Recording Requested by and Return to: CITY OF HUNTINGTON BEACH Dept. of Planning 2000 Main St. Huntington Beach, Ca 92648 (SPACE ABOVE THIS LINE FOR RECORDER'S USE) IRREVOCABLE RECIPROCAL EASEMENT FOR INGRESS AND EGRESS This easement agreement ("Agreement") is made by and between SIS Minimart Corp. ("Grantor") and City of Huntington Beach, a Municipal Corp. ("Grantee") in order to create an irrevocable reciprocal easement for ingress and egress. RECITALS 1. Grantor is the owner of certain real property ("Servient Tenement") located at 21452 Brookhurst St. in the City of Huntington Beach, County of Orange, State of California, described in a legal description and a map attached as Exhibit "A" and hereby incorporated by this reference. 2. Grantee is the owner of certain real property ("Dominant Tenement") located at 10101 Hamilton Ave in the City of Huntington Beach, County of Orange, State of California, described a legal description and a map attached as Exhibit "B" and hereby incorporated by this reference. 3. By entering into this agreement, the Grantor seeks to satisfy the requirements of the City of Huntington Beach, as set forth in the Conditional Use Permit 2008-020 dated February 24, 2009. 4. To this end, Grantor is required to grant an irrevocable reciprocal easement between the Servient Tenement and the Dominant Tenement. EASEMENT Grantor grants Grantee the following easement over a portion of the Servient Tenement, as legally described in the attached Exhibit "C" and as depicted in the map attached as Exhibit "D", hereby incorporated by this reference. The easement shall be subject to the terms and conditions set forth below. A. This easement is appurtenant to the Dominant Tenement and provides for a right of way for ingress and egress of vehicular traffic, in order to provide an alternative means for vehicles entering and exiting the Dominant Tenement from Hamilton Ave. B. This easement provides for the incidental rights to construct any improvements necessary for ingress, egress, maintenance and repair. C. The access point between the Servient Tenement and Dominant Tenement shall be the location identified on Exhibit "D" as "Irrevocable Recipient Easement", extending over and across drive aisles on the Servient easement between said location and the nearest point of driveway ingress and egress from Hamilton Ave. on the Servient Tenement. The Grantor reserves the right to take the access easement on and over the Servient Tenement out of service for temporary
maintenance and repairs within or in the immediate vicinity of the irrevocable reciprocal access easement area. D. This easement is nonexclusive. Grantor retains the right to make any use of the Servient Tenement in a manner that does not unreasonably interfere with Grantee's free use and enjoyment of the easement. E. The Grantor shall bear the cost of normal repair maintenance of the improvements located within the easement area. F. The Grantor shall pay for removal of all improvements along the property line, including the block wall and any obstructions within the area depicted in Exhibit D. G. These covenants and conditions shall run with the land in perpetuity and shall be binding upon the undersigned owners, every person having a fee, leasehold, or any other interest in the properties and their successors, heirs and assigns. H. This easement is irrevocable and shall remain in effect in perpetuity, except as modified or rescinded pursuant to the expressed written approval of the City of Huntington Beach. I. Both parties agree to indemnify and hold harmless the other from any and all claims, demands, losses to the extent caused by or arising out of the work herein. Grantor's Printed Name: /S/ifrii.4-A/fr 3,4 11,46 b4/1 Grantor's Signature: Date: 457/, 2-2 Grantor's Printed Name; Grantor's Signature: Date: Grantee's Printed Name: Grantee's Signature: Date: Grantee's Printed Name: Grantee's Signature: Date: Approved for Recording by: A - 17-# Date: Department of Planning Approved as to Form: City Attorney's Office Date: / 14/ 2-0,
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE 1189 /-` /-^ /-` /- */- '-` /-`./ /- /- /-` /- 67-` /- /-` /-" */"; */;" /- /- /- /- /- v- State of California County of On-/Oop c99/7l before me, D te / personally appeared /6)47LKY/A-73 Here Insert Name and Title of the Officer arne(s) of Signer(s) /4)-(L) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(4 subscribed to the within instrument and acknowledged to me that &Ethel-they executed the same in authorized capacity(ies), and that by er/their signature) on the instrument the fiersont,6), or the entity upon behalf of which the personf s4 acted, executed the instrument. P. L. ESPARZA Commission * 2032750 Notary Public - California Orange County My Comm. Expires Aug 4, 2017 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Place Notary Seal Above Signature: OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the docuirfent and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: O Corporate Officer Title(s): O Individual El Partner El Limited 0 General El Attorney in Fact El Trustee O Guardian or Conservator O Other: Signer's Name: Number of Pages: 0 Corporate Officer Title(s): 0 Individual 0 Partner El Limited El General CI Attorney in Fact El Trustee El Guardian or Conservator 0 Other: Signer Is Representing: Signer Is Representing: A-, A-. A-, A-, 2012 National Notary Association NationalNotary.org 1-800-US NOTARY (1-800-876-6827) Item #5907
EXHIBIT "A" - LEGAL DESCRIPTION PARCEL 1 OF LOT LINE ADJUSTMENT 2010-001, IN THE. CITY OF HUN7INGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THE DOCUMENT RECORDED JUNE 25, 2010, AS INSTRUMENT NUMBER 2010000299461, OFFICIAL RECORDS OF SAID COUNTY SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS-OF-WAYS, AND ANY/ALL EASEMENTS OF RECORD. ALSO AS SHOWN ON MAP ATTACHED HERETO AND MADE A PART HEREOF. 'KENNETH C. PETERSON, L. 7509 EXP. DATE 12/37/2011 DATE 9/69 PAGE 1 0F2
I 7, A SCALE: 1" = 40' EXHIBIT PP - MAP (307 (50.997 (100.992 trs% 181.98' 29 N 89' 36' 40 E 151.98' tssi 49 (20') 50 PARCEL 1 I.V.T1ET PROP. LINE 0 ' 60' PARCEL 1 LLA 2010-001 RECORDED JUNE 25, 2010 INSTR. NO. 2010000299461 (5.1) (Jo') A 12r...10-73' vti le 0 51.28' 44' 15 E 21 U) (80.99) (100.999 20 tr) (20) 57 t HAMILTON AVENUE N 89' 36' 40" E LINE DATA - 40.06' - N 89' 36' 40 E KENNETH C. PETERSON, L S. 7509 [C1' IC21 IC31 CURIE DATA - R = 32.00' L = 26.20' A = 48' 54' 12" - R 32.00' L = 26.08' -= 46' 42' 18" - R = 32.00' L = 52.28' A = 93' 36' 30' 449/,. DATE EXP. DATE 12/31/2011 PAGE 2 OF 2
EXHIBI T "B" - LEGAL DESCRIPTION LOTS 21 AND 22 OF TRACT NO. 193, IN THE aty OF HUN77NGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 12, PAGE 49 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, TOGETHER WITH; THAT POR770N OF THE WESTERLY HALF OF LOT C OF SAID TRACT LYING BETWEEN THE EXTENDED NORTH LINE OF SAID LOT 22 AND THE EXTENDED SOUTH LINE OF SAID LOT 21. EXCEPT THEREFROM; THAT POR770N OF LOTS 21 AND 22 OF.SAID TRACT DESCRIBED IN SECTION 1, ITEMS 2 AND 3 OF RESOLUTION NO. 2715 OF THE aty COUNCIL OF THE CITY OF HUNT7NGTON BEACH RECORDED IN BOOK 8600, PAGE 425, a R. SUBJECT TO COVENANTS, CONDITIONS, RESERVATTONS, RESTRIC77ONS, RIGHTS-OF-WAYS, AND ANY/ALL EASEMENTS OF RECORD. ALSO AS SHOWN ON MAP ATTACHED HERETO AND MADE A PART HEREOF. KENNETH C PETERSON, L.S. 7509 EXP. DATE 12/31/2011 * lox LAND C..t*, P4.-frik 0 33 0 No. 7509 z * Exp. 12/31111 q- % * (11 WO- PAGE! 0F2
EXHIBIT "B" MAP ASSESSORS PARCEL NO. 149-262-05 =, 100 ' R/fred? BROOKHURST STREET, Page 2 of 2
.. SCALE: 1" = 20' EXHIBIT "D" MAP PARCEL 1 RECORDED JUNE 25, 2010 INSTR. NO. 2010000299461 EAST LINE PARCEL 1 SOUP., LINE PARCEL 1 - IRREVOCABLE RECIPIENT EASEMENT 'w) " N 89' 36' 40" E 81.39' /\ / / / / / / / 14 g is' 03 22 APA1 149-262-04 SOUTHEAST LINE PARCEL pi APN 149-262-05 EXHIBIT "Er \ \I -- 14.62' N 85' 44' 15" E f? 20 N 89' 36' 40" E HAMILTON AVENUE KENNEIH C. PETERSON, L.S. 7509 EXP. DATE 12/31/2011 DATE PAGE? OF?
EXHIBIT "C" - LEGAL DESCRIPTION THAT PORTION OF PARCEL 1 OF LOT LINE ADJUSTMENT 2010-001, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE - OF CALIFORNIA, AS SHOWN ON THE DOCUMENT RECORDED JUNE 25, 2070, AS INSTRUMENT NUMBER 2010000299461, OFFICIAL RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS:: BEGINNING AT THE SOUTHERLY TERMINUS OF THE EAST LINE OF SAID PARCEL 1; THENCE ALONG THE SOUTHEAST AND SOUTH LINES OF SAID PARCEL A THE FOLLOWING COURSES: SOUTH 71 16' 03" WEST, 70.27 FEET; SOUTH 85' 44' 15" WEST, 14.62 FEET; THENCE NORTH 00' 39' 15" WEST, 31.05 FEET; THENCE NORTH 89' 36' 40" EAST, 81.39 FEET TO THE EAST LINE OF SAID PARCEL 1; THENCE SOUTH 00' 39' 15" EAST 7.96 FEET ALONG SAID EAST LINE TO 77-IE POINT OF BEGINNING. SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS OF WAYS, AND ANY/ALL EASEMENTS OF RECORD. ALSO AS SHOWN ON EXHIBIT "D" ATTACHED HERETO AND MADE A PART HEREOF. kz sa-oz9.2.41pv, / Z KENNETH C. PE1ERSON, L.S. 7509 DATE EXP. DA 7E 12/31/2011 PAGE? OF!