HomeMy WebLinkAbout2021-12-29 - Offer of Dedication G&M GAPCO, LLC, a California Limited Liability Company Recorded in Official Records, Orange County
RECORDING REQUESTED BY AND Hugh Nguyen. Clerk-Recorder
WHEN RECORDED MAIL TO: II I I II II I III I I I II I I I IIII II NO FEE
City Clerk 2022000048501 11:50 am 02/04122
City of Huntington Beach 90 PP2A E01 9
200 Main Street 0.00 0.00 0.00 0.00 24.00 0.00 0.000.000.00 0.00
Huntington Beach, CA 92648
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fbia dtaCVrMr• n solely for tM Offlew Exempt from the payment of recording fees puncuant to I
NOWT s of the City of Hh ttnpton Beech. Government Code 16103 and from the payment of the
a eonternpWod undw Coy*nvr nt Code Documentary Transfer Tax pursuant to Revenue and Taxation
Sec. 27383 and Otould be recorded free Code 111922.
of cturye
IRREVOCABLE OFFER OF DEDICATION OF ROADWAY EASEMENT 32�
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This Irrevocable Offer of Dedication of Roadway Easement (this "Offer") is made by and
between G&M GAPCO, LLC, a California limited liability company ("Offeror") and the City of
Huntington Beach, California ("City").
I. 2. Offeror hereby irrevocably offers to dedicate to City an easement (the f
"Roadway Easement") for public street and utility purposes in, over, under, across, and on that
certain real property located in Huntington Beach, Orange County, California, legally described i
on Exhibit A attached hereto and depicted on Exhibit B attached hereto, which are incorporated
herein by this reference (the "Roadway Easement Area") owned by Offeror, on the terms and
i conditions set forth in this Offer. I
2. PuMose. The purpose of the offer is to satisfy City's Code Requirement imposed
on the Development Property with CUP 17-026, to dedicate a 14' wide strip of land along the I
Wamer Avenue frontage to accommodate a right-tum lane that the City will construct in the future 1
at its' own cost when the funds become available. Once the City is ready to move forward with the
project,The City will record the Acceptance of Dedication in Exhibit"C".
3. Acceptance ofOffcr.
(a) It is the intent of Offeror and the City that although the Roadway Easement
Area shall generally be as described and depicted herein, the delineation of the precise Roadway I
Easement Area and its final precise location, configuration, design and alignment shall be
determined at such time as the City approves the final plans and specifications for construction of 1
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roadway improvements on the Roadway Easement Area (the "Roadway Improvements"). ;
(b) Once ready to initiate the project, the City shall accept this Irrevocable Offer
'. of Dedication by adoption of a Resolution of the City Council of the City (the "Resolution of
Acceptance") accepting the dedication of the Roadway Easement Area under the terms and
i conditions hereof as to the definite and fixed Roadway Easement Area (which shall be
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RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City Clerk
City of Huntington Beach
200 Main Street
Huntington Beach, CA 92648
Exempt from the payment of recording fees pursuant to
Government Code ys6103 and from the payment of the
Documentary Transfer Tax pursuant to Revenue and Taxation
Code §11922.
IRREVOCABLE E OFFER OF DEDICATION OF ROADWAY EASEMENT
This Irrevocable Offer of Dedication of Roadway Easement (this "Offer') is made by and
between G&fvl GAPCO, LLC, a California limited liability company ("Offeror") and the City of
Huntington Beach, California ("City").
I. Offer. Offeror hereby irrevocably offers to dedicate to City an easement (the
"Roadway Easement") for public street and utility purposes in, over, under, across, and on that
certain real property located in Huntington Beach, Orange County, California, legally described
on Exhibit A attached hereto and depicted on Exhibit B attached hereto, which are incorporated
herein by this reference (the "Roadway Easement Area") owned by Offeror, on the terms and
conditions set forth in this Offer.
2. Purpose. The purpose of the offer is to satisfy City's Code Requirement imposed
on the Development Property with CUP 17-026, to dedicate a 14' wide strip of land along the
Warner Avenue frontage to accommodate a right-turn lane that the City will construct in the future
at its' own cost when the funds become available. Once the City is ready to move forward with the
project, The City will record the Acceptance of Dedication in Exhibit"C".
3. Acceptance of Offer.
(a) It is the intent of Offeror and the City that although the Roadway Easement
Area shall generally be as described and depicted herein, the delineation of the precise Roadway
Easement Area and its final precise location, configuration, design and alignment shall be
determined at such time as the City approves the final plans and specifications for construction of
roadway improvements on the Roadway Easement Area (the "Roadway Improvements").
(b) Once ready to initiate the project, the City shall accept this Irrevocable Offer
of Dedication by adoption of a Resolution of the City Council of the City (the "Resolution of
Acceptance") accepting the dedication of the Roadway Easement Area under the terms and
conditions hereof as to the definite and fixed Roadway Easement Area (which shall be
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described in the Resolution of Acceptance), and which will authorize the appropriate City official
to execute an instrument in substantially the form attached hereto as Exhibit C (the
"Acceptance"). which shall promptly thereafter be recorded in the Official Records.
(c) From and after adoption of the Resolution of Acceptance, the City shall
keep and maintain the Roadway Easement Area in a neat and clean condition at all times in
accordance with applicable City ordinances.
d. Hazardous Materials.
(a) Definition. As used herein. "Hazardous Materials" means any and all hazardous or
toxic wastes, substances, materials or constituents as defined in any applicable environmental,
federal, state or local law, ordinance or regulation (including, without limitation, any asbestos,
asbestos containing materials, polychlorinated biphenyls, oil, petroleum or any fraction thereof, or
crude oil or any fraction thereof).
(b) Offeror Indemnity. Offeror shall indemnify and hold the City harmless from and
against any and all claims, causes of action, liabilities, damages, and reasonable out-of-pocket
expenses (collectively. "Claims"), which are asserted by third persons or entities on account of
bodily injury (including death) or property damage asserted by such third party claimants arising
out of or incurred in connection with Hazardous Materials located in the groundwater or soils in.
on,or under the Roadwav Easement Area to the extent that such Hazardous Materials were released
into the environment by Offeror or its agents, employees, or contractors and (a) are located in, on,
or under the Roadwav Easement Area on the date of this Offer, or (b) migrate to or under the
Roadwav Easement Area after the date of this Offer from other real property owned by Offeror.
Except to the extent the Claim is attributable to any negligence on the part of the City, its agents,
employees, or contractors, such indemnity shall include all reasonable costs, attorneys' fees and
expenses incurred in the defense of any such Claim. The foregoing indemnity is conditioned upon
the City cooperating fully with Offeror in any defense or settlement of the Claim. The City shall
provide prompt notice to Offeror of any claim or matter which is or may be indemnified against
by Offeror hereunder, and the Citvs failure to give such prompt notice to Offeror shall result in
the loss of the City's rights with respect thereto to the extent Offeror is prejudiced by the delay.
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(c) No Warranties, Etc.. Subject to subsection (c) above, the City agrees that the
dedication and acceptance of the Roadway Easement hereunder is to be concluded on an "AS-IS"
basis, without warranties, representations or guarantees made by Offeror of any kind or nature,
express or implied, including, without limitation, with respect to the physical condition of the
Roadway Easement Area and any improvements thereon or thereunder. agreements or legal matters
now or hereafter affecting the Roadway Easement Area, environmental matters and conditions, and
all other facts and/or issues, now or hereafter existing, arising. or discovered, known or unknown,
suspected or unsuspected. Except as expressly otherwise provided in subsection (c) above or
resulting from a breach of this OfTer by Offeror, the City hereby waives and releases Offeror with
respect to any and all Claims relating to any such matters and conditions.
5. Use of Roadway Easement Area. The Roadway Easement Area shall be used by
the City for public street and utility purposes, and for no other purpose.
6. Condition of Title. The City shall accept the Roadway Easement Area subject to
all matters of record or apparent. Except for (i) one or more purchase and sale agreements that
Offeror may enter into with third parties relating to the Development Property, and (ii) contracts
or agreements relating to the Roadway Improvements or related to exercise of its rights under the
Reservations. Offeror shall not hereafter voluntarily cause or permit any new oral or written leases,
contracts, easements, liens, or encumbrances on all or any
portion of the Roadway Easement Area that could materially adversely affect the Citys Roadway
Easement rights hereunder.
7. Offer Runs With Land. The provisions of this Offer shall run with the land and
shall inure to the benefit of City and be binding upon Offeror and Offeror's successors and assigns
in ownership of the Development Property, whether or not reference to this Offer is included in
the deed transferring title of the Development Property to such successors or assigns. provided,
however, that the rights and obligations of Offeror under Sections 4(c) shall be solely for the
benefit of G&NI GAPCO. LLC, a California limited liability and its designees, and shall be binding
only upon G&M GAPCO, LLC (and not its successors or assigns in ownership of the Development
Property).
[Signature Page Follows]
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IN ESS WHEREOF, Offeror has executed this instrument as of the day and year
first abov wr en.
G&M L
By:
Name: J @.Y-%c I�
Title: Chi L-Ak"C
APPROVED AS TO FORM
< ,C-ity Attorney ►r)l
City of Huntington Beach
CI HU ON BEACH
By: J
Name: t
Title: ��IL L JX11f�5C
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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.
Stateof K4"dk )
County of )
On ).e&#iy bA a 9, .20A1 , before me, C n0l AIXA 4 — allotary Public,
personally appeared (asar�t Q �l�t r 4 A f who proved to me on the basis of
satisfactory evidence to be the pMson(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.
CARMEN URA
Moldy oubbc CAMorma
orange County
Commnsan►2775397
My Comm.Expires Oct 19,2025
$IgnatUre
A notary public or other offiic pleling 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 )
County of )
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
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
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 Califo/�{}t�is,,,
County of Z �, ( A /
On �11;�h1?/DI YL/ >1022 before me, /7/1GLJ`J G✓1 /�'J YL/ 15ijb (,(
,Date Here Insert Name and Title of the Ofkc r
personally appeared ft 1OK_Ll
Nome(s)of Signer(s)
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
commissiows2311001
paragraph is true and correct.
N01d^'Public-califtiie WITNESS my hand and official seal.
A COLWrY
Mr _- E.AwNw 5.Mt3
Signature
Place Notary Seal and/or Stamp Above Signature of Notary Pub
OPTIONAL
Completing this information can deter alteration of the document or
fraudulent reattachment of this form to on unintended document.
Description of Attached Document
Title or Type of Document. _
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capaclty(les) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Corporate Officer - Title(s): D Corporate Officer - Title(s):
❑ Partner - ❑ Limited ❑ General D Partner - ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian of Conservator ❑ Trustee ❑ Guardian of Conservator
❑ Other: ❑ Other:
Signer is Representing: Signer is Representing:
�u2017 National Notary Association
EXHIBIT "A"
THE LAND REFERRED TO HEREON IS SITUATED IN THE CITY OF HUNTINGTON BEACH, COUNTY OF
ORANGE, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:
THAT PORTION OF PARCEL 1 OF THAT CERTAIN LOT LINE ADJUSTMENT 20-002 RECORDED
JANUARY 28. 2021 AS INSTRUMENTNO. 2021-000062150 OFFICIAL RECORDS OF SAID COUNTY,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING (P.O.B) AT THE NORTHEAST CORNER OF SAID PARCEL 1, SAID CORNER BEING A
POINT ON THE WEST RIGHT OF WAY LINE OF "A" STREET (25' HALF WIDTH); THENCE NORTH 89
'30'34' WEST 5.00 FEET ALONG THE NORTH LINE OF SAID PARCEL I; THENCE SOUTH 00'18*28"
WEST ALONG A LINE PARALLEL WITH AND DISTANT 5.00 FEET WEST OF THE WEST RIGHT OF
WAY LINE OF "A" STREET A DISTANCE OF 110.94 FEET TO THE TRUE POINT OF BEGINNING
(T.P.O.B.); THENCE CONTINUING ALONG SAID PARALLEL LINE, SOUTH 00'18'28" WEST 6.99 FEET
TO THE BEGINING OF A TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF
28.00 FEET; THENCE SOUTHERLY, SOUTHWESTERLY AND WESTERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 90'11'00" AN ARC DISTANCE OF 44.07 FEET; THENCE NORTH
89'30'32" WEST 118.07 FEET; THENCE NORTH 00'29'28" EAST 10.00 FEET; THENCE SOUTH 89'
30'32" EAST 121.04 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY
HAVING A RADIUS OF 25.00 FEET; THENCE EASTERLY, NORTHEASTERLY AND NORTHERLY ALONG
SAID CURVE THROUGH A CENTRAL ANGLE OF 90'11'00" AN ARC DISTANCE OF 39.35 FEET TO
THE TRUE POINT OF BEGINNING, A RADIAL LINE TO SAID TRUE POINT OF BEGINING BEARS
SOUTH 89'41'32" E.
THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 1,427 SQUARE FEET, MORE OR LESS.
ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "B"ATTACHED HERETO AND MADE PART
HEREOF,
SUBJECT TO COVENANTS, CODES, CONDITIONS AND RESTRICTIONS OF RECORD. IF ANY.
THIS DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION, IN CONFORMANCE WITH
THE PROFESSIONAL LAND SURVEYOR'S ACT.
I O � �
/l - 6-11-2021 No.75n
TT\E.. OHANA LS 7526 DATE
EXP. 12-31-21
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EXHIBIT "B"
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PARCEL 1 I g'�4m a zlt
PARCEL MAP NO. 86-257
BOO( 229• PAGES 8 h 9 '^z
NORTH UNE OF PARCEL I
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CALTRANS DEDICATION PER WE57 RIGHT CF WAY UNE
�yJ SEPARATE DOCUMENT OF A STREET W
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= RIGHT-OF DEDICATION p- g0'11'DO•
PER SEPARATE
DOCUMENT(••) �_ PER SEPARATE DOCUMENT
R - 25.00'
Q o0
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m - S 89'30'32• E
EASEMENT FOR STREET WIDENING '^
PER BOOK 2486, PAGE I49 O.R.
NORTH RIGHT OF WAY N A - 90'11'00•
OF WARNER AVENUE R - 28.00'
L - 44.07'
0
N
WARNER AVENUE E
No.752y
�k 31 z l a
LEGEND:
FM - INDICATES LAND TO BE DEDICATED FOR STREET PURPOSES FC
P.O.B. - POINT OF BEGINNING
T.P.O.B. - TRUE POINT OF BEGINNING /
a o
SCALE - r-.0' E. OHANA LS 7526
EXP. 12-31-21
THIS MAP WAS PREPARED BY ME
OR UNDER MY SUPER`ASION
Exhibit C
Form of Acceptance of Offer
Recording Requested by,
and when recorded return to:
City of Huntington Beach
200 Main Street
Huntington Beach, CA 92648
Attn: City Clerk
Exempt from recording fees pursuant to G.C. §6103
Exempt from Documentary Transfer Taxes pursuant to R &T Code
§11922
ACCE.11TANCE OF DEDICATION OF ROADWAY
EASPMENT
"rhe CITY OF HUNTINGTON BEACH (the "City"), hereby accepts the offer (the
"Offer") ofdedication made by G&M GARCO,LLC a Limited Liability Company("G&W), in favor
of the City in that certain Irrevocable Offer of Dedication of Roadway Easement between G&M
and the Citv and recorded in Official Records of the Recorder's Office for the County of Orange
on 2021 as Instrument No. (the "Offer").
The dedication is of an easement for public street and utility purposes in,over, tinder, across,
and on that certain real property located in Huntington Beach, Orange County, California, legal1v
described on Exhibit A attached hereto and depicted on Exhibit B attached hereto.
The City's acceptance is on and subject to all the terms and conditions of the Offer,which are
hereby incorporated into this instrument by this reference.
The undersigned was authorized to execute and record this Acceptance of Dedication of
Roadway Easement on behalf of the City pursuant to resolution of the City Council of City adopted
on
202 .
IN WITNESS WHEREOF, the undersigned has executed this instrument as of the date set forth
above.
"Gifu"
CITY OF HUNTINGrON BEACH
By:
City Engineer
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