HomeMy WebLinkAboutMacerich Real Estate Co/Macerich Calif Assoc - 1987-06-15 REQUEA FOR CITY COUNCIPACTION
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Date June 4, 1987
Submitted to: Honorable Mayor and City Council
Submitted by: Charles Thompson, City Administrator
Prepared by: Paul Cook, Director of Public Works _
Subject: Easement and Maintenance Agreement for____ t�Owned Property
Adjacent to Huntington Center APP$pYED gy CITy COUNCIL
Consistent with Council Policy? [X] Yes [ ] New Policy or Exc tion ]9'----
Statement of Issue, Recommendation,Analysis, Funding Source,Alterna 1 �15�LERK lu
Statement of Issue :
The developer of Huntington Center, the MacDonald Group, constructed
a box culvert in place of an open channel in city owned property. An
easement and maintenance agreement is necessary to define the respec-
tive responsibilities .
Recommendation:
Approve and execute the easement and maintenance agreement between the
city and the MacDonald Group.
Analysis :
As part of the expansion of Huntington Center, the developer was
required to provide additional parking spaces . In order to
accommodate him, the city allowed the construction of a box culvert
in place of the open channel at his expense . Since the box culvert,
parking, etc . is located in city owned property, an easement and
maintenance agreement is needed.
Funding:
N/A
Alternative Action:
Do not execute this agreement and negotiate another one .
CWT:PEC :WAP : lw
I
P10 5/85 y
RECORDING REQUESTED BY:
87 528707, RED IN OFFICIAL RECORDS
City of Huntington Beach ffEXE:MPT Or. ANGE COUNTY, CALIFORNIA
WHEN RECORDED C 1:3:] 3—�5 P101 SO 18 '87
RETURN TO: COUNTY
Office of the City Clerk
2000 'lain Street This t
Huntington Beach, CA 92643 Of E'0161Y for the
' f the City
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contem-
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EASEMENT AND MAINTENANCE AGREEMENT BETWEEN THE CITY OF
HUNTINGTON BEACH AND MACDONALD GROUP LIMITED
PARTNERSHIP FOR CITY OWNED PROPERTY ADJACENT
TO THE HUNTINGTON CENTER
THIS EASEMENT AND MAINTENANCE AGREEMENT entered into this
day of 5 uLi-e- -, 1987 by and between the CITY OF HUNTINGTON
BEACH, a municipal corporation of the State of California,
hereinafter referred to as "CITY" , and MACDONALD GROUP LIMITED.
PARTNERSHIP, a California limited partnership, hereinafter
referred to as "DEVELOPER" .
WHEREAS, CITY is the owner of that certain real property,
hereinafter referred to as "CITY PARCEL, " located in the City of
Huntington Beach, County of Orange, State of California, as more
particularly described in "Exhibit A" attached hereto and
incorporated by reference herein; and
DEVELOPER along with certain other parties is the owner of
that certain real property, hereinafter referred to as "SHOPPING
CENTER, " located in the City of Huntington Beach, County of
Orange, State of California, as more particularly described in
"Exhibit B" attached hereto and incorporated by reference herein;
and
The CITY currently operates and maintains a flood control
channel , hereinafter referred to as the "Channel" , over and across
the CITY PARCEL; and
1 .
I
The DEVELOPER has removed and replaced the Channel with a
box culvert, hereinafter referred to as the "Box Culvert" , and
constructed and provided parking, landscaping and other
improvements, said parking, landscaping and other improvements
hereinafter collectively referred to as the "Improvements" , on the
Box Culvert and the CITY PARCEL, all pursuant to plans and
specifications , . hereinafter referred to as "Plans" , on file in the
Public Works Department of CITY for channel reconstruction from
station 1 + 47 .69 to station 4 + 67 . 68 , sheets 1 and 2 ; and
In consideration of DEVELOPER constructing and installing
the Box Culvert and the Improvements , CITY desires to grant to
DEVELOPER certain non-exclusive easement rights and to set forth
the CITY 'S obligation to maintain the Box Culvert and the
DEVELOPER'S obligation to maintain the Improvements, all as more
particularly set forth below.
NOW THEREFORE, iri, consideration of the foregoing Recitals,
the mutual covenants and agreements contained herein, and for
other good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged, and subject to all terms and
conditions hereof, DEVELOPER and CITY agree as follows :
1 . GRANT OF NON-EXCLUSIVE EASEMENT
CITY hereby grants to Developer a non-exclusive
easement , hereinafter referred to as the "Developer Easement, " on,
over , through and across the CITY PARCEL. The Developer Easement
is for the removal of the Channel; the construction of the Box
Culvert and the Improvements; the maintenance, upkeep and repair
of the Improvements; the parking of vehicles; and for vehicular
2 .
8l- 707
and pedestrian ingress to and egress from the CITY PARCEL by
DEVELOPER, its respective officers, partners, directors,
employees, agents, contractors , customers , visitors , invitees,
licensees; concessionaires and any person or entity from time to
time entitled to the use and occupancy of the Shopping Center or
any portion thereof under any lease, deed or other instrument or
arrangement . .
2 . MAINTENANCE OF BOX CULVERT
CITY covenants and agrees that it will maintain the
Box Culvert .
3 . RECONSTRUCTION OF BOX CULVERT
CITY covenants and agrees that in the event the Box
Culvert is damaged or destroyed by earthquake, fire, or other
natural disaster , CITY, at its sole cost and expense, shall
restore the Box Culvert to a condition equal to or greater than
its condition immediately preceding such damage or destruction.
Such restoration by CITY shall be: (a) completed pursuant to
plans and specifications reasonably approved by DEVELOPER; (b)
performed in a good and workmanlike manner in conformance with all
applicable laws and regulations; (c) commenced and completed with
all due diligence; and (d ) subject to all other covenants ,
conditions, restrictions and agreements contained in this
Agreement .
4 . MAINTENANCE OF IMPROVEMENTS
DEVELOPER covenants and agrees to maintain the
Improvements , in conformance with all applicable laws and
regulations , at its sole cost and expense.
3 .
87-08707
5 . COVENANTS TO RUN WITH THE LAND
The Developer Easement granted pursuant to the
provisions hereof and all other covenants, conditions ,
restrictions and agreements ( the "Covenants" ) contained herein
shall be deemed and construed to be covenants running with the
land , for the benefit of the SHOPPING CENTER, and the SHOPPING
CENTER shall be the dominant estate and the CITY PARCEL shall be
the servient estate .
6 . RECORDING OF THIS AGREEMENT
This Agreement shall be recorded with the County
Recorder of Orange County, California.
7 . TERM OF AGREEMENT
This agreement shall become effective upon the date that
it is recorded in the official records for Orange County and shall
continue in effect in perpetuity, provided that should the
developer fail to perform its obligations as contained herein to
the CITY 's reasonable satisfaction, CITY may notify
DEVELOPER, pursuant to the notice provision of this agreement of
any breach and DEVELOPER shall commence action to cure the
deficiency within thirty ( 30 ) days of such notice and complete the
action in a diligent manner and within a reasonable time .
8 . BINDING ON SUCCESSORS
This Agreement , including the Developer Easement and the
Covenants granted herein, shall be binding upon and shall insure
to the benefit of the successors, assigns, executors,
administrators, heirs and legal representatives of the parties
hereto.
4 .
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8T' c8T��
9 . DEVELOPER'S COVENANT OF INDEMNITY
DEVELOPER hereby agrees to defend, indemnify and hold
harmless CITY, ( for purposes of this section the term "CITY"
includes officers, employees and servants of the City of
Huntington Beach) from any and all loss, damage, cost , expense ,
liability, claims, demands or judgments arising directly or
indirectly out of the performance of this agreement , regardless of
the active or passive nature of any negligence by CITY except
when such liability arises from the sole negligence or wrongful
misconduct of CITY. This agreement extends to cover the actions
and omissions of third parties as well as those of DEVELOPER and
CITY. DEVELOPER will defend all suits to which this section
applies at the sole cost and expense of DEVELOPER when requested
by CITY and any reasonable costs of defense or attorney 's fees
incurred by CITY in enforcing this obligation will be reimbursed
to CITY or may be awarded to CITY by a court of competent
jurisdiction .
10 . INSURANCE
DEVELOPER shall at all times while this Agreement is
in effect , on all operations to be performed hereunder, provide
bodily injury and property damage liability insurance coverage
including automotive bodily injury damage liability insurance,
underwritten by insurance companies in forms satisfactory to the
City Attorney .for all operations and all owned vehicles and
non-owned vehicles . Said insurance policies shall name CITY,
its officers, agents and employees as determined by the CITY as
additional insureds . DEVELOPER shall subscribe for and maintain
said insurance
5 .
�5c.8
policies in full force and effect during the life of this
Agreement, in an amount of not less than One Million Dollars
($1 ,000 ,000 ) combined single limit coverage.
The requirement for carrying the foregoing insurance shall
not derogate from the provisions for indemnification of CITY by
DEVELOPER under Section 9 of this agreement . The City Attorney
shall at all times have the right to demand the original or a copy
of all said policies of insurance . DEVELOPER shall pay, in a
prompt and timely manner , the premiums on all insurance
hereinabove required .
11 . ENTIRE AGREEMENT
This Agreement contains the entire agreement between the
parties respecting the matters herein set forth and supersedes all
prior agreements between the parties respecting such matters .
12 . COUNTERPARTS
This Agreement may be executed in any number of
counterparts , each of which shall be deemed an original , but all
such counterparts together shall constitute but one agreement .
13 . ATTORNEY 'S FEES ARISING FROM BREACH OF THIS AGREEMENT
If any party obtains a judgment against any other by
reason of a breach of this Agreement, reasonable attorneys ' fees
as fixed by the Court shall be included in such judgment . This
provision only applies to attorney ' s fees arising from a breach of
this Agreement, and in no way lessens or derogates from
DEVELOPER'S obligation and covenants set forth in paragraphs 9
and 10 above.
6 .
• $ (-
14 . NO PUBLIC DEDICATION
The Developer Easement is private and shall not
constitute a dedication for public use of the interest in real
property conveyed nor create any rights in the general public
whatsoever .
15 . NOTICES
Any notice or other communication required or permitted
to be given upon either party to this Agreement shall be in
writing and shall be sent by registered or certified mail , postage
prepaid, return receipt requested . If the notice is mailed
pursuant to this paragraph it will be deemed delivered five (5 )
days after being deposited in a post office mail box or other
facility regularly maintained by the United States postal service.
The address for either party to this agreement may be changed
at any time by giving written notice as provided by this paragraph .
If to DEVELOPER: G. L. MACDONALD, INC. ,
10100 Santa Monica Boulevard
Suite 2400
Los Angeles , California 90067
If to CITY: The City of Huntington Beach
2000 Main Street
Huntington Beach, California 92648
ATTENTION: Public Works Engineering
Division
16 . ENFORCEABILITY OF COVENANTS
All of the Covenants contained herein shall be construed
together; provided, however , that if it shall at any time be held
that any one of such Covenants or any portion thereof is invalid
or for any reason becomes unenforceable, no other Covenant
contained herein shall be affected or impaired thereby. The
7 .
C7
87-087
failure to enforce any of the Covenants to which the CITY PARCEL
or any part thereof is subject shall in no event be deemed a
waiver of the right to do so thereafter or thereafter to enforce
any other Covenant contained herein. Each and all of the
Covenants contained in this Agreement shall be enforceable by
injunction or by any other appropriate cause or causes of action.
17 . MODIFICATIONS OF AGREEMENT
This Agreement may not be modified, waived or terminated
except by written instrument subscribed to by all the parties
hereto.
IN WITNESS WHEREOF , THIS EASEMENT AND MAINTENANCE AGREEMENT
has been executed by the undersigned the day and year first above
written.
DEVELOPER: MACDONALD GROUP CITY OF HUNTINGTON BEACH,
LIMITED PARTNERSHIP, a unicipal c rporation
By : G. L. MACDONALD, INC. ,
a California corporation ,
its general partner
By . _—
By:
ATTEST: APPRO/VEg AS FORM:
City Clerk �d CiW Attorney ?E
REVIE ND APPROVED: INITIATED AND APPR D:
C ty- AclKinistrjKor Director of Public Works
8 .
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss :
On this day of —JoNe— , 19?7 , before me, a
Notary Public in and for said County and State, personally
appeared '3r'CX {ta.lw , known to me to be the Mayor
and _���� Al. yiyE,�,�uja4*. , known to me to be the
City Clerk of the City of Huntington Beach, the municipal
corporation that executed the within instrument , known to me to be
the persons who executed the within instrument on behalf of said
municipal corporation and acknowledged to me that such municipal
corporation executed the same.
C
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LWAYORNIANotary Pub11c10, 1989
9.
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STATE OF CALIFORNIA )
SS
COUNTY OF LOS ANGELES )
On 7 7 before me, the
and re signed, a Notary Publ- and for said State, person-
ally appeared ( AA �(�s `C - eeC'4{'-
personally known to me or proved to me on the basis of
satisfactory evidence to be the person who executed the
within instrument as the President, and
(4 0 -joI( ). /71a(� IS0/,(Ct ( , personally known to me or
proved to me on the basis of satisfactory evidence to be the
person who executed the within instrument as the
Secretary of G.L. MACDONALD, INC. , a
California corporation, the corporation that executed the
within instrument on behalf of MACDONALD GROUP LIMITED
PARTNERSHIP, a California limited partnership the partner-
ship that executed the within instrument, and acknowledged
to me that such corporation executed the same as such
partner and that such partnership executed the same.
WITNESS my hand and official seal.
OFFICIAL SEAL Notary Public
BEULAH M. ORTIZ
NOTARY PUBLIC-CALIFORNIA
PRINCIPAL OFFICE IN
LOS ANGELES COUNIV
I-La- My Commission Exp.Apr.13,I=
10.
0
87--5`8TC?
EXHIBIT A
DESCRIPTION OF CITY PARCEL
THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST
QUARTER OF SECTION 14, TOWNSHIP 5 SOUTH, RANGE 11 WEST,
S. B. B. AND M. , IN THE CITY OF HUNTINGTON BEACH, COUNTY
OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
Beginning at a point in the Northerly line of--
the Southwest quarter of the Southeast quarter of
said Section 14, Township 5 South, Range 11 West,
S. B. B. and M. said point being in a line that is
parallel with and 15 feet Easterly, measured at right
angles from the West line of the Southeast quarter
of said Section 14; thence Southerly, along said
parallel line, 150 feet, more or less, to the South
line of that certain parcel of land described in the
deed to Southern California Edison Company, recorded
on October 15, 1956 in Book 3675, page 63, of Offi-
cial Records in the office of the County Recorder of
said County; thence Easterly along said South line
L. a point in a line that is parallel with and 45
feet Easterly, measured at right angles, fr= the
West line of the Southeast quarter of said Section
14; thence Northerly along said last mentioned parallel
line, to a point in a tangent curve concave South-
easterly, Navin$ a radius of 71 feet and a central
angle of 90 00 00" and a length of 111.53 feet,
said last mentioned point being 71 feet Southerly,
measured along said last mentioned parallel line,
from the Northerly line of the Southwest quarter of
the Southeast quarter of said Section 14; thence North-
easterly, along said curve 111.53 feet, more or less,
-to a point in said last mentioned Northerly line,
said point being 116 feet Easterly from the North-
west corner of the Southwest quarter of the South-
east quarter of said Section; thence Westerly along
said Northerly line 101 feet to the point of beginning.
SUBJECT to an easement for sanitary sewer purposes
as granted by Southern California Edison Company to
Orange Co-snty Sanitation District No. 3, dated October
2, 1959, and recorded in Book 4935, page 280, of Offi-
cial Records in the office of the County Recorder of
said County.
ALSO SUBJECT town easement for a distribution
electric line as granted by Leila James Wharton to
Southern Cs:lifornia Edison Company, dared August 22,
1952, and recorded in Book 3146, page 107, of Official
Records in the office of the County Recorder of said
County.
ALSO SUBJECT to covenants, conditions, restrictions,
*reservations, exceptions, encumbrances, rights and
easements affecting the abo.e described property
whether of record or not, including but not limited
to those herein referred to.
EXHIBIT A
Page 1
87-5"87G7
TOGETHER WITH that certain parcel between Center
Drive and 150 foot Southern California Edison right-of-way
more particularly described as follows:
THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST
QUARTER OF SECTION 14, TOWNSHIP 5 SOUTH, RANGE 11 WEST, IN
THE RANCHO LA BOLSA CHICA, CITY OF HUNTINGTON BEACH, COUNTY
OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK
i
51, PAGE 13, OF MISCELLANEOUS MAPS, I14 4HE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF THE SAID NORTHWEST
QUARTER OF THE SOUTHEAST QUARTER OF SECTION 14; THENCE SOUTH
89029130" EAST 365.12 FEET ALONG THE SOUTHERLY LINE OF SAID
NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 14 TO
THE NORTHEASTERLY CORNER OF PARCEL 2 AS DESCRIBED IN THAT
CERTAIN ROAD EASEMENT TO THE CITY OF HUNTINGTON BEACH
RECORDED MAY 11, 1973 IN BOOK 10692, PAGE 415 OF OFFICIAL
RECORDERS IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY, SAID CORNER BEING A POINT IN A NON-TANGENT CURVE
CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 36.00 FEET A
RADIAL LINE TO SAID POINT BEARS NORTH 79053149" WEST, SAID
POINT ALSO BEING THE TRUE POINT OF BEGINNING; THENCE
NORTHEASTERLY AND EASTERLY ALONG SAID CURVE THROUGH A CENTRAL
OF 80024'19" AN ARC DISTANCE OF 50.52 FEET TO A POINT IN A
LINE THAT IS PARALLEL WITH AND 30.00 FEET SOUTHERLY OF,
MEASURED AT RIGHT ANGLES FROM THE CENTERLINE OF CENTER DRIVE;
THENCE SOUTH 89029'30" EAST 329.98 FEET ALONG SAID PARALLEL
LINE TO THE BEGINNING OF A TANGENT CURVE CONCAVE
SOUTHWESTERLY AND HAVING A RADIUS OF 470.00 FEET; THENCE
SOUTHEASTERLY ALONG SAID CURVE, SAID CURVE BEING 30.00 FEET
SOUTHWESTERLY OF AND CONCENTRIC WITH THE SAID CENTERLINE OF
CENTER DRIVE THROUGH A CENTRAL ANGLE OF 14004112", AN ARC
DISTANCE OF 115.42 FEET TO THE BEGINNING OF A REVERSE CURVE
CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 530.00 FEET, A
RADIAL LINE TO SAID CURVE BEARS SOUTH 14034142" WEST; THENCE
EXHIBIT A
Page 2
81-5 -87C?
SOUTHEASTERLY AND EASTERLY ALONG SAID CURVE, SAID CURVE BEING
30.00 FEET SOUTHWESTERLY OF AND CONCENTRIC WITH THE SAID
CENTERLINE OF CENTER DRIVE THROUGH A CENTRAL ANGLE OF
14004'12", AN ARC DISTANCE OF 130.15 FEET TO A POINT IN SAID
SOUTHERLY LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST
QUARTER OF SECTION 14; THENCE TANGENT TO SAID CURVE NORTH
89029'30" WEST 607.58 FEET TO THE TRUE POINT OF BEGINNING.
AREA 14,245t SQUARE FEET
SEE EXHIBIT A, PAGE 4 ATTACHED HERETO
EXHIBIT A
Page 3
C^r1 1 Q i 1 A , Page 4
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EXHIBIT B
DESCRIPTION OF SHOPPING CENTER
PARCEL I
THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION I%, TOWNSHIP S SOUTH, RANGE 11 HEST, IN THE RANCHO LA BOLSA
CMICA, CITY OF MVNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA,
AS PER MAP RECORDED IN BOOK $1, PAGE 13, OF MISCELLANEOUS MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT WHICH IS SOUTH 19 DEGREES 29 MINUTES, 30 SECONDS
EAST 45.00 FEET ALONG THE SOUTH LINE Of SAID SECTION AND NORTH 0 DEGREES
19 MINUTES, 00 SECONDS EAST $0.00 FEET FROM THE SOUTH QUARTER CORNER OF
SAID SECTION 14; THENCE SOUTH 89 DEGREES 29 MINUTES 30 SECONDS EAST
ALONG A LINE WHICH IS PARALLEL WITH AND $0.00 FEET NORTHERLY, MEASURED
AT RIGHT ANGLES, FROM THE CENTER LINE OF EDINGER AVENUE, BEING ALSO THE
SOUTH LINE Of THE SOUTHEAST QUARTER OF SAID SECTION 14, A DISTANCE Of
466.61 FEET; THENCE AT RIGHT ANGLES, NORTH 0 DEGREES 30 MINUTES 30
SECONDS EAST 403. 20 FEET; THENCE AT RIGHT ANGLES, SOUTH 19 DEGREES 29
MINUTES, 30 SECONDS EAST 172.56 FEET; THENCE AT RIGHT ANGLES, NORTH 0
DEGREES 30 MINUTES, 30 SECONDS EAST 379.00 FEET; THENCE AT RIGHT ANGLES,
NORTH 19 DEGREES 29 MINUTES, 30 SECONDS WEST 172.56 FEET; THENCE AT
RIGHT ANGLES NORTH 0 DEGREES 30 MINUTES, 30 SECONDS EAST 338.61 FEET TO
A POINT IN THE SOUTHERLY LINE OF THE 150.00 FOOT WIDE EDISON COMPANY
RIGHT-OF-WAY; THENCE ALONG SAID SOUTHERLY LINE, NORTH 19 DEGREES, 29
MINUTES, 30 SECONDS WEST 470.36 FEET TO A POINT IN THE EASTERLY LINE
OF A 30.00 FOOT WIDE EASEMENT FOR FLOOD CONTROL AS CONVEYED TO THE
CITY Of HUNTINGTON BEACH BY DEED RECORDED OCTOBER 17, 1962 IN BOOK
6217, PAGE 541, OFFICIAL RECORDS; THENCE ALONG SAID EASTERLY LINE,
SOUTH 0 DEGREES 19 MINUTES, 00 SECONDS WEST 1120.82 FEET TO THE
POINT OF BEGINNING.
EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PARCEL:
BEGINNING AT A POINT WH1CH'IS SOUTH 19 DEGREES 29 MINUTES 30 SECONDS
EAST 4S.00 FEET ALONG THE SOUTH LINE OF SAID SECTION AND NORTH 0 DEGREES
19 MINUTES 00 SECONDS EAST $0.00 FEET FROM THE SOUTH QUARTER CORNER OF
SAID SECTION 14; THENCE SOUTH 19 DEGREES 29 MINUTES 30 SECONDS EAST
ALONG A LINE WHICH IS PARALLEL WITH AND 50.00 FEET NORTHERLY, MEASURED
At RIGHT ANGLES, FORM THE CENTER LINE OF EDINGER AVENUE, BEING ALSO THE
SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 14, A DISTANCE OF
466.61 FEET; THENCE AT RIGHT ANGLES, NORTH 0 DEGREES 30 MINUTES 30
SECONDS EAST 403.20 FEET; THENCE AT RIGHT ANGLES, SOUTH 19 DEGREES
29 MINUTES 30 SECONDS EAST 172.56 FEET; THENCE AT RIGHT ANGLES, NORTH
0 DEGREES 30 MINUTES 30 SECONDS EAST 379.00 FEET TO THE TRUE POINT OF
BEGINNING; THENCE AT RIGHT ANGLES, NORTH 19 DEGREES 29 MINUTES 30
SECONDS WEST 19.5= FEET TO A POINT ON THE EASTERLY LINE OF AN EXISTING
BUILDING LINE PRODUCED NORTHERLY; THENCE SOUTHWESTERLY ALONG SAID
EASTERLY BUILDING LINE PRODUCED AND SAID BUILDING 169.00 FEET; THENCE
SOUTH 19 DEGREES 29 MINUTES 30 SECONDS EAST 19.5= FEET TO A POINT IN
THE AFORESAID MENTIONED COURSE HAVING A BEARING AND DISTANCE OF NORTH
0 DEGREES 30 MINUTES 30 SECONDS EAST 379.00 FEET; THENCE NORTH 0 DEGREES
30 MINUTES 30 SECONDS EAST 169.00 FEET TO THE TRUE POINT OF BEGINNING.
EXHIBIT B
Page 1
F 2/`.:/87
3/V '97
87-5c8707
TOGETHER WITH
PARCEL II
THAT PORTION OF THE SOUTH HALF OF THE SOUTHEAST QUARTER Of SECTION 14,
TOWNSHIP S SOUTH, RANGE •11 WEST, IN THE RANCHO LA BOLSA CMICA, CITY Of
HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK S1, PAGE 13 OF MISCELLANEOUS MAPS, iN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTHERLY LINE OF THE EXISTING EDINGER
AVENUE, FORMERLY KNOWN AS SMELTZER AVENUE, NORTH 0 DEGREES 30 MINUTES
30 SECONDS EAST $0.00 .FEET AND NORTH 19 DEGREES 29 MINUTES 30 SECONDS
WEST 12S1 .00 FEET FROM THE SOUTHEAST CORNER OF SAiD SECTION 14; THENCE
NORTH 0 DEGREES 30 MINUTES 30 SECONDS EAST 389. 12 FEET; THENCE SOUTH
89 DEGREES 29 MINUTES 30 SECONDS EAST 25.00 FEET; THENCE NORTH 0 DEGREES
30 MINUTES 30 SECONDS EAST 218.00 FEET; THENCE NORTH 89 DEGREES 29 MINUTES
30 SECONDS WEST 25.00 FEET; NORTH 0 DEGREES 30 MINUTES 30 SECONDS EAST
513.69 FEET TO THE SOUTHERLY LINE OF THE NORTHERLY 1SO.00 FEET OF SAID
SOUTH HALF; THENCE ALONG SAID SOUTHERLY LINE NORTH 89 DEGREES 29 MINUTES
30 SECONDS 1393.05 FEET TO THE WEST LINE OF SAID SOUTH HALF; THENCE
SOUTH 0 DEGREES 19 MINUTES 00 SECONDS WEST 1120.82 FEET TO A POINT ON
SAID NORTHERLY LINE OF EDINGER AVENUE; THENCE ALONG THE NORTHERLY LiNE
OF EDINGER AVENUE, SOUTH 19 DEGREES 29 MINUTES 30 SECONDS EAST 1389.30
FEET TO THE POINT TO BEGINNING.
EXCEPT THAT PORTION THEREOF LYING WESTERLY OF THE FOLLOWING DESCRIBED
LiNE; BEGINNING AT A POINT WHICH IS SOUTH 89 DEGREES 29 MINUTES 30
SECONDS EAST 45.00 FEET ALONG THE SOUTH LINE OF SAiD SECTION AND NORTH
0 DEGREES 19 MINUTES, 00 SECONDS EAST $0.00 FEET FROM THE SOUTH QUARTER
CORNER OF SAiD SECTION 14; THENCE SOUTH 19 DEGREES 29 MINUTES 30 SECONDS
EAST ALONG A LiNE WHICH iS PARALLEL WITH AND $0.00 FEET NORTHERLY,
MEASURED AT RIGHT ANGLES, FROM THE CENTER LINE Of EDINGER AVENUE, BEING
ALSO THE SOUTH LiNE OF THE SOUTHEAST QUARTER OF SAID SECTION 14, A
DISTANCE OF 466.61 FEET; THENCE AT RIGHT ANGLES, NORTH 0 DEGREES 30
MINUTES 30 SECONDS EAST 403.20 FEET; THENCE AT RIGHT ANGLES, SOUTH 19
DEGREES 20 MINUTES, 30 SECONDS EAST 172.56 FEET; THENCE. AT RIGHT ANGLES
NORTH 0 DEGREES 30 MINUTES 30 SECONDS EAST 210.00 FEET; THENCE AT RIGHT
ANGLES, NORTH 39 DEGREES 29 MINUTES 30 SECONDS WEST 19.5= FEET TO A
POINT ON THE EASTERLY LINE- OF AN EXISTING BUILDING; THENCE NORTHEASTERLY
ALONG SAID BUILDING LINE AND SAID LINE PRODUCED NORTHEASTERLY 169.00
FEET; THENCE NORTH 89 DEGREES 29 MINUTES, 30 SECONDS WEST 153.06 FEET;
THENCE AT RIGHT ANGLES -NORTH 0 -DEGREES 30 MINUTES, 30 SECONDS EAST
338.61 FEET.
THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER Of
SECTION I%, TOWNSHIP S SOUTH, RANGE 11 WEST, PARTLY IN THE RANCHO LAS
OOLSAS, PARTLY IN THE RANCHO LA OOLSA C14ICA, ALL IN THE CITY OF
HUNTINGTON BEACH, COUNTY OF ORANGE, STATE Of CALIFORNIA, AS PER MAP
RECORDED iN BOOK $1, PAGE 13, OF MISCELLANEOUS MAPS, IN THE OFFICE
OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTHERLY LINE OF THE EXISTING EDINGER
AVENUE, FORMERLY KNOWN AS SMELTZER AVENUE, NORTH 0 DEGREES 30 MINUTES
30 SECONDS EAST 50.00 FEET AND NORTH 19 DEGREES 29 MINUTES 30 SECONDS
WEST 741 .50 FEET FROM THE SOUTHEAST CORNER Of SAID SECTION 14; THENCE
NORTH 0 DEGREES 30 MINUTES 30 SECONDS EAST 111. 12 FEET; THENCE NORTH
19 DEGREES 29 MINUTES 30 SECONDS WEST 167.2% FEET; THENCE NORTH 0
EXHIBIT B
9aoe 2
R i�/87
r 87-5c8707
DEGREES 30 MINUTES 30 SECONDS EAST 349.69 FEET TO THE SOUTHERLY LINE
OF THE NORTHERLY 150.00 PEST OF SAID SOUTHEAST QUARTER OF THE SOUTH-
EAST QUARTER; THENCE SOUTH 19 DEGREES 29 MINUTES 30 SECONDS EAST
ALONG SAID SOUTHERLY LINE 111.11 FEET TO A NON-TANGENT CURVE CONCAVE
TO THE SOUTHWEST HAVING A RADIUS OF 304.00 FELT, A RADIAL LINE M
SAID POINT BEARS NORTH 43 DEGREES 16 MINUTES 29 SECONDS EAST; THENCE
SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 12 DEGREES
01 MINUTES 06 SECONDS, AN ARC DISTANCE OF 105.12 FEET; THENCE SOUTH
34 DEGREES 42 MINUTES 25 SECONDS EAST 209.7$ FEET; THENCE SOUTH 31
DEGREES $7 MINUTES 27 SECONDS EAST 249.92 FEET TO A NON-TANGENT
CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 300.00 FEET, A
RADIAL LINE TO SAID POINT BEARS SOUTH 75 DEGREES 14 MINUTES %0 SECONDS
WEST; THENCE SOUTHEASTERLY ALONG SAID CURVE T1I1I000M A CENTRAL ANGLE
OF SO DEGREES S1 MINUTES $1 SECONDS, AN ARC DISTANCE OF 166.95 FEET;
THENCE SOUTH 65 DEGREES 44 MINUTES 11 SECONDS EAST 233.07 FEET; THENCE
SOUTH 3S DEGREES IS MINUTES 31 SECONDS EAST 16.02 FEET TO A LINE
PARALLEL WITH AND WESTERLY 39.00 FEET FROM THE EASTERLY LINE OF SAID
SECTION; THENCE ALONG SAID PARALLEL LINE SOUTH 0 DEGREES 19 MINUTES
42 SECONDS WEST 260.00 FEET; THENCE SOUTH 42 DEGREES I1 MINUTES $11
SECONDS WEST S3.S1 FEET TO A POINT ON SAID NORTHERLY LINE OF EDINGER
AVENUE; THENCE NORTH 19 DEGREES 29 MINUTES 30 SECONDS WEST 696.SO
FEET TO THE POINT OF BEGINNING.
TOGETHER WITH
LICENSED PARCEL
That portion of the Northerly 150 feet of the South half of the
Southeast quarter of Section 14, Township 5 South, Range 11 West,
S.B.M., in Orange Countv, California.
TOGETHER WITH
PARCEL III
THAT PARCEL OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 14, TOWNSHIP S SOUTH, RANGE 11 WEST, PARTLY IN THE RANCHO LAS
SOLSAS, PARTLY IN THE RANCHO LA BOLSA CNICA, CITY Of HUNTINGTON BEACH,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 51,
PAGE 13, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER
OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTHERLY LINE OF THE EXISTING EDINGER
AVENUE, FORMERLY KNOWN AS- SMELTZER AVENUE, NORTH 0 DEGREES 30 MINUTES
30 SECONDS EAST $0.00 FEET AND NORTH 19 DEGREES 29 MINUTES 30 SECONDS
WEST 741.50 FEET FROM THE SOUTHEAST CORNER OF SAID SECTION 14; THENCE
ALONG SAID NORTHERLY LINE NORTH 19 DEGREES 29 MINUTES 30 SECONDS WEST
$09.50 FEET; THENCE NORTH 0 DEGREES 30 MINUTES 30 SECONDS EAST 1120.81
FEET TO THE SOUTHERLY LINE OF THE NORTHERLY 150.00 FEET OF THE SAID
SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER, THENCE SOUTH 19 DEGREES
29 MINUTES 30 SECONDS EAST ALONG SAID SOUTHERLY LINE 3►2.26 FEET;
THENCE SOUTH 0 DEGREES 30 MINUTES 30 SECONDS WEST 349.69 FEET; THENCE
SOUTH 19 DEGREES 29 MINUTES 30 SECONDS EAST 167.24 FEET; THENCE SOUTH
0 DEGREES 30 MINUTES 30 SECONDS WEST 771. 12 FEET TO THE POINT OF
BEGINNING.
EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PARCEL
EXHIBIT B
Faae 3
R 2;9/>'7
3/r.•'
BEGINNING AT A POINT ON THE SOUTHERLY LINE OF SAID SOUTHEAST QUARTER
NORTH 19 DEGREES 29 MINUTES 30 SECONDS WEST 141.50 ►EET ►ROM THE
SOUTHEAST CORNER OF SAID SECTION 14, THENCE ALONG SAID SOUTHERLY LINE
NORTH 19 DEGREES 20 MINUTES 30 SECONDS WEST 509.50 FEET; THENCE NORTH
0 DEGRESS 30 MINUTES 30 SECONDS EAST 439.12 FEET TO TRUE POINT OF
BEGINNING; THENCE WOUTH 19 DEGREES 29 MINUTES 30 SECONDS EAST 25.00
FEET; THENCE NORTH 0 DEGREES 30 MINUTES 30 SECONDS EAST 211.00 FEET;
THENCE NORTH 19 DEGREES 29 MINUTES 30 SECONDS WEST 25.00 FEET; THENCE
SOUTH 0 DEGREES 30 MINUTES 30 SECONDS WEST, .218.00 FEET TO THE TRUE
POINT OF BEGINNING.
EXHIBIT B
Pace 4
R 2/9/87
3/9/87
. J
"We Make Good
Things Happen"
RECEOVED
September 14, 1987 S E P 15 1987
CITY OF
HuWrINGTON BEACH, CALIF.
Bill Patapoff, Principal Engineer
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
RE: Easement & Maintenance Agreement
'Huntington Center, Huntington Beach, CA
Dear Mr. Patapoff:
Enclosed herewith please find the Certificate of Insurance as
required by our easement agreement. As you will note, the
certificate provides insurance coverage is well within that as
required in the Easement Agreement.
Thanks for your cooperation in this matter. Please copy me on
all documentation and correspondence as it is generated.
rs truly
Patrick K. Prinster
Associate General Counsel
> fr PRPajlc
�cc" -Della .Chadwell
Tie 1�IaceR►ich Co
Mailing Address: Post Office,Box 2172 ..Santo Monica, California 90406
233 Wilshire`,tioulevard -Suite,70Q „Santa Monca, 'Califorriia 90401 94 6911
CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
Paul E. Cook Public Works Department
Director (714) 536-5431
June 23, 1987
Mr. Patrick Printer
Mace ri c h Company
P.O. Box 2172
Santa Nbnica CA 90401
Subject: Easement and Maintenance Agreement
Huntington Center (File #85-189)
Dear Mr. Printer:
Attached is the Easement and Maintenance Agreement relating
to the Huntington Center property you purchased from the
MacDonald Group. Per the agreement, you shall provide tine
City with the required insurance. Please have your insur-
ance cc)mpany complete the attached Certificate of IT,s»rance
and return it to me as soon as possible, so that the Cit;,7
Cleric can execute the agreement. You cb not have to sign
the Hold Harmless Agreement on the reverse side of the form
because the Easement Agreernent already covers this item.
If you require additional information, please call ;re at
telephone number (714) 536-5431.
Very truly yours,
Bill Patapoff
Principal Engineer
BAP:ik
attadmnent
cc: Connie Brockway, Clerk's Office
••,
ISSUE DATE (MM/DD/YY)
,�f • 8/24/87
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND,
BRI Coverage Corp EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
156 William Street
New York, NY 10038 COMPANIES AFFORDING COVERAGE
COMPAN
LETTER P yY A Insurance Company State of PA
COMPANY
INSURED LETTER B
Macerich Real Estate Company and COMPANY
Macerich California Associates, LETTER C
233 Wilshire Blvd. COMPANY
Santa Moncia, CA 90401 LETTER D
COMPANY E
LETTER
•
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUEDTO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY
BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS,AND CONDI-
TIONS OF SUCH POLICIES.
ULTOR
POLICY EFFECTIVE POLICY EXPIRATION LIABILITY LIMITS IN THOUSANDS
TYPE OF INSURANCE POLICY NUMBER OATE(MM/DD/YY) DATE(MM/DDNY) EACH
OCCURRENCE AGGREGATE
GENERAL LIABILITY
BODILY
A X COMPREHENSIVE FORM INJURY $ $
PREMISES/OPERATIONS PROPERTY
UNDERGROUND DAMAGE $ $
EXPLOSION&COLLAPSE HAZARD
PRODUCTS/COMPLETED OPERATIONS
CONTRACTUAL MP6004210 5/20/87 5/20/88 lBI&PD $1,000 $1,000
INDEPENDENT CONTRACTORS
BROAD FORM PROPERTY DAMAGE
X PERSONAL INJURY /� PERSONAL INJURY
$1,000
AUTOMOBILE LIABILITY BODILY
NJURY $
ANY AUTO IPER PERSON)
ALL OWNED AUTOS(PRIV. PASS) BODILY
OTHER THAN 1 INEuRY
ALL OWNED AUTOS PRIV PASS / PER ACCIDENT $
HIRED AUTOS PROPERTY
NON-OWNED AUTOS DAMAGE $
GARAGE LIABILITY
818PD
COMBINED $
EXCESS LIABILITY
UMBRELLA FORM BI s PD
COMBINED $ $
OTHER THAN UMBRELLA FORM
WORKERS' COMPENSATION STATUTORY
AND $ (EACH ACCIDENT)
EMPLOYERS' LIABILITY $ (DISEASE-POLICY LIMIT)
$ (DISEASE-EACH EMPLOYEE)
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS Location: Huntington Center as respects easement and
maintenance agreement. The Certificate Holder is included as an additional insured
City of Huntington Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX-
PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
MAIL (� DAYS WR EN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
Huntington Beach, CA 92643 LEFT,13 FAILURE T IL SUCH NOTICE SHAL OSE NO OBLIGATION OR LIABILITY
Attn: Public Works Engineering Div. OF ANY KIND UPO COMPANY, ITS AGE S EPRESENTATIVES.
AUTHORIZED REPR E TIVE
Y�G
CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
September 29, 1987
Huntington Center
', William Shinderman
O'Melveny & Myers
1800 Century Park West
Los Angeles, CA 90067
Enclosed is a copy of Easement and Maintenance Agreement between
the City of Huntington Beach and MacDonald Group Limited Partner-
ship for city owned property adjacent to the Huntington Center.
This agreement was approved by the City Council on June 15, 1987.
0&4 u. �E
Alicia M. Wentworth
City Clerk
AMW:bt
Enc.
(Telephone:714536-5227)
i •
;, CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
September 29, 1987
Macerich Real Estate Company and
Macerich California Associates
233 Wilshire Blvd., Suite 700
Santa Monica, CA 90401
Enclosed for your records is a copy of Easement and Maintenance
Agreement between the City of Huntington Beach and MacDonald
Group Limited Partnership for City-owned Property adjacent to
the Huntington Center. This agreement was approved by the City
Council on June 15, 1987.
Alicia M. Wentworth
City Clerk
AMW:bt
Enc.
(Telephone:714-536.5227