Ave.. P.O. Box 2402 - Chatswo -th. CA 91313-2402 - w .nationalnotary.org Prod. No. 5907 Reorder: Call Toll -Free 1.800-876-6827 rr CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of D� r, r- On �`1 , `��-I 3) , )-"ouZ before me, r% 6)12/11 x Date Name and Tr: a of Officer (e.g., "Jane Doe. NGtary Public`) personally appeared /1) d. %;jv,,-c 4S Name(s) of Signer(s) personally known to me ❑ proved to me on the basis of satisfactory evidence CONNIE BROCKWAY Commission i 1335148 Z S Notary Public - California Z orange County My Comm. E�Ires Dec i 6, 2005 to be the person(sf whose namek<6are subscribed to the within instrument and acknowledged to me that(pshe/they executed the same in Gher/their authorized capacity4s4, and that by (oher/their signature*'on the instrument the person(o, or the entity upon behalf of which the person( acted, executed the instrument. WITNESS my hand and official seal. r� Signakfa 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 or this form to another document. Description of Attached Document Title or Type of Document: (fG Document Date.. _-­f)c) Z- Number of Pages: Signer(s) Other Than Named Above:�i- Capacity(ies) Claimed by Signer Signer's Name: Sybti A- • 0n =-S Individual. ❑ Corporate Officer— Title(s): ❑ Partner — C Limited n General ❑ Attorney -in -Fact 11 Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRW OF SIGNER' C 199C National Notary Association • 9350 De Soto Ave., P.O. Box 202 • Chatsworth, CA 913 4,12 • www.nationalnofary.org Prod. No. 5907 Reorder: Call Toll -Free 1-800-876.6827 CALIFORNIA ALL-PURPOS&KNOWLEDGMENY • i @MCCONNIE BROCKWAy� Commission # 1335148 omm. Notary Public - CaliforniaState of-'� Orange countyCounty of (/LNG-� �'�'�"�16'2005 On f 6.2, before me, y/-e IS%C)c % Date / Name and Title of Officer (e.g., 'Jane Doe, Notary Public") personally appeared OW ' Name(s) of Signer(s) personally known to me — OR — proved to me on the basis of satisfactory evidence to be the personK--, whose name(anare subscribed to_We within instrument and acknowledged to me that he/ he/they executed the same in hisOtheir authorized capacity(ies), and that by his&/their signaturek<on the instrument the personK,, CONNIEBROC1crvAy or the entity upon behalf of which the personWacted, Commission f 1335146 executed the instrument. i ai Notary Public - Cttlikrnia Orange County WITNESS my hand and official seal. ��e a Signature of Notary P c 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: "U z9 - dlx 4S _ Capacity(ies) Claimed by Signer(s) Signer's Name: Individual Corporate Officer Title(s): ❑ Partner — ❑ Limited ❑ General 70 Attorney -in -Fact 10 Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Signer's Name: 01 Individual Corporate Officer Title(s): Partner — ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing: (r ) RIGHT. THUMBPRINT OF SIGNER: ' 0 1995 National Notary Association - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309.7184 Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 • • 4 PDA: 2001 Agree: Thomas — Grant of Easement - Final EXHIBIT A • EX UBIT `A' • LEGAL DESCIUPTION FOR PIPELINE EASEMENT THAT PORTION OF LINEAR PARK — PARCEL 5 AS DESCRIBED IN THE DEED TO THE CITY OF HUNTING TON BEACH RECORDED MAY 14, 1995 AS INSTRUMENT. NO. 95- 0102558, OFFICIAL RECORDS IN THE OFFICE OF. THE COUNTY RECORDER, COUNTY OF ORANGE, STATE OF CALIFORNIA. INCLUDED WITHIN A STRIP OR LAND 10.00 FEET IN WIDTH, THE CENTER LINE OF SAID STRIP BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE EASTERLY LINE OF SAID LINEAR PARK - PARCEL'5'WITH A LINE THAT IS PARALLEL WITH AND 26.00 FEET SOUTHERLY OF THE SOUTHERLY LINE OF PARCEL 1 AS SHOWN ON THE MAP FILED IN BOOK 42, PAGE 25 OF PARCEL MAPS, RECORDS OF SAID COUNTY; THENCE SOUTH 89' 18' 15" WEST 161.49 FEET TO THE WESTERLY LINE OF SAID LINEAR PARK — PARCEL 5. THE SIDELINES OF SAIDSTRIP ARE TO BE LENGTHENED OR SHORTENED SO AS TO TERMINATE AT THE EASTERLY AND WESTERLY LINE OF SAID LINEAR PARK — PARCEL 5. NWEN & SSOCIATES LEGAL DESCRIPTION FOR PIPELINE EASEMENT CIVII.ENGINEERS-LAND SURVEYORS -PLANNERS IW.O.No-0808-388-1 Date07/18/00 2552 WHITE ROAD, SUITE B - IRVINE, CA 92614-6236 En 7.W. Chk. D.W. Sheet 1 of 2 (949) 660-0110 . FAX: 660-0418 �• • E7s L"dLT A' LE -GAT, I EKIZIPT.IO FOR WATER LIP-M E XSE`IE-ls,'T THAT PORTION OF LINEAR -PARK -'PARCEL 5 AS DESCRIBED IN THE DEED TO THE CITY OF HUNTINGTON BEACH RECORDED MAY 14, 1995 AS INSTRUMENT No. 95- 0102558, OFFICL�L RECORDS IN THE OFFICE OF THE COUNTY RECORDER, COUNTY OF ORANGE, STATE OF CALIFORNIA. INCLUDED WITHRI A STRIP OR LAND 20.00 FEET IN WIDTH, THE CENTER LINE OF SAID STRIP BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGTNNWG AT THE INTERSECTION OF THE EASTERLY LINE OF SAID LINEAR PARK PARCEL 5 WITH A LINE THAT IS PARALLEL WITH AND 40.00 FEET SOUTHERLY OF THE SOUTHERLY LINE OF PARCEL 1 AS SHOWN ON T E MAP FILED IN BOOK 42, PAGE 25 OF PARCEL MAPS, RECORDS OF SAID COUNTY; THENCE SOUTH 89° 18' -15" WEST 151.62 FEET TO THE WESTERLY LINE OF SAID LINEAR PARK - PARCEL 5. THE SIDELINES OF SAID STRIP ARE TO BE LENGMENv'ED OR SHORTENER SO AS TO TERMINATE AT THE EASTERLY AND `WESTERLY LINE OF SAID LINEAR PARK — PARCEL 5. Vy; DEN & LEGAL DESCRIPTION SSO CiATES FOR VIATERLINE EASEMENT CIVIL I:NGI:irERS—PLANERS--LAtiD SURVEYORS W,O. No. 0808-388-1 Date 07/1810 I3012 ColYA�. Sum; 210 • IRVINE. CA 9:614 Erik-. J.W. Cho. D.W. Sheet 1 of 9491660-0110 FNX: 660.0419 6Z:ST 00, 6T -nr ir0d GAL • • EXHIBIT B WE5TC& LINE OF GITY OF HUNTINGTON BEACH PROPERTY GRANTED 03/14/95 PER INST. NO. 95-0102558 O.R. [Jr r�nr i JA i 10.00 EASTERLY LINE OF CITY OF PrAR/.LE'i. HUNTINGTON BEACH PROPERTY F- i �II • GRANTED 03/14/95 PER INST. a 44 c NO. 95-0102558 O.R. 44 © cc II SCALE: 1'=100' 3II ooa`r'-.I �I o^o Z� 2G.00 No. 3347 Exp. 6-30-04 C EDWARDS STREET N 00'51 x6' W �1 V" ALDEN . & EMIT TO SKETCH TO ACCOMPANY A S S 0 C IATE S LEGAL DESCRIPTION FOR PIPELINE EASEMENT 18012 COWAN, SUITE 210, IRVINE, CA 92714 W.O. No, 0808-358-001 Date 0� �' (714) 680-0110 FAX: 660-0418 Enar. JR Chk. OR Sheet-2-0f.i WESTERLY LINE'or-' CITY F HUNTINGTON BEACH PR 7r GRAFTED 03/14/03 P ST. N0. 95-0102553 O.R. \ EASTERLY LINE OF CITY OF HUNTINGTON BEACH PROPERTY - GRANTED 03/14/95. PER 1NST.. NO. 95-0102558 O.R. - SCALE. 1'=100' N 00'512G, W f..h r�nR • , n ,l. �lw Jar F6� r l l Q I 0.0 I C9 I �- G5q.9G• �• .- N .1 r_ r• . d ALDEN & EXHISIT 'B' SKETCH TO ACCOMPANY A SSOCIATES LEGAL DESCRIPTION FOR WATER LINE EA5EMENT 18012 COWAN, SUITE 210. IRVINE, CA 92714 W.C. No 0808-5 -001 Date 07_/ (714) 880-0110 FAX: 680-0418 Engr.JA -Chk,R.W. Sheet 2 6Z:GT 00, 6T -vu 50d EEL • L EXHIBIT C EXHIBIT "C" BOLSA CHI CA 'LEASE An Oil and Gas Lease dated January 1,'1520, executed by Bolsa Land Company and Bolsa Chica Gun Club, as Lessors, an Standard bil Company, as Lessee, and recorded February 14, 192 in Book 19, Page 168 of Leases, of Records of Orange County, California, as amended by that instrument executed by Bolsa Land Company and Standard oil Company of California recorded December 23, 1941 in Book 1128, Page 1 of Official Records, ar, as further amended by that Line Well Agreement executed by Huntington Beach Company, Edward R. Valentine, and Standard.0i Company of California recorded September 22, 1965 in Book. 767E Page 794 of Official Records, which covers the following described property: Being a portion of Section 34, Township 5 South, Range.11 West in the County of orange, State of California, as shown on the map recorded in Book 51, Page 13 of Miscellaneous Maps, Records of said - County, more particularly described as follows: Beginning at the southeast corner of the Northeast Quarter of the Southeast Quarter of the Southeast Quarter of the Northwest Quarter of said Section 34; thence north 1591.66 feet; thence south 5102710011* west 2281.17 feet;. thence south 2150 feet; more or less, to the north line of the South Half: of the Northwest Quarter of the Southeast Quarter of the Southwest Quarter of said Section 34; thence east 818 feet; thence north 1320 feet; thence east 330 feet; thence north 660 feet; thence east 660 feet to the point of beginning. Excepting therefrom that portion of the above mentioned parcel described as follows: Beginning at a point in the easterly line of that certain parcel of land described as "Parcel 1" in Amendment to Oil and Gas Lease, recorded December 23, 1941, in Book 1128, Page 1 of Official Records, in the Office of said Recorder, said point lying north 1091.661.from the southeast corner of the Northeast Quarter of the Southeast Quarter of the Southeast Quarter of the Northwest Quarter of said Section 34; thence along the boundary of said "Parcel 1" by the following courses and distance: north.500.001, west 20.,001 and south 51*27100" west 605. Oil ;. thence south 76'00100 " east 508.261 to the point of beginning; consisting of 2.74 acres, more or less. EXHIBIT "C" • • a 0 SETTLEMENT AGREEMEN L' AND RELEASE OF ALL CLAIMS BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND RONALD I. BRINDLE, EMILY ANN BRINDLE, JOHN A. THOMAS & LINDA L. THOMAS This Settlement Agreement ("Agreement") is made and entered into this day of �an vaN ; 2002, by and between the City of Huntington Beach ("City"), a California municipal corporation; Ronald I. Brindle, Emily Ann Brindle; John A. Thomas and Linda L. Thomas ("Plaintiffs"). The aforementioned entities may sometimes hereinafter be singularly' referred to as a "Party," or collectively referred to as "the Parties." RECITALS On July 5, 1995, the City amended the Ellis-Goldenwest Specific Plan ("Specific Plan") by approving Ordinance No. 3278, incorporating Zoning Code Amendment No. 93-1 (the "Ordinance"), relating to the designation of a -future park site on Tract 306 (the "Site") located within the boundaries of the Specific Plan area; and Thereafter, Plaintiffs filed a lawsuit against the City entitled Ronald I. Brindle, Emily Ann Brindle; John A. Thomas and Linda L. Thomas v. City of Huntington Beach, et al., Orange County Superior Court Case No. 750203 ("the Lawsuit"), which alleges, among other things, that the Ordinance is an illegal taking of Plaintiffs' property by inverse condemnation; and The Parties wish to provide for the conditional settlement of the Lawsuit and for the full and final release of all claims related thereto, based upon the conditions set forth below. AGREEMENT NOW, THEREFORE, based upon the representations set forth in the foregoing Recitals and for good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the Parties do hereby agree as follows: G:4:2001 agreement: Brindle settlement # 4 final • • 1. Dismissal of Lawsuit with Prejudice After Satisfaction of Conditions. Plaintiffs, on behalf of themselves, their heirs, successors and assigns, hereby agree to dismiss the Lawsuit with prejudice and release the City as set forth in Paragraph 12 below within thirty (30) calendar days after the City's Date of Repeal, Date of Conveyance, and Date of Payment (as defined herein). Notwithstanding California Code of Civil Procedure Section 1036 or any other statute or provision of law to the contrary, if the matter is settled pursuant to the conditions set forth herein, all Parties to the Lawsuit shall each bear their own costs, litigation expenses, and attorneys' fees regarding the litigation of the Lawsuit. 2. Date of Repeal. The Date of Repeal shall be the date that the repeal of the Ordinance is fully and finally effective as a matter of law, pursuant to the Charter of the City of Huntington Beach and the laws of the State of California. The City Council of City shall schedule a hearing to consider and take action regarding the repeal of the Ordinance within 60 days from the date this Agreement is approved by the City Council. Nothing in this Agreement shall be construed as limiting, in any way, the City Council's discretion to approve, disapprove, or take no action on the repeal of the Ordinance. If the Ordinance is not repealed, since liability has already been determined, Plaintiffs shall have the right to proceed with the valuation phase of the Lawsuit, which is currently set for valuation trial on January 28, 2002, and this Agreement shall be of no further force or effect. Depending on the timing of the City's scheduling of the hearing regarding repeal of the Ordinance, the City shall agree to a continuance of the valuation trial, if requested. 3. Initiation of Zoning Changes. Regarding the Site. For a period of five (5) years from the Date of Repeal, City shall not suggest or initiate any zoning changes, ordinances or other legislative enactments that, similar to Ordinance 3278, designate.Tract 306 as a future park site, or change development standards for Tract 306 in a manner inconsistent with the entire 2 G:4:2001 agreement: Brindle settlement # 4 final Specific Plan area. Notwithstanding the foregoing, this Agreement shall not be construed as limiting, in any way, City's procedural obligation to analyze and process a zone change or other land use entitlement application regarding Tract 306 submitted by another person or entity acting as an independent third party authorized to submit such application for consideration by the City pursuant to Section 202.04(c) of the Huntington Beach Zoning and Subdivision Code and without a City's official's recommendation or suggestion. If the City adopts another ordinance or other legislative enactment that, similar to Ordinance 3278, designates Tract 306 as a future park site, regardless of whether said ordinance or other legislative enactment is suggested or initiated by the City or another person or entity, City shall be deemed liable in inverse condemnation for such action and Plaintiffs or their successors or assigns shall have the right to seek compensation relating to such change by filing an inverse condemnation proceeding in the Superior Court as they have done in the Lawsuit. 4. Payment of Settlement Funds; Conveyance of Property. Within twenty (20) calendar days from the Date of Repeal; City shall pay Plaintiffs the sum of Seventy-five Thousand Dollars ($75,000.00), and City shall convey to Plaintiffs the lots owned by City in Tract 306 as listed in the matrix attached hereto as Exhibit "A" and the easements depicted in the. Easement Deed attached hereto as Exhibit `B." Title to the lots and the easements shall vest in the Grantee or Grantees as identified by Plaintiffs. On condition that the Repeal is final and said payment and conveyance shall be made in full, this Lawsuit shall be settled. The City shall be relieved from any and all liability, including damages, attorney's fees, interest, litigation expenses, and costs of suit, except as set forth in Paragraph 3 herein. No further litigation of the Lawsuit, including a motion by Plaintiffs for recovery of their attorney's fees and litigation expenses, shall be permitted. Nothing in this settlement agreement protects the 3 G:4:2001 agreement: Brindle settlement # 4 final • • City or results in waiver of Plaintiff's rights in the event the City initiates or a City official recommends a zone change relating to the Site as prohibited by this Agreement within the five (5) year period as set forth in Paragraph 3. 5. No Admission of Liability. This Agreement is not intended as, and shall not be construed as, an admission by any Party against any other Party that the other Party has valid claims or defenses. 6. Captions. The captions of this Agreement are for purposes of reference and shall not limit.or define the meaning of the provision of the Agreement. 7. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 8. Parties Have Not Transferred Rights. Each Party hereto represents and warrants to each other Party that it is the holder of the rights which are being settled, compromised, or restricted as part of this Agreement, and.that it has not assigned or transferred to any other Party any of such rights. 9. Litigation Expenses To Enforce This Agreement. In the event of litigation arising to enforce the provisions of this Agreement, the prevailing Party shall be entitled to recover its reasonable attorneys' fees, expert witness fees, and costs in addition to any other remedy it may obtain. 10. Drafting. This Agreement has been negotiated and the Parties have cooperated in the drafting and preparation of this Agreement. It shall not be construed against any of the Parties in the event of ambiguity. 11. Reliance Upon Legal Counsel. Each Party warrants and represent that in executing this Agreement, they have relied on legal advice from the attorney of their choice, that the terms 4 G:4:2001 agreement: Brindle settlement.# 4 final of this Agreement and its consequences have been completely read and explained to each Party by that attorney, and that each Party fully understands the terms of this Agreement. 12. General Release of All Claims Upon Satisfaction of Conditions. a. Plaintiffs, on behalf of themselves, their heirs, successors and assigns, and in consideration of receipt of the payment of settlement funds and the receipt of the conveyance of properties as described hereinabove by City, hereby fully release City, its successors, and all other persons and associations, known or unknown, from all claims and causes of action by reason of any injuries and damages which have been sustained, or may be sustained, as a result of the adoption of the Ordinance and the facts alleged in the Lawsuit. This release shall only be effective after the Date of Repeal, Date of Conveyance and Date of Payment as set forth herein. b. Plaintiffs acknowledge and agree that this release applies to all claims that PIaintiffs may have against City arising out of the adoption of the Ordinance and the facts alleged in the Lawsuit for injuries, damages, or losses. to Plaintiffs' persons and property, real or personal, whether those injuries, damages, or losses are known or. unknown, foreseen or unforeseen, or patent or latent. c. Plaintiffs certify that they have read Section 1542 of the Civil Code set out below, and indicate that fact by signing their initials here A general release does not extend to claims which the creditor does.not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor. d. Plaintiffs hereby waive application of Section 1542 of the Civil Code. G:4:2001 agreement: Brindle settlement # 4 final • • e. Plaintiffs understand and acknowledge that the significance and consequence of this waiver of Section 1542 of the Civil Code is that upon-City's satisfaction of the settlement conditions set forth herein, even if Plaintiffs should eventually suffer additional damages arising out of the adoption of the Ordinance or the facts alleged in the Lawsuit, they will not be permitted to make any claim for those damages. Furthermore, Plaintiffs acknowledge that they intend this release to apply to any claim for injuries and damages that may exist as of the date of . this release but which Plaintiffs do not know exist, and which, if known, would materially affect Plaintiffs' decision to execute this release, regardless of whether Plaintiffs' lack of knowledge is the result of ignorance, oversight, error, negligence, or any other cause. f. Plaintiffs acknowledge and warrant that their execution of this release is voluntary, and that this release pertains to a disputed claim and does not constitute any admission of liability by City regarding the adoption of the Ordinance or for the .facts alleged in the Lawsuit. 13. Arbitration. Any controversy between the parties regarding the construction or application of this Agreement, and any claim arising out of this Agreement or its breach, except Plaintiffs' right to seek compensation for City's adoption of a legislative enactment, ordinance or zone change, if any, in violation of Paragraph 3 herein, shall be submitted to a retired judge of the Orange County Superior Court for arbitration upon the written request of one party after service of that request on the other'party. REST OF PAGE INTENTIONALLY LEFT BLANK G:4:2001 agreement: Brindle settlement # 4 final 14. Entire Agreement. This Agreement represents the entire agreement between the Parties concerning the subject matter hereof. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by their authorized persons or officers on the date first above written. PLAINTIFFS / L / Ronald I. Brindle Emily AW�Brindle Thomas Linda L. Thomas REVIEWED AND APPROVED AS TO FORM: MichaV. Lei%sf Attorney for Plaintiffs CITY OF HUNTINGTON BEACH, a California municipal corporation ATTEST * " � � Z � - � C- — City Clerk 11117 -o L APPROVED AS TO FORM: City Attorney/- p-oz REVIEWED AND APPROVED: Q� City Adif inistrator INIT D AND APPROVED: 11 d'itVaor of Planning G:4:2001 agreement: Brindle settlement # 4 final W. • • EXHIBIT "A" MATRIX SETTING FORTH THE LEGAL DESCRIPTION OF PROPERTIES OWNED BY CITY IN TRACT 306 THAT ARE TO BE CONVEYED TO PLAINTIFFS APN 110-221-05 APN 110-221-16 APN 110-221-17 APN 110-221-25 APN 110-222-03 APN 110-222-15 APN 110-222-17 APN 110-222-29 APN 110-222-30 (Tr 306, Lt 05) (Tr 306,-Lt 16) (Tr 306, Lt 17) (Tr 306, Lt 25) (Tr 306, Lt 29, 30) (Tr 306, Lt 51) (Tr 306, Lt 53) (Tr 306, Lt 47) (Tr 306, Lt 48) 8 G:4:2001 agreement: Brindle settlement # 4 final EXHIBIT "B" PIPELINE EASEMENT TO BE CONVEYED TO PLAINTIFFS G:4:2001 agreement: Brindle settlement # 4 final RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: (Space above line for recorders use only) GRANT OF EASEMENT THIS GRANT OF EASEMENT (this "Agreement") is made and entered into as of the day of , 2002, by and between THE CITY OF HUNTINGTON BEACH, a California municipal corporation ("Grantor") and , ("Grantee"). RECITALS A. Grantor is the owner of that certain real property located in the City of Huntington Beach, County of Orange, State of California described on Exhibit A attached hereto and shown on Exhibit B attached hereto and each made a part hereof (the "Easement Area"). B. Grantor desires to grant and Grantee desires to acquire an easement for the purposes described herein which will encumber the Easement Area. NOW THEREFORE, in consideration of the mutual promises contained herein, the parties hereby agree as follows: 1, Grant of Easement. Grantor hereby grants to Grantee a non-exclusive easement (the "Easement") over and under the Easement Area for the limited purposes and upon the terms and conditions set forth herein. Grantor reserves the right to use the surface or subsurface of the Easement Area for any purpose which does not materially impair Grantee's use of the Easement for the purposes set forth in this Agreement, including but not limited to, the development and operation of the Easement Area in conjunction with the County of Orange as a portion of the Bolsa Chica Linear Park. PDA: 2001 Agree: Thomas — Grant of Easement 2. Character of Easement; Termination and Assif-,mnent. The Easement is an easement in gross to the Grantee. The Grantee may assign its rights under this Agreement to any successor in interest to Grantee under that certain oil and gas lease described in Exhibit C attached hereto and made a part hereof (the `Bolsa Chica Lease"). The term of this Agreement shall be coterminous with the term of the Bolsa Chica Lease (i.e., this Agreement shall automatically terminate and be of no further force and effect upon the expiration or earlier termination of the Bolsa Chica Lease). In such event, Grantee (or its successors or assignees) shall deliver.a quitclaim deed in recordable form evidencing such termination within five business days after written request by Grantor (or its successors in fee ownership to the Easement Area). Except as provided above in this Section 2, Grantee's rights under this Agreement may not be assigned or otherwise transferred. 3. Scope of Easement. The purposes and.scope of the Easement shall be limited to (i) the operation and maintenance of the existing subsurface oil pipeline and fresh water pipeline within the Easement Area which services the operations under the Bolsa Chica Lease (the "Easement Improvements") and (ii) surface access to the Easement Improvements over the Easement Area. 4. "As -Is" Condition.. Grantor expressly disclaims all express or implied representations and warranties as to the physical condition, value, fitness, use, compliance with zoning or other laws, or any other aspect or matter relating to the Easement Improvements. Grantee has made all inspections regarding the Easement Improvements that Grantee deems necessary or desirable. Grantee accepts the Easement Improvements in their "AS -IS" condition. 5. ObliE;ation to Maintain and Repair. Grantee and its successors and assigns shall, at their sole cost, (i) operate, maintain and repair the Easeement Improvements, and (ii) repair any damage to the Easement Area arising from the use of the Easement. 6. Grantee's Indemnity. Grantee and its successors and assigns shall indemnify, defend, protect and hold Grantor and its successors and assigns and the Easement Area harmless from and against any and all claims, suits, judgments, mechanics liens, actions, losses, obligations or liabilities (including without limitation actual attorneys fees of counsel approved by the indemnified party and costs of suit) of any type or nature arising out of or related to the use of the Easement Area or the Easement Improvements by Grantee or its successors or assigns. 7. No Interference with Park Development and Operation. Grantee acknowledges that Grantor, in conjunction with the County of Orange, intends to develop the Easement Area as a portion of the Bolsa Chica Linear Park. Grantee and its successors and assigns shall not interfere, challenge or in any way hinder the development and operation of the park. Grantee and its successors and assigns shall make no claim of compensation against Grantor or any other public agency regarding the development and operation of the Park. 2 PDA: 2001 Aarce: Thomas — Grant of Easement IN. WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. "Grantor" "Grantee" CITY OF HUNTINGTON BEACH, A California corporation INITIATED AND APPROVED: Mayor ATTEST: City Clerk APPROVED AS TO FORM: City Attorney 3 1'DA: 2001 A-rce: Thomas — Grant of Easement Director of Public Works REVIEWED AND APPROVED: City Administrator EXHIBIT `A' • LEGAL DESCRIPTION FOR PIPELINE EASEMENT THAT PORTION OF LINEAR PARK — PARCEL 5 AS DESCRIBED IN THE DEED TO THE CITY OF HUNTINGTON BEACH RECORDED MAY 14, 1995 AS INSTRUMENT N0. 95- 0102558, OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER, COUNTY OF ORANGE, STATE OF CALIFORNIA. INCLUDED WITHIN A STRIP OR LAND 10.00 FEET IN WIDTH, THE CENTER LINE OF SAID STRIP BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE EASTERLY LINE OF SAID LINEAR PARK - PARCEL' 5 WITH A LINE THAT IS PARALLEL WITH AND 26.00 FEET SOUTHERLY OF THE SOUTHERLY LINE OF PARCEL 1 AS SHOWN ON THE MAP FILED IN BOOK 42, PAGE 25 OF PARCEL MAPS, RECORDS OF SAID COUNTY; THENCE SOUTH 890 18' 15" WEST 161.49 FEET TO THE WESTERLY LINE OF SAID LINEAR PARK — PARCEL 5. THE SIDELINES OF SAID STRIP ARE TO BE LENGTHENED OR SHORTENED SO AS TO TERMINATE AT THE EASTERLY AND WESTERLY LINE OF SAID LINEAR PARK — PARCEL 5. VWEN & SSOCIATES LEGAL DESCRIPTION FOR PIPELINE EASEMENT CIVIL ENGINEERS -LAND SURVEYORS -PLANNERS IW.O.No.0808-388-1 Date 07/18/00 2552 FVI= ROAD, SUITE B - IRVINE, CA 92614-6236 (949) 660-0110 FAX: 660-0418 Engr. J.W. Chk. D.W. Sheet 1 of 2 • E�:HrB�T cA. • LEGAL DESCRIPTION FOR WATER LII'tiE h aS E ZIEN"T THAT PORTION OF LINEAR PARK PARCEL 5 AS DESCRIBED IN THE DEED TO THE CITY OF HUNTINGTON BEACH RECORDED MAY 14. 1995 AS INSTRUMENT NO. 95- 0102558, OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER, COUNTY OF ORANGE, STATE OF CALIFORNIA. INCLUDED WITHIN A STRIP OR LAND 20.00 FEET IN WIDTH, THE CENTER LINE OF SAID STRIP BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE EASTERLY LINE OF SAID LINEAR PARK - PARCEL 5 WITH A LINE THAT IS PARALLEL WITH AND 40.00 FEET SOUTHERLY OF THE SOUTHERLY LINE OF PARCEL 1 AS SHOWN ON THE MAP FILED IN BOOK 42, PAGE 25 OF PARCEL MAPS, RECORDS OF SAID COUNTY; THENCE SOUTH 891, 18, 15" WEST 151.62 FEET TO THE WESTERLY LINE OF SAID LINEAR PARK — PARCEL 5. THE SIDELINES OF SAID STRIP ARE TO BE .LENGTHENED OR SHORTENED SO AS TO TERMINATE AT THE EASTERLY AND WESTERLY LINE OF SAID LINEAR PARK — PARCEL 5. EN & SSOCZATES CIVIL $NGII`IEERS-PLANNERS-LAND SURVEYORS 1.3012 CONVAN. SUITE'210 • IRVINE. CA 9:614 949/660-0110 FAX:660-041S 6z ST be, 6I -nr boa EEL [.ECJAL DESCRIPTION FOR WATERLINE EASEMENT W,O. No. 0808-388-1 Date 07/18/00 Eng. J.W. Chk. D.W. Sheet 1 of 2 .d _ ' F .. .. -- ._ Eti'lr.r.."' "�?'� � a • W[5TCRLY LINE OF CITY OF HUNTINGTON BEACH PROPERTY GRANTED 03/14/q5 PER INST. N0. 45-0102558 O.R. ' I IA IC" A 7 A �If L.II rt_rl nr�r EASTERLY LINE OF CITY OF ARCLE . HUNTINGTON BEACH PROPERTY GRANTED 03/14/95 PER INST. NO. 95-0102558 O.R. SCALE; 1'=100' 2G.00 No. 3347 Exp. 6-30-04 EDWARDS STREET N 005120 W • G59.96' *14 LDEN & EXHIBIT .e. SKETCH TO ACCOMPANY A S O C IATE S LEGAL DESCRIPTION FOR PIPELINE EASEMENT ' WESTERLY LINE 'Ois GI OF HLMTINGTON BEACH P R77 GRAFTED U•3/14/Q5 P INST. Nil Q5J19n9I,5R /1 P EASTERLY LINE OF CITY OF HUNTINGTON BEACH PROPERTY GRANTED 03/14/95 PER INST. 'NO. 45-0102558 O.R. lw-�- X --m;rpn- SCALE. 1'=100' No. 3347 Exp. 6-30-04 1 1 1 AI��t7 Arlll -lrrf r Q l �2 ul t n� \UL.I. ..1'r 3 cd Fucri EDWARDS STREET N 00,512G, W 1.9 !� ac z� Cc 4 z r I ==� G5R.9G' ALDEN & EXHIBIT IT SKETCH TO ACCOMPANY A S S O C LATE S LEGAL DESCRIPTION FOR WATER LINE EASEMENT I Date 0_$ Sheet,2.Of_ 6z:SS 09, 61 inn God EEL r .;A EXHIBIT "C" ` BOLSA CHICA LEASE An Oil and Gas Lease dated January 1, 1920, executed by Bolsa Land Company and Bolsa Chica Gun Club, as Lessors, and Standard Oil Company, as Lessee, and recorded February 14, 1921 in Book 19, Page 168 of Leases, of Records of Orange County, California, as amended. by that instrument executed by Bolsa Land Company and Standard Oil Company of California recorded December 23, 1941 in Book 1128, Page 1 of Official Records, and as further amended by that Line Well Agreement executed by Huntington Beach Company, Edward R. Valentine, and Standard -oil Company of California recorded September 22, 1965 in Book.7675, Page 794 of Official Records, which covers the following described property: Being a portion of Section 34, Township 5 South, Range 11 West in the County of Orange, State of California, as shown on the map recorded in Book 51, Page 13 of Miscellaneous Maps, Records of said County, more particularly described as follows: Beginning at the southeast corner of the Northeast Quarter of the Southeast Quarter of the Southeast Quarter of the Northwest.Quarter of said Section 34; thence north 1591.66 feet; thence south 51027100" west 2281.17 feet; thence south 2150 feet'; more or less, to the north line of the South Half of the Northwest Quarter of the Southeast Quarter of the Southwest Quarter of said Section 34; thence east 818 feet; thence north 1320 feet;.thence east 330 feet; thence north 660 feet; thence east 660 feet to the point.of beginning. Excepting therefrom that portion of the above mentioned parcel described as follows: Beginning at a point in the easterly line of that certain parcel of land described as "Parcel 1" in Amendment to Oil and Gas Lease, recorded December 23, 1941, in Book 1128, Page 1 of Official Records, in the Office of said Recorder, said point lying north 1091.661.from the southeast corner of the Northeast Quarter of the Southeast Quarter of the Southeast Quarter of the Northwest Quarter of said Section 34; thence along the boundary of said "Parcel 1" by the following courses and distance: north 500.001, west 20.00' and south 51*27100" west 605.011; thence south 76*00100" east 508.261 to the point of beginning; consisting of 2.74 acres, more or less. EXHIBIT "C" c�*b . 25,52 WHITE ROAD, SUITE B • IR`V'INE, CA 92614-6236 *LDEN & 949/660-0110 FAX:660-0418 S S 0 C IATE S CIVIL ENGINEERS - LAND SURVEYORS - PLANNERS FAX COVER LETTER DATE: August 2, 2002 W.O. NO.: 0010-000-001 PLEASE DELIVER TIME FOLLOWING PAGES TO: NAME: JEFF HUGHES COMPANY: CITY HUNTINGTON BEACH, CITY CLERK'S FAX NO.: (714) 374�1557 FROM: JEFF W ALDEN REGARDING: A.P. NUMBER FOR LEGAL IV6 1% COMMENTS: JEFF, HERE IS THE A.P. MAP SHOWING THE NUMBER YOU REQUESTED. IF YOU HAVE ANY QUESTIONS PLEASE FEEL FREE TO GIVE ME A CALL. A TOTAL OF 3 PAGES INCLUDING THIS COVER LETTER ARE BEING TRANSMITTED TO YOU, IF ALL PAGES ARE NOT RECEIVED, PLEASE NOTIFY THE SENDER AS SOON AS POSSIBLE AT (949) 660-0110. THANK YOU. HARD COPY TO FOLLOW CC: FAX'D za.ii EO, se snd Tod 2,P6 i39-35 r t59�4�r 110- EJ 1 rA PAGE'?. OF 7 SrKEi n,Ar,rnuA M i' - l a 1 • r Poo, - I ' EVEN11C crf ' of pAa t ttE was i . . � e ' 1 p Ln .� aFAevrs■ y� - . - /jam^. \ LOT LY 1 .. d ?.Sol G• - y;4Sv2Y / I NO, 1.4355 .' ,1mVARY lot IRACi PIP..'.: 113SS M.Y. 77o-P7 ro J3 IEFc. PLA7f -ASSESSOR'S BLOCK d , ASSESSOR'S AGP 1999 ��/.y/� / PAWL.RLLALHERS -LM BARK rip PAAC'513EP - SNOMN CIRCLES. -CAUNTr or ORANGE 110-511-01 za:ii EEL so snd zad Lb6 • ALDEN & k SSOCIATES DATE: August 2, 20N PLEASES NAME: JEFF HUGHES COMPANY: CITY Hu FAX NO,: (714) 374-1557 FROM: J EFF WALDEN . r 2552 WHITE ROAD, SUITE B • IRVINE, CA 92614-6236 949/660-0110 FAX: 660-0418 CIVIL ENGINEERS - LAND SURVEYORS - PLANNERS FAX COVER LETTER. W.O. NO.: 0010-000-001 THE FOLLOWING PAGES TO: REGARDING: A.P. NUMBER FOR LEGAL CITY CLERK'S OFFICE N� IL - - 37 COMMENTS: rEFF, HERE IS THE A.P. M SHOWING THE NUMBER YOUREQUESTED. IF YOU HAVE ANY QUESTIONS PL ASE FEEL FREE TO GIVE ME A CALL. A TOTAL OF 3 PAGES INCLUDING THIS COVER LETTER TO YOU, IF ALL PAGES ARE NOT RECEIVED, PLEASE NOTIFY THE POSSIBLE AT (949) 660-01 I0. THANK YOU. HARD COPY TO FOLLOW FAX'D CC: BEING TRANSMITTED ER AS SOON AS t7T:OT EO, Eo snd TOd 826 v m ftl m CV (9 0 D Q WrOAL -V N m XI`'1 Ql 11f1/111 OR SEE SPECIAL PAGE t 10-019 FOR FEE TITLE ASSESS`lENT BELOW SINFACE r 11(}— T 5 s. R it w , � a%27 lb 4114 ze lS 29 s ~ 40 21 9�'r 26 �Ic? ,C s 30 31 n 24 32 0.264 AC. 45.22299 Ac. �J 15�g t 23 .. 33 4. 17AC. a / 2 148- .. �' j35 0. i9 AC. ' 163- 26 6� `�sj� 12 `\ 7.75 At% 4 37 �'y 1 S-27 50 16 � Jv 91f) 524 23 .779 dC. \53 � 5-RAC.S 1. AIC 3.919 AC. 166.28 AC. 4� 52 y94 \ a 32 10.92AC: aN \\ 615.i9AC. ` 6 A 32 s a.� i 1 \ \ T1 318.99 12 \ 4 .00 5.67 d[. 9.9 JS.OD AC. Ac- \ L 3J�71C \ esa..m• ySj E MAC \ \ H } 39.6J AC. a 1fl - \ / iV k OC 2 m u R 5 1 0.470 \ / ia.:r R � 9 6 m.4• AC. AC. aar r 2$3 OTAC \ D\ / / aml 2. B8?s AIC Vs w 1968 R S 3-28 NDF£ - ASSESSOR'S SLf3CK B ASSESSO MAP PARCEL NUACERS BOOK 1 104 . (j1 SHOWN IN CIRCLES COUNTY OF^ 'DARANGF •' _ 930 P03 AUG 02 102 10:14 C cn rrr N. u c, 1frN.. ti 4to rV ��•LZZ r ��V�,t� �� �, iv cs U os � 1p �5g�8� � b t - l'�8 "•� s z q%w oiw o� gz � �z L 3 .�' i (3) January 7, 2002 - Council/Agency Agenda - Page 3 The City Council and the Redevelopment Agency of the City of Huntington Beach will regularly convene in joint session for the purpose of considering the following City Council -Redevelopment Agency Agenda Items. The Huntington Beach Parking Authority, Civic Improvement Corporation, and the Huntington Beach Public Financing Authority are also agencies on which Council serves as members.. On each Agenda these Agencies may have items scheduled. 7:00 P.M. - Council Chambers Reconvene City Council/Redevelopment Agency Meeting ** The City Attorney Shall Determine If Any Actions Taken By The City Council or Redevelopment Agency In Closed Session Shall Require A Reporting On Those Actions As Required By Law (Government Code §54957.1(a) (3) (B)). City Attorney reported out that on Monday, January 7, 2002 the City Council convened in closed session to discuss the matter of Brindle/Thomas v. City of Huntington Beach, OCCSCC No. 750203. The City Council voted to 1) Approved Settlement as set forth in the Settlement Agreement; and 2) Authorize the Mayor and the City Clerk to attest to the Agreement. The Council voted 4 to 0 with Mayor Cook and Councilmember Houchen absent at vote. d E 9` 0_ =d u E C N 7 0 N 0 M0 a 14 m� o° O C E0 mo = to T City of Huntington Beach P.O. Box 190 - Main Street Huntington Beachh,, CaliforniaC92648 HUNTINGTON BEACH From the desk of: Liz Ehring Deputy City Clerk Telephone: (714) 374-1559 i Fax: (714) 374-1557 74- �,� 1,114� -7 - -�'. � '-�E A'- L SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND RONALD I. BRINDLE, EMILY ANN BRINDLE, JOHN A. THOMAS & LINDA L. THOMAS This Settlement Agreement ("Agreement") is made and entered into this %"' day of 2002, by and between the City of Huntington Beach ("City"), a California municipal corporation; Ronald I. Brindle, Emily Ann Brindle; John A. Thomas and Linda L. Thomas ("Plaintiffs"). The aforementioned entities may sometimes hereinafter be singularly referred to as a "Party," or collectively referred to as "the Parties." RECITALS On July 5, 1995, the City amended the Ellis-Goldenwest Specific Plan ("Specific Plan") by approving Ordinance No. 3278, incorporating Zoning Code Amendment No. 93-1 (the "Ordinance"),- relating to the designation of a future park site on Tract 306 (the "Site") located within the boundaries of the Specific Plan area; and o Thereafter, Plaintiffs filed a lawsuit against the City entitled Ronald I. Brindle, Emily Ann Brindle; John A. Thomas and Linda L. Thomas v. City of Huntington Beach, et al., Orange County Superior Court.Case No. 750203 ("the Lawsuit"), which alleges, among other things, that the Ordinance is an illegal taking of Plaintiffs' property by inverse condemnation; and The Parties wish to provide for the conditional settlement of the Lawsuit and for the full and final release of all claims related thereto, based upon the conditions set forth below. AGREEMENT NOW, THEREFORE; based upon the representations set forth in the foregoing Recitals and for good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the Parties do hereby agree as follows: - 1 G:4:2001 agreement: Brindle settlement # 4 final 1. Dismissal of Lawsuit with Prejudice After Satisfaction of Conditions. Plaintiffs, on behalf of themselves, their heirs, successors and assigns, hereby agree to dismiss the Lawsuit with prejudice and release the City as set forth in Paragraph 12 below within thirty (30) calendar days after the City's Date of Repeal, Date of Conveyance, and Date of Payment (as defined herein). Notwithstanding California Code of Civil Procedure Section 1036 or any other statute or provision of law to the contrary, if the matter is settled pursuant to the conditions set forth herein, all Parties to the Lawsuit shall each bear, their own costs, litigation expenses, and attorneys' fees regarding the litigation of the Lawsuit. 2. Date of Repeal. The Date of Repeal shall be the date that the repeal of the Ordinance is fully and finally effective as a matter of law, pursuant to the Charter of the City of Huntington Beach and the laws of the State of California. The City Council of City shall schedule a hearing to consider and take action regarding the repeal of the Ordinance within 60 days from the date this Agreement is approved by the City Council. Nothing in this Agreement shall be construed as limiting, in any way, the City Council's discretion to approve, disapprove, or take no action on the repeal of the Ordinance. If the Ordinance is not repealed, since liability has already been determined, Plaintiffs shall have the right to proceed with the valuation phase of the Lawsuit, which is currently set for valuation trial on January 28, 2002, and this Agreement shall be of no further force or effect. Depending on the timing of the City's scheduling of the hearing regarding repeal of the Ordinance, the City shall agree to a continuance of the valuation trial, if requested. 3. Initiation of Zoning Changes Regarding the Site. For a period of five (5) years from the Date of Repeal, City shall not suggest or initiate any zoning changes, ordinances or other legislative enactments that, similar to Ordinance 3278, designate Tract 306 as a future park site, or change development standards for Tract 306 in a manner inconsistent with the entire 2 G:4:2001 agreement: Brindle settlement # 4 final Specific Plan area. Notwithstanding the foregoing, this Agreement shall not be construed as limiting, in any way, City's procedural obligation to analyze and process a zone change or other land use entitlement application regarding Tract 306 submitted by another person or entity acting as an independent third party authorized to submit such application for consideration by the City pursuant to Section 202.04(c) of the Huntington Beach Zoning and Subdivision Code and without a City's official's recommendation or suggestion. If the City adopts another ordinance or other legislative enactment that, similar to Ordinance 3278, designates Tract 306 as a future park site, regardless of whether said ordinance or other legislative enactment is suggested or initiated by the City or another person or entity, City shall be deemed liable in inverse condemnation for such action and Plaintiffs or their successors or assigns shall have the right to seek compensation relating to such change by filing an inverse condemnation proceeding in the Superior Court as they have done in the Lawsuit. 4. Payment of Settlement Funds; Conveyance of Property. Within twenty (20) calendar days from the Date of Repeal, City, shall pay Plaintiffs the sum of Seventy-five Thousand Dollars ($75,000.00), and City shall convey to Plaintiffs the lots owned by City in Tract 306 as listed in the matrix attached hereto as Exhibit "A" and the easements depicted in the Easement Deed attached hereto as Exhibit `B." Title to the lots and the easements shall vest in the Grantee or Grantees as identified by Plaintiffs. On condition that the Repeal is final and said payment and conveyance shall be made in full, this Lawsuit shall be settled. The City shall be relieved from any and all liability, including damages, attorney's fees, interest, litigation expenses, and costs of suit, except as set forth in Paragraph 3 herein. No further litigation of the Lawsuit, including a motion by Plaintiffs for recovery of their attorney's fees and litigation expenses, shall be permitted. Nothing in this settlement agreement protects the G:4:2001 agreement: Brindle settlement # 4 final City or results in waiver of Plaintiff's rights in the event the City initiates or a City official recommends a zone change relating to the Site as prohibited by this Agreement within the five (5) year period as set forth in Paragraph 3. 5. No Admission of Liability. This Agreement is not intended as, and shall not be construed as, an admission by any -Party against any other Party that the other Party has valid claims or defenses. 6. Captions. The captions of this Agreement are for purposes of reference and shall not limit or define the meaning of the provision of the Agreement. 7. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 8. Parties Have Not Transferred Rights. Each Party hereto represents and warrants to each other Party that it is the holder of the rights which are being settled, compromised, or restricted as part of this Agreement, and that it has not assigned or transferred to any other Party any of such rights. 9. Litigation. Expenses To Enforce This Agreement. In the event of litigation arising to enforce the provisions of this Agreement, the prevailing Party shall be entitled to recover its reasonable attorneys' fees, expert witness fees, and costs in addition to any other remedy it may obtain. 10. Drafting. This Agreement has been negotiated and the Parties have cooperated in the drafting and preparation of this Agreement. It shall not be construed against any of the Parties in the event of ambiguity. 11. Reliance Upon Legal Counsel. Each Party warrants and represent that in executing this Agreement, they have relied on legal advice from the attorney of their choice, that the terms 4 G:4:2001 agreement: Brindle settlement # 4 final • • of this Agreement and its consequences have been completely read and explained to each Party by that attorney, and that each Party fully understands the terms of this Agreement. 12. General Release of All Claims Upon Satisfaction of Conditions. a. Plaintiffs, on behalf of themselves, their heirs, successors and assigns, and in consideration of receipt of the payment of settlement funds and the receipt of the conveyance of properties as described hereinabove by City, hereby fully release City, its successors, and all other persons and associations, known or unknown, from all claims and causes of action by reason of any injuries and damages which have been. sustained, or may be sustained, as a result of the adoption of the Ordinance and the facts alleged in the Lawsuit. This release shall only be effective after the Date of Repeal, Date of Conveyance and Date of Payment as set forth herein. b._ Plaintiffs acknowledge and agree that this release applies to all claims that Plaintiffs may have against City arising out of the adoption of the Ordinance and the facts alleged in the Lawsuit for injuries, damages, or losses to Plaintiffs' persons and property, real or personal, whether those injuries, damages, or losses are known or unknown, foreseen or unforeseen, or patent or latent. c. Plaintiffs certify that they have read Section 1542 of the Civil Code set out r below, and indicate that fact by signing their initials here: --,T1 -� A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor. d. Plaintiffs hereby waive application of Section 1542 of the Civil Code. 5 G:4:2001 agreement: Brindle settlement # 4 final • e. Plaintiffs understand and acknowledge that the significance and consequence of this waiver of Section 1542 of the Civil Code is that upon City's satisfaction of the settlement conditions set forth herein, even if Plaintiffs should eventually suffer additional damages arising out of the adoption of the Ordinance or the facts alleged in the Lawsuit, they will not be permitted to make any claim for those damages. Furthermore, Plaintiffs acknowledge that they intend this release to apply to any claim for injuries and damages that may exist as of the date of this release but which Plaintiffs do not know exist, and which, if known, would materially affect Plaintiffs' decision to execute this release, regardless of whether Plaintiffs' lack of knowledge is the result of ignorance, oversight, error, negligence, or any other cause. f. Plaintiffs acknowledge and warrant that their execution of this release is voluntary, and that this release pertains to a disputed claim and does not constitute any admission of liability by City regarding the adoption of the Ordinance or for the facts alleged in the Lawsuit. 13. Arbitration. Any controversy between the parties regarding the construction or application of this Agreement, and any claim arising out of this Agreement or its breach, except Plaintiffs' right to seek compensation for City's adoption of a legislative enactment, ordinance or zone change, if any, in violation of Paragraph 3 herein, shall be submitted to a retired judge of the Orange County Superior Court for arbitration upon the written request of one party after service of that request on the other party. REST OF PAGE INTENTIONALLY LEFT BLANK 6 G:4:2001 agreement: Brindle settlement n 4 final 14. Entire Agreement. This Agreement represents the entire agreement between the Parties concerning the subject matter hereof. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by their authorized persons or officers on the date first above written. PLAINTIFFS Ronald 1. Brindle &7�4 dmt"Emily �- +' Brindle Linda L. Thomas REVIEWED AND APPROVED AS TO FORM: Mich . L Attorney for Plaintiffs CITY OF HUNTINGTON BEACH, a California municipal corporation 94 41; k ayor. . G;6 ATTEST City Clerk APPROVEDJAS TO FORM: . zo�� ity Attorney/_p-d=, REVIEWED AND APPROVED: L2 . a-. A4 City Ad nistrator INITI ED AND APPROVED: — -Z�� rector of Aanning 7 G:4:2001 agreement: Brindle settlement # 4 final EXHIBIT "A" MATRIX SETTING FORTH THE LEGAL DESCRIPTION OF PROPERTIES OWNED BY CITY IN TRACT 306 THAT ARE TO BE CONVEYED TO PLAINTIFFS APN 110-221-05 (Tr 306, Lt 05) APN 110-221-16 (Tr 306, Lt 16) APN 110-221-17 (Tr 306, Lt 17) APN 110-221-25 (Tr 306, Lt 25) APN 110-222-03 (Tr 306, Lt 29, 30) APN 110-222-15 (Tr 306, Lt 51) APN 110-222-17 (Tr 306, Lt 53) APN 110-222-29 (Tr 306, Lt 47) APN 110-222-30 (Tr 306, Lt 48) 8 G:42001 agreement: Brindle settlement # 4 final EXHIBIT "B" PIPELINE EASEMENT TO BE CONVEYED TO PLAINTIFFS G:4:2001 agreement: Brindle settlement # 4 final • RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: (Space above line for recorders use only) GRANT OF EASEMENT THIS GRANT OF EASEMENT.(this "Agreement") is made and entered into as of the day of , 2002, by and between THE CITY OF HUNTINGTON BEACH, a California municipal corporation ("Grantor") and , ("Grantee"). RECITALS A., Grantor is the owner of that certain real property located in the City of Huntington Beach, County of Orange, State of California described on Exhibit A attached hereto and shown on Exhibit B attached hereto and each made a part hereof (the "Easement Area"). B. Grantor desires to grant and Grantee desires to acquire an easement for the purposes described herein which will encumber the Easement Area. NOW THEREFORE, in consideration of the mutual promises contained herein, the parties hereby agree as follows: 1. Grant of Easement. Grantor hereby grants to Grantee a non-exclusive easement (the "Easement") over and under the Easement Area for the limited purposes and upon the terms and conditions set forth herein. Grantor reserves the right to use the surface or subsurface of the Easement Area for any purpose which does not materially impair Grantee's use of the Easement for the purposes set forth in this Agreement, including but not limited to, the development and operation of the Easement Area in conjunction with the County of Orange as a portion of the Bolsa Chica Linear Park. PDA: 2001 Agree: Thomas —Grant of Easement 2. Character of Easement; Termination and Assignment. The Easement is an easement in gross to the Grantee. The Grantee may assign its rights under this Agreement to any successor in interest to Grantee under that certain oil and gas lease described in Exhibit C attached hereto and made a part hereof (the "Bolsa Chica Lease"). The term of this Agreement shall be coterminous with the term of the Bolsa Chica Lease (i.e., this Agreement shall automatically terminate and be of no further force and effect upon the expiration or earlier termination of the Bolsa Chica Lease). In such event, Grantee (or its successors or assignees) shall deliver a quitclaim deed in recordable form evidencing such termination within five business days after written request by Grantor (or its successors in fee ownership to the Easement Area). Except as provided above in this Section 2, Grantee's rights under this Agreement may not be assigned or otherwise transferred. 3. Scope of Easement. The purposes and scope of the Easement shall be limited to (i) the operation and maintenance of the existing subsurface oil pipeline and fresh water pipeline within the Easement Area which services the operations under the Bolsa Chica Lease (the "Easement Improvements") and (ii) surface access to the Easement Improvements over the Easement Area. 4. "As -Is" Condition. Grantor expressly disclaims all express or implied representations and warranties as to the physical condition, value, fitness, use, compliance with zoning or other laws, or any other aspect or matter relating to the Easement Improvements. Grantee has made all inspections regarding the Easement Improvements that Grantee deems necessary or desirable. Grantee accepts the Easement Improvements in their "AS -IS" condition. 5. Obligation to Maintain and Repair. Grantee and its successors and assigns shall, at their sole cost, (i) operate, maintain and.repair the Easeement Improvements, and (ii) repair any damage to the Easement Area arising from the use of the Easement. 6.. Grantee's Indemnity. Grantee and its successors and assigns shall indemnify, defend, protect and hold Grantor and its successors and assigns and the Easement Area harmless from and against any and all claims, suits, judgments, mechanics liens, actions, losses, obligations or liabilities (including without limitation actual attorneys fees of counsel approved by the indemnified party and costs of suit) of any type or nature arising out of or related to the use of the Easement Area or the Easement Improvements by Grantee or its successors or assigns. 7. No Interference with Park Development and Operation. Grantee acknowledges that Grantor, in conjunction with the County of Orange, intends to develop the Easement Area as a portion of the Bolsa Chica Linear Park. Grantee and its successors and assigns shall not interfere, challenge or in any way hinder the development and operation of the park. Grantee and its successors and assigns shall make no claim of compensation against Grantor or any other public agency regarding the development and operation of the Park. 2 PDA: 2001 Agree: Thomas — Grant of Easement IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. "Grantor" "Grantee" CITY OF HUNTINGTON BEACH, A California corporation Mayor ATTEST: City Clerk APPROVED AS TO FORM City Attorney INITIATED AND APPROVED: Director of Public Works REVIEWED AND APPROVED: City Administrator 3 PDA: 2001 Agree: Thomas — Grant of Easement EXHIBIT `A' LEGAL DESCRIPTION FOR PIPELINE EASEMENT THAT PORTION OF LINEAR PARK — PARCEL 5 AS CITY OF HUNTINGTON BEACH RECORDED MAY 0.102558, OFFICIAL RECORDS IN THE OFFICE OF 7 OF ORANGE, STATE OF CALIFORNIA. INCLUDE] FEET IN WIDTH, THE CENTER LINE OF SAID Sl DESCRIBED AS FOLLOWS: DESCRIBED IN THE DEED TO THE 14, 1995 AS INSTRUMENT NO. 95- HE COUNTY RECORDER, COUNTY WITHIN A STRIP OR LAND 10.00 ZIP BEING MORE PARTICULARLY BEGINNING AT THE INTERSECTION OF THE EASTERLY LINE OF SAID LINEAR PARK - PARCEL ' 5 *WITH A LINE THAT IS PARALLEL WITH AND 26.00 FEET SOUTHERLY OF THE SOUTHERLY LINE OF PARCEL 1 AS SHOWN ON THE MAP FILED IN BOOK 42, PAGE 25 OF PARCEL MAPS, RECORDS OF SAID COUNTY; THENCE SOUTH 890 18' 15" WEST 161.49 FEET TO THE WESTERLY LINE OF SAID LINEAR PARK— PARCEL 5. THE SIDELINES OF SAID STRIP ARE TO BE LENGTHENED OR SHORTENED SO AS TO TERMINATE AT THE EASTERLY AND WESTERLY LINE OF SAID LINEAR PARK — PARCEL 5. VWEN & OCIATES CIVIL ENGINEERS - LAND SURVEYORS - PLANNERS 2552 WHITE ROAD, SUITE B - IRVINE, CA 92614-6236 (949) 660-0110 FAX: 660-0418 LEGAL DESCRIPTION FOR PIPELINE EASEMENT W.O. No. 0808-388-1 Date 07/18/00 Engr. J.W. Chk. D.W. Sheet 1 of 2 !� ExHIB1. • `A' LEGAL DESCRIPTION FOR WATER LINNE EASEMENT THAT PORTION OF LINEAR PARK PARCEL 5 AS DESCRIBED IN THE DEED TO THE CITY OF HUNTINGTON BEACH RECORDED MAY 14, 1995 AS INSTRUMENT NO. 95- 0102558, OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER, COUNTY OF ORANGE, STATE OF CALIFORNIA. INCLUDED WITHE 1 A STRIP OR LAND 20.00 FEET IN WIDTH, THE CENTER LINE OF SAID STRIP BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE EASTERLY LINE OF SAID LINEAR PARK - PARCEL 5 WITH A. LINE THAT IS PARALLEL WITH AND 40.00 FEET SOUTHERLY OF THE SOUTHERLY LINE OF PARCEL I AS SHOWN ON THE MAP FILED IN BOOK 42, PAGE 25 OF PARCEL MAPS, RECORDS OF SAID COUNTY; THENCE SOUTH 890 18' 15" WEST 151.62 FEET TO THE WESTERLY LINE OF SAID LINEAR PARK — PARCEL 5. THE SIDELINES OF SAID STRIP ARE TO BE .LENGTHENED OR SHORTENED SO AS TO TERMINATE AT THE EASTERLY AND WESTERLY LINE OF SAID LINEAR PARK — PARCEL 5. kSDEN & [XGAL DESCRIPTION SOCIATES FOR WATERLINE_ EASEMENT CIVIL ENGINtERS—PLANNERS—LAN D SURVEYORS WHO. No. 0808-388-1 Date 07/18/00 18012 CONVAN. SuiTE 210 • IRVINE, CA 9:614 Eng. 3,W. Chk. D.W. Sheet I of 2 949/660-0110 FAX: 660-0419 6Z:SS 00, 61 mr 00d EEL WESTO& LINE OF CITY OF HUNTINGTON BEACH PROPERTY GRANTED 03/14/95 PER INST. NO. 95-0102558 OR. EASTERLY LINE OF CITY OF HUNTINGTON BEACH PROPERTY GRANTED 03/14/95 PER INST. N0. 95-0102558 OR. SCALE: 1'=100' No. 3347 Exp. 6-30-04 � I a- L:i► vL-nrl 111R 10.00 `r J A �/�r•I P AKI.A. �m I ' I ip EDWARDS STREET N 00 5176' W Z' 2ro.0010 CO CO v � Q N t[Z ka W � z� J co ��Q3CC W� Z �IL N 0 N 659.96' a N ALD E N & EXHIBIT •B� SKETCH TO ACCOMPANY A S S O C IATE S LEGAL DESCRIPTION FOR PIPELINE EASEMENT 18012 COWAN, SUITE.210, IRVINE, CA 92714 W.O. No, 0808-388-001 Date 07/18/0O (714) 680-0110 FAX: 660-0418 En r.J-W- Chk.-•W, Sheet-2—Of-L - WESTERLY LINE 'Of GI F HUNTINGTON BEACH PR ERTY GRANTED 03/14/g5 PER INST. N0. q5-0102558 O.R. EASTERLY LINE OF CITY OF HUNTINGTON BEACH PROPERTY GRANTED 03/14/g5 PER INST. NO. q5-0102558 O.R. 5GALEr. 1"=100' ;I+ " 1 IAIr'��) 7r 01Vlnh nt;r.►:l CN9 n, �UL-L. aILU ,cc m . EDWARDS STREET N 00312G, W n n oc� N CO z G5q.g6' -� ALDEN & Exn►BIT TO SKETCH TO - ACCOMPANY A S S 0 CIATE S LEGAL DESCRIPTION FOR WATER LINE EASEMENT 18012 COWAN, SUITS 210, MINE, CA 92714 W.O. NO 0808.5 -001 (714) 480-0110 FAX: 680-0418 Enar.JA -Chk, VA ' 0� b Date 07/15/00 Sheet2-0f-L— 6Z:ST 00, 6T -int SOd EEL EXHIBIT "C" BOLSA CHICA LEASE An Oil and Gas -Lease dated January 1, 1920, executed by Bolsa Land Company and Bolsa Chica Gun Club, as Lessors, and Standard bit Company, as Lessee, and recorded February 14,1921 An Book 19, Page 168 of.Leases, of Records of Orange County, California, as amended by that instrument executed by Bolsa Land Company and Standard Oil Company of California recorded December 23, 1941 in Book 1128, Page 1 of Official Records, and as further amended by that Line Well Agreement executed by Huntington Beach Company, Edward R. Valentine, and Standard -oil Company of California recorded September 22, 1965 in Book 7675, Page 794 of official Records, which covers the following described property: Being a portion of Section 34, Township 5 South, Range 11 West in the County of Orange, State of California, as shown on the map recorded in Book 51, Page 13 of Miscellaneous Maps, Records of said County, more particularly described as follows: Beginning at the southeast corner of the Northeast Quarter of the Southeast Quarter of the Southeast Quarter of the Northwest Quarter of said Section 34; thence north 1591.66 feet; thence south 51°27100". west 2281.17 feet;.thence south 2150 feet; more or less, to the north line of the South Half of the Northwest Quarter of the Southeast Quarter of the Southwest Quarter of said Section 34; thence east 818 feet; thence north 1320 feet; thence east 330 feet; thence north 660 feet; thence east 660 feet to the point of beginning. Excepting therefrom that portion'of the above mentioned parcel described as follows: Beginning at a point in the easterly line of that certain parcel of land described as "Parcel 1" in Amendment to Oil and Gas Lease, recorded December 23, 1941, in Book 1128, Page 1 of Official Records, in the Office of said Recorder, said point lying north 1091.661.from the southeast corner of the Northeast Quarter of the Southeast Quarter of the Southeast Quarter of the Northwest Quarter of said Section 34; thence along the boundary of said "Parcel 1" by the following courses and distance: north 500.001, west 20.00' and south 5.1027100" west 605.011; thence south 76*00100" east 508.261 to the point of beginning; consisting of 2.74 acres, more -or less. EXHIBIT "C" HOLLY-SEACLIFF AREA OF BENEFIT DISTRICT REPORT FINAL REPORT APPENDIX C: THOMAS-BRINDLE SETTLEMENT AGREEMENT FOR THE CITY OF HUNTINGTON BEACH MARCH 20, 2002 MuniFinancial A W ILL DAN o o M PAN Y Corporate Office Regional Office 28765 Single Oak Drive, Suite 200 1736 Franklin Street, Suite 450 Temecula, California 92590 Oakland, CA 94612 Tel: (800) 755-MUNI (6864) Tel: (510) 832-0899 Fax: (909) 699-3460 www.muni.com Fax: (510) 832-0898 - I 19 Ccrporate Plaza Drive — Newport Beach, California 92660 ?! ION tel949-721-9777— fax949-729-1214 IC Transmittal To: Scott Field, Esq. From: Bill Holman, Re: Brindle -Thomas Settlement Agreement Date: July 3, 2001 Attached is a full copy of the above settlement agreement per your request. x ry to m iq'I —o S Lst CO PLC/Users/Fonns F NALr- ._ SETTLEMENT AGREEMENT This Settlement Agreement (the "Agreement"). is made at Huntington Beach, California, as of July 21, 1993, by and among JOHN A. THOMAS, and LINDA THOMAS (collectively, "Thomas"), RONALD I. BRINDLE and EMILY ANN BRINDLE (collectively, "Brindle") (Brindle and Thomas ,are collectively referred to herein as "Plaintiffs"), and URBAN WEST COMMUNITIES, a California corporation ("UWC"), SEACLIFF PARTNERS, formerly known as GARFIELD PARTNERS, a California general partnership ("SP"), CHEVRON LAND & DEVELOPMENT CO., a California corporation ("Chevron"), HUNTINGTON BEACH COMPANY, a California corporation ("HBC"), HUNTINGTON SEACLIFF CORPORATION, a California corporation ("HSC") and PACIFIC COAST HOMES, a California corporation ("PCH") (UWC, SP, Chevron, HBC, HSC and PCH are collectively referred to herein as "Defendants") with respect to the following facts: A. Plaintiffs have filed an action entitled John A. --Thomas�---et--al:--v-.---C-itv -of--Huntington Beach, et al._, orange- Count Superior Court Case No. 68-53-77 (the "Lawsuit"), which names the City of Huntington Beach (the "City") and Defendants (except PCH) as respondents and defendants. The Lawsuit challenges the City's • approval of an Addendum to an Environmental Impact Report for a project proposed by SP and PCH affecting land owned by some of the Defendants. B. Brindle is the owner of the property (the "Brindle Property") located at 18851 Golden West Street as more particularly described on Exhibit "A-1" attached hereto and as shown on the map attached hereto as Exhibit "A-2" and Thomas and certain other parties are the owners of the property (the "Thomas Property") located at 18851 Stewart Street as more particularly described on Exhibit 11B-1" attached hereto and as shown on the map attached hereto as Exhibit "B-2." The Brindle Property and the Thomas Property are sometimes collectively referred to herein as the "Properties." C. Without admitting the validity of any of the contentions which have or might.have been made, the parties to this Agreement desire to settle the matters presently in dispute among them. D. Civil Code section 1542 provides: A general release does not extend to claims which a creditor does not know or suspect to exist in his favor at the time of executing the release, F:\REAL\873\15115001\SETTLEMT.AGT rev 07/20/93 which if known by him must have materially affected his settlement with the debtor. E. In addition to the settlement of all matters in controversy with respect to the Lawsuit and except as otherwise expressly provided herein, Plaintiffs and Defendants desire to settle all .other claims, demands and/or causes of action which may exist among them, -whether known or unknown, suspected or unsuspected, which may arise, or are related to the existing (as of the date of this Agreement) Holly Seacliff Specific Plan, the existing (as of the date of this Agreement) Ellis Golden West Specific Plan (except for claims against the City) and the acquisition of land under the threat of the City's power of eminent domain for the widening of Golden West Street and Garfield Avenue. IN LIGHT OF THE FOREGOING FACTS, IT IS MUTUALLY AGREED THAT; 1. Effective Date/ Escrow. This Agreement shall become effective upon the date (the "Effective Date") Plaintiffs' counsel receive signed copies of letters from the City in the form of --Exhibit-" C-1!!-and--Exhibit--"C-2_"__r_elating to,_among other things, the triggering of the payment of the assessment imposed ----------- by the Assessment Districts described in Paragraph 10 herein and the conformity of the Properties with the Holly Seacliff Specific • Plan and the Ellis Golden West Specific Plan including, without limitation, the landscaping and setback requirements thereof. Not later than three (3) business days after the execution of this Agreement by both Plaintiffs and Defendants, Plaintiffs and Defendants shall open an escrow ("Escrow") with First American Title Insurance Company, 114 East Fifth Street, Santa Ana, California 92701 ("Escrow Holder") by delivering one (1) fully executed copy of this Agreement to Escrow Holder. The filing of the dismissal of the Lawsuit, the transfer of the Access. Easement, the Right -of -Way Deeds, the Construction Licenses, the Storm Drain Easement, the Copeland Lease Royalties Assignment, the Agreement and Grant of Slant Drilling Rights, the Quitclaim Deed and the payment of the compensation to Plaintiffs set forth in Paragraph 9 herein shall take place through Escrow as provided herein. This Agreement shall also constitute instructions to Escrow Holder. Escrow Holder's general provisions are attached hereto as Exhibit "R." If there is any conflict between the provisions of this Agreement and the provisions of Exhibit "R." the provisions of this Agreement shall control. The closing ("Closing") of Escrow shall occur upon satisfaction of the conditions described in Paragraph 19 herein, but in no event later than September 30, 1993 ("Outside Closing Date"). If the Escrow is not in a condition to close on or prior to the Outside Closing Date, then Escrow Holder shall return all funds, documents and instruments to the parties who deposited the same • F:\REAL\873\15115001\SETTLEMT.AGT — 2 — rev 07/20/ 93 • into Escrow, and this,Agreement shall be deemed terminated and of no further force or effect. 2. Dismissal of Lawsuit. Within five (5) days after the Effective Date, Plaintiffs shall deliver to Escrow Holder a request with the court for dismissal of the Lawsuit with prejudice. 3. Access Easement. Within five (5) days after the Effective Date, Brindle.and SP shall deliver to Escrow Holder the Grant of Easement in the form of Exhibit "D" ("Access Easement"), duly executed and acknowledged by Brindle and SP, by which Brindle conveys to SP an easement for temporary secondary access purposes over a portion'of the Brindle Property. 4. Golden West/Garfield Right -of -Ways. Within five (5) days after the Effective Date, Brindle and Thomas shall deliver to Escrow Holder the grant deeds in the forms of Exhibit "E" and Exhibit "F," respectively (the "Right -of -Way Deeds"), duly executed and acknowledged by Brindle and Thomas, by which _ _________Br_indie,_ Thomas and any_ other party in which title to the Thomas Property is vested under the threat of the Cfy's-power of----_ eminent domain convey to the City a right-of-way for the widening of Golden West Street and Garfield Avenue and the installation of public utilities within said right-of-way. As a condition to the Closing of Escrow for the benefit of Defendants, any monetary encumbrances, except nondelinquent real property taxes and assessments, recorded against the portion of the Brindle Property r and the Thomas Property to be conveyed to the city pursuant to the Right -of -Way Deeds shall be removed from title, at Plaintiffs' expense. 5. Construction Licenses. Within five (5) days after the Effective Date, Brindle, Thomas and SP shall deliver to Escrow Holder the grant of construction licenses in the form of Exhibit "G" (for the Brindle Property) and Exhibit."H" (for the Thomas Property) (collectively, "Construction Licenses"), duly executed by Brindle, Thomas and SP, by which Brindle and Thomas grant to SP temporary licenses for the purpose of permitting SP to enter upon the portion of the Properties depicted in Exhibit "G" and Exhibit "H" for the purpose of conducting activities related to and incidental to the construction of the widening of Golden West Street, Garfield Avenue and Stewart Street to the width shown in the Right -of -Way Deeds. 6. Storm Drain Easement. Within five (5) days after the Effective Date, Brindle, Thomas and SP shall deliver to Escrow Holder the storm drain easement in the form of Exhibit "I" (the "Storm Drain Easement"), duly executed and acknowledged by Brindle, Thomas and SP, by which Brindle and Thomas convey to SP . a storm drain easement over that certain real property described f:\REAL\873\15115001\SETTLENT.AGT 3 — rev 07/20/93 • as Lots A, 1, 26, 27, 52 and 53 of Tract 306 as per map recorded in Book 14, Page 28 of Miscellaneous Maps, Records of Orange County, California for the purpose of constructing and maintaining a storm drain (the "Storm Drain"), but reserving to Brindle and Thomas the right to use the surface of said property including, but not limited to, Brindle's and Thomas' access to the Brindle Property and Tract No. 306, provided that such use does not interfere with the use by SP or its successors and assigns of the storm drain easement. Prior to SP's commencement of construction of the Storm Drain, SP shall install" a temporary fence between the Brindle Property and the area of the Storm Drain Easement for the purpose of prohibiting access from the Brindle's nursery to the area of the Storm Drain Easement. 7. Assignment of Copeland Lease Royalty Interests and Grant of Pass Through Rights. Within five (5) days after the Effective Date, the Defendants named below shall deliver to Escrow Holder the instruments described below by which those Defendants shall assign to Plaintiffs all of their royalty interests in the Copeland Lease together with pass through rights. ----------------i-n--ce-r-tan-other"_pr-operty_._ The parties hereby acknowledge that the term "Copeland Lease" means and refers to that -certain lea -se -,------------- dated December 19, 1919, by and between James J. Conrad and Gussie Conrad et al., as lessors, and Union Oil Company, as • lessee, recorded January 13, 1920 in Book 12, Page 132 of Leases. (a) A duly executed and acknowledged quitclaim deed ("Quitclaim Deed No. 111) in the form of Exhibit "J-1" by r which UWC, Chevron, HBC, HSC and PCH quitclaim to SP all of such parties' right, title and interest in all royalties. presently due and hereafter due from Plaintiffs' production under the Copeland Lease; and a duly executed and acknowledged assignment of royalties ("Copeland Lease Royalties Assignment") in the form of Exhibit "J-2" by which SP shall assign to Plaintiffs all of SP's right, title and interest in all royalties presently due and hereafter due from Plaintiffs' production under the Copeland Lease, and release Plaintiffs from any claim for past royalties or other compensation to which Defendants allege to be entitled from Plaintiffs under the Copeland Lease. Quitclaim Deed No. 1 shall be recorded immediately prior to the recordation of the Copeland Lease Royalties Assignment. _ (b) A duly executed and acknowledged quitclaim deed ("Quitclaim Deed No. 211) in the form of Exhibit "K-1" by which UWC, Chevron,, HBC, HSC and PCH quitclaim to SP all of such."parties' right to drill and operate a slant well into or through the portion of the Property described in the Agreement and Grant of Slant Drilling Rights; and a duly • executed and acknowledged agreement and grant of slant drilling rights ("Agreement and Grant of Slant Drilling F:\REAL\873\15115001\SETTLEMIT.AGT — 4 — rev 07/20/93 • Rights") in the form of Exhibit IIK-2" pursuant to which SP shall grant Plaintiffs slant drilling rights under the property east of "Copeland 9" and more particularly described in the Agreement and Grant of Slant Drilling Rights. Quitclaim Deed No. 2 shall be recorded immediately prior to the recordation of the Agreement and Grant of Slant Drilling.Rights. (c) A duly executed .and acknowledged quitclaim deed (the "Quitclaim Deed No. 3") in the form of Exhibit "L" by which Defendants quitclaim to Brindle all of Defendants' right, title and interest in the five (5) acres described in the Quitclaim Deed. 8. Temporary Drainage Rights. Brindle and Thomas agree that until the Storm Drain described in Paragraph 6 is complete, neither Brindle nor Thomas will interfere with the natural surface water drainage from the residential site to be located immediately.south of the Brindle Property ("Tract No. 1400911) so long as (a).the water flows only through natural drainage courses _--- __-__over the _portion of Tract No. 306 described as Lots 1 through 65 of Tract No. 306; and (b) the surface -water---runof-f--does--not------------_---= exceed two hundred (200) cubic feet per second flow. Notwithstanding the foregoing, Brindle and Thomas may utilize Tract No. 306 for any lawful purpose provided such use does not alter the natural drainage courses in such a way as to cause physical damage to Tract No. 14009. Notwithstanding the foregoing, Defendants acknowledge and agree that the drainage r from Seattle Lane (as shown on Tentative Tract Map No. 14009) shall be minimal, and Defendants shall indemnify and hold Brindle and Thomas harmless from any damage caused to Tract.No. 306 or the Brindle Property due to the drainage of water from Seattle Lane; provided, however, that this indemnity obligation shall only apply to damage occurring during the period of time from the commencement of construction of Seattle Lane to the date the Storm Drain is completed and operating. During the construction of the homes within Tract No. 14009, Defendants shall install a temporary fence between the Brindle Property and Tract No. 14009 to prohibit access to the Brindle Property from Tract No. 14009. On or prior to the occupancy of the first home within Tract No. 14009, Defendants shall construct a six to eight (6 to 8) foot high masonry block wall between the Brindle Property and Tract No. 14009 to prohibit access to the Brindle Property from Tract _ No. 14009 except for emergency access from Seattle Avenue pursuant to the Access Easement. 9. Compensation to Plaintiffs. Within five (5) days after the Effective Date, Defendants shall deposit into Escrow i.n cash or other immediately available funds the sum of One Million Four Hundred Thirty -Four Thousand Five Hundred Twenty -Nine Dollars • ($1,434,529.00) which represents compensation to Thomas in the F:\REAL\873\15115001\SETTLENT.AGT rev 07/20/93 • amount of Eight Hundred Fifteen Thousand Dollars ($815,000.00) and compensation to Brindle in the amount of Six Hundred Nineteen Thousand Five Hundred Twenty -Nine Dollars ($619,529.00). 10. Indemnification for Assessment Districts. UWC, SP and PCH and their successors and assigns as hereinafter defined (collectively, the "Indemnifying Parties") agree to indemnify, defend (with counsel acceptable to Plaintiffs) and hold Plaintiffs harmless from and against any damage, claim, liability or expense (including, without limitation,. reasonable attorneys' fees and fees of expert witnesses) (collectively, "Claims") arising from or in connection with the City's demanding payment of assessments through one or more. assessment or reimbursement districts ("Assessment Districts") to be established after the date of this Agreement pursuant to City Ordinance No. 3151 or any other similar or successor ordinance for the purpose of reimbursing directly or indirectly or in any other manner benefitting the Indemnifying Parties or an affiliate (as hereinafter defined) of the Indemnifying Parties, for the cost of the public improvements within the Holly Seacliff Specific Plan - ---or-the-Ellis Golden -West Specific Plan if such assessments are required ito be paid during the cont-inuat-ion-of- the--e-xisting-us.es___-___-._ of the Brindle Property or the Thomas Property or as a condition of approval in connection with the following types of land use • applications (hereinafter referred to collectively as the "Exempt Activities") 0 (a) the expansion of the current conforming uses of the Thomas Property, including oil and gas production activities, obtaining new drilling permits, alterations of existing structures and new construction preponderantly benefitting the oil and gas production business, the storage yard or the. trucking business and the expansion of the current conforming uses, if any, of the Brindle Property; (b) alterations to existing nonconforming structures on the Brindle Property and the Thomas Property, if any, which alterations do not exceed one third (1/3) of the value of the structure being altered, value being defined in the Uniform Building Code as the estimated cost to replace such structure, based upon current replacement costs; (c) new construction_ on the Brindle Property directly benefitting the current nonconforming uses of the Brindle Property which construction does not exceed one third (1/3) of the value of the improvements on the Brindle Property, value being defined in the Uniform Building Code as the estimated cost to replace such structures, based upon current replacement -..costs; F:\REAL\873\15115001\SETTLEMT.AGT — 6 — - rev 07/20/93 • (d) the continuation of the oil and activities, including the obtaining of new with respect to the oil and gas leasehold Brindle and Thomas on the Brindle Property 306; and gas production drilling permits, interest of and Tract No. (e) any horticultural use upon the Brindle Property and Tract No. 306. The Indemnifying Parties as part of their application to the City for the formation of any one or more Assessment Districts may apply for an amendment to Order inance No. 3151 of the City of Huntington Beach which added Chapter 17.68) entitled "Cost Reimbursement Districts" to the City's Municipal Code, the purpose of which shall be to amend Ordinance No. 3151 to provide that the assessments imposed by any one or more such Assessment Districts shall not become due and payable as a result of the Exempt Activities. The Indemnifying Parties' obligations to indemnify Plaintiffs pursuant to this Paragraph 10 shall --- ------ - automatically terminate upon the City's approval of an amendment - - to Ordinance --No. 315-1—which--exempts--the._Exempt_Act-ivities from _ the payment of all such assessments. If the Indemnifying Parties apply for such an amendment and the City does not approve such an amendment or if the Indemnifying Parties do not apply for such an amendment, the indemnification obligations of the Indemnifying Parties pursuant to this Paragraph 10 shall remain unchanged and in full force and effect. If the Indemnifying Parties apply for such an amendment, Plaintiffs acknowledge and agree that the language of the amendment is not specifically required to refer to the Brindle Property, the Thomas Property or Tract No. 306 by name; provided, however, that the effect of the amendment will be to prohibit the City from requiring the payment of the. assessments as a result of the Exempt Activities. For purposes of this Paragraph 10, successors and assigns shall include if the Indemnifying Party is a corporation, unincorporated association, or partnership, a person or entity acquiring substantially all of the assets of or fifty percent (50%) or more of the total outstanding stock or interest in such corporation, unincorporated association or partnership, and shall also include if the Indemnifying Party is a corporation, an entity into which such corporation is merged or consolidated. For purposes of this Paragraph 10, affiliate shall mean and refer to a person or business entity that, directly or indirectly, through one or more intermediaries, controls, or is controlled by, or is under common control with the Indemnifying Parties, "control" being defined to mean the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of such person or business entity, F:\REAL\873\15115001\SETTLEMT.AGT — 7 — rev 07/20/93 iwhether through the ownership of voting securities, by contract or -otherwise. i� U • In the event the Indemnifying Parties are required to indemnify Plaintiffs pursuant to the terms hereof, then the following terms and conditions shall apply: Plaintiffs shall give all of the Indemnifying Parties written notice of the City's demand for payment of the assessments. Plaintiffs shall be deemed to have given the requisite notice if such notice is delivered to the following addresses: If to UWC: Urban West Communities 520 Broadway Suite 100 Santa Monica, California 90401 If to SP: If to PCH: Seacliff Partners 520 Broadway Suite 100 Santa Monica, California 90401. ---- ------ Pacific Coast Homes-------------�-�----- --- 23 Corporate Plaza Suite 250 Newport Beach, California 92660-7192 Each such notice shall be deemed delivered (1) on the date delivered if by personal delivery, (2) on the date of transmission with confirmed answer back if by telex or telecopier, and (3) seventy-two (72) hours after deposit in the United States mail (postage prepaid) if by registered or certified mail. Within thirty (30) days after the Indemnifying Parties' receipt of the written notice, the Indemnifying Parties shall either (a) make payment directly to Plaintiffs of the assessments required to be indemnified hereunder ("Indemnified Claims") or (b) make payment of the Indemnified Claims directly to the City. Concurrently with the Indemnified Parties' payment of the Indemnified Claims, the Plaintiff seeking indemnification hereunder shall deliver to the Indemnifying Parties a promissory note ("Note") in the form of Exhibit "M" in the amount of the Indemnified Claims. The Note shall bear interest at the same rate at which the unpaid assessments imposed by the Assessment District bear interest, shall be non-negotiable and shall become due and payable only in the event (a) the indemnified Plaintiff sells the Property to other than a Permitted Assignee or ()b) the indemnified Plaintiff applies to the City for approval to conduct an activity upon their Property which is not an Exempt Activity and which but for the Indemnified Parties' prior payment of the Indemnified Claims would have triggered the payment of the f:\REAL\873\15115001\SETTLENT.AGT —8— rev 07/20/93 • assessments included within the Indemnified Claims. Notwithstanding the foregoing, if a Plaintiff who has previously been indemnified by the Indemnifying Parties pursuant to the terms hereof applies to the City for approval to conduct an activity upon their Property which would have triggered the payment of only a portion of the assessments included within the Indemnified Claims, then Plaintiffs shall only be required to. pay down the portion of the Note equal to the amount of the assessment which the City would otherwise have required such Plaintiff to pay. The Note shall be secured by a deed of trust (the "Deed of Trust") in the form of Exhibit "N" which shall be recorded against the property of the Plaintiff -seeking indemnification in lieu of the lien of the Assessment District. The Deed of Trust shall contain a subordination provision pursuant to which the Indemnified Parties shall agree that the Deed of Trust shall be subordinate to any future deeds of trust ("Future Deeds of Trust") recorded against the secured property provided that the a_mount secured by any one or more such Future Deeds of Trust shall not exceed —in t-he—aggregate—a-ighty per_cent_(80$)_ of the value of the secured property at that time less the amount of the Indemnified Claims. The value of the secured property shall be determined by an appraiser licensed by the State of California. The parties agree that an appraisal performed by Plaintiffs' lender in connection with a loan application to obtain a loan to be secured by a Future Deed of Trust shall satisfy the appraisal r requirement herein. If upon the later of (a) twenty (20) years after the date the Assessment District is formed and (b) the date of the termination of the reimbursement agreement applicable to said Assessment District, Plaintiffs have not been required to pay the Note pursuant to the terms hereof, then the Note (or any unpaid portion thereof) shall be deemed cancelled and the Indemnifying Parties shall instruct the trustee of the Deed of Trust to issue a reconveyance of the Deed of Trust. Notwithstanding anything to the contrary contained in this Agreement, Plaintiffs' rights under this indemnification provision shall inure to the benefit of Plaintiffs and the following persons or entities only (collectively, the "Permitted Assignees") (i) a descendant or a member of the immediate. family of any Plaintiff; (ii) a trust or family partnership for the benefit of Plaintiffs, their descendants or members of their immediate family; and (iii) the beneficiary of any such trust. The right of'Plaintiffs and the Permitted Assignees to enforce this indemnification provision shall remain in full force and effect if (A) Plaintiffs or the Permitted Assignees sell their business but retain ownership of the Property; or (B) Plaintiffs or the Permitted Assignees lease their Property. F:\REAL\873\15115001\SETTLEMT.AGT '9" rev 07/20/93 • Plaintiffs will not challenge, contest or otherwise oppose the inclusion of the Brindle Property or the Thomas Property in one or more Assessment Districts to be established after the date of this Agreement pursuant to City Ordinance No. 3151 or any other similar City ordinance for the purpose of reimbursing. Defendants for the acquisition of land for right-of- way and/or the construction.of various public infrastructure improvements within the Holly Seacliff Specific Plan or the Ellis Golden West Specific Plan. 11. Brindle Property Reconstruction and Reconfiguration. Defendants shall be responsible for the building reconstruction and site reconfiguration work relating to -the Brindle Property described in this Paragraph 11 and partially shown on the plans attached hereto as Exhibit "O" (referred to collectively as the "Brindle Site Work"). Defendants shall have the option of either (a) performing the Brindle Site Work at their own cost; or(b) reimbursing Brindle for the cost of the Brindle Site Work pursuant to a budget reasonably approved by Defendants but only if Brindle agrees to perform the Brindle Site Work. If Brindle -- -----elects__not_ to perform some or all of the Brindle Site Work, or if Brindle or Defendants cannot agree -upon-the--amount o-f--the--budget-__-- pursuant to which Brindle will be reimbursed, then Defendants shall perform the Brindle Site Work at their sole expense. The parties agree that the responsibility for performing the Brindle • Site Work may be divided between Defendants and Brindle in which event the portion of the Brindle Site Work .performed by Brindle shall be subject to reimbursement pursuant to a budget reasonably r approved by Defendants. All work shall be performed pursuant to applicable codes and regulations. Defendants shall indemnify and hold Brindle harmless for any damage or mechanic's liens relating to work performed by Defendants or arising from Defendants' failure to timely reimburse Brindle. Prior to Defendants' entry upon the Brindle Property, Defendants shall provide Brindle with a certificate of Defendants' liability insurance policy designating Brindle 'as a named insured, which insurance shall be primary coverage regardless of whether Brindle has other collectible insurance, and Brindle shall have the right to deny Defendants' access to the Brindle Property if such certificate does not evidence coverage in the amount of One Million Dollars ($1,000,000.00) to protect Brindle against any loss, damage or injury which may occur as a result of Defendants' entry upon the Brindle Property. Brindle will, within thirty (30) days after the receipt of a written request by Defendants, vacate the front twenty (20) feet of the building on the Brindle Property located nearest to Golden West Street in order to allow Defendants to kemove the twenty (20) feet as required to widen and improve Golden West Street. Prior to 'removing any portion of the building, Defendants shall install a temporary wall at what will • become the new front of the building so that upon commencement of the demolition work, the building will be closed. Brindle f:\REAL\873\15115001\SETTLENT.AGT —10 — rev 07/20/93 retains the right to any salvage from said demolition work. Defendants will replace the temporary wall with a permanent wall in connection with the reconstruction of the building. Defendants shall simultaneously with the removal and reconstruction of the building perform the following Brindle Site Work in accordance with Brindle's specifications, which shall be similar to Brindle's existing. improvements, and will'include the following: • Remove and relocate wrought iron fence with concrete pilasters adjacent to parking area and install a temporary fence in the location indicated on the plans attached hereto as Exhibit 110." Upon completion of the widening install a new wrought iron fence with concrete pilasters' subject to Brindle's specifications but similar to the existing improvements; • Provide temporary parking area in the location shown on Exhibit "0." Upon completion of the --------widening—constr_uc.t_new parking area pursuant to the plans attached hereto as Exhibit "O";------- -- • Subject to the approval of the City, construct • four (4) aprons into the Brindle Property in the locations shown on Exhibit "O"; • Maintain utility connections for the Brindle Property pursuant to City specifications. and relocate or lower all existing subsurface pipelines on the Brindle Property that would be impacted by'the street widening project pursuant to Brindle's and Thomas' specifications, subject, however, to the City's specifications and/or requirements; • Perform all construction in compliance with City Codes; • Relocate any existing trees and palms from within the right-of-way pursuant to' Brindle's specifications; • Subject to the approval of the City, provide at least one (1) median break at Ernest Street which permits vehicles to make a left turn in and out of the Brindle Property as well as a right turn in and out of the Brindle Property; • • Subject to compliance with the City's requirements applicable thereto, provide signage to the Brindle F:\REAL\873\15115001\SETTLEMT.AGT =11- rev 07/20/93 inursery at the point that.traffic is diverted on Golden West Street and adjacent to the Brindle Property; such signage shall direct customers to the points of ingress and egress to the Brindle nursery. Defendants shall also maintain vehicular access to the Brindle Property from Golden West Street during the construction of Golden West Street. 12.. Thomas Property Reconfiguration. Prior to commencing any work upon the Thomas Property, Defendants shall install a temporary fence along the perimeter of the.Thomas Property fronting on Garfield Avenue and Golden West Street (excepting the portion of Golden West Street where a block wall currently exists) to prohibit access to the Thomas Property during the widening of Golden West Street and Garfield Avenue. . Upon completion of the widening of the portion of Golden West Street and Garfield Avenue contiguous to the Thomas Property, Defendants may, at their. option, install, at their expense, a masonry block --------------wa-l-l-no_less than six_(6) feet, in height, in addition to barbed wire if required by the City, along the entire- length -of -the----- --- Thomas Property fronting on Garfield Avenue and Golden West Street (excepting the portion of Golden West Street where a masonry block wall currently exists). If Defendants install the block wall in accordance with the terms hereof, Thomas shall within five (5) days after the completion of the block wall convey to the City a fifteen (15) foot wide landscaping easement in the form of Exhibit "P" attached hereto, but reserving to Thomas and his successors and assigns the right of pedestrian and vehicular ingress and egress at such locations as may be necessary to provide access to the Thomas Property in the event it is developed. Thomas shall be permitted to operate any oil wells located within the Golden West Street and Garfield Avenue right-of-ways until such time as Defendants commence construction of the improvements within the right-of-ways. Defendants shall not remove or .disturb the existing block wall on the Thomas Property fronting on Golden West Street. At all times during and after the widening of Golden West Street, Defendants shall maintain the two (2) driveways from Golden West Street which currently provide access into the Thomas Property. Upon completion of the widening of Golden West Street, the driveways to the Thomas Property shall be restored by Defendants to the condition immediately prior to the commencement of construction of the right-of-way improvements. Upon completion of the widening of Garfield Avenue and subject to the City's approval, Defendants shall provide one (1) driveway from Garfield Avenue into the Thomas Property which will be located approximately mid - block. During the construction of the right-of-way improvements, Defendants shall provide alternate and equivalent parking and storage areas to replace Thomas' parking and storage areas which F:\REAL\873\15115001\SETTLEMT.AGT —12 — rev 07/20/93 • will be affected by the construction. Such alternate parking and storage areas shall be located on property subject to oil and gas leases currently held by Thomas (except the Brindle Property). 13. Alternative Park Site. Defendants agree not to oppose Plaintiffs' efforts to relocate the park site -currently planned by the City to be located within the Tract 306 "Encyclopedia Lots" to alternative sites within the Ellis Golden West Specific Plan Area provided such alternative sites are not located within property currently owned or under option by Defendants. 14. Construction Schedules. At least thirty (30) days prior to commencing any construction upon either the Brindle Property or the Thomas Property, Defendants shall deliver to Plaintiffs a construction schedule for the construction of the Storm Drain and the widening of Golden West Street and Garfield Street, including, the estimated time to complete such improvements. Plaintiffs and Defendants acknowledge that the construction schedules are good faith estimates only, and Defendants shall have no liability for failure to meet such ----- -schedules-.-- 15. Compensation for Lost Profits. Defendants shall compensate Brindle for any profits lost in the operation of their nursery business located at 18851 Golden West Street during the period while improvements to Golden West Street and the Brindle Property are under construction in accordance with the following terms and conditions: (a) Brindle shall, to the extent reasonably possible, operate their business during the construction of the improvements in the manner now operated. (b) The construction of improvements to Golden West Street shall be deemed to commence upon the date ("Commencement Date") which is the earlier of (i) the first (1st) day that traffic is diverted on Golden West Street between Garfield Avenue and Ellis Street for installation of the Golden West Street improvements (i.e., curbs, sidewalks, gutters and paving), or (ii) the date upon which Brindle receives the written request to vacate the Brindle's building pursuant to Paragraph 11 herein; and shall be deemed to be completed upon the date ("Completion Date") the construction of the curbs, sidewalks, gutters and paving in connection with the widening of the portion of Golden West Street in front of the Brindle Property and the Brindle Site Work are completed and traffic is no longer diverted on Golden West Street between Garfield Avenue and Ellis Street. (c) Lost profits,, if any, shall be determined by comparing the profits earned or losses sustained by the F:\REAL\873\15115001\SETTLENT.AGT -13 - rev 07/20/93 business from the Commencement Date to the Completion Date to the average of the profits for the corresponding period during the previous three (3) years ending October 1, 1992 considering the total hours of operation, i.e., those hours when'thenursery wasopen for business. (d) Brindle shall submit with supporting documentation any claim -for lost profits to Defendants within ninety (90) days after the Completion Date, after which time any ;other claim for lost profits due to Defendants' construction of improvements to Golden West Street and the Brindle Property shall be barred; provided, however, that Brindle may after said ninety (90) day period modify the previously submitted claim by submitting additional documentation in support thereof. In the event Brindle and Defendants cannot agree on the amount of lost profits within sixty (60) days after _ Brindle's submittal to Defendants of their claim, Brindle and Defendants shall each choose one certified public accountant who shall each determine the amount of lost based upon the terms and conditions of this Paragraph r5-and-such--fina-ncal-documents_,___including the_ portion of Brindle's tax return containing the statement of ---- income and expenses for the business but no other portion of the Brindle's tax return, which such accountant reasonably . determines is necessary to calculate the amount of the, lost profits. If the accountants are not able to agree upon the same amount of lost profits, then if the lower amount 'so determined is within ten percent (10%) of the higher amount, the amount of the lost profits shall be the arithmetic average of the two amounts so determined. If, however, the two amounts differ by more than ten percent (10%), then the two accountants shall. mutually agree upon a third certified public accountant who shall determine the amount of the lost profits subject to the terms and conditions of this Paragraph 15. If a third certified public accountant cannot be agreed upon, the parties shall request the Presiding Judge of the Orange County Superior Court to name the third certified public accountant. The determination of the amount of lost profits by the third accountant shall not be higher than the highest amount determined nor lower than the lowest amount determined by the other two accountants and it shall be final and binding on all parties. Brindle and _ Defendants shall each pay the cost of the accountant chosen by them and shall share equally the costs of the third accountant, if required. (e) As used herein, the term "Force Majeure" shall mean acts of God, adverse weather conditions, war, invasion, insurrection, acts of a public enemy, riot, mob violence, • civil commotion, fire or other casualty, sabotage, strikes, lockouts, labor disputes, inability to procure or general f:\REAL\873\15115001\SETTLEMT.AGT - 1 4 - rev 07/20/93 shortage of labor or materials, inability to procure equipment or supplies on the open market, or any other cause beyond the reasonable control of Defendants,• financial inability excepted. Defendants shall not be required to compensate Brindle for lost profits for the time periods during which Defendants are unable to construct such improvements solely by reason of Force Majeure. 16. Abandonment of Towers 5 and McCall 9. Defendants shall pay all costs associated with the abandonment pursuant to all applicable codes and regulations of the oil wells commonly known as Towers 5 and McCall 9, and shown on Exhibit 110." Plaintiffs may continue to operate said oil wells' for their own benefit until thirty (30) days after receiving written notice from Defendants to discontinue operating the wells. Thomas retains the right to any salvage from said wells. 17. Plaintiffs' Release. Except for the rights and obligations created by this Agreement, Plaintiffs hereby release --------_______Defendants. and their agents and attorneys from any and all claims, d ame nds and/or-causes-o-f—action which exist or may exist in favor of Plaintiffs as of the date of this Agreemenf� known -- known or unknown, suspected or unsuspected, which may arise, or which are related to, the Lawsuit, the existing (as of the date, of this Agreement) Holly Seacliff Specific Plan, the existing (as of the date of this Agreement) Ellis Golden West Specific Plan, the acquisition' of land for the widening of Golden West Street and Garfield Avenue as shown on Exhibits "E" and "F" and the r installation of utilities within said right-of-way, and the easement rights to be obtained by Defendants pursuant to the Storm Drain Easement, except for obligations of Defendants set forth in the Storm Drain Easement. Plaintiffs hereby waive the provisions of Civil Code section 1542 set forth in Recital C above with respect to such claims, demands and/or causes of action. The release of unknown claims, demands and/or clauses of action contained in this Paragraph 17 is a separate consideration for the release contained in Paragraph 18 hereof and Plaintiffs would not have executed this Agreement nor agreed to this Paragraph 17 but for the release contained in Paragraph 18. In addition to the rights and obligations created by this Agreement, this release does not apply to the following: (a) negligence related to physical construction activities of the improvements'in connection with the widening of Golden West Street and Garfield Avenue, including the installation of utilities within said right- of-ways. (b) any amendments or other changes to the Holly iSeacliff Specific Plan or the Ellis Golden West Specific Plan approved by the City after the date of this Agreement. F:\REAL\873\15115001\SETTLEMT.AGT -15 — rev 07/20193 •(c) any claims, demands exist or may exist in favor of which are related to the Ellis being expressly understood by and/or causes of action which Plaintiffs against the City Golden West Specific Plan, it Plaintiffs and Defendants that Plaintiffs' release is not in any way intended to release the City from any claims, demands and/or causes of action relating to the Ellis Golden West Specific Plan. 18. Defendants' Release. Except for the rights and obligations created by this Agreement, Defendants, for themselves, their representatives, successors, assigns, employees, agents and partners, hereby release Plaintiffs and their agents and attorneys from any and all claims, demands and/or causes of action whether known or unknown, suspected or unsuspected, which exist or may exist in favor of Plaintiffs as of the date of this Agreement or which may arise, or which are related to, the Lawsuit, the existing (as of the date of this Agreement) Holly Seacliff Specific Plan, the existing (as of the date of this Agreement) Ellis Golden West Specific Plan, the acquisition of land for the widening of Golden West Street and -----Ga-r-f-ie-ld_Avenue__as_ shown_on Exhibits "E" and "F" and installation of utilities within said right-of-way and the .easem-ent--rights--to---- be obtained by Defendants pursuant to the Storm Drain Easement. Defendants hereby waive the provisions of Civil Code section 1542 • set forth in Recital C above with respect to such claims, demands and/or causes.of action. The release of unknown claims, demands, and/or causes of action contained in this Paragraph 18 is a separate consideration for the release contained in Paragraph 17 and Defendants would not have executed this Agreement nor agreed - to this Paragraph 18 but for the release contained in Paragraph 17. 19. Conditions to Closing of Escrow. (a) Deliveries by Plaintiffs to Escrow Holder. Plaintiffs hereby covenant and agree to deliver to Escrow Holder within five (5)"days after the Effective Date the following instruments and documents, the delivery of each of which shall be a condition to the Closing of Escrow for the benefit of Defendants: (i) The request for dismissal of the Lawsuit with prejudice. (ii) The Access Easement in the form attached hereto as Exhibit I'D," duly executed and acknowledged by Brindle. (iii) The Right -of -Way Deed in the form attached hereto as Exhibit "E." duly executed and acknowledged by Brindle. F:\REAL\873\15115001\SETTLEMT.AGT —16— rev 07/20/93 • (iv) The Right -of -Way Deed in the form attached hereto as Exhibit "F." duly executed and acknowledged by Thomas and any other party in which title is vested to the portion of the Thomas Property conveyed by said Right -of -Way Deed. (v) The Construction License in the form attached hereto as Exhibit "G," duly executed by Brindle. (vi) The Construction License in the form attached hereto as Exhibit "H," duly executed by Thomas. (vii) The Storm Drain Easement in the form attached hereto as Exhibit "I," duly executed and acknowledged by Brindle and Thomas. (viii) The Agreement and Grant of Slant Drilling Rights in the form attached hereto as Exhibit "K," duly executed and acknowledged by Brindle and Thomas. by Defendants to Escrow Holder. Defendants hereby covenant and agree to deliver to Escrow Holder-- ------ within five (5) days after the Effective Date the following items, the delivery of each of which shall be a condition to the Closing of .Escrow for the benefit of Plaintiffs: M Compensation to Plaintiffs. The compensation to Plaintiffs described in Paragraph 9 of this Agreement which shall be delivered to Escrow Holder in cash or other immediately available funds. (ii) The Access Easement in the form attached hereto as Exhibit I'D," duly executed and acknowledged by SP. (iii) The Construction License in the form attached hereto as Exhibit "G," duly executed by SP. (iv) The Construction License in the form attached hereto as Exhibit "H," duly executed by SP. (v) The Storm Drain Easement in the form attached hereto as Exhibit "I," duly executed and acknowledged by SP. (vi) The Quitclaim Deed No. 1 in the form of .Exhibit "J-1," duly executed and acknowledged by UWC, Chevron, HBC, HSC, and PCH. . (vii) The Copeland Lease Royalties Assignment in the form attached hereto as Exhibit "J-2," duly executed and is acknowledged by SP. F:\REALX873\15115001\SETTLENT.ACT — l — rev 07/20/93 • (viii) The Quitclaim Deed No. 2 in the form of Exhibit "K-1." duly executed and acknowledged by UWC, Chevron, HBC, HSC and PCH. (ix) The Agreement and Grant of Slant Drilling Rights in the form attached hereto as Exhibit "K-2," duly executed and acknowledged by SP. (x) The Quitclaim Deed No. 3 in the form attached hereto as Exhibit "L," duly executed and acknowledged by Defendants. (c) Condition of Title. As a condition to the Closing of Escrow for the benefit of Defendants, the portion of the Thomas Property and the Brindle Property to be conveyed to the City pursuant to the Right -of -Way Deeds shall be free from monetary encumbrances, excepting nondelinquent real property taxes and assessments. 20 Disbursements and Other Actions by Escrow Holder. When all required funds-and--documents-have-been-deposited__into_Escrow ___.______ by the appropriate parties pursuant to Paragraph 19 herein, Escrow Holder shall promptly undertake all of the following in the following order: • (a) File the request with the court for dismissal of the Lawsuit with prejudice and deliver to Defendants' counsel a conformed copy of the request for dismissal as filed. (b) Disburse the sum of Eight Hundred Fifteen Thousand Dollars ($815,000.00) to Thomas and the sum of Six Hundred Nineteen Thousand Five Hundred Twenty -Nine Dollars ($619,529.00) to Brindle.. (c) Cause the Access Easement to be recorded in the Official Records of Orange County, California. - (d) Cause the Right -of -Way Deeds to be recorded in the Official Records of Orange County, California. (e) Cause the'Storm Drain Easement to -be recorded in the Official Records of Orange County, California. (f) Cause the --Quitclaim Deed No. 1 to be recorded in the Official Records of Orange County, California. (g) Cause the Copeland Lease Royalties Assignment to be recorded in the Official Records of Orange County, • California. F:\REAL\873\15115001\SETTIEMT.AGT —18 — rev 07/20/93 • (h) Cause the Quitclaim Deed No. 2 to be recorded in the Official Records of Orange County, California. (i) Cause the Agreement and Grant of Slant Drilling Rights to be recorded in the Official Records of Orange County, California. (j) Cause the Quitclaim Deed No. 3 to be recorded in the Official Records of Orange County, California. 21. Escrow Fees and Other Costs. Defendants shall pay all of Escrow Holder's escrow fees for the Escrow. Defendants shall bear the cost of all documentary transfer`taxes, if any, and the cost of any title policy which the City requires in connection with the portion of the Brindle Property and the Thomas Property being conveyed to the City pursuant to the Right -of -Way Deeds. In addition, Defendants shall bear the cost of all recording costs and fees. 22. Costs of Lawsuit. Each party to this Agreement shall ---- bear-h-is—he-r-or its-own--attorne_y_s 'fees and costs in connection with' the Lawsuit, this settlement and the preparation of this--_ ---- Agreement. 23. Cooperation. Each other party in good faith to and shall execute any other those aims. party shall cooperate with every achieve the aims of this Agreement document reasonably needed to achieve n 24. Attorneys' Fees. If any action is instituted for the breach of this Agreement or any term thereof or any agreement, document or instrument referenced herein or to enforce any provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees and other costs of litigation.in addition to any other relief to which it may be entitled. 25. No Third Party Beneficiary. Except with respect to Plaintiffs' claims, demands and/or causes of action against the City relating to the Ellis Golden West Specific Plan, the City shall be a third party beneficiary to this Agreement, and except for the City, nothing in this Agreement is intended, nor shall it be construed, as creating any rights or benefits in any other third party. 26. Entire Agreement; Amendments. This Agreement contains the entire agreement and understanding concerning the dispute among the parties'to.this.Agreement and supersedes and replaces all prior negotiations and proposed agreements, written or oral. • Each of the parties hereto acknowledges that no other party, nor the agents nor the attorneys for any party, has made any promise, F:\REAL\873\15115001\SETTLEMT.AGT —19 — rev 07/20/93 • representations, or warranty whatsoever, express or implied,,not contained herein to induce the execution of this Agreement and acknowledges that this Agreement has not been executed in reliance upon any promise, representations or warranty not contained herein. This Agreement may not be amended except in writing and signed by all of the parties hereto. 27. Independent Investigation. Each party to this Agreement hereby acknowledges that he or she or it has conducted an independent investigation of the facts concerning the dispute among them and the settlement of that dispute. 28. Representation. Each party to this Agreement hereby acknowledges that he or she or it has been represented by -independent counsel of his or her or its own choice throughout all negotiations which preceded the execution of this Agreement and that he or she or it has executed this Agreement with the consent of, and upon the advice of, his or her or its own counsel. -----_-------2-9:--G-ove-r--ning—L-a-w. This Agreement and all rights and obligations arising out of it shall be construed --in accordance- ----- with the laws of the State of California. is30. Venue. Any litigation arising out of this Agreement shall be conducted only in Orange County, California. 31. Counterparts. This Agreement may be signed in one or more counterparts,•each of which shall be deemed an original, but all of which together shall constitute but one and the same instrument. 32. Exhibits. All exhibits to this Agreement are incorporated herein by this reference as though fully set forth in the body hereof. Dated: July oC� , 1993 ." A. THOMA Dated: July, 1993 6 UFRDA THOMA Dated: July 1993 �-;&4 - - RONALD.I. BRINDLE ' s • Dated: July % , 1993 EMILY A BRINDLE F:\REAL\673\15115001\SETnFJ4T.AGT -� 2 0 — rev 07/20/93 iDated: July. , 1993 Dated: July 1.1 , 1993 VWC-SQACAI q L. P , a Cal;-(whi A L� ►�,,i �1 �„+v k; f I. t f , 4 _— VW C!k Ac L-A,j c) co r�?c ra. a Ce`�'�v r►.1.�..�. Cfi r� ra.,-�-t.dvti l �'S ` D. G-v Dated: July , 1993 Dated: July ?% 1993 URBAN WEST COMMUNITIES, a California corporation By: Its: By: Its: SEACLIFF PARTNERS (formerly GARFIELD PARTNERS), a California partnership By: PACIFIC COAST HOMES, a California corporation Its: General Partner By: Its: : u By: Its: CHEVRON ND & DEVELOPMENT COMPANY, a Calif nia corporati By: By: Its: HUNTINGTON BEACH COMPANY, a California corporation By: Its: F:%REAL%873%15115001%SETTLENT.AGT —21— rev 07/20/93 i Dated: July , 1993 HUNTINGTON SEACLIFF CORPORATION, a California corporation Dated: July L1,.1993 r, - • Its: �'t ! fV . „'� By: Its: PACIFIC COAST HOMES, a California corporation By: Its: V: CA-- Its: Dated: July 1993 PALMIERI, TYLER, WIENER, WILHELM & WALDRON B cha yL eATTORNEYS FabfiN THOMAS, LINDA THOMAS, RONALD I. BRINDLE and EMILY I ANN BRINDLE ff.0 Dated: 1993 COX, CASTLE & NICHOLSON Ke eth B. Ele ATTO EYS:FOR U ST COMM ITIES, SEACLIF ERS., formerly known as G ELD PARTNERS, CHEVRON LAND & DEVELOPMENT CO., HUNTINGTON BEACH COMPANY, SEACLIFF CORPORATION and PACIFIC COAST HOMES F:\REAL\873\15115001\SETTLEMT.AGT - 2 2 — rev 07/20/93 •LIST OF EXHIBITS EXHIBIT "A-1" - LEGAL DESCRIPTION OF BRINDLE PROPERTY EXHIBIT "A-2" - MAP OF BRINDLE PROPERTY EXHIBIT "B-1" - LEGAL DESCRIPTION OF THOMAS PROPERTY EXHIBIT "B-2" - MAP OF THOMAS PROPERTY EXHIBIT "C-1" - LETTER FROM CITY TO THOMAS EXHIBIT "C-2" - LETTER FROM CITY TO BRINDLE EXHIBIT "D" - ACCESS EASEMENT EXHIBIT "E" - BRINDLE RIGHT-OF-WAY DEED EXHIBIT "F" - THOMAS RIGHT-OF-WAY DEED EXHIBIT "G" - BRINDLE CONSTRUCTION LICENSE EXHIBIT "H" - THOMAS CONSTRUCTION LICENSE "I" EXHIBIT - STORM DRAIN EASEMENT EXHIBIT "J-1" - QUITCLAIM DEED NO. 1 EXHIBIT "J-2" - COPELAND LEASE ROYALTIES ASSIGNMENT EXHIBIT "K-1" - QUITCLAIM DEED NO. 2 EXHIBIT "K-2" - AGREEMENT AND GRANT OF SLANT DRILLING RIGHTS EXHIBIT "L" - QUITCLAIM DEED NO. 3 EXHIBIT "M" - NOTE EXHIBIT "N" - DEED OF TRUST EXHIBIT "O" - BRINDLE PROPERTY RECONFIGURATION EXHIBIT "P" - THOMAS LANDSCAPING EASEMENT EXHIBIT "Q" - TOWER 5 AND McCALL 9 OIL WELL SITES • EXHIBIT "R" - ESCROW HOLDER'S GENERAL PROVISIONS F:\REAL\873\15115001\SETTLENT.ACT rev 07/20/93 • EXHIBIT "A-1" LEGAL DESCRIPTION OF BRINDLE PROPERTY Being that portion of the Southeast quarter of. Section 34, Township 5' South, Range 11 West, San Bernardino Base and Meridian, in the City of Huntington Beach, County of Orange, State of California as shown on the map recorded in Book 51, Page 13 of Miscellaneous Maps in the Office of the County Recorder of said County, more particularly described in parcels as follows: PARCEL 1: The East half of the Northwest quarter of the Southeast quarter of the Southeast quarter of said Section 34, Township 5 South, Range 11 West. PARCEL 2: The North half of -the Northeast-quarter-of-t-he--Sou-theast qua-r-te-r----------- of the Southeast quarter of said Section 34, Township 5 South, Range 11 West. PARCEL 3: The South half of the Northeast quarter of the Southeast quarter ri of the Southeast quarter of said Section 34. Except the South 130 feet thereof. PARCEL 4: The South 130.00 feet of the Northeast quarter of the Southeast quarter of the Southeast quarter of said Section 34, Township 5 South, Range 11 West. F:\REAL\873\15115001\SETTLEMT.AGT rev 07/20/93 • • EXHIBIT "A-2" MAP OF BRINDLE PROPERTY r F:\REAL\873\15115001\SETTLEMT..AGT rev 07/20/93 • • uj R _ GVUW AVENUE F.;.6.�•96 1; WSL DEN. SOCIATES 18012 COWAN, SUITE 210, IRVINE, CA 92714 (714) 680-0110 FAX. 680-04JB EXHIBIT "A -zt� W.O. No.. 0879-273-8XI Dote —IA" Engr. D.C. Chk. P•R• Sheet-—Of-2 • • EXHIBIT "B-1" LEGAL DESCRIPTION OF THOMAS PROPERTY Being Lots 1 through 10, 13 through 16, and 22 through 25 in Block F of Garfield Street addition to Huntington Beach, in the City of Huntington Beach, County of Orange, State of California, as shown on the Map recorded in Book 7, Pages 27 and 28 of Miscellaneous Maps, in the Office of the County Recorder of said County. And Lot 27 in Block F of said Garfield Street addition to Huntington Beach, excepting therefrom the East 300 feet thereof. F:\REAL\873\15115001\SETTLEMT.AGT rev 07/20/93 0 • EXHIBIT "B-2" MAP OF THOMAS PROPERTY f:\REAL\873\15115001\SETTLENT.AGT _ rev 07/20/93 0 • • EXHIBIT "B -2 " N SUL£: 1'=150' r _ �FORWERLY 60LSA - -- I I _ A 1 II � 1 1 I 1 I STREET EASEUENf �J PER O.R. 11454/214 j 24 15 BLOCK "F" 14 25 I I C 13 25 WEST 112 OF e LOT 27 10 9 8 7 6 5 4 3 2 1 _ /��p��C-AkME�LDp�AAV�f7�l�lU�E ' n ►FORM JA( ►�UY�GI�/ STREET) n ASSOCI TES EXHIBIT "8-Z" -� 1 k 18012 COWAN. SUITE 210. IRME, CA 92714 W.O. No. 0879-273-8X1 (714) 860-0110 FAX. 680-0418 Dote 9 En r.___Q��.Chk..P�.R _ Sheet2-0f3 • July , 1993 Mr. and Mrs. John A. Thomas Crane & Trucking Company, Inc. 15851 Stewart Street Huntington Beach., California 92648 Re: John A. Thomas, etc. et al. v. City of Huntington Beach, et al., Orange County Superior Court Case No. 68-53-77 Dear Mr. and Mrs. Thomas: In connection with the above -referenced lawsuit and as partial consideration for the dismissal of said lawsuit by Plaintiffs, you have requested that the City confirm the following: (a) the impact upon your property (the "Thomas Property") located at 18851 Stewart Street of the requirements of the Holly-Seacliff Specific Plan, specifically, the permitted --_______—uses_o.f your pr_op.ert_y__and_comp_l.ianc.a_with_th.e_lands_cape_s_etback_ —. requirements and (b) the conditions which trigger payment of the assessment to be imposed by any reimbursement district which may be established to reimburse Pacific Coast Homes, Garfield • Partners and their successors -in -interest (collectively "Developer") for the cost of certain public infrastructure to.be constructed by Developer within the Holly-Seacliff Specific Plan area. With respect to the foregoing matters, the City agrees as follows: n 1. All existing uses, including, without limitation, all structures and other improvements and parcel sizes of the Thomas Property are conforming uses under the Holly-Seacliff Specific Plan. Accordingly, unless you change the existing uses of the Thomas Property, the Thomas Property will not be required to comply with any additional landscaping or landscaping setback' requirements or any other requirements mandated by the Holly- Seacliff Specific Plan, or in connection with the installation of infrastructure contemplated by said Specific Plans, including, without limitation, the widening of Golden West Street or Garfield Avenue. Consistent with the foregoing, the block wall currently located along Golden West Street will not be required to be moved. In addition, the expansion of the existing uses of the Thomas Property will not require compliance with the requirements of the Holly-Seacliff Specific Plan including, by way of example, applications to obtain drilling permits, make 'alterations to existing structures, or to build new structures relating to and consistent with the existing uses of the Thomas Property. F:\REAL\8T3\15115001\THOMAS A TR C-1-1 rev 06/08/93 • ?ir. and Mrs. John A. Thomas July , 1993 Page 2 2. Ordinance No. 3151 of the City of Huntington Beach which added Chapter 17.68, entitled "Cost Reimbursement Districts" sets forth requirements and procedures for establishing reimbursement districts for the purpose of reimbursing Developer for the cost of public infrastructure = constructed by Developer which benefit other property owners within the City. Ordinance No. 3151 provides that the properties included within the boundaries of any such reimbursement district will be liened for the excess costs apportioned to such properties, and the liened costs will be due and payable as follows: If, during the established period, not to exceed 20 years, following the formation of the district, any person.records a final map (subdivision., parcel, consolidation, etc.) or applies for a building permit on a parcel for which a lien for supplemental improvements has been established in accordance with this chapter, and such person or their predecessor in • interest has not paid such lien to the City, the established lien shall be paid prior to the recording of the final map or the issuance of the building. r permit; provided, however, such payment shall not be required in connection with building permits described below: • 1. Building alterations for non-residential uses which do not exceed a third of the value of a building, as defined in the Uniform Building Code, and which effect no change in occupancy. 2. Building alterations or additions for residential use which add no residential units. 3. Fences and walls. 4. Repair of construction defects or damage -due to fire, civil unrest, flood or any other destructive act of nature which does not increase the building area by more than one third the original area. 5. Temporary uses as specified in the. City of Huntington Beach's -Municipal Code, Article 973. C-1-2 F:\REAL\873\15115001\THONAS.LTR rev 06/08/93 • • Mr. and Mrs. John A. Thomas July , 1993 Page 3 The intent of.the above -referenced provision is to impose the liened costs at such time as you record a final map or apply for a building permit in connection with your development of the Thomas Property for a use which is different from or unrelated to the existing uses. Accordingly, the continuation or expansion of the existing uses of the Brindle Property or the issuance of a building permit incident thereto will not require you to pay the liened costs. Very truly yours, Mike Adams, Director Community Development F:\REAL\873\15115001\THOMAS.LTR C-1-3 _ rev 06/08/93 • EXHIBIT "C-2" LETTER FROM CITY TO BRINDLE • • F:\REAL\873\15115001\SETTLEMT.AGT rev 07/20/93 n 9 July , 1993 Mr. and Mrs. Ronald Brindle American Landscape Supply 18851 Golden West Street Huntington Beach, California 92648 Re: John A. Thomas, etc. et al. v. City of Huntington Beach, et al., - Orange County Superior Court Case No. 68-53-77 Dear Mr. and Mrs. Brindle: In connection with the above -referenced lawsuit and as partial consideration for the dismissal of said lawsuit by Plaintiffs, you have requested that the City confirm the, following: (a) the impact upon your property (the "Brindle ' Property") located at 18851 Golden West Street of the requirements of the Holly-Seacliff and Ellis Golden West Specific ------ —Plans;-a-nd--(b) the-condtions_which tr-igger payment of the _ assessment to be imposed by any reimbursement district which may- be established to reimburse Pacific Coast Homes, Garfield Partners and their successors -in -interest (collectively • "Developer") for the cost of certain public infrastructure to be constructed by Developer within the Holly-Seacliff or Ellis Golden West Specific Plan areas. With respect to the foregoing. r matters, the City agrees as follows: 1. All existing nonconforming uses, including, without limitation, all structures and other improvements and parcel sizes and any other existing characteristics of the Brindle Property which constitute nonconforming uses under the Holly- Seacliff and Ellis Golden West Specific Plans are permitted uses. Accordingly, unless you change the existing uses of the Brindle Property, the Brindle Property will not be required to comply with any additional landscaping or landscaping setback requirements or any other requirements mandated by the Holly- Seacliff and/or Ellis Golden West Specific Plans, or in connection with the installation of infrastructure contemplated by said Specific Plans, including, without limitation, the widening of Golden West Street. In addition, the expansion of the existing uses of the Brindle Property pursuant to Article 965 (Nonconforming -Provisions) will not require compliance with the requirements of the Holly-Seacliff or.Ellis Golden West Specific Plans. 2. Ordinance No. 3151 of the City of Huntington Beach which added Chapter 17.68, entitled "Cost Reimbursement • Districts" sets forth requirements and procedures for F:\REAL\873\15115001\SRIMOLE.LTR C-2-1 rev 06/08/93 • Mr. and Mrs. Ronald Brindle July , 1993 Page 2 establishing reimbursement districts for the purpose of reimbursing Developer for the cost of public infrastructure constructed by Developer which benefit other property owners within the City. ordinance No. 3151 provides that the properties included within the boundaries of any such reimbursement district will be liened for the excess costs apportioned to such properties, and the liened costs will be due and payable as follows: If, during the established period, not to exceed 20 years, following the formation of the district, any person records a final map (subdivision, parcel, consolidation, etc.) or applies for a building permit on a parcel for which a lien for supplemental improvements has been established in accordance with this chapter, and such person or their predecessor in -- - interest has not paid such lien-to-th-e-City,, th-e established lien shall be paid prior to the recording of the final map or the issuance of the building permit; provided, however, such payment shall not be • required in connection with building permits described T below: 1. Building alterations for non-residential uses which do not exceed a third of the value of a building, as defined in the Uniform Building Code, and which effect no change in occupancy. 2. Building alterations or additions for residential use which add no residential units. 3. Fences and walls. 4. Repair of construction defects or damage due to fire, civil unrest, flood or any other destructive act of nature which does not increase the building area by 'more than one third the original area. 5. Temporary uses as specified in the City of Huntington Beach's Municipal Code, Article 973. The intent of the above -referenced provision is to impose the liened costs at such time as you record a final map or apply for a building permit in connection with your development of the Brindle Property for a use which is different from or.unrelated • to the existing uses. Accordingly, the continuation or expansion F:\REAL\873\15115001\BRIMDLE.LTR C-2-2 rev a/08/93 • • • Mr. and Mrs. Ronald Brindle July ,, 1993 Page 3 of the existing uses of the Brindle Property or the issuance of a building permit incident thereto will not require you to pay the liened costs. Very truly yours, Mike Adams, Director Community Development F:\REAL\8T3\15115001\SRINDLE.LTR rev 06/08/93 EXHIBIT "D" ACCESS EASEMENT • E F:\REAL\873\15115001\SETTLEMT.AGT rev 07/20/93 • RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: Seacliff Partners c/o Pacific Coast Homes 2124 Main Street Suite 200 Huntington Beach, California 92648 GRANT OF EASEMENT THIS GRANT OF EASEMENT ("Agreement") is made and entered into as of the day of July, 1993 by and between RONALD IRVING-BRINDLE-a-nd-EMIL-Y-ANN-BRINDLE-(collectively-, Grantor-"-) and SEACLIFF PARTNERS, a California general partnership ("Grantee"). isR E C I A. Grantor is the owner of that certain real property ("Grantor's Property") located in the City of Huntington Beach ("City"), County of Orange, State of California and more particularly described on Exhibit "1" attached hereto. B. Grantor desires to convey and Grantee desires to acquire a temporary, secondary emergency access easement, including the right to enter upon a portion of Grantor's Property for purposes of constructing said roadway. . NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties hereby agree as follows: 1. Grant of Easement. Grantor hereby grants to Grantee and its successors and assigns a nonexclusive, temporary easement ("Easement") upon all the terms and conditions set forth herein. The location of the Easement is that portion of the Grantor's Property described on Exhibit "1" attached hereto and depicted on Exhibit 112" attached hereto ("Easement Area"). 2. Character of Easement. The Easement granted herein is an easement in gross. 3. Scope of Easement. The scope of the Easement granted herein shall be a temporary, secondary emergency access easement for emergency vehicular access only, including the right to construct and maintain the roadway ("Easement Improvements"); F:\REAL\873\15115001\ACCESS.ESM D-1 rev 07/20/93 • subject, however, to the rights of Ronald Irving Brindle and Emily Ann Brindle and/or John Thomas and Linda Thomas and their successors and assigns (collectively, "Thomas") under an oil and gas lease. Grantee's use of the .Easement shall not interfere with the rights of Grantor or Thomas under said oil and gas lease. All costs of constructing the Easement Improvements shall be borne by Grantee.. The Easement Improvements shall be constructed in accordance with standards established by the City. 4. Termination of Easement. The Easement shall terminate = automatically at such time as the City of Huntington Beach Fire .Department determines that the location of this secondary, emergency access in the Easement Area is no longer required. For example, when Grantor' s. Property or other property owned by Grantor adjacent to Grantor's Property is developed, and, in connection therewith, public or private access is provided to Tract No. 14009 and the City Fire Department determines that the access in the Easement Area is no longer required, then the Easement shall terminate automatically. This Easement shall also terminate by Grantee's delivering to Grantor a duly executed and acknowledged abandonment of easement in recordable form; provided --that-such abandonment -has -been -approved -by -the -City -of -Huntington-- - Beach Fire Department. Upon Grantor's request, Grantee shall deliver to Grantor a duly executed and acknowledged quitclaim deed in recordable form in order to release any and all rights of Grantee and its successors and assigns in and to the Easement and the Easement Area. 5. Installation of Gate. Prior to completion of the Easement Improvements, Grantee shall, at its sole expense, install a locked gate at the point where Seattle Lane as shown on Tentative Tract Map 14009 touches the property line of Grantor's Property for the purpose of prohibiting nonemergency vehicular access and all pedestrian access upon Grantor's Property. Grantee shall not remove or disturb the gate currently located at the point where the Easement Area touches Golden West Street except in connection with Grantee's construction of the Golden West Street widening,- in which event the gate will be relocated pursuant to Grantor's 'and the City Fire Department's specifications. Keys to unlock the foregoing gates shall be held by the following persons and/or entities only: Grantor and the City Fire Department. 6. Relocation of Portion of Existing Carport-. Grantee shall, at its sole expense, ielocate and reconstruct with like - kind materials the existing carport within the Easement Area -which will be demolished due to Grantee's construction of the Easement Improvements, and said relocation shall be pursuant to Grantor-'s specifications. 7. Obligation to Maintain. After construction of the Easement Improvements, Grantee and its successors and assigns shall, at their sole cost, maintain and repair the Easement Area during normal business hours and upon at least forty-eight (48) f:\REAL\873\15115001\ACCESS_ESM D-2 rev 07/20/93 • hours prior written notice to Grantor; provided, however, that Grantee's obligation to repair and maintain the Easement Area shall be limited to any repair and maintenance caused by or necessitated by Grantee's or Grantee's successors' and assigns' use of the Easement Area. Grantor shall be responsible for any repairs to the Easement Area caused by Grantor's use of the Easement Area. 8. Indemnification. Grantee agrees to indemnify, protect, defend and hold Grantor harmless from any and all loss, liability, damage, costs and expenses (including attorneys' fees and fees of expert witnesses) arising from or relating to the construction and use off the Easement Improvements, but excluding therefrom the use of the Easement Improvements by Grantor. 9. Relocation of Easement. Subject to the approval of the City Fire Department, Grantor shall have the right, at its expense, to relocate the roadway to other property owned by Grantor. Upon Grantor's completion of the alternate roadway, this Easement shall terminate, and a new Grant of Easement for the new roadway shall be recorded. Upon Grantor's request, G-r-a-ntee—sha-l-l—de-l-fiver to —Grantor a_duly executed and acknowledged quitclaim deed in recordable form in order to release any and all rights of Grantee. and its successors and assigns in and to the original Easement and the Easement Area defined herein. • 10. Recordation. Agreement to be recorded County, California. The parties hereto shall cause this in the Official Records of Orange 11. Enforcement. The parties hereto and their successors and assigns may employ any lawful means whatsoever to enforce the provisions of this Agreement. 12. Attorneys' Fees. Should any litigation be commenced between the parties to this Agreement concerning.the matters set forth in this Agreement or the rights and duties of any party in relation thereto, the prevailing party in such litigation shall be entitled to all costs and expenses of suit, including reasonable attorneys' fees, in addition to such other relief as may be granted. 13. Successors and Assigns. This Agreement shall be binding upon, and shall inure to the benefit of the. parties hereto and their respective heirs, legal representatives, successors and assigns. 14. General Provisions. (a) Counterparts. This Agreement may be executed in • one or more counterparts, each of which shall be deemed an original, but which collectively shall constitute but one and the same instrument. F:\REAL\873\15115001\ACCESS.ESM D — 3 rev 07/20/93 • (b) Governing Law. This Agreement shall be construed in accordance with and governed by the laws of the State of California. (c) Severability. In the event that any provision of this Agreement, or'the application thereof to any person or under any circumstance, is determined to be invalid or unlawful, or unenforceable to any extent, then to such extent, such provision shall be deemed severed from this Agreement. However, the application of such provision to any.other persons or entities or under any other circumstance other than those as to which it is determined to be invalid, unlawful or unenforceable, and every remaining provision of this Agreement shall continue in full_ force and effect. (d) Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and there are no other oral or written agreements between the parties concerning the subject matter of this Agreement. -- IN-WITN-ES-S-WHEREOFi-the-pa-r-ties-hereto-have-executed-this-- ------ Agreement as of the date first above written. RONALD IRVING BRINDLE EMILY ANN BRINDLE "Grantor" SEACLIFF PARTNERS, a California general partnership By: Its General Partner "Grantee" F:\REAL\873\15115001\ACCESS.ESM D-4 rev 07/20/93 �ALIFOR.NIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA ) ss: COUNTY OF ) On this day of , 1993, before me, the undersigned notary public, personally appeared RONALD IRVING BRINDLE and EMILY ANN BRINDLE, ❑ persona.11y known to me -OR- El proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. SIGNATURE OF NOTARY OPTIONAL SECTION i_ OPTIONAL SECTION fiiiii• CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so mad prove invaluable to persons relying on thi document. © INDIVIDUAL ❑ CORPORATE OFFICERIS) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY —IN —FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSONS) OR ENTITY(IES) THIS CERTIFICATE MUST BE ATTACHED TO THE TITLE OR TYPE OF DOCUMENT Grant of Easement DOCUMENT DESCRIBED AT RIGHT: Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. NUMBER OF PAGES DATE OF DOCUMENT July 1993 SIGNER(S) OTHER THAN NAMED ABOVE • F:\REAL\8T3\15115001\ACCESS.E SH 0-5 rev 07/20/93 •CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA ) ss: COUNTY OF ) On this day of , 1993, before me, the undersigned notary public, personally appeared , ❑ personally known to me -OR- ❑ proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument, and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her 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. SIGNATURE OF NOTARY • OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUME': DESCRIBED AT RIGHT: Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. U i OPTIONAL SECTION m CAPACITY CLAIMED BY SIGNER Though statute does not require the Notat to fill in the data below, doing so ne prove invaluable to persons relying on 0 document. ❑ INDIVIDUAL ❑ CORPORATE OFFICERI S) ❑ PARTNER(S) ❑ LIMITED © GENERAL a I ATTORNEY -IN -FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR EXTITY(IES) Seacliff Partners TITLE OR TYPE OF DOCUMENT Grant of Easement NUMBER OF PAGES DATE OF DOCUMENT July 1993 SIGNERS) OTHER THAN NAMED ABOVE D-6 F:\REAL\873\15115001\ACCESS.ESM rev 07/20/93 • EXHIBIT "1" LEGAL DESCRIPTION OF EASEMENT AREA That certain real property in the City of Huntington Beach, County of Orange; State of California, described as follows: The south twenty-five (25) feet, of the southerly one hundred thirty (130) feet, of the south one-half (1/2), of the northeast one -quarter (1/4), of the southeast one -quarter (1/4), of the southeast,one-quarter (1/4), and the south twenty-five (25) feet of the easterly thirty (30) feet of the east one-half (1/2) of the northwest one -quarter (1/4) of the southeast one - quarter (1/4) of the southeast one -quarter (1/4) all of Section 34, Township 5 South, Range 11 West in the Rancho Las Bolsas and Rancho La Bolsa Chica, as shown on the map recorded in Book 51, Page 13 of Miscellaneous Maps in the Office of the County Recorder o.f__said_County_,-as_appr_oximate.l_y__shown__on-the-map _ _-__.. attached hereto as Exhibit 112" F:\REAL\8T3\15115001\ACCESS.ESM D-7 . rev 07/20/93 0 • • EXHIBIT '12" MAP OF EASEMENT AREA F:\REAL\873\15115001\ACCESS.ESM —$ rev 07/20/93 I ` i f I i , SEE SPEC/AL PAGE //0-229 FOR SUBSURFACE FEE T/TLE ASSESSMENT 110 - 2 N. //2, SE.114, SE.114, SEC. 34, T. �5 S., R. // W. 20 21 • � for w je R G 3 ♦ ! tl6 7 • 9 10 (1 1 (131 M i 21 r l � (2) 1 9 1• 17 K IS `•� �. rf IQ. Q `9 Are _n 2 � �b � r 7 �� � •1 j i �_ / • /C J_+ 4v as ww ♦ if wi + �tb (• 13 �11 (O eve wa. �► � .• � . ` mwPREPARED FDR ORJWCESOR DEPT. PURPOSES ONLY 1,04 MANES NO fiWATEE AS TO ITS AMMACY NOR ASSUMES My UWJTt' FOR OTIER USES. NOT TO BE REPa0MM. 21 � � � K�ROTS RESERVED. oPTRIGIrt ORANC� C011111Y ASgSSOI 1l91 i • N' 25' 20 i Z5� V MARCH /95/ rR. NO 306 At. AI. /*-?B ; NOTE - ASSESSORS BLOC,(& ASSESSOR'S KA/ I. PARCEL Nt/MBERs BOOK 110 A/G!• 22 �— U • EXHIBIT "E" BRINDLE RIGHT—OF—WAY DEED • f:\REAL\873\15115001\SETTLEMT.AGT rev 07/20/93 RECORDING REQUEMD BY CITY OF HUNTINGTON BEACH And when tw orded testy to City dMc City of Huntington Beech P.O. Box 190 • Huntington Bach, Ceilfomia 92US above dtir hw for 111 o dw'r wf EASEMENT DEED rW ead«atoa.d peator (e) declare (e) Doammury ender tax it i ( ) eoaPated w haft valve of Property ow"7ed, a = t ) empend on fail ralw Ira valve of tleaa and aewsix& = ntairAn of dr at de. ( ) UR60xponted am: (3 City of ae/ FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, do hereby GRANT to the CITY OF HUNTINGTON BEACH, a municipal corporation, a perpetual eaaemer and right of way for purposes in, on, over, tat& and across all that real property in the CITY OF HUNTINGTON BEACH,. County of Orange, State t California, described as followai ri Dates frAT9 OF CALVOKM SL cOUNTY or o. before me, file OWN dtec a Noewy I4t0ie rat aM fa acid state. peeosah apprd - - bolts to W - to w *4 jRfos y"" YaM .`-�brd to the vttW inu,wet ad aa§aOrbfteil tlr, �*icuted the tear. vrr? Ed1 try brd Oil odkw arl. y�e.. EXHIBIT "A" • • LEGAL DESCRIPTION A.P. NO. 110-220-02 BEING THE EAST 55.00 FEET OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 5 SOUTH, RANGE 11 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE RANCHO LAS BOLSAS, IN. THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THE MAP RECORDED IN BOOK 51, PAGE 13 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING THAT PORTION INCLUDED WITHIN THAT CERTAIN RESERVATION FOR ROADS DESCRIBED IN THAT PARTICULAR DEED RECORDED JULY 19, 1905 IN BOOK 91, PAGE 134 OF DEEDS IN THE OFFICE- OF THE COUNTY RECORDER OF SAID COUNTY. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHT OF WAY AND EASEMENTS, IF ANY, OF RECORD. - VWDEN & SOCIATES CML ENGINEERS — PLANNERS _ LAND SURVEYORS 12012 COWAN, SUITE 210 • IRVINE, CA 92714 714/660-0110 FAX: 660 ll .K/4 No. 3W Ev.k—W—G Of LEGAL DESCRIPTION A.P. NO. 110-220-02 0879-273-8 10/20/92 WO. No. Onto Engr. PER Chk. ___ Shoot _L 01 EXHIBIT 05" 60 50 ol 57 % _p 55 `h V� 1 54 53 52 51 50 l 49 20 SGN.i: 1'■100' - F— u r C ERNEST AVENUE 30' EA —CO f f0R ROAD �.• Putow5 PLR WIN Dms 16 5 112, NE 1/4, SE 1/4, G D.m SE 114, SECTION 34 W n A �`n�^. o u & EXMIdfT 8 WLDEN SSOCIATEs ETCH TO ACCOMPANY A LEGAL DE5CR►77ON 180111 COVAP, Hilt 210. ti VWL CA U714 W.O. No . pcte 10/20/R2 (714) 660-0110 TAX' "0-041e -CAM En r _ U. Chk LL— SheeLL—Of 2 • • LEGAL DESCRIPTION A.P. NO. 110-220-03 BEING THE WEST 5.00 FEET OF THE EAST 60.00 FEET OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 5 SOUTH, RANGE I I WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE RANCHO LAS BOLSAS, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THE MAP RECORDED IN BOOK 51, PAGE 13 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING THEREFROM THE SOUTH 130 FEET THEREOF. PARTICULARLY SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHT OF WAY AND EASEMENTS, IF ANY, OF RECORD. ALDEN & SSOCIATES CM t7+ IX= — M.&W s — LAND SURMORS 10012 COWAN, SUM 210 • IRVINIL CA W14 E GlIBIT "A" LEGAL DESCRIPTION A.P. NO. 110-220-02 w 0. do. 0879-27M En«. PER C%k. _ Date 10/20/92 snot _ of i ' EX1ilC11 0 6o s4 sa 57 56 �.� ss `1 54 �Qc414 53 32 3I 90 I9 �, 20 N 1q Q ERNEST AVENUE 30' EASQ4rr r0R RdW R mses rat %/Lm Dms N1 SCALE. l'-100' S 1/2, NE 1/4, SE 1/4, °G a; SE 1/4, SECTION. 34 `` �, s VWLDEN & EXI11IjlT 8 SSOCIATES - SKETCH TO ACCOMPANY A LEGAL DESCRI'TION 1e012 COWS. SUM Sio. I!nom ca u7i4 W.O. No Q8?9-213-A Date 10/20/42 (rit) eea-olio 2�Az: 660-041e Shaet? of 2 9 EXHIBIT "H" . THOMAS CONSTRUCTION LICENSE • f:\REAL\873\15115001\SETTLEMT.AGT rev 07/20/93 GRANT OF CONSTRUCTION LICENSE THIS GRANT.OF CONSTRUCTION LICENSE ("Agreement") is made and entered into as of this day of July, 1993, by and between JOHN A. THOMAS and LINDA THOMAS .(collectively, "Licensor") and SEACLIFF PARTNERS, a California general partnership (collectively, "Licensee"). R E C I T A L S A. Licensor is the owner of that certain real property ("Licensor's Property") consisting of approximately acres located in the City of Huntington Beach, County of Orange, State of California, commonly referred to as 18851 Stewart Street. B. Licensor desires to grant and Licensee desires to acquire a temporary license whereby Licensee acquires the right to enter upon a portion of Licensor's Property for the purpose of aiding -in the_widenng-of--Golden--Wes-t-Street-and--Garfield Avenue. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties hereby agree as follows: • 1. Grant of License. Licensor hereby grants to Licensee and its employees and contractors a temporary license ("License") upon all the terms and conditions set forth herein. The location of the License ("License Area") is described in Exhibit "A" attached hereto and depicted in Exhibit "B" attached hereto. The scope of the License is limited to the right to enter upon the License Area to conduct those activities directly related to and incidental to the construction of the widening of Golden West Street and Garfield Avenue (hereinafter referred to as the "Improvements") including the use of construction equipment and materials. 2. Term of License. The term of the License ("License Term") shall commence upon the date hereof and end upon the completion of the widening of the portion of Golden West Street and Garfield Avenue contiguous to Licensor's Property. 3. Clearing of License Area.. Upon thirty (30) days prior written notice from Licensee, Licensor shall remove Licensor's personal property from the License Area. 4. Restoration of License Area. Within thirty (30) days after completion of the Improvements, Licensee shall restore the License Area to the condition that existed immediately prior to • Licensee's entry upon the License Area. The obligations of F:\REAL\8i3\15115001\TOWXW.LIC H- 1 rev 06/08/93 . Licensee under this Section 3 shall survive the termination of the License. 5. Indemnity. Licensee hereby agrees.to indemnify, defend and hold harmless Licensor and Licensor's Property from and against any and all liabilities, expenses, liens, claims and costs (including reasonable attorneys' fees and fees of expert witnesses) arising out of or in connection with the use of the License Area by Licensee or the activities of Licensee in constructing the Improvements or the failure by Licensee to perform any obligation imposed upon it herein. In connection with the construction of the Improvements, Licensee shall take all steps necessary to refrain from.causing damage to Licensor's Property, and Licensee shall indemnify, defend and hold harmless the Indemnitees from and against any and all damages, liens, claims, costs, expenses or other liabilities arising out of or in any way relating thereto. This provision shall survive the termination of the License. 6. Insurance. Licensee shall, at Licensee's expense, maintain, for the duration of the License, a general liability --�policy�in-an-amount-not-less-than One Million -Dollars ($1,000,000.00) and a worker's compensation insurance policy in the maximum amount required by law, insuring Licensee, and naming Licensor as an additional insured, against any liability arising • out of Licensee's use of the License Area and the construction of r the Improvements. Licensee shall deliver to Licensor copies of the aforementioned insurance policies, or certificates evidencing the existence and amounts of such insurance, prior to the commencement of construction of the Improvements. 7. Lien Free Completion. Licensee agrees to complete the Improvements lien free and in accordance with all applicable governmental regulations and requirements. Upon commencement of construction of the Improvements, Licensee shall diligently prosecute said construction to completion. 8. Notice of Commencement and Comoletion_of Construction. Licensee shall notify Licensor in writing thirty (30) days prior to the commencement and thirty (30) days prior to the expected completion of construction of the Improvements. 9. Enforcement. The parties hereto and their successois and assigns may employ any lawful means whatsoever to enforce the provisions of this Agreement. 10. Attorneys' Fees. Should any litigation be commenced between the parties to this Agreement concerning the matters set forth in this Agreement or the rights and duties of any party in relation thereto, the prevailing party in such litigation shall • be entitled to all costs and expenses of suit, including F:\REAL\873\151i5OO1\TOHCOWA1C H-2 rev 06/08/93 • reasonable attorneys' fees, in addition to such other relief as may be granted. 11. Successors and Assigns. This Agreement shall be binding upon, and shall inure to the benefit of the parties hereto and their respective heirs, legal representatives, successors and assigns, including without limitation any subsequent owners) of Licensor's Property and Licensee's Property. Licensee shall have the right to assign the License to the City of Huntington Beach; provided, however, that Licensee shall remain liable for the performance of Licensee's obligations hereunder. 12. General Provisions. (a)_ Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but which collectively shall constitute but one and the same instrument. (b) Governing Law. This Agreement shall be construed in accordance with_,-and_gover-ned-by the laws -of- the -State -of — ----- California. (c) Severability. In the event that any provision of this Agreement, or.the application thereof to any person or under any circumstance, is determined to be invalid or unlawful, or unenforceable to any extent, then to such extent,.such provision shall be deemed severed from this Agreement. However, the application of such provision to any other persons or entities or under any other circumstance other than those as to which it is .determined to be invalid, unlawful or unenforceable is valid, lawful and enforceable, and every remaining provision of this Agreement shall continue in full force and effect. (d) Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and there are no other oral or written agreements between the parties -concerning the subject matter of this Agreement. f:\REAL\8T3\15115001\TOMCON.LIC H-3 rev 06/08/93 (e)_ Exhibits. All exhibits to this Agreement are . incorporated herein by this reference as though.fully set forth in the body hereof. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. JOHN A. THOMAS LINDA THOMAS . "Licensor" SEACLIFF PARTNERS, a California general partnership By: Its: • ".Licensee" • F:\REAL\873\15115001\T0MM.LIC H-4 rev 06/08/93. • EXHIBIT "A" LEGAL DESCRIPTION OF LICENSE AREA (Golden West Street) Being the East 5.00 feet of the West 35.00 feet of Lots 13, 14 and 27 in Block F of Garfield Street addition to Huntington Beach, in the City of Huntington Beach, County of Orange, State of California, as shown on the Map. recorded in Book-7, Pages 27 and 28 of Miscellaneous Maps, in the Office of the County Recorder of said County. And that portion of Lots 15 and 16 in Block F of said Garfield Street addition to Huntington Beach, more particularly described as a strip of land 5.00 feet in width, the West line of said strip being described as follows: - BEGINNING at the point of intersection of the South line of said Lot 15 and a line parallel with and 60.00 _ f_e.et._Easter-ly-,-measured-at r-fight angles-f-rom-t-he-West ---- line of the Southwest quarter of Section 35, Township 5 South, Range 11 West, San Bernardino Base and Meridian as shown on said Map; thence Northerly along said • parallel line to a point 480.00 feet Northerly along r the West line of said Southwest quarter as measured from the Southwest corner of said Section 35 and 60.00 feet Easterly, measured at .right angles from said West line; thence Northerly to a point 780.00 feet northerly along said West line as measured from said Southwest corner and 57.00 feet Easterly measured at right angles from said West line. • All as more particularly shown on Exhibit "B" attached hereto and made a part hereof. Subject to covenants, conditions, reservations, restrictions, right of way and easement, if any, of record. f:\REAL\873\15115001VOMCON.L IC H - 5 rev 06/08/93 EXHIBIT "A" LEGAL DESCRIPTION OF LICENSE AREA (Garfield Street) Being the North 5.00 feet of the South 37.00 feet of Lots 1 through 10, inclusive, in Biock F of Garfield Street addition to _ Huntington Beach, in the City of Huntington Beach, County of Orange, State of California as shown on the Map recorded in Book 7, Pages 27 and 28 of Miscellaneous Maps, in the Office of the County Recorder of said County. Excepting therefrom that portion of said Lot 1 lying Southeasterly of a curve concave Northwesterly having a radius of 32.00 feet, being tangent on the East to a line parallel with and 30.00 feet westerly measured a right angles to the centerline of Stewart Street (Smeltzer Avenue as shown on said Map) and being tangent on the South to a line parallel with and 60.00 feet Northerly measured at right angles from the South line of the So.uthwest-qua-r-te-r--o-f—Section3-5; Townsh-ip--S-South; Range 11 West, _ San Bernardino Base and Meridian. All as more particularly shown on Exhibit "B" attached hereto and made a part hereof. r • Subject to covenants, conditions, reservations, restriction, rights of way and easement, if any, of record. • F : WAL \873\1511500 MCHMN A I C H - 6 rev 06/08/93 EXHIBIT "B" • MAP OF.LICENSE AREA (Garfield Street) • • F:\REAL\873\15115001\TCMCON.LIC H-7 rev 06/08/93 EXHIBIT -B" 0 0 6o 5q 58 57 56 .� 55 V `1 54 ��Q ►tip 53 52 51 50 4q N 1/2, NE 1/4, 5E 114, 5E 1/4, SECTION 34 N1. -- -- --- -20 --- - --- -- 30' EASfMDO FOR ROAD RXPOSES PER gl/LU DEEDS A Z � O am � WOE �W1�- cc 17 0=� �o WSSO.CIATES DEN & . EXHIBIT B SKETCH TO ACCOMPANY A LEGAL DESCRIPTION • • • EXHIBIT "A" LEGAL DESCRIPTION . A.P. NO. 110-220-03 BEING THE EAST 55.*00 FEET OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF. THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 5 SOUTH, RANGE 11 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE RANCHO LAS BOLSAS, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THE MAP RECORDED IN BOOK 51, PAGE 13 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING THEREFROM THE SOUTH 130 FEET THEREOF. ALSO EXCEPTING THEREFROM THAT PORTION INCLUDED WITHIN THAT CERTAIN RESERVATION FOR ROADS DESCRIBED IN THAT PARTICULAR DEED RECORDED JULY 19, 1905 IN BOOK 91, PAGE 134 OF DEEDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHT OF WAY AND EASEMENTS, IF ANY, OF RECORD. ALDEN - & EXHIBIT "A" LEGAL DESCRIPTIO SSOCIATES A.P. NO. 110-22 CML ENGINEERS — RA"ERS — LAND SURVEYORS 1Ka No. 0879-273-8 o�t� 10/20/92 18012 COWAN, SUITE 210 9 IRVINE. CA 92714 714/66"110 FAX 60441S En r. PER Chk. Shoot _ of EXHIBIT "B" 0 • • GO 5q 58 57 I 56 5 .�� 55 V `1 54 33 52 Ni 51 50 4g NI F— t!") 3 19 " w 0 O ERNEST AVENUE 30' EASCFtNT FOR ROAD RMOSES PER 41/134 DEEDS 18 2 += v 25' S 1/2, .NE 114, SE 114, Q m SE 114, SEC TION 34 17 Q�0 Z N 4P p n Qc 3011 p � h arc � 1 i EXHIBIT B ALDEN & SKETCH TO ACCOMPANY SSOCIATES 15012 COWAN, 9UrM 210, MVUM CA 92714 (714) 660-01-10_ __ rAM "0-0418 W.O. c,..., A LEGAL DESCRIPTION No. Wq-M-d Dote ni !•.L-_1 10/20/42 1 ,,. I 0 r1 U • EXHMIT "A" LEGAL DESCRIPTION A.P. NO.110-220-04 BEING THAT PORTION OF THE SOUTH 130.00 FEET OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 5 SOUTH, RANGE 11 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE RANCHO LAS BOLSAS, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THE MAP RECORDED IN BOOK 51, PAGE 13 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING EASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT 480.00 FEET NORTHERLY ALONG THE WEST LINE OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 5 SOUTH, RANGE 11 WEST, SAN BERNARDINO BASE AND MERIDIAN, AS MEASURED FROM THE SOUTHWEST CORNER OF SAID SECTION 35 AS SHOWN ON SAID MAP AND 58.00 FEET WESTERLY, MEASURED AT RIGHT ANGLES FROM SAID WEST LINE; THENCE NORTHERLY TO A POINT '180.00 FEET NORTHERLY -ALONG -SAID -WEST -LINE -AS -MEASURED -FROM -SAID- SOUTHWEST CORNER AND 55.00 FEET WESTERLY MEASURED AT RIGHT ANGLES, FROM SAID WEST LINE; THENCE NORTHERLY ALONG A LINE PARALLEL WITH AND 55.00 FEET WESTERLY, MEASURED AT RIGHT ANGLES FROM SAID WEST LINE TO THE NORTH LINE OF SAID SOUTH 130.00 FEET OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 34. EXCEPTING THAT PORTION INCLUDED WITHIN THAT CERTAIN RESERVATION FOR ROADS DESCRIBED IN THAT PARTICULAR DEED RECORDED J ULY 19, 1905 IN BOOK 91, PAGE 134 OF DEEDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIO WAY AND EASEMENTS, IF ANY, OF RECORD. / ``��� V►ME w ' Co. 3347 Ev. • 3a56 — - EXHIBIT "A" VWDEN & LEGAL DESCRIPTION SOCIATES A.P. NO.11a220-04 CMi ENGINEERS - nANNERS - LAND SURVEYORS 0879-273-8 10/20/92 18012 COWAN. SUITE 210 • IRVINE. CA W14 WO.No. Date 714/660-0110 FAX 660-NIS Ear. Chk. Shoot ... / of Z_ EXHIBIT 'B' • 30' EASEMW FOR ROAD PURPOSES PER 41/134 DEEDS 17 u) GARFIELD AVENUE sc�u.E: r-soo ALDEN & 00-1 IT B SSOCIATES SKETCH TO ACCOMPANY A LEGAL DESCRIPTION 15012 COVAM, SVn7 210. .VIM CA 92714 1 W.O. No DdZff-273-8- nnt. 10/20/92 EXHIBIT "F" THOMAS RIGHT-OF-WAY DEED i F:\MEAL\873\15115001\SETTLEMT.AGT rev 07/20/93 RECORDING REOUESTED BY CITY OF HUNTINGTON BEACH And when recoaW ma8 to • City pars: City of Huntington Beech P. 0. Box 190 Huntington 84ach. California 92M • • EASEMENT DEED 71r mdadp W pastor (.) dedam (a) : Doammentary trerera tax is () _ ( ) eoaprbd oa full vitae of pvopmty aornyed, a ( ) eoapeted ON hdl rdiae lea valor of Ilm dad oatabraseea eeoeiaieg at dad of ed)e. ( ) Usbamporated am: O City of esd FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, do hereby GRANT to the CITY OF HUNTINGTON BEACH, a municipal corporatist, a perpetual easement and right of way for purpom in, on, over, tmdet and scrom all that real property in the CITY OF HUNTINGTON BEACH, County of Orange, State of California, rkscribed as follows: Dated STATlt or CALUDI U S& couxrT 0► on ► " tie, do edw- dpac d Nradry twhk Is sad trr aH state.'eooaddr amid kw" lr sed b be do penes said mWoU d to tW wkWk WWuw ! nd eetianvledpd tb air. WIN Lls my hmd and oal" arL • • EXHIBIT "A" LEGAL DESCRIPTION A.P. NO. 111-120-20 BEING THAT PORTION OF LOTS I AND 2 IN BLOCK F OF GARFIELD STREET ADDITION TO HUNTINGTON BEACH, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THE MAP RECORDED IN BOOK 7, PAGES 27 AND 28 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING SOUTHERLY OF A LINE PARALLEL WITH AND 60.00 FEET NORTHERLY, MEASURED AT RIGHT ANGLES FROM THE SOUTH LINE OF THE SOUTHWEST QUARTER OF. SECTION 35, TOWNSHIP 5 SOUTH, RANGE 11 WEST, SAN BERNARDINO BASE AND MEDIAN, AS SHOWN ON SAID MAP; TOGETHER WITH THAT PORTION OF LOT 1 LYING SOUTHEASTERLY OF A CURVE CONCAVE . _.N.ORTHWESTERLY_HAVING_A RADLUS_OF 32.00 FEET BEING TANGENT ON THE EAST TO A LINE PARALLEL WITH AND 30.00 FEET WESTERLY MEASURED AR RIGHT ANGLES TO THE CENTERLINE OF STEWART STREET (SMELTZER AVENUE AS SHOWN ON SAID MAP) AND BEING TANGENT ON THE SOUTH TO A LINE PARALLEL WITH AND 60.00 FEET NORTHERLY MEASURED AT RIGHT ANGLES FROM THE SAID SOUTH LINE OF THE SOUTHWEST QUARTER OF SECTION 35. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHT OF WAY AND EASEMENTS, IF ANY, OF RECORD. ALDEN & SSOCIATES CM ENGtNEE>RS — ►LANNERS — LAND SURVEYORS 18012 COWAN. SUITE 210 • IRVINE, CA 92714 7141660-0110 FAX 66044It LEGAL DESCRIPTION A.P. NO. 111-120-20 vio. No. 0879-273-8 Engr. Chk Date 10/20/92 �— sh•.R 1 of 7- 0 STEWART anti Ow v EXHIBIT '8' WALE: I'-100' ALDEN & SKETCH TO ACCOMPANY SSOCIATES A LEGAL DESCRIPTION 15012 COVAN. 9= 210. MUM CA 02714 W.O. No-087q-273=6 Dote 10/22/R2 (714) SW-0110 FAz WO-041e En r. D,G• Chk fig- SheetL—Of 2 .7 • u F,XI-IIBIT "A" LEGAL DESCRIPTION A.P. NO. 111-120-19 BEING THAT PORTION OF LOT 3 IN BLOCK F OF GARFIELD STREET ADDITION TO HUNTINGTON BEACH, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THE MAP RECORDED IN BOOK 7, PAGES 27 AND 28 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING SOUTHERLY OF A LINE PARALLEL WITH AND 60.00 FEET NORTHERLY, MEASURED AT RIGHT ANGLES FROM THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 5 .SOUTH, RANGE 11 WEST, SAN BERNARDINO BASE AND MEDIAN, AS SHOWN ON SAID MAP. ALL AS MORE PARTICULARLY SHOWN_ ON --EXHIBIT _"_B"_ -ATTACHED-HERET-O --AND MADE A PART HEREOF. SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHT-- OF WAY AND EASEMENTS, IF ANY, OF RECORD. /--FK1 �_rwbm )T 3347 OF EXHIBIT ^A^ ALDEN & LEGAL DESCRIPTION SSOCIATES I A.P. NO.111-120-19 CIVIL. ENGINEERS — tuxNM — LAND SURVEYORS 0879-273-8 10/20792 18012 COWAN, SUITE 210 • IRVINE. CA 92714 NLO. No. Date 714/660-0110 FAX 660-04It I Emir. Chk. Shoot —L— W Z • U • EXHIBIT 'B' scAit: �•-soo� OJZti ,\O ALDEN & EXHIBIT B SKETCH TO ACCOMPANY SSOCIATES A LEGAL DESCRIPTION 16012 COWAN, MM 210. 1 MUM CA 92716 W.O. No 067q-273-6 pate 10/2L42 (714) 660-0110 FAX 660-041e En r._0 Chk PR. __ Sheet Z Of_Z _ • E EXHIBIT "A" LEGAL DESCRIPTION A.P. NO. 111-120-18 BEING THAT PORTION OF LOT 4 IN BLOCK F OF GARFIELD STREET ADDITION TO HUNTINGTON BEACH, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THE MAP RECORDED IN BOOK 7, PAGES-27 AND 28 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING SOUTHERLY OF A LINE PARALLEL WITH AND 60.00 FEET NORTHERLY, MEASURED AT RIGHT ANGLES FROM THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 5 SOUTH, RANGE 11 WEST, SAN BERNARDINO BASE AND MEDIAN, AS SHOWN ON SAID MAP. AL-L--AS--MORE-PAR-T-ICULARLY-SHOWN-ON--EXHIBIT-"B"-ATTACHED-HERETO AND" MADE A PART HEREOF. SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHT Of WAY AND EASEMENTS, IF ANY, OF RECORD. *ISSOCIATES LDEN & C=vtt. ENa11MU — ttAxN1 U — LVM 3URViEYM 111012 COWAN, SUM 210 • IRVINL CA 92714 NJ 110 FAX i"ll NO.334T LEGAL DESCRIPTION A.P. NO. 111-120-18 wo. 140. 0879-273-8 Dal. 10/20/92 Enar. c%L SAao1/ Of Z n U • EXF Mrr "A" LEGAL DESCRIPTION A.P. NO. 111-120-17 BEING THAT PORTION OF LOT 5 IN BLOCK F OF GARFIELD STREET ADDITION TO HUNTINGTON BEACH, IN THE CITY OF HUNTINGTON. BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THE MAP RECORDED IN BOOK 7, PAGES 27 AND 28 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING SOUTHERLY OF A LINE PARALLEL WITH AND 60.00 FEET NORTHERLY, MEASURED AT RIGHT ANGLES FROM THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 5 SOUTH, RANGE 11 WEST, SAN BERNARDINO BASE AND MEDIAN, AS SHOWN ON SAID MAP. ALL AS MORE PARTICULARLY SHOWN ON_EXHIBIT_ "B" AT_TACHED--HERET-O-AND---- MADE A PART HEREOF. SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHT OF WAY AND EASEMENTS, IF ANY, OF RECORD. Plo.3347 e�, EW" • o- \ �CA��4% ALDEN & EXHIBrr "An - LEGAL DESCRIPTION SSOCIATES A.P. NO. 111-120-17 CML IINGINUM — PLA " US — LAND SURVEYORS 0879-2734 10/20/92 11012 COWAN. SUITS 210 • IRVIN& CA 9V14 1K0. No. Date 714/"04110 FAX 6604411t [n r. CMt. _,..—_ Shoot Ot Z 0 0 0 STEW 'h ;k-' EXHIBIT 'B' sca.c: TwI00' ks DEN & tumi a SOCIATES SKETCH TO ACCOMPANY A LEGAL DESCRIPTION 18012 COWAN, SUM 210. ErMa. CA M14 W.O. No 0874-M-8 Oote 10/22142 (714j 860-0110 PAM 880-0418 Emor.Ok. Ch�sheet 2 co -L • n U • EXHIBIT "A" LEGAL DESCRIPTION A.P. NO. 111-120-16 BEING THAT PORTION OF LOTS 6 AND 7 IN BLOCK F OF GARFIELD STREET ADDITION TO HUNTINGTON BEACH, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THE MAP RECORDED IN BOOK 7, PAGES 27 AND 28 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING SOUTHERLY OF A LINE PARALLEL WITH AND 60.00 FEET NORTHERLY, MEASURED AT RIGHT ANGLES FROM THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 5 SOUTH, RANGE 11 WEST, SAN BERNARDINO BASE AND MEDIAN, AS SHOWN ON SAID MAP. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "B"_ ATTACHED -HERETO _AND_ . MADE A PART HEREOF. SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHT -OF WAY AND EASEMENTS, IF ANY, OF RECORD. ti �!o. 3347 E;�•G'3aSG ALDEN & EXHIBIT "A" LEGAL DESCRIPTION SSOCIATES A.P. NO.111-120-16 CML ENGinglS - rtaNr M - LAND Suivrfm 0879-27M 10/20/92 10012 COWAN, SUIT! 210 • IRVINE CA 9VI4 vi0. No. Date 714/U&4110 FAX U04 418 En r. Chts. Shoat L of Z • • • EXHUT •e• SCALE. 1'-100' u t >z � ALDEN & EXHUT 8 sSOCIATES SKETCH TO ACCOMPANY A LEGAL DESCRIPTION 18012 COWAN, SUM 210. MVWL. CA 9014 W.O. No- 067q-2n-h Date 10122/42 (714) "0-0110 FAM 660-0418 En r.-Ut,_Chk.-fL— SheeLL-of 2 • • • EX - MIT "A" LEGAL DESCRIPTION A.P. NO. 111-120-15 BEING THAT PORTION OF LOT 8 IN BLOCK F OF GARFIELD STREET ADDITION TO HUNTINGTON BEACH, IN THE CITY OF HUNT INGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THE MAP RECORDED IN BOOK 7, PAGES 27 AND 28 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING SOUTHERLY OF A LINE PARALLEL WITH AND 60.00 FEET NORTHERLY, MEASURED AT RIGHT ANGLES FROM THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 5 SOUTH, RANGE 11 WEST, SAN BERNARDINO BASE AND MEDIAN, AS SHOWN ON SAID MAP-. -ALL-AS-MORE-P-AR-T-ICULARL-Y---SHOWN-ON-F"IBI-T—"B"—AT-T-AC-HED-HERE-T-O-AND- - MADE A PART HEREOF. SUBJECT TO. COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, -RIGHf-OF WAY AND EASEMENTS, IF ANY, OF RECORD. W LDEN & SSOCIATES CML EXCINtLRS — P ANNERS — LAND SURVEYOR! 18012 COWAN. Stl[T'E 210 0 IRVIN& CA OV14 1 66"110 PAX 66L 11 LEGAL DESCRIPTION A.P. NO. 111-120-15 0879-273-8 10/20/92 WO. No. Date [nor. PER Chls. Shaal 1 Or --_ - EXttI81T 'B' • cow. 1'0100 G 6 7 2 7 26� U 8 8 � 1u U U q 32' q O � 10 10 n 11 12 12 STEWART STREET • is QctV� Z ,�•� 2 3 �V~ryCID 4 3 � I � 3 y q 10 n I Z C ',, r 4 r-0, S I � 32• a q 10 ut Sw 114. I . 33, .55. Itmw. Sam n II GOLDEENWESf 5TREET WSS EN& EXHOT B OCIATES SKETCH TO ACCOMPANY A LEGAL DE5CUT10N 18012 COWAN. SUM 210. 1>:VM CA - 92714 W.O. No ��-273-d Dote (714) "0-0110 TAX: 680-0410 En r f, Chk.= Sheet2 • • EXHIBIT "A" LEGAL DESCRIPTION A.P. NO. 111-120-14 BEING THAT PORTION OF LOT 9 IN BLOCK 'F OF GARFIELD STREET ADDITION TO HUNTINGTON BEACH, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THE MAP RECORDED IN BOOK 7, PAGES 27 AND 2$ OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING SOUTHERLY OF A LINE PARALLEL WITH AND 60.00 FEET NORTHERLY, MEASURED AT RIGHT ANGLES FROM THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 5 SOUTH, RANGE 11 WEST, SAN BERNARDINO BASE AND MEDIAN, AS SHOWN ON SAID MAP. ON - EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHT OF WAY AND EASeMM, IF ANY, OF RECORD. VWDEN 8tSOCIATES CML ENGINERRS -- PLANNM - LAUD SURVEYORS 18012 COWAN, SUM 210 • IRVINS. CA 9V14 714166"110 FAX-- 6E54612 ENE Nq� No. 3347 Ev L -1G OF EXHIBIT "A" LEGAL DESCRIPTION A.P. NO. 111-120-14 wo. me. 0879-273-5 Date 10/20/92 -. e- PFR �... -- - ' - - • 0 • EXHIBIT '8' SG1LC:1'�100' . STEW, ALDEN & SSOCIATES 15012 COWAX, avm 210. MWL C. OV14 W.O. (714) "0-0110 M, "o-0411 En , EXFfI81T B &%TCtt TO ACCOMPANY A LEGAL DESCRIPTION Q67"73-8 pcte 10/20/V i—Chk�Sheet.L_':' • • • LEGAL DESCRIPTION A.P. NO. 111-120-13 BEING THAT PORTION OF LOT 10 IN BLOCK F OF GARFIELD STREET ADDITION TO HUNTINGTON BEACH, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THE MAP RECORDED IN BOOK 7, PAGES--27 AND 28 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING SOUTHERLY OF A LINE PARALLEL WITH AND 60.00 FEET NORTHERLY, MEASURED AT RIGHT ANGLES FROM THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 5 SOUTH, RANGE I WEST, SAN BERNARDINO. BASE AND MEDIAN, AS SHOWN ON SAID MAP. OWN-ON-EXHIBIT-"B" ATTACHED HERETO AND MADE A PART HEREOF. SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHT OF WAY AND EASEMENTS, IF ANY, OF RECORD. WDEN & EXHIBIT "A"LEGAL DESCRIPTION SOCIATES A.P. NO.111-120-13 CmL VWtNUU — rLANN21 s — LAND SURvIyORS Mc a No. 0879-Z73-8 oat• 101 10012 COWAN, SUITE 210 • IRVIN& CA 9V14 7141""110 FAX6"ll Naar PER CAk s.__. 1 n• U EXHIBIT OF 1w. 1'41100, GU71D11 0 SKETCH TO ACCOMPANY A LEGAL DESCRIPTION W.O. No CAM-M-8 c..-P of,. rd, pt Date 10120.,Q2 c" At 2 2 n LJ EXHIBIT "A" LEGAL DESCRIPTION A.P. NOS. 111-120-30 BEING THAT PORTION OF LOT 27 IN BLOCK F OF GARFIELD STREET ADDITION TO HUNTINGTON BEACH, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THE MAP RECORDED IN BOOK 7, PAGES 27 AND 28 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING WESTERLY OF A LINE PARALLEL WITH AND 60.00 FEET EASTERLY, MEASURED AT RIGHT ANGLES. FROM THE WEST LINE OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 5 SOUTH, RANGE 11 WEST, SAN BERNARDINO BASE AND MEDIAN, AS SHOWN ON SAID MAP. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "B" ATT MADE A PART HEREOF. • SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHT OF WAY AND EASEMENTS, IF ANY, OF RECORD. ALDEN & SSOEIATES CML ENGINEERS — PLANNERS .- LAND SURVEYORS 18012 COWAN. SURE 210 • IRVINE. CA 92714 7141""110 FAX: 6604418 E Y01%. •VV% No. 3347 EiD OF C� EXHIBIT "A" LEGAL DESCRIPTION A.P. NOS. 111-120-30 WO. No. 0879-273-8 Diei 10 20 92 Engr. Chk. 01 EXMINT •B- • 9 rr __j GARFIELD AVENUE kz- NI 1 i I i I I 1. 11 10 i 9 . e 7 Ij BLOCK D sca.r': r-1oo s ALDEN & EMBIT 8 SSOCIATES SKETCH TO ACCOMPANY A LEGAL DESCRIPTION 16012 COWAN. MM 210, OYllft. CA 92714 W.O. No OdZg=M-8 Date 10/20/02 (714) M-0110 TAL "0-0418 En r.OZ,_Chk _ EX, • • EXHIBIT "A" LEGAL DESCRIPTION A.P. NOS. 111-120-09 BEING THAT PORTION OF LOT 13 IN BLOCK F OF GARFIELD STREET ADDITION TO HUNTINGTON BEACH, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THE MAP RECORDED IN BOOK 7, PAGES 27 AND 28 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING WESTERLY OF A LINE PARALLEL WITH AND 60.00 FEET EASTERLY, MEASURED AT RIGHT ANGLES FROM THE WEST LINE OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 5 SOUTH, RANGE 11 WEST, SAN BERNARDINO BASE AND MEDIAN, AS SHOWN ON SAID MAP. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "B" 'ATTACHED HERETO AND___ _. MADE A PART HEREOF. SUBJECT TO COVENANTS,. CONDITIONS, RESERVATIONS, RESi'RICTIONS, RIGHT OF WAY AND EASEMENTS, IF ANY, OF RECORD. VWSODEN & EXHIBIT"A" LEGAL DESCRIPTION CIATES A.P. NOS. 111-120-09 Cnt. ENGtNLi.> S - MANXW - LAND SURvEYOas 0879-273-8 10 /20/92 18012 COWAN. SUITE 210 • IRVIN?, CA 92714 vvt 0. Me. Date Z 714/U"l It FAX: 6"11 [nor. CAk. Sheet � Of • EXHIBIT 'B' I II J7 I 16 wEsr LW Of sW 114 of sec 13 I-- u W N 3 W 0 O I I � GARFIELD AVENUE i t i 11 10 9 6 7 BLOCK 0 scale: r-1oo' ALDEN & EXHIBIT B SSOCIATES SKETCH TO ACCOMPANY A LEGAL DESCRIPTION • • • EXi TBI T "A" LEGAL DESCRIPTION A.P. NO. 111-120-08 BEING THAT PORTION OF LOT 14 IN BLOCK F OF GARFIELD STREET ADDITION TO HUNTINGTON BEACH, IN. THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THE MAP RECORDED IN BOOK 7, PAGES 27 AND 28 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING WESTERLY OF A LINE PARALLEL WITH AND 60.00 FEET EASTERLY, MEASURED AT RIGHT ANGLES FROM THE WEST LINE OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 5 SOUTH, RANGE 11 WEST, SAN BERNARDINO BASE AND MEDIAN, AS SHOWN ON SAID MAP. -_ALL-AS-MORE-P-AR-T-ICUL-ARL--Y--SHOWN-ON-EXHIBI-T "B--ATT-ACHED-HERE-TO AND-- MADE A PART HEREOF. SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHT OF WAY AND EASEMENTS, IF ANY, OF RECORD. ALDEN & SSOCIATES CIVIL EMtNZM — PLANNERS — LAND SURVEYORS 11012 COWAN. SUM 210 • IRVIN4'CA OV14 WO. No. 714166" 110 PAX- "04111 E n r. _ LEGAL DESCRIPTION A.P. NO. 111-120-M 0879-273-8 - Chk. 10/20/92 06t• Shoat -L of - SFC 3 I . •TS S• �, II f • S.e GOLDEIQWEST TREET 7aom- � r BLOCK F O v olo a FF�p 'Toy q �. �28 t BFq l t �y 300.00• RA N cy kn V R • • • n EXH BIT "A" LEGAL DESCRIPTION A.P. NO. 111-120-07 BEING THAT PORTION OF LOT 15 IN BLOCK F OF GARFIELD STREET ADDITION TO HUNTINGTON BEACH, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THE MAP RECORDED IN BOOK 7, PAGES 27 AND 28 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING WESTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE POINT OF INTERSECTION OF THE SOUTH LINE OF SAID LOT 15 AND A LINE PARALLEL WITH AND 60.00 FEET EASTERLY, MEASURED AT RIGHT ANGLES FROM THE WEST LINE OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 5 SOUTH, RANGE 11 WEST, SAN BERNARDINO BASE AND MERIDIAN AS ; THENCE NORTHERLY ALONG SAID PARALLEL LINE TO A POINT 480.00 FEET NORTHERLY ALONG THE WEST LINE OF SAID SOUTHWEST QUARTER, AS MEASURED FROM THE SOUTHWEST CORNER OF SAID SECTION 35 AND 60.00 FEET EASTERLY, MEASURED AT RIGHT ANGLES FROM SAID WEST LINE; THENCE NORTHERLY TO A POINT 780.00 FEET NORTHERLY ALONG SAID WEST LINE AS MEASURED FROM SAID SOUTHWEST CORNER AND 57.00 FEET EASTERLY MEASURED AT RIGHT ANGLES, FROM SAID WEST LINE. EXCEPTING THEREFROM THAT PORTION INCLUDED WITHIN THAT CERTAIN EASEMENT FOR STREET PURPOSES TO THE CITY OF HUNTINGTON BEACH, RECORDED JULY 10, 1975 IN BOOK 11454, PAGE 214 OF OFFICIAL RECORDS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, WAY AND EASEMENTS, IF ANY, OF RECORD. � G•3a9G ALDEN & EXHIBIT "A" ''�E OF ���Ev LEGAL DESCRIPTION SSOCIATES A.P. NO.111-12"7 CrvM INGINURS - PLANI+M - LA" suRvEYOi<s 0879-273-8 10/20/92 10012 COWAN. SUITE 210 . IRYINE. CA 9V14 wo. No. Date 714/660-0110 FAX U64411 � En r. PER Cht..`_. shoal -.L 01 EXHIBIT 'B' K] .• 0 57 ti h 17 STREET EAS&tV PER O.R. 11454/214 WEST UC OF SW 114 OF SEC 35 16 15 GARFIELD AVENUE T. i 1 11 10 9 6 7 1 I BL OCK D SGALC: 1'�100' - i VwsSOCIAT DEN & EXHIBIT B SKETCH TO ACCOMPANY A LEGAL DESCWTION 13012 COWAN, S= 210. 18VM CA M14 W.O. No 0879-273-8 Dote 10/20/42 (714) "0-0110 PAL "0-0418 Fnew D.G. Chic PR. Sheet 2 0} Z ESQ MIT "A" • LEGAL DESCRIPTION A.P. NO. 111-120-06 BEING THAT PORTION OF LOT 16 IN BLOCK F OF GARFIELD STREET ADDITION TO HUNTINGTON BEACH, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THE MAP RECORDED IN BOOK 7, PAGES 27 AND 28 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER'OF SAID COUNTY, LYING WESTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT 480.00 FEET NORTHERLY ALONG THE WEST LINE OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 5 SOUTH, RANGE 11 WEST, SAN BERNARDINO BASE AND MERIDIAN, AS MEASURED FROM THE SOUTHWEST CORNER OF SAID SECTION 35 AS SHOWN ON SAID MAP AND 60.00 FEET EASTERLY, ------MEASURED AT RIGHT ANGLES FROM SAID WEST -LINE; THENCE -NORTHERLY tO A POINT 780.00 FEET NORTHERLY ALONG SAID WEST LINE AS MEASURED FROM SAID SOUTHWEST CORNER AND 57.00 FEET EASTERLY MEASURED AT RIGHT ANGLES, FROM SAID WEST LINE. r EXCEPTING THEREFROM THAT PORTION INCLUDED WITHIN THAT CERTAIN EASEMENT FOR STREET PURPOSES TO THE CITY OF HUNTINGTON BEACH, RECORDED JULY 10, 1975 IN BOOK 11454, PAGE 214 OF OFFICIAL RECORDS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, WAY AND EASEMENTS, IF ANY, OF RECORD. N'WAILDEN & SSOCIATES CML ENOTNEERS — KANNERS — LAND SURVEYORS 11012 COWAN. SUITE 210 * IRVINE. CA 92714 711/660-0110 FAX 6604411 LEGAL DESCRIPTION A.P. NO. 111-120-M wo. No. 0879-273-8 Date 10/20/92 Engr. PER Chic. —.—_ Shoot 1 of 2 • • 4 T S S 1 "ell GOLDElYWE5T TREET 780,o- BLOCK r �t 19 tA 14 m ao • GRANT OF CONSTRUCTION LICENSE THIS GRANT OF CONSTRUCTION LICENSE ("Agreement") is made and entered into as of this day of July, 1993, by and between RONALD X. BRINDLE and EMILY ANN BRINDLE (collectively, "Licensor") and SEACLIFF PARTNERS, a California general partnership (collectively, "Licensee"). R E C I T A L S: A., Licensor is the owner of that certain real property ("Licensor's Property") consisting of approximately acres located in the City of Huntington Beach, County of Orange, State of California, commonly referred to as 18851 Golden West Street. B. Licensor desires to grant and Licensee desires to acquire a temporary license whereby Licensee acquires the right to enter upon a portion of Licensor's Property for the purpose of a.iding_in_the widening -of —Golden -West Str-eet.-- - - - NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties hereby agree as follows: • 1. Grant of License. Licensor hereby grants to Licensee and its employees and contractors a temporary license ("License") upon all the terms and conditions set forth herein. The location of the License ("License Area") is described in Exhibit "A" attached hereto and depicted in Exhibit "B" attached hereto. The scope of the License is limited to the right to enter upon the License Area to conduct those activities directly related to and incidental to the construction of the widening of Golden West Street (hereinafter referred to as the "Improvements") including the use of construction equipment and materials. 2. Term of License. The term of the License ("License Term") shall commence upon the date hereof and end upon the completion of the widening of the portion of Golden West Street contiguous to Licensor's Property. 3. Clearing of License Area Upon thirty (30) days prior written notice from Licensee, Licensor shall remove Licensor's personal property from the License Area. • 4. Restoration of License Area. Within thirty (30) days after completion of -the Improvements, Licensee shall restore the License Area to -the condition that existed immediately prior to Licensee's entry upon the License Area. The obligations of F:\REAL\873\15115001\ORINCON.LIC G- 1 rev 06/08/93 1 Licensee under this Section 3 shall survive the termination of • the License. 5. Indemnity. Licensee hereby agrees to indemnify, defend and hold harmless Licensor and Licensor's Property from and against any and all liabilities, expenses, liens, claims and costs (including reasonable attorneys' fees and fees of expert witnesses) arising out of or in connection with the use of the License Area by Licensee or the activities of Licensee in constructing the Improvements or the failure by Licensee to perform any obligation imposed upon it herein. In connection with the construction of the Improvements, Licensee shall take all steps necessary to refrain from causing damage to Licensor's Property, and Licensee shall indemnify, defend and hold harmless the Indemnitees from and against any and all damages, liens, claims, costs, expenses or other liabilities arising out of or in any way relating thereto. This provision shall survive the termination of the License. 6. Insurance. Licensee shall, at Licensee's expense, maintain, for the duration of the License, -a general liability policy in an amount not less than One Million Dollars ($1,000,000.00) and a worker s compensation insurance policy in the maximum amount required by law, insuring Licensee, and naming Licensor as an additional insured, against any liability arising out of Licensee's use of the License Area and the construction of • the.Improvements. Licensee shall deliver to Licensor copies of the aforementioned insurance policies, or certificates evidencing the existence and amounts of such insurance, prior to the commencement of construction of the Improvements. • 7. Lien Free Completion. Licensee agrees to complete the Improvements lien free and in accordance with all applicable governmental regulations and requirements. Upon commencement of construction of the Improvements, Licensee shall diligently prosecute said construction to completion. 8. Notice of Commencement and Completion of Construction. Licensee shall notify Licensor in writing thirty (30) days prior to the commencement and thirty (30) days prior to the expected completion of construction of the Improvements. 9. Enforcement. The parties hereto and their successors and assigns may employ any lawful means whatsoever to enforce the provisions of this Agreement. 10. Attorneys' Fees. Should any litigation be commenced between the parties to this Agreement concerning the matters set forth in this Agreement or the rights and duties of any party in relation thereto, the prevailing party in such litigation shall be entitled to all costs and expenses of suit, including F:\REAL\873\15115001\BRINCON.LIC G - 2 rev 06/08/93 • reasonable attorneys' fees, in addition to such other relief as may be granted. 11. Successors and Assigns. This Agreement shall be binding upon, and shall inure to the benefit of the parties hereto and, their respective heirs, legal representatives, successors and assigns, including without limitation any subsequent owner(s) of Licensor's Property. Licensee shall have the right to assign the License to the City of Huntington Beach; provided, however, that Licensee shall remain liable for the performance of Licensee's obligations hereunder. 12. General Provisions. (a) Counterparts. This Agreement may be executed .in one or more counterparts, each of which shall be deemed an original, but which collectively shall constitute but one and the same instrument. (b) Governing Law. This Agreement shall be construed in accordance with, and governed by the laws of the State of California. — -- -- -- (c) Severability. In the event that any provision of this Agreement, or the application thereof to any person or under any circumstance, is determined to be invalid or unlawful, or unenforceable to any extent, then to such extent, such provision " shall be deemed severed from this Agreement. However, the application of such provision to any other persons or entities or under any other circumstance other than those as to which it is determined to be invalid, unlawful or unenforceable is valid, lawful and enforceable, and every remaining provision of this Agreement shall continue in full force and effect. (d) Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and there are no other oral or written agreements between the parties concerning the subject matter of this Agreement. f:\REAL\873\15115001\BRINCON.LIC G - 3 rev 06/08/93 (e) Exhibits. All exhibits to this Agreement are . incorporated herein by this reference as though fully set forth in the body hereof. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. RONALD I. BRINDLE EMILY ANN BRINDLE "Licensor" SEACLIFF PARTNERS, a California general partnership By: Its: • "Licensee" • F:\REAL\873\15115001\BRIMCON.LIC G - 4 rev 06/08/93 • • EXi•IIBIT *A* LEGAL DESCRIPTION A.P. NO. 110-220-04 BEING THAT PORTION OF THE SOUTH 130.00 FEET OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 5 SOUTH, RANGE 11 WEST, SAN BER.NARDINO BASE AND MERIDIAN, IN THE RANCHO LAS BOLSAS, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THE MAP RECORDED IN BOOK 51, PAGE 13 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, CONTAINED WITHIN A STRIP OF LAND 5.00 FEET IN WIDTH LYING EASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT 480.00 FEET NORTHERLY ALONG THE WEST LINE OF THE SOUTHWEST QUARTER OF SECTION 35, 'TOWNSHIP 5 SOUTH, RANGE 11 WEST, S,AN BERNARDINO BASE AND MERIDIAN, AS MEASURED_FROM_T-HE-SOUTHWEST-CORNER OF SAID SECTION 35 AS SHOWN ON SAID MAP AND 63.00 FEET WESTERLY, MEASURED AT RIGHT ANGLES FROM SAID WEST LINE; THENCE NORTHERLY TO A POINT 780.00 FEET NORTHERLY ALONG SAID WEST LINE AS MEASURED FROM SAID; SOUTHWEST CORNER AND 60.00 FEET WESTERLY MEASURED AT RIGHT ANGLES, FROM SAID WEST LINE; THENCE NORTHERLY ALONG A LINE PARALLEL WITH AND 60.00 FEET WESTERLY, MEASURED AT RIGHT ANGLES FROM SAID WEST LINE TO THE NORTH LINE OF SAID SOUTH 130.00 FEET OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 34. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT W ATTACHED HERETO AND MADE A PART HEREOF. SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTI9c,Eo `, , `✓ OF WAY AND EASEMENTS, IF ANY, OF RECORD.W`E w Aert\ ALDEN & ExHW "Aw LEGAL DESCRIPTION SSOCIATES A.P. NO. 110-220-04 Cr#M IDWIN RS - KAMM - LAXD JURVINORS 0879-273-8 10/20/92 18012 COWAK SUrIT 210 o IRVIN& CA VV14 W 0. We. Doti _Z 714/66"110 FAX U04418 [n r. Chk. Sh��t �. Of • 1 0 • 1-1 EXHIBIT 'B' I I ' 30' mvv4T FOR ROAD PW05ES PER 41/134 DEEDS 17 $ 1G WEST 11E Of SW 1/4 Of SRC 35 4 9<1 ct 1. 3 ,27 0 U 10 9 a 7 NI L if I., I �l GARFIfLD A VENUE i i i scl&z. 1'•300, ALDEN & EXHIBIT 8 SSOCIATES SKETCH TO ACCOMPANY A LEGAL OESCWTION 16012 COWAII, M= 2t10. MIM CA 92714 W.O. No p��q � DCte 10/2G/°2 (714) 660-0110 . PAL' 660-0416 E11 r.. OZ,_..Chk. f- Shee Z Of? • • u EXHIBIT "A" LEGAL DESCRIPTION A.P. NO. 110-220-02 BEING THE WEST 5.00. FEET OF THE EAST 60.00 FEET OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 5 SOUTH, RANGE 11 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE RANCHO LAS BOLSAS, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA,AS SHOWN ON THE MAP RECORDED IN BOOK 51, PAGE 13 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. ALL AS MORE PARTICULARLY SHOWN' ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF.__ SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHT OF WAY AND EASEMENTS, 1F ANY, OF RECORD. r Of EXHIBITkDEN & A LEGAL DESCRIPTION SOCIATES A.P. NO.110-220-02 CM MMM - nA"M — uxo SURMORS = 0879-273-8 10/20/92 13012 COWAX SUITE 210 . IRv1NT, CA m14 wo. No. Date 71410 110 PAX wit to r. PER chk.or EXHIBIT 'B" 7 � 60 5 57 � � V �� T 1 Sit 54 S3 52 51 150 { 49 20 SCALE: 1'-100' • h•- 3 w C � ERNE T 5 AVENUE 30' EASf?t?if MR ROAD PAVWS PER ft-su Dms �.• 3 � 5 112, NE 114, SE 1/4, SE 114, SECTION 34 °4 n x,{ ALDEN & SSOCI EXt�f61T 8 SKETCH TO ACCOMPANY A LEGAL DESCRIPTION 1e012 c"", mm 210, isRM Ca W14 aa (714) e-olio ?AM "a-oaie W.O. No.1 d7q= j& Date 10120102 En rr—Chk�_ SheeLL-JfW Z 1 EXHIBIT "A" LEGAL DESCRIPTION • A.P. NO. 110-220-03 . BEING THE WEST 5.00 FEET OF THE EAST 60.00 FEET OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 5 SOUTH, RANGE I WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE RANCHO LAS BOLSAS, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THE MAP RECORDED IN BOOK 51, PAGE 13 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING THEREFROM THE SOUTH 130 FEET THEREOF. U PARTICULARLY SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHT OF WAY AND EASEMENTS, IF ANY, OF RECORD. W LDEN & SSOCIATES CM EMINUU — /LAN M — LAND SURMOM 13012 COWAN, SUITE 210 • LRVI?M CA mla 714/66"110 FAX: 66tl`Oi11 LEGAL DESCRIPTION A.P. NO. 110-220-02 yr o. 0879-27M inM. PER .— Chk.._._._ Date 10/20/92 sho.t� of ; ExHidl r 0 6a 30 - sq 30 ol 37 � s ss �A_, �1 54 53 ^� T 32 1� 51 .70 49 LLJ 0 i ERNEST AVENUE 30' PASOV0 MR ROAD �• PlMSCS M WL14 =S I � s 5 112, NE 1/4, ; SE 114, °p SE 114, SECTION 34 I7 tom. � N I VWLDEN & EXHW 8 SKETCH TO ACCOMPANY SSOCIATES - A LEGAL DESCRIPTION t9012 CMAN. sum aso, mn%z. CA 0014 W.O. No Qd7q-273-A Oats 10/20/42 (�t4) eeo-otto rAr: eao-o+ie r" 04. Chk,�'b.__ sheet-2 —of-! 0 • r • c EXHIBIT "H" THOMAS CONSTRUCTION LICENSE F:\REAL\873\15115001\SETTLEMT.AGT rev 01/20/93 • GRANT OF CONSTRUCTION LICENSE THIS GRANT OF CONSTRUCTION LICENSE ("Agreement") is made and entered into as of this day of July, 1993, by and between JOHN A. THOMAS and LINDA THOMAS .(collectively, "Licensor") and SEACLIFF PARTNERS, a California general partnership (collectively, "Licensee"). R E C I T A L S: A Licensor is the owner of that certain real property ("Licensor's Property") consisting of approximately acres located in the City of Huntington Beach, County of Orange, State of California, commonly referred to as 18851 Stewart Street. B. Licensor desires to grant and Licensee desires to acquire a temporary license whereby Licensee acquires the right to enter upon a portion of Licensor's Property for the purpose of ing—in the wit S idenng—o-f—Golden—Westreet—and--Garfield— Avenue. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties hereby agree as follows: • 1. Grant of License. Licensor hereby grants to Licensee and its employees and contractors a temporary license ("License") upon all the terms and conditions set forth herein. The location of the License ("License Area") is described in'Exhibit "A" attached hereto and depicted in Exhibit "B" attached hereto. The scope of the License is limited to the right to enter upon the License Area to conduct those activities directly related to and incidental to the construction of the widening of Golden West Street and Garfield Avenue (hereinafter referred to as the "Improvements") including the use of construction equipment and materials. 2. Term of License. The term of the License ("License Term") shall commence upon the date hereof and end upon the completion of the widening of the portion of Golden West Street and Garfield Avenue contiguous to Licensor's Property. 3. Clearing of License Area., Upon thirty (30) days prior written notice from Licensee, Licensor shall remove Licensor's personal property from the License Area. 4. Restoration of License Area. Within thirty (30) days after completion of the Improvements, Licensee shall restore the License Area to the condition that existed immediately prior to Licensee's entry upon the License Area. The obligations of f:\REAL\8i3\15115001\TDVXW .LIC H " 1 rev 06/08/93 • Licensee under this Section 3 shall survive the termination of the License. 5. Indemnity. Licensee hereby agrees to indemnify, defend and hold harmless Licensor and Licensor's Property from and against any and all liabilities, expenses, liens, claims and costs (including reasonable attorneys' fees and fees of expert witnesses) arising out of or in connection with the use of the License Area by Licensee or the activities of Licensee in constructing the Improvements or the failure'by Licensee to perform any obligation imposed upon it herein. In connection with the construction of the Improvements, Licensee shall take all steps necessary to refrain from causing damage to Licensor's Property, and Licensee shall indemnify, defend and hold harmless the Indemnitees from and against any and all damages, liens, claims, costs, expenses or other liabilities arising out of or in any way relating thereto. This provision shall survive the termination of the License. 6. Insurance. Licensee shall, at Licensee's expense, maintain, for the duration of the License, a general liability -----------policy—in—an—amount—not—les-s than -One Million Dollars ($1,000,000.00) and a worker's compensation insurance policy in the maximum amount required by law, insuring Licensee, and naming Licensor as an additional insured, against any liability arising • out of Licensee's use of the License Area and the construction of the Improvements. Licensee shall deliver to Licensor copies of the aforementioned insurance policies, or certificates evidencing the existence and amounts of such insurance, prior to the commencement of construction of the Improvements. 7. Lien Free Completion. Licensee agrees to'complete the Improvements lien free and'in accordance with all applicable governmental regulations and requirements. Upon commencement of construction of the Improvements, Licensee shall diligently prosecute said construction to completion. 8. Notice of Commencement and Completion of Construction. Licensee shall notify Licensor in writing thirty (30) days prior to the commencement and thirty (30) days prior to the expected completion of construction of the Improvements. 9. Enforcement. The parties hereto and their successors and assigns may employ any lawful means whatsoever to enforce the provisions of this Agreement. 10. Attorneys' Fees. Should any litigation be commenced between the parties to this Agreement concerning the matters set. forth in this Agreement or the rights and duties of any party in relation thereto, the prevailing party in such litigation shall • be entitled to all costs and expenses of suit, including F:\REAL\873\15115001\TOMCDM.LIC H-2 rev 06/08/93 • reasonable attorneys' fees, in addition. to such other relief as may be granted. 11. Successors and Assigns. This Agreement shall be binding upon, and shall inure to the benefit of the parties hereto and their respective heirs, legal representatives, successors and assigns, including without limitation any subsequent owner(s) of Licensor's Property and Licensee's Property. Licensee shall have the right to assign the License to the City of Huntington Beach; provided, however, that Licensee shall remain liable for the performance of Licensee's obligations hereunder. 12. General Provisions. (a). Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but which collectively shall constitute but one and the same instrument. (b) Governing Law. This Agreement shall be construed - inaccordance with-,-and-governed-by the la-ws-o-€-the-St-at-e-of---J-------- California. • (c) Severability. In the event that any provision of this Agreement, or.the application thereof to any person or under _ any circumstance, is determined to be invalid or unlawful, or unenforceable to any extent, then to such extent,.such provision shall be deemed severed from this Agreement. However, the application of such provision to any other persons or entities or under any other circumstance other than those as to which it is determined to be invalid, unlawful or unenforceable is valid, lawful and enforceable, and every remaining provision of this Agreement shall continue in full force and effect. (d) Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and there are no other oral or written agreements between the parties concerning the subject matter of this Agreement. F:\REAL\873\15115001VONCON.L IC H-3 rev 06/08/93 (e) Exhibits. All exhibits to this Agreement are • incorporated herein by this reference as though -fully set forth in the body hereof. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. • JOHN A. THOMAS LINDA THOMAS. "Licensor" SEACLIFF PARTNERS, a California general partnership By: Its• H-4 "Licensee" F:\REAL\873\15115001\TOMCON.LIC rev 06/08/93 • EXHIBIT "A" LEGAL DESCRIPTION OF LICENSE AREA .(Golden West Street) Being the East 5.00 feet of the West 35.00 feet of Lots 13, 14 and 27 in Block F of Garfield Street addition to Huntington Beach, in the City of Huntington Beach, County of Orange, State of California, as shown on the Map. recorded in Book 7, Pages 27 and 28 of Miscellaneous, Maps, in the Office of the County Recorder of said County. And that portion of Lots 15 and 16.in Block F of said Garfield Street addition to Huntington Beach, more particularly described as a strip of land 5.00 feet in width, the West line of said strip being described as follows: BEGINNING at the point of intersection of the South line of said Lot 15 and a line parallel with and 60.00 __—.f_eet-Easter-l-y-,-measu-r-ed-at-r-fight a-ngles from -the -West--- - --- line of the Southwest quarter of Section 35, Township 5 South, Range 11 West, San Bernardino Base and Meridian as shown on said Map; thence Northerly along said parallel line to a point 480.00 feet Northerly along. the West line of said Southwest quarter as measured from the Southwest corner of said Section 35 and 60.00 feet Easterly, measured at ,right angles from said West line; thence Northerly to a point 780.00 feet northerly along said West line as measured from said Southwest corner and 57.00 feet Easterly measured at right angles from said West line. All as more particularly shown on Exhibit "B" attached hereto and made a part hereof. Subject to covenants, conditions, reservations, restrictions, right of way and easement, if any, of record. f:\REAL\873\15115001\T0MC0N.LIC H - 5 rev 06/08/93 • EXHIBIT "A" LEGAL DESCRIPTION OF LICENSE AREA (Garfield Street) Being the North 5.00 feet of the South 37.00 feet of Lots 1 through 10, inclusive, in Block F-of Garfield Street addition to Huntington Beach, in the City of Huntington Beach, County of . Orange, State of California as shown on the Map recorded in Book 7, Pages 27 and 28 of Miscellaneous Maps, in the Office of the County Recorder of said County. Excepting therefrom that portion of said Lot 1 lying Southeasterly of a curve concave Northwesterly having a radius of 32.00 feet, being tangent on the East to a line parallel with and 30.00 feet westerly measured a right angles to the centerline of Stewart Street (Smeltzer Avenue as shown on said Map) and being tangent on the South to a line parallel with and 60.00 feet Northerly measured at right angles from the South line of the -_Southwest-qua-r-te-r--o-f—Section 3-5; Township-5 South, —Range it west, San Bernardino Base and Meridian. All as more particularly shown on Exhibit "B" attached • hereto and made a part hereof. Subject to covenants, conditions, reservations, restriction, rights of way and easement, if any, of record. is F:\REAL\873\15115001VONCON.LIC H - 6 rev 06/08/93 • EXHIBIT "B" MAP OF.LICENSE AREA (Garfield Street) • F:\REAL\873\15115001\TCMCON,LIC H-7 rev 06/08/93 EXHIBIT 'B' SCALC: Y-10O' 6 6 7 2 6 7 28' U 8 8 � Li U U q 32' q O 10 10 11 JI 12 12 J � STEWARt STREET Q - --- 1 I ------ ----- ------------------- ����0� 2 5, 2 4 4 5 �, 5 Cl 6 P8' 6 -- — —— 32' U 7 32' Lw 8 7 m Z �ci -N . 8 37' j 8 Q 10 5' Q 10 U 5 xrm LNE SW 1/4, C. 35, T55, R1JW, Wit .3347 12 12 0 / � � r GOLDENWE5T STREET OF DENEXHIBIT B V*S LSOC & SKETCH TO ACCOMPANY oCIATEs A LEGAL DESCRIPTION 18012 COWAN, SUITE 210, IRVINE. CA " 9Z714 W.O. No. 0679-2734X1 pa{e 03/08/� (714) 880-0110 FAX: 680-0415 En r. D•C. Chk.- FR__ Sheet? Of j EXHIBIT "B" • MAP OF LICENSE AREA (Golden West Street) • F:\REAL\8T3\15115001\TCMCOM.LIC H-9 rev 06/08/93 EXHIBIT 'B' • • 0 57 X 17 1 5TREET CA5DW PER O.R. 11454/214 5• GARFIELD AVENUE to gyp, Sp,�` 1 �(• l u 10 1 9 a 7 •7��f 0i BLOCK D SCALE: 1'-s100' ALD EN & EXHIBIT A ff SSOCIATES SKETCH TO ACCOMPANY �� L GAL DE-';CP1PT1_0+N' rep —A Irm18012 COWAN. SUITS 210. 1RV1NE• CA 92714 W.O. No. - C{�� (714) 660-0110 FAX: 680-0415 J=ngr. pL. Chk. PA. Sheet 2 Ot_ H-10 r U • EXHIBIT "I" STORM DRAIN EASEMENT • F:\REAL\873\15115001\SETTLEMT.AGT rev 07/20/93 RECORDING REQUESTED BY AND • WHEN RECORDED RETURN TO: Seacliff Partners c/o Pacific Coast Homes 2124 Main Street Suite 200 Huntington Beach, California 92648 GRANT OF EASEMENT THIS GRANT OF EASEMENT ("Agreement") is made'and entered into as of the day of July, 1993 by and between RONALD I. BRINDLE,_ EMILY ANN BRINDLE, JOHN A. THOMAS and LINDA T_HOMAS (collectively, "Grantor") and SEACLIFF PARTNERS, a California general partnership ("Grantee"). R E C I T A L S • A. Grantor is the owner of that certain real property located in the City of Huntington Beach ("City"), County of Orange, State of California described as Lots A, 1, 26, 27 and 52 of Tract No. 306, as per map recorded in Book 14, Page 28 of Miscellaneous Maps, Records of Orange County, California, and Grantor is the lessee under an oil and gas lease covering Lot 53 of said Tract No. 306, together with the other lots comprising Tract No. 306. Lots A, 1, 26, 27, 52 and 53 of said Tract No. 306 are collectively referred to herein as "Grantor's Property." B. Grantor desires to convey and Grantee desires to acquire a subsurface storm drain easement under Grantor's Property. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties hereby agree as follows: 1. Grant of Easement. Grantor hereby grants to Grantee and its successors and assigns a nonexclusive easement ("Easement") under Lots A, 1, 26, 27 and 52 upon all the terms and conditions set forth herein and waives its subsurface drilling rights with respect to Lot 53, but reserving to Grantor the right to use the surface of Grantor's Property for any • F:\REAL\873\15115001\STR14REV.ESH I — 1 rev 06/08/93 purpose which does not interfere with Grantee's use of Grantor's • Property for the purposes set forth in this Agreement. 2. Character of Easement. The Easement granted herein is an easement in gross. 3. Scope of Easement. The scope of the Easement granted `herein shall be a twenty-five (25) foot wide subsurface storm drain easement, including the right to construct and maintain a subsurface storm drain ("Easement Improvements"). All costs of constructing the Easement Improvements shall be borne by Grantee subject to any reimbursement rights Grantee may be entitled pursuant to any assessment district formed by the City. Grantor shall have no obligation to bear any such costs. The Easement Improvements shall be constructed in accordance with plans approved by and standards established by the City. 4. Obligation to Maintain. After construction of the Easement Improvements, Grantee and its successors and assigns shall, at their sole cost, maintain and repair the Easement Improvements. 5. Recordation. The parties hereto shall cause this Agreement to be recorded in the Official Records of Orange County, California. • 6. Enforcement.. The parties hereto and their successors and assigns may employ any lawful means whatsoever to enforce the provisions of this Agreement. 7. Attorneys' Fees. Should any litigation be commenced between the parties to this Agreement concerning the matters set forth in this Agreement or the rights and duties of any party in relation thereto, the prevailing party in such litigation shall be entitled to all costs and expenses of suit, including reasonable attorneys' fees, in addition to such other relief as may be granted. S. Successors and Assigns. This Agreement shall be binding upon, and shall inure to the benefit of the parties hereto and their respective heirs, legal representatives, successors and assigns. 9. General Provisions. (a) Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but which collectively shall constitute but one and the same instrument. • F:\REAL\873\15115001\STRNREV.ESM 1-2 rev 06/08/93 (b) Governing Law. This Agreement shall be construed isin accordance with and governed by the laws of the State of California. (c) Seyerability. In the event that any provision of this Agreement, or the application thereof to any person or -under any circumstance, is determined to be invalid or unlawful, or unenforceable to any extent, then to such extent, such provision shall be deemed severed from this Agreement. However, the application of such provision to any, other persons or entities or under any other circumstance other than those as to which it is = determined to be invalid, unlawful or unenforceable, and every remaining provision of this Agreement shall continue in full force and effect. (d) Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and there are no other oral or written agreements between the parties concerning the subject matter of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as -of the date first above--written:--^------�-------------- • RONALD I. BRINDLE• r EMILY ANN BRINDLE JOHN A. THOMAS LINDA THOMAS. "Grantor" SEACLIFF PARTNERS, a California general partnership By: Its General Partner "Grantee" F:\REAL\873\15115001\STRMEV.ESM I-3 _ rev 06/08/93 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT • STATE OF CALIFORNIA ) ss: COUNTY OF ) • On this day of 1993, before me, the undersigned notary public, personally appeared RONALD IRVING BRINDLE and EMILY ANN BRINDLE, ❑ personally known to me -OR- ❑ proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL SECTION ® OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Though statute does not require the Notai to fill in the data below, doing so ru prove invaluable to persons relying on tl document. © INDIVIDUAL ❑ CORPORATE OFFICER(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSONS) OR ENTITY(IES) THIS CERTIFICATE MUST BE ATTACHED TO THE TITLE OR TYPE OF DOCUMENT Grant of Easement DOCUMENT DESCRIBED AT RIGHT: Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. NUMBER OF PAGES DATE OF DOCUMENT July 1993 SIGNERS) OTHER THAN NAMED ABOVE • F:\REAL\873\15115001\STRMREV.ESM I-4 rev 06/08/93 I CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT •STATE OF CALIFORNIA ) ).ss: COUNTY OF ) On this day of 1993, before me, the undersigned notary public, personally appeared JOHN A. THOMAS and LINDA THOMAS, ❑ personally known to me -OR- ❑ proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. SIGNATURE OF NOTARY • OPTIONAL SECTION THIS CERTIFICATE MUST -BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. • � OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Though statute does not require the rotary to fill in the data below, doing so nay prove invaluable to persons relying on the document. © INDIVIDUAL ❑ CORPORATE OFFICERS) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY —IN —FACT TRUSTEES) GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) TITLE OR TYPE OF DOCUMENT Grant of Easement NUMBER OF PAGES DATE OF DOCUMENT July 1993 SIGNERS) OTHER THAN NAMED ABOVE F:\REAL\873\15115001\STRMREV.ESH 1-5 rev 06/08/93 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA ) ss: COUNTY OF ) On this day of , 1993, before me, the undersigned notary public, personally appeared , ❑ personally known to me -OR ❑ proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument, and acknowledged.to me that he/she executed the same in his/her authorized capacity, and that by his/her 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. SIGNATURE OF NOTARY • OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Though the data requested here is not required by taw, it could prevent fraudulent reattachment of this form. • ® OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Though statute does not require the Notar, to fill in the data below, doing soma, prove invaluable to persons relying on th, document. ❑ INDIVIDUAL ❑ CORPORATE OFFICERJS) PARTNER(S) ❑ LIMITED © GENERAL ❑ ATTORNEY -IN -FACT ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSONS) OR ENTITY(IES) Seacliff Partners TITLE OR TYPE OF DOCUMENT Grant of Easement I NUMBER OF PAGES DATE OF DOCUMENT July 1993 SIGNERS) OTHER THAN NAMED ABOVE F:\REAL\873\15115001\STRMREV.ESM 1-6 _' rev 06/08/93 EXHIBIT "J-1" QUITCLAIM DEED NO. 1 U • f:\REAL\873\15115001\SETTLEMT.AGT rev 07/20/93 Order No. Escrow No. Loan No. • WHEN RECORDED MAIL TO: U Ronald I. Brindle c/o American Landscape Supply 18851 Golden West Street Huntington Beach, California 92648 I SPACE ABOVE THIS LINE FOR RECORDER'S USE QUITCLAIM DEED URBAN WEST COMMUNITIES, a California corporation, CHEVRON LAND & DEVELOPMENT CO., a California corporation, HUNTINGTON BEACH COMPANY, a California corporation, HUNTINGTON SEACLIFF CORPORATION, a California corporation, and PACIFIC COAST HOMES, a California corporation (collectively, "Grantor") do hereby kENIISE—RELEASE AND -FOREVER QUITCL-AIM--to ------------- SEACLIFF PARTNERS, formerly known as GARFIELD PARTNERS, a California general partnership ("Grantee") any and all right, title and interest of Grantor in all royalties presently due and hereafter due from the production of John A. Thomas and Linda Thomas and Ronald I. Brindle and Emily Ann Brindle under that certain lease, dated December 19, 1919, by and between James J. Conrad and Gussie Conrad et al., as lessors, and Union Oil Company, as lessee, recorded January 13, 1920 in Book 12, Page 132 of Leases covering the real property in the City of Huntington Beach, County of Orange, State of California described on Exhibit 1 attached hereto and depicted on Exhibit 2 attached hereto and by this reference made a part hereof. URBAN WEST COMMUNITIES, a California corporation By: Its: HUNTINGTON BEACH COMPANY, a California corporation By: " Its: •PACIFIC COAST HOMES, a California corporation By: Its: CHEVRON LAND & DEVELOPMENT CO., a California corporation By. Its: HUNTINGTON SEACLIFF CORPORATION, a.California corporation By Its: F:\REAL\8T3\15115001\GUITCLAM.SP 06/08/93 J-1-1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA ) SS: *COUNTY OF ) • On this day of , 1993, before me, the undersigned notary public, personally appeared ❑ personally known to me -OR- ❑ proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument, and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her 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. SIGNATURE OF NOTARY ® OPTIONAL SECTION ® CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so ma) prove invaluable.to persons relying on the document. ❑ INDIVIDUAL ® CORPORATE OFFICERS) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) Urban West Communities. a California corporation OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO THE TITLE OR TYPE OF DOCUMENT Ouitclaim Deed DOCUMENT DESCRIBED AT RIGHT: Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. NUMBER OF PAGES DATE OF DOCUMENT SIGNERS) OTHER THAN NAMED ABOVE F:\REAL\873\15115001\QUITCLAM.SP 06/os/� J-1-2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA ) ss: • COUNTY OF ) • • On this day of , 1993, before me, the undersigned notary public, personally appeared , ❑ personally known to me -OR- ❑ proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument, and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her 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. SIGNATURE OF NOTARY OPTIONAL SECTION OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER. Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. ❑ INDIVIDUAL CORPORATE OFFICERS) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ATTORNEY -IN -FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAVE OF PERSON(S) OR ENTITY(IES) Chevron Land & Develc;went Co., a California corporation THIS CERTIFICATE MUST BE ATTACHED TO THE TITLE OR TYPE OF DOCUMENT Ouitclaim Deed DOCUMENT DESCRIBED AT RIGHT: NUMBER OF PAGES Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. DATE OF DOCUMENT SIGNERS) OTHER THAN NAMED ABOVE F:\REAL\873\15115001\Ol1ITCLAN.SP 06/08/93 J-1-3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA ) ss: *OUNTY' OF ) On this day of , 1993, before me, the undersigned notary public, personally appeared , ❑ personally known to me -OR- ❑ proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument, and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her 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. • • SIGNATURE OF NOTARY OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. ® OPTIONAL SECTION O CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fitt in the data below, doing so may prove invaluabte to persons relying on the document. ❑ INDIVIDUAL ® CORPORATE OFFICERS) ❑ TITLE (S) PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY —IN —FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) Huntington Beach Comoanj�, a California cort ration TITLE OR TYPE OF DOCUMENT Quitclaim Deed NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE F:\REAL\873\15115001\a1ITCLAM.SP 06/08/93 J-1-4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA ) ss: • COUNTY OF ) • On this day of , 1993, before me; the undersigned notary public, personally appeared , ❑ personally known to me -OR- ❑ proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument, and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her 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. SIGNATURE OF NOTARY OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. ® OPTIONAL SECTION CAPACITY CLAIMED BY SIGMM Though statute does not require the Mote to fill in the data below, doing so a prove invaluable to persons relying on t document. ❑ INDIVIDUAL ® CORPORATE OFFICER(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITW ES) Huntington Seatlif Corporation, a Californi corporation TITLE OR TYPE OF DOCUMENT Ouitclaim Deed NUMBER OF PAGES DATE OF DOCUMENT SIGNERS) OTHER THAN NAMED ABOVE F:\REAL\873\15115001\OUITCLAM.SP 06/08/93 J•1-5 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA ) ss: • COUNTY OF ) • On this day of , 1993, before me, the undersigned notary public, personally appeared , ❑ personally known to me -OR- ❑ proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument, and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her 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. SIGNATURE OF NOTARY OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO THE - DOCUMENT DESCRIBED AT RIGHT: Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. ® OPTIONAL SEdvtbN;. = CAPACITY CLAIMED BY $-XGNiR :.. Though statute does not require'the•Mota, to fill in the data below;' doing so 'a prove invaluable to persons relying on tl document. ❑ INDIVIDUAL © CORPORATE OFFICERS) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY —IN —FACT ❑ TRUSTEE(S) ❑. GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSONS) OR ENTITY(IES) Pacific Coast Homes. California corporation TITLE OR TYPE OF DOCUMENT Quitclaim Deed NUMBER OF PAGES, DATE OF DOCUMENT SIGNERS) OTHER THAN NAMED ABOVE F:\REAL\873\15115001\Ol1ITCLAM.SP 06/08/93 J-1-6 • • U EXHIBIT "J-2" COPELAND LEASE ROYALTIES ASSIGNMENT F:\REAL\873\15115001\SETTLEMT.AGT rev 07/20/93 . RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO:. Palmieri, Tyler, Wiener, Wilhelm & Waldron (CMW) 2603 Main Street Suite 1300 Irvine, California 92714 ASSIGNMENT OF ROYALTIES 1. Assignment. For value received, SEACLIFF PARTNERS, formerly known as Garfield Partners, a California general partnership ("Assignor"), does hereby assign, transfer and convey --- to_JOHN_A._ THOMAS, LINDA THOMAS, RONALD I. BRINDLE and EMILY AN14 BRINDLE - (collectively, "Assignee") all of—Assignor'-s-right, title, and interest in and to all royalties presently due and hereafter due to Assignor in connection with the production from those certain oil and gas wells commonly known as Copeland 4, 8, • 9, 10, 11, 23 and 24 under the terms of. that certain oil and gas n lease (the "Lease") commonly known as the Copeland Lease, dated December 19, 1919, by and between James J. Conrad and Gussie Conrad et al., as lessors, and Union Oil Company, as lessee, recorded January 13, 1920 in Book 12, Page 312 of Leases covering the real property in the City of Huntington Beach, County of Orange, State of California, described on Exhibit 1 attached hereto and depicted on Exhibit 2 attached hereto (the "Property"), and all royalties hereafter due to Assignor under the terms of the Lease with respect to oil and gas production from new wells drilled and operated by Assignee. 2. Release. By Assignor's execution of this Assignment, Assignor hereby forever releases Assignee from any and all claims for royalties of any kind, including past royalties, alleged by Assignor to be owed by Assignee to Assignor pursuant to the Lease. 3. Assignor's Warranties. Assignor warrants and represents to Assignee that: (a) the rights and interests conveyed to As by this instrument are free and clear of all liens, charges, and encumbrances created by Assignor, and Assignor has not made any other assignments of said rights and interests; and F:\REAL\873\15115001\ROYALTY.ASG J-2-1 rev 06/08/93 • (b) Assignor has the right to make the transfer and conveyance effectuated by this instrument. 4. No Drilling Rights. By this Assignment, Assignor, assigns to Assignee the right to receive the royalties due Assignor from oil and gas production of Assignee under the terms of the 'Lease, and this Assignment is not intended to give Assignee any right to drill or any other property interest in or on property owned or leased by Assignor, Pacific Coast Homes, Seacliff Partners or Huntington Beach Company. S. Effective Date. This Assignment shall be deemed effective upon the date this document is recorded in the Official Records of Orange County, California. IN WITNESS WHEREOF, the undersigned has executed this Assignment of Royalties on , 1993. SEACLIFF PARTNERS., (formerly known as GARFIELD PARTNERS), -a California general partnershi By: PACIFIC COAST HOMES, a California corporation By: Its: By: Its: • F:\REAL\873\15115001\ROYALTY.ASG J-2-2 rev 06/08/93 0 EXHIBIT 1 LEGAL DESCRIPTION The North half of the Southeast quarter of the Southeast quarter of Section 34, Township S South, Range 11 West in the Rancho Las Bolsas, as shown on a map recorded in Book 51, Page 13 of Miscellaneous Maps in the office of the Orange County Recorder. The North half of the Northwest quarter of the Southwest quarter of the Southeast quarter of Section 34, Township S South, Range 11 West in the Rancho Las Bolsas, as shown on a map recorded in Book 51, Page 13 of Miscellaneous Maps in the office of the Orange County Recorder. The South half of the Northwest quarter of the Northwest quarter of the Southwest quarter of `---Sedion 3S, Tow_nship_S_South,-Range-11 West-in-the-Rancho-Lan-Bohan,—aa-shown-on-a-map— --- - - - -- --�— recorded in Book 51, Page 13 of Miscellaneous Maps in the oT= of the Orange County Recorder. and The South half of the Northwest quarter of the Southwest quarter of Section 35, Township 5. South, Range 11 West in the Rancho Las Bolsas, as shown on a map recorded in Book 51, Page 13 of Miscellaneous Maps in the oerm of the Orange County Recorder. Excluding the southerly 399.47 feet of the easterly 200 feet of said South half. and The East half of the Southwest quarter of the Northeast quarter of the Southeast quarter of Section 34, Township 5 South, Range 11 West in the Rancho Las Bolsas, as shown on a map recorded in Book 51, Page 13 of Miscellaneous Maps in the Office of the Orange County Recorder. 0 • • Iva 4 {o • . _ _ �✓tif Awe.• 01 It ., !(.alw » ; a , Z ,..,r,w.wo,;..r I st•..f•v-�.wr, I •rrrti. ••, it Mr•' • Vr�. •n�arl.+�siii-- � ... _ _ .. t I .fat - I N•.M+ MIf• i r Iwo" L. • a.., �� � a i � f -. ♦ t .ice •1 -� i�•ylr..Nr�f♦y 1•. •` mot• • �• � � /i.deptndenl L fp/ C u ♦ _ � s • to l __._.___� • at s HLEICHSR AVIE ,• w a.. • rfn.•ay1.. M r fr•al/ f. Rum so ]AP or � a SSA0 IsC. "` t ,wrr, ,,.•. tfcherron Cho aiOf• p, • l.Av.oa •.• Q•Mww,') �Abr•/113/b�► %� ' IN 1 �►-�.•-••% � ....• • :. _ . � . . war now , Nam, lot W j „ : i l: •�I ••.7 �� ,•.j.:. ..fir ..••y r ••I.1yf•r tlrltfra•rMr a•- • (.« ti -1.M M.Ar lose JOB 448WF..00 Aft, • • as u. aM •ise v11 ♦ •.... p a•a• . • • �.ar..r..f/rrr� - i..•A.wrs • •�4.a*' ar �. •H• ,Mr •� � Ur • � 'aw' ^,.1. I«rrI •.s. � ��..w— Sao all 'A• EXHIBIT 1 LEGAL DESCRIPTION The North half of the Southeast quarter of the Southeast quarter of Section 34, Township 5 South, Range 11 West in the Rancho Las Bolsas, as shown on a map recorded in Book 51, Page 13 of Miscellaneous Maps in the office of the Orange County Recorder. and The North half of the Northwest quarter of the Southwest quarter of the Southeast quarter of Section 34, Township S South, Range 11 West in the Rancho Las Bolsas, as shown on a map recorded in Book 51, Page 13 of Miscellaneous Maps in the office of the Orange County Recorder. M. The South half of the Northwest quarter—of_the_N_orthwest_gwvter_of_tbe_Southwest_quarter_ot___ Section 35, Township S South, Range 11 West in the Rancho Las Bolsas, as shown on a mW recorded in Book 51, Page 13 of Miscellaneous Maps in the office of the Orange County Recorder. and The South half of the Northwest quarter of the Southwest quarter of Section 33, Township S South, Range 11 West in the Rancho Las Bolsas, as shown on a map recorded in Book 51, Page 13 of Miscellaneous Maps in the office of the Orange County Recorder. Excluding the southerly 399.47 feet of the castedy 200 feet of said South half. and The East half of the Southwest quarter of the Northeast quarter of the Southeast quarter of Section 34, Township 5 South, Range 11 West in the Rancho Las Bolsas, as shown on a map recorded in Book 51, Page 13 of Miscellaneous Maps in the Office of the Orange County Recorder. • 1 avca 1 0 /y,.Ir O V • . �1 A �!! a�•.i/I M Amp" •H .. �rM� �` •. r x IMANIMINOP r� 1 •�f 4011 pow Aw _ ....: • y SCHL[OCH[A AVE 4lY.1l. 4+41•I �• _ i• • s. +ip + , . ♦ ( Cot) Is 40 40 r �I + •�, ON •. • �"f 434 �, ; I S „•; q 1 Chevron CAIvrOr! �" 1 • • y K � � >M It MIS •p w. • • b X •�~ • •.•• Oy. •, �•. U. • •1.�. JI..-/ «wry • aY tat � Il,. [.y Nl1..•.y4.JWl1 t.wrr' ••�j-3.�/ �l 51-0 roM I N i'—i M x H U7 H 0 H W N K (7 0 'cf E�7 Z 0 r rn b (n t�7 0 • Order No. Escrow No. Loan No. WHEN RECORDED MAIL TO: Ronald I. Brindle c/o American Landscape Supply 18851 Golden West Street Huntington Beach, California 92648 SPACE ABOVE THIS LINE FOR RECORDER'S USE QUITCLAIM DEED URBAN WEST COMMUNITIES, a California corporation, CHEVRON LAND & DEVELOPMENT CO., a California corporation, HUNTINGTON BEACH COMPANY, a California corporation, HUNTINGTON' SEACLIFF CORPORATION, a California corporation, and PACIFIC COAST HOMES, a California corporation (collectively, "Grantor") do hereby REMISE, RELEASE AND FOREVER QUITCLAIM to SEACLIFF PARTNERS, formerly known as GARFIELD PARTNERS, a California general partnership ("Grantee") all of Grantor's right to drill and operate a slant well into or through the real property in the City of Huntington Beach,County of Orange, State of California, described as the North half of the. Northwest quarter of. the. Southwest quarter of the Southeast quarter of Section 34, Township 5 South, Range 11 West, in the Rancho Las Bolsas as shown on a map recorded in Book 51, Page 13 of Miscellaneous Maps in the Office of the Orange County Recorder and depicted on Exhibit 1 attached hereto and by this reference made a part hereof. URBAN WEST COMMUNITIES, a California corporation By: its: HUNTINGTON BEACH COMPANY, a California corporation By: Its: •PACIFIC COAST HOMES, a California corporation By: Its: CHEVRON LAND & DEVELOPMENT CO., a California corporation By: Its: HUNTINGTON SEACLIFF CORPORATION, a California corporation By: Its: F:\REAL\873\15115001WELL.DEE 06/08/93 K-1-1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA ) ss: *COUNTY OF ) • 4n this day of , 1993, before me, the undersigned notary public, personally appeared A, ❑ personally known to me -OR- ❑ proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument, and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her 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. SIGNATURE OF NOTARY OPTIONAL SECTION THIS CERTIFICATE BUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. i OPTIONAL SECTION = CAPACITY CLAIMED BY SIGNER Though statute does not require the Nots to fill in the data below, doing so n prove invaluable to persons relying on tl document. ❑ INDIVIDUAL CORPORATE OFFICER(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) UrbanWest Communities, California corporation TITLE OR TYPE OF DOCUMENT Quitclaim Deed NUMBER OF PAGES DATE OF DOCUMENT SIGNERS) OTHER THAN NAMED ABOVE F:\REAL\873\15115001WELL.DEE 06/08/93 K-1-2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA ) SS: i COUNTY OF ) • On this day of , 1993, before me, the undersigned notary public, personally appeared , ❑ personally known to me -OR- ❑ proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument, and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her 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. SIGNATURE OF NOTARY OPTIONAL SECTION ® OPTIONAL SECTION CAPACITY CLAIMD BY SIGNER Though statute does not require the Notar to fill in the data below, doing so me prove invaluable to persons relying on tt document. ❑ INDIVIDUAL © CORPORATE OFFICERS) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY —IN —FACT ❑ _TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) Chevron Land & Develomen+ Co_., a California corvoratio� THIS CERTIFICATE MUST BE ATTACHED TO THE TITLE OR TYPE OF DOCUMENT Quitclaim Deed DOCUMENT DESCRIBED AT RIGHT: NUMBER OF PAGES Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. DATE OF DOCUMENT SIGNERS) OTHER THAN NAMED ABOVE F:\REAL\873\15115001\VELL.DEE 06/08/93 K-1-3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA ) ss: �OUNTY OF ) On this day of , 1993, before me, the undersigned notary public, personally appeared , ❑ personally known to me -OR- ❑ proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument, and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her 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. SIGNATURE OF NOTARY • OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. • i OPTIONAL SECTION ii+®e CAPACITY CLAIMD BY SIGNER Though statute does not require the Notar, to fill in the data below, doing so ma! prove invaluable to persons relying an th4 document. ❑ INDIVIDUAL © CORPORATE OFFICERS) ❑ . PARTNER(S) ❑. LIMITED ❑ GENERAL •❑ ATTORNEY —IN —FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) Huntington 'Beach Compa_nv, e California corporation TITLE OR TYPE OF DOCUMENT Ouitclaim Deed NUMBER OF PAGES DATE OF DOCUMENT SIGNERS) OTHER THAT: NAMED ABOVE F:\REAL\873\15115001\NELL.DEE 06/08/93 K-1-4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA ) ® OPTIONAL SECTION iiii ss : CAPACITY CLAIMED BY SIGNER COUNTY OF ) On this day of , 1993, before me, the undersigned notary public, personally appeared Though statute does not require the Notai to fill in the data betow, doing so s& prove invatuable to persons relying on th document. ElINDIVIDUAL © CORPORATE OFFICERS) ❑ personally known to me -OR- ❑ proved to me on the basis. of satisfactory evidence to be the person whose name is•subscribed to the within instrument, and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by ❑ PARTNER(S) his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. ❑ LIMITED ❑ GENERAL WITNESS my hand and official seal. ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR SIGNATURE OF NOTARY ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(lES) Huntington Searlifi Cortporation, a California cortporation OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO THE TITLE OR TYPE OF DOCUMENT Quitclaim Deed DOCUMENT DESCRIBED AT RIGHT: NUMBER OF PAGES Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. DATE OF DOCUMENT SIGNERS) OTHER THAN NAMED ABOVE • F:\REAL\873\15115001\NELL.DEE 06/08/93 K-1-5 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA ) ss: *OUNTY OF ) On this day of , 1993, before me, the undersigned notary public, personally appeared , ❑ personally known to me -OR- ❑ proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within.instrument, and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her 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. SIGNATURE OF NOTARY • OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Though the data requested here is not required by law, it could prevwt fraudulent reattachment of this form. E ® OPTIONAL SECTION ! CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the date below, doing so may prove invaluable to persons relying on the document. ❑ . INDIVIDUAL © CORPORATE OFFICERS) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSONS) OR ENTITY(IES) Pacific Coast Homes. a California corporation TITLE OR TYPE OF DOCUMENT Ouitclaim Deed NUMBER OF PAGES DATE OF DOCUMENT SIGNERS) OTHER THAN NAMED ABOVE F:%REAL\A73\15115001\WELL.DEE 06/08/93 K-1-6 • t� f P, ` �tl f 'w1, r�06/� ilea�► 0 tl �4rMry. J/Kp/i1l O AtiA/M • /w_A,Mr, CI. Ji \ ' C fir, � ��♦* � • R C. AWI" M. Rrir11 M..i RMdAAI S. P"A4W •AIKA.o•I.0 �_ �My It 40Ip A+4 +'01010. t ♦I ♦� �+► *22.3430 .j.. •7 S j ^ �r/vM,.ry.q,. � i Nr/A_ r►�{. Otr � It s� l H!/�r�djt .Qar � :.. . - - • - - - - - - •w-,�, I w+/MN'�..w P / nNA...r,AN. - •= O.NY�IIt- AW 41/M #009A CI T1 '_ �_ •� +" AWI.AI+. I.1l1 CI moo, ` ek .� CAtr�1A I I •� .v� .. t .,wart+ . n • I► I i SGMLEWHER 4 AVE eDsnde�+ Ar J rrA/IvM+ Ar, Wtim Nt • InwtnM� PW • Wo mippow • "/tAi11tA,' 'lawn •f �r1 warn"1•� AI,r./� / aA, . /ndependen/ Erp/oecaO al • ¢ ..0 • �c>nranal 4• _ '/ % 0134. ' •11 1• 3 •3t? 11 i 13 ; Che vion Chevron 1 (ton �J • , • C4W►/IVNII/I�� �Iy(/Il/ti/�147%► e! � 1'K � r � R ��L •sue ,#W4jq . A •/ .Aam ,� ctr • caidnt triaa -.rr. - .. -- � EXHIBIT 1 0 • EXHIBIT "K-2" AGREEMENT AND GRANT OF SLANT DRILLING RIGHTS • f:\REAL\873\15115001\SETTLEMT.AGT rev 07/20/93 • RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Palmieri, Tyler, Wiener, Wilhelm & Waldron (MHL) 2603 Main .Street Suite 1300 Irvine, California 92714 SPACE ABOVE THIS LINE FOR RECORDER'S USE AGREEMENT AND GRANT OF SLANT DRILLING RIGHTS THIS AGREEMENT AND GRANT OF SLANT DRILLING RIGHTS is entered into this day of July, 1993 by and between HUNTINGTON BEACH COMPANY, a California corporation ("Grantor"), and JOHN A. THOMAS, LINDA THOMAS, RONALD I. BRINDLE and ANN EMILY BRINDLE (collectively, "Grantee") with reference to the following: A. Grantee is one of the current lessees under that, certain lease commonly known as the "Copeland Lease," dated December 19, 1919 by and between James J: Conrad and Gussie Conrad et al., as Lessors,,and Union Oil Company, as Lessee, •. recorded January 13, 1920 in Book 12, Page 132 of Leases.(the r "Lease"). B. Grantor is the owner in fee of that certain parcel of land (the "Property") in the City of Huntington Beach, County of Orange, State of California, described as follows: the East half of the North.half of the Northwest quarter of the Southwest quarter of the Southeast quarter of Section 34, Township 5 South, Range 11 West in the Rancho Las Bolsas as shown in the map recorded in Book 51, Page 13 of Miscellaneous Maps in the Office of the Orange County Recorder and generally depicted as the cross -hatched area on the map attached hereto as Exhibit 1 and by this reference made a part hereof. C. Grantee is desirous of obtaining a right-of-way and easement to drill a slant well, as herein defined, through the Property to obtain and produce oil, minerals, gas, and other hydrocarbon substances from the property covered by the Lease ("Leased Land"). • F:\REAL\873\15115001\DRILLRTS.AGT K-2-1 rev 06/08/93 NOW, THEREFORE, for good and valuable consideration, receipt • of which is hereby acknowledged, Grantor hereby grants to Grantee the exclusive right-of-way and easement to drill and operate, at any time and from time to time, a slant well into and through the Property upon the following terms and conditions: 1. The only purpose for which a slant well may be drilled and operated pursuant to this grant is the exploration and production of water, oil, gas, minerals and other hydrocarbon substances from the Leased Land. 2. The right to drill and operate a slant well pursuant to this grant shall include the right of Grantee to repair, redrill, deepen, maintain and abandon such well. well: 3. The slant well authorized by this grant shall be a (a) the surface or wellhead location of which is on the. Leased Land from which the Grantee has the right to drill under the terms of the Lease; . (b)- the bore -hole and subsurface course of which -- transverse the Property at a depth of not less than five hundred (500) feet below the present surface of the Property • and be set at least two hundred (200) feet from the border of the Property; and (c) the producing interval of which shall be located in the Leased Land. 4. Grantee agrees to indemnify, protect, defend and hold Grantor harmless from and against any and all loss, liability, damage, costs and expenses (including attorneys' fees and fees of expert witnesses) arising from or relating to Grantee's subsurface entry into the Property. 5. Grantee shall have no right to enter or conduct any operations on or within the upper five hundred (500) feet of the subsurface of the Property. 6. This Agreement shall be binding on and inure to the benefit of the heirs, administrators, executors, successors, and assigns of each of the parties hereto. 7. This Agreement shall terminate if the slant well is not drilled within twenty (20) years from the date hereof. Upon .termination of this Agreement and upon the written request of • F:\REAL\873\15115001\DRILLRTS.A.GT K-2 —2 rev 06/08/93 • Grantor; Grantee shall execute a quitclaim deed terminating Grantee's rights hereunder. IN WITNESS WHEREOF, the undersigned have executed this Agreement and Grant of Slant Drilling Rights this day of July, 1993. HUNTINGTON BEACH COMPANY, a California corporation • • By: Its: By: Its: "Grantor" JOHN A. THOMAS LINDA THOMAS RONALD I. BRINDLE EMILY ANN BRINDLE "Grantee" F:\REAL\873\15115001\DRILLRTS.AGT K-2-.3 rev 06/08/93 'CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA ) ss: COUNTY OF ) On this day of ,..1993, before me, the undersigned notary public, personally appeared and r ❑ personally known to me -OR- ❑ proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the. persons acted, executed the instrument. hand and official seal. SIGNATURE OF NOTARY • OPTIONAL SECTION ® OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. ❑ INDIVIDUAL 2 CORPORATE OFFICERS) ❑ TITLE (S) PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: x NAME OF PERSON(S) OR ENTITY(IES) Huntington Beach Company, a California corporation THIS CERTIFICATE MUST BE ATTACHED TO -THE TITLE OR TYPE OF DOCUMENT Agreement and Grant of DOCUMENT DESCRIBED AT RIGHT: Slant. Drilling Rights Though the data reeqquuested here is not required by law, it could prevent fraudutent reattachment of this form. NUMBER 'OF PAGES DATE OF DOCUMENT SIGNERS) OTHER THAN NAMED ABOVE F:\REAL\873\15115001\DRILLRTS.AGT K-2-4 rev 06/08/93 WJJIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA ) ss: COUNTY OF ) On this day of , 1993, before me, the undersigned notary public, personally appeared JOHN A. THOMAS and LINDA THOMAS, ❑ personally known to me -OR- ❑ proved to me on the basis of satisfactory evidence to be the persons Whose names are subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized.capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. SIGNATURE OF NOTARY r -I L_J OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. • ® OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. . ® INDIVIDUAL ❑ CORPORATE OFFICERS) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER.: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) TITLE OR TYPE OF DOCUMENT Agreement and Grant of Slant -Drilling Rights NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE F:\REAL\873\15115001\DRILLRTS.ACT K-2-5 rev 06/08/93 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA ) SS: COUNTY OF ) On this day of , 1993, before me, the undersigned notary public, personally appeared RONALD I. BRINDLE and EMILY ANN BRINDLE, ❑ personally known to me -'OR- ❑ proved to me on the basis of satisfactory evidence. to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. SIGNATURE Of NOTARY • OPTIONAL SECTION ® OPTIONAL SECTION f CAPACITY CLAIMED BY SIGNER Though statute does not require the Notar to fill in the data below, doing so ma prove invaluable to persons relying on th. document.. © INDIVIDUAL ❑ CORPORATE OFFICERS) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) h GUARDIAN/CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME Of PERSON(S) OR EMTITY(IES) THIS CERTIFICATE MUST BE ATTACHED TO THE TITLE OR TYPE OF DOCUMENT Agreement and Grant of DOCUMENT DESCRIBED AT RIGHT: Slant Drilling Rights Though the data requested here is not required by law, it could prevent fraudulent reattachment of this forma NUMBER OF PAGES • DATE OF DOCUMENT SIGNERS) OTHER THAN NAMED ABOVE K-2-6 f:\REAL\873\15115001\DRILLRTS.AGT rev 06/08/93 U �:Eli Owl • �'ft-AAMI.Ct• �1 � ✓! �{rMltnly. �. 'MA M � i C 1Mh � ♦� t ~ • a � rbr+lr !• �M•�11 /rs AAIM • I Ibt A�wor, +'M..*• j•. 4 i7 ,22.3430 6 I ♦2 ,, _ ✓1KnNr.ry.q► i` - - - - - - - - - �! � ,+�,,�.,..,�, o�• M ✓ 1 Hsi •4a � ... . • t 1 l�wi) w i C r V 7iroco Ao0.V,af arc I-......... •� r •Aw I t.+/MrH'AwAp .l. / N/lArwll�OX• i�DIN.rN/1- I1101,4flow MCACo. • = i raw/•r) ---- - -- - ----- Chevron +t t •t wvti :M.%a! trv1.M , rt • I �1 ' 1 ♦i • 4--.--.—•� SCHLEICHER AVE / ependt� A'� A•�A/�✓rAt Aint/.en�A� - , • Ara�t/rw1A�N • to of A.,.•hA/�.,.' . /ndepond�n/ Erp/orCo.� 4• _ 7 to rl , • Cht v,ron Cho vron t'Jont►� �r• Co�r�irvAily) �Iyva�ir��bA' S) � Mt, ' � f • • • •� 4t ! ; t� q � ti IZ �4t •iK j � i �p i Lof*m MAW -iwai EXHIBIT 1 TO GRANT OF SUBSURFACE DRILLING RIGHTS 0 N EXHIBIT 'ILI' QUITCLAIM DEED NO. 3 • F:\REAL\873\15115001\SETTLEMT.AGT rev 07/20/93 Escrow No. Loan No. WHEN RECORDED MAIL TO: iRonald I. Brindle C/o American Landscape Supply 18851 Golden West Street Huntington Beach, California 92648 SPACE ABOVE THIS LINE FOR RECORDER'S USE QUITCLAIM DEED URBAN WEST COMMUNITIES, a California limited partnership, SEACLIFF PARTNERS, formerly known as GARFIELD PARTNERS, a California general partnership, CHEVRON LAND & DEVELOPMENT CO., a California corporation, HUNTINGTON BEACH COMPANY, a California corporation, HUNTINGTON SMACLIFF CORPORATION, a California corporation, and PACIFIC COAST HOMES, a California corporation (collectively, "Grantor") do hereby REMISE, RELEASE AND FOREVER QUITCLAIM to RONALD I. BRINDLE and EMILY ANN BRINDLE any and all right, title and interest of Grantor, including, without limitation, any mineral rights and royalties therefrom, in the real property in the City of Huntington Beach, County of Orange, State of -- - — California, —described --as ----- -— - the East half of the Northwest quarter of the Southeast quarter of the Southeast quarter of Section 34, Township 5 South, Range 'il West, in the Rancho Las Bolsas as shown on a map recorded in • Book 51, Page 13 of Miscellaneous Maps in the Office of the Orange County Recorder and depicted on Exhibit 1 attached hereto and by this reference made a par hereof. URBAN WEST COMMUNITIES, SEACLIFF PARTNERS, a California limited partnership (formerly known as GARFIELD PARTNERS), a California general partnership By: By: Its• Its: CHEVRON LAND 6 DEVELOPMENT CO., a California corporation By: Its: HUNTINGTON SEACLIFF CORPORATION, a California corporation By: Its: 0 HUNTINGTON BEACH COMPANY, a California corporation By: Its• PACIFIC COAST HOMES, a California corporation By: Its: G M a for �x n H F'to Al H P- H O t a v , 1 (D O a °rwr�Ar,o,� SEE SPECIAL PAGE 110-229 FOR SUBSURFACE FEE. TITLE ASSESSMENT N.112, SE 114, SE.114, SEC. 34, T. 5 S., R. // W. 20 21 1 ior• w• — G s 6 Ql Coll a CI 1 is - r 21 /ow / ,. Ic. i :I it irs Jr jo itis i rI • • •• 1! It II j 2 _ _ I t !O wc. N as 'v . ' • ' . THIS MAP WAS PREPARED FOR ORANGE' (oINITY ASSESSOR DEPT : PURPOSES ONl9 i n THE ASSESSOR WXES NO GUARANTEE AS TO D ITS ACCURACY NOR ASSUMES ANY UAWTV W FOR OTHER USES. NOT TO K REMIXED. p m Is 1 ® ALL IMTS RESEM. •+ OCOPIRN�IT ORANGE COIRITY AiMSM N!I 1 O b A i N 20 I i 3t AIaRCN /951 rR. NO 306 A/ M. /1- 20 I NOTE - ASSESSOR'S BLOCKS ASSESSOR'S A/AP PARCEL NUMBERS _ -. j BOOK 110 AfGF 22 /— CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA ) 0 ) ss: COUNTY OF ) 0 U On this day of , 1993, before me, the undersigned notary public, personally appeared , ❑ personally known to me -OR- ❑ proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument, and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her 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. OPTIONAL SECTION ® OPTIONAL SECTION imi CAPACITY CLAIxED BY SIGNER Though statute does not require the Notw to fill in the data below, doing so w prove invaluable to persons relying on ti document. ❑ INDIVIDUAL ❑ CORPORATE OFFICERS) © PARTNER(S) © LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITTCIES) Urban West Communitie s THIS CERTIFICATE MUST BE ATTACHED TO THE TITLE OR TYPE OF DOCUMENT Ouitclaim Deed DOCUMENT DESCRIBED AT RIGHT: NUMBER OF PAGES Though the data requested here is not required by. law, it could prevent fraudulent reattachment of this fora. DATE OF DOCUMENT SIGNERS) OTHER THAN NAMED ABOVE F:\REAL\8T3\15115001\GIIITCLAM.DEE 04/22/93 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA ) ) ss: IROUNTY OF ) On this day of , 1993, before me, the undersigned notary public, personally appeared , ❑ personally known to me -OR- ❑ proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument, and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by, his/her 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. SIGNATURE OF NOTARY • OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. • ® OPTIONAL SECTION f CAPACITY CLAIMED BY SIGNER Though statute does not require the Motor) to fill in the data below, doing so mad prove invaluable to persons relying on the document. ❑ INDIVIDUAL• ❑ CORPORATE OFFICERS) © PARTNER(S) ❑ LIMITED © GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: MAKE OF PERSOM(S) OR ENTITY(IES) Seacliff Partners [formerly known as Garfield Partners) TITLE OR TYPE OF DOCUMENT Quitclaim Deed NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE F:\REAL\873\15115001\QUITCLAK.DEE 04/22/93 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT OSTATE OF CALIFORNIA ) ss: COUNTY OF ) On this day of , 1993, before me, the undersigned notary public, personally appeared , ❑ personally known to me -OR-' ❑ proved to me on the. basis of satisfactory evidence to be the person whose name is subscribed to the within instrument, and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her 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 OPTIONAL SECTION ® OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Though statute does not require the Motor) to flit in . the data below, doing so me) prove invaluable to persons relying on the document. ❑ INDIVIDUAL © CORPORATE OFFICERS) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR SIGNER IS REPRESENTIMG: MAKE OF PERSON(S) OR ENTITY(IES) Chevron Land & Development Co. THIS CERTIFICATE MUST BE ATTACHED TO THE TITLE OR TYPE OF DOCUMENT ouitclaim Deed DOCUMENT DESCRIBED AT RIGHT: NUMBER OF PAGES Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. DATE OF DOCUMENT SIGNERS) OTHER THAN NAMED ABOVE • F:\REAL\873\15115001\QUITCLAM.DEE 04/22/93. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA ) ss: OCOUNTY OF ) On this day of , 1993, before me, the undersigned notary public, personally appeared ❑ personally known to me -OR- ❑ proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument, and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her 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 SIGNATURE OF NOTARY • OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT:. Though the data requested here is not required by Law, it could prevent fraudulent reattachment of this form. • ® OPTIONAL SECTION � CAPACITY CLAIMED BY SIGNER Though statute does not require the Motar; to flit in the data below, doing so ma•, prove invaluable to persons relying on th( document. ❑ INDIVIDUAL © CORPORATE OFFICERS) ❑ TITLE (S) PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY —IN —FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSONS) OR ENTITY(IES) Huntington Beach Company TITLE OR TYPE OF DOCUMENT Ouitclaim Deed NUMBER OF PAGES DATE OF DOCUMENT SIGNERS) OTHER THAN NAMED ABOVE F:\REAL\873\15115001\al1ITCLAM.DEE 04/22/93 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT •STATE OF CALIFORNIA ) ss: COUNTY OF ) On this ' day of , 1993, before me, the undersigned notary public, personally appeared , ❑ personally known to me -OR- ❑ proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument, and acknowledged to me that he/she executed the same in his/her authorized capacity,. and that by his/her 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. — —SIGNATURE-OF-NOTARY _ .10 OPTIONAL SECTION ® OPTIONAL SECTION M CAPACITY CLAIMED BY SIGNER Though statute does not require the Nota. to fill in the data below, doing so a prove invaluable to persons relying on tl document. ❑ INDIVIDUAL © CORPORATE OFFICERS) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) Huntington Seaelif Corporation THIS CERTIFICATE MUST BE ATTACHED TO THE TITLE OR TYPE OF DOCUMENT Quitclaim Deed DOCUMENT DESCRIBED AT RIGHT: NUMBER OF PAGES Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE F:\REAL\873\15115001\OUITCLAM.DEE n /7;0 /9; CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT OSTATE OF CALIFORNIA ) ss: COUNTY OF ) On this day of 1993, before me, the undersigned notary public, personally appeared , ❑ personally known to me -OR- ❑ proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument, and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her 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. SIGNA • e OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Though the data requested here is not required by law, it could prevent fraudulent reattachment of this fore. • � OPTIONAL SECTION � CAPACITY CLAIMED BY SIGNER Though statute does not require the Notar to fill In the data below, doing so ea prove invaluable to persons relying on th docuaent. ❑ INDIVIDUAL © CORPORATE OFFICERS) ❑ PARTNER(S), ❑ LIMITED ❑ GENERAL ❑ ATTORNEY —IN —FACT ❑ TRUSTEE(S)' ❑ GUARDIAN/CONSERVATOR SIGNER IS REPRESENTING: MANE OF PERSON(S) OR ENTITY(IES) Pacific Coast Homes TITLE OR TYPE OF DOCUMENT Ouitclaim Deed NUMBER OF PAGES DATE OF DOCUMENT SIGNERS) OTHER THAN NAMED ABOVE F:\REAL\873\15115001\QUITCLAN.DEE 04/22/93 1) • EXHIBIT I'M" NOTE F:\REAL\873\15115001\SETTLEMT.AGT rev 07/20/93 DO NOT DESTROY THIS, NOTE: When paid, this note, with Deed of Trust securing same, • must be surrendered to Trustee for cancellation before reconveyance will be made. NOTE SECURED BY DEED OF TRUST S [INSERT AMOUNT OF INDEMNIFIED CLAIMS] City of Huntington Beach, California ,19 FOR VALUE RECEIVED, [INSERT NAME OF PAYOR] promises to pay to SEACLIFF PARTNERS, a California corporation ('Payee"), or order, at 2124 Main Street, Suite 200, Huntington Beach, California 92648 -- the sum of [INSERT AMOUNT OF INDEMNIFIED CLAIMS] with interest from the date hereof until paid, at the rate of [ ] percent per annum, which shall become due and payable, subject to the terms and conditions hereof, and pursuant to the terms of that certain Settlement Agreement, dated July _, 1993 ('Settlement Agreement") between Payor, Payee and certain other parties, upon the occurrence of all of the following events: (Capitalized terms used herein and not otherwise defined herein shall have the meaning set forth in the Settlement Agreement.) --------— --- ---- �- — — -- (a) Payor shall have commenced activities on [the "Brindle Property' or the 'Thomas Property,' as applicable] which are not Exempt Activities and which, but for Payee's prior payment on Payor's behalf • pursuant to the indemnification provision set forth in Paragraph 10 of the Settlement Agreement of assessments imposed by one or more assessment districts, would have required Payor to pay to the City some or all of said r assessments. (b) Payee shall deliver to Payor thirty (30) days written notice ('Payee's Notice') demanding payment of the portion of this Note due and payable. The amount required to be paid by Payor hereunder shall not exceed the amount of the assessments which Payor would otherwise have been required to pay to the City based upon such nonexempt activities. (c) If within thirty (30) days after Payor's receipt of Payee's Notice Payor disputes either (i) the amount claimed by Payee to be due and payable: or (ii) Payee's assertion that the event described in clause (a) above has occurred, then Payor shall deliver written notice ('Payor's Notice') to Payee of the reason for such dispute. If within thirty (30) days after Payee's receipt of Payor's Notice, the parties are not able to settle such dispute, then this dispute shall be resolved by binding arbitration, at the request of Payor or Payee, by a general reference conducted by a retired judge from the panel of the Judicial Arbitration and Mediation Services, Inc. ('JAMS"), pursuant to the provisions of California Code of Civil Procedure Section 638(1), et M.. The parties intend this procedure to be specifically enforceable in accordance with said Section 638(1). If the parties cannot agree on a member of the JAMS panel, one shall be appointed by the presiding judge of Superior. Court, in the County of Orange, State of California. The proceeding described in the preceding sentence shall be subject to the rules and procedures set forth in California Code of Civil Procedure Section 1282 et M. or any successor statute. If at the time of such dispute, JAMS does not exist, Payor and Payee shall agree upon an arbitrator and failing to reach such an agreement within thirty (30) days after receipt of a request to do so, the appointment of is arbitrator shall be made, upon the request of either Payor or Payee, by the presiding judge of the superior court. • F:\REAL\873\15115001\NOTE.DOT M— 1 rev 06/08/93 This Note is secured by a deed of trust ('Deed of Trust') to First American Title Insurance Company accorded against the (insert 'Brindle Property' or 'Thomas Property,' as the case may be). A default shall not • be deemed to have occurred under this Note and Payee may not commence foreclosure proceedings pursuant to the Deed of Trust unless and until: (A) the events described in clause (a) and clause (b) above have occurred and Payor does not pay the amount demanded in Payee's Notice within thirty (30) days after receipt of Payee's Notice; and (B) either (1) there is no dispute of the kind described in clause (c) above; or (2) there is such a dispute, the dispute is submitted to arbitration, and the arbitrator decides in Payee's favor. The Deed of Trust contains the following provision: If Trustor shall sell or convey the Property encumbered by this Deed of Trust, or shall be divested of its title in any manner or way, whether voluntarily or involuntarily, or if Trustor is a corporation, partnership, trust or other le -,al entity other than a natural person and fifty percent (50%) or more of the beneficial interest in Trustor is sold or transferred, without the written consent of Beneficiary being first had and obtained. Beneficiary shall have the right, at its option, except as prohibited by law, to declare the obligations secured hereby, irrespective of the maturity date specified in the Note evidencing the same, immediately due and payable. Notwithstanding the foregoing, Trustor shall have the right, at its sole election, to transfer the Property to one or more of the Permitted Assignees as defined in that certain Settlement Agreement, dated July _, 1993 by and among Trustor, Beneficiary and certain other parties. -------------- - - This Note shall be deemed cancelled and any unpaid principal and accrued -interest shall -lie deemed--- --- -- - forgiven on the date which is twenty (20) years after the date the assessment district which imposed the Indemnified Claims was formed. • Should default be made in payment of principal or interest, the whole sum of principal and interest r shall, at the option of the holder of this Note, become immediately due. Principal and interest payable in lawful money of the United States. If action be instituted on this Note, the undersigned promises to pay such sum as the Court may adjudge as attorneys' fees. [NAME OF PAYOR) • F:\REAL\873\15115001\NOTE.DOT M-2 rev 06/08/93 0 • U EXHIBIT "N" DEED OF TRUST i f:\REAL\873\15115001\SETTLEMT.AGT rev 07/20/-93 • Escrow No. Loan No. WHEN RECORDED MAIL TO: Seacliff Partners 2124rMain Street Suite 200 Huntington Beach, California 92648 Attention: Brian Shally SPACE ABOVE THIS LINE FOR RECORDER'S USE DEED OF TRUST WITH ASSIGNMENT OF RENTS (SHORT FORM) This DEED OF TRUST, made betwee (INSERT BRINDLE OR THOMAS, AS APPLICABLE) herein called TRUSTOF whose address is (Number and Street) (CiM (State) FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation, herein called TRUSTEE, and SEACUF PARTNERS, a California general partnership , herein called BENEFICIARN WITNESSETH: That Trustor grants to Trustee in Trust, with Power of Sale, that property in the City of Huntingto Beach, County of Orange, State of California, described as: (INSERT DESCRIPTION OF BRINDLE PROPERTY OR THOMAS PROPERTY, AS APPLICABLE) See additional provisions of this Deed of Trust in the Rider attached hereto and by this reference made a part hereii Together withto lards. issues and poets d msof, subject however. to to rWIL power and outhorey heronaftar OMn to tend confettmd upon eerefiriary to cair and apoN such laths. issues oho preftb. For thofv000e of Socurtrto I11 pavWount of the ours of $ See Rider wun Ydrsst thereon aecerdiq to the banns of a pi ew sory note at notes of even data irla.e merle by Trunor. payable to onion of 5orwneiry. and eetonsar or renewals thereat. 123 the peAorrnrted of each apreemar of Truster Yaoroosated by reap,rp t eattaevd herein. and 131 Po west at addhbnd sums and Interest dweon which may hersafber be boned to Trustor, or his successors at assign. when evleancea s a Promiasery rote or note, rweltlnp that they an sscurod by this Daed of Truer i To Pre,tadt the security of this Deed at TrusL and whh nspoet to t1a property above deocsWad. Trustor ssprosdy make, each rd ad of this old odeor end agraaa to perform and be bard by osch and me of this tents wd pteyiamms set forth in aubdi%ison A. and 1t is ff"Ush ,pissed that each and so of tr tarns M provieons oat forth in subdivi non 9 of the fietitiotn deed of oust recorded in Orage Coueey August 17. 19". and in r other counties August 18. 1964. nor abut and at the page of Official Meads in the of fee at the county reeoNM of to county whom said Prapaty is bested, noted below opposes the nrne of such aahaa, nanniy: COUNTY BOOK PACE COUNTY BOOK PACE COMITY BOOK PACE COUNTY BOOK ►AC. Alamods 1288 554 Kin" S68 713 Placed, 1029 379 6laero 38 is AW- 3130-31 Lelia 437 110 pkurAs 166 1307 swifyou Sol 76, Amoder 133 438 Lassen 192 367 Rhwnide 3779 347 "ane 1297 62 su1r 1330 513 Lev Arpolea T•3870 874 saaramemo SOM 124 Sonoma 2097 42' CaWvaras 1S6i 338 Made►e 911 134 San Bank, 300 406 stanistur 1970 B. Cokase 323 391 Marm 1848 122 San Bernardino 4213 768 SU11af 666 her Contra Coate 46" 1 Mariposa 90 453 San Franchwo A-904 699 T6home 457 It: pM Nara 101 549 Mondoolno 667 88 San Jopuin 2666 283 Trfrilty toe sa 19 Dorado 704 S36 Merved 1660 7B3 San Will Obis" 1311 137 Tulare 2630 lot fusee 6062 623 Modem 191 93 San Mwo 4778 176 Tuchu m a 177 19; 0541111 469 78 Mono e9 302 am" Barbara 2065 "1 venture 2607 23' Humbow 801 83 Monterey 367 239 Sams Wes 6626 a" Yale, 769 1. Impanel 1189 701 No" 704 742 Santa Crta 1s= 607 Yuba 398 69. Ingo 106 $72 Nave" 363 94 shasta am 633 Kam 3766 680 Orange 7192 tt San DkW SERIES 5 'Book 1964. Pape 149774 . abate Inure to and bid tno Pates Wale. with reapaet to to prop" above described. Sa! agreonrrM. tarno and provfslerha dontainsd in said suEdiv s>ora A or 6 radontleal In M counties. and printed on the reverse sills henoff am by the within relme nce tharea-. Incorporated hhasin end made a pat of this Deed of That for, purpows as tuay as if eat forth at length herem. and Beneficlary n rr d w" for a rtstwrwM regard'eg to obligaten secured horsey, provided Ow charge therefor par not eaeood the maximum allowed by law. The urdmrsigned hurtor reauarts that a copy of any notice of dofauk tend any be of sale Aerounder be maned to him at his address Irrminbafore set forty Slynatue of Trustor RIDER TO DEED OF TRUST WITH ASSIGNMENT OF RENTS • This Deed of Trust secures the payment of that certain Note, dated 19 with Trustor, as Payor, and Beneficiary, as Payee, the amount of which is dependent upon the amount of the 'Indemnified Claims' as defined therein. The payment of any portion of the Note and Beneficiary's right to commence foreclosure proceedings pursuant to this Deed of Trust is conditioned upon the occurrence of the events described in the Note. Beneficiary and Trustor understand and agree that the Note and the lien of this Deed of Trust shall be subject and subordinate to the lien of one or more senior deeds of trust to secure one or more senior loans made to Trustor upon the following terms: (a) the principal amount of the senior loan, when added to the amount of the Note, plus any -- other indebtedness secured by a lien on the Property senior to the lien of this Deed of Trust, shall not exceed eighty percent.(80%) of the appraised value of the Property including improvements; (b) the outstanding principal amount of any such senior loan shall bear simple interest at not more than fifteen percent (15 %). In connection with any subordination hereunder, Beneficiary understands and acknowledges that: (i) The senior deed of trust and any renewals or extensions thereof shall unconditionally be and remain at all times a lien on the Property secured by this Deed of Trust prior and superior to the lien of this Deed of Trust. GO A lender making disbursements pursuant to any senior loan shall be under no obligation or duty to Beneficiary to see to the proper application of the disbursements. (iii) Beneficiary intentionally and unconditionally waives, relinquishes and subordinates the lien or charge of this Deed of Trust in favor of the lien or charge of a deed of trust upon the Property in favor of any lender made pursuant to the terms hereof and understands that in reliance upon and in consideration of this waiver, relinquishment and subordination, specific loans and - advances may be • made and specific monetary and other obligations may be entered into that would not be made or entered into but for the reliance upon this waiver, relinquishment and subordination. r (iv) The lender shall have the right to require an endorsement to be placed upon the Note that this Deed of Trust has by appropriate instrument been subordinated to the lien or charge of the senior deed of trust. Beneficiary waives on its behalf and on behalf of any successors and assigns of this Deed of Trust, the Note secured hereby or any other document executed in connection with or securing the Note, the provisions of Sections 2953.1. 2953.2. 2953.3 and 2953.4 of the Civil Code of the State of California. If Trustor shall sell or convey the Property encumbered by this Deed of Trust, or shall be divested of its title in any manner or way, whether voluntarily or involuntarily, or if Trustor is a corporation, partnership, trust or other legal entity other than a natural person and fifty percent (50%) or more of the beneficial interest in Trustor is sold or transferred, without the written consent of Beneficiary being first had and obtained, Beneficiary shall have the right, at its option, except as prohibited by law, to declare the obligations secured hereby, irrespective of the maturity date specified in the Note evidencing the same, immediately due and payable. Notwithstanding the foregoing, Trustor shall have the right, at its sole election, to transfer the Property to one or more of the Permitted Assignees as defined in that certain Settlement Agreement, dated July_, 1993, by and among Trustor, Beneficiary and certain other parties. • r:VtEAL\8?3%l5ll500lNWT.Rte rev 06/08M • • EXHIBIT "O" BRINDLE PROPERTY RECONFIGURATION • F:\REAL\873\15115001\SETTLEMT.AGT rev 07/20/91 EXHIBIT "P" • THOMAS LANDSCAPING EASEMENT • El F:\REAL\873\15115001\SETTLEMT.AGT rev OY20/93 LJ n U RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of Huntington Beach 2000 Main Street Huntington Beach, California 92648 Attention: City Clerk LANDSCAPE EASEMENT DEED For good and valuable consideration, the receipt of which is hereby acknowledged, John A. Thomas and Linda Thomas (collectively "Grantor") hereby grants to the City of Huntington Beach ("City") an exclusive easement to install and maintain landscaping—over--that—cer_tain_pr_op.er_ty descri.bed_in_Exhibit "A"_,__ attached hereto and incorporated herein by this reference. City shall install and maintain the landscaping at its sole expense. This instrument contains the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed. Any oral representations or modifications concerning this instrument shall be of no force and effect excepting a subsequent modification in writing, signed by the party to be charged. This instrument shall bind and inure to the benefit of the respective heirs, personal representatives, successors and assigns of the parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this instrument this day of , 1993. • F:\REAL\873\15115001\LANDSCAP.ESM 07/20/93 JOHN A. THOMAS LINDA THOMAS P-1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA ) ss: COUNTY OF ) • On this day of .1993, before me, the undersigned notary public,. personally appeared JOHN A. THOMAS and LINDA THOMAS, I ❑ personally known tome -OR- ❑ proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacities,. and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Though the Data requested here �s not required by law, it could prevent fraudulent reattachment of this form. • F:\REAL\873\15115001\LANDSCAP.ESM 07/20/93 ® OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Though statute does not require the Notai to fill in the data below, doing so ar prove invaluable to persons relying on tt document. © INDIVIDUAL ❑ CORPORATE OFFICERS) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY —IN —FACT ❑ TRUSTEE(S) —❑---GUARDIAN%CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTZNG:x NAME OF PERSON(S) OR ENTITY(IES) TITLE OR TYPE OF DOCUMENT Landscape Easement Deet NUMBER OF PAGES DATE OF DOCUMENT SIGNERS) OTHER THAN NAMED ABOVE P-2 "*! LJ • e, Z 9 1' BEING THE EAST J3.00 FEET OF THE WEST 4.3.00 FEET OF LOTS 13, 14 AND 27 IN' BLOCK F OF GARFIELD STREET ADDITION TO HUNTINGTON BEACH, IN THE CITY OF HUNTINGTON BEACH; COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THE MAP RECORDED IN BOOK 7, PAGES 27 AND 28 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. AND THAT PORTION OF LOTS I5 AND 16 IN BLOCK F OF SAID GARFIELD STREET ADDITION TO HUNTINGTON BEACH, MORE PARTICULARLY DESCRIBED AS A STRIP OF LAND 15.00 FEET IN WIDTH, THE WEST LINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS; BEOINNING AT THE POINT OF INTERSECTION OF THE SOUTH LINE OF SAID LOT 15 AND A LINE PARALLEL WITH AND 60.00 FEET EASTERLY, MEASURED AT RIGHT ANGLES FROM THE WEST LINE OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 5 SOUTH, RANGE I WEST, SAN BERNARDINO BASE AND MMUDIAN AS SHOWN ON SAID MAP; THENCE NORTHERLY ALONG SAID PARALLEL LINE TO A POINT 480.00 FEET NORTHERLY ALONG THE WEST LINE OF SAID SOUTHWEST QUARTER AS MEASURED FROM THE SOUTHWEST CORNER OF SAID SECTION 35 AND 60.00 FEET EASTERLY, MEASURED AT RIGHT ANGLES FROM SAID WEST LINE; THEriCE NORTHERLY TO A POINT 780.00 FEET NORTHERLY ALONG SAID WEST LINE AS MEASURED FROM SAID SOUTHWEST CORNER AND $7.00 FEET EASTERLY MEASURED AT RIGHT ANGLES, FROM SAID WEST LINE. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "B" ATTACHED MERETO AND MADE A PART HMOs''. SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHT OF . WAY AND EASEMENT, IF ANY OF RECORD. A DEN & EXI-MT W LEGAL DESCRIPTION S���i�E►� CML t:ltctxet U - MANNUS - L#,.'ID 3V%%T00 0. No. 0879-273-BXI Date 18012 COWAN, SURE 210 • IRVINI; CA 92714 7141%"i 10 FAX 6"11 gaff. 1S1 Chk shoot L o� 1 P-3 v� fXr1w '64 GARFIELD AMU h l M a' SL OV D WAIF- 10-XV • AID EN & 1rXH�fI B SSOCI SKETCH TO A=MPANY A Ll: CAL DE5CWTION 186111 GOT^ rjm Ste, Mum a OV16 ti(.0. No.�T+-� Date ��oai4s (ru) 090-0110 rug: ew-au E„ r-2.„•_cb6 Po s►,..t2_�f �'.�,•/i'YI l7•1... iT•.•t,•n .! I•• •�/� `.MT'+ ,••i:;.' .y ��,•. •.♦ ,�.r. •r �w J• ••+ .r,. ' .�•, �� i.. ,., . P-4 • • E3GM3Tf "A" LEGAL DPSCRWMN BEING THE NORTH I5.00 FEE r OF THE SOUTH 47.00 FEET OF LOTS 1 THROUGH 10 INCLUSIVE, IN BLOCK F OF GARFIELD STREET ADDITION TO HUNTINGTON BEACH, IN THE CITY OF HU'.NTINGTON BEACH, COUNTY OF ORAI GE, STATE OF CALIFORNIA AS SHOWN ON THE MAP RECORDED IN BOOK 7, PAGES 27 AND 28 OF MISCELLANEOUS MAPS, IN THE OP'Fl: E OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING THEREFROM THAT PORTION OF SAID LOT 1 LYING SOUTHEASTERLY OF A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 32.00 FEET, BEING TANGENT ON THE EAST TO A LINE PARALLEL WITH AND 30.00 FEET WESTERLY MEASURED A RIGHT ANGLES TO THE CENTERLINE OF STEWART MEET (SMELTZER AVENUE AS SHOWN ON SAID MAP) AND BEING TANGENT ON THE SOUTH TO A LINE THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 5 SOUTH, RANGE 11 WEST, SAN BERNARDINO BASE AND MERIDIAN. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HERE OF. SUBJECT TO CO- NANTS, CONDITIONS, RESERVATIONS, RESTRICTION, RIGHTS OF WAY AND EASEMENT, IF ANY, OF RECORD. ALDEN & LEGAL DESCRg'TION SSOCIATES Mn IMOINi M-KAnn.S- WD SURVZVOU �O. �o 0879-273-8X1 o.t• 3/8/93 111012 COWAN,$Urn 214 • IRVWL CA92114 714!04"110 FAX, 6fP 11 I En t, PER cm. -.�.� shootof P-5 .L:7'.Lrriw�IK.� • ' �i� W tut ♦vww.lt �� NOLLcIA10' Q 7VO;l d )"c;40XY O! Y0 3A >.S%V►.M.rf1r t.1 �III�% rIi r�1 � 4 • ii.��.:...KJ nti :iy!i:?: � �_ u3 pr►•p..pa Otto-004 (1►f�) O*IA 1W.ti %IIAtQ 'err t Lls 'MAW [toot satdi0oss If man • • EXHIBIT "O" TOWER 5 AND McCALL 9 OIL WELL SITES F:\REAL\873\15115001\SETTLENT.AGT rev 07/20/93 rt� arZ�)X NO Pi/- • = i (at OtAOnd � 2 I Ie11 • : • 3 % 1 ►/I I. 4iA// -oil 4r + l Q 6 1 A(P 7 ••----- ---•-- �S------- -- t3 F 1&.roco Inc. �- E (sr,,Oyr) cn S 04 4, � / rids/! .. Thomas Oilers S •' __ ( �' Q 12�-(_Cockv�� — • A ♦= 4 iA �� h �' 3 •�1o+1s An - 2 Cr � t• /mac. r►t �t V J N 14 As ✓� ► �1 bI1 J4's p Co r,ay, !or A QAiQ.i 01 'c1�0/iAI-� ACV Rs' -• - .�x� b/ W 6 ab/a RN Oi / CI hKkw '1 ��t/ D l/ n.+/6wi" �: J'�': i+4" V -j 3 i +6 :r► /�rad�r 4 2 Ov'/ CoCi - i.RT�r�J��► hi 5-snr nor '•�►ix!//erg r�ir a7 t. Nbov�r Q iloaa�� ! • � Pre • Weovi� 6 //a/o + c 13 2�-2a6� • D '�'� a : CM iIA � ►) • savor 6 Maio CWNZ � 1 Core � /�ri/in pJa► i j 1 n&AA.* F et./At_ -IPon o/Gila • EXHIBIT "Q" 0 • • EXHIBIT "R" ESCROW HOLDER'S GENERAL PROVISIONS F:\REAL\873\15115001\SETTLENT.ACT rev 07/20/93 GENERAL PROVISIONS 1. DEPOSIT OF FUNDS & DI.SBURSEAfENTS You shall deposit all funds received in this escrow in any bank insured by an agency of the United States Government, including your affiliated bank, First American Trust Company, in one or more of your general escrow demand accounts. These funds may be transferred to any other general escrow demand account or accounts, in the bank named below in Section 18, if federally insured. All disbursements shall be made by your check. You are authorized not to close escrow or disburse until good funds have been confirmed in escrow. 2. PRORATIONS AND ADJUSTMENTS The expression 'Close of Escrow' used in this escrow means the data of which instruments referred to herein are recorded and relates only to proration and/or adjustments unless otherwise specified. All proration and/or adjustments are to be made on the basis of a 30-day month unless otherwise instructed in writing. 3. RECORDATION OF INSTRUMENTS--_—_-- ----------------- ------ You are authorized to record any documents delivered through this escrow, the recording of which is necessary or proper in the issuance of the requested Policy of Title Insurance. • 4. AUTHORIZATION TO EXECUTE ASSIGNMENT OF INSURANCE POLICIES You are to execute on behalf of the parties hereto form assignments of interest in any insurance policies (other than title insurance) called for in this escrow; forward assignments and policies upon Close of Escrow to the agent with the request, first, that insurer consent to such transfer and/or attach a loss -payable clause and/or make such other addition or corrections as may have been specifically required herein, and second, that the agent thereafter forward such policies to the parties entitled to them. In all acts in this escrow relating to insurance, including adjustments, if any, you shall be fully protected in assuming that each policy is in force and that the necessary premium has been paid. S. AUTHORIZATION TO FURNISH COPIES You are to furnish a copy of these instructions, amendments thereto, closing statements and/or any other documents deposited in this escrow to the lender or lenders, the real estate broker or brokers, and/or the attorney or attorneys involved in this transaction upon the request of the lenders, brokers or attorneys. 6. PERSONAL PROPERTY TAXES No examination or 4=mce as to the amount or payment of personal property taxes is required unless specifically requested. • Page 1 of 5 Pages GENERAL PROVISIONS - Continued • 7. RIGHT OF CANCELLATION Any party instructing you to cancel this escrow shall .file notice of cancellation in'your office, in writing. You shall within a reasonable time thereafter mail, by certified mail, one copy of the notice to each of the other parties at the addresses stated in this escrow. Unless written objection to cancellation is filed in your office by a party within ten (10) days after date of mailing, you are authorized at your option to comply with the notice and demand payment of your cancellation charges as provided in this agreement. If written objection is filed, you are authorized at your option to hold all money and instruments in this escrow and take no further action until otherwise directed, either by the parties' mutual written instructions or final order of a court of competent jurisdiction. ACTION IN INTERPLEADER The parties hereto expressly agree that you, as escrow holder, have the absolute right at your election to file an action in interpleader requiring the parties to answer and litigate their several claims and rights among themselves and you are authorized to deposit with the clerk of the court all documents and funds held in this escrow. In the event such action is filed, the parties jointly and severally agree to pay your cancellation charges, costs, expenses and reasonable attorneys' fees which you are required to expend or incur in the interpleader action, the amount thereof to be fixed and judgment therefor to be rendered by the court Upon the —_____--filing-of-the-action,—you-shall-thereupon-be-fully-released-and discharged -from all obligations to further perform duties or obligations otherwise imposed by the terms of this escrow. 9. TERMINATION OF AGENCY OBLIGATIONS • If there is no action taken on this escrow within six (6) months after the 'time limit date' as set forth is r the -escrow instructions'or written extension thereof, your agency obligation shall terminate at your option and all documents, monies or other items held by you sball be returned to the parties depositing same. In the event of cancellation of this escrow, whether it be at the request of any of the parties or otherwise, the fees and charges due FIRST AMERICAN TITLE INSURANCE COMPANY, including expenditures incurred and/or authorized shall,be borne equally by the parties hereto (unless otherwise agreed to specifically). 10. CONFLICTING INSTRUCTIONS Should you before or after close of escrow receive or become aware of any conflicting demands or claims with respect to this escrow or the rights of any of the parties hereto, or any money or property deposited herein or affected hereby, you shall have the right to discontinue any or all further acts on your part until the conflict is resolved to your satisfaction, and you shall have the further right to commence or defend any action or proceedings for the determination of the conflict as provided in paragraphs 7 and g of these General Provisions. 11. FUNDS RETAINED IN ESCROW If for any reason funds are retained in escrow, you may deduct therefrom $10.00 as a monthly charge as custodian thereof. • - Page 2 of 5 Pages 9 GENERAL PROVISIONS - Continued 12. USURY You are not to be concerned with any question of usury in any loan encumbrances involved in the processing of this escrow and you are hereby released of any responsibility or liability. 13. INDENWIF'Y FOR ATTORNEYS' FEES AND COSTS In the event suit is brought by any party to this escrow, including the title company or any other party, ` as against each other or others, including the title company, claiming any right they may have as against each other or against the title company, then in that event, the parties hereto agree to indemnify and hold harmless the title company against any attorneys' fees and costs incurred by it. 14. AMENDMENTS TO ESCROW INMUCTIONS Any amendments or supplements to these escrow instructions must be in writing. These escrow instructions constitute the entire escrow between the escrow holder and the parties hereto. 1S. SUPPLEMENTAL TAXES Seller and -Buyer aclaoowledge ti ai the subject property may be subject to supplemental taxes due as a result of change of ownership taking place through this escrow. Any necessary adjustment due either parry on receipt of a supplemental tax bill will be made by the parties outside of this escrow and escrow holder is released of any liability in connection with same. • 16. PRELEKNARY CHANGE OF OWNERSHIP FORM Prior to close of escrow, Buyer will be sent a Preliminary Change of Ownership Report, which is required by the County Recorder's office to accompany documents called for herein at the time of recording, in accordance with Section 480.3 of the Revenue and Taxation Code. Buyer is aware he must return the form completed and signed prior to Close of Escrow. If escrow holder does not receive this report prior to Close of Escrow, Buyer authorizes escrow holder to charge his account the sum of $20.00 which is the fee the County Recorder charges for recording the deed without the completed form. Buyer is hereby put on notice that the Assessor is required to mail out the form for completion later on if it has not been filed at close of escrow. 17. GOOD FUNDS LAW The parties understand that all funds to•close escrow. must be deposited a - sufficient number of days prior to the Close of Escrow in order to comply with Section 12413.1 of the California Insurance Code. Generally speaking, wire transferred funds may be deposited into our escrow account anytime prior to the Close of Escrow. Cashier's checks and certified checks must be deposited into our escrow account the business day before the Close of Escrow. For information concerning holds on other types of checks, please contact your escrow officer. • Page-3 of 5 Pages n U • • GENERAL PROVISIONS - Continued 18, ESCROW TRUST FUNDS Buyer and Seller acknowledge that escrow holder will be depositing all funds in escrow in a NON. INTEREST bearing fiduciary account at one of the following banks: Bank of America Wells Fargo Bank Imperial Bank First Interstate Bank Security Pacific Bank Metro Bank„ Guardian Bank Pacific National Bank Commercial Center Bank 19. REPORTING TO THE INTERNAL REVENUE SERVICE The Tax Reform Act of 1986 provides that First American Title Insurance Company must report to the Internal Revenue Service certain information regarding all real estate transactions. This information includes, among other things, seller's social security number and/or tax identification number and forwarding address, and the gross sales price of the transaction. This is not a requirement generated by First American Title Insurance Company, but rather a means of complying with the new tax law. This information must be provided to First American Title Insurance Company upon the opening of escrow, and escrow cannot close, nor can the deed or any other documents be recorded until the information is provided and seller certifies the accuracy of the information in writing. By execution of these escrow instructions, the parties acknowledge receipt of this 20. TAX REPORTING AND WTTHHOLDING OBLIGATIONS OF THE PARTIES STATE LAW In accordance with Sections 18805 and 26131 of the Revenue and Taxation Code, a buyer may be required to withhold an amount equal to three and one-third percent (3-1/3 %) of the sales price in the case of the disposition of California real property interest by either. 1. A seller who is an individual with a last known street address outside of California or when the disbursement instructions authorize the proceeds be sent to a financial intermediary of the seller, OR 2. A corporate seller which has no permanent place of business in California. The buyer may become subject to penalty for failure to withhold an amount equal to the lesser of ten percent (10%) of the amount required to be withheld or Five Hundred Dollars ($500.00). HOWEVER, notwithstanding any other provisions included in the California statutes referenced above, no buyer will be required to withhold any amount or be subject to penalty for failure to withhold. if: 1. The sales price of. the California .real property conveyed does not exceed One Hundred Thousand Dollars ($100,000.00), OR 2. The seller executes a written certificate, under the penalty of perjury, certifying that the seller .is a resident of California, or if a corporation, has a permanent place of business in California, OR Page 4 of 5 Pages GENERAL PROVISIONS - Continued • 3. The seller, who is an individual, executes a written certificate, under the penalty of perjury, that the California real property being conveyed is the seller's principal residence (as defined in Section 1034 of the Internal Revenue Code). The seller is subject to penalty for knowingly filing a fraudulent certificate for the purpose of avoiding the withholding requirement. The California statutes referenced above include provisions which authorize the Franchise Tax Board to grant reduced withholding and waivers from withholding on a case -by -case basis.. The parties to this transaction should seek an attorney's, accountant's, or other tax specialist's opinion concerning the effect of this law on this transaction and should not act on any statements made or omitted by the escrow or closing officer. The seller may request a waiver by contacting: Franchise Tax Board Withhold at Source Unit P. O. Box 651 -------- _--` Sacramento; California-959-12-0651—_----------�-- (916) 3694900 FEDERAL LAW Internal Revenue Code Section 1445 places special requirements for tax reporting and withholding on the parties to a real estate transaction where the seller is a non-resident alien, a non -domestic corporation or partnership, a domestic corporation or partnership controlled by non-residents or non-resident corporations or partnerships. With respect to both the. State Law and Federal Law referred to above, the parties to this transaction are seeking an attorney's, accountant's or other tax specialist's opinion concerning the effect of these laws. on this transaction or are relying on their own knowledge of these laws. The parties. to this transaction are NOT acting on or relying on any statements made or omitted by the escrow holder, title officer, or other closing officer with respect to tax reporting or withholding requirements. SELLER'S INMALS: BUYER'S INITIALS: Page 5 of 5 Pages 6-0 0 LIST OF EXHIBITS EXHIBIT "A-1" - LEGAL DESCRIPTION OF BRINDLE PROPERTY EXHIBIT."A-2" - MAP OF BRINDLE PROPERTY - EXHIBIT "B-1" - LEGAL DESCRIPTION OF THOMAS PROPERTY EXHIBIT "B-2" - MAP OF THOMAS PROPERTY EXHIBIT "C-1" - LETTER FROM CITY TO THOMAS EXHIBIT 11C-2" - LETTER FROM CITY TO BRINDLE EXHIBIT "D" - ACCESS EASEMENT EXHIBIT "E" - BRINDLE RIGHT-OF-WAY DEED EXHIBIT "F" - THOMAS RIGHT-OF-WAY DEED EXHIBIT "G" - BRINDLE CONSTRUCTION LICENSE EXHIBIT "H" - THOMAS CONSTRUCTION LICENSE EXHIBIT "I" - STORM DRAIN EASEMENT EXHIBIT "J-1" - QUITCLAIM DEED NO. 1 EXHIBIT "J-2" - COPELAND LEASE ROYALTIES ASSIGNMENT EXHIBIT "K-1" - QUITCLAIM DEED NO. 2 EXHIBIT "K-2" - AGREEMENT AND GRANT OF SLANT DRILLING RIGHTS EXHIBIT "L". - QUITCLAIM DEED NO. 3 EXHIBIT "M" - NOTE EXHIBIT "N" - DEED OF TRUST EXHIBIT "0" -. BRINDLE PROPERTY RECONFIGURATION EXHIBIT "P" - THOMAS LANDSCAPING EASEMENT EXHIBIT "Q" - TOWER 5 AND McCALL 9 OIL WELL SITES EXHIBIT "R" - ESCROW HOLDER'S GENERAL PROVISIONS F:\REAL\673\15115001.\SETTLENT.AGT - rev 07/20/93 HOLLY-SEACLIFF AREA OF BENEFIT DISTRICT REPORT FINAL REPORT APPENDIX A: HOLLY-SEACLIFF COST REIMBURSEMENT FOR EXCESS CAPACITY, PREPARED BY BOYLE ENGINEERING, OCTOBER 8, 1998, (APPENDIX F ONLY, HOLLY-SEACLIFF BRIEFING #3) FOR THE CITY OF HUNTINGTON BEACH MARCH 20, 2002 MuniFinancial A W 1 LLDAN COM PAN Y Corporate Office Regional Office 28765 Single Oak Drive, Suite 200 1736 Franklin Street, Suite 450 Temecula, California 92590 Oakland, CA 94612 Tel: (800) 755-MUNI (6864) Tel: (510) 832-0899 Fax: (909) 699-3460 www.muni.com Fax: (510) 832-0898 Appendix F ' Holly/Seacliff Briefing #3 for the City of Huntington Beach • Holly/Seacliff Construction Financing Committee May 20, 1997 OC-S08-009-07/kjb/R-HOLLY.DOC ROVLE llylSeacl ff Study Briefing #3 by Boyle Engineering Victor Opincar, PE Regional Vice President for the City of Huntington Beach Holly/Seacliff Construction Financing Construction Committee May 20,1997 �J riefing Agenda ❖ November 1990 Development Agreement.-- Reimbursementfor Future -Development • - *:• Sewer Reimbursement ❖ Storm Drain Reimbursement •:� Water Reimbursement ❖ Arterial Road Reimbursement ❖ Alternative Cost Reimbursement Methodologies 0 �A E oelopment eement "City shall use its best efforts" or reimbursement _ rom .future development served by any facility... ❖ Sewer e• Storm Drains e• Water ❖Arterial Streets ❖ Non -Domestic Water �• Fire and Police ewer eimbursement ❖ sewer facilities constructed are somewhat different then presented in prior studies e• Major cost item was relocation of sewerage pumping station at Go'thard - Existing Flows - No Future Development - No reimbursement Agreement was executed ❖ One Truck Sewer provides excess capacity 0 arm Drain mbursement arm Drain facilities constructed are somewhat different then presented in 41 ❖ .Walden analysis did not consider capacity for upstream flows - Downstream development must accommodate upstream drainage - Upstream drainage. is from "built -out" areas - No reimbursement ❖ One Storm Drain provides � excess capacity ester .0 mbursement Developer was given option to provide the following in lieu" of paying connection -- ------ fees: - -- --- -- - Nine million gallon reservoir Associated booster stations - Water well -Transmission lines -:� In Lieu Connection Fees = $9,090,000 ❖ No excess capacity based on buy -in cost to. the City's � water system enal Roadways ibursement _Trial Roadways provide capacity based on number of lanes added -- Additional lane capacity must accommodate existing plus � Developer •:� New Roadway Lanes may have surplus capacity ❖ Additional Lanes might be required to accommodate Holly/Seacliff others ❖ Case by case analysis CITY OF HUNTINGTON BEACH HOLLY-SEACLIFF AREA SPECIFIC PLAN - TRAFFIC SYSTEMS PLAN ly 0.- IF V,A Asayse 7 W, 11 IrGARF1ELD AVENUE • ;'' EDWARDS STREET TO GOLDENWEST STREET existing+ developer+ - 2 LANE - 4 LANE UNDIVIDED 0 - 4 LANE DIVIDED 0 - 6 LANE DIVIDED . movm EnwriwR/na CORPORAT/Gn I I VAKr l i=LIJ A4V =IM C °. GOLDENWEST STREET TO GOTHARD STREET Ong+_de,�ero 24,800 existing+ HSO 21.000 -g LAIN u old" D - 4 LANE D-6LANE BOVLF W7=V7eMMA76 =MARORFMM" II I PARFIELD AVENUE GOTHARD STREET TO MAIN STREET existing + developer + 30 S00 existing+ develop - 4 LANE UNDIVIDED exisfing 0 - 4 LANE DIVIDED • t L MMVLff 6/7&WWWR//7G CORPORFIT/d/7 I I GOLDENWEST STREET • '"'. ELLISAVENUE TOGARFtELDAVENUE W a M -i O sing + developer+ h 32,500 existing + developer 26,100 existing+ HSO - 4 LANE U existing D - 4 LANE I MMvLB 4CORPOMM77 I'7 1 1 GOLDENWEST STREET • '�; � GARFIELD AVENUE TO YORKTOWN AVENUE 35100 exis6ng+ develoi existing + HSO 20,000 - 4 LANE U e*fing 20.600 - A I AN;; • movm enain&vmjnG CORP0MA"-r/Olf .7 • EDWARDS STREET ELLIS AVENUE TO GARFIELD AVENUE + developer+ -2 t 1 ROW E EI7MMEMMM CON1R0R"77O/7 j j r1 GOTHARD STREET ' ELLIS AVENUE TO GARFIELD AVENUE + HSO - 4 LANE UNDIVIDED I NOWE E/7G/r7EER//7G CORPORAT/On I I • W- 0 edule •: April 15,1997 CFC review of past reports as benchmarks ••• Mid -May — Review of preliminary analysis for excess capacity and cost allocations. ❖ May 20,1997 CFC -Excess capacity and cost allocations ❖ �une,1997 Meeting with Developer to resolve cost allocations ❖ August,1997 -Completion 0 Appendix F Holly/Seacliff Briefing #3 for the City of Huntington Beach Holly/Seacliff Construction Financing Committee May 20, 1997 CC-S08-009-07/kjb/R-HOLLY.DOC 13OWLE llylSeacliff Study Briefing #3 by Boyle Engineering 10" jo. Victor Opincar, PE Regional Vice President for the City of Huntington Beach Holly/Seacliff Construction Financing Construction Committee May 20,1997 • rz efing Agenda ❖ November 1990 Development Agreement - Reimbursement for Future -Development W.... ❖ Sewer Reimbursement ❖ Storm Drain Reimbursement •:� Water Reimbursement ❖ Arterial Road Reimbursement ❖ Alternative Cost Reimbursement Methodologies 0 O__ 0 evelopment greement. "City shall use its best efforts" br reimbursement _ rom ,future development served by any facility... ❖ Sewer .• Storm Drains ❖ Water •s Arterial Streets ❖ Non -Domestic Water e• Fire and Police ewer eimbursement VP sewer facilities constructed .:. are somewhat different then presented in prior studies e• Major cost item was � . relocation of sewerage pumping station at Gothard . - Existing Flows - No Future Development - No reimbursement Agreement was executed ❖ One Truck Sewer provides excess capacity orm Drain imbursement arm Drain facilities constructed are somewhat different then presented. in �r1or stu es .*.**,.Walden analysis did not consider � capacity for upstream flows - Downstream development must accommodate upstream drainage - Upstream drainage is from 'built -out" areas - No reimbursement ❖One Storm Drain provides � excess capacity titer :'snbursement Developer was given option to -provide the following "in lieu" of paying connection ---- fees: -- - - Nine million gallon reservoir - Associated booster stations - Water well - Transmission lines -:• In Lieu Connection Fees = $9,070,000 e• No excess capacity based on buy -in cost to the water system aerial Roadways imbursem'en't ,lerial Roadways provide capacity based on number of lanesadded A - Additional lane capacity must accommodate existing plus Developer ❖ New Roadway -Lanes may have surplus capacity ❖ Additional Lanes might be required to accommodate Holly/Seacliff others ❖ Case by case analysis C, •ICITY OF HUNTINGTON BEACH ` < HOLLY-SEACUFF AREA SPECIFIC PLAN -TRAFFIC SYSTEMS PLAN II H V,A A3cwLe coRPaAFMrion GARFIELD AVENUE • .:' EDWARDS STREET TO GOLDENWEST STREET c '1 U LL �e • + aeverooer+ exsting + - 2 LANE UNDIVIDED existing -4 LANE UNDIVIDED D - 4 LANE DIVIDED n - a i Amr ni%nncn sawLE E/ &MBERIMS CORPORFirlon GARFIELD AVENUE ` GOLDENWEST STREET TO GOTHARD STREET 33,900 existlng+ developer+ 30100 existing + develops JO 24,800 existing + HSO • V �i 21000 e&Ung H II 20,000.4 LANE U exisffng (j 30,000 - 4 LANE Q 45,000 - 6 LANE V W Z 1 MOWff 6r16//7eePP1n6 CORPOP?M77M/'7 1 I PARFIELo AVENUE GOTHARD STREET TO MAIN STREET c existing + developer+ 30,500 a&Una + develam - 4 LANE U existing n.AIANP - 6 LANE DIVIDED • f304�LE E/76/�7EERI/7G CORPORFIT/O/7 I � L w I GOLDENWEST STREET • `"': ELLIS AVENUE TO GARFIELD AVENUE 2 F' V a v w z G� existing + HSO - 4 LANE UNDIVIDED existing D -4 LANE DIVIDED MOWS E�7G/IfEER//7G CORPORflT/0/7 GOLDENWEST STREET • '� _) GARFIELD AVENUE TO YORKTOWN AVENUE c� existing+ developer+ 32,600 existing + develops 25.200 existing+ HSO 0- -4 LANE UNDIVIDE GA* 0.4 LANE DIVIDED 0 ROWE E1701MER/I7G CORPORAT1017 • , II EDWARDS STREET ELIISAVENUE TO GARFIELD AVENUE + developer+ IVA 7 NOW E Ef70//7EWMInO CORPORRT/O/7 GOTHARD STREET ELLis AVENUE To GARFIELD AVENUE • - 4 LANE UNDIVIDED NOW E17MIrIOEMIMW COMPRO"AlrlOn 1: edule ❖,: A.12ri115,1997 ` CFC review of past reports as benchmarks •:• Mid -May Review of preliminary analysis for excess capacity and cost allocations ❖ May 20,1997 CFC - Excess capacity and cost allocations ❖June, 1997 Meeting with Developer to resolve cost allocations ❖ Aujzust,1997 _Completion .7