HomeMy WebLinkAboutSOUTHERN CALIFORNIA EDISONINSURANCE NOT REQUIRED
WORK MAY PROCEED
CLERK OF COUNCIL
A-2019-009
nArc, JAN 2 4 2010
AGREEMENT FOR EXCHANGE OF REAL PROPERTY
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N�df„U'. "� This Agreement for Exchange of Real Property ("Agreement') is entered as of the 15 day of
201/,gby and between the CITY OF SANTA ANA, a charter city and municipal
corporation duly organized under the Constitution and laws of the State of California ("City"), and
SOUTHERN CALIFORNIA EDISON COMPANY, a California corporation. The City and SCE are
hereinafter sometimes referred to collectively as the "Parties."
RECITALS
A. City owns certain real property commonly known as Orange County Assessor Parcel No. 405-262-
24, located at 911 N. Bristol Street in the City of Santa Ana, County of Orange, State of California,
as more particularly described and depicted in the Legal Description attached hereto as Exhibit A
and incorporated herein by reference ("City Property").
B. SCE owns certain real property commonly known as Orange County Assessor Parcel No. 405-274-
11, located at 1217 N. Bristol Street in the City of Santa Ana, County of Orange, State of California,
as more particularly described and depicted in the Legal Description attached hereto as Exhibit B
and incorporated herein by reference ("SCE Property").
C. The Parties desire by this Agreement to provide the teens and conditions for the exchange of fee
interests in the City Property and the SCE Property, together with all rights, easements and
appurtenances thereto.
AGREEMENT
THEREFORE, for and in consideration of their mutual promises, covenants and agreements, and subject
to the terms, conditions and provisions of this Agreement, the Parties agree as follows:
1. Exchange of Real Property
1.1. Conveyance by City. City agrees to convey the City Property to SCE by Grant Deed, and
SCE agrees to accept the same from the City.
1.2. Conveyance by SCE. SCE agrees to convey the SCE Property to City by Grant Deed, and
City agrees to accept the same from SCE.
2. Consideration
2.1 Consideration. In full and complete payment for the exchange of fee interests in the City
Property and the SCE Property, City shall provide to SCE a signed grant deed for the City
Property in the form attached as Exhibit C, and SCE shall provide to City a signed grant deed
for the SCE Property in the form attached as Exhibit D.
3. Escrow
3.1 Escrow Agent. Within five (5) days from and after the execution of this Agreement by all
Parties, City agrees to open an escrow at the office of Commonwealth Title Company at 4100
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Newport Place Dr. Suite 120, Newport Beach, California ("Escrow Agent'). This
Agreement constitutes the joint escrow instructions of the Parties and a duplicate original of
this Agreement shall be delivered to the Escrow Agent upon the opening of the escrow
("Effective Date").
3.2 Escrow Agent Authorization. The Escrow Agent hereby is empowered to act under this
Agreement and the General Escrow Provisions, attached hereto as Exhibit E and incorporated
herein by reference, and upon indicating its acceptance of this Agreement and the General
Escrow Provisions, in writing, delivered to the Parties within five (5) days after delivery of
this Agreement, shall carry out its duties as Escrow Agent hereunder.
3.3 Escrow Agent Liability. The liability to the Escrow Agent under this Agreement is limited
to performance of the obligations imposed upon it under this Agreement.
3.4 Closing Costs. City agrees to bear, and Escrow Agent is hereby authorized to charge to the
City the cost of any transfer taxes, recording fees, cost of title insurance, re -conveyance fees,
document preparation fees, escrow fees and any other closing costs incidental to the
conveying of SCE Property to City. City and SCE agree to split, and Escrow Agent is hereby
authorized to charge equally to the City and SCE, the cost of any transfer taxes, recording
fees, cost of title insurance, re -conveyance fees, document preparation fees, escrow fees and
any other closing costs incidental to the conveying of City Property to SCE.
3.5 Title Insurance. The Parties agree to deliver, concurrently with the conveyance of said real
properties, within the time and at the place hereinabove specified for said conveyance of said
real property, a policy of title insurance (each, the "Title Policy") to be issued by the above
mentioned title company, with the receiving Party therein named as the insured, in an amount
equal to the appraised value of the subject property, insuring the title to said real property is
free and clear of any and all conditions, restrictions, reservations, exceptions, easements,
assessments, profits, limitations, encumbrances (whether monetary or non -monetary, general
or specific, and including any and all leasehold interests), liens, clouds or defects in title,
excepting such specific ones as the receiving Party may hereinafter expressly agree to take
subject to. Acceptance by the receiving Party of any such policy of insurance, whether such
insurance complies with the requirements of this paragraph or not, shall not constitute a
waiver by the receiving Party of its right to such insurance as is herein required of the
granting Party, nor a waiver by the receiving Party of any rights of action for damages or any
other rights which may accrue to the receiving Party by reason of the failure of the giving
Party to convey title or to provide title insurance as required in this Agreement.
3.6 Property Taxes.
(a) Such real property taxes, if any, on the subject real properties for the fiscal year within
which said real property is conveyed to the receiving Party as are unpaid at the time
of said conveyance shall be cleared and paid in accordance with the provisions of
Section 4986 of the Revenue and Taxation Code of the State of California.
(b) The granting Party shall be eligible for a refund under Section 5096.7 of the Revenue
and Taxation Code of the State of California for that portion of property taxes on said
real property for said fiscal year which have been paid prior to the date the deed
conveying said real property to the receiving Party is recorded which is allocable to
that portion of the fiscal year which begins on the date the deed conveying said real
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property to the receiving Party is recorded and made uncollectible if unpaid by reason
of Section 5086 of the Revenue and Taxation Code of the State of California. To the
extent that the granting Party has prepaid any taxes or assessments attributable to the
subject real property, the granting Party shall be solely responsible for obtaining any
refund due thereon from the taxing authority. Upon written request, the receiving
Party shall assist the granting Party, at the granting Party's sole cost, in obtaining said
refund, if any; however, in no case shall the receiving Party credit or otherwise pay
the granting Party for that refund, if any, through or outside of Escrow.
(c) All unpaid taxes on either property for any and all years prior to the fiscal year within
which said conveyance is made shall be paid by the granting Party before conveyance
of said real property to the receiving Party.
3.7 Deposit of Funds and Documents.
(a) Prior to Close of Escrow (as defined below), the Parties shall deposit into Escrow (i)
all escrow and Closing Costs as described above; and (ii) such other documentation
as is necessary to close Escrow;
(b) Prior to the Close of Escrow, each Party shall deposit into Escrow (i) the properly
executed grant deed for conveyance of each Property; (ii) a duly executed bill of sale,
assignment and assumption agreement with respect to the tangible and intangible
personal property included in each Property; and (iii) such other documents and sums,
if any, as are necessary to close Escrow in conformance herewith.
3.8 Conditions Precedent to Close of Escrow. The obligation of the Parties to exchange the
Properties as contemplated by this Agreement and the Close of Escrow is subject to
satisfaction of each of the following conditions:
(a) All representations and warranties of each Party set forth in this Agreement shall be
true and correct as of the date of the Close of Escrow;
(b) Each Party shall timely perform all obligations required by the terms of this
Agreement to be performed by it;
(c) The irrevocable and unconditional written agreement of Title Company to record the
grant deeds at the Close of Escrow and to issue the Title Policy to the receiving Party,
effective as of the date and time the deed is recorded; and,
(d) No material adverse physical change to either Property, including those caused by
condemnation and/or casualty, shall have occurred subsequent to the Effective Date
and on or prior to the Close of Escrow.
3.9 Close of Escrow. The Escrow Agent is hereby authorized to close escrow upon and after (a)
receipt of the documents and funds in Section 3.7 and (b) confirmation of the approval of the
Close of Escrow by the City and SCE ("Close of Escrow"), at which time the Escrow Agent
shall:
(a) Record the Grant Deed conveying the City Property and the Grant Deed conveying
the SCE Property in the Official Records of Orange County;
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(b) Disburse the funds deposited into escrow by the Parties in accordance with the
closing statements executed by the Parties;
(c) Deliver to the City (a) promptly following the Close of Escrow, one (1) original of
the bill of sale, assignment and assumption agreement for each Property, (b) within
one (1) business day following recordation a conformed copy of (i) the City Property
grant deed and (ii) the SCE Property grant deed; and (c) when issued, the Title Policy
for the SCE Property; and
(d) Deliver to SCE (a) promptly following the Close of Escrow, one (1) original of the
bill of sale, assignment and assumption agreement for each property, (b) within one
(1) business day following recordation a conformed copy of (i) the City Property
grant deed and (ii) the SCE Property grant deed; and (c) when issued, the Title Policy
for the City Property.
If escrow is not in a condition to close by the Close of Escrow, and failure to close is due to
unforeseen conditions of title or interest of third parties in either Property that cannot be
resolved in Escrow, then either Party may, at its option, request cancellation of Escrow and
this Agreement and return of any funds it has deposited into escrow. Thereupon, all
obligations and liabilities of the Parties under this Agreement shall cease and terminate. If
no such request is made, Escrow shall be closed as soon as possible thereafter. Subject to
satisfaction of the conditions to Closing set forth in this Agreement, the Close of Escrow
shall occur on or before December 31, 2018.
4. Representations and Warranties
4.1 Representations and Warranties of City. City makes the following representations and
warranties with respect to the City Property, each of which shall survive Close of Escrow:
(a) The execution and delivery of this Agreement, performance hereunder, and the
consummation of the transaction contemplated hereby will not constitute a violation
of any order or decree or result in the breach of any contract or agreement to which
the City is at present a party or by which the City is bound.
(b) To City's actual knowledge, no litigation and no governmental, administrative or
regulatory act or proceeding regarding the environmental, health and safety aspects
of the City Property is pending, proposed or threatened.
(c) City will not enter into any agreements or undertake any new obligations prior to
Close of Escrow that will in any way burden, encumber or otherwise affect the City
Property without the prior written consent of SCE.
(d) City is aware of its obligation under California Health and Safety Code Section
25359.7 to disclose any knowledge which they may have regarding any release of
Hazardous Substances (as defined by applicable federal, state and local statutes, rules
and regulations) upon or under the City Property. City warrants and represents to
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SCE that City is not aware that any such Hazardous Substances have been generated,
stored or disposed of upon or under the City Property.
(e) To the best of City's knowledge the City Property complies with all applicable laws
and governmental regulations including, without limitation, all applicable federal,
state, and local laws pertaining to air and water quality, hazardous waste, waste
disposal, and other environmental matters, including, but not limited to, the Clean
Water, Clean Air, Federal Water Pollution Control, Solid Waste Disposal, Resource
Conservation Recovery and Comprehensive Environmental Response Compensation
and Liability Acts, and the California Environment Quality Act, and the rules,
regulations, and ordinances of the City, the California Department of Health Services,
the Regional Water Quality Control Board, the State Water Resources Control Board,
the Environmental Protection Agency, and all applicable federal, state, and local
agencies and bureaus.
(f) City, as a government agency, has not been subject to real property tax assessment
on the City Property. Transfer of title to the City Property to SCE at the Close of
Escrow may subject the City Property to an assessment from the Orange County
Office of the Assessor and shall be the obligation of SCE henceforth.
4.2 Representations and Warranties of SCE. SCE makes the following representations and
warranties with respect to the SCE Property, each of which shall survive Close of Escrow:
(a) The execution and delivery of this Agreement, performance hereunder, and the
consummation of the transaction contemplated hereby will not constitute a violation
of any order or decree or result in the breach of any contract or agreement to which
SCE is at present a party or by which SCE is bound.
(b) To SCE's actual knowledge, no litigation and no governmental, administrative or
regulatory act or proceeding regarding the environmental, health and safety aspects
of the SCE Property is pending, proposed or threatened.
(c) SCE will not enter into any agreements or undertake any new obligations prior to
Close of Escrow that will in any way burden, encumber or otherwise affect the SCE
Property without the prior written consent of the City.
(d) SCE is aware of its obligation under California Health and Safety Code Section
25359.7 to disclose any knowledge which they may have regarding any release of
Hazardous Substances (as defined by applicable federal, state and local statutes, rules
and regulations) upon or under the SCE Property. SCE warrants and represents to
the City that SCE is not aware that any such Hazardous Substances have been
generated, stored or disposed of upon or under the SCE Property, except as disclosed
in Section 6.2 below.
(e) To the best of SCE's knowledge and except as disclosed in Section 6.2 below, the
SCE Property complies with all applicable laws and governmental regulations
including, without limitation, all applicable federal, state, and local laws pertaining
to air and water quality, hazardous waste, waste disposal, and other environmental
matters, including, but not limited to, the Clean Water, Clean Air, Federal Water
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Pollution Control, Solid Waste Disposal, Resource Conservation Recovery and
Comprehensive Environmental Response Compensation and Liability Acts, and the
California Environment Quality Act, and the rules, regulations, and ordinances of the
City, the California Department of Health Services, the Regional Water Quality
Control Board, the State Water Resources Control Board, the Environmental
Protection Agency, and all applicable federal, state, and local agencies and bureaus.
Right of Possession
5.1 Right of Possession. The Parties agree to deliver to each other quiet and peaceful physical
and legal possession of the respective Properties, free of all personal property, effective as
of the Close of Escrow.
6. As -Is Condition
6.1 As -Is Condition. Parties shall rely solely and exclusively upon the results of their own Due
Diligence Investigations of the subject Properties with regard to any physical condition or
state of the Properties. By completing the exchange of the Properties, Parties evidence their
unconditional acceptance of the condition of each respective Property. Parties acknowledge
and agree that each is acquiring its respective Property on an "AS -IS," "WHERE -IS" basis.
Parties are not offering to acquire the respective Property based on any representation by the
other Party, or a third party, except those expressly set forth in this Agreement. Parties
hereby acknowledge that the exchange of the Properties is without warranties of any kind
from the other Party, expressed or implied, except as expressly set forth in this Agreement,
as to the condition of the subject Property or its improvements, if any, including, without
implied limitation, soils, access to the subject Property or to utilities, appliances, structure
utility systems, roof, foundation, landscaping or any other component of the subject Property.
Parties do not warrant that either Property conforms with any ordinances, including, without
implied limitation, zoning or building ordinances.
6.2 SCE Disclosure; Post -Closing Testing. SCE conducted environmental testing on the SCE
Property, which produced three samples at 0.5 feet with arsenic concentrations of 6.4, 8.6
and 13 mg/kg. SCE has agreed to do additional testing of the SCE Property after the Close
of Escrow once the City has demolished and removed the existing substation, including its
foundation and slab. SCE will take eight (8) additional soil samples at 0.5 and 2.0 feet.
SCE's consultant will calculate the 95% upper control limit ("UCL") of the mean for the two
previous and the eight new samples at 0.5 feet using the Environmental Protection Agency's
distributed program ProUCL 5.1. The result will be compared to the California Department
of Toxic Substances Control's criteria of 12 mg/kg for school sites. If the 95% UCL of the
mean is less than the screening criteria, (a) the SCE Property will be immediately available
for use by the City and (b) SCE will not remediate the SCE Property. If the 95% UCL of the
mean exceeds the criteria, then a shallow soil excavation and haul remediation plan will be
developed and implemented by SCE. The SCE Property will be available for City use upon
the completion of the SCE remediation plan. The City shall issue a temporary entry permit
to SCE for such testing and remediation. The obligations of this Section 6.2 shall survive
the Closing.
Acknowledgement of Full Benefits
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7.1 Full Benefits. By execution of this Agreement, the Parties hereby aclrnowledge that this
Agreement provides full payment for the acquisition of the subject Properties, and each Party
hereby expressly and unconditionally waives any claim for damages, interest, loss of
goodwill, severance damages, or any other compensation or benefits other than as already
expressly provided for in this Agreement, it being understood that this is a complete and full
settlement of all acquisition claims, liabilities, or benefits of any type or nature whatsoever
relating to or in connection with the acquisition of the subject Properties.
8. Remedies
8.1 Remedies. If either Parry defaults under this Agreement, and such default is not cured within
thirty (30) days following the date of written notice of default, then the other Party may
either: (i) terminate this Agreement by written notice, whereupon this Agreement and the
obligations of the Parties hereunder shall terminate (other than those obligations that
expressly survive a termination of this Agreement); or (ii) bring an action for specific
performance of this Agreement.
9. Miscellaneous
9.1 Notice. All notices or other communication provided for under this Agreement shall be in
writing, and shall be delivered personally, sent by reputable overnight mail equivalent
carrier, or sent by registered or certified mail, return receipt requested, postage prepaid,
addressed to the person to receive such notice or communication at the following address
and shall be effective upon the earlier of actual receipt or refusal to accept delivery:
If to the City: The City of Santa Ana
Clerk of the Council
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, CA 92702
With a copy to: City Attorney
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, CA 92702
If to SCE: Southern California Edison Company
2 Innovation Way
PIV 2, 2nd Floor
Pomona, California 91768
Phone: 909-274-1896
E-mail: richard.fujikawa@sce.com
With a copy to: Southern California Edison Company
2244 Walnut Grove Avenue
Rosemead, California 91770
Attention: Claire Deane, Esq.
Phone: 626-302-6654
E-mail: claire.keane@sce.com
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Notice of change of address shall be given by written notice in the manner set forth in this
subsection.
9.2 Time is of the Essence. Time is of the essence with respect to each and every provision
hereof.
9.3 Waivers. The waiver by either Party of any breach of any covenant or agreement herein
contained on the part of the other Party shall not be deemed or held to be a waiver of any
subsequent or other breach of said covenant or agreement nor a waiver of any breach of any
other covenants or agreements contained herein.
9.4 Assignment. Neither this Agreement, nor any interest herein, shall be assignable by any
Party without prior written consent of the other, non -assigning Party hereto.
9.5 Inurement. Subject to the restrictions against assignment as herein contained, this
Agreement, and all the terms, covenants, and conditions hereof, shall inure to the benefit of
and shall be binding upon, the assigns, successors in interest, personal representatives,
estates, heirs and legatees of the respective parties hereto.
9.6 Governing Law. All questions with respect to this Agreement, and rights and liabilities of
the Parties hereto, shall be governed by the laws of the State of California. Venue shall be
in the County of Orange.
9.7 Attorney Fees. In the event of any controversy, claim or dispute between the Parties hereto,
arising out of or relating to this Agreement or the breach thereof, the prevailing party shall
be entitled to recover from the other party reasonable expenses, attorney fees and costs.
9.8 Entire Agreement. The Agreement contains the entire agreement of the Parties hereto, and
supersedes any prior written or oral agreements between them concerning the subject matter
contained herein. There are no representations, agreements, arrangements, or
understandings, oral or written, between the Parties hereto, relating to the subject matter
contained in this Agreement which are not fully expressed herein.
9.9 Additional Documents. All Parties hereto agree to execute any and all additional documents
and instruments necessary to carry out the terms of this Agreement.
9.10 No Merger. All warranties, representations, acknowledgements, releases, covenants and
obligations contained in this Agreement shall survive delivery and recordation of the grant
deeds.
9.11 Contingency. It is understood and agreed between the Parties hereto that the completion of
this transaction, and the escrow created hereby, is contingent upon the specific acceptance
and approval of the City herein. The execution of these documents and the delivery of same
to Escrow Agent constitute said acceptance and approval.
9.12 Modification and Amendment. This Agreement may not be modified or amended except in
writing signed by the Parties.
9.13 Partial Invalidity. Any provision of this Agreement that is unenforceable or invalid or the
conclusion of which would adversely affect the validity, legality, or enforcement of this
Page 8 of 15
Agreement shall have no effect, but all the remaining provisions of this Agreement shall
remain in full force.
9.14 Captions. Captions and headings in this Agreement, including the title of this Agreement,
are for convenience only and are not to be considered in construing this Agreement.
9.15 No Reliance by One Party on the Other. Each Party has received independent legal advice from
its attorneys with respect to the advisability of executing this Agreement and the meaning of
the provisions hereof. The provisions of this Agreement shall be construed as to their fair
meaning, and not for or against any Party based upon any attribution to such Party as the source
of the language in question.
9.16 No Third Party Beneficiary. This Agreement is intended to benefit only the Parties hereto and
no other person or entity has or shall acquire any rights hereunder.
9.17 Duty to Cooperate Further. Each Party hereby agrees that it shall, upon request of the other,
execute and deliver such further documents (in form and substance reasonably acceptable to the
Party to be charged) and do such other acts and things as are reasonably necessary and
appropriate to effectuate the terms and conditions of this Agreement, without cost.
9.18 Incorporation of Exhibits. All Exhibits referenced herein and attached hereto shall be
incorporated as if fully set forth in the body of this Agreement.
9.19 Authority to Execute Agreement. The persons executing this Agreement and the instruments
referenced herein on behalf of City and SCE hereby represent and warrant that such persons
have the right, power and authority to bind City and SCE, respectively. SCE shall indemnify
City fully, including reasonable costs and attorney's fees, for any injuries or damages to City
in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
9.20 Counterparts. This Agreement may be signed in counterpart or duplicate copies, and any
signed counterpart or duplicate copy shall be equivalent to a signed original for all purposes.
[SIGNATURES ON NEXT PAGE]
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SIGNATURE PAGE TO AGREEMENT FOR EXCHANGE OF REAL PROPERTY
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above
written.
CITY:
CITY OF SANTA ANA, a California charter city and
municipal corporation
By:
Steven A. Mendoza
Acting City Manager
ATTEST: (� —
B
Y:
Norma Mitre
Acting Clerk of the Council
APPROVED AS TO FORM:
By: V47vv &V
tM. Funk
s 'stant City Attorney
RECO DED BY:
By:
Fuad S.l weiss, Executive Director
Public rks Agency
Sout ern Califoi is Edison Company,a
corporation:
By.
Name:
Title:
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CITY PROPERTY
EXHIBIT A
Page 11 of 15
EXHIBIT `A'
LEGAL DESCRIPTION
WESTERLY PORTION OF A.P. No. 405-262-24
IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING A
PORTION OF THE UNDERLYING PARENT PARCEL AS DESCRIBED IN THE GRANT DEED
RECORDED AUGUST 16TH, 2016, AS INSTRUMENT No. 2016000384991, OFFICIAL RECORDS OF
SAID COUNTY, SAID BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:.
ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE COUNTY OF ORANGE, STATE OF
CALIFORNIA, DESCRIBED AS FOLLOWS:
THAT PORTION OF "LOURIE'S SUBDIVISION OF PORTION OF HEDGES ADDITION TO SANTA
ANA" IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS
SHOWN ON A MAP RECORDED IN BOOK 5, PAGE 12 OF MISCELLANEOUS MAPS, RECORDS
OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
THE WEST ONE-HALF (WI/2) OF THE SOUTH 50 FEET OF THE NORTH 124 FEET OF THE
FOLLOWING DESCRIBED LAND:
BEGINNING AT A POINT 325 FEET WEST OF THE NORTH-EAST CORNER OF LOT 4 IN BLOCK
"A" OF HEDGES ADDITION TO SANTA ANA, AS SHOWN ON A MAP RECORDED IN BOOK 31,
PAGE 48 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA;
THENCE NORTH PARALLEL TO THE WEST LINE OF BAKER STREET 374 FEET;
THENCE WEST 325 FEET TO THE EAST LINE OF BRISTOL STREET, AS SAID STREET EXISTED
ON MAY 26,1908;
THENCE SOUTH ALONG THE EAST LINE OF SAID BRISTOL STREET, 374 FEET TO THE
NORTH-WEST CORNER OF LOT 19 IN BLOCK "B" OF SAID HEDGES ADDITION;
THENCE EAST 325 FEET TO THE POINT OF BEGINNING;
EXCEPTING THEREFROM THAT PORTION OF SAID LAND CONVEYED TO THE CITY OF
SANTA ANA FOR STREET PURPOSES BY DEED RECORDED JANUARY 6, 1927 IN BOOK 7,
PAGE 40, OF OFFICIAL RECORDS OF SAID ORANGE COUNTY.
SAID PORTION BEING DESCRIBED MORE PARTICULARLY HEREIN AS THE SOUTH 17.00
FEET, TOGETHER WITH THE EAST 69.00 FEET, OF THAT PORTION OF SAID UNDERLYING
PARCEL LYING WEST OF A LINE, THE NORTH TERMINUS OF SAID LINE BEING THE
SOUTHEAST CORNER OF THAT PARCEL DESCRIBED IN THE GRANT DEED RECORDED JUNE
17TH, 2016, AS INSTRUMENT No. 2016000256217, OFFICIAL RECORDS OF SAID COUNTY, SAID
CORNER ALSO BEING THE SOUTHWEST CORNER OF THAT PARCEL DESCRIBED IN THE
GRAND DEED RECORDED MARCH 8T11, 2004, AS INSTRUMENT No. 2004000181968, OFFICIAL
RECORDS OF SAID COUNTY, THE SOUTH TERMINUS OF SAID LINE BEING THE NORTHEAST
CORNER OF THAT PARCEL DESCRIBED IN THE GRANT DEED RECORDED NOVEMBER 29TIl,
2016, AS INSTRUMENT No. 2016000601396, OFFICIAL RECORDS OF SAID COUNTY, SAID
CORNER ALSO BEING THE NORTHWEST CORNER OF THAT PARCEL DESCRIBED IN THE
GRAND DEED RECORDED MAY 18TH, 2012 AS INSTRUMENT No, 2012000286972, OFFICIAL
RECORDS OF SAID COUNTY;
EXCEPTING FROM SAID PORTION MORE PARTICULARLY DESCRIBED HEREIN ABOVE
THOSE LANDS LYING WESTERLY FROM A LINE, SAID LINE BEING CONCENTRIC WITH AND
64.00 FEET EASTERLY FROM THE FOLLOWING DESCRIBED LINE:
COMMENCING AT THE CENTERLINE INTERSECTION OF 9TH STREET AND BRISTOL STREET,
SAID BEING SHOWN ON THE MAP OF TRACT No. 1262, FILED IN BOOK 39, PAGE 6, OF
MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY;
THENCE NORTH 1°31'41" EAST, 390.07 FEET ALONG SAID CENTERLINE OF BRISTOL STREET
TO A POINT OF CUSP WITH A CURVE, SAID CURVE BEING CONCAVE WESTERLY AND
HAVING A RADIUS OF 2000.00 FEET, SAID POINT OF CUSP BEING THE TRUE POINT OF
BEGINNING;
THENCE SOUTHERLY ALONG SAID CURVE 223.68 FEET THROUGH A CENTRAL ANGLE OF
6024'29" TO A POINT OF REVERSE CURVATURE, SAID REVERSE CURVE BEING CONCAVE
EASTERLY AND HAVING A RADIUS OF 2000.00 FEET;
THENCE SOUTHERLY ALONG SAID CURVE 223.63 FEET THROUGH A CENTRAL ANGLE OF
6024'23" TO SOUTHERLY TERMINUS;
HEREINABOVE DESCRIBED PARCEL CONTAINING AN AREA OF 4,466 SQUARE FEET, MORE
OR LESS;
SUBJECT TO COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS, AND RIGHTS OF
WAY OF RECORD, IF ANY;
ALL SHOWN ON EXHIBIT `A -I', ATTACHED HERETO AND BY THIS REFERENCE MADE A
PART HEREOF
THIS DESCRIPTION WAS PREPARED BYyANt?
JOHNSON -FRANK & ASSOCIATES, INC., UNDER
THE DIRECT SUPERVISION OF ANTHONY C. r..4.
CUOMO, PLS 6042, ON FEBRUARY 22ND, 2017.
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EXHIBIT B
Page 12 of 15
EXHIBIT "A"
LEGAL DESCRIPTION
APN 405-274-11
SERIAL 71376A
THE SOUTHERLY 40 FEET OF THE LOT 32, IN TRACT NUMBER 923, IN THE CITY OF SANTA
ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOT{ 29,
PAGE 14 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY.
CONTAINING 3,853 SQUARE FEET OR 0.09 ACRES, MORE OR LESS.
ALL FOUND MONUMENTS DESCRIPTIONS, BASIS OF BEARINGS, COURSES, ETC. ARE AS
SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF.
PREPhRED BY ME OR UNDER MY DIRECTION
c
BRIAN w. t
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CITY PROPERTY DEED
EXHIBIT C
Page 13 of 15