HomeMy WebLinkAboutGOTHARD PACIFIC LLC - 2002-02-19CITY OF HUNTINGTON BEACH
2000 MAIN STREET
CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/
REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH
DATE: April 9, 2002
TO: Heffernan and Boortz ATTENTION: John B. Heffernan, Esq.
Name
26 Corporate Plaza, Suite 100 DEPARTMENT:
Street
Newport Beach, CA 92660 REGARDING: Encroachment Agreement
City, state, zip Gothard Pacific LLC
See Attached Action Agenda Item E-14 Date of Approval 2 / 19 / 02
Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item.
(sZ�Remarks:
�
Connie Brockway
City Clerk
Attachments: Action Agenda Page
x Agreement
x
Bonds
Insurance
RCA
Deed
Other
CC: R. Beardsley
DPW
x
x
Name
Department
RCA
Agreement
Insurance
Other
J. Flynn
DPW
x
x
Name
Department
RCA
Agreement
Insurance
Other
K. Justen
Fire
x
x
Name
Department
RCA
Ageement
Insurance
Other
Name
RCA
Agreement
Insurance
Other
Department
Name
Department RCA
Insurance
(Telephone: 714-536-5227 )
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Attn: City Clerk
•
Recorded in Official Records, County of Orange
Darlene Bloom, Interim Clerk Recorder
IIIIIII!!IIIIIIIIIIIII!IIIIII!II IIIIIIIIII IIIII I!IIIIIIII NO FEE
2002024141410:50am 03/25/02
116 45 Al2 13
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
(Space above for recorder)
This Agreement is recorded at the request and
for the benefit of the City of Huntington Beach.,
and is exempt from the payment of fees
pursuant to Government Code Section 6103.
ENCROACHMENT AGREEMENT
This Encroachment Agreement ("Agreement"), dated this '19t4 day -of
February , 200, 2 (the "effective date") by and between the City of Huntington
Beach ("City"), a municipal corporation and charter law city of the State of California, and
Gothard Pacific LLC, a California limited liability company ("Gothard Pacific"), more
particularly as follows:
RECITALS
A. City is the owner of record of that certain parcel of improved real property located
at 18311 Gothard Street, in Huntington Beach, California (the "City Parcel"), and legally
described as follows:
0 1 agree/encroach gothard/g/31/01
1
"The South 320.00 feet of the Northwest one -quarter of the
Southeast one -quarter of the Northwest one -quarter of
Section 35, Township 5 South, Range 11 West, San
Bernardino Base and Median.
EXCEPTING THEREFROM one-half of all minerals, oil,
gas, sephaltum, brea, and other hydrocarbon substances
lying below a depth of 500 vertical feet below the surface
of said land without the right to enter upon the surface of
said land, except upon the Westerly 50 feet of the Easterly
70 feet of the Southerly 50 feet thereof, as set forth in the
Deed from Robert H. Larsen and wife, recorded September
11, 1950, in book 2069, page 166, Official Records, and in
the Quitclaim Deed recorded February 6, 1964, in book
6913, page 899, Official Records."
B. Gothard Pacific is the owner of record of that certain parcel of improved real
estate located at 18411 Gothard Street, in Huntington Beach, California (the "Gothard Pacific
Parcel"), and legally described as follows:
"Parcel 1, in the City of Huntington Beach, County of
Orange, State of California, as shown on a map filed in
Book 223, Pages 23 and 24 of Parcel maps, in the Office of
the County Recorder of said County."
C. The City Parcel has been improved by the construction of several buildings, and
related facilities, and is used by City as the site of a fire station/joint powers training facility;
D. The Gothard Pacific Parcel has been improved by the construction of a large
industrial building and is being used by Gothard Pacific as the site of a general use facility;
E. The City Parcel and the Gothard Pacific Parcel abut each other; the City Parcel
being situated to the immediate north of the Gothard Pacific Parcel;
F. The City Parcel and the Gothard Pacific Parcel, since they abut each other, share a
common property line; said common property line lying on the southern border of the City
Parcel and the northern border of the Gothard Pacific Parcel (the "Common Property Line");
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•
G. Approximately 25 years prior to the effective date of this Agreement, exact date
unknown, City constructed a block wall, approximately 300 feet in length, running in a easterly -
westerly direction, near the Common Property Line, but on what it thought was its own property
(the "Block Wall");
H. In approximately March of 1998, City constructed a fire station/butler-type
building on the City Parcel; with the fascia along the southwesterly and southeasterly edges of
the building protruding to a point City thought was on its side of the Common Property Line (the
"Protruding City Building Fascia");
I. By letter to the City dated April 30, 1998, Gothard Pacific, based on the results of
a survey it commissioned, informed the City that a portion of the Block Wall, as well as the
Protruding City Building Fascia, were encroaching onto and over the Gothard Pacific Parcel;
J. In July of 1998, the City, through its Engineering Department, conducted its own
survey, a copy of which is attached hereto as Exhibit -A and.. incorporated herein by reference;- - -
which study verified the results of Gothard Pacific's survey;
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
City acknowledges that in the past, and at the present time, a portion of the Block
Wall, as well as the Protruding City Building Fascia, has encroached, and is encroaching, onto
and over the Gothard Pacific Parcel.
2. Under the terms and conditions set forth in Paragraphs 3 through 8 of this
Agreement, Gothard Pacific consents to the future encroachment of a portion of the Block Wall,
as well as the Protruding City Building Fascia, onto and over the Gothard Pacific Parcel.
3. From and after the effective date of this Agreement, Gothard Pacific, on one
hundred eighty (180) days prior written notice to the City, for any reason, may demand, on either
0 1 agree/encroach gothard/9/4/01
•
either one or two occasions, that the City, at its own cost and expense, remove that portion of the
Block Wall, and/or the Protruding City Building Fascia, from the Gothard Pacific Parcel. In this
regard, Gothard Pacific, as part of said demand or demands, grants the City, and its officers,
employees or agents, the temporary and limited right, without payment of any compensation by
City, to enter upon the Gothard Pacific Parcel to effect the removal or either or both of these
encroachments.
4. If the future continued presence of the Block Wall, and/or Protruding City
Building Fascia, whether directly, indirectly or for any reason, physically damages, or is a
contributing factor in causing physical damage to, the Gothard Pacific Parcel, or any portion
thereof, City, at its own cost and expense, shall repair the physical damage to the Gothard Pacific
Parcel, or any portion thereof, to the reasonable satisfaction of Gothard Pacific.
5. City may, at any time subsequent to the effective date of this Agreement, with at
least five (5) days' prior _written notice to-Gothard Pacific;- and -at its own cost and expense, -may
elect to remove the entire Block Wall, that portion of the Block Wall that encroaches onto and
.over the Gothard Pacific Parcel and/or the Protruding City Building Fascia. In this regard,
Gothard Pacific grants the City, and its officers, employees or agents, the temporary and limited
right, without payment of any compensation by City, to enter upon the Gothard Pacific Parcel to
effect the removal of the entire Block Wall, that portion of the Block Wall that encroaches onto
and over the Gothard Pacific Parcel, and/or the Protruding City Building Fascia. City may effect
the removal of said encroachments in one act or several acts. City shall bear the expense of
repairing any damage to the remainder of the Gothard Pacific Parcel caused, directly or
indirectly, by City's act or acts of removing said encroachments.
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6. Subsequent to the effective date of this Agreement, City agrees to indemnify,
defend and hold harmless Gothard Pacific, its officers, employees and agents, from and against
all third party actions, claims and/or lawsuits for bodily injury, death, or property damage, which
are due, directly or indirectly, to the continued presence of the encroaching portion of the Block
Wall, and/or the Protruding City Building Fascia, onto and over the Gothard Pacific Parcel.
"Third party action," as used herein, shall include an action, claim or lawsuit by one of Gothard
Pacific's employees.
7. Gothard Pacific knowingly and voluntarily waives any right it may have, whether
past, present or future, to claim any monetary compensation against the City, under any theory of
recovery, up to and including the effective date of this Agreement, due to the past and present
existence of the encroaching portion of the Block Wall, and/or the Protruding City Building
Fascia, onto and over the Gothard Pacific Parcel.
8. Subsequent to the effective_date.of this Agreement; and so -long -as the City is -in
compliance with all applicable terms and conditions of this Agreement, Gothard Pacific
knowingly and voluntarily waives any right it may have, to claim any monetary compensation
against the City, under any theory of recovery, due to the continued existence of that portion of
the Block Wall, and/or the Protruding City Building Fascia, that encroaches onto and over the
Gothard Pacific Parcel.
9. City, as used in this Agreement, shall mean and include its officers, employees
and agents. Gothard Pacific, as used in this Agreement, shall also mean and include its officers,
employees and agents.
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10. The provisions of this Agreement shall run with the land; that is, with the City
Parcel and with the Gothard Pacific Parcel, and shall bind the heirs, assigns, transferees and
successors -in -interest of both the City Parcel and the Gothard Pacific Parcel.
11. Either party to this Agreement may record it at the Recorder's Office of the
County of Orange.
12. Notices required under this Agreement shall be either personally served or sent by
regular, first-class mail, as follows:
To the City
Gail Hutton, Esq.
City Attorney
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
To Gothard Pacific
John B. Heffernan, Esq.
Heffernan and Boortz
26 Corporate Plaza, Suite 100
Newport Beach, CA 92660
13. Each party shall bear its respective attorney's fees and court costs should any
legal action or proceeding (including arbitration) be brought to enforce, interpret or construe any
part or provision of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by and through their authorized officers on the day, month and year first above written.
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on
GOTHARD PACIFIC, LLC, a California
Limited Liability Company
iII
U Ake f ftz 2 N"
print name
ITS:
Co - M A-w .a S t=- 2
AND
print name
ITS: (circle one) Secretary/Chief Financial Officer/Asst.
Secretary - Treasurer
REVIEWED AND APPROVED:
,✓r
Cit Administrator
CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of
California
Lay), &11�
Mayor
ATTEST
City Clerk 3
APPROVED/ ASJO FORM: 1w
rw City Attorney
T AND APPRO D:
Director of Public Works
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7
STATE OF CALIFORNIA 1
1ss.
COUNTY OF ORANGE )
On October 19, 2001, before me, E.J. Say, personally appeared John Heffernan,
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 he acknowledged to me that
he executed the same in his authorized capacity(ies), and that by his signature(s) on the
instrument, the person, or the entity upon behalf of which the person acted, executed the
instrument.
WITNESS my hand and official seal.
EJ.SA�
19— — — —. Commotion Y 12971330
NotesPuCdlc - Caltfamb
Orange County
My ComrR 6�ies (Nor t 9, aioo�i
(Seal)-
N y blic
CALIFORNIA ALL-PURP(A ACKNOWLEDGMENT •
State of
County of
On e�0,;7-%_ before me, 'lr ��/ i��� �C),Z //d
Dat6 Name and Title of Officer (e.g., "Jane Doe, Nota ublic")
personally appeared
Name(s) of Signer(s)
❑ personally known to me - OR -proved to me on the basis of satisfactory evidence to be the person(}
whose names) is/are subscribed to the within instrument
and acknowledged to me that4te/she/they executed the
same M44a/her/their authorized capacityoesj, and that by
hie/her/ bak signatureW on the instrument the person(s},
or the entity upon behalf of which the person4acted,
VIRGINIA R. MELTON executed the instrument.
CommhsTon # 1290579
Notay PubBc - Caltfando f
1§9NVCwm8&0p1wjan1 2XI51
Orange County
WITNESS my hand and official seal.
Signature of Notary PVblic
OPT/O AL
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: /K
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
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Individual
Corporate Officer
Title(s):
Partner — ❑ Limited ❑ General
Attorney -in -Fact
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RIGHT THUMBPRINT
OF SIGNER
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Signer's Name:
Number of Pages: %
Individual
Corporate Officer
Title(s):
Partner — ❑ Limited ❑ General
Attorney -in -Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing
RIGHT THUMBPRINT'
OF SIGNER
.. of . here
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
CALIFORNIA ALL-PURPOR ACKNOWLEDGMENT •
State of
County of e!�2ie g4,1G-E /
On /ii/� ��6I ,before me, � �1-��%//���L?8/li /�/407;1��
Date N Name and Title of Officer (e.g., "Jane Doe, Nota Public")
personally appeared
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Name(s) of
}Apersonally known to me — OR — ❑ proved to me on the basis of satisfactory evidence to be the persor*&)-
whose names) is/arasubscribed to the within instrument
and acknowledged to me that befshe/they executed the
same in-hie/her/t#eir authorized capacitykiee), and that by
_Ws/her/their signature * on the instrument the person*,
VIRGIor the entity upon behalf of which the persons} acted,
Commission
R. 129057ELTON executed the instrument.
Commission # 1290573
Notary Public - Colifomia ='
Orange County WITNESS my hand and official seal.
NlyCiomm.E ion la2,(M
Signature of Nota ublic
OPT/O IAL
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 Docu
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
EN
El
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❑
Individual
Corporate Officer
Title(s):
Partner — C Limited ❑ General
Attorney -in -Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing
RIGHT THUMBPRINT
OF SIGNER
... her
C, Number of Pages: 7
Signer's Name:
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❑
❑
Individual
Corporate Officer
Title(s):
Partner — C Limited ❑ General
Attorney -in -Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing
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
J• O City of Huntington Beach
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Council/Agency Meeting Hem
Deferred/Continued to:
❑ Conditionally Approved_ 0 Denied j, W,&tyZler�'� Signature
Council Meeting Date: February 19, 2002 1 - Department ID Number: PW-02-007
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION ti
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS --?--
C?J
SUBMITTED BY: RAY SILVER, City Administrator62. �'' �
PREPARED BY: ROBERT F. BEARDSLEY, Director of Public Work off+'
MICHAEL P. DOLDER, Fire Chief/Information Systems D' toll'
SUBJECT: APPROVE ENCROACHMENT AGREEMENT FOR PROPERTIES AT
18311 AND 18411-18421 GOTHARD STREET
Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s)
Statement of Issue: Gothard Pacific, LLC, the owners of properties located at 18311 and
18411-18421 Gothard Street, has agreed to enter into an agreement with the City for existing
public facilities that encroach upon private property.
Funding Source: No funding is required.
Recommended Action: Motion to: Approve the encroachment agreement between the City
of Huntington Beach and Gothard Pacific, LLC, for properties located at 18311 and 18411-
18421 Gothard Street, and authorize the Mayor and City Clerk to sign the agreement.
Alternative Action(s): Deny approval of the encroachment agreement between the City
and Gothard Pacific, LLC, for properties located at 18311 and 18411-18421 Gothard Street.
Analysis: On April 30, 1998, a letter was sent to the City from Mr. John Heffernan, the co-
manager of the property located at 18411-18421 Gothard Street, owned by Gothard Pacific,
LLC, of Newport Beach. It stated that a site survey conducted as part of a real estate
transaction indicated that the City encroached upon the property line between its property at
18411-18421 Gothard Street and 18311 Gothard Street, where Fire Station No. 1-Gothard is
located. The survey showed that the City's block wall rests on the property line, and the
fascia of the butler -type building constructed by the City extends across the property line and
is situated flush against the building owned by Gothard Pacific, LLC.
On July 23, 1998, a City survey team confirmed that the block wall does rest on the property
line and the butler -type building does encroach over the property line. Options considered
included: (1) entering into an encroachment agreement between the two property owners, or
(2) removing approximately 300 feet of the block wall, and cutting back the fascia of the
butler -type building. The fascia was installed for aesthetic reasons, and is not part of the
structural support for the building.
RM S'T FOR COUNCIL ACTIA
MEETING DATE: February 19, 2002 DEPARTMENT ID NUMBER: PW-02-007
Analysis (Continued):
Mr. Heffernan indicated that Gothard Pacific, LLC, wished to continue the positive
relationship between. his company and the City and was not looking to make structural
modifications, but wanted to work out a long-term mutual resolution. He has asked the City
to assume maintenance and replacement responsibility should damage occur due to the
encroachment. He has requested that these issues be formalized in an Encroachment
Agreement (Attachment #1).
Environmental Status: Not applicable
Attachment(s):
RCA Author: J. Jones/Beardsley/Justen/Dolder
-2-
•
ATTACHMENT #1
I& CITY OF HUNTINGTON BEACH
IL 2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
March 7, 2002
County Clerk -Recorder
P. 0. Box 238
Santa Ana, CA 92702
Enclosed please find Encroachment Agreement to be recorded and returned to the City of
Huntington Beach, Office of the City Clerk, 2000 Main Street, Huntington Beach, CA 92648.
Please return a conformed copy of Encroachment Agreement when recorded to this office in the
enclosed self-addressed stamped envelope.
Connie Brockway, CIVIC
City Clerk
Enclosures
g:/followup/misc... doc Encroachment Agreement — Gothard Pacific, LLC
(Telephone: 714-536.5227 )
•
RECORDING REQUESTED BY )
AND WHEN RECORDED MAIL TO: )
City of Huntington Beach )
2000 Main Street )
Huntington Beach, CA 92648 )
Attn: City Clerk )
(Space above for recorder)
This Agreement is recorded at the request and
for the benefit of the City of Huntington Beach
and is exempt from the payment of fees
pursuant to Government Code Section 6103.
ENCROACHMENT AGREEMENT
This Encroachment Agreement ("Agreement"), dated this . 19t1; day of
February , 2002 (the "effective date") by and between the City of Huntington
Beach ("City"), a municipal corporation and charter law city of the State of California, and
Gothard Pacific LLC, a California limited liability company ("Gothard Pacific"), more
particularly as follows:
RECITALS
A. City is the owner of record of that certain parcel of improved real property located
at 18311 Gothard Street, in Huntington Beach, California (the "City Parcel"), and legally
described as follows:
0 1 agree/encroach gothard/8/3 1 /01
• .•
"The South 320.00 feet of the Northwest one -quarter of the
Southeast one -quarter of the Northwest one -quarter of
Section 35, Township 5 South, Range 11 West, San
Bernardino Base and Median.
EXCEPTING THEREFROM one-half of all minerals, oil,
gas, sephaltum, brea, and other hydrocarbon substances
lying below a depth of 500 vertical feet below the surface
of said land without the right to enter upon the surface of
said land, except upon the Westerly 50 feet of the Easterly
70 feet of the Southerly 50 feet thereof, as set forth in the
Deed from Robert H. Larsen and wife, recorded September
11, 1950, in book 2069, page 166, Official Records, and in
the Quitclaim Deed recorded February 6, 1964, in book
6913, page 899, Official Records."
B. Gothard Pacific is the owner of record of that certain parcel of improved real
estate located at 18411 Gothard Street, in Huntington Beach, California (the "Gothard Pacific
Parcel"), and legally described as follows:
"Parcel 1, in the City of Huntington Beach, County of
Orange, State of California, as shown on a map filed in
Book 223, Pages 23 and 24 of Parcel maps, in the Office of
the County Recorder of said County."
C. The City Parcel has been improved by the construction of several buildings, and
related facilities, and is used by City as the site of a fire station/joint powers training facility;
D. The Gothard Pacific Parcel has been improved by the construction of a large
industrial building and is being used by Gothard Pacific as the site of a general use facility;
E. The City Parcel and the Gothard Pacific Parcel abut each other; the City Parcel
being situated to the immediate north of the Gothard Pacific Parcel;
F. The.City Parcel and the Gothard Pacific Parcel, since they abut each other, share a
common property line; said common property line lying on the southern border of the City
Parcel and the northern border of the Gothard Pacific Parcel (the "Common Property Line");
01agree/encroach gothard/8/31/01 2
G. Approximately 25 years prior to the effective date of this Agreement, exact date
unknown, City constructed a block wall, approximately 300 feet in length, running in a easterly -
westerly direction, near the Common Property Line, but on what it thought was its own property
(the "Block Wall");
H. In approximately March of 1998, City constructed a fire station/butler-type
building on the City Parcel; with the fascia along the southwesterly and southeasterly edges of
the building protruding to a point City thought was on its side of the Common Property Line (the
"Protruding City Building Fascia");
I. By letter to the City dated April 30, 1998, Gothard Pacific, based on the results of
a survey it commissioned, informed the City that a portion of the Block Wall, as well as the
Protruding City Building Fascia, were encroaching onto and over the Gothard Pacific Parcel;
J. In July of 1998, the City, through its Engineering Department, conducted its own
survey, a copy of which is attached hereto as Exhibit A and incorporated herein by reference;
which study verified the results of Gothard Pacific's survey;
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
City acknowledges that in the past, and at the present time, a portion of the Block
Wall, as well as the Protruding City Building Fascia, has encroached, and is encroaching, onto
and over the Gothard Pacific Parcel.
2. Under the terms and conditions set forth in Paragraphs 3 through 8 of this
Agreement, Gothard Pacific consents to the future encroachment of a portion of the Block Wall,
as well as the Protruding City Building Fascia, onto and over the Gothard Pacific Parcel.
3. From and after the effective date of this Agreement, Gothard Pacific, on one
hundred eighty (180) days prior written notice to the City, for any reason, may demand, on either
0 1 agree/encroach gothard/9/4/01
• V
either one or two occasions, that the City, at its own cost and expense, remove that portion of the
Block Wall, and/or the Protruding City Building Fascia, from the Gothard Pacific Parcel. In this
regard, Gothard Pacific, as part of said demand or demands, grants the City, and its officers,
employees or agents, the temporary and limited right, without payment of any compensation by
City, to enter upon the Gothard Pacific Parcel to effect the removal or either or both of these
encroachments.
4. If the future continued presence of the Block Wall, and/or Protruding City
Building Fascia, whether directly, indirectly or for any reason, physically damages, or is a
contributing factor in causing physical damage to, the Gothard Pacific Parcel, or any portion
thereof, City, at its own cost and expense, shall repair the physical damage to the Gothard Pacific
Parcel, or any portion thereof, to the reasonable satisfaction of Gothard Pacific.
5. City may, at any time subsequent to the effective date of this Agreement, with at
least five (5) days' prior written notice to Gothard Pacific, and at its own cost and expense, may
elect to remove the entire Block Wall, that portion of the Block Wall that encroaches onto and
over the Gothard Pacific Parcel and/or the Protruding City Building Fascia. In this regard,
Gothard Pacific grants the City, and its officers, employees or agents, the temporary and limited
right, without payment of any compensation by City, to enter upon the Gothard Pacific Parcel to
effect the removal of the entire Block Wall, that portion of the Block Wall that encroaches onto
and over the Gothard Pacific Parcel, and/or the Protruding City Building Fascia. City may effect
the removal of said encroachments in one act or several acts. City shall bear the expense of
repairing any damage to the remainder of the Gothard Pacific Parcel caused,. directly or
indirectly, by City's act or acts of removing said encroachments.
0 1 agree/encroach gothard/g/3 1 /01 4
0 .0
6. Subsequent to the effective date of this Agreement, City agrees to indemnify,
defend and hold harmless Gothard Pacific, its officers, employees and agents, from and against
all third party actions, claims and/or lawsuits for bodily injury, death, or property damage, which
are due, directly or indirectly, to the continued presence of the encroaching portion of the Block
Wall, and/or the Protruding City Building Fascia, onto and over the Gothard Pacific Parcel.
"Third party action," as'used herein, shall include an action, claim or lawsuit by one of Gothard
Pacific's employees.
7. Gothard Pacific knowingly and voluntarily waives any right it may have, whether
past, present or future, to claim any monetary compensation against the City, under any theory of
recovery, up to and including the effective date of this Agreement, due to the past and present
existence of the encroaching portion of the Block Wall, and/or the Protruding City Building
Fascia, onto and over the Gothard Pacific Parcel.
8. Subsequent to the effective date of this Agreement, and so long as the City is in
compliance with all applicable terms and conditions of this Agreement, Gothard Pacific
knowingly and voluntarily waives any right it may have, to claim any monetary compensation
against the City, under any theory of recovery, due to the continued existence of that portion of
the Block Wall, and/or the Protruding City Building Fascia, that encroaches onto and over the
Gothard Pacific Parcel.
9. City, as used in this Agreement, shall mean and include its officers, employees
and agents. Gothard Pacific, as used in this Agreement, shall also mean and include its officers,
employees and agents.
0 1 agree/encroach gothard/8/3 1 /01
•
•
10. The provisions of this Agreement shall run with the land; that is, with the City
Parcel and with the Gothard Pacific Parcel, and shall bind the heirs, assigns, transferees and
successors -in -interest of both the City Parcel and the Gothard Pacific Parcel.
11. Either party to this Agreement may record it at the Recorder's Office of the
County of Orange.
12. Notices required under this Agreement shall be either personally served or sent by
regular, first-class mail, as follows:
To the City
Gail Hutton, Esq.
City Attorney
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
To Gothard Pacific
John B. Heffernan, Esq.
Heffernan and Boortz
26 Corporate Plaza, Suite 100
Newport Beach, CA 92660
13. Each party shall bear its respective attorney's fees and court costs should any
legal action or proceeding (including arbitration) be brought to enforce, interpret or construe any
part or provision of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by and through their authorized officers on the day, month and year first above written.
Olagree/encroach gothard/g/31/01 6
•
.•
GOTHARD PACIFIC, LLC, a California
Limited Liability Company
11.1
v � o t�-•� �1-e F Fri a n►.a-,J
print name
ITS: (
Co - M A-w .a g to A -
AND
By:
print name
ITS: (circle one) Secretary/Chief Financial Officer/Asst.
Secretary - Treasurer
REVIEWED AND APPROVED:
t.. 8
Cit Administrator
CITY -OF HUNTINGTON BEACH, a
municipal corporation of the State of
California
ATTEST:
City Clerk
APPROVED ASJO FORM:
ti
, J'ov
6,� City Attorney
T AND APPRO D:
Director of Public Works
0 1 agree/encroach gothard/8/3 1 /01
STATE OF CALIFORNIA )
)ss.
COUNTY OF ORANGE )
On October 19, 2001, before me, E.J. Say, personally appeared John Heffernan,
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 he acknowledged to me that
he executed the same in his authorized capacity(ies), and that by his signature(s) on the
instrument, the person, or the entity upon behalf of which the person acted, executed the
instrument.
WITNESS my hand and official seal.
EISAY
Commisdon # 12978M
1@T.Notary Public - Callfomta
Cmnge County
IMpCMMEViMM0r19.=
(Seal)
i
IN 4yg blic
CALIFORNIA ALL-PURPO&CKNOWLEDGMENT •
State of 4,91/ F o 1- Al /.4
County of _ /
On U before me, -6- //J 1--* A 7`d/z/ lovd ,
Da Name and Title of Officer (e.g., 'Jane Doe, Nota ublic')
personally appeared
Signer(s)
❑ personally known to me — OR --><proved to me on the basis of satisfactory evidence to be the persons}
whose nam*) is/are subscribed to the within instrument
and acknowledged to me that4te/she/tbsy executed the
same in,09e/her/t.13ok authorized capacity(iesj, and that by
-hie/herffi3a i' signature(s) on the instrument the person(f+,,
or the entity upon behalf of which the person(4 acted,
VIRGINIA L MELTON executed the instrument.
ctoeMnis M � 149 M =
Nolay Public - Ccffik rdlo
Qnzw Camiy
LWC mrt a0=jan1&Z05
WITNESS my hand and official seal.
Signature of Notary P lic
OPT10 AL
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: /K
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
e
11
El
Individual
Corporate Officer
Title(s):
Partner — ❑ Limited ❑ General
Attorney -in -Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing:
RIGHT THUMBPRINT
OF SIGNER
6•77 -- /`fir ep e' -� r--;7T
L GL or
);20L-. Number of Pages:
Signer's Name:
e
El
❑
❑
Individual
Corporate Officer
Title(s):
Partner — ❑ Limited ❑ General
Attorney -in -Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing:
RIGHT THUMBPRINT
OF SIGNER
.. of thumb here
01995 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
CALIFORNIA ALL-PURPO&CKNOWLEDGMENT •
State of
County of
On Z.2_�6b,7,before me, 7'101�'�
Date Name and Title of Officer (e.g., "Jane Doe, Notal Public")
personally appeared
Name(s) of
personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the persons) -
whose names) is/are-subscribed to the within instrument
and acknowledged to _me that UeEshe/t4fay executed the
same in4is/her/tMk authorized capacity4*9), and that by
-bWher/tJ;eit- signature* on the instrument the persons ,
or the entity upon behalf of which the person4* acted,
INI VIRGA R. MELTON executed the instrument.
Commission 1290573
Notay Public - Califomlo
omw County WITNESS my hand and official seal.
A*Cw m-80wjan1M2M5
k�
Signature of Nota ublic
OPTID IAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Individual
Corporate Officer
Title(s):
Partner — ❑ Limited ❑ General
Attorney -in -Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing:
RIGHT THUMBPRINT
OF SIGNER
of thumb here
L Number of Pages: �7
Signer's Name:
a
Individual
Corporate Officer
Title(s):
Partner — ❑ Limited General
Attorney -in -Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing:
RIGHT THUMBPRINT
OF SIGNER
®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
EXHIBIT A'
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w`ly Fucia of Frc S-kavlon 8140 BAS lr\A-o h3g11 6 46A •Z-1 of Encrogckmtrjl;lAe'l
RCA ROUTING SHEET
INITIATING DEPARTMENT:
PUBLIC WORKS
SUBJECT:
Approve Encroachment Agreement
18311, & 18411-18421 Gothard Street
COUNCIL MEETING DATE:
February 19, 2002
RCA ATTACHMENTS
:STATUS
Ordinance (w/exhibits & legislative draft if applicable)
Not Applicable
Resolution (w/exhibits & legislative draft if applicable)
Not Applicable
Tract Map, Location Map and/or other Exhibits
Not Applicable
Contract/Agreement (w/exhibits if applicable)
(Signed in full by the City Attome
Attached
Subleases, Third Party Agreements, etc.
(Approved as to form by City Attorney)
Not Applicable
Certificates of Insurance (Approved by the City Attorney)
Not Applicable
Financial Impact Statement (Unbudget, over $5,000)
Not Applicable
Bonds If applicable)
Not Applicable
Staff Report If applicable)
Not Applicable
Commission, Board or Committee Report If applicable
Not Applicable
Findings/Conditions for Approval and/or Denial
Not Applicable
.... . ...... . ..... . .. .....
EXPLANATION FOR'MISSING ATTACHMENTS
• • u s •
RCA Author: J. Jones/Beardsley/Justen/bolder