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HomeMy WebLinkAboutSIGNAL BOLSA CORP - 1997-01-21 OF HUNTINGTON BEAC 1- - g P R MtETING DATE: Febr ary 3, 1997 DEPARTMENT ID NUMBER: AS 96-057 Council/Agency Meeting Held: /Li/" Deferred/Continued to: - "proved Q Conditi Wally Ap r ved D Denied City Clerk's SignalVre Council Meeting Date: February 3, 1997 7 Department ID Number: AS 96-057 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL __ ACTION SUBMITTED TO: HONORABLE MAYOR/CHAIRMAN AND CITY COUNCIL MEMBERS---,- SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrator/Executiv Ir PREPARED BY: ROBERT J. FRANZ, Deputy City Administrator j SUBJECT: SIGNAL BOLSA CORPORATION EASEMENT DEED - EDWARD ST. & TALBERT AVE. Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status, Attachment(s) Statement of Issue: The City has been. acquiring Public right-of-way along Edwards Street and Talbert Avenue as part of the Holly-Seacliff Development Agreement. There are two deeds being dedicated by The Signal Bolsa Corporation. The first is being purchased by the City for $1,650 and the second is being acquired as a donation by the Signal Bolsa Corporation. Funding Source: Holly Seacliff/PLC Land Company is funding the acquisition. Recommended Action: (a) Approve and authorize the mayor and City Clerk to execute the "Donation Agreement for Right-of-Way Easement By and Between the City of Huntington Beach and Signal Bolsa Corporation" and direct the City Clerk to record same with the Orange County Recorder; and E- 7 (b) Approve and Authorize execution by the Mayor and City Clerk of the "Purchase Agreement for Right-of-Way Easement By and Between the City of Huntington Beach and RCASIGBO.DOC -2- 01/13/97 8:35 AM a tQUEST FOR COUNCIL ACON MEETING DATE: February 3, 1997 DEPARTMENT ID NUMBER: AS 96-057 Alternative Action(s): Forego this right-of-way acquisition. Analysis: The Holly-Seacliff Partners, as part of their obligation contained in the Development Agreement approved by the City, are required to fund the acquisition cost for an easement interest in properties as needed for public right-of-way. Further, as part of the same agreement, the City, through it's Real Estate Services Division acquires necessary public right-of-way from all other property owners for this same right-of-way purpose. The City is benefiting from the Signal Bolsa Corporation's donation of the easement over the Talbert parcel by receiving it prior to its contemplated transfer to a Governmental Agency where acquisition might be more.complicated and difficult. Environmental Status: n/a Attachmentls): Environmental Status: N/A Attachment(s): City Clerk's Page Number 1. Two (2) Deed Agreements 2. Map RCASIGBO.DOC -3- 01/15/97 11:15 AM v / f> t: r F �lll1lI71]Ilt,t r�•}- •r_ ..••.s +. 0 fij PAR� \� . F l• jr .�� ,�,• �fir, . 11HIA11AL i III1r f�,l �\ LL! �\.G . os Recorded in the County of Orange, California Gary. L. Granville,IIIIIIIIIIII Clerk/Recorder Fee r IIIIIIIIIIIIIIIIIIIIilllllillllllllllllllllllllllllll I�1a;�6 ,,, 05/06/97 19970210701 p 005 17003590 17 67 Al2 10 7.00 27.00 0.00 0.00 0.00 0,00 Recording Requested by, and ) when recorded return to: ) City of Huntington Beach ) 2000 Main Street, 2nd Floor ) Huntington Beach, CA 92648 ) Attention: City Clerk ) A-p *L Space above line for Recorder's use only w/OF t-bWAR 05 i �50/TA�t3E er fl✓ - —57- /�/��- PURCHASE AGREEMENT FOR OF- Wiry . RIGHT-OF-WAY EASEMENT BY AND BETWEEN Tax-Exem Pt-Govern rrlenf'Age RCy THE CITY OF HUNTINGTON BEACI-tjTy OF HUNTINGTON BEACH AND Connie Brockway, cmc SIGNAL BOLSA CORPORATION4"CitYlejrkBy: tt' City Clerk � THIS AGREEMENT is entered into this ,21d day of� , 199�, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of 1%j r California, hereinafter referred to as"City," and SIGNAL BOLSA CORPORATION, a California corporation, referred to as "Seller." WHEREAS, Seller is the fee owner of real property, hereinafter referred to as the "Property," located in the City of Huntington Beach, which property is more particularly described in the legal description attached hereto as Exhibit"A,"; and 1 This document Is solely for the official huo ness of t`:e City 4/s:PCD:Agree:Signal-1 Of Hunti.-I"1 o:i :R, centem- 10/24/96 RLS96-715 plated un or Gjvvvire.e ';t Code Sec. 6103 and should be recorded free of charger City desires an easement over the Property as shown on the map attached hereto as Exhibit "B,"; and Seller is willing to sell an easement interest in the Property to City pursuant to the terms and conditions of this Agreement, NOW, THEREFORE, based upon the terms and conditions described below,the parties agree as follows: 1. Grant of Easement. In return for City's payment to Seller of One Thousand Six Hundred Fifty Dollars ($1,650.00) and the terms and conditions set forth below, Seller grants to City a non-exclusive perpetual easement in gross (the"Easement") over, under and across the Property, subject to the terms and conditions contained in this Agreement. 2. Purpose of Easement. The Easement is for purposes of the widening of Talbert Street, and/or for public street, utility and right of way, and the construction or maintenance of such improvements thereon. 3. Maintenance Obligations. All maintenance and repairs, whether ordinary or extraordinary, capital or expense in nature of the Easement and the facilities constructed or installed thereon by City, shall be performed by City, at its sole cost and expense, in a manner and at intervals required to maintain the Easement and facilities in a first-class and safe condition at all times. 4. Character of Easement. The Easement is subject to all valid and existing licenses, leases, grants, rights, easements, exceptions, reservations, agreements, and covenants affecting the Property. Seller is granting, and City is accepting,the Easement on an"As Is" 2 4/s:PM Agree:Signal-1 10/24/96 RLS 96-715 basis, without any warranty, representation or guarantee, expressed, implied or statutory, written or oral, concerning the condition of, title to or rights affecting the Easement. 5. Compliance with All Laws. City shall, at its cost, comply with all rules, ordinances, regulations and laws applicable to its improvement, maintenance, and use of the Easement. 6. Indemnification. City shall indemnify,protect, defend and hold Seller, and its parent corporation, subsidiary corporations, and affiliated entities (together, "Indemnified Parties"), and the Indemnified Parties' agents, employees, directors, officers, attorneys,partners, representatives, successors and assigns,harmless from and/or against any and all losses, liabilities, costs, claims, damages or expenses (including, without limitation, attorney's fees and legal costs) arising from or regarding the Easement and/or City's failure to comply with any provision of this Agreement. 7. Running With The Land. The Easement granted by this Agreement, and the terms and conditions contained in this Agreement, shall run with the land comprising the Easement'and shall inure to the benefit of and be binding on the parties and their respective successors and assigns. 8. Insurance. Upon the request of Seller, City shall provide proof of self insurance reasonably satisfactory to Seller. 9. Successors and Assigns. This Agreement shall be binding upon and shall insure to the benefit of City and Seller and their respective successors and permitted assigns:- 10. No Waiver. A waiver by either party of a breach of any of the covenants, conditions or obligations under this Agreement to be performed by the other party shall not be 3 4/s:PC D:Agree:S ign al-1 10/23/96 RLS 96-715 construed as a waiver of any succeeding breach of the same or other covenants, conditions or obligations of this Agreement. 11. Notices. All notices or other communication provided for herein shall be in writing and shall be personally served or delivered by United States mail, registered or certified, return receipt requested,postage prepaid and addressed as follows: If to Seller If to City Signal Bolsa Corporation City of Huntington Beach 4343 Von Karman Avenue 2000 Main Street Newport Beach,CA 92660 Huntington Beach, CA 92648 Attention: Lawrence F. Brose Attention: Real Property Division 12. Entire Agreement. This Agreement contains the entire agreement between the parties relating to the subject matter of this Agreement. Any oral representations or modifications concerning this instrument shall be of no force and effect. This Agreement may be modified only by a written and recorded agreement signed by both parties or their respective successors or assigns. 13. Attorneys Fees. In the event at any time during the term of this Agreement either party institutes any action or proceeding, including any arbitration proceedings, against the other relating to the provisions of the Agreement or any default or alleged default hereunder,then the non-prevailing party in such action or proceeding shall reimburse the prevailing party for the reasonable costs (including court costs and attorneys' fees) incurred by such prevailing party. 14. Exhibits. All exhibits to this Agreement are incorporated in and made a part of this Agreement by reference. 4 4/s:PCD:Agree:S ignai-1 10/23/96 RLS 96-715 15. Termination of Liability. Whenever a transfer of ownership of the Seller's Property takes place,the liability of the transferor or breach of this Agreement occurring after such transfer, shall automatically terminate upon such transfer. IN WITNESS HEREOF,the parties hereto have executed this Agreement the day and year first above written. SIGNAL BOLSA CORPORATION, CITY OF HUNTINGTON BEACH, a California corporation a municipal corporation of the State of California By: c Raymond J, PAOIN Mayor `J �lSl (print name) _ _� Its. (circle.one)Chairman/Presiden ice President C_ `" ATTEST. By: 1(c, -cnQ City Clerk fl, �JS APPROVED AS TO FORM: (print name) Its: (circle on ecret hief Financial Officer/ Asst.Secretary-Treasurer 16- -q4 t ty Attorney REVIEWED AND APPROVED: E A VED: City Administrator uiymu y City Ad ni rator Exhibits: C: Legal Description of Easement D: Map of Easement 5 4/s:PCD:Agree:Signal-1 10/23/96 RLS 96-715 ".A .._ LEGAL DESCRIPTION AP #110--015- 64,65 (a Portion) BEING THAT PORTION OF THE NORTHWEST 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 PER MAP RECORDED IN BOOK 51, PAGE 13 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNT`, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEASTERLY CORNER OF TRACT NO. 7635, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THE MAP RECORDED IN BOOK 330, PAGES 30 THROUGH 33, INCLUSIVE, OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID POINT BEING THE INTERSECTION OF THE MOST SOUTHERLY LINE OF SAID TRACT NO. 7635 AND THE CENTERLINE OF EDWARDS STREET, AS Si-i0WN ON THE MAP OF SAID TRACT NO. 7635, SAID POINT ALSO BEING THE EASTERLY TERMINUS OF THAT CERTAIN COURSE DESCRIBED AS "NORTH 76034'5556" N'VES T 499.05 FEET" FOR A PORTION OF THE SOUTHERLY LINE OF SAID TRACT NO. 7635; THENCE NORTH 76034'26"WEST 41.08 FEET ALONG THE SOUTHERLY LINE OF SAID TRACT NO. 7635 TO A POINT ON A LINE PARALLEL WITH AND 40.00 FEET WESTERLY OF THE EAST LINE OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 34, SAID PARALLEL LINE ALSO BEING THE W7FST LINE OF THAT CERTAIN CORPORATION EASEMENT DEED RECORDED AUGUST 10, 1976 IN BOOK 11845, PAGE 1113 OFFICIAL RECORDS, SAID POINT BEING THE TRUE POINT OF BEGINNING; T14—ENCE LEAVING SAID SOUTHERLY LINE OF SAID TRACT NO. 7635 SOUTH 00015'54" WEST 16.34 FEET ALONG SAID PARALLEL LINE TO A POINT IN THE NORTHERLY LINE OF THAT CERTAIN CORPORATION GRANT DEED RECORDED SEP T EMBER 8, 1981 IN BOOK 14211, PAGE 1356 OFFICIAL RECORDS; THENCE ALONG SAID NORTHERLY LINEE SOUTH 3802526" WEST 37.67 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 32.00 FED, SAID CURVE BEING TANGENT TO A LINE PARALLEL WITH AND 40.00 FEET WEST ERLY FROM TF—E CENTERLINE OF EDWARDS STREET AND TANGENT TO A LIi\L PARALLEL WITHAND 5C.00 FEET SOUTHERLY FROM SAID AFOPWMEN IT10,,IED SOU'I'HERL:' LINE OF TRACT NO. 7635, A RADIAL LINE TO SAID CURVE BEARS NORTH 16°05'08" EAST; THENCE NORTHWTSTERLY 1.50 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 02040'51"; THENCE NORTH 32°3854" «'EST 72.10 FEET TO A POINT ON SAID SOUTHERLY LINE OF TRACT NO. 7635; THENCE SOUTH 76`34'26" EAST 65.63 FEE"I' ALONG SAID AFOREINIENTIONED SOUTHERLY LINE OF SAID T RACT NO. 7635 TO TH-F- TRUE POINT OF BEGINNING. CONTAINING AN AREA OF 0.043 ACRES, MORE OR LESS. A SKETCH ATTACHED HERETO AND .JADE A PART HEREOF. ALDEN & LEGAL DESCRIPTION • n u B OAP # 110.015.64, 65 (a portion) ✓ Zvi 33 /VIz G/NE Co2P. Cl �5;R'A Al r D6160 20/ lylf � 00 /N�LY. L/NE OF " OW C.E'G�ND: ¢O� /No/CA TES G EGAL N /�E�ce�PT/oN A.eE-A o SSOCIATES .4 LEG.4 L />E�CR/PT/DN rIVIL ENGINEERS—PLANNERS—LAND SURVEYORS gB¢¢'Z Zla 9/ 19012 COWAN.SUITE 210• IRVINE.CA 9271/ MfO.No.- oO D�1• 714/6600110 FAX:6604418 Hn r. Chk. 00 shoot Of STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE ) On December 3, 1996, before me, Donna M. Uram, Notary Public, personally appeared Raymond J. Pacini and Christine Rush, personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that by their signatures on the instrument the person or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. Notary Public in and for said State DONNA M.URAM COMM.if IM6861 Z r -a o Mary Pub1C—CaftrNa ORANGE COUNTY My Comm.ExpIres APR 16.1999 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT r,�.---.-.-.--.-.-.-.-.---.-.-.-.--.---.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.,cC',c�-C.cl,c=(>.c•C>.c-a-.-.-.,eK`- .<=(`,ercC`.S,'Y.�� State of (; County of OnA J997 before me, X. •o-�i�� t (' D to Name and Title o0dificer(e.g.,"Jane Doe,Notary Public") personally appeared Name(s)of Signer(s) I personally known to me— —u to be the persons whose names)felare subscribed to the within instrument and acknowledged to me that hefshe they executed the ( same in h+r�their authorized capacityQp.§l and that by CS H+sA�► /their signatureUs on the instrument the person, Fdi4Y8RICE L.rCHN or the entity upon behalf of which the person acted, s comm. �1ea5 uted the instrument. ��)• ,Iota y Public—Colifornia exec "A ,�.ry ORANGE COUNTY ir My Comm.Expires MAY 11.)997 P WITNESS my hand and official seal. —� Sign re 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 i fraudulent removal and reattachment of this form to another document. ( Description of Attached Document,, -6/5-64(M 6sep�) 1, Title or Type of Document: Document Date: 3�-21 9 7 Number of Pages: 5 I Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name:Rmj4 P. Qa,,o, � Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer Title(s): Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact I' ❑ Trustee ❑ TrusteeMe _ (' ❑ Guardian or Conservator El Guardian or Conservator `•- ) ( ViOther: Top of thumb here I-Other: i?:;t:, UgJa Top of thumb here Signer Is Representing: Signer Is Representing: 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, CITY OF HUNTINGTON BEACH 11�1[ 2000 MAIN STREET CALIFORNIA 92648 Zim OFFICE OF THE CITY CLERK CONNIE BROCKWAY CRY CLERK DEED CERTIFICATION This is to certify that the interest in real property conveyed by the deed dated March 21, 1997, from Signal Bolsa Corporation to the CITY OF HUNTINGTON BEACH is hereby accepted by the undersigned officer or agent on behalf of the City Council of the City of Huntington Beach, pursuant to the authority conferred by Resolution No. 3537 of the City Council of the City of Huntington Beach adopted on August 7, 1972, and the grantee consents to the recordation thereof by its duly authorized officer. Dated: April 28, 1997 CITY OF HUNTINGTON BEACH CONNIE BROCKWAY, CIVIC Cl RK City Clerk g:\followup\deedcert 4/25/97 1 deedcertSignal Bolsa:jc (Telephone: 714-536.5227) i, CITY OF HI. NTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK April 28 , 1997 Gary L. Granville, County Clerk-Recorder P. 0. Box 238 Santa Ana, California 92702 Enclosed please find easement deed No. 5628 to be recorded and returned to the City of Huntington Beach, Office of the City Clerk, 2000 Main Street, Huntington Beach, California 92648. Please conform the enclosed copy of the deed and return to this office in the enclosed self-addressed stamped envelope. Connie Brockway, CMC City Clerk CB:jc Enclosure: Easement Deed No. 5628 - Signal Bolsa Corporation g:/followup/deedltr/Signal Bolsa jc (Telephone: 714-536-5227) ;, CITY OIL HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CRY CLERK 5 DEED CERTIFICATION This is to certify that the interest in real property conveyed by the deed dated March 21, 1997, from Signal Bolsa Corporation to the CITY OF HUNTINGTON BEACH is hereby accepted by the undersigned officer or agent on behalf of the City Council of the City of Huntington Beach, pursuant to the authority conferred by Resolution No. 3537 of the City Council of the City of Huntington Beach adopted on August 7, 1972, and the grantee consents to the recordation thereof by its duly authorized officer. Dated: April 28, 1997 CITY OF HUNTINGTON BEACH CONNIE BROCKWAY, CIVIC CITgeputy ERK By: City Clerk gAllollowup\deedcert 4/25/972deedcertSignal Bolsa:jc (Telephone:714.536-5227) t: t` a. CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK April 28 , 1997 5 Gary L. Granville, County Clerk-Recorder P. 0. Box 238 Santa Ana, California 92702 Enclosed please find easement deed No. 5629 to be recorded and returned to the City of Huntington Beach, Office of the City Clerk, 2000 Main Street, Huntington Beach, California 92648. Please conform the enclosed copy of the deed and return to this office in the enclosed self-addressed stamped envelope. Connie Brockway, CMC City Clerk CB:jc Enclosure: Easement Deed No. 5629- Signal Bolsa Corporation glfollowup/deedltr/Signal Bolsa jc (Telephone: 714-536.5227) CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK DEED CERTIFICATION This is to certify that the interest in real property conveyed by the deed dated March 21, 1997, from Signal Bolsa Corporation to the CITY OF HUNTINGTON BEACH is hereby accepted by the undersigned officer or agent on behalf of the City Council of the City of Huntington Beach, pursuant to the authority conferred by Resolution No. 3537 of the City Council of the City of Huntington Beach adopted on August 7, 1972, and the grantee consents to the recordation thereof by its duly authorized officer. Dated: April 28, 1997 CITY OF HUNTINGTON BEACH CONNIE BROCKWAY, CIVIC CI ERK v. eputy City Clerk g:\fol lo"vpldeedcert 4/25/97 1 deedcertSignal Bolsa:jc (Telephone: 714.536.5227) Recorded in the County Orange, California Re Clerk/Recorder Gary L. Granville, No Fee 1997024708 4,080M 05/06/97 005 17003590 17 67 Al2 10 .7.00 27.00 0.00 0.00 0.00 0.00 Recording Requested by, and ) when recorded return to: ) City of Huntington Beach ) 2000 Main Street, 2nd Floor ) Huntington Beach, CA 92648 ) Attention: City Clerk ) AP llo-415-16 S (A' Space above line for Recorder's use only por�4-�o� � Wl p�- E0Wr1��s 57'72E DONATION AGREEMENT FOR sojTA L-e;: R i ul4r-oF-WA Y RIGHT-OF-WAY EASEMENT BY AND BETWEEN Tax-Exempt-Governm,ent--Agency THE CITY OF HUNTINGTON BEACH CITY OF HUNTINGTON BEACH 4nnie Brockway, CMC AND City Clerk SIGNAL BOLSA CORPORATION Byuty City Clerk 7 THIS AGREEMENT is entered into this a I, t day of,�� , 199�, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of �T ►ofJ California, hereinafter referred to as "City," and SIGNAL BOLSA CORPORATION, a `► ! p, California corporation, referred to as "Donor." WHEREAS, Donor is the fee owner of real property, hereinafter referred to as the "Property," located in the City of Huntington Beach, which property is more particularly described in the legal description attached hereto as Exhibit"C,"; and This document is solely r;;r the This �o-.;;,ent is solely for the Official business of t` °r' brininess of the City me ti,,, ton ranch. ua aout®m- 4/s:PCD:Agree:Signal-2 of Huntington Beach, ;,�; eontem- 10/24/96 plated under Gov rr.:�.e: `. "ode ad u'n ' Co_&1'nr:ent Coda RLS96-715 Sec. 6103 and should be rec9rSied 6103 and Should b© rocor•dsd free of charge, free oP cha�pej. ' City desires an easement over the Property as shown on the map attached hereto as Exhibit"D,"; and Donor is willing to donate an easement interest in the Property to City pursuant to the terms and conditions of this Agreement, NOW, THEREFORE, based upon the terms and conditions described below, the parties agree as follows: 1. Grant of Easement. Pursuant to the terms and conditions set forth below, Donor grants to City a non-exclusive perpetual easement in gross (the "Easement") over, under and across the Property, subject to the terms and conditions contained in this Agreement. 2. Purpose of Easement. The Easement is for purposes of the widening of Talbert Street, and/or for public street, utility and right of way, and the construction or maintenance of such improvements thereon. 3. Maintenance Obligations. All maintenance and repairs, whether ordinary or extraordinary, capital or expense in nature of the Easement and the facilities constructed or installed thereon by City, shall be performed by City, at its sole cost and expense, in a manner and at intervals required to maintain the Easement and facilities in a first-class and safe condition at all times. 4. Character of Easement. The Easement is subject to all valid and existing licenses, leases, grants, rights, easements, exceptions, reservations, agreements, and covenants affecting the Property. Donor is granting, and City is accepting,the Easement on an"As Is" basis, without any warranty, representation or guarantee, expressed, implied or statutory, written or oral, concerning the condition of, title to or rights affecting the Easement. 2 4/s:PCD:Agree:S ignal-2 10/24/96 RLS 96-715 5. Compliance with All Laws. City shall, at its cost, comply with all rules, ordinances, regulations and laws applicable to its improvement, maintenance, and use of the Easement. 6. Indemnification. City shall indemnify,protect, defend and hold Donor, and its parent corporation, subsidiary corporations, and affiliated entities (together, "Indemnified Parties"), and the Indemnified Parties' agents, employees, directors, officers, attorneys, partners, representatives, successors and assigns, harmless from and/or against any and all losses, liabilities, costs, claims, damages or expenses (including, without limitation, attorney's fees and legal costs) arising from or regarding the Easement and/or City's failure to comply with any provision of this Agreement. 7. Running With The Land. The Easement granted by this Agreement, and the terms and conditions contained in this Agreement, shall run with the land comprising the Easement and shall inure to the benefit of and be binding on the parties and their respective successors and assigns. 8. Insurance. Upon the request of Donor, City shall provide proof of self insurance reasonably satisfactory to Donor. 9. Successors and Assigns. This Agreement shall be binding upon and shall insure to the benefit of City and Donor and their respective successors and permitted assigns. 10. No Waiver. A waivefby either party of a breach of any of the covenants, conditions or obligations under this Agreement to be performed by the other party shall not be construed as a waiver of any succeeding breach of the same or other covenants, conditions or obligations of this Agreement. 3 4/s:PCD:Agree:Signal-2 10/23/96 RLS 96-715 11. Notices. All notices or other communication provided for herein shall be in writing and shall be personally served or delivered by United States mail, registered or certified, return receipt requested, postage prepaid and addressed as follows: If to Donor If to City Signal Bolsa Corporation City of Huntington Beach 4343 Von Karman Avenue 2000 Main Street Newport Beach, CA 92660 Huntington Beach, CA 92648 Attention: Lawrence F. Brose Attention: Real Property Division 12. Entire Agreement. This Agreement contains the entire agreement between the parties relating to the subject matter of this Agreement. Any oral representations or modifications concerning this instrument shall be of no force and effect. This Agreement may be modified only by a written and recorded agreement signed by both parties or their respective successors or assigns. 13. Attorneys Fees. In the event at any time during the term of this Agreement either party institutes any action or proceeding, including any arbitration proceedings, against the other relating to the provisions of the Agreement or any default or alleged default hereunder, then the non-prevailing party in such action or proceeding shall reimburse the prevailing party for the reasonable costs (including court costs and attorneys' fees) incurred by such prevailing party. 14. Exhibits. All exhibits to this Agreement are incorporated in and made a part of this Agreement by reference. 15. Termination of Liability. Whenever a transfer of ownership of the Donor's Property takes place, the liability of the transferor or breach of this Agreement occurring after such transfer, shall automatically terminate upon such transfer. 4 4/s:PCD:Agree:Signal-2 10/23/96 RLS 96-715 IN WITNESS HEREOF, the parties hereto have executed this Agreement the day and year first above written. SIGNAL BOLSA CORPORATION, CITY OF HUNTINGTON BEACH, a California corporation a municipal corporation of the State of California By: � A� Raymond J. Pacini Mayor (print name) Its: (circle one)Chairman/PresidenLiceresiden G ATTEST: By: 4 City Clerk 6if,;hu' 2os4 APPROVED AS TO FORM: (print name) Its: (circle o hief Financial Officer/ Asst. Secretary-A5easurer> (6"2 -1 �.�. (d z 5 4 to Attorney / REVIEWED AND APPROVED: VID ROVED: I;L City Administrator DWaT41ffl Deputy City Admi 'strator Exhibits: A: Legal Description of Easement B: Map of Easement 5 4/s:PCD:Agree:Signal-2 10/23/96 RLS 96-715 EXHIBIT "C" TALBERT AVENUE LEGAL DESCRIPTION AP #110--.015;65 (a portion) BEING THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 34, TOWNSHIP 5 SOUTH, RANGE 11 WEST, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 51, PAGE 13, MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, MORE PARTICULARLY DESCRIBE AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF TRACT NO. 7635, AS SHOWN ON A MAP RECORDED IN BOOK 330, PAGES 30 THROUGH 33, INCLUSIVE OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, SAID CORNER BEING THE INTERSECTION OF THE MOST SOUTHERLY LINE OF SAID TRACT NO. 7635 AND THE CENTERLINE OF EDWARDS STREET, AS SHOWN ON THE MAP OF SAID TRACT NO. 7635; THENCE NORTH 76°34'26"WEST 106.71 FEET ALONG THE SOUTHERLY LINE OF SAID TRACT NO. 7635 TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 76o34'26" WEST 392.34 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 1600.00 FEET; THENCE WESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 2.25 FEET THROUGH A CENTRAL ANGLE OF 00°04'51" TO A POINT, SAID POINT BEING THE NORTHEAST CORNER OF TRACT NO. 9221, AS SHOWN ON A MAP RECORDED IN BOOK 436, PAGES 37 THROUGH 40, INCLUSIVE OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY; THENCE SOUTH 13°29'55" WEST 50.00 FEET ALONG THE MOST EASTERLY LINE OF SAID TRACT NO. 9221 TO A POINT ON A NON-TANGENT CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 1650.00 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 13°29'55" WEST; THENCE EASTERLY ALONG SAID CURVE 2.33 FEET THROUGH A CENTRAL ANGLE OF 00°04'51" TO A POINT ON A TANGENT LINE; THENCE SOUTH 76°34'26" EAST 444.25 FEET; THENCE NORTH 32o38'54" WEST 72.10 FEET TO THE TRUE POINT OF BEGINNING. SAID AREA CONTAINING 0.483 ACRES, MORE OR LESS. AS SHOWN ON EXHIBIT "D" ATTACHED HERETO AND MADE A PART HEREOF. PLO?a E S,o�q i y�y F� cc tr - z No.20921 * Exp.9-30-97 CN11. P OF CAL\FO Robert E. Eichblatt, RCE 20921 20306 mew EXHIBIT ' T AP #110-015-65 -(a-portion) NOT TO SCALE 0 ,W U z LJ ) Z z O) J Z N Cl J W 2 w CO z O rACeER r L1 N76 34,26"W A VENUE z 392.34, 499 05. T.P.O.B. C2 I S76 34 26"C I / 44q•25' L2 W W F— [n c0 co N Q Q W Q W CURVE DELTA RADIUS LENGTH o I z Cl 00'04'51" 1600.00' 2.25' C2 00'04'51" 1650.00' 2.33' LINE DIRECTION DISTANCE N'LY LINE S.E.1/4, S.E.1/4, S.E.1/4, N.W.1/4, SEC.34, T55, RII W _ L1 S13'29'55"W 50.00' L2 N32*38'54"W 72.10' NS.E. coR. WS.1/4, S.E.1/4, N:W.1/4, SEC 34,T5S, R11W i i i SKETCH TO ACCOMPANY LEGAL DESCRIPTION CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS TALBERT STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) On December 3, 1996, before me, Donna M. Uram, Notary Public, personally appeared Raymond J. Pacini and Christine Rush, personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that by their signatures on the instrument the person or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. Notary Public in and for said State DONNA M.URAM COMM.f 1056861 QhMy Notary Public—Califomla ORANGE COUNTY Comm.Expires APR 16,1999 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 1,r-.-.- - - - - - - - - - - - - - - - - - - _ - - - - - - - - - - - - - - - - - - -.=may. ( State of County of On `t�'Ia. otl� /9 47 before me, $Zar•.,r • _ Date a Name and Title ot'Otficer(e.g.,"Jane Doe,Notary P ") iy personally appeared a.r. ( Name(s)of Signer(s) Tej5e'rsonally known to me- to be the person(s) f� whose name(s�is/are subscribed to the within instrument and acknowledged to me that*e><s+►e✓they executed the same in-hes,�ier/their authorized capacity ies , and that by NiAYBRICE L.JOHNSON 40-4he#their signature(a) on the instrument the personal, I COMM.#991835 or the entity upon behalf of which the person( acted, z y, p Notary Public—California ORANGE COUNTY executed the instrument. ' My Comm,EMires MAY l 1,1997 i�,> WITNESS my hand and official seal, i G2 Sig re of Notary Public f"> 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 A f t o . a/s-656ksl) Title or Type of Document: A"A2%;2�,a*r�„jj. aP�l.v�Cr/aa Document Date:3 Number of Pages: S Signer(s) Other Than Named Above: arM , . . �� rn�.,.Ca acit ies Claimed b Signer(s) r P Y� ) Y Signer's Name: (1 ",O L Qa.�� Signer's Name: ( 1 ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer Title(s): Title(s): ( ❑ Partner—❑ Limited r' General ❑ Partner—❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator — ❑ Guardian or Conservator VOther: `dYlaw,o.. Top of thumb here Lf-1 Other: `1..�L C.I-1k Top of thumb here ) ll O- i0 l Signer Is Representing: Signer Is Representing: , 4�z 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 - CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK DEED CERTIFICATION This is to certify that the interest in real property conveyed by the deed dated March 21, 1997, from Signal Bolsa Corporation to the CITY OF HUNTINGTON BEACH is hereby accepted by the undersigned officer or agent on behalf of the City Council of the City of Huntington Beach, pursuant to the authority conferred by Resolution No. 3537 of the City Council of the City of Huntington Beach.adopted on August 7, 1972, and the grantee consents to the recordation thereof by its duly authorized officer. Dated: April.28, 1997 CITY OF HUNTINGTON BEACH CONNIE BROCKWAY, CIVIC CITgeputy ERK By: City Clerk gAfollow-up\deedcert 4/25/972deedcertSignal Bolsa:jc (Telephone:714-536-5227)