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HomeMy WebLinkAboutCity Council - 2016-60 RESOLUTION NO. 2016-60 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH FINDING AND DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE CONDEMNATION OF A PERMANENT STREET EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT IN CERTAIN REAL PROPERTY LOCATED AT 80 HUNTINGTON STREET, CITY OF HUNTINGTON BEACH, ORANGE COUNTY ASSESSOR'S PARCEL NO. 024-291-16, FOR THE ATLANTA AVENUE WIDENING PROJECT WHEREAS, the project for purposes of this real property acquisition consists of widening and improving Atlanta Avenue between Huntington and Delaware Streets in the City of Huntington Beach (the "Project"); and The Circulation Element of the General Plan of the City of Huntington Beach ("City") designates Atlanta Avenue as a four-lane primary arterial street with a center median and bike lanes in both directions. Pursuant to Resolution No. 2005-5, the City Council found that the arterial highway portion of the City's Circulation Element conforms with the Master Plan of Arterial Highways of the County of Orange ("MPAH"), which also designates Atlanta Avenue as a primary arterial street. The City is required to have an adopted Circulation Element consistent with the MPAH and to pursue build-out of the street system to maintain acceptable traffic operation and regional mobility to receive Measure M funds and grants for the improvement of City arterial streets; and The segment of Atlanta Avenue between Huntington Street and Delaware Street does not currently comply with its primary arterial designation in the City's Circulation Element and the MPAH. This segment of Atlanta Avenue requires widening to meet current and future traffic operation needs in the area. Widening the street to a four-lane divided street will address traffic capacity deficiencies, and more safely and efficiently accommodate bicyclists, pedestrians and transit access in the area. This segment currently has a single lane of travel in each direction, no bicycle lanes, and a portion of the south side of the roadway near Delaware with no curbs, gutters, or sidewalks. The widening of this last remaining section will result in a total public right-of-way of 89.75 to 105 feet, with four through lanes, including median, bicycle lanes, and curbs, gutters and sidewalks. The street will conform and align with the existing, fully improved public roadway to the immediate east and west of the segment and significantly improve overall traffic operations, traffic and pedestrian safety, and transit 1 14-4209/118349.doc RESOLUTION NO. 2016-60 operations between First Street and Beach Boulevard. The recommended design provides only the minimum required facilities to meet the needs of all forms of transportation in the area, thus minimizing private property acquisition and impacts; and Pursuant to Resolution No. 2005-6, the City Council authorized City Staff to apply to the Orange County Transportation Authority ("OCTA") for funding for various arterial street improvements, including the Project. Subsequently in June 2005, OCTA allocated transportation grant funding to the City for the Project; and The City also has been awarded and is applying for additional grants; and The State of California Department of Transportation ("CalTrans") administers Federal grant funding for right-of-way acquisitions. CalTrans will not authorize the City to advertise for or award construction contracts for federally financed projects until the City certifies that it has possession of the Property; and The approvals granted for the Project, including but not limited to the Recirculated Negative Declaration No. 09-001, which the City Council approved on February 19, 2013, the Coastal Development Permit No. 09-001 and Conditional Use Permit No. 09-019, both of which the City Planning Commission approved on April 23, 2013, and all other Project amendments are incorporated by this reference and made a part of this Resolution; and The Project will serve the public interest by improving public safety and decreasing traffic congestion. Recently, Pacific City (located west of the Park) as a condition of its development widened Atlanta Avenue between First and Huntington Streets. This has resulted in the section of Atlanta between Delaware and Huntington as the lone remaining "choke point" on Atlanta between Beach Boulevard and First Street; and The "choke point" in the section of Atlanta between Delaware and Huntington has resulted in street alignments that require additional motorist decisions. Narrowing roadways have a greater potential for merging accidents and motorists inadvertently driving vehicles off of the street. The Project will help to minimize accident potential and provide improved traffic safety; and The Project also will accommodate local transit services. Current transit activity turning from Huntington Street and stopping on Atlanta Avenue is constrained due to the width of the roadway, the tight corner and the presence of cyclists on Atlanta. Widening the roadway to provide two eastbound travel lanes and a bike lane will help to reduce the impacts of the bus 2 14-4209/118349.doc RESOLUTION NO. 2016-60 stop and improve the ability for the roadway to accommodate bus turns. The sidewalk improvements that would be included in the Project will provide Americans with Disability Act ("ADA") compliant areas for pedestrians along the south side of Atlanta and accommodate ADA requirements for transit stops which are not met with the current interim treatment; and The Project also will improve bicycle safety. Widening the roadway will provide additional maneuvering area for vehicles, including buses and give bicyclists greater opportunity to avoid conflicts with motorists; and By constructing the ultimate width necessary for an additional through lane and bike lane in each direction of travel, the Project will, among other things, eliminate the existing "choke point" at the intersection of Atlanta Avenue and Huntington Street, provide additional traffic capacity, and bring this last remaining segment of Atlanta Avenue into conformance with both the City's Circulation Element and the MPAH; and In order to construct the Project, the City must acquire a portion of the mobile home park located at 80 Huntington Street in the City of Huntington Beach and identified as Orange County Assessor's Parcel No. 024-291-16 (the "Park"). The Park is adjacent to the south side of Atlanta Avenue between Huntington and Delaware Streets, immediately abutting the Project. This partial land acquisition will require reconstruction of a portion of the Park's internal circulation road and directly impact eight mobile homes (Space Nos. 101, 102, 201, 301, 302, 401, 501, and 502) located at the northern end of the Park along its Atlanta Avenue frontage; and The real property interests required for the Project include a Permanent Street Easement, legally described and depicted in the attached Exhibit 1, and a Temporary Construction Easement ("TCE") legally described and depicted in the attached Exhibit 2. Both the Permanent Street Easement and the TCE will be collectively referred to as the "Property;" and The Permanent Street Easement encompasses approximately 14,950 square feet and will run the entire length of the Park along Atlanta Avenue; and The TCE area encompasses 31,501 square feet and lies south of the Permanent Street Easement. The term of the TCE begins when the City takes legal possession of the TCE and ends after two (2) years or when the City files a Notice of Completion of the Project, whichever occurs first. Notwithstanding the two year maximum period of the TCE, the City's actual 3 14-4209/1 18349.doc RESOLUTION NO. 2016-60 physical use and occupancy of the TCE shall be limited to a period of one (1) year. During the one year period of the City's physical use and occupancy of the TCE, the City shall maintain or provide to the entirety of the Park reasonable vehicular and pedestrian access comparable to the Park's existing or pre-construction condition. However, certain construction activities including, but not limited to asphalt paving, and curb and gutter construction may temporarily suspend the City-provided access to the mobile homes located on Space Nos. 103, 202, 402 and 403 of the Park. All construction activities that may temporarily prevent pedestrian or vehicular access to the mobile homes located on Space Nos. 103, 202, 402 and 403 shall be limited to the hours of 8:00 a.m. to 5:00 p.m., local time, and such access shall be limited for no more than ten (10) working days. Except during the City's one year period of physical use and occupancy of the TCE, the City shall not interfere in any way with access throughout the TCE area; and Aerial depictions of the Permanent Street Easement and the TCE are attached at Exhibits 3 and 4, respectively. Exhibits 3 and 4 are provided for illustrative purposes only. The legal descriptions and plat maps at Exhibits 1 and 2 shall be controlling for all purposes; and The City Council is authorized under Government Code Sections 37350.5 and 40404 to utilize the power of eminent domain to acquire real property for the purpose of installing, constructing and widening public streets, and for related public purposes which are a governmental function of the City; and The Property to be acquired may be subject to easements and rights of way appropriated to existing public use(s). The legal descriptions of those easements and rights of way are on file with the City and describe the general location and extent of the easements and rights of way with sufficient detail for reasonable identification. The herein described use or uses will not unreasonably interfere with or impair the continuance of the public use as it now exists or may reasonably be expected to exist in the future. The City is authorized to acquire the Property subject to such existing public use(s) pursuant to section 1240.510 of the California Code of Civil Procedure; and Pursuant to Govermment Code Section 7267.2, on February 4, 2015, the City presented to the owner(s) of record of the Property a written offer to purchase the Property for the Project; and 4 14-4209/1 18349.doc RESOLUTION NO. 2016-60 In accordance with Section 1245.235 of the California Code of Civil Procedure, on August 12, 2016, the City Clerk mailed to the address of all persons whose names appear on the last equalized county assessment roll as having an interest in the Property a letter, entitled "Notice of Intent of the City Council to Adopt a Resolution of Necessity for Acquisition by Eminent Domain of Portions of Property located at 80 Huntington Street, Huntington Beach, California, Assessor's Parcel No. 024-291-16" ("Notice of Intent"). The Notice of Intent notified the owners of the Property that on September 6, 2016, at 6:00 p.m. at 2000 Main Street, Huntington Beach, California, the City Council would consider whether to adopt a Resolution of Necessity authorizing condemnation of the Property, and that each owner would be given a reasonable opportunity to appear and be heard by the City Council on the matters referred to at Sections 1240.030 and 1245.230 of the California Code of Civil Procedure; and On September 6, 2016, the City Council considered the matters specified in California Code of Civil Procedure Sections 1240.030 and 1245.230, including the following: (a) whether the public interest and necessity require the Project; (b) whether the Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; (c) whether the Property is necessary for the Project; and (d) whether the City made an offer to the owner(s) of record of the Property to purchase the Property (unless the owner could not be located with reasonable diligence), as required by Government Code Section 7267.2; and The City may adopt a Resolution of Necessity pursuant to Section 1240.040 of the California Code of Civil Procedure. NOW, THEREFORE, by a vote of two-thirds or more of its Council Members, the City of Huntington Beach does hereby find, determine, resolve and order as follows: Section 1. Incorporation of Findings and Recitals. The above findings and recitals are true and correct and are incorporated in full by this reference. Section 2. Compliance with California Code of Civil Procedure. The City has complied with Section 1245.235 of the California Code of Civil Procedure regarding notice and opportunity to be heard. Section 3. Public Use. The Property is to be acquired for the public use of construction of the Project, a public street improvement, as more fully described above. 5 14-4209/1 18349.doc RESOLUTION NO. 2016-60 Section 4. Authority to Condemn. The City Council is authorized under Government Code Sections 37350.5 and 40404 to utilize the power of eminent domain to acquire real property for the purpose of installing, constructing and widening public streets, and for related public purposes which are a governmental function of the City. Section 5. Necessity. The City Council finds that: (a) The public interest and necessity require the Project to improve public safety, decrease traffic congestion, and help complete the networks of arterial streets throughout the City of Huntington Beach and the County of Orange. (b) The Project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury. (c) The Property described in this Resolution and Exhibits 1 and 2 is necessary for the Project. Section 6. Description of Property Interests. The property interests to be acquired are more particularly described and depicted in Exhibits 1 and 2. Section 7. California Envirommental Quality Act and City Planning and Zoning Code. The City Council finds as follows: (a) On February 19, 2013 the City Council adopted Recirculated Mitigated Negative Declaration No. 09-001 which was prepared in compliance with Article 6 of the California Environmental Quality Act ("CEQA") Guidelines. The City Council found there is no substantial evidence that the Project, as mitigated through the mitigation measures, would have a significant effect on the environment. (b) On April 23, 2013 the City Planning Commission approved Coastal Development Permit No. 2009-001. The Planning Commission found the Project would bring the segment of Atlanta Avenue between Huntington Street and Delaware Street into compliance with the primary arterial designation specified in the City's General Plan Circulation Element, the City's certified Local Coastal Program, and the MPAH. The Planning Commission also found the Project consistent with the requirements of the CZ Overlay District, the base zoning district, as well as other applicable provisions of the Huntington Beach Zoning and Subdivision Ordinance. The Planning Commission found the Project conforms to the public access and public 6 14-4209/118349.doc RESOLUTION NO. 2016-60 recreation policies of Chapter 3 of the California Coastal Act and will not impact existing public access or recreation opportunities in the coastal zone. (c) On April 23, 2013 the Planning Commission approved Conditional Use Permit No. 09-019 ("CUP") to permit as part of the Project construction of an eight-foot tall block wall in lieu of the maximum allowable 42-inches within the 10-foot front yard setback along the Atlanta Avenue frontage of the Park. The Planning Commission found the wall would improve public safety and ensure continued privacy of the Park. The Planning Commission found that granting the CUP would not adversely affect the General Plan and would comply with the provisions of the base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance. Additionally, the Planning Commission found the CUP would further the circulation, coastal, and urban design elements of the General Plan. Section 8. Appraisal. The Property was appraised in conformance with Sections 7267.1 and 7267.2 of the California Government Code. The City established just compensation for the Property based on the appraisal. The City then presented an offer to purchase the Property to the owner(s) of record of the Property, along with a written summary statement showing the appraised value of the Property in the amount of the offer. Section 9. Findings. The City Council hereby finds, determines and declares each of the following: (a) The public interest and necessity require the Project; (b) The Project is planned or located in the manner that will be most compatible with the greatest public good and least private injury; (c) The Property sought for acquisition, as described and depicted in Exhibits 1 and 2, is necessary for the Project; (d) The City has made an offer to purchase the Property to the owners of record of the Property, as required by Section 7267.2 of the California Government Code; and (e) The City has complied with all conditions and statutory requirements necessary to exercise the power of eminent domain to acquire the Property described at Exhibits 1 and 2. 7 14-4209/1 18349.doc RESOLUTION NO. 2016-60 Section 10. Other Public Uses. The Property to be acquired may be subject to easements and rights of way appropriated to existing public use. These uses either will not unreasonably interfere with or impair the continuance of the public use as it now exists or may reasonably be expected to exist in the future, as provided for under Section 1240.510 of the California Code of Civil Procedure, or will be a more necessary public use(s) than the use to which the property is appropriated, as provided for under Section 1240.610 of the California Code of Civil Procedure. Section 11. Further Activities. The City Attorney is authorized and empowered to acquire the Property in the name of and on behalf of the City by eminent domain, and is authorized to institute and prosecute such legal proceedings as may be required. The City Attorney is further authorized to take such steps as may be authorized and required by law, and to make security deposits as may be required by order of court, to permit the City to take possession of and use of the Property at the earliest possible time. Section 12. Deposit. The City Treasurer is hereby authorized and directed to draw its warrant account in the amount of Two Million Six Hundred Thirty-Six Thousand Dollars ($2,636,000.00), the warrant to be made payable to the State Treasurer, and delivered to the City Attorney, to be deposited with the payee as security for the Order for Prejudgment Possession Before Judgment. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 6th day of September , 2016. Aool� 4044 May REVIEW D ND APPROVED: APPROVED AS TO RM: 4Cityangffel Cit ttorney NITIATED AND APPROVED: Director of Public *JrIrs 8 1 4-4209/1 1 8349.doc LEGAL DESCRIPTION OF PERMANENT STREET EASEMENT (8 pages) EXHIBIT 1 PERINUATENT STREET EASEMENT The property burdened by this Permanent Street Easement is a portion of the property commonly known as Pacific Mobile Home Park (the "Park") which is located at 80 Huntington Street, Huntington Beach, State of California_ The Park is legally described on the attached Exhibit "A" and depicted on the plat map attached as Exhibit `B." The Permanent Street Easement is that portion of the Park legally described in the attached Exhibit "C" and depicted on the plat map attached as Exhibit"D." 118605.docx Exhibit A SHEET 1 OE 3 THOSE LANDS IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS DESCRIBED IN THE GRANT DEED FROM (1) LEGACY 42680 HOLDINGS, LLC, (ii) FOOTHILL TO SUMMIT PROPERTIES, LLC, AND (iii) SIZABLE PROPERTIES, LLC, TO (i) 80 HUNTINGTON I, LLC, AND (ii) 80 HUNTINGTON II, LLC RECORDED 18 JUNE, 2013 AS INSTRUMENT NUMBER 2013000368964, SAID LANDS BEING DESCRIBED IN THIS GRANT DEED AS BEING A PORTION OF THE NORTH HALF (1/2), OF THE NORTHEAST QUARTER (1/4), OF FRACTIONAL SECTION 14, TOWNSHIP 6 SOUTH, RANGE 11 WEST, SAN BERNARDINO MERIDIAN, AS SHOWN ON THE MAP FILED IN BOOK 51, PAGE 14 OF MISCELLANEOUS MAPS, IN RECORDS OF SAID COUNTY MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE WEST HALF (1/2) OF THE NORTHWEST QUARTER (1/4) OF THE NORTHEAST QUARTER (1/4), OF SAID SECTION 14; THENCE EAST ALONG THE NORTH LINE OF SAID SECTION 14, A DISTANCE OF 660.02 FEET; THENCE SOUTH PARALLEL TO THE EAST LINE OF THE WEST HALF (1/2) OF THE NORTHWEST QUARTER (1/4) OF THE NORTHEAST QUARTER (1/4) OF SAID SECTION 14, A DISTANCE OF 1319.95 FEET TO A POINT ON THE SOUTH LINE OF SAID NORTH HALF (1/2); THENCE WEST ALONG THE SOUTH LINE OF SAID NORTH HALF (1/2), 660.02 FEET TO A POINT ON THE EAST LINE OF SAID WEST HALF (1/2); THENCE NORTH ALONG THE EAST LINE OF SAID WEST HALF (1/2), 1319.95 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION OF SAID LAND DESCRIBED IN A DEED TO THE CITY OF HUNTINGTON BEACH, RECORDED 27 APRIL, 1989 AS INSTRUMENT NUMBER 89-221830 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTH LINE, OF SAID NORTH HALF (1/2) WITH THE CENTERLINE OF HUNTINGTON STREET, (60.00 FEET WIDE), AS SHOWN ON RECORD OF SURVEY NUMBER 81-1151 FILED IN RECORD OF SURVEY BOOK 103, PAGES 28 AND 29, IN RECORDS OF SAID COUNTY; Legal Description PACIFIC MOBILE HOME PARK APN 024-291 - 16 �J• a� CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS Exhibit A (CONTINUED ) SHEET 2 OF 3 THENCE NORTH 00'42'59" WEST, 167.07 FEET ALONG SAID CENTERLINE; THENCE THE FOLLOWING COURSES: SOUTH 59'21'49" EAST, 72.43 FEET TO THE BEGINNING OF AN 8.00 FOOT RADIUS CURVE THAT IS CONCAVE NORTHERLY; EASTERLY 8.38 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 60'00'00", TO THE BEGINNING OF AN 8.00 FOOT RADIUS REVERSE CURVE THAT IS CONCAVE SOUTHERLY; EASTERLY 8.38 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 60'00'00"; SOUTH 59'21'49" EAST, 35.77 FEET TO THE BEGINNING OF 2452.00 FOOT RADIUS CURVE THAT IS CONCAVE SOUTHWESTERLY; SOUTHEASTERLY 4.51 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF DO'06'19" TO THE BEGINNING OF AN 8.DO FOOT RADIUS COMPOUND CURVE THAT IS CONCAVE SOUTHWESTERLY; SOUTHEASTERLY 8.40 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 60'09'44" TO THE BEGINNING OF AN 8.00 FOOT RADIUS REVERSE CURVE THAT IS CONCAVE NORTHEASTERLY; SOUTHEASTERLY 8.36 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 59'50'17" TO THE BEGINNING OF AN 2444.00 FOOT RADIUS REVERSE CURVE THAT IS CONCAVE SOUTHWESTERLY; SOUTHEASTERLY 63.14 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 01'28'48" TO THE BEGINNING OF AN 8.00 FOOT RADIUS REVERSE CURVE THAT IS CONCAVE NORTHERLY; EASTERLY 8.36 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 59'50'17" TO THE BEGINNING OF AN 8.00 FOOT RADIUS REVERSE CURVE THAT IS CONCAVE SOUTHERLY; EASTERLY 8.40 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 60'09'44" TO THE BEGINNING OF AN 2452.00 FOOT RADIUS COMPOUND CURVE THAT IS CONCAVE SOUTHWESTERLY; SOUTHEASTERLY 64.60 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 0130'34" TO THE BEGINNING OF AN 8,00 FOOT RADIUS COMPOUND CURVE THAT IS CONCAVE SOUTHWESTERLY; Legal Description PACIFIC MOBILE HOME PARK APN 024-291 -16 Elm CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS Exhibit A, ( CONTINUED) SHEET 3 OF 3 SOUTHEASTERLY 8.40 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 60'09'44" TO THE BEGINNING OF AN 8.00 FOOT RADIUS REVERSE CURVE THAT IS CONCAVE NORTHEASTERLY; SOUTHEASTERLY 8.36 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 59'50'17" TO THE BEGINNING OF AN 2444.00 FOOT RADIUS REVERSE CURVE CONCAVE SOUTHWESTERLY; SOUTHEASTERLY 17.33 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 00'24'22" TO THE SOUTH LINE OF SAID NORTH HALF (1/2); SOUTH 89'43'07" WEST, 263.18 FEET ALONG SAID SOUTH LINE TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL OF LAND CONTAINING 547,526 SQUARE FEET (19.46 ACRES), MORE OR LESS SUBJECT TO ALL EXISTING COVENANTS, RIGHTS, RIGHTS OF WAYS AND EASEMENTS OF RECORD. ASSESSORS PARCEL NUMBER 024-291-16 LAND R "1/V Uo =o EXP. 12-31-15 � * JOSEPH G. DERLET'H 9Tf LS. 7340 P.L.S. 7340, EXPIRES 12/31/15 pF CAL%F Legal Description PACIFIC MOBILE HOME PARK APN 024-291 -1 6 AI e CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS NE COR, W 1/2, NW 1/4, NE Exhibit B 1/4, FRAC SEC 14, T.6S., R.11W., S.B.M., POINT OF BEGINNING SHEET 1 OF I N'LY LINE, FRAC SEC 14, T.6S., R_11 W., S.B.M. 30' (�ATLANTA AVE <NB9'43'00" 660.02'> (660.02') LS'LY LINE OF ATLANTA f I 0' NE COR OF AVENUE (60' WIDE) PER FRAC SEC 14, 103/313 DEEDS Im I T.6S., R.11 W., I m S.B.M. I {� 20.00' 30' W'LY LINE = I TRACT 95BO, 1 60.00' LA 444/29-31 M.M. 0 v I I o J I U-) c' EAST LINE OF HUNTINGTON _ LLJ Q N z M STREET (60' WIDE), PER CITY Q U U Q �. RESOLUTION 1125, RECORDED !°' W 1< n IF IN 2045/53 O.R. (�I :'.N m m Z '-o _. o Lu CD oN� GROSS AREA 19.46 ACRES o C) �' z o, z � NET AREA 18.22 ACRESLu 0' � �I NOTE: NET AREA EQUALS I z GROSS AREA LESS EXISTING ! �' £ I I O z DEDICATED ROADWAY RIGHT OF N o WAYS. �a- z I - - _ 1 inch = 200 ft. I 30 6 Q 00' I \-AND G m zCn t'- jL _ _._.._ti _. EXP. 12-31-15 S'LY LINE, N 1/2, NE 1/4, FRAC SEC 14, T.6S., R.11 W. I `p LS. 7340 PER TRACT 13045, BOOK 62B lF OF CA1.1f�F� 1 AGES 46 AND 47 OF M.M. 20.2 1,-- iv 396.B3' LEGEND: <N89'42'47" 660.02'> (660.02') < > = RECORD PER RECORD OF SURVEY 2012-1014, 261/1-10 R.S_B. ( ) = RECORD PER INSTR NO. 2013000368964 O.R_ P LAT PACIFIC MOBILE HOME PARK APN 024-291 -16 bum CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS Exhibit C SHEET 1 OF 2 F-THAT PORTION OF THOSE LANDS IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS DESCRIBED IN THE GRANT DEED FROM (i) LEGACY 42680 HOLDINGS, LLC, (ii) FOOTHILL TO SUMMIT PROPERTIES, LLC, AND (iii) SIZABLE PROPERTIES, LLC, TO (1) 80 HUNTINGTON I, LLC, AND (ii) 80 HUNTINGTON II, LLC RECORDED 18 JUNE, 2013 AS INSTRUMENT NUMBER 2013000368964, SAID LANDS BEING DESCRIBED AS BEING A PORTION OF THE EAST HALF (1/2), OF THE NORTHWEST QUARTER (1/4), OF THE NORTHEAST QUARTER (1/4), OF FRACTIONAL SECTION 14, TOWNSHIP 6 SOUTH, RANGE 11 WEST, SAN BERNARDINO MERIDIAN, AS SHOWN ON THE MAP FILED IN BOOK 51, PAGE 14 OF MISCELLANEOUS MAPS, IN RECORDS OF SAID COUNTY MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER, OF THE WEST HALF (1/2) OF THE NORTHWEST QUARTER (1/4), OF THE NORTHEAST QUARTER (1/4), OF SAID FRACTIONAL SECTION 14; THENCE EASTERLY ALONG THE NORTH LINE OF SAID FRACTIONAL SECTION 14, NORTH 89'43'00" EAST, 660.02 FEET TO THE NORTHERLY TERMINUS OF A LINE PARALLEL TO AND 660.00 FEET EASTERLY OF THE EASTERLY LINE OF THE WEST HALF (1/2), OF THE NORTHWEST QUARTER (1/4), OF THE NORTHEAST (1/4) OF SAID FRACTIONAL SECTION 14; THEN-CE SOUTHERLY, ALONG SAID PARALLEL LINE, SOUTH 00'43'19" EAST, 30.00 FEET, TO A POINT ON THE SOUTH LINE OF ATLANTA AVENUE (60.00 FEET WIDE) AS DEDICATED TO THE COUNTY OF ORANGE, IN THE DOCUMENT RECORDED 5 MAY, 1904, IN BOOK 103, PAGE 313 OF DEEDS, IN RECORDS OF SAID COUNTY, SAID POINT BEING THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE SOUTHERLY CONTINUING ALONG SAID PARALLEL LINE SOUTH 00`43'19" EAST, 20.05 FEET; THENCE SOUTH 89'06'11" WEST, 461.93 FEET TO THE EASTERLY TERMINUS OF A LINE PARALLEL WITH AND 55.00' SOUTHERLY OF THE NORTH LINE OF SAID SECTION 14. THENCE WESTERLY ALONG LAST SAID PARALLEL LINE SOUTH 89'43'00" WEST, 142.87 FEET; Legal Description CITY OF HUNTINGTON BEACH STREET ACQUISTION AREA PORTION OF APN 024-291 -16 CITY OF HUNTINGTON BEACH NO DEPARTMENT OF PUBLIC WORKS Exhibit C (CONTINUED) SHEET 2 OF 2 THENCE SOUTHWESTERLY LEAVING LAST SAID PARALLEL LINE SOUTH 42'18'42" WEST, 36.94 FEET TO A POINT ALONG THE EAST LINE OF HUNTINGTON STREET (60 FEET WIDE) AS DESCRIBED IN CITY OF HUNTINGTON BEACH RESOLUTION 1125, RECORDED 21 JULY, 1950 IN BOOK 2045, PAGE 53 OF OFFICIAL RECORDS, SAID EAST LINE BEING PARALLEL TO AND 30.00 FEET EASTERLY OF THE EAST LINE OF, THE WEST HALF (1/2), OF THE NORTHWEST QUARTER (1/4), OF THE NORTHEAST (1/4) OF SAID FRACTIONAL SECTION 14; THENCE NORTHERLY ALONG SAID EAST LINE OF HUNTINGTON STREET, NORTH 00'43'19" WEST, 52.19 FEET, TO THE SOUTH LINE OF ATLANTA AVENUE (60 FEET WIDE), AS DEDICATED TO THE COUNTY OF ORANGE, IN THE DOCUMENT RECORDED 5 MAY, 1904, IN BOOK 103, PAGE 313 OF DEEDS, IN RECORDS OF SAID COUNTY; THENCE EASTERLY ALONG SAID SOUTH LINE NORTH 89'43'00" EAST, 630.02 FEET TO THE TRUE POINT OF BEGINNING. OF THIS DESCRIPTION. CONTAINING 14,950 SQUARE FEET (0.34 ACRES) MORE OR LESS. EXHIBIT "D" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. SUBJECT TO EXISTING COVENANTS, RIGHTS, RIGHTS OF WAYS AND EASEMENTS OF RECORD. (1 1 SAND JOSEPH G. DERLETH - s EXP. 12-31-15 P.L.S. 7340, EXPIRES 12/31/15 LS. 7340 le pF CA1-�F�� Legal Description CITY OF HUNTINGTON BEACH STREET ACQUISTION AREA PORTION OF APN 024-291 -16 CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS �canls T R li BEACH BLV� Exhibit D SURVEY � B EACH BLVD SHEET 1 OF 1 a <N00'43'19"W,1320.07'> (1319.95') —Ol l N �DELAWARE ST cn ow oo .i.: z a L z LJ � mvi^zLLJLu i) o� z o V) - �- 01 C5 z � O - Er- V) O coo O LLJ o _ LLJ m r) o o Ltj cri O O aoLLI \ co Z c0 > r7cn r) fm �t � W N � o �t Q � a aQ zcn n �t NUJ QWO - J Lil WN O O O:DI = W N (n ci QQ � N -j Urn � O N co cn _nCp N (p Ja < X QN O Lo o a� z w X �� 0m o W p /� CD r7 L� O Z o W W Z Cf) o >- ro co u7 O O Z co Z� LOoJ CD Oo \ 7Z LLI WW p n 00 Q LLI O p Z p0rn ocn ZW � m O z cn O co N rn WW / NZ O U < W cn O U O LL LL, 00 ZWUQQr7Lil JWX Z — L ca- 0 - \ O�W O � rn gi O Q � QQ � ,, � z� Lj Z Ld r) r� aorr cnm ON Oz O m Z C� V � > m � t � � � W W WIi ZQ f-�Q W cn J (,o < 0 0 O) N CDZ �U [If Z J LL- v I W II II II II II Op [If m W Z Z N r) �t rn O Li a- W J J _ J J -1m J O LANp SG W W O O p p N �r�c Z Z w rr? O (n fM U F J J� Ln W 00 p f f— W Lil \f-W J EXP. 12-31-15 z J (/) C� W f O cell * * W � w W w II II —j A Z U Z LS. 734 W O C/)a N m W In - - y --.... - O LL- V' z 1153.04' -LJ <N00'43'19"W,1320.11'> (1319.95') W W o HUNTINGTON ST (SOUTH) P LAT CITY OF HUNTINGTON BEACH STREET ACQUISTION AREA PORTION OF APN 024-291 —1 6 ®�� is CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS LEGAL DESCRIPTION OF TEMPORARY CONSTRUCTION EASEMENT (10 pages) EXHIBIT 2 TEMPOR-ARY CONSTRUCTION EASEMENT The property burdened by this Temporary Construction Easement("TCE") is a portion of the property commonly known as Pacific Mobile Home Park (the "Park") which is located at 80 Huntington Street,Huntington Beach, State of California The Park is legally described in the attached Exhibit".A"and depicted on the plat map attached as Exhibit`B." The TCE is that portion of the Park legally described in the attached Exhibit "C" and depicted on the plat map attached as Exhibit "D," Sheet 1 of 2. 1. Purpose. This TCE permits the City of Huntington Beach ("City") and its authorized representatives, including but not limited to contractors, agents, and assigns, the right to engage in temporary construction activities in furtherance of the Atlanta Avenue Widening Project(the"Project"). . 2. Term. The term of the TCE is for two(2) years, beginning no sooner than the date the City takes legal possession-of the TCE. In no event shall the term of the TCE extend beyond the date the City files a Notice of Completion of the Project. Notwithstanding the two year maximum period of the TCE,the actual physical use and occupancy of the TCE shall be limited to a period of one(1) year. The City shall give 80 Huntington I, LLC, a California limited liability company and 80 Huntington IL LLC, a California limited liability company(collectively, " Owner") of the underlying fee interests in the TCE at least seventy-two (72) hours advance written notice before the City begins actual physical use and occupancy of the TCE. 3. Description of Work. During the one year period of actual physical use and occupancy of the TCE, the City's scope of work within the TCE shall generally include: demolition and removal of the eight(8)mobile homes and all associated improvements located on Space Nos. 101, 102, 201, 301, 302,401, 501, and 502 of the Park;removal and reconstruction of a portion of the circulation road within the Park; construction of the new, City-owned retaining/block wall on the south side of Atlanta Avenue;removal and replacement of two (2)chain link access gates along the Park's Atlanta Avenue frontage; relocation or abandonment of utilities within the Park; and all other required improvements as necessary to construct the Project. The mobile home space numbers listed in this TCE are consistent with those depicted on Exhibit"D," Sheet 2 of 2. To mitigate for construction noise and other potential environmental impacts to the mobile homes located adjacent to the TCE,various measures shall be employed as specified in Recirculated Mitigated Negative Declaration No. 09-001 (the"MND"),which is on file with the City Clerk of the City of Huntington Beach. During the one(1) year period of actual physical use and occupancy of the TCE,the City will install temporary acoustic barriers between the eight (8)mobile homes to be demolished and removed, and the row of existing mobile homes to remain closest to Atlanta Avenue in compliance with the MND. After removal of the eight(8) mobile homes and the completion of certain required improvements, the acoustic barriers may be relocated within the TCE area to further facilitate Project construction and/or access within the Park. 1 of 2 118609_docx i Although reasonable vehicular and pedestrian access comparable to the existing or pre-construction condition shall be maintained or provided by the City to the entirety of the Park during the one year period of actual physical use and occupancy of the TCE, certain construction activities including,but not limited to, asphalt paving, and curb and gutter construction may temporarily suspend the City-provided access to the mobile homes located on Space Nos. 103, 202, 402 and 403 of the Park. Additionally, access to the existing paved parking space located immediately north of the mobile home on Space No. 202 shall be permanently eliminated upon reconstruction of the circulation road within the Park. The City shall notify the Owner and the directly affected mobile home space tenants in the Park in writing of such construction activities at least three (3) calendar days prior to the start of the activity. All construction activities that temporarily prevent pedestrian or vehicular access to the mobile homes located on Space Nos. 103, 202, 402 and 403 shall be limited to the hours of 8:00 a.m. to 5:00 p.m., local time, and such access shall be limited for no more than ten (10) working days 4. Owner's Permitted Uses. Owner of the underlying fee interest may use the TCE area in any manner which does not interfere with the City's proposed use of the TCE. The City shall access the TCE area exclusively from the two existing access gates located along the Park's Atlanta Avenue frontage, and shall not utilize the Park's existing entrance on Huntington Street. 2 of 2 118609.docx Exhibit A SHEET 1 OF 3 THOSE LANDS IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS DESCRIBED IN THE GRANT DEED FROM (i) LEGACY 426BO HOLDINGS, LLC, (ii) FOOTHILL TO SUMMIT PROPERTIES, LLC, AND (iii) SIZABLE PROPERTIES, LLC, TO (i) 80 HUNTINGTON I, LLC, AND (ii) 80 HUNTINGTON II, LLC RECORDED 18 JUNE, 2013 AS INSTRUMENT NUMBER 2013000368964, SAID LANDS BEING DESCRIBED IN THIS GRANT DEED AS BEING A PORTION OF THE NORTH HALF (1/2), OF THE NORTHEAST QUARTER (1/4), OF FRACTIONAL SECTION 14, TOWNSHIP 6 SOUTH, RANGE 11 WEST, SAN BERNARDINO MERIDIAN, AS SHOWN ON THE MAP FILED IN BOOK 51, PAGE 14 OF MISCELLANEOUS MAPS, 1N RECORDS OF SAID COUNTY MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE WEST HALF (1/2) OF THE NORTHWEST QUARTER (1/4) OF THE NORTHEAST QUARTER (1/4), OF SAID SECTION 14; THENCE EAST ALONG THE NORTH LINE OF SAID SECTION 14, A DISTANCE OF 660.02 FEET; THENCE SOUTH PARALLEL TO THE EAST LINE OF THE WEST HALF (1/2) OF THE NORTHWEST. QUARTER (1/4) OF THE NORTHEAST QUARTER (1/4) OF SAID SECTION 14, A DISTANCE OF 1319.95 FEET TO A POINT ON THE SOUTH LINE OF SAID NORTH HALF (1/2); THENCE WEST ALONG THE SOUTH LINE OF SAID NORTH HALF (1/2), 660.02 FEET TO A POINT ON THE EAST LINE OF SAID WEST HALF (1/2); THENCE NORTH ALONG THE EAST LINE OF SAID WEST HALF (1/2), 1319.95 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION OF SAID LAND DESCRIBED IN A DEED TO THE CITY OF HUNTINGTON BEACH, RECORDED 27 APRIL, 1989 AS INSTRUMENT NUMBER 89-221830 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTH LINE, OF SAID NORTH HALF (1/2) WITH THE CENTERLINE OF HUNTINGTON STREET, (60.00 FEET. WIDE), AS SHOWN ON RECORD OF SURVEY NUMBER 81-1151 FILED IN RECORD OF SURVEY BOOK 103, PAGES 28 AND 29, IN RECORDS OF SAID COUNTY; Legal Description PACIFIC MOBILE HOME PARK APN 024-291 -16 CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS Exhibit A ( CONTINUED ) SHEET 2 OF 3 THENCE NORTH 00'42'59" WEST, 167.07 FEET ALONG SAID CENTERLINE; THENCE THE FOLLOWING COURSES: SOUTH 59'21'49" EAST, 72.43 FEET TO THE BEGINNING OF AN 8.00 FOOT RADIUS CURVE THAT IS CONCAVE NORTHERLY; EASTERLY 8.38 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 60'00'00", TO THE BEGINNING OF AN 8.00 FOOT RADIUS REVERSE CURVE THAT IS CONCAVE SOUTHERLY; EASTERLY 8.38 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 50'00'00"; SOUTH 59'21'49" EAST, 35.77 FEET TO THE BEGINNING OF 2452.00 FOOT RADIUS CURVE THAT IS CONCAVE SOUTHWESTERLY; SOUTHEASTERLY 4.51 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 00'06'19" TO THE BEGINNING OF AN 8.00 FOOT RADIUS COMPOUND CURVE THAT IS CONCAVE SOUTHWESTERLY; SOUTHEASTERLY 8.40 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 50'09'44" TO THE BEGINNING OF AN 8.00 FOOT RADIUS REVERSE CURVE THAT IS CONCAVE NORTHEASTERLY; SOUTHEASTERLY 8.36 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 59'50'17" TO THE BEGINNING OF AN 2444.00 FOOT RADIUS REVERSE CURVE THAT IS CONCAVE SOUTHWESTERLY; SOUTHEASTERLY 63.14 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 01'28'48" TO THE BEGINNING OF AN 8.00 FOOT RADIUS REVERSE CURVE THAT IS CONCAVE NORTHERLY; EASTERLY 8.36 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 59'50'17" TO THE BEGINNING OF AN 8.00 FOOT RADIUS REVERSE CURVE THAT IS CONCAVE SOUTHERLY; EASTERLY 8.40 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 50'09'44" TO THE BEGINNING OF AN 2452.00 FOOT RADIUS COMPOUND CURVE THAT IS CONCAVE SOUTHWESTERLY; SOUTHEASTERLY 54.60 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 01'30'34" TO THE BEGINNING OF AN 8.00 FOOT RADIUS COMPOUND CURVE THAT IS CONCAVE SOUTHWESTERLY; Legal Description PACIFIC MOBILE HOME PARK APN 024-291 -16 *A CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS Exhibit A ( CONTINUED ) SHEET 3 OF 3 SOUTHEASTERLY 8.40 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 60'09'44" TO THE BEGINNING OF AN 8.00 FOOT RADIUS REVERSE CURVE THAT IS CONCAVE NORTHEASTERLY; SOUTHEASTERLY 8.36 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 59'50'17" TO THE BEGINNING OF AN 2444.00 FOOT RADIUS REVERSE CURVE CONCAVE SOUTHWESTERLY; SOUTHEASTERLY 17.33 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 00'24'22" TO THE SOUTH LINE OF SAID NORTH HALF (1/2); SOUTH 89'43'07" WEST, 263.18 FEET ALONG SAID SOUTH LINE TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL OF LAND CONTAINING 847,526 SQUARE FEET (19.45 ACRES), MORE OR LESS SUBJECT TO ALL EXISTING COVENANTS, RIGHTS, RIGHTS OF WAYS AND EASEMENTS OF RECORD. ASSESSORS PARCEL NUMBER 024-291-16 \_ANp �l _ o 0 EXP. 12-31-15 * ft �q . JOSEPH G, DERLETH TF LS OF CA`734D P.L.S. 7340, EXPIRES 12/31/15 Legal Description PACIFIC MOBILE HOME PARK APN 024-291 -16 eJ CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS NE COR, W 1/2, NW 1/4, NE Exhibit B 1/4, FRAC SEC 14, T.6S., R.11 W., S.B.M., POINT OF BEGINNING SHEET 1 OF 1 N'LY LINE, FRAC SEC 14, T.6S., R.11W., S-B.M. 3 ' CEATLANTA AVE <NB9'43'00" 660.02'> (660.02') -_ _ _ 1 �,� - S'LY LINE OF ATLANTA 0' NE CDR OF-j AVENUE (60' WIDE) PER FRAC SEC 14, 103/313 DEEDS tL I T.6S., R.11 W., I t rn S.B-M. t t� 20.00' Co ----130' W'LY LINE T I TRACT 9580, 60,00 ~ `.A 444/29-31 M.M. I w � O I i .- _ _ -. .. . _ _. . . _ - iool � v ai EAST LINE OF HUNTINGTON - = I = Q N z '� STREET (60' WIDE), PER CITY < Q Q [If (Dv - RESOLUTION 1125, RECORDED I °' - IM f Lu Li IN 2045/53 O.R. t I g m I m Z ro L50v:): ww cD GROSS AREA 19.46 ACRESLn rn z �'� NET AREA 18.22 ACRES � w L) NOTE: NET AREA EQUALS { z < L7 t GROSS AREA LESS EXISTING t I I (D Ln ~ t DEDICATED ROADWAY RIGHT OF 1 w o WAYS. \ v 1 inch $ 200 ft I 60,00' 1 m t LAND z t-30 CD 44.1 - - _ EXP. 12-31-15 LLI 2 S'LY LINE, N 1/2, NE 1/4, FRAC SEC 14, T.6S., R. W. t `�yl L5. 7340 PER TRACT 13045, BOOK 628 £ OF CAL\F� AGES 46 AND 47 OF M.M. I 20.00' I- 396.83' LEGEND: <N89'42'47" 660.02'> (660.02') < > = RECORD PER RECORD OF SURVEY 2012-1014, 261/1-10 R.S.B. ( ) = RECORD PER INSTR NO, 2013000368964 O.R. P LAT PACIFIC MOBILE HOME PARK APN 024-291 — 1 6 t6�. iff CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS Exh !&'� C SHEET 1 OF 2 THAT PORTION OF THOSE LANDS IN THE CITY OF HUN71NGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS DESCRIBED IN THE GRANT DEED FROM (i) LEGACY 42680 HOLDINGS, LLC, (ii) FOOTHILL TO SUMMIT PROPERTIES, LLC, AND (iii) SIZABLE PROPERTIES, LLC, TO (i) 80 HUNTINGTON 1, LLC, AND (ii) 80 HUNTINGTON 11, LLC RECORDED 18 JUNE, 2013 AS INSTRUMENT NUMBER 2013000368964, SAID LANDS BEING DESCRIBED IN SAID GRANT DEED AS BEING A PORTION OF THE NORTH HALF (1/2) OF THE NORTHEAST QUARTER (1/4) OF FRACTIONAL SECTION 14, TOWNSHIP 6 SOUTH, RANGE 11 WEST, SAN BERNARDINO MERIDIAN, AS SHOWN ON THE MAP FILED IN BOOK 51, PAGE 14 OF MISCELLANEOUS MAPS, IN RECORDS OF SAID COUNTY MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER, OF THE WEST HALF (1/2) OF THE NORTHWEST QUARTER (1/4), OF THE .NORTHEAST QUARTER (1/4), OF SAID FRACTIONAL SECTION 14; THENCE EASTERLY ALONG THE NORTH LINE OF SAID FRACTIONAL SECTION 14, NORTH 89'43'00" EAST, 660.02 FEET TO THE NORTHERLY TERMINUS OF A LINE PARALLEL TO AND 660.00 FEET EASTERLY OF THE EASTERLY LINE OF THE WEST HALF (1/2), OF THE NORTHWEST QUARTER (1/4), OF THE NORTHEAST (1/4) OF SAID FRACTIONAL SECTION 14; THENCE SOUTHERLY, ALONG SAID PARALLEL LINE, SOUTH 00'43'19" EAST, 50.05 FEET, TO THE TRUE POINT OF BEGINNING: THENCE CONTINUING SOUTHERLY ALONG SAID PARALLEL, SOUTH 00'43'19" EAST, 99.95 FEET TO THE EASTERLY TERMINUS OF A LINE PARALLEL WITH AND 150.00 FEET SOUTHERLY OF THE NORTH LINE OF SAID FRACTIONAL SECTION 14; THENCE WESTERLY ALONG LAST SAID PARALLEL LINE SOUTH 89'43'00" WEST, 630.02 FEET TO A POINT ALONG THE EAST LINE OF HUNTINGTON STREET (60 FEET WIDE) AS DESCRIBED IN CITY OF HUNTINGTON BEACH RESOLU11ON 1125, RECORDED 21 JULY, 1950 IN BOOK 2045, PAGE 53 OF OFFICIAL RECORDS, SAID EAST LINE BEING PARALLEL TO AND 30.00 FEET EASTERLY OF THE EAST LINE OF, THE WEST HALF (1/2), OF THE NORTHWEST QUARTER (1/4), OF THE NORTHEAST (1/4) OF SAID FRAC1ONAL SECTION 14; THENCE NORTHERLY ALONG SAID EAST LINE OF HUNTNGTON STREET, NORTH 00'43'19" WEST, 67.81 FEET; Legal Description CITY .OF HUNTINGTON BEACH TEMPORARY CONSTRUCTION EASEMENT PORTION OF APN 024-291-16 CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS Exhibit C SHEET 2 OF 2 THENCE NORTHEASTERLY LEAVING SAID EAST LINE, NORTH 42'18'42n EAST, 36.94 FEET TO THE WESTERLY TERMINUS OF A LINE PARALLEL TO AND 55.00' SOUTHERLY OF THE NORTHERLY LINE OF SAID FRACTIONAL SECTION 14; THENCE EASTERLY ALONG SAID PARALLEL LINE NORTH 89'43'00" EAST, 142.87 FEET; THENCE LEAVING SAID PARALLEL LINE NORTH 89'06'11"EAST, 461.93 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION. EXCEPTING THEREFROM THE FULL LEASE AREAS ASSIGNED TO THE FOLLOWING MOBILE HOME PAD SPACES LOCATED WITHIN PACIFIC MOBILE HOME PARK, 80 HUNTINGTON STREET, HUNTINGTON BEACH, CA (AS DEPICTED ON EXHIBIT "D"): SPACE NUMBERS 103, 104, 105, 203, 204, 205, 303, 304, 305, 306, 404, 405, 503, 504, 505, 506; AND ALSO EXCEPTING THEREFROM THE APPARENT PARTIAL LEASE AREAS ASSIGNED TO THE FOLLOWING MOBILE HOME PAD SPACES LOCATED WITHIN SAID MOBILE HOME PARK (AS DEPICTED ON EXHIBIT D ): SPACE NUMBERS 202, 402, 403; AND ALSO EXCEPTING THEREFROM A PORTION OF THE RECREATIONAL VEHICLE STORAGE AREA LOCATED WITHIN SAID MOBILE HOME PARK (AS DEPICTED ON EXHIBIT "D"); WITH THE AFOREMENTIONED LEASE AREAS HAVING BEEN DETERMINED BY APPARENT LINES OF OCCUPATION. CONTAINING A GROSS AREA OF 60,652 SQUARE FEET (1.39 ACRES) AND A NET AREA OF 31,501 SQUARE FEET (0.72 ACRES) MORE OR LESS AFTER HEREINABOVE DESCRIBED EXCEPTIONS ARE REMOVED THEREFROM. EXHIBIT "D" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. SUBJECT TO EXISTING COVENANTS, RIGHTS, RIGHTS OF WAYS AND EASEMENTS OF RECORD. LAN0 S C- G. p L� U o So DP. 12-31-15 JOSEPH G. DERLETH tp \P P.L.S. 7340, EXPIRES 12/31/15 qTF Legal Description CITY OF HUNTINGTON BEACH TEMPORARY CONSTRUCTION EASEMENT PORTION OF APN 024-291-16 f CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS N �CONSTR BEACH BLVD N Exhibit SHEET 1 OF 2 W t SURVEY BEACH BLVD LO o rm o <N00-43'19"W, 1320.07'> (1319.95') — CD ��r —� DELAWARE ST T OU z SAND S� I `r' �'` O >- O _ o Lo DT. 12-31-15 O - - - O tTi m z O U p Z yr LS 73421 0 Q J Cc� r �\r O cVz w �m W Q� 0 CL O ro CD Z wN ti cn O 1 r —' O ( Q w coco U O NO LZ N `" 0'w W Q W O W WOA 0- cD o r") O N I c0 Z Z d o W O < U Q � O : - co t� 0 Q J \D0 W O t0 >Lr) O Q � �Qw � EL m ink � � tp z c0 r � V W� O D O L�! O co � O rn m N _ W F- (n p U Z o _ O Z p 0> r cc S W U Z� (n O � � � Z_ � L_ � �Q Z W O < UL� _I � O nI t tto \Otn LJLij3W W Jm O y` \� 0O � Q O O �i...� W ref r7z &JV _ J N� r7 W W W Zg I— N U co W\ CY) l7 :t d Z � W (/7 z �J Z O ��� F<- pOO ;�- p \m11 SZ Z � � Z V I N7t WUl (nzzz WO ind O I w Ir w0 qQ Zlaf m Z CN w O O w� l \� L'i I J II w w vlaf CD w II 11 WM W �~ G. V N cn W J It t7 a� 0 1153.04' cnz <NO0'43'19"W,132O-11'> (1319.95') W W ro o cE HUNTINGTON ST (SOUTH) z z �ri P L,AT CITY OF HUNTINGTON BEACH TEMPORARY CONSTRUCTION EASEMENT PORTION OF APN 024-291 -16 �J.Me CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS N CON_STR CE BEACH BL_VD O Exhibit D L SURVEY q- BEACH BLVD SHEET 2 OF 2 0 CE DELAWARE ST 12 W4 ' G b�S fft0 6s4 W Sib 6?2 4 RC Mf st to r^j 425 43a St31 �63 Sd5 W7 5tz? 677 573 ss� s7 37a i$s ;ea& 4C� -470 4:M :471V 4td 41b 4w 471 Q W . 421 Q ZC� •33��p114 3a3�4^�4 405 4a 11I 4Qa f3 \,,W7 4333t 1 �-0b2 37s34 4S7 32ii554 7? 305. 300 s4212 .3217 — 20 O tIl2 iO4 706 70S 11© 172 isi tib T76 t2S3 7� • itr( iR i>3S` 147.. 709 tis ii3 tl5 it7 fl, t21 L`. t6i o HUNTINGTON ST (SOUTH) P LAT Pacific Mobile Home Park Partial Site Plan PORTION OF APN 024-291 -1 6 CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS AERIAL DEPICTION OF PERMANENT STREET EASEMENT EXHIBI'I' 3 r•, I m LUX p ®®® LLJ Lki ICE _ 1•a t `,11 r w Lcu eP Lu i '1 Lu 1 PAN FIN I 1 Ir' 1*• b8� �' Y.yF,r'� •t.*6vO��S . ayr�a 1�.�.^ � �.�ea.` •sue �- AO �\rlt�! �; /�� C�V:h. AERIAL DEPICTION OF TEMPORARY CONSTRUCTION EASEMENT EXHIBIT 4 xta Pk" IE g JLm 1 I 4 �ito _ �'"- r-+15� �,•' +5_.y'_... �. _,..:,,� { ��,a it �. .+, _ i- TJ I , 1 7�f�m ? i rat if H- - t I 1 T ILI 77 Res. No. 2016-60 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, ROBIN ESTANISLAU the duly appointed, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a Regular meeting thereof held on September 6, 2016 by the following vote: AYES: Posey, Sullivan, Katapodis, Hardy, Delgleize NOES: O'Connell, Peterson ABSENT: None RECUSE: None City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California