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HomeMy WebLinkAboutPC Group Retail, LLC; Pacific City Hotel, LLC - 2015-02-10 RECORDING REQUESTED Recorded in Official Records, Orange County BY AND WHEN RECORDED Hu h N uyen, Clerk-Recorder RETURN TO: j I I�I II II II III I I I II I II 105.00 * $ R 0 0 0 7 5 5 0 2 I II III$ II City of Huntington Beach 2015000270837 8:26 am 05127115 City Clerk 62 416 Alt E01 C34 S12 F16 24 City of Huntington Beach 0.00 0.00 0.00 0.00 69.00 0.00 0.00 0.00 P O Box 190 - - -- - — - - — Huntington Beach, CA 92648 rN0e'l, 3v11�2o�ni ac�1 fi (Space above this line for Recorder's use only) AGREEMENT AND GRANT OF EASEMENTS This AGREEMENT AND GRANT OF EASEMENTS (as it may be amended from time to time, this "Agreement") is made as of February 10, 2015 by PC Group Retail, LLC, a California limited liability company("PCGR"), and Pacific City Hotel, LLC, a Delaware limited liability company ("PCH"), in favor of the City of Huntington Beach, a municipal corporation ("City"), with reference to the following facts. RECITALS A. PCGR is the owner of Parcel 1 of the City of Huntington Beach Lot Line Adjustment No. 2013-002 recorded November 26, 2013 as Instrument No 2013-647256 in the Official Records of the County Recorder for Orange County, California (the "Retail Parcel"), which PCGR is developing and improving with a retail center and related improvements B PCH is the owner of Parcel 2 of the City of Huntington Beach Lot Line Adjustment No. 2013-002 recorded November 26, 2013 as Instrument No. 2013-647256 in the Official Records of the County Recorder for Orange County, California (the "Hotel Parcel"), which PCH is developing and improving with a four star hotel and related improvements C Each of PCGR and PCH desire to grant to City easements for sidewalks, pedestrian ingress and egress and access purposes in, on, over, under and across certain portions of the Retail Parcel and Hotel Parcel D. PCGR and PCH entered into a Reciprocal Easement Agreement dated as of December 20, 2013, and recorded as Instrument No 2013000704441, in the Official Records of the Orange County Recorder's Office, on December 23, 2013 in which PCGR and PCH made certain agreements relating to the development of certain shared improvements and the grant of easements to the City. PCGR and PCH amended such Reciprocal Easement Agreement by an Amendment to Reciprocal Easement Agreement dated as of April 16, 2014 and recorded as Instrument No. 2014000161459, in the Official Records of the Orange County Recorder's Office, on April 29, 2014 (such Reciprocal Easement Agreement, as so amended, is referred to herein as the "REA") Capitalized terms not defined herein shall have the meanings ascribed to them in the REA 1 PHECYC Gwp..niLLMnh Cay.IIEAC�Sm P.o&Cry Pspool E..mrely.ma 0wirmv.0111154BEC e11Pl}BPLa11oi54 AGREEMENTS NOW, THEREFORE, in consideration of the premises described above, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto acknowledge and agree as follows 1. EASEMENTS I.I. Grant of PCGR Easement PCGR hereby grants and conveys to City, an easement for sidewalks, pedestrian ingress and egress, and access purposes in, on, over, and across that portion of the Retail Parcel described in Exhibit A-1 and shown on the map attached as Exhibit A-2 (the "Retail Easement"). 1.2. Grant of PCH Easement PCH hereby grants and conveys to City, an easement for sidewalks, pedestrian ingress and egress, and access purposes in, on, over, and across that portion of the Hotel Parcel described in Exhibit B-1 and shown on the map attached as Exhibit B-2 (the "Hotel Easement'). 1.3. Adiustment to Easement Areas. The parties acknowledge that the locations of the Retail Easement and the Hotel Easement described above have been described on the basis of improvements proposed to be constructed on the Retail Parcel and Hotel Parcel. In the event that, as the pertinent improvements on the Retail Parcel and/or the Hotel Parcel are constructed, adjustments in the precise location of any of the foregoing easements are necessary, PCH and/or PCGR, as applicable, agrees to execute an amendment to this Agreement to reflect the actual, as built location of the particular easement, provided, however, that no relocation of any of the easements shall materially alter location from that described herein or deprive City of the benefits thereof 1.4. Term of Easement. The easements granted in this Agreement shall commence on the date of recordation hereof and shall be non-exclusive 1.5. Grants of Other Easements Each of PCH and PCGR shall at all times have the right to grant non-exclusive rights in, to, over, under, and across the Retail Parcel and Hotel Parcel, including the Retail Easement and Hotel Easement, as applicable, so long as such non- exclusive rights do not impair the right of City under this Agreement 2. DESIGN AND CONSTRUCTION OF IMPROVEMENTS IN EASEMENT AREAS As provided in Section 4 5 of the REA, PCGR shall construct, as a Shared Expense Improvement, (i) the Sidewalk Area(other than the pedestrian ramp located on the southwesterly corner of the Hotel Parcel) and the Shared Entry (including all landscaping and irrigation located therein), and (u) the Stairwell Area on the Retail Parcel, all pursuant to plans approved by the parties and the City 2 PCH shall construct, as a Shared Expense Improvement, the pedestrian ramp located on the southwesterly corner of the Hotel Parcel and the extension of the Sidewalk Area north of the Fire Lane Turnaround PCGR and PCH will equally share expenses incurred for design, planning, permitting and construction of all Shared Expense Improvements pursuant to the terms of the REA PCGR shall construct at its sole cost and expense, design and construct all sidewalks and other improvements required by the City in the Retail Easement which do not constitute a Shared Expense Improvement PCH shall, at its sole cost and expense, design and construct all sidewalks and other improvements required by the City in the Hotel Easement which do not constitute a Shared Expense Improvement The sidewalk constructed within the 20 foot wide easement straddling the property line between the Hotel Property and the Retail Property shall be not less than 8 feet wide and shall be constructed in accordance with the requirements of the City Grade elevations between the Retail Parcel and the Hotel Parcel shall be coordinated to maintain proper pedestrian and vehicular access within the corridor as approved by the Planning and Building Department, Public Works Department and Fire Department of the City. Sidewalks constructed along First Street and Pacific Coast Highway within other areas of the Retail Easement or the Hotel Easement shall be at least eight feet wide and, in the case of the sidewalk along First Street, shall include a minimum four foot wide landscape planter adjacent to the curb 3. MAINTENANCE AND REPAIR OF IMPROVEMENTS IN EASEMENT AREAS As provided in the REA, PCGR and PCH shall be equally responsible for the maintenance and repair of all Shared Expense Improvements located in the Retail Easement and the Hotel Easement. Notwithstanding the foregoing, in the event that any of such Shared Expense Improvements are damaged or destroyed by the action of PCGR or PCH, or their Permittees (as defined in the REA), such party shall repair and/or replace the damage at its sole cost and expense PCGR will maintain and repair, at its sole cost and expense, all other improvements constructed by PCGR within the Retail Easement PCH shall maintain and repair, at its sole cost and expense, all other improvements constructed by PCH within the Hotel Easement. PCGR and PCH shall maintain and repair such improvements in accordance with all requirements of the Public Works Department of the City 4. MISCELLANEOUS 4.1. Notices Any notice given under this Agreement shall be in writing and given by delivering the notice in person, by commercial courier or by sending it by registered or certified mail, or Express Mail, return receipt requested, with postage prepaid, to the mailing address listed below or any other address notice of which is given For the convenience of the parties, copies of notices may also be given by telefacsimile, to the telephone number listed below or such other numbers as may be provided from time to time 3 PCH and PCGR- The address for such party (or successor) as shown on the records of the Orange County Tax Collector City: Director of Public Works 2000 Main Street Huntington Beach, CA 92648 Telefacsimile• (714) 536-1573 City Manager 2000 Main Street Huntington Beach, CA 92648 Telefacsimile. (714) 536-1573 Any mailing address or telefacsimile number may be changed at any time by giving written notice of such change in the manner provided above at least ten (10) days prior to the effective date of the change. All notices under this Agreement shall be deemed given, received, made or communicated on the date personal receipt actually occurs or, if mailed, on the delivery date or attempted delivery date shown on the return receipt. A person may not give official or binding notice by telefacsimile The effective time of a notice shall not be affected by the receipt,prior to receipt of the original, or a telefacsimile copy of the notice 4.2. Modification. No modification, waiver, amendment, discharge, or change of this Agreement shall be valid unless the same is in writing and signed by PCH, PCGR and the City Any change, modification, amendment or rescission which is made without the written consent of PCH, PCGR and the City shall be null and void and of no effect. 4.3. Severability In the event any term, covenant, condition, provision, or agreement contained herein is held to be invalid, void, or otherwise unenforceable, by any court of competent jurisdiction, such holding shall in no way affect the validity or enforceability of any other term, covenant, condition,provision,or agreement contained herein 4.4. Governing Law This Agreement and the obligations of the parties hereunder shall be interpreted,construed,and enforced in accordance with the laws of the State of California. 4.5. Captions Section and section titles or captions contained herein are inserted as a matter of convenience and for reference, and in no way define, limit, extend, or describe the scope of this Agreement or any provisions hereof 4.6. Counterparts This Agreement may be executed in multiple counterparts, each of which shall be deemed to be an original agreement,and all of which shall constitute one Agreement. [Signature Page Follows] 4 IN WITNESS WHEREOF, this Agreement has been executed by the parties as of the date first written above PCGR PC GROUP RETAIL, L , a California limited h bili co pany r By Name Title 111CP r PCH PACIFIC CITY HOTEL, LLC, a Delaware limited liability company By Pacific City Investments, LLC Its Sole Member By Pacific Hospitality Group Ventures, Inc , a California corporation Its Executive Manager By Name Title CONSENT OF CITY OF HUNTINGTON BEACH AND LENDER CONSENTS AND SUBORDINATIONS FOLLOW 5 IN WITNESS WHEREOF, this Agreement has been executed by the parties as of the date first written above PCGR. PC GROUP RETAIL, LLC, a California limited liability company By- Name- Title. PCH PACIFIC CITY HOTEL, LLC, a Delawarelimrted liability company By Pacific City Investments, LLC Its. Sole Member By Pacific Hospitality Grou entures, Inc, a California cor ion Its Executiv arvager Name. Ti othy R. Busch Title do CONSENT OF CITY OF HUNTINGTON BEACH AND LENDER CONSENTS AND SUBORDINATIONS FOLLOW 5 ACKNOWLEDGMENT 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 the document STATE OF CALIFORNIA ) ) SS COUNTY OF SANTA BARBARA )On Febr 2Aar� 0411 , 2015, before me, Avvlw ro f t , a Notary Public, personally appeared $tL ar+o , who proved to me on the basis of satisfactory evidence to be the erson(\) whose name(is/fie,subscribed to the within instrument and acknowledged to me that he/s°hw/tttey executed the same in his/hW/thw authorized capacltyor4 and that by his/her/tltatr signatureN on the instrument the personN or the entity upon behalf of which the person(`s,)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 tiY FMT1 i CGIM1. ion•205M Signature (Seal) ie �Y Pubk•Caitom s ZSala Merl C" My Comm. m Nov 29.2017 1 (fT ACKNOWLEDGMENT 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 the document STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) On , before me, , a Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s)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 Signature (Seal) ACKNOWLEDGMENT 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 the document STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) On before me, , a Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(tes),and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) 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 Signature (Seal) ACKNOWLEDGMENT 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,accuiaty,or validity of the document STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) f On � �3� � , before me, V1(XGt- L • Won , a Notary Public, personally appeared i;Zd if CL-c who proved to me on the basis of atisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s)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 LYNDA L WONG COMM. #2082990 Signature (Seal) o PW @MY Gam.Exp.OCT 22.2018 CONSENT AND APPROVAL OF THE CITY OF HUNTINGTON BEACH The City of Huntington Beach hereby consents to the foregoing Agreement and Grant of Easements and agrees to accept the easements granted to it therein THE CITY OF HUNTINGTON BEACH 01 Dated By Name omas H bel Its City Engineer REVIEWED AND APPROVED AS TO FORM a By. Mi e Vigliott Assistant City Attorney ACKNOWLEDGMENT 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 the document STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) / On /� 2-0/3 before me, L . t9�Q_?*i4 , a Notary Public, personally appeared x,LO/r1 who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that(&)sh4Ahcy executed the same in ii hetAk r authorized capacity(Aa4 and that by is r signature on the instrument the person or the entity upon behalf of which the person( acted, executed the insfrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my h and official seal '�P�L.9$w PARS ZA Commisalon 0 2032750� • Notary Puft-CaUfmrda = Cranps Cou" Signature (Se ) Comm Expiros Ave2017 APPROVAL AND SUBORDINATION RETAIL PARCEL LENDER Bank of the Ozarks, as beneficiary under that certain Construction Deed of Trust, Security Agreement and Fixture Filing naming PC Group Retail, LLC, a California limited liability company, as the Trustor, dated as of June 18, 2014, and recorded against the Retail Parcel on June 18, 2014 as Instrument No 2014000240925 in the Official Records of the County Recorder for Orange County, California, as the same has been or may be amended (the "Deed of Trust"), hereby approves and consents to the grant of easements in the foregoing Agreement and Grant of Easements and unconditionally subordinates the lien and charge of the Deed of Trust to the Agreement and Grant of Easements Bank of the Ozarks By Name ,B,2Ff�P,�O /CAM BI.E.cO Its. DIIZEG7292 OF 0:$Cr 41"�lRr�EmE1T IQLpL�STf�TC 6PEC/4LT/E5 9"ap NOTARIAL ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certific to is attached,and not the truthfulness,accuracy,or validity of the document STATE OF ) COUNTY OF �/�N.�C�t WJ /fin � Q � n'/ ) ) On 12VR 10 2015, before me, An n e &6+ Notary Public, personally appeared $ X}AQ,t, VAt ffAMBLEAF, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of that the foregoing paragraph is true and correct WITNESS my hand and Official seal S A M PRy PU Fcf' Q ignature 2 (Seal) * j�� APPROVAL AND SUBORDINATION HOTEL PARCEL LENDER AMERICAN NATIONAL INSURANCE COMPANY, a Texas insurance company, as the beneficiary of that certain Construction and Long Term Deed of Trust, Assignment of Rents, Security Agreement and Fixture Filing, naming Pacific City Hotel, LLC, a Delaware limited liability company, as the Trustor, dated as of January 1, 2014 and recorded against the Hotel Parcel on January 29, 2014 as Instrument No 2014000037549 in the Official Records of the County Recorder for Orange County, California, as the same has been or may be amended (the "Deed of Trust"), hereby approves and consents to the grant of easements in the foregoing Agreement and Grant of Easements, and unconditionally subordinates the lien and charges of the Deed of Trust to the Agreement and Grant of Easements AMERICAN NATIONAL INSURANCE COMPANY, a Texas insurance company By Name Robert J.Kirchner Its Vice President NOTARIAL ACKNOWLEDGMENT 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 the document STATE OF,-- 'PA Te—X-0- S ) COUNTY OF C"t J V L'�;� ) On oR5 2015, before me, AA, ie 91:7-16 Notary Public, personally appeared J. WHEN w o proved to me on the bans of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) 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 leCHELSEA R GAT58 Notary Public State of Texas My Commission Expires OCT085R 31, 2016 S gnature (Seal) EXHIBIT"A-I" LEGAL DESCRIPTION In the City of Huntington Beach, County of Orange, State of California, being strips of land, varying in width, lying within Parcel I of Lot Line Adjustment No 2013-002, recorded November 26,2013 as Instrument No 2013-647256 in the Official Records of said county,described as follows STRIP 1: A strip of land 8 00 feet wide,the northeasterly sideline described as follows Beginning at a point in the southwesterly line of said Parcel 1, lying South 48°21'40" East 8 38 feet from the northwesterly terminus of a line shown as `N48°21'40"W 94 29"' on said Lot Line Adjustment, said point being the beginning of a curve concave southerly having a radius of 74 00 feet, a radial line to the beginning of said curve bears North 17°53'21" East, thence easterly 13 87 feet along said curve through a central angle of 10°44'25" to a compound curve concave southwesterly having a radius of 365 00 feet, thence southeasterly 56 00 feet along said curve through a central angle of 8°47'27", thence South 52°34'47" East 76 08 feet to a curve concave southwesterly having a radius of 487 00 feet, thence southeasterly 48 72 feet along said curve through a central angle of 5°43'54" to a reverse curve concave northeasterly having a radius of 121 00 feet, thence southeasterly 13 99 feet along said curve through a central angle of 6°37'29", thence South 53°28'22" East 94 24 feet to a curve concave southwesterly having a radius of 1007 00 feet,thence southeasterly 23 56 feet along said curve through a central angle of 1°20'26" to a reverse curve concave northeasterly having a radius of 993 00 feet, thence southeasterly 46 06 feet along said curve through a central angle of 2°39'28" to a reverse curve concave southwesterly having a radius of 124 00 feet, thence southeasterly 32 15 feet along said curve through a central angle of 14°51'25" to a reverse curve concave northeasterly having a radius of 5100 feet, thence southeasterly 2168 feet along said curve through a central angle of 24°21'05", thence South 64°17'04" East 59 59 feet to a curve concave southwesterly having a radius of 132 00 feet, thence southeasterly 55 99 feet along said curve through a central angle of 24°18'03" to a reverse curve concave northeasterly having a radius of 118 00 feet, thence southeasterly 33 79 feet along said curve through a central angle of 16°24'20" to a reverse curve concave southwesterly having a radius of 99 00 feet,thence southeasterly 27 28 feet along said curve through a central angle of 15°47'14" Revised February 10,2015 May 09,2014 WO No 3892-3 Page 1 of 4 H&A Legal No 8258 By L Fair Checked By K Vo EXHIBIT"A-1" LEGAL DESCRIPTION to a reverse curve concave northeasterly having a radius of 4100 feet,thence southeasterly 10 08 feet along said curve through a central angle of 14°04'49",thence South 54°40'56" East 37 45 feet to a curve concave northeasterly having a radius of 11 00 feet, thence southeasterly 2 14 feet along said curve through a central angle of 11'08'17" to a compound curve concave northeasterly having a radius of 73 00 feet, thence southeasterly 13 02 feet along said curve through a central angle of 10°13'21" to a reverse curve concave southwesterly having a radius of 12700 feet, thence southeasterly 75 80 feet along said curve through a central angle of 349 V52" to a reverse curve concave northeasterly having a radius of 88 00 feet,thence southeasterly 40 64 feet along said curve through a central angle of 26°27'28", thence South 68°18'10" East 14 17 feet to a curve concave southwesterly having a radius of 187 00 feet, thence southeasterly 62 79 feet along said curve through a central angle of 19'1417" to a point hereinafter referred to as `Point A', thence continuing along said curve southeasterly 27 70 feet through a central angle of 8°29'20" to a reverse curve concave northeasterly having a radius of 173 00 feet, thence southeasterly 70 23 feet along said curve through a central angle of 23°15'53", thence South 63°50'06" East 164 feet to a line parallel with and 10 00 feet northwesterly of the southeasterly line of said Parcel 1 and the Terminus of said Strip 1 Excepting therefrom any portion lying southwesterly of said southwesterly line of Parcel 1 The southwesterly sideline of said strip shall be shortened or lengthened so as to terminate in said line parallel with and 10 00 feet northwesterly of the southeasterly line of said Parcel 1. STRIP 2: A strip of land 8 00 feet wide,the northeasterly sideline described as follows Beginning at the heremabove described `Point A', thence North 26009'54" East 4 87 feet, thence South 63°50'06" East 54 45 feet, thence North 26°09'54" East 6 00 feet, thence South 63°50'06" East 4167 feet to a line parallel with and 10 00 feet northwesterly of the southeasterly line of said Parcel 1 and the Terminus of said Strip 2 Except therefrom any portion lying within Strip 1 as described heremabove Revised February 10,2015 May 09,2014 WO No 3892-3 Page 2 of 4 H&A Legal No 8258 By L Fair Checked By K Vo EXHIBIT"A-1" LEGAL DESCRIPTION The southwesterly sideline of said strip shall be shortened or lengthened so as to terminate in said line parallel with and 10 00 feet northwesterly of the southeasterly line of said Parcel 1 STRIP 3: A strip of land 10 00 feet wide lying within said Parcel 1, the southeasterly sideline of said strip being coincident with the southeasterly line of said Parcel 1 The northwesterly sideline of said strip shall be extended or shortened so as to terminate northeasterly in the northeasterly boundary and southwesterly in the southwesterly boundary of said Parcel 1 STRIP 4: A strip of land 4 00 feet wide lying within said Parcel 1, the westerly sideline of said strip being coincident^with the full length of a curve concave easterly in the westerly line of said Parcel 1 shown as having a radius of 27 00 feet, an arc length of 42 42 feet and a internal angle of 90°00'40" on said Lot Line Adjustment STRIP 5: A strip of land varying in width lying within said Parcel 1, the northwesterly sideline of said strip described as follows A strip of land 5 50 feet in width,Beginning at a point lying North 41°39'00" East 23 93 feet from the southwesterly terminus of a line shown as `N41°39'00"E 270 51"' in the northwesterly boundary of said Parcel 1 on said Lot Line Adjustment, thence along said northwesterly boundary, North 41°39'00" East 156 72 feet to a strip of land 17 50 feet wide, thence continuing along said northwesterly line and its northeasterly extension North 41°39'00" East 116 86 feet to the northwesterly extension of a line shown in the northeasterly boundary of said Parcel 1 as `N48021'23"W 293 20"'and the Point of Terminus Excepting therefrom any portion lying northerly of a curve concave southerly shown as having a radius of 27 00 feet, an internal angle of 89059'37" and a arc length of 42 41 feet in the northerly boundary of said Parcel 1 Revised February 10,2015 May 09,2014 WO No 3892-3 Page 3 of 4 H&A Legal No 8258 By L Fair Checked By K Vo EXHIBIT"A-1" LEGAL DESCRIPTION The northeasterly sideline of said strip shall be lengthened or shortened so as to terminate in said northerly boundary of Parcel I All as shown on Exhibit"A-2"attached hereto and by this reference made a part hereof ���ANNDD S`4j Lisa K Fair No 8299 ! (P o �9 J .tt Lisa,K Fair, L S No 8299 �OF CA!-�Ffl� Date Z ! j Revised February 10,2015 May 09,2014 WO No 3892-3 Page 4 of 4 11&A Legal No 8258 By L Fair Checked Fay K Vo EXHIBIT "A-211 Sketch to Accompany Legal Descrvpt%on LEGEND EASEMENT LINE ® INDICATES SHEET NUMBER C 0 0 IAND KAY,c 'S CO No 8299 �/���� OF DAL,�� �J LISA KAY FAIR, L S 8299 DATE © & ASSOCIATES I R U I N E , I N C EXHIBIT "A-2" PLANNING ■ ENGINEERING ■ SURVEYING Three Hughes • Irnne, CA 92618 • PH (949)5831010 • Fx(949)5830759 CITY OF HUNTINGTON BEACH,COUNTY OF ORANGE,STATE OF CAUFORNIA DATE 05 08 14 on, 2 3 15 w L FAIR c" R WHEELER SCALE. 1"= 200' W O 3892-3 "`� I Pacific Clt Id 8258 SHT01 dw H&A LEGAL No -82581 SHEET 1 OF 5 EXHIBIT "A-2" Sketch to Accompany Legal Descnption C C2 LEGEND EASEMENT LINE s• a 05, 1� �e P 0 B STRIP 5 ( ) INDICATES RECORD DATA PER STRIP 4 411 LOT LINE`ADJUSTMENT NO 2013-002, 4' INSTRUMENT NO 2013-647256, OR ( R=27 00' L=42 42') R,1� a°g1;�6 CURVE TABLE N2.RP0 P� a°g1'211�6p0 P 0 B CURVE DELTA RADIUS LENGTH - - -- �Q ---------------------- -- 5�0 C1 89°59'37" 27 00' 42 41' STRIP 1 ;'(t'�6 C2 69°23'58" 27 00' 32 70' C3 20*35'3-" 27 00' 9 71' SS S ° E06,,F �9y = SEE SHEET 3 © HUNSAKER & ASSOCIATES » I R V I N E »I N C EXHIBIT "A-2 1) • ENGINEERING ■ SURVEYING Three Hughes • Irme, CA 92618 • PH (949)583.1010 • FX(949)583 0759 CITY OF HUNTINGTON BEACH,COUNTY OF ORANGE,STATE OF CALIFORNIA DATE 05 08 14 OA E 2 3 15 ByG L FAIR By CK d R WHEELER SCALE 1"= 40' WO 3892-3 nLE I \Pacific City\Id\8258\SHT02 dwg H&A LEGAL No 82581 SHEET 2 OF 5 EXHIBIT "A-2" � Sketch to Accompany Legal Description / sT I '004 __N17°53'2,"-E ST [ SEE SHEET 2 RAD R=74 00' L=13 87' - N28°37'45"E --------------- Q) ^ RAD PCC Q ti� CPs _.—A=8°47'27" CO oP,-\ R=365 00' L=56 00' OCP- LEGEND \ ----------------p=5°43'54" EASEMENT LINE R=487 00' L=48 72' �i moo- N43°09'07"E - RAD PRC 4 J \ p=6°37'29" R=121 00' L=13 99' 1 C ��. �2 A=1°20'26" f� moo- L=23 56' ---------------- RAD PRC �1 A=2°39'28" v� f� \ - R=993 00' L=46 06' __N3.5°12'36"E RAD PRC __ --- A=14°51'25" ( ) INDICATES RECORD DAT PER R N50°004'01"E 215 A LOT LINE ADJUSTMENT NO 2013-002, INSTRUMENT NO 2013-647256, OR _ RAD PRC R=51 ' 68 L=21 68' SEE SHEET 4 © & ASSOCIATES I R U I N E I N C EXHIBIT "" -2" PLANNING ■ ENGINEERING ■ SURVEYING Three Hughes • bone, CA 92618 • PH (949)5831010 • FTC(949)5830759 CITY OF HUNTINGTON BEACH,COUNTY OF ORANGE,STATE OF CALIFORNIA DATE 05 08 14 oA. 2 3 15 Bye L FAIR ay° R WHEELER SCALE. 1"= 50' WO 3892-3 FILE I \Pacific Qty\Id\8258\SHT02 dwg H&A LEGAL No 82581 SHEET 3 OF 5 SEE SHEET 3 EXHIBIT PYA-2py Sketch to Accompany Legal Descnpfton ----N50'04'-01"E RAID PRC -----------;Zii- A--24'21'05" =51 00' L=21 68' 5ro 5r. A--24018'03" --------- R=132 00' L=55 99' N50*00'59"E Ri6-vkc- A--16'24'20" R=11800' L=3379' N33'36'39"E RAID PRC --------------:7- A--15'47'14" R=99 00' L=27 28' LEGEND -N-49 0 23-'53"-E EASEMENT LINE RAID PRC ------ A--1 4*04'49" 41 00' L=10 08' A--1 1*08'17" 00' L=2 14' S54*40'56"E 37 45'-, A--1 0*13,21 R=7300' L=1302' N24'10' 7"E N1 3*57'26"E --------- - ------------------- WiD---FCC —1 :---" 1��\ RAID PRC sr- P '5' 00 cp O. POINT 'A' P 0 8 STRIP 2 INDICATES RECORD DATA PER -00. tK, LOT LINE ADJUSTMENT NO 2013-002, INSTRUMENT NO 2013-647256, OR 0 SEE SHEET 5 HUNSAKER & ASSOCIATES I R V I N E , I N C EXHIBIT Y'A-2yy PLANNING - ENGINEERING - SURVEYING Three Hughes - Imne, CA 92618 - PH (949)5831010 - FX(949)5830759 CITY OF HUNTINGTON BEACH,COUNTY OF ORANGE,STATE OF CALIFORNIA DATE 1E D,, 05/08/147 DA'TE 2/3/15 ,"L FAIR eyd R. WHEELER SCALE 1"= 50' W 0 3892-3 "` E I \Pacific City\Id\8258\SHT04 dwg H&A LEGAL No. 82581 SHEET 4 OF 5 EXHIBIT "A-211 Sketch to Accompany Legal Descnptaon LEGEND 25331� - °50'1� � EASEMENT LINE 10' ( ) INDICATES RECORD DATA PER LOT LINE ADJUSTMENT NO 2013-002, INSTRUMENT NO 2013-647256, OR DETAIL N T S z J 4167'- - S63°50'06"EcJi , 00 00 a a N STRIP 2 rn� 0 o 1) S00 10 M n 6=23°15'33 761• 6F w o R=173 00' � N n1 � L=70 23' ----- -oIn z 0 o z o N '0 J STRIP 1 00 z J � I % see a 742 64' ---o I`-10 12'-, % oFTgi`tiF �— (N54°40'53"W 752 76') 0 uj CD�`D 010 Inoo S6J°S 10' o P CD a DO: uj �J oPO A' ors N 6� F,. 0 06 �00 00 ? S _, 635�0'5, W Zi � �19°14'17" STRIP 2 l L1J L=62 79' --- II STRIP 1 bo 0=8°29'20" --- L1J L=27 70' L1J 142 64 ---_ - �— (N54040'53"W y� s 752 76') I - ci PACIFIC COAST HIGHWAY "�P © HUNSAKER & ASSOCIATES » I R V I N E »I N C EXHIBIT A-2 PLANNING ■ ENGINEERING SURVEYING Three Hughes • Imne, CA 92618 • PH (949)5831010 •FX.(949)5630759 CITY OF HUNTINGTON BEACH,COUNTY OF ORANGE,STATE OF CALIFORNIA DATE 05 08 14 oA, 2 3 15 ByC L FAIR Byd R WHEELER SCALE 1"= 50' W O 3892-3 [FILE I \Pacific City\Id\8258\SHT05 dwg H&A LEGAL No 82581 SHEET 5 0F 5 EXHIBIT "B-1" LEGAL DESCRIPTION FOR ACCESS EASEMENT PURPOSES TWO (2) STRIPS OF LAND, VARYING IN WIDTH, LYING WITHIN THAT PORTION OF PARCEL 2 OF LOT LINE ADJUSTMENT NO 2013-002, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, RECORDED NOVEMBER 26, 2013 AS INSTRUMENT NO 2013-647256, OFFICIAL RECORDS OF THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS STRIP NO 1 THE NORTHWESTERLY 10 00 FEET OF THE ABOVE DESCRIBED PARCEL 2 STRIP NO 2 A STRIP OF LAND, 8 00 FEET IN WIDTH, LYING 4 00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE COMMENCING AT THE SOUTHWESTERLY CORNER OF SAID PARCEL 2, THENCE, ALONG THE SOUTHWESTERLY LINE OF SAID PARCEL 2, SOUTH 54040'53" EAST 10 13 FEET TO A LINE PARALLEL WITH AND DISTANT 10 00 FEET SOUTHEASTERLY, MEASURED AT RIGHT ANGLES, FROM THE NORTHWESTERLY LINE OF SAID PARCEL 2, THENCE, LEAVING SAID SOUTHERLY LINE AND ALONG SAID PARALLEL LINE, NORTH 26009'54" EAST 14 40 FEET TO THE TRUE POINT OF BEGINNING, THENCE, LEAVING SAID LINE AND PERPENDICULAR TO SAID PARALLEL LINE, SOUTH 63050'06" EAST 0 47 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 124 00 FEET, THENCE, SOUTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 25005'49" AN ARC LENGTH OF 54 32 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 156 00 FEET, A RADIAL BEARING TO SAID CURVE BEARS SOUTH 51015'43" WEST FROM THE RADIUS OF SAID CURVE TO THE POINT OF REVERSE CURVATURE, THENCE, SOUTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 23027'41" AN ARC LENGTH OF 63 88 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 79 00 FEET, A RADIAL BEARING TO SAID CURVE BEARS NORTH 27048'02" EAST FROM THE RADIUS OF SAID CURVE TO THE POINT OF REVERSE CURVATURE, THENCE, SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 12056'28" AN ARC LENGTH OF 17 84 FEET TO SAID SOUTHWESTERLY LINE OF SAID PARCEL 2, THE SIDELINES OF SAID STRIP TO BE PROLONGED OR SHORTENED TO TERMINATE NORTHWESTERLY AT THE SOUTHEASTERLY LINE OF THE ABOVE DESCRIBED STRIP NO 1 AND SOUTHEASTERLY AT SAID SOUTHWESTERLY LINE OF PARCEL 2 Page 1 of 2 CONTAINING A TOTAL AREA OF 4,709 SQUARE FEET, MORE OR LESS ALSO SHOWN IN EXHIBIT"B-2", ATTACHED HEREWITH AND MADE A PART HEREOF 5- ,¢ I, s DATE SOY RON 2 DUSTIN BYRON WILTON, PLS 8080 LICENSE EXPIRES 12/31/2015 ! ho eoe0 * IXP'2-31-1sr OF CAU P Page 2 of 2 10' STRIP NO 1 ill 50' PARCEL 2 LLA NO. 2013-002 INST. NO. 2013-647256 O.R. REC. 11/26/13 10' SEE SHEET 2 OF 2 FOR DETAIL I I -- - - - - - -- --- -- -- I \ / LEGEND• 0 50 100 P O C POINT OF COMMENCEMENT T P O B TRUE POINT OF BEGINNING 1 Inch = 50 ft EXHIBIT "B-2" TAIT&ASSOCIATES INC 1 OF 2 CITY OF HUNTINGTON BEACH Engineering Surveying Environmental COUNTY OF ORANGE 701 PARKCENTER DRIVE,SANTAANA,CALIFORNIA92705 STATE OF CALIFORNIA TEL (714)560-8200 SW'LY CDR PCL 2 NW'LY LINE PCL 2 P 0 C STRIP#2 / o T P 0 B STRIP#2 1"=20' -' L2 N26. 09' 54"E (RAD) L3 8' UI / PARCEL 2 LLA NO. 2013-002 N INST. NO. a 2013-647256 O.R. z Ss�• REC. 11/26/13 J � . � (RgOs 43'h, U� I i 8, LINE TABLE NUMBER BEARING LENGTH I L1 S54. 40' 53"E 1013' N27' 48' 02"E L2 N26. 09' WE 14 40' (RAD)(P- � LAND L3 S63. 50' 06"E 0 47' \ONp M, 5 BYRON SG o�.c CURVE TABLE Z ° CURVE DELTA RADIUS LENGTH No 8080 C1 25' 05' 49" 124 00' 54 32' * EXP 12-31-2015 23. 27' 41" 156 00' 63 88' qTF OF CAt-� C3 12. 56' 28" 79 00' 1 17 84' EXHIBIT "B-2" TAIT &ASSOCIATES INC 2 OF 2 CITY OF HUNTINGTON BEACH Engineering Surveying Environmental COUNTY OF ORANGE 701 PARKCENTER DRIVE,SANTAANA,CALIFORNIA92705 STATE OF CALIFORNIA TEL (714)560-8200 0 N o G i e �y r Tyah T \/ V 0 N 00 v � s; v v � s s � � � - v s � � � T -T � s Z S 0 � w P W V Q ZV ad WU �a LU aZ Y o� 0 w o 'y V v U by Z M+I a D • x� (� U j 3 w Oa x U� ww Z zw w �V O 0> V N