HomeMy WebLinkAboutGothard Business Park Owners' Association (GBPOA) - 2015-12-21 (4) RIGHT OF ENTRY AND CONSTRUCTION ENCROACHMENT AGREEMENT
This Right of Entry and Construction Encroachment Agreement(the
"Agreement") is made and entered into as of Chit),/ , 023(the "Effective Date"),by and
between(1)the City of Huntington Beach, a California municipal corporation and
Charter City("Grantee") and (2) the Gothard Business Park Owners Association
("Grantor"or the "GBPOA"), as the owner of that certain real property located at
7234-7252 Heil Avenue, Huntington Beach, California 92649, Assessor's Parcel
Numbers 142-492-12 (the "Property").
RECITALS
A. Grantee is a California municipal corporation duly organized and validly
existing under the laws of the State of California with the power to carry on its
business as it is now being conducted under the statutes of the State of California
and the Charter of City.
B. Grantee desires to secure the right to temporarily enter and encroach upon a
portion of the Property for the purpose of constructing the improvements
described below (collectively, the "Improvements") and to allow the
accommodation of construction equipment, materials and workers necessary
for completion of certain items of work (the "Work"), consisting of expanding
the Heil Storm water pump station to meet FEMA requirements described in
Section 2 below as the "Improvement Area"; and other items as required to
complete the Work.
C. All of the Improvements and Work contemplated by this Agreement are to be done
at the sole cost to the Grantee, with no cost incurring to Grantor. The Grantee
seeks to complete these Improvements and Work to improve the quality and
aesthetics of the Improvement Area and surrounding areas. Not all of the
Improvements will be constructed in the Improvement Area.
D. Grantor and Grantee mutually agree that Grantee may enter upon, pass and re-
pass on, over, under and across the Improvement Area, as defined below
and as depicted on Exhibit "A" hereto, for the purpose of performing the
Work under the terms and conditions set forth in this Agreement.
E. Except for granting the temporary right to enter and encroach upon the
Improvement Area in accordance with the terms and conditions set forth below,
nothing in this Agreement is intended to, nor shall, permanently waive, relinquish,
transfer, eliminate, or otherwise hinder or prejudice any of Grantor's rights or
interests in any portion of the Property, including, but not limited to, the
Improvement Area.
22-11186/285458 1
NOW, THEREFORE, it is mutually agreed by and between Grantor and
Grantee (collectively, the "Parties") as follows:
1. Recitals
The Recitals set forth above are true and correct and are hereby incorporated into
this Agreement.
2. The Improvement Area
2.1 Grantor is the fee owner of that portion of the Property which has been
cross-hatched and labeled as the "Improvement Area" on Exhibit "A" to this Agreement.
The Improvement Area generally consists of an approximate 1,377 square foot area.
2.2 The Work shall be performed on the Improvement Area of the Property as
shown on Exhibit"A" hereto.
3. Right To Enter and Encroach On Improvement Area
Subject to the conditions set forth in Section 4 below, Grantor hereby grants to
Grantee, for the use and benefit of Grantee and its officers, employees, agents,
representatives, contractors, subcontractors, and the employees and suppliers of such
contractors and subcontractors (collectively, "Grantee's Related Persons"), a non-
exclusive temporary right to enter and encroach on, over, under and across the
Improvement Area for the purpose of constructing, installing, repairing and replacing
the Work and to allow the accommodation of equipment, materials and workers
necessary therefor for the time period of April 15, 2023 through October 15, 2023.
4. Conditions To Exercising Temporary Right of Entry and Encroachment
Grantee's temporary right to enter and encroach on the Improvement Area shall be
subject to Grantee and all of Grantee's Related Persons fully and timely complying with
each of the following conditions:
A. Grantee and Grantee's Related Persons shall be entitled to enter the
Improvement Area from 7:00 a.m. to 5:00 p.m., Monday through Friday,
for the purpose performing the Work. Grantee and Grantee's Related
Persons shall not be allowed to enter onto any portion of the Property
except for the Improvement Area and all activities associated with the
Work shall be confined to the Improvement Area.
B. Grantee shall advise Grantor of the date of commencement of the Work
not less than seventy-two (72) hours prior to actual commencement of
the Work.
C. Prior to commencement of the Work, Grantee shall provide Grantor with
the names and telephone numbers of each contractor or subcontractor
22-11186/285458 2
who will be performing Work on the Improvement Area.
D. At the conclusion of each work day, Grantee and Grantee's Related
Persons shall ensure the cleanup and removal of debris so as to maintain
the Improvement Area in as neat and clean a condition as possible, given
the remaining Work to be performed.
E. The temporary right of entry and encroachment granted herein does not
include the right to engage in any material storage, long term
parking of vehicles, trailers, or other equipment storage on the
Improvement Area.
F. At Grantee's sole cost and expense, Grantee shall repair any damages
caused by its use, or by the use of any of its Related Persons, of any
portion of the Improvement Area and shall restore that Area to the
condition that it was in prior to the commencement of the Work.
5. Indemnity
Grantee shall defend, indemnify, and hold Grantor, and each of Grantor's officers,
employees, students, invitees, agents, representatives, contractors, subcontractors, and the
employees and suppliers of such contractors and subcontractors (collectively, "Grantor's
Related Persons") harmless from and against any and all liabilities, claims, damages,
losses, demands, suits, costs, or expenses whatsoever, including reasonable attorney's fees
(collectively, "Liabilities"), for any injuries to, or death of, any persons, or for any property
damages or losses, that are based upon, arise out of, any of the Work or any activities to be
performed under this Agreement, which Liabilities are caused by or result from any acts,
errors, or omissions on the part of Grantee or on the part of any of Grantee's Related
Persons.
6. Insurance
The Grantee is self-insured, up to $1,000,000 and carries no primary insurance
policy for this coverage. The Grantee's subcontractors, if there are any, shall provide
Grantor with proof of insurance policies held by Grantee's subcontractors, as the case may
be. Such policies shall have commercial general liability limits in the amount no less than
one million dollars ($1,000,000.00) per occurrence, two million dollars ($2,000,000.00) in
the general aggregate. The policies required herein shall be provided by an authorized
insurance company by the State of California and having a minimum A.M. Best's Guide
Rating of A-, Class VII or better.
Grantor shall be expressly listed as additional insureds under such insurance policies and
the policies shall provide coverage for bodily injury and property damage. For any claims
related to the Work, the self-insurance of Grantee and the coverage of Grantee's
subcontractors, if there are any, shall be primary insurance as respects Grantor and
Grantor's Related Persons. Any insurance or self-insurance maintained by Grantor shall
be excess of the self-insurance of Grantee and the coverage of Grantee's subcontractors, if
there are any, and shall not contribute to it. Grantee and Grantee's subcontractors, if there
22-11186/285458 3
are any, shall be responsible to keep these insurance policies in full force and effect until
final completion of the Work. The cost of any and all premiums for these insurance
policies shall be borne by Grantee and Grantee's subcontractors, if there are any. In the
event of claims against any of the policies, Grantee and Grantee's subcontractors, if there
are any shall be responsible for payment of any deductible amounts. Prior to the
commencement of the Work, Certificates of Insurance and endorsements shall be provided
to Grantor evidencing compliance with the requirements herein.
7. Improvements
Grantee shall be responsible, at Grantee's own expense, for any and all
maintenance, repair and replacement of asphalt, or other improvements installed in or
on the Improvement Area as part of the Work.
8. Term and Termination
This Agreement shall commence when executed and delivered by the Parties and
the temporary right of entry and encroachment granted hereunder shall, unless earlier
terminated in the event of a breach, terminate upon completion of the Work, but in no
event later than December 31, 2023.
9. Notices
Notices, requests or demands by either of the Parties shall be in writing and shall
either be personally served or be sent by U.S. Mail and addressed to the following
persons:
To Grantee: Public Works Department
City of Huntington Beach
2000 Main Street
P.O. Box 190
Huntington Beach, CA 92648
Ph: 714-536-5431
To Grantor: Gothard Business Park Owners Association
16691 Gothard Street, Suite H
Huntington Beach, CA 92647
Notices, requests and demands, if not personally served, shall be deemed received
upon the expiration of forty-eight (48) hours after postmark or deposit in a U. S. post
office or mail.
Grantor agrees and is responsible for notifying all tenants of all information
regarding this Agreement for entry onto the Improvement Area.
22-11186/285458 4
10. Attorney's Fees
The Parties shall each bear their own attorney's fees and costs incurred in
connection with the negotiation and execution of this Agreement. In the event of any
dispute, claim, or litigation based upon, arising out of, or relating to, the negotiation,
formation, performance, breach, enforcement, or interpretation of any of the provisions of
this Agreement, each bear their own attorney's fees and costs.
11. Severability
If any term or portion of this Agreement is held to be invalid, illegal, or
otherwise unenforceable by a court of competent jurisdiction, the remaining provisions
of this Agreement shall continue in full force and effect.
12. No Assignment
The Parties may not assign any of the respective rights, privileges, duties, or
obligations provided for in this Agreement.
13. Controlling Law and Venue
The laws of the State of California shall govern this Agreement and all
matters relating to it and any action brought relating to this Agreement shall be
adjudicated in a court of competent jurisdiction in the County of Orange, State of
California.
14. Integrated Agreement and Modifications
This Agreement represents the full and complete understanding of every kind
or nature whatsoever between the Parties, and all preliminary negotiations and
agreements of whatsoever kind or nature are merged herein. No verbal agreement or
implied covenant shall be held to vary the provisions herein. This Agreement may
not be amended or modified except by written amendment signed by both Parties.
22-11186/285458 5
IN WITNESS WHEREOF,the Parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM: CITY OF HUNTI _TON BEACH,
a California mun' ipal orporation
By: By:
C' Attorney VW City .. ag:
A TEST: GRANTOR:
By: / �,, Zi6� 017- �?�' 'e By:
City Clerk c a Fr-,6,
5ec/7-ve5 C.5/13 Po 4 •
By:
Attachments: Exhibit"A"
22-11186/285458 6
Exhibit A
Legal Description
Sheet 1 of 2
THAT PARCEL OF LAND LOCATED IN THE CITY OF HUNTINGTON BEACH,
COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING A PORTION OF PARCEL
1, OF PARCEL MAP 80-570, PER THE MAP FILED IN BOOK 154, PAGES 7
AND 8 OF PARCEL MAPS, IN RECORDS OF SAID COUNTY, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID PARCEL 1, THENCE
EASTERLY ALONG THE NORTHERLY LINE OF SAID PARCEL 1 ,
SOUTH 89°28'59" EAST, 25.93 FEET TO THE TRUE POINT OF BEGINING OF
THIS DESCRIPTION;
THENCE CONTINUING ALONG SAID NORTH LINE SOUTH 89°28'59" EAST,
10.07 FEET TO THE NORTHERLY TERMINUS OF A LINE PARALLEL TO AND
36.00 FEET EASTERLY OF THE WEST LINE OF SAID PARCEL 1 ;
THENCE SOUTHERLY ALONG SAID PARALLEL. LINE SOUTH 00°21'33" WEST,
50.00 FEET TO THE EASTERLY TERMINUS OF A LINE PARALLEL TO AND
50.00 FEET SOUTHERLY OF THE NORTH LINE OF SAID PARCEL 1;
THENCE WESTERLY ALONG LAST SAID PARALLEL LINE NORTH 89°28'59" WEST,
36.00 FEET TO THE WEST LINE OF SAID PARCEL 1 ;
THENCE ALONG SAID WEST LINE NORTH 00'21 '33" EAST, 22.76 FEET;
THENCE LEAVING SAID WEST LINE SOUTH 55'20'41 "W, 9.32 FEET TO THE
BEGINNING OF A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS
OF 55.00 FEET;
THENCE NORTHEASTERLY THROUGH A CENTRAL ANGLE OF 30°00'31 ", AN
ARC LENGTH OF 28.81 ', TO THE TRUE POINT OF BEGINNING OF THIS
DESCRIPTION, A RADIAL LINE THROUGH SAID TRUE POINT OF BEGINNING
BEARS SOUTH 64°39'50" EAST.
TEMPORARY CONSTUCTION EASEMENT AREA LEGAL DESCRPITION
APN 142-492- 12
CITY OF HUNTINGTON BEACH
DEPARTMENT OF PUBLIC WORKS
P 1
Exhibit A
decal Description
Sheet 2 of 2
CONTAINING 1377 SQUARE FEET (0.03 ACRES), MORE OR LESS.
SUBJECT TO ALL COVENANTS, RIGHTS, RIGHTS—OF—WAYS AND
EASEMENTS OF RECORD.
EXHIBIT "D" ATTACHED AND BY THIS REFERENCE MADE A PART HEREOF.
iANp
_ 0 z o
EXP. 12-31-17 RI
JOSEPH G. DERLETH * *
PLS 7340, EXPIRES 12/31 /17 `I' S. 7340 ��
9TF OF ��
TEMPORARY CONSTUCTION EASEMENT AREA LEGAL DESCRPITION
APN 142-492- 12
CITY OF HUNTINGTON BEACH
DEPARTMENT OF PUBLIC WORKS J
/ 1
,..—c. HEIL AVENUE Exhibit B
(N89'28'5962 ).75' R) •—/', —
CENTERLINE OF win
N I PROPOSED W=7' )
TRUE POINT -r, 1-- 0 �0 40'
POINT OF COMMENCEMENT, ' BOX CULVERT 56439 OF BEGINNING xm o N mil
NORTHWEST CORNER m I _ / so•F Rq o o qp S'LY LINE
PARCEL 1, PM 80-570, (S89'28'59"E, 290.55' R)- Z 2.3'(' HEIL AVE
154/7-8 P.M.B. _ 36.00' _ _ I _ _ _l-
25.93' +''`~ L3
`NORTH LINE
PARCEL 1,
:,; o I / Nt,. '- —` PER (R).
2.75' 14' Q-Q�� ' ,_-_`
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. ... / o i l I 50.00'--`1 2 .... ..
` `--�1377 SO. FT. -_____ _
/ / I 0,03 ACRES -`.-
X--CENTERLINE OF - ��' �'
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PROPOSED W=7' zo �� ,_�`- ` �`� o
BOX CULVERT o _'�-- - - .
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c,; EDISON EASEMENT ` --:_
w �'' PER (R). �_-
WEST LINE PARCEL--' -� — '"-��
1, PER (R). ---&' ''----` --- -._,_
LINE TABLE: 36.00
h
' _ `��_
L1= S55'20'41"W, 9.32'
N89 28 59 W, 36.00'
L2= (N00'21'33"E, 40.00' R)
L3= S89'28'59"E, 10.07'
REFERENCE:
(R)= RECORD PER PARCEL MAP 80-570, FILED IN BOOK 154, SCALE
PAGES 7 AND 8 P.M.B. 1"-10'
LEGEND:
-;'��:``� = TEMPORARY CONSTRUCTION EASEMENT AREA
TEMPORARY CONSTUCTION EASEMENT AREA PLAT
APN 142-492- 12 °J, in
CITY OF HUNTINGTON BEACH 'Os.
DEPARTMENT OF PUBLIC WORKS
Dept ID ED 15-32 Page 1 of 2
Meeting Date 12/21/2015
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: 12/21/2015
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A Wilson, City Manager
PREPARED BY: Travis Hopkins, PE, Director of Public Works
Kellee Fritzal, Deputy Director, Business Development
SUBJECT: Approve and authorize execution of an Agreement for Acquisition and Escrow
Instructions with the Gothard Business Park Owners' Association (GBPOA) for
the purchase of a Permanent Storm Drain Easement and a Temporary
Construction Easement located at 7234 and 7252 Heil Avenue
Statement of Issue
The City Council is asked to approve an Agreement for Acquisition and Escrow Instructions, in the
amount of $21,000, along with escrow fees in the amount of $2,000 between the City and GBPOA
for the purchase of a Permanent Storm Drain Easement and a Temporary Construction Easement
over a portion of the property located at 7234 thru 7252 Heil Avenue, Huntington Beach
Financial Impact
Funds not to exceed $23,000 are budgeted in the Public Works Heil Avenue Pump Station
Rehabilitation Project Account No 122285001 82800
Recommended Action
A) Approve the "Agreement for Acquisition and Escrow Instructions" between the City of
Huntington Beach and GBPOA, and,
B) Authorize the Mayor and City Clerk to execute the Agreement and other related documents,
and,
C) Authorize the City Manager to execute any other related escrow documents
Alternative Action(s)
Do not approve the Agreement and direct staff accordingly
Analysis
The easements are required for the construction of underground pipe for storm drain purposes as
part of the Heil Avenue Storm Drain Rehabilitation Project Improvements will be constructed and
maintained by the City
Staff recommends approval of the proposed purchase agreement in support of the Public Works
Department's needs for the construction of the Storm drain facilities
Item 20. - I HB -218-
Dept ID ED 15-32 Page 2 of 2
Meeting Date 12/21/2015
Environmental Status
Initial environmental assessment for Hell Avenue Pump Station was processed and completed in
accordance with the California Environmental Quality Act It was determined that this item would
not have any significant environmental effects and that a Conditional Use Permit is warranted The
Conditional Use Permit is on file at the City of Huntington Beach Planning Department
Strategic Plan Goal
Enhance and maintain infrastructure
Attachment(s)
1 Agreement for Acquisition and Escrow Instructions
HB -219- Item 20. - 2
AGREEMENT FOR ACQUISITION
AND ESCROW INSTRUCTIONS
This AGREEMENT FOR ACQUISITION AND ESCROW INSTRUCTIONS
("Agreement") is made and entered into as ofthis �day of zL�,Byf�,20�, and
constitutes an agreement by which Gothard Business Park Owners Association ("Seller") agrees
to sell, and the CITY OF HUNTINGTON BEACH, a California municipal corporation
("Buyer"), agrees to purchase on the terms and conditions hereinafter set forth:
That the easements described in Exhibits "A", and "C" and shown in Exhibits 'B" and
"D" attached hereto, bearing Orange County Assessor's Parcel Numbers 938-580-10
("Property")
The terms and conditions of this Agreement and the instructions to Commonwealth
Title Company ("Escrow Holder") with regard to the escrow ("Escrow") created pursuant
hereto are as follows.
1 Purchase and Sale. For valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, Seller agrees to sell the Property to Buyer, and Buyer agrees to
purchase the Property from Seller, upon the terms and conditions herein set forth.
2. Purchase Price. The purchase price ("Purchase Price") for the Property shall be
TWENTY-ONE THOUSAND DOLLARS ($21,000). This sum shall be full payment for the
Property and for all damages of every kind and nature, including, but not limited to, pre -
condemnation damages, loss of rental income and severance damages suffered, any and all
claims suffered, or to be suffered, by reason of the acquisition of the Property.
3 Acknowledgment of Full Benefits and Release.
a. By execution of this Agreement, Seller, on behalf of itself and its respective
successors and assigns, hereby acknowledges that this Agreement provides full payment
for the acquisition of the Property by Buyer, and Seller hereby expressly and
unconditionally waives any and all claims for damages, relocation assistance benefits,
severance damages, interest, loss of goodwill, claims for inverse condemnation or
unreasonable pre -condemnation conduct, or any other compensation or benefits, other
than as already expressly provided for in this Agreement, it being understood that this is
a complete and full settlement of all acquisition claims, liabilities or benefits of any
type or nature whatsoever relating to or in connection with Buyer's acquisition of the
Property.
b. This Agreement arose out of Buyer's efforts to acquire the Property on a voluntary
basis. Seller acknowledges and agrees that said purchase price is just compensation at
fair market value for said real property and includes any and all fixtures and equipment,
goodwill (if any) and severance. Seller, on behalf of itself and its successors and
Sel is Initials Buyer's Initials
Page 1 of 14
assigns, hereby fully releases Buyer, its successors, agents, representatives, and assigns,
and all other persons and associations, known or unknown, from all claims and causes of
action by reason of any damage which has been sustained, or may be sustained, as a
result of Buyer's efforts to acquire the Property or to construct works of improvement
thereon, or any preliminary steps thereto. Seller further releases and agrees to hold Buyer
harmless from any and all claims by reason of any leasehold interest in the Property.
This release shall survive the Close of Escrow
C. The parties hereto hereby agree that all rights under Section 1542 of the Civil
Code of the State of California are hereby waived. Civil Code Section 1542,
provides as follows:
"A general release does not extend to claims which the creditor
does not know or suspect to exist in his/her favor at the time of
executing the release, which if known by him/her must have
materially affected his/her settlement with the debtor "
Notwithstanding the provisions of Civil Code Section 1542, Seller hereby irrevocably
and unconditionally releases and forever discharges the Buyer and each and all of its
officers, agents, directors, supervisors, employees, representatives, and its successors and
assigns and all persons acting by, through, under, or in concert with the Buyer from any
and all charges, complaints, claims, and liabilities of any kind or nature whatsoever,
known or unknown, suspected or unsuspected (hereinafter referred to as "claim" or
"claims") which Seller at any time heretofore had or claimed to have or which Seller at
any time hereafter may have or claim to have, including, without limitation, any and all
claims related or in any manner incidental to this transaction.
I HAVE READ AND UNDERSTOOD PARAGRAPH 3 AcknoModpament of
Full Benefits and Release.
Seller's Initials
4 Pa ent of Purchase P ' The Purchase Price for the Property shall be payable by
Buyer as follows Upon the Close of Escrow, Buyer shall deposit or cause to be deposited
with Escrow Holder, in cash or by a certified or bank cashier's check made payable to Escrow
Holder or a confirmed wire transfer of funds, the Purchase Price plus or minus Escrow Holder's
estimate of Buyer's closing costs, prorations and charges payable pursuant to this Agreement
All escrow, recording, and title insurance costs to be paid by Buyer.
5. Escrow.
a. Opening of Escrow. For purposes of this Agreement, the Escrow shall be
deemed opened on the date Escrow Holder shall have received an executed counterpart
of this Agreement from both Buyer and Seller ("Opening Date"). Escrow Holder shall
notify Buyer and Seller, in writing, of the date Escrow is opened and the Closing
f
Iler's Initials uyer s Initials
Page 2 of 14
Date, as defined in Paragraph 5(b), below. In addition, Buyer and Seller agree to
execute, deliver, and be bound by any reasonable or customary supplemental escrow
instructions of Escrow Holder, or other instruments as may reasonably be required by
Escrow Holder, in order to consummate the transaction contemplated by this
Agreement. Any such supplemental instructions shall not conflict with, amend, or
supersede any portion of this Agreement. If there is any inconsistency between such
supplemental instructions and this Agreement, this Agreement shall control.
b. Close of Escrow For purposes of this Agreement, "Close of Escrow" shall be
defined as the date that the Easement Deeds, conveying the Property to Buyer, are
recorded in the Official Records of Orange County, California. This Escrow shall close
within sixty (60) days of the Opening Date ("Closing Date").
6 Conditions of Title It shall be a condition to the Close of Escrow and a covenant of
Seller that title to the Property shall be conveyed to Buyer by Seller by the Easement Deeds,
subj ect only to the following Approved Conditions of Title ("Approved Condition of Title")
a. A lien to secure payment of real estate taxes, not delinquent.
b The lien of supplemental taxes assessed pursuant to Chapter 3.5, commencing
with Section 75 of the California Revenue and Taxation Code ("Code"), but only to the
extent that such supplemental taxes are attributable to the transaction contemplated by
this Agreement. Seller shall be responsible for, and hereby indemnifies Buyer and the
Property against, any supplemental taxes assessed pursuant to the Code, to the extent that
such taxes relate to events (including, without limitation, any changes in ownership
and/or new construction) occurring prior to the Close of Escrow
c Matters affecting the Approved Condition of Title created by or with the written
consent of Buyer
d Exceptions which are disclosed by the Report described in Paragraph 8a(l) hereof
and which are approved or deemed approved by Buyer in accordance with Paragraph
8a(1) hereof.
Seller covenants and agrees that during the term of this Escrow, Seller will not cause or
permit title to the Property to differ from the Approved Condition of Title described in this
Paragraph 6. Any liens, encumbrances, easements, restrictions, conditions, covenants, rights,
rights -of -way, or other matters affecting the Approved Condition of Title which may appear of
record or be revealed after the date of the Report described in Paragraph 8a(1) below, shall also
be subject to Buyer's approval and must be eliminated or ameliorated to Buyers satisfaction by
Seller prior to the Close of Escrow as a condition to the Close of Escrow for Buyer's benefit
Buyer hereby objects to all liens evidencing monetary encumbrances affecting the Property
(other than liens for non -delinquent propertytaxes) and Seller agrees to cause all such hens to be
eliminated at Seller's sole cost and expense prior to the Closing Date
X11er's Initials 4Buyer's Initials
Page 3 of 14
7. Title Policy. Title shall be evidenced by the willingness of the Title Company to issue
its CLTA Standard Form Policy or Binder of Title Insurance ("Title Policy") in the amount of
the Purchase Price showing title to the Property vested in Buyer subject only to the
Approved Condition of Title
8 Conditions to Close of Escrow.
a Conditions to Buyer's Obligations. The Close of Escrow and Buyer's obligation
to consummate the transaction contemplated by this Agreement are subject to the
satisfaction of the following conditions for Buyer's benefit on or prior to the dates
designated below for the satisfaction of such conditions:
(1) Preliminary Title Report and Exceptions. Immediately after escrow is
opened as provided herein, City agrees to cause Commonwealth Title
Company to issue a Preliminary Title Report relating to the Property. Within
fifteen (15) days after escrow has been opened, the City will cause
Commonwealth Title Company to issue an Amendment to Escrow Instructions,
which indicates those title exceptions that the City will accept. Seller will have
ten (10) days after receipt of such amendment to review and approve it. In
the event of non -approval, escrow will fail and each party will instruct
Commonwealth Title Company to cancel the escrow.
(2) Representations, Warranties, and Covenants of Seller. Seller shall have
duly performed each and every agreement to be performed by Seller
hereunder and Seller's representations, warranties, and covenants set forth in
Paragraph 14 shall be true and correct as of the Closing Date.
(3) No Material Changes. At the Closing Date, there shall have been no
material adverse changes in the physical or financial condition of the Property and
there shall have been no material adverse change in the financial condition of
Seller or any general partners of Seller
(4) Inspections and Studies. On or before thirty (30) days after Opening
Date ("Due Diligence Period"), Buyer shall have approved the results of any and
all inspections, investigations, tests and studies (including, without limitation,
investigations with regard to governmental regulations, engineering tests, soil and
structure investigation and analysis, seismic and geologic reports) with respect to
the Property (including all structural and mechanical systems and leased areas) as
Buyer may elect to make or obtain. The failure of Buyer to disapprove said
results on or prior to the expiration of the Due Diligence Period shall be deemed
to constitute Buyer's approval of the results. The cost of any such inspections,
tests and studies shall be borne by Buyer. During the term of this Escrow,
Buyer, its agents, contractors and subcontractors shall have the right to enter
Jle4r's Initia s Buyer's Initials
Page 4 of 14
upon the Property, at reasonable times during ordinary business hours, to make
any and all inspections and tests as may be necessary or desirable in Buyer's
sole judgment and discretion. Buyer shall use care and consideration in
connection with any of its inspections. Buyer shall indemnify and hold Seller
and the Property harmless from any and all damage arising out of, or resulting
from the negligence of Buyer, its agents, contractors and/or subcontractors in
connection with such entry and/or activities upon the Property. Buyer will
provide Seller, upon request, at no cost, copies of any Buyer's investigation
reports obtained by the Buyer, if any.
(5) Council Approval. The completion of this transaction, and the escrow
created hereby, is contingent upon the specific acceptance and approval of the
Buyer by action of the Buyer's City Council.
(6) The property is sold in its present condition as of the date of acceptance
subject to the Buyer's investigation rights.
(7) Liquidated Damages. If Buyer fails to complete this purchase because
of Buyer's default, Seller shall retain, as liquidated damages, $500 00 of the
deposit actually paid. Buyer and Seller agree that this amount is a reasonable
sum given that it is impractical or extremely difficult to establish the amount of
damages that would actually be suffered by the Seller in the event Buyer were to
breach this Agreement Release of funds will require mutual, signed release
instructions from both Buyer and Seller, judicial decision or arbitration award
b Conditions to Seller's Obligation. For the benefit of Seller, the Close of Escrow
shall be conditioned upon the occurrence and/or satisfaction of each of the following
conditions (or Seller's waiver thereof, it being agreed that Seller may waive any or all of
such conditions):
(1) Buyer's Obligations Buyer shall have timely performed all of the
obligations required by the terms of this Agreement to be performed by Buyer,
and
(2) Buyer's Representations All representations and warranties made by
Buyer to Seller in this Agreement shall be true and correct as of the Close of
Escrow.
9 Deposits by Seller. At least one (1) business day prior to the Close of Escrow, Seller
shall deposit or cause to be deposited with Escrow Holder the following documents and
instruments
a. Seller's Certificate Federal. A Certificate of Nonforeign Status (Seller's
Certificate), duly executed by Seller.
;tr's Initials yer's Initials
Page 5 of 14
b. California Withholding Exemption Certificate. A California Withholding
Exemption Certificate (or in the event the Seller is a non -California resident, a
certificate issued by the California Franchise Tax Board) pursuant to the Revenue and
Taxation Code Sections 18805 and 26131, as may be amended, stating either the dollar
amount of withholding required from Seller's proceeds or that Seller is exempt from
such withholding requirement.
C. Easement Deeds. The Easement Deeds conveying the Property to Buyer duly
executed by Seller, acknowledged and in recordable form.
10. Deposits by BAyer. Buyer shall deposit, or cause to be deposited with Escrow Holder,
the funds which are to be applied toward the payment of the Purchase Price in the amounts and at
the times if designated in Paragraph 4 above (as reduced or increased by the prorations, debits
and credits hereinafter provided).
11. Costs and Expenses. The cost and expense of the Title Policy attributable to CLTA
coverage shall be paid by Buyer. The escrow fee of Escrow Holder shall be paid by Buyer
Buyer shall pay all documentary transfer taxes, if any, payable in connection with the recordation
of the Easement Deeds. The amount of such transfer taxes shall not be posted on the Easement
Deeds, but shall be supplied by separate affidavit. Buyer shall pay the Escrow Holder's
customary charges to Buyer and Seller for document drafting, recording, and miscellaneous
charges If, as a result of no fault of Buyer or Seller, Escrow fails to close, Buyer shall pay all
of Escrow Holder's fees and charges. Penalties for prepayment of bona fide obligations secured
by any existing deed of trust or mortgage shall be waived pursuant to Civil Code Procedures
Section 1265.240
12 Prorations The following prorations shall be made between Seller and Buyer on the
Closing Date, computed as of the Closing Date
a Taxes. Real and personal property taxes and assessments on the Property shall
be prorated on the basis that Seller is responsible for (i) all such taxes for the fiscal year
of the applicable taxing authorities occurring prior to the "Current Tax Period," and (ii)
that portion of such taxes for the Current Tax Period determined on the basis of the
number of days which have elapsed from the first day of the Current Tax Period to the
Closing Date, inclusive, whether or not the same shall be payable prior to the Closing
Date. The phrase "Current Tax Period" refers to the fiscal year of the applicable taxing
authority in which the Closing Date occurs. In the event that as of the Closing Date the
actual tax bills for the year or years in question are not available, and the amount of
taxes to be prorated as aforesaid cannot be ascertained, then rates and assessed
valuation of the previous year, with known changes, shall be used, and when the actual
amount of taxes and assessments for the year or years in question shall be determinable,
then such taxes and assessments will be reprorated between the parties to reflect the
actual amount of such taxes and assessments.
XOi rl Wye—r's Initials
Page 6 of 14
b. No Rental Pro -rations. Seller warrants that there are no tenants or written or oral
leases on the portion of the Property to be acquired and the Escrow Holder is hereby
instructed not to perform any rental pro -rations at the Close of Escrow.
13. Disbursements and Other Actions by Escrow Holder. Upon the Close of Escrow, the
Escrow holder shall promptly undertake all of the following in the manner indicated:
a. Prorations. Prorate all matters referenced herein, based upon the statement
delivered into Escrow signed by the parties.
b. Recording. Cause the Easement Deeds and any other documents, which the
parties hereto may mutually direct, to be recorded in the Official Records of Orange
County, California, in the order set forth in this subparagraph. Escrow Holder is
instructed not to affix the amount of documentary transfer tax on the face of the Deed,
but to supply same by separate affidavit.
c Funds. Disburse from funds deposited by Buyer with Escrow Holder toward
payment of all items chargeable to the account of Buyer, pursuant thereto in payment of
such costs, and disburse the balance of such funds, if any, to Buyer.
d. Pay Demands of Existing Lien Holders Escrow Holder is hereby authorized
and instructed to cause the reconveyance, or partial reconveyance, as the case may be, of
any such monetary exceptions to Buyer's title to the Property at or prior to the
Close of Escrow
14. Seller's Representations and Warranties. In consideration of Buyer entering into this
Agreement, and as an inducement to Buyer to purchase the Property, Seller makes the
following representations and warranties, each of which is material and is being relied upon by
Buyer (and the continued truth and accuracy of which shall constitute a condition precedent
to Buyer's obligations hereunder):
a Authorization. This Agreement has been duly and validly authorized, executed
and delivered by Seller, and no other action is requisite to the execution and delivery of
this Agreement by Seller.
b. Threatened Actions. There are no actions, suits or proceedings pending against,
or, to the best of Seller's knowledge, threatened or affecting the Property in law or equity.
C. Third Party Consents. No consents or waivers of, or by, any third party are
necessary to permit the consummation by Seller of the transactions contemplated
pursuant to this Agreement
d No Violation of Law. To the best of Seller's knowledge, there is no violation of
law or governmental regulation by Seller with respect to the Property.
er's Initials Buyer's Initials
Page 7 of 14
e. Condemnation. There are no pending, or, to the best of Seller's knowledge,
threatened proceedings in eminent domain or otherwise, which would affect the Property
or any portion thereof.
f. Compliance with Law To the best of Seller's knowledge, all laws, ordinances,
rules, and requirements and regulations of any governmental agency, body, or
subdivision thereof bearing on the Property have been complied with by Seller.
g. Agreements. There are no agreements (whether oral or written) affecting or
relating to the right of any party with respect to the possession of the Property, or any
portion thereof, which are obligations which will affect the Property or any portion
thereof subsequent to the recordation of the Easement Deeds, except as may be reflected
in the Condition of Title, which shall have been approved by Buyer pursuant to the terms
of this Agreement.
h. Documents. To the best of Seller's knowledge, all documents delivered to Buyer
and Escrow Holder pursuant to this Agreement are true and correct copies of originals,
and any and all information supplied to Buyer by Seller is true and accurate.
i. Hazardous Substances Except as revealed by Seller to Buyer herein, Seller has
no actual knowledge that there are hazardous substances (as defined below) in existence
on or below the surface of the Property, including without limitation, contamination of
the soil, subsoil or groundwater, which constitutes a violation of any law, rule, or
regulation of any governmental entity having jurisdiction thereof, or which exposes
Buyer to liability to third parties. Seller has not used the Property, or any portion
thereof, for the production, disposal, or storage of any hazardous substances, and
Seller has no actual knowledge that there has been such prior use of the Property,
or any portion thereof; or that there has been any proceeding or inquiry by any
governmental authority with respect to the presence of such hazardous substances on the
Property or any portion thereof. Without limiting the other provisions of this
Agreement, Seller shall cooperate with Buyer's investigation of matters relating to the
foregoing provisions of this paragraph, and provide access to, and copies of, any data
and/or documents dealing with potentially hazardous substances used at the Property
and any disposal practices followed. Seller agrees that Buyer may, with Seller's prior
approval, make inquiries of governmental agencies regarding such matters, without
liability to Seller for the outcome of such discussions For purposes of this Agreement,
the term "hazardous substances" means: (i) any substance, product, waste, or other
material of any nature whatsoever which is or becomes listed, regulated, or addressed
pursuant to the Comprehensive Environment Response, Compensation and Liability
Act (CERCLA), 42 United States Code Section 9601 et seq., the Hazardous Material
Transportation Conservation and Recovery Act, 42 United States Code Section 1801 et
seq.; the Resources Conservation and Recovery Act, 42 United States Code Section
6901 et seq.; the Clean Water Act, 33 United States Code Section 1251 et seq.; the
Toxic Substances Control Act, 15 United States Code Section 2601 t seq.; the
ler's Initials Buyer's Initials
Page 8 of 14
California Hazardous Waste Control Act, Health and Safety Code Section 25100 et
seq.; the California Hazardous Substance Account Act, Health and Safety Code Section
25330 et seq.; the California Safe Drinking Water and Toxic Enforcement Act, Health
and Safety Code Section 25249.5 et seq.; California Health and Safety Code
Section 25280 et seq. (Underground Storage or Hazardous Substances); the California
Hazardous Waste Management Act, Health and Safety Code Section 25170.1 et seq,
California Health and Safety Code Section 25501 et seq. (Hazardous Materials
Release Response Plans and Inventory); or the California Porter -Cologne Water
Quality Control Act, Water Code Section 13000 et seq., all as amended (the above -
cited California state statute are hereinafter collectively referred to as "the State
Toxic Substances Laws") or any other federal, state, or local statute, law, ordinance,
resolution, code, rule, regulation, order or decree regulating, relating to, or imposing
liability or standards of conduct concerning any hazardous or toxic substance hereafter in
effect; (ii) any substance, product, waste, or other material of any nature whatsoever
which may give rise to liability under any of the above statutes or under any statutory or
common law theory based on negligence, trespass, intentional tort, nuisance or strict
liability or under any reported decisions of a state or federal court; (iii) petroleum or
crude oil other than petroleum and petroleum products which are contained within
regularly operated motor vehicles; and (iv) asbestos.
J. Indemnity. Seller agrees to indemnify, defend with counsel selected by Buyer,
protect and hold harmless Buyer, its City Council members, its directors, officers, staff,
employees, agents, contractors, assigns, and any successor or successors to Buyer's
interest from and against all claims, actual damages (including, but not limited to, special
and consequential damages), punitive damages, injuries, costs, response costs, losses,
demands, debts, liens, liabilities, causes of action, suits, legal or administrative
proceedings, interest, fines, charges, penalties, and expenses (including, but not limited
to, attorneys' and expert witness' fees and costs incurred in connection with defending
against any of the foregoing or in enforcing this indemnity) of any kind whatsoever paid,
incurred or suffered by, or asserted against, the Property, or any indemnified party
directly or indirectly arising from or attributable to: (i) any breach by Seller of any of its
agreement warranties or representations set forth in this Agreement; or (ii) any repair,
cleanup or detoxification, or preparation and implementation of any removal, remedial,
response, closure, or other plan concerning any hazardous substance on, under, or about
the Property, regardless of whether undertaken due to governmental action. To the
fullest extent permitted by law, the foregoing indemnification shall apply regardless of
the fault, active or passive negligence, breach of warranty or contract of Buyer The
foregoing indemnity is intended to operate as an agreement pursuant to CERCLA Section
107(e), of 42 United States Code Section 9607(E), and California Health and Safety
Code Section 25364, to insure, protect, hold harmless and indemnify Buyer from any
liability pursuant to such sections This indemnity shall apply to, and Seller will only
be responsible for, such hazardous substances, if any, that existed on or in the Property
up to and including the close of escrow.
^ler'slnitia Bye 's Initials
Page 9 of 14
k. Pollutants No pollutants or waste materials from the Property have ever been
discharged by Seller into any body of water, and Seller has no actual knowledge of any
such pollution emission by any other person or entity.
1. Waste Disposal. No portion of the Property has ever been used by Seller as a
waste storage or disposal site, and Seller is not aware of any such prior uses.
in. No Notices Seller has received no written notice of any change contemplated in
any applicable laws, ordinances or restrictions, or any judicial or administrative action, or
any action by adjacent landowners, or natural or artificial conditions upon the Property
which would prevent, impede, limit, or render more costly Buyer's contemplated use of
the Property.
15 Buyer's Representations and Warranties. In consideration of Seller entering into this
Agreement, and as an inducement to Seller to sell the Property to Buyer, Buyer makes the
following representations and warranties, each of which is material and is being relied upon by
Seller (the continued truth and accuracy of which shall constitute a condition precedent to
Seller's obligations hereunder):
a. This Agreement and all documents executed by Buyer under this Agreement
which are to be delivered to Seller are, or at the time of Close of Escrow will be, duly
authorized, executed, and delivered by Buyer, and are, or at the Close of Escrow will be
legal, valid, and binding obligations of Buyer, and do not, and at the Close of Escrow will
not violate any provisions of any agreement orjudicial order to which Buyer is aparty or
to which it is subject.
b The representations and warranties of Buyer set forth in this Agreement shall be
true on and as of the Close of Escrow as if those representations and warranties were
made on and as of such time.
16 Damage or Condemnation Prior to Closing. Seller shall promptly notify Buyer of any
knowledge by Seller of casualty to the Property or any condemnation proceeding commenced
prior to the Close of Escrow If any such damage or proceeding relates to, or may result in, the
loss of any material portion of the Property, Seller or Buyer may, at their option, elect either to:
a terminate this Agreement, in which event all funds deposited into Escrow by
Buyer shall be returned to Buyer and neither parry shall have any further rights or
obligations hereunder, or
b. continue the Agreement in effect, in which event upon the Close of Escrow Buyer
shall be entitled to any compensation, awards, or other payments or relief resulting from
such casualty or condemnation proceeding
17. Notices. All notices or other communications required or permitted hereunder shall be
er's Initials Buyer's Initials
Page 10 of 14
in writing, and shall be personally delivered or sent by registered or certified mail, postage
prepaid, return receipt requested, telegraphed, delivered, or sent by telex, telecopy, or cable, and
shall be deemed received upon the earlier of (a) if personally delivered, the date of delivery to the
address of the person to receive such notice, (b) if mailed, four business days after the date of
posting by the United States post office, (c) if given by telegraph or cable, when delivered to
the telegraph company with charges prepaid, or (d) if given by telex or facsimile, when sent.
Any notice, request, demand, direction, or other communication sent by cable, telex, or
facsimile must be confirmed within 48 hours by letter mailed or delivered in accordance with the
foregoing.
The Buyer's mailing address is.
City of Huntington Beach
Office of Business Development
Attn. Kellee Fritzal, Deputy Director
2000 Main Street, P.O. Box 190
Huntington Beach, CA 92648
The Seller's mailing address is:
Gothard Business Park Owners Association
Attn: Michael Frank, Secretary/Treasurer
7234 Heil Avenue
Huntington Beach, CA 92647
Notice of change of address shall be given by written notice in the manner detailed in
this paragraph. Rejection or other refusal to accept, or the mability to deliver because of
changed address of which no notice was given, shall be deemed to constitute receipt of the notice,
demand, request, or communication sent.
18. Legal Fees. In the event suit is brought by either party to construe, interpret and/or
enforce the terms and/or provisions of this Agreement or to secure the performance hereof,
each party shall bear its own attorney's fees, such that the prevailing party shall not be
entitled to recover its attorney's fees from the non -prevailing party.
19 Assi nit. Seller may not assign, transfer or convey its rights or obligations under
this Agreement without the prior written consent of Buyer, and then only if Seller's assignee
assumes in writing all of Seller's obligations hereunder; provided, however, Seller shall in no
event be released from its obligations hereunder by reason of such assignment.
20 Seller's Indemnification Seller hereby agrees to indemnify, defend and hold
harmless Buyer from and against any and all obligations, liabilities, claims, liens,
encumbrances, losses, damages, costs and expenses, including without limitation, attorneys'
fees, whether direct, contingent, or consequential, incurred by Buyer relating to the Property
-O�VA
11 . YJ
eller's Initials Buyer's Initials
Page 11 of 14
and arising or accruing from acts, occurrences, or matters that take place on or before the
Close of Escrow or resulting from any breach by Seller of their representations, warranties
and covenants contained in this Agreement.
21. Miscellaneous.
a. Survival of Covenants. The covenants, representations and warranties of both
Buyer and Seller set forth in this Agreement shall survive the recordation of the
Easement Deeds and the Close of Escrow.
b. Required Actions of Buyer and Seller. Buyer and Seller agree to execute such
instruments and documents and to diligently undertake such actions as may be required
in order to consummate the purchase and sale herein contemplated, and shall use their
best efforts to accomplish the Close of Escrow in accordance with the provisions hereof.
C. Time of Essence. Time is of the essence of each and every term, condition,
obligation, and provision hereof
d. Counterparts. This Agreement may be executed in multiple counterparts, each of
which shall be deemed an original, but all of which, together, shall constitute one and the
same instrument.
e. Captions. Any captions to, or headings of, the paragraphs or subparagraphs
of this Agreement are solely for the convenience of the parties hereto, are not a part of
this Agreement, and shall not be used for the interpretation or determination of the
validity of this Agreement or any provision hereof
f No Obligations to Third Parties Except as otherwise expressly provided
herein, the execution and delivery of this Agreement shall not be deemed to confer
any rights upon, nor obligate any of the parties hereto, to any person or entity other than
the parties hereto.
g Exhibits and Schedules. The Exhibits and Schedules attached hereto are
hereby incorporated herein by this reference
h. Amendment to this Agreement The terms of this Agreement may not be
modified or amended except by an instrument in writing executed by each of the
parties hereto
i Waiver The waiver or failure to enforce any provision of this Agreement shall
not operate as a waiver of any future breach of any such provision or any other provision
hereof.
j. Applicable Law. This Agreement shall be governed by and cons,Aued in
'60t+� 'L -
eiler's Initials Buyer's Initials
Page 12 of 14
accordance with the laws of the State of California, with the exception of definitions
to be construed under Federal laws cited in Paragraph 14(i).
k. Fees and Other Expenses Except as otherwise provided herein, each of the
parties shall pay its own fees and expenses in connection with this Agreement
1 Entire Agreement. This Agreement supersedes any prior agreements,
negotiations, and communications, oral or written, and contains the entire agreement
between Buyer and Seller as to the subject matter hereof No subsequent agreement,
representation, or promise made by either parry hereto, or by or to an employee,
officer, agent or representative of either party shall be of any effect unless it is in
writing and executed by the party to be bound thereby.
in. Successors and Assigns. This Agreement shall be binding upon and shall
inure to the benefit of the successors and assigns of the parties hereto.
Aller's initials Buyer's Initials
Page 13 of 14
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and
year first above written.
DATED: Seller:
SI EL FRANK,
I—CRETARY/TREASURER
GOTHARD BUSINESS PARK OWNERS
ASSOCIATION
DATED: �� ' �a ' �� Buyer:
CITY OF HI
A California
Asp City
APPROVED AS TO
City A rney kw
INITIATED AND APPROVED:
v- -
Deputy erector, Offi of Business Development
REVIE
J BEACH
oration
' _ r
APPROVED:
4
ler'�—Iniitials Buyer s Initials
's X----
Page 14 of 14
Exhibit A
Legal Description
THAT PORTION OF PARCEL 1, OF PARCEL MAP 80-570, PER THE MAP
FILED IN BOOK 154, PAGES 7 AND 8 OF PARCEL MAPS, LOCATED IN THE
CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL 1, THENCE
EASTERLY ALONG THE NORTHERLY LINE OF SAID PARCEL 1,
SOUTH 89°28'59" EAST, 25.93 FEET TO THE BEGINNING OF A
NON -TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS
OF 55.00 FEET, A RADIAL LINE TO SAID POINT IS SOUTH 64"39'50" EAST;
THENCE SOUTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL
ANGLE OF 30`00'31", AN ARC LENGTH OF 28.81 FEET;
THENCE SOUTHWESTERLY LEAVING SAID CURVE SOUTH 55`20'41" WEST,
9.32 FEET, TO THE WEST LINE OF SAID PARCEL 1;
THENCE NORTHERLY ALONG SAID WEST LINE NORTH 00°21'33" EAST,
27 24 FEET TO THE POINT OF BEGINNING.
CONTAINING 423 SQUARE FEET (0.01 ACRES), MORE OR LESS.
SUBJECT TO ALL COVENANTS, RIGHTS, RIGHTS -OF -WAYS AND
EASEMENTS OF RECORD.
EXHIBIT "B" ATTACHED AND BY THIS REFERENCE MADE A PART HEREOF.
JOSEPH G. DERLETH
PLS 7340, EXPIRES 12/31 /15
SAND
SG
G.
C
so
EXP
12-31-15
�y LS. 7340
Q
\� OF CALF
PERMANENT UTILITY EASEMENT AREA LEGAL
7234-7252 HEIL AVENUE : APN 142-492-12 '_j.
CITY OF HUNTINGTON BEACH �
DEPARTMENT OF PUBLIC WORKS
_ �li HEIL AVENUE _ _
(N89'28'5,91, 620 75' R) -
rF)
z �G)
o CENTERLINE OF 40. `0 O
PROPOSED W=7m
w I BOX CULVERT
N --i r I I 7®
O
I s6 / 70 o
1 43g• D N
POINT OF BEGINNING S0,
NORTHWEST CORNER 1 J Rq0 v z o S'LY LINE
PARCEL 1, PM 80-570, I (S89•28'59"E, 290.55' R)-- HEIL AVE
154/7-8 P M B 25 93' 7 7'
NORTH LINE PARCEL 1,
zz 4' _ PER (R)
0 1000,
423 SO. FT.
r m v 0.01 ACRES
.r
4� 10 00' �Pipo'
2 75' pFirLINE TABLE.
L1= S55°20'41 "W, 9.32'
/ o LEGEND.
/ = PERMANENT UTILITY
/ CENTERLINE OF ��I EASEMENT AREA
PROPOSED W=7' I REFERENCE:
BOX CULVERT i I ' I (R)= RECORD PER PARCEL MAP 80-570,
FILED IN BOOK 154, PAGES 7 AND
EDISON EASEMEt"H-111
4' SOUTHERN CAL� 4� 8 P.M B.
PER (R). 2 GRAPHIC SCALE
WEST LINE PARCEL—i i l i 10 0 s 10 20
1, PER (R) I i
( IN FEET )
1 inch = 10 ft
PERMANENT UTILITY EASEMENT AREA PLAT
7234-7252 HEIL AVENUE : APN 142-492-12 'j e
CITY OF HUNTINGTON BEACH IqD
DEPARTMENT OF PUBLIC WORKS
Exhibit C
Legal Description
Sheet 1 of 2
THAT PORTION OF PARCEL 1, OF PARCEL MAP 80-570, PER THE MAP
FILED IN BOOK 154, PAGES 7 AND 8 OF PARCEL MAPS, LOCATED IN THE
CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID PARCEL 1, THENCE
EASTERLY ALONG THE NORTHERLY LINE OF SAID PARCEL 1,
SOUTH 89'28'59" EAST, 25.93 FEET TO THE TRUE POINT OF BEGINING OF
THIS DESCRIPTION;
THENCE CONTINUING ALONG SAID NORTH LINE SOUTH 89'28'59" EAST,
10 07 FEET TO THE NORTHERLY TERMINUS OF A LINE PARALLEL TO AND
36 00 FEET EASTERLY OF THE WEST LINE OF SAID PARCEL 1;
THENCE SOUTHERLY ALONG SAID PARALLEL LINE SOUTH 00'21'33" WEST,
50.00 FEET TO THE EASTERLY TERMINUS OF A LINE PARALLEL TO AND
50 00 FEET SOUTHERLY OF THE NORTH LINE OF SAID PARCEL 1;
THENCE WESTERLY ALONG LAST SAID PARALLEL LINE NORTH 89-28'59" WEST,
36 00 FEET TO THE WEST LINE OF SAID PARCEL 1,
THENCE ALONG SAID WEST LINE NORTH 00"21'33" EAST, 22.76 FEET;
THENCE LEAVING SAID WEST LINE SOUTH 55"20'41 "W, 9 32 FEET TO THE
BEGINNING OF A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS
OF 55.00 FEET;
THENCE NORTHEASTERLY THROUGH A CENTRAL ANGLE OF 30"00'31 ", AN
ARC LENGTH OF 28.81', TO THE TRUE POINT OF BEGINNING OF THIS
DESCRIPTION, A RADIAL LINE THROUGH SAID TRUE POINT OF BEGINNING
BEARS SOUTH 64"39'50" EAST
TEMPORARY CONSTRUCTION EASEMENT AREA LEGAL
7234-7252 HEIL AVENUE : APN 142-492-12
CITY OF HUNTINGTON BEACH
DEPARTMENT OF PUBLIC WORKS
Fj J �
Exhibit , C
Legal Description
Sheet 2 of 2
CONTAINING 1377 SQUARE FEET (0.03 ACRES), MORE OR LESS.
SUBJECT TO ALL COVENANTS, RIGHTS, RIGHTS -OF -WAYS AND
EASEMENTS OF RECORD.
EXHIBIT "D" ATTACHED AND BY THIS REFERENCE MADE A PART HEREOF.
JOSEPH G. DERLETH
PLS 7340, EXPIRES 12/31 /15
SAND
C-
EXP
12-31-15
L S 7340
TF OF CAL
TEMPORARY CONSTRUCTION EASEMENT AREA LEGAL
7234-7252 HEIL AVENUE : APN 142-492-12 1,15im.Aw
CITY OF HUNTINGTON BEACH Fw
DEPARTMENT OF PUBLIC WORKS
Exhibit D
HEIL AVENUE
- - - (N89'28159'W, 620 75' R)
CENTERLINE OF
I PROPOSED W=7' TRUE POINT
POINT OF ^' BOX CULVERT S64. OF BEGINNING
COMMENCEMENT, \SO••,.
NORTHWEST CORNER
PARCEL 1, PM 80-570,
154/7- 8 P. M. B
z
O
0
ni
W
fTt
1 (S89'28'59"E, 2
36.00'
I I-- 25.93'
2 75'
/
N
O U1
O o
�o
CENTERLINE
OF�
PROPOSED
W=7'
zo
BOX CULVERT
N
W
w
r*i
2.75'
WEST LINE PARCEL--
1, PER (R)
I n;
LINE TABLE
rn
LIC)
rn
�� ��
�
af
40'
fl
U
S'LY LINE
_?
2 3'
HEIL AVE
NORTH LINE
PARCEL 1,
PER (R).
L1= S55'20'41 "W, 9.32' N89'28'59"W, 36 00'
L2= (N00'21'33"E, 40 00' R)
L3= S89'28'59"E, 10.07'
REFERENCE:
(R)= RECORD PER PARCEL MAP 80-570, FILED IN BOOK 154,
PAGES 7 AND 8 P.M.B.
® LEGEND:
= TEMPORARY CONSTRUCTION EASEMENT AREA
TEMPORARY CONSTRUCTION EASEMENT AREA PLAT
7234-7252 HEIL AVENUE : APN 142-492-12
CITY OF HUNTINGTON BEACH
DEPARTMENT OF PUBLIC WORKS
N
SCALE
1"=10'
IN
Recorded in Official Records, Orange County
Hugh Nguyen, Clerk-Recorder
• III 111111 11111 II II IIIII 11111800
RECORDING REQUESTED BY: * $ R o 0 o s 1 9 1 s 4 4 $ *
City of Huntington Beach 2016000087934 1:41 pm 03102116
P.O. Box 190/ 2000 Main Street 90 404 G02 F13 4
Huntington Beach, CA 92648 0.00 0.00 0.00 0.00 9.00 0.00 0.00 0.00
WHEN RECORDED MAIL TO:
Joan L. Flynn, City Clerk
City of Huntington Beach
P.O. Box 190/2000 Main Street
Huntington Beach, CA 92648
•
APN(s): 024-22O01 PORATED AREA GRANT DEED DOCUMENTARY TRANSFER TAX$EXEMPT
Signature of Declarant or Agent determining tax
80 22' FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Gothard Business Park Owner's Association, a California nonprofit corporation
does hereby GRANT to THE CITY OF HUNTINGTON BEACH, a municipal corporation, a perpetual
easement and right of way for drainage purposes in over, under and across all that real property In the
City of Huntington Beach, County of Orange, State of California, described as follows:
k3L1r
See Exhibit"A"and"B"attached hereto and made apart hereof.
GRANTOR: .
Gothard Business Park Owner's Association,
a California nonprofit corporation
74
Dated: a /t�� t By:g .
DEED CERTIFICATION—CITY OF HUNTINGTON BEACH APPROVED AS TO FORM: Michael Gates,City Attorney
t.
This is ttocejtify tkat the interest In real property conveyed by the Deed ?----- -- /2..w
dated // /.AD/G .�ei5,from Gothard Business Park Owner's By: b
Association, a California nonprofit corporation to the CITY OF Assistant/Deputy City Attorney
HUNTINGTON BEACH is hereby accepted by the undersigned officer or
agent on behalf of the City Coundl of the City of Huntington Beach This document is solely for the official business of the City of
pursuant to the authority conferred by Resolution No.3537 of the City Huntington Beach, as contemplated under Government Code Sec.
Council of the City of Huntington Beach adopted on August 7, 1972,
and the grantee consents to the recordation thereof by Its duly 6103 and should be recorded free of charge.
authorized officer. / S�// Tax Exempt Governme Ag
th CITY OF HUNTINGTON BEACH Dated: .,2-O//6 HUNTI el '. B
{. BY:
BY• oan L.Flynn
`.n LCLER.FlynnK CITY CLERK
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached,and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA )
} S.S.
COUNTY OF Or. -}
On 211 B ,2011 (a before me, Tle4�1 4.N/ a Notary Public,
personally appeared iS a.i-.1L1— /,
, who proved to me on
the basis of satisfactory evidence to be the person(,` whose name(fr). is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her,<theic authorized capacity(i , and that by his/her/their
signature*on the instrument the person*,or the entity upon behalf of which the person*acted,executed the instrument.
I certify under PENALTY of PERJURY under the laws of the State of California that the foregoing paragraph is true and
correct.
WITNESS my hand and official seal. MO?BovVMAN
S COMMISSION#2018792
.
Signature / ; : ;,8 Notary?ublic-California ti
���/// �, ORANGE COUNTY
CYmm Expires May 7.2017`
OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER •
Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the
document.
[ ] INDIVIDUAL
[ ] CORPORATE OFFICER(S) TITLE(S)
[ ] PARTNER(S)—[ ]LIMITED [ ] GENERAL
( ] ATTORNEY-IN-FACT
[ ] TRUSTEE(S) .
[ ] GUARDIAN/CONSERVATOR
[ ] OTHER
SIGNER IS REPRESENTING:
Name of Person or Entity Name of Person or Entity
OPTIONAL SECTION
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW
TITLE OR TYPE OF DOCUMENT:
NUMBER OF PAGES DATE OF DOCUMENT
SIGNER(S)OTHER THAN NAMED ABOVE
4
.,fi 1
Exhibit A
Legal Description
THAT PARCEL OF LAND LOCATED IN THE CITY OF HUNTINGTON BEACH,
COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING A PORTION OF
PARCEL 1, OF PARCEL MAP 80-570, PER THE MAP FILED IN BOOK 154,
PAGES 7 AND 8 OF PARCEL MAPS, IN RECORDS OF SAID COUNTY, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL 1, THENCE
EASTERLY ALONG THE NORTHERLY LINE OF SAID PARCEL 1,
SOUTH 89'28'59" EAST, 25.93 FEET TO THE BEGINNING OF A
NON—TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS
OF 55.00 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 64°39'50"
EAST;
THENCE SOUTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL
ANGLE OF 30'00'31", AN ARC LENGTH OF 28.81 FEET;
THENCE SOUTHWESTERLY LEAVING SAID CURVE SOUTH 55'20'41" WEST,
9.32 FEET, TO THE WEST LINE OF SAID PARCEL 1;
THENCE NORTHERLY ALONG SAID WEST LINE NORTH 00'21'33" EAST,
27.24 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION.
CONTAINING 423 SQUARE FEET (0.01 ACRES), MORE OR LESS.
SUBJECT TO ALL COVENANTS, RIGHTS, RIGHTS—OF—WAYS AND
EASEMENTS OF RECORD.
EXHIBIT "B" ATTACHED AND BY THIS REFERENCE MADE A PART HEREOF.
\eD jakili k2vtle— c.,‘° LAND
oi
_ zo
— EXP. 12-31-17 x,
JOSEPH G. DERLETH * *
PLS 7340, EXPIRES 12/31 /17 Ls. 7340 .l.
qTF OF CAL\F°�
PERMANENT UTILITY EASEMENT AREA LEGAL DESCRPITION
PORTION OF A.P.N. 142-492- 12 '..44 Q
CITY OF HUNTINGTON BEACH 0 P
DEPARTMENT OF PUBLIC WORKS 1
, „
N/. \
Exhibit B
`c_ HEIL AVEN(N-- UE _ I _
(N89'28'59"W, 620.75' R)
SG
r-,
(---J.ANo
z` G 0 ?` Z (/)
c^ o -.11) o o CENTERLINE OF 14°' Q
�. 12-31-17 z N PROPOSED W=7' rn1=
* * W BOX CULVERT
`r''y LS. 7340 �`� rrj /
—'�73>
TF OF CA1. ° m O
o
mor
Q. S6439S / x) 0
POINT OF BEGINNING O F -1 -
NORTHWEST CORNER / ' 4 Z 0 S'LY LINE
PARCEL 1, PM 80-570;`r(S89'28'59"E, 290.55' R)-" HEIL AVE
154/7-8 P.M.B. 25.93' _ 7.7'
' ' "" ' ' r NORTH LINE PARCEL 1,
. .... o t4' --_`'i.
PER (R).
-K- • N \ 10.00' .)
maLliiiiiir
GI 423 SO. FT. ~o �� .) .... -.::.. .:.....
• . w N 0.01 ACRES .O //
- Eli v O, r :} -.y
P
;; • 2.75' �11.1 �► 4)) LINE TABLE:
. /o �����► (Po L1= S55.20'41"W, 9.32'
N
. '._._ V o `airm`�, = LEGEND:
"�►► PERMANENT UTILITY
"►11 EASEMENT AREA
/ CENTERLINE OF I REFERENCE:
/' —PROPOSED W=7' I I (R)= RECORD PER PARCEL MAP 80-570,
BOX CULVERT i FILED IN BOOK 154, PAGES 7 AND
4' SOUTHERN CAL. �'�
EDISON EASEMENT�-_1 ._ 8 P.M.B.
PER (R), I
2.7s , I I I GRAPHIC SCALE
WEST LINE PARCEL I I I I 10 525ii00 5 10 20
1, PER (R).
I
N ( n1 rer:r:r )
1 inch =10 ft.
PERMANENT UTILITY EASEMENT AREA EXHIBIT
PORTION OF A.P.N. 142-492- 12 • Q
CITY OF HUNTINGTON BEACH P
DEPARTMENT OF PUBLIC WORKS 1