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HomeMy WebLinkAboutCHASE FAINBARG, NANCY AND FAINBARG, STEVEN AND EAST END REALTY PARTNERS, LPINSURANCE NOT REQUIRED WORK MAY PROCEED CLERK OF COUNCIL MAY 21 2010 ' SETTLEMENT AGREEMENT SETTLEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into as of April 17, 2018, by and between the City of Santa Ana (hereinafter referred to as "City"), Nancy Fainbarg Chase & Steven Fainbarg (hereinafter referred to as "Fainbarg"), and East End Realty Partners, LP (hereinafter referred to as `Bast End"). At times hereinafter, East End, Fainbarg, and the City are collectively referred to herein as "the Parties" and individually as a "Partv." RECITALS A. During the 1980's, the City and the Santa Ana Community Redevelopment Agency ("CRA") coordinated with Fiesta Marketplace Partners to redevelop what was the Fiesta Marketplace area of downtown, including the block bordered by Fourth Street, Fifth Street, Bush Street and Spurgeon Street. The improvements to the block consisted of construction of a parking structure at 300 East Fifth Street, a new two-story building at 201 East Fourth Street, and refurbishment of the building at 219 East Fourth Street. A drive aisle was also constructed to serve as rear access to the 201 East Fourth Street building. B. Prior to the improvements, lots were assembled through purchase by the City, CRA and the Fainbarg entities. The lot configuration in place at the time of development did not conform to the newly built structures. Although the intent of the project was to adjust the property boundaries to align with the parking structure and buildings, the lot line adjustments were not accomplished. As a result, the City's parking structure encroaches onto a parcel owned by Fainbarg, and the building at 201 East Fourth Street encroaches onto a parcel owned by the City. C. In order to gain ownership to the excepted portion of the parking structure, correct the lot configurations within the block, and remove maintenance and liability obligations associated with property the Parties do not necessarily have a right to access, this Agreement intends to approve transfer of ownership to encroached -upon properties. Following the execution of this Agreement, lot mergers will be processed to consolidate each of the parcels and remove any lot lines through buildings. D. The following properties comprise the subject of this Agreement: APNs 398-327- 01, 06, 07, 08, 09 ("Subject Properties"). E. The Parties wish to settle, resolve, and compromise any potential disputes and controversies existing between them arising out of and/or relating to, without limitation, the ownership interests and placement of lot lines between the Subject Properties, and any other facts, claims, demands, or causes of action existing as of the execution date of this Agreement and relating to the Subject Properties, whether known or unknown. The Parties wish to avoid incurring the cost, expense, and disruption that would come with prosecuting and defending any litigation, and the Parties intend to achieve a full and complete settlement of all issues and claims involving each other relating to the Subject Properties. NOW, THEREFORE, in consideration of the foregoing recitals and of the mutual covenants set forth below, the Parties agree as follows: AGREEMENT 1. Recitals. The recitals set forth in paragraphs A through E are true and correct and are hereby fully incorporated by reference into this Agreement. 2. Effective Date. The Effective Date of this Agreement shall be the date on which this Agreement is fully executed by all of the Parties. 3. No Precedent. This Agreement is in no way intended, and shall in no way be construed, to restrict rights guaranteed to the City under local, state, and/or federal law, rule, policy, or agreement, or to establish a precedent or formal policy of the City in this or any other matter, now or in the future. 44. No Admission of Liability. This Agreement shall not in any way be construed as an admission by any of the Parties of any unlawful or wrongful acts or other liability whatsoever against each other or against any other person. The Parties specifically disclaim any liability to, or wrongful acts against, each other or against any other person on the part of themselves, any related person, or any related predecessor entity or corporation, or its or their agents, representatives, or successors in interest and assigns, in relation to the matters addressed in this Agreement. 5. Settlement Terms. Upon execution of this Agreement, the following terms shall apply: a. The Parties hereby approve and shall take all actions necessary to effectuate the exchange of the Subject Properties pursuant to the following transactions: Fainbarg shall transfer to the City the portion of property as detailed in the Legal Description provided in Exhibit A attached herewith and incorporated herein by reference. Further detail of said property is provided in the Sketch attached hereto as Exhibit B and incorporated herein by reference. ii. The City shall transfer to East End the portion of property as detailed in the Legal Description provided in Exhibit C attached herewith and incorporated herein by reference. Further detail of said property is provided in the Sketch attached hereto as Exhibit D and incorporated herein by reference. iii. The City shall transfer to Fainbarg the portion of property as detailed in the Legal Description provided in Exhibit E attached herewith and incorporated herein by reference. Further detail of said property is provided in the Sketch attached hereto as Exhibit F and incorporated herein by reference. b. There shall be no monetary compensation between the ,Parties for the exchange of the Subject Properties. C. After executing and recording the Grant Deeds necessary to exchange the Subject Properties as described in section 5(a) above, the Parties shall process the following Lot Mergers to join the new lots accordingly: i. Voluntary Lot Merger No. 2014-09 by East End; ii. Voluntary Lot Merger No. 2014-11 by Fainbarg; and, iii. Voluntary Lot Merger No. 2015-01 by the City. d. The Parties agree to cooperate fully in the performance of this Agreement and to execute any and all supplementary documents and take all additional actions that may be necessary or appropriate to give full force and effect to the terms and intent of this Agreement, and that are not inconsistent with the Agreement's terms. e. No Party, including the attorneys for any Party, has made any representations or warranties regarding whether the transfer of the Subject Properties is subject to taxation. The City does not bear any responsibility for any other Party's tax liability that may arise as a result of the transfer of the Subject Properties, Each Party agrees to assume any responsibility for payment of its own taxes due in relation to the transfer of the Subject Properties. f Fainbarg and East End agree to defend, indemnify, and hold harmless the City from and against any and all claims, debts, liabilities, demands, obligations, costs, expenses, causes of action, fines, penalties, losses or judgments asserted against the City by any third party based on or arising out of or in connection with the portions of the Subject Properties being transferred in accordance with this Agreement ("Claims"), regardless of whether such Claims arose prior to or after the final transfer in the case of the portions of parcels being transferred by the City to Fainbarg and East End, and only if such Claims arose prior to the final transfer in the case of the portion of the parcel being transferred by Fainbarg to the City. 6. Mutual Release of All Claims and Potential Claims. The Parties, on their own behalf and on behalf of their respective predecessors and related persons and entities, hereby release and forever discharge the other Parties, from any and all claims, causes of action, and demands relating to or arising from the transfer of the Subject Properties that they have or may have against each other (or their predecessors or related entities), as well as their respective present and former officials, council members, board members, directors, employees, heirs, representatives, agents, governing bodies, attorneys, insurers, predecessors -in -interest, successors - in -interest, and assigns, and any and all persons acting by, through, under, or in concert with any of them, except for such claims, causes of action, or demands as may be based upon the commitments expressly undertaken in this Agreement. 7. Release of Unknown Claims. For the purpose of implementing a full and complete release and discharge of the Parties, as well as their respective present and former officials, council members, directors, employees, heirs, representatives, agents, governing bodies, attorneys, insurers, predecessors -in -interest, successors -in -interest, assigns, and any all persons acting by, through, under, or in concert with any of them, the Parties expressly acknowledge that this Agreement is also intended to include in its effect, without limitation, all claims that the Parties do not know of or expect to exist in their favor at the time of the execution hereof, and the Parties agree that this Agreement contemplates the extinguishment of any such claim or claims that in any way relate to or arise from the transfer of the Subject Properties. In addition, the Parties expressly waive and relinquish all rights and benefits afforded by California Civil Code section 1542 relating to the subject matter hereof, and, in doing so, understand and acknowledge the significance and consequences of such specific waiver of said provisions of law. Civil Code section 1542 states as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT. Initialed by: City le, Fainbarg East End 8. Each Party to Bear Their Own Fees and Costs. Each Party shall bear its/his/her own costs, expenses, and attorneys' fees incurred in connection with the transfer of the Subject Properties, the administrative and/or legal proceedings preceding or resulting in this Agreement, and in connection with any other proceedings or actions initiated by any Party against any other Party in any forum (civil, criminal, administrative, or quasi -administrative) concerning the transfer of the Subject Properties, and each of the Parties hereto, and each of their respective associated or related parties, expressly waives any claim for recovery of any such costs, expenses, or attorneys' fees from the Party. Fainbarg and East End shall be responsible for paying any and all standard fees required by the City for the processing of lot line adjustments, lot mergers, and related documents, as necessary to fulfill the transfer of the Subject Properties. Attorneys for all Parties to this Agreement do likewise expressly waive any claim for recovery of costs, expenses, and/or attorney's fees fiom the Party(ies) that are not their client(s) and/or from any source whatsoever, relating to the matters discussed herein, except as otherwise provided for in this Agreement. 9. Context. Whenever the context so requires in this Agreement, all words used in the singular shall be construed to have been used in the plural (and vice versa), each gender shall be construed to include any other genders, and the word "person" shall be construed to include a natural person, a corporation, a firm, a partnership, a joint venture, a trust, an estate or any other entity. 10. No Other Terms. This Agreement contains all of the terms and conditions agreed upon by the Parties hereto regarding the subject matter of this Agreement. Any prior or contemporaneous agreements, promises, negotiations, or representations, either oral or written, relating to the subject matter of this Agreement, not expressly set forth in this Agreement, are of no force or effect. 11. Waiver of Terms of Agreement. No waiver by any Party of any breach of any term or provision of this Agreement shall be construed to be, nor be, a waiver of any preceding, concurrent, or succeeding breach of the same, or any other term or provision hereof. No waiver shall be binding unless in writing and signed by the Party to be charged or held bound. 12. Interpretation. This Agreement has been jointly negotiated and drafted by the Parties and their respective attorneys, and that it shall not be interpreted or construed in favor of or against any Party on grounds that said Party drafted the Agreement. The language in this Agreement shall be construed as a whole according to its fair meaning and not strictly for or against any of the Parties. The Parties also agree and understand that should any provision of this Agreement be declared or determined by any court to be illegal or invalid, the validity of the remaining parts, terms and provisions shall not be affected thereby and said illegal or invalid part, terms, or provisions shall be deemed not to be part of this Agreement. The Parties further agree that this Agreement was negotiated and executed in the State of California and shall be interpreted under the procedural and substantive laws of California as existing as of the Effective Date, without regard to principles of conflict of laws. 13. Consultation with Counsel. Each Party hereto represents and agrees that he or it has carefully read and fully understands all of the provisions of this Agreement, and that he, she, or it is voluntarily, without any duress or undue influence on the part of or on behalf of any Party, entering into this Agreement. The Parties affirm that, prior to execution of this Agreement, each of them has consulted with counsel of his, her, or its choice concerning the terms and conditions set forth herein, and that they agree to the terms and conditions. 14. Execution of Agreement. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. A photocopy, e-mail, or facsimile transmission of the Agreement, including signatures, shall be deemed to constitute sufficient evidence of the Agreement having been executed. 15. Authority to Enter Agreement. The Parties warrant that they have the full authority to enter into this Agreement. Where applicable, all governmental, corporate, organizational or other action necessary to authorize such execution has been taken and completed. The signatory of each party to this Agreement has the fill right and authority to commit and bind each respective Party, and all members and/or individuals related thereto, to the fullest extent of the law. 16. Confidentiality. The Parties agree that to the maximum extent permissible by law: (a) the negotiations which gave rise to this Agreement shall not be disclosed, discussed or revealed by the Parties or their counsel to any other person or entity, except as provided by applicable law. The Parties agree and acknowledge that this Agreement is a public record subject to disclosure by the City under California's Public Records Act, and that the City's actions taken in accordance herewith are, subject to the City's discretion, subject to public disclosure. 17. Enforcement. The Parties agree that any and all disputes regarding this Agreement shall be brought in the Superior Court of the State of California, Orange County. In any action brought to enforce any provision of this Agreement, the prevailing party shall be entitled to recover its attorneys' fees and/or costs. 5 18. Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid under the law, each such provision can be severed without invalidating the entire Agreement. 19. Headings. The titles, captions, and headings of the various provisions in the paragraphs herein are intended solely for convenience and shall not be deemed or construed to explain, modify, limit or place any construction upon any of such provisions or paragraphs. 20. Modification. No supplement, modification, amendment or change in any terms of this Agreement shall be binding on the Parties unless in writing and executed by the Parties. PLEASE READ CAREFULLY. THIS SETTLEMENT AGREEMENT AND GENERAL RELEASE INCLUDES A RELEASE BY THE PARTIES OF ALL KNOWN AND UNKNOWN CLAIMS. [SIGNATURES ON THE FOLLOWING PAGE] IN WITNESS WHEREOF, the parties hereto have executed the SETTLEMENT AGREEMENT. NANCY FAINB,A--RG CHASE & STEVEN FAINBARG Dated: a lY l $ �2lin_ (/vL�f Q 2 wiz -�- By: �� '�-- G h It : - l rt'—"'y " Cn y Dated:_) �P—/ J( EAST END REAL By: Its: PARTNERS, LP A " CITY OF SANTA ANA, a California charter city Dated: 512--4? By: RAlf GODI EZ II City Manager APPROVED AS TO FORM: COUNSEL FOR NANCY FAINBARG CHASE & STEVEN FAINBARG Dated: Dated:. Dated: 4 s 1 �- COUNSEL FOR EAST END REALTY PARTNERS, LP CITY AUT-ORNEY, FOR THE CITY OF SANTA ANA SONIA ATTEST: 7 M- iA lA o HUI7rt1R CLERKOF THE COUNCIL EXHIBIT "A" LEGAL DESCRIPTION (NANCY FAINBARG CHASE & STEVEN FAINBARG TO CITY OF SANTA ANA EXCHANGE PARCEL THOSE PORTIONS OF LOTS 5 AND 8 IN BLOCK 16 OF THE TOWN OF SANTA ANA, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 2, PAGE 51 OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE RECORDER OF LOS ANGELES COUNTY, DESCRIBED AS FOLLOWS: COMMENCING ATTHE SOUTHWEST CORNER OF SAID BLOCK 16; THENCE EASTERLY ALONG THE SOUTHERLY LINE OF SAID BLOCK 16, SOUTH 89°59'47" EAST 249.82 TO THE SOUTHEAST CORNER OF SAID BLOCK 16; THENCE NORTHERLY ALONG THE EASTERLY LINE OF SAID BLOCK 16, N 00°00'51" EAST 150.44 FEET TO THE NORTHEAST CORNER OF SAID LOT 5; THENCE WESTERLY ALONG THE NORTHERLY LINE OF SAID LOT 5, SOUTH 89'57'02" WEST 50.00 FEET TO THE WESTERLY LINE OF THE EAST SO FEET OF SAID LOT 5 AND THE TRUE POINTOF BEGINNING; THENCE CONTINUING WESTERLY ALONG SAID NORTHERLY LINE, SOUTH 89°57'02" WEST 13.00 FEET TO THE EAST LINE OF THE WESTERLY 20 FEET OF THE EASTERLY 83 FEET OF SAID LOT 8; THENCE NORTHERLY ALONG SAID EAST LINE, NORTH 0000051" EAST" 28,00 FEET TO THE NORTH LINE OF THE SOUTHERLY 28.00 FEET OF SAID LOT 8; THENCE WESTERLY ALONG SAID NORTH LINE, SOUTH 89°57'02" WEST 20.00 FEET TO THE WESTERLY LINE OF THE EASTERLY 83 FEETOF SAID LOT 8; THENCE SOUTHERLY ALONG SAID WESTERLY LINE, SOUTH 00°00'51" WEST 35,50 FEET TO THE SOUTHERLY LINE OF THE NORTHERLY 7.50 FEET OF SAID LOT 5; THENCE EASTERLY ALONG SAID SOUTHERLY LINE NORTH 89°57'02" EAST 4,92 FEET; THENCE NORTH 00°30'58" WEST 3,53 FEET; SHEET l OF 3 EXHIBIT "A" LEGAL DESCRIPTION (LEGAL DESCRIPTION CONTINUED) THENCE NORTH 8903602" EAST 28.11 FEET TO THE WEST LINE OF THE EAST 50 FEET OF SAID LOT 5; THENCE NORTHERLY ALONG SAID WEST LINE, NORTH 00"OO'S1" EAST 3.80 FEET TO THE NORTH LINE OF SAID LOTS AND THE TRUE POINT OF BEGINNING. CONTAINING* 7Q6. SQUARE FEET, MORE OR LESS. EXHIBIT "B" ATTACHED AND BY THIS REFERENCE MADE. A PART HEREOF: SIG ED DAT �5' y 6RAC4�y qL� No. 8446 SHEET 2 OF 3 EXHIBIT 'B' - SKETCH TO A COMPANY LEGAL DESCRIPTION (NANCY FAINBARG CHASE do STEVEN FAINBARG TO CITY OF SANTA ANA N89'54'54"E 309.89' (EAST 310.00'R1) C L FIFTH ST , N89'54'54"E 219.88' M A=89'54'54" A=90'05'57" I R=15.00' R=15,00' L=23.54' C{ L=23.59' , 30' 30 - - —-- N89'57'02"E N00'001"E \ 7_ 20.00' 28.00 a I Q N89'S7 02"E H w \1 N00'00'S1 "E 1P08 I o a -- 35.50' N89'57'p2'E o p 7 U-) N 9.57 02"E _ Frl N I 4.92' 0 I. �9 \' !'7 W r►� N od V N I I M ® ^� awn I I. SCALE: 1"=50' � 30' 179.82' 70.00' N89'59'47"W 249,$2' (250.O0'R1) -•----� POC a CFOURTH ST _ N89159'47"W 309.81' (WEST 310.00'Rt) BASIS OF BEARINGS THE BEARINGS SHOWN HEREON ARE BASED A FIELD SURVEY o`�pV LAND S&, OF THIS BLOCK, HOLDING THE BEARING OF THE CENTERLINE OF BUSH STREET BEING NOO'00'00"E PER TOWN OF SANTA ANA RECORDED IN BOOK 2, PAGE 51 OF MISCELLANEOUS J BRALEY RECORDS OF LOS ANGELES COUNTY. IS 8446 LEGEND: EXCHANGE PARCEL sf — —EXISTING PROPERTY LINES cif O/ cktO �\ UNDERLYING LOT LINES, BLOCK 16, TOWN OF SANTA ANA J B ALEY vz SATE R1 RECORD PER MRLA 2/51 L.S. NO. 8446 R2 RECORD PER MRLA 9/91 REG, EXP; 12/31/18 c EXHIBIT "C" LEGAL DESCRIPTION CITY OF SANTA ANA TO EAST END REALTY PARTNERS >*XCHANGE PARCEL' TtiO 'E PORTIONS OF LATS S AND 5 IN BLOCK 16 OF THE TOWN OF SANTA ANA, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORM4, AS SHOWN ON A MAP RECORDED IN BOOK 3, PAGE S1 OF MISCELLANEOUS RECORDS, IN THE OFFICE.OF THE RECORDER OF LOS ANGELES COUNTY; DESCRIBED AS F•OLLOft COMMENCING AT THE:SOUTH WEST CORNER Or SAID .9LOCK 16; THENCE NORTHERLY ALONG THE WESTI,INE OF SAID BLOCK 15, NORTH 00000'00'+ EAST 100.14 FEET TO THE SOUTHWESTERLY CORNER OF SAID LOT.6 AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING IVORTHERI Y ALONG SAID WESTERLY LINE, NORTH 00°00'00 EAST 31,35FEET THENCE NORTH ,90'45.42" EAST 145:81 FEET; THENCE, SOUTH 00"01'04" EAST.18.03 FEET; THENCE NORTH 89°57'30" EAST 33.04 FEET TO THE WESTERLY UNEOF.THE EASTERLY 70;00 FEET CIF, SAID LOT S;. THENCE SOUTHERLY ALONG SAID WESTERLY LINE, SOUTH 00°00'51" WEST 12.91 FEET TO THE SOUTH LINE OF SAID LOTS; '-THENCE WESTERLY ALONG THE SOUTH LINE OF LOTS 5 & 6, SOUTH :89°58'06 WEST 179.85 FEET TO THE WEST LINE.OFSAID BLOCK 16 AND THE TRUE POINT OF BEGINNING, CONTAINING: 5,065 SQUARE FEET, MORE OR LESS, EXHIBIT "D" ATTACHED AND BY THIS REFERENCE MADE A PART HEREOF: 4AND SIGNS DATE �j e;1N No. 8446 SHEET 1 OF 2 N SCALE: 1"=50' EXHI©IT V SKETCH TO A COMPANY LEGAL DESCRIPTION CITY OF SANTA ANA TO EAST END REALTY PARTNERS _ N89'54'54"E 309.89' (EAST 310.00'RI) C/L FIFTH ST 0 0 N89'54'54"E 219,88' ' A=89'54'54° r1=90'05'57' I Ra15.00' f R=15.00' 1-23 59' 30' �I MRS 30' L=23.54 l U 1- 1 M N89'46'42"E 146.81' Q ui � 6 0 11' N89'58'06"E 179.85 N00'01' 04'W 18.93' " N89'57'30"E 33.04' 1 N00'00'51"E 12.91' $ TPOB 1 I 3 4 - - -- 30' co 30' 1 179.82' � 1 70.00'/ I N89'59'47"W 249.82' (250.00'R1) POC _C/L FOURTH ST __ N89'59'47W 309.81' (WEST 310.00'R1) BASIS OF BEARINGS THE BEARINGS SHOWN HEREON ARE BASED ON A FIELD SURVEY ON THIS BLOCK, HOLDING THE BEARING OF THE CENTERLINE OF BUSH STREET BEING N00'00'00"E PER TOWN OF SANTA ANA RECORDED IN BOOK 2, PAGE 51 OF \ MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY. LEGEND: EXCHANGE PARCEL —EXISTING PROPERTY LINES - UNDERLYING LOT LINES, BLOCK p 1/ t� 16, TOWN OF SANTA ANA Ri RECORD PER MRLA 2/51 L.S.RNO. 8446 ATE R2 RECORD PER MRLA 9/91 REG. EXP: 12/31/18 J BRALEY LS 8446 EXHIBIT "E" LEGAL DESCRIPTION CITY OF SANTA ANA TO NANCY FAINBARG CHASE & STEVEN FAIN BARG EXCHANGE_ PARCEL: THOSE PORTIONS OF LOTS 5 IN BLOCK 16 OF THE TOWN OF SANTA ANA, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 2, PAGE 51 OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE RECORDER OF LOS ANGELES COUNTY, DESCRIBED AS FOLLOWS: PARCELA: COMMENCING AT THE SOUTHWEST CORNER OF SAID BLOCK 16; THENCE ALONG THE SOUTHERLY LINE OF SAID BLOCK 16, SOUTH 89°59'47" EAST 249.82 FEET TO THE SOUTHEAST CORNER OF SAID BLOCK 16; THENCE ALONG THE EASTERLY LINE OF SAID BLOCK 16, NORTH 00°00'51" EAST 14410 FEET TO THE NORTH LINE OF THE SOUTHERLY 43.90 FEET OF SAID LOT 5 AND THE TRUE POINT OF BEGINNING; THENCE WESTERLY ALONG SAID NORTH LINE, SOUTH 89"58'06" WEST 50,00 FEET TO THE WESTERLY LINE OF THE EASTERLY 50 FEETOF SAID LOT 5; THENCE NORTHERLY ALONG SAID WESTERLY LINE, NORTH 00000'51" EAST 2.44 FEET; THENCE NORTH 89636'02" EAST 50.00 FEETTO THE EASTERLY LINE OF SAID LOT 5; THENCE SOUTHERLY ALONG SAID EASTERLY LINE, SOUTH 00°00'51" WEST 2.76 FEETTO THE TRUE POINT OF BEGINNING. CONTAINING: 130 SQUARE FEET, MORE OR LESS. SHEET 10F 3 (LEGAL DESCRIPTION CONTINUED) EXHIBIT "E„ LEGAL DESCRIPTION PARCEL 8: COMMENCING AT THE SOUTHWEST CORNER OF SAID BLOCK 16; THENCE NORTHERLY ALONG THE WEST LINE OF SAID BLOCK 16, NORTH 00°00'00" EAST 131.49 FEET; THENCE NORTH 89646'42" EAST 146.81 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 89°46'42" EAST 25.07 FEET; THENCE NORTH 00"30'58" WEST 10.70 FEET TO THE SOUTHERLY LINE OF THE NORTHERLY 7.50 FEET OF SAID LOT 5; THENCE EASTERLY ALONG SAID SOUTHERLY LINE NORTH 89057'02" EAST 8.08 FEET TO THE WESTERLY LINE OF THE EASTERLY 70.00 FEET OF SAID LOT 5; THENCE SOUTHERLY ALONG SAID WESTERLY LINE SOUTH O0°00'51" WEST 29.72 FEET; THENCE SOUTH 89'57'30" WEST 33.04 FEET; THENCE NORTH 00001'04" WEST 18.93 FEET TO THE TRUE POINT OF BEGINNING; CONTAINING: 713 SQUARE FEET, MORE OR LESS, EXHIBIT "F" ATTACHED AND BY THIS REFERENCE MADE A PART HEREOF. /8 SIGN&Pi TE No. 8446 SHEET 2 OF 3 EXHIBIT 'F' SKETCH TO A COMPANY LEGAL DESCRIPTION CITY OF SANTA ANA TO NANCY FAINBARG CHASE do STEVEN FAINBARG N89'54'54"E 309.89' (EAST 310.00'1?1) C L FIFTH ST N89'54'54"E 219.88' 4=89'54'54" M-9005'57" I T R=15.00' R=15.00' ti L=23.54' ���? q L=23.59' 1 1 a 30' 30' a -PCL E -4A N00'00'S1 "E I « 2�.4_4_ _ FmN N89'57 2"E 8.08 '"n 0930 0'E r¢ $ cu N,'58"W 10_7 50:0 `3 cu N89'4642 E 25.07' m oMfN00'01'04 W 18 3' W `~ N89'46'42°'E 146.$1' _ N89'58'06"E a !� I Ij h 70' _IIh1 NDO'00'51 "E 29.721vi I r - - - - -- - - - - N89'57'30"E 33.04' N N x kuTP08 C.) J�? i PCL $ PCL B-- -� s° SI(j' S 4 CQI$ Y o I � - - - itj 30' `1 SCALE: 1"=50' 30' I �r I *' 179.82' _L 70.00' N89'59'47"W 249.82`(250.00'Rt) 3 a POC PCL A & PCL B 1 b � CFOURTH ST14, N89'59 -47'W309,81' (WEST 310,00'R1) x BASIS OF BEARINGS THE BEARINGS SHOWN HEREON ARE BASED ON A FIELD SURVEY OF THIS BLOCK, HOLDING THE BEARING OF THE SSQ�0.1 LAND CENTERLINE OF BUSH STREET BEING NOO'00'00"E PER TOWN OF SANTA ANA RECORDED IN BOOK 2, PAGE 51 OF a J BRALEY m MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY. LS 8446 LEGEND: N EXCHANGE PARCEL '� * N —EXISTING PROPERTY LINES - UNDERLYING LOT LINES, BLOCK p 2, Of CAU1 16, TOWN OF SANTA ANAM J RALEY DATE a R1 RECORD PER MRLA 2/51 L.S. NO, 8446 ti R2 RECORD PER MRLA 9/91 REG. EXP: 12/31/18 °'n