HomeMy WebLinkAboutFIRST POINT I AND IIRECORDING REQUESTED BY
AND WHEN RECORDED MAIL
TO:
City of Santa Ana
—Planning and Building Agency, M-20
20 Civic Center Plaza
PO Box 1988
Santa Ana, CA 92702
o'. V)SXA(1 1
Return FULLY EXECUTED
CITY OF SANTA ANA
(Space above Line for Use by Recorder)
This document is exempt from the
payment of a recording fee pursuant to
Government Code Section 27383
PROPERTY MAINTENANCE AGREEMENT FOR SITE PLAN REVIEW NO.2017-09 AND
DENISTY BONUS AGREEMENT NO.2017-02 FOR THE PROPERTY LOCATED
AT 2112, 2116, AND 2020 EAST FIRST STREET
This PROPERTY MAINTENANCE AGREEMENT (the "Agreement"), is effective upon the date
of recordation of the Agreement (the "Effective Date"), and is entered into by and between the City of Santa
Ana, a municipal corporation (the "City") and First Point I and II and/or any assigned responsible party,
including, but not limited to tenants, lessor(s), lessee(s), ground -lease holders, etc. (the "Owner"). The
capitalized term "Parties" shall be a collective reference to both City and Owner. The capitalized term
"Party" shall refer to either City or Owner interchangeably as appropriate.
RECITALS
WHEREAS, Owner seeks to develop the real property located at 2110 and 2114 (now 2112 and 2116) East
First Street and 2020 East First Street in Santa Ana, CA APN 402-191-01, which is more particularly
described in the legal description attached hereto as Attachment "A" and incorporated herein (the
"Property");
WHEREAS, on August 4, 2016, SANTA ANA PACIFIC ASSOCIATES II, L.P. ("Applicant") submitted
an application to the City (the "Development Project Application"), with written consent of the Owner, to
allow construction of a mixed -use affordable residential community containing 552 affordable residential
units and 10,000 square feet of leasable commercial space on the Property ("Development");
WHEREAS, this Agreement pertains to the Project described in the second recital, above;
WHEREAS, the Parties seek to enter into this Agreement to ensure the proper compliance with project
approval conditions, operational restrictions, maintenance, and upkeep of the Property, improvements, and
permitted uses.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES AND
COVENANTS CONTAINED HEREIN, THE CITY AND OWNEER AGREE AS FOLLOWS:
RECITALS. The Recitals above are true and correct and incorporated into the body of this Agreement by
this reference.
COMPLIANCE WITH APPROVED DEVELOPMENT PLANS AND CITY CONDITIONS. This
Agreement fulfills the requirement set forth in Exhibit A of Planning Commission Resolution No. 2018-20,
Condition No. 2. Owner accepts and shall fulfill all conditions of approval set forth in Planning Commission
Resolution No(s). 2018-20. The Project shall substantially conform with the Development Project
Application and the plans contained therein, which are on file with the City Planning and Building Agency.
PROPERTY MAINTENANCE ENFORCEMENT BY THE CITY OF SANTA ANA
Ongoing Operational/ Maintenance Conditions. Owner, on behalf of itself, its successors and assigns and
any owner of the Property, hereby agrees to maintain and repair the following elements of the Property and
the Project:
The Property shall be maintained in conformance with the standards generally applicable to comparable
retail/commercial businesses located within the City. The Development shall comply with operational
conditions of the Santa Ana Municipal Code (SAMC) applicable during any period(s) of construction or
major repair (e.g., proper screening and securing of the construction site; implementation of proper erosion
control, dust control and noise mitigation measure; adherence to approved project phasing etc.).
The Development shall comply with ongoing operational conditions, requirements and restrictions, as
applicable (including but not limited to hours of operation, security requirements, the proper storage and
disposal of trash and debris, and/or restrictions on. certain uses, including uses determined by the Planning
Commission in its Resolution No(s). 2018-20 to be incompatible or inconsistent with any authorized uses;
compliance with applicable State and/or federal statutes and regulations, including but not limited to
compliance with statutes and regulations regarding the appropriate operating guidelines for certain
equipment (e.g., emissions standards, radio frequency emissions standards etc.).
All onsite activities shall comply with the City of Santa Ana Noise Ordinance at all times.
The Property shall be in ongoing compliance with the approved design and construction parameters, signage
parameters and restrictions as well as landscape designs, as applicable.
Ongoing maintenance, repair and upkeep of the Property and all improvements located thereupon shall be
provided by the Owner (including but not limited to controls on the proliferation of trash and debris about
the Property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of
damaged, vandalized and/or weathered buildings, structures and/or improvements; the timely maintenance,
repair and upkeep of exterior paint, parking striping, pedestrian pathways/open space areas, lighting and
irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom fixtures, landscaping and
related landscape improvements and the like, as applicable).
If the applicant and the owner of the property are different (e.g., if the applicant is a tenant or licensee of the
property or any portion thereof), both the applicant and the owner of the property shall be signatories to the
maintenance agreement and both shall be jointly and severally liable for compliance with its terms. If the
applicant is a sub -lessee or sub -licensee any portion of the property or any equipment located upon the
property (e.g., as would be the case with a wireless carrier seeking to co -locate equipment upon an existing
wireless telecommunication facility), the applicant, the primary lessee/licensee and the underlying property
owner shall all be signatories to the maintenance agreement and shall all be jointly and severally liable for
compliance with its terms.
The maintenance agreement shall further provide that any Responsible Party responsible for complying with
its terms shall not assign its ownership interest in the property or any interest in any lease, sublease, license
or sublicense, unless the prospective assignee agrees in writing to assume all of the duties and obligations
and responsibilities set forth under the maintenance agreement.
The surface of the driveways, fire lanes, vehicle parking areas, and public right-of-way areas adjacent
to the Property as depicted on the Property Site Plan shall be maintained in a good and serviceable
condition by the Owner, and shall be kept free of weeds, trash, or other debris.
The removal of solid waste, trash, or other debris from the Property shall be undertaken by a duly franchised
solid waste hauler authorized to provide such services to commercial properties in the City.
The outdoor trash storage enclosure shall screen all trash containers from view
Landscaping for the areas shown on the Property Site Plan shall be continuously maintained by the
Owner as per approved landscape plans in a good condition.
Lighting shall be provided in all parking areas, vehicular access ways, and along major walkways, in
accordance with the SAMC and approved by the Planning and Building Divisions.
Exterior surfaces of the Building and all other structures, fixtures, or other improvements located on
the Property, shall be kept free and clear of graffiti. Graffiti shall be removed within twenty-four (24)
hours following the time of its application. Graffiti shall be removed by either painting over the
evidence of such graffiti with a paint that has been color matched to the surface to which it is applied
or graffiti may be removed with solvents or detergents, as applicable. A failure by Owner to remove
graffiti within twenty-four (24) hours following its application on any structure, fixture or other
improvement located on the Property shall be deemed to be a Maintenance Deficiency as defined below
in Section 7(d).
The vehicle parking areas shown on the Property Site Plan shall be maintained in a good condition to
facilitate the efficient loading and unloading of delivery truck areas (limited to areas immediately
adjacent to the Building) and parking within the American with Disabilities Act complaint vehicle parking
spaces for the Building as shown on the Property Site Plan.
Any abandoned vehicle on the Property shall be promptly removed.
All onsite parking spaces shall be accessible and free of obstructions and can only be used for parking of
operable vehicles at all times.
Vehicles utilized for ingoing and outgoing deliveries to the Building shall not exceed the weight limits set
forth by the Department of Transportation Federal Highway Administration applicable to Class 1 through
Class 7 type- vehicles, so long as no such vehicle exceeds forty (40) feet in length.
The idling of vehicles, including delivery vehicles, is prohibited within the Property or adjacent streets. For
purposes of this Agreement, "idling" refers to the running of a vehicle's (including those used for incoming
and outgoing deliveries at the Building) engine when such vehicle is not in motion for more than five (5)
minutes, including when such vehicle is parked outside the Building or otherwise stationary with the engine
running.
All operations of any preapproved mechanical equipment shall be conducted within the Building and that
all openings to the Building shall be maintained in a closed position during the usage of such mechanical
equipment usage.
Owner Confers to City Right to Conduct Maintenance and Repairs.Owner on behalf of itself, its successors
and assigns hereby confers upon the City the right but not the obligation to conduct maintenance and repairs
on the Property as required in Section 3(A) of this Agreement, subject to the conditions of Section 3(C).
Such powers under Section 3(B) of this Agreement are conferred by Owner on the City for the benefit of the
City to provide for the health, safety and welfare of all persons who use the Project or any portion thereof
and other persons who reside in the vicinity of the Project and the entire City. No ownership interest in the
Property or any interest in any lease, sublease, license or sublicense of the Property shall be conveyed unless
the prospective recipient of such interest agrees in writing to assume all duties, obligations, and
responsibilities set forth in this Agreement.
City Right to Enforce. The right and power of the City to enforce the maintenance, repair and replacement
obligations of Owner shall not be deemed to arise by virtue of this Section 3 alone. Any provision of this
Agreement to the contrary notwithstanding, the City may, by public nuisance abatement proceeding, and/or
by the initiation of an action at law or in equity, notwithstanding this Section 3, enforce the law as relates to
the abatement or elimination of a public nuisance at the Property or enforce any provision or conditions of
approval of a building or development permit issued for the Property by the City. It shall be presumed that
the City is proceeding under the general municipal policy powers reserved to the City under this Section
3(C) if the City issues a written notice of "Maintenance Deficiency" as this term is defined in Section 3(D)
of this Agreement.
Notice of Maintenance Deficiencies. Upon any failure by Owner to perform any of the maintenance and
repair obligations referenced in Section 3(A) (such failure hereinafter referred to as a "Maintenance
Deficiency"), the City shall issue written notice of such Maintenance Deficiency to Owner, as provided in
Section 13 of this Agreement.
Maintenance Deficiencies. Owner shall comply with any issuance of a Notice of Maintenance Deficiency
within the timeframe specified by the Code Enforcement Division to cure the Maintenance Deficiency
identified in such Notice. Within the timeframe specified by the Code Enforcement Division in the notice
of a Maintenance Deficiency, Owner may submit a written request to the City seeking additional time to
cure the Maintenance Deficiency. Each such written request for additional time shall describe and specify
in detail (i) which tasks require additional time to complete the cure of the Maintenance Deficiency and the
reason why such additional time is needed under the circumstances; (ii) what steps Owner have already
taken to commence the cure of the Maintenance Deficiency. The City, in its reasonable discretion, may
grant, conditionally grant or deny any written request for additional time as determined by the Code
Enforcement Manager. The City shall be under no obligation to consider untimely submitted time extension
requests or requests which fail to provide any of the information required above.
Removal of Graffiti. Owner, on behalf of itself, its successor and assigns hereby further covenants and
agrees in favor of the City to keep the exterior surfaces of all structures, fixtures or other improvements
located on the Property free and clear of graffiti. Graffiti shall be removed within twenty-four (24) hours
following the time of its application. A failure by Owner to remove graffiti within twenty-four (24) hours
following its application on any structure, fixture or other improvement located on the Property shall be
deemed to be a Maintenance Deficiency for which no further notice under Section 3(D) needs to be given
by the City.
City May Cure Maintenance Deficiency.
In the event Owner fails to cure a Maintenance Deficiency within the time allowed, the City may initiate a
public hearing pursuant to Section 41-651 of the Santa Ana Municipal Code. At such a public hearing the
City shall consider such evidence and testimony of interested persons as may be relevant to the matter. If
upon the conclusion of a public hearing, the City makes a written finding that a Maintenance Deficiency
exists and that there appears to be non-compliance with the maintenance and repair obligations referenced
in Section 3(A) of this Agreement, the City shall have the right to record the notice described in Section 3(I)
of this Agreement and thereafter the City may enter upon or otherwise access the Property for the purpose
of curing the Maintenance Deficiency without further notice to Owner.
The foregoing notwithstanding, the City, without notice to Owner, shall have the right to enter the Property
and remove graffiti, solid waste, trash, or other debris under the following two circumstances: (i) a failure
by Owner to remove graffiti within twenty-four (24) hours following its application on any structure, fixture
or other improvement located on the Property that is visible from an adjacent or contiguous public right-of-
way; or (ii) a failure by Owner to remove the accumulation of solid waste, trash, or other debris that is visible
for a duration of twenty-four (24) hours from an adjacent or contiguous public right-of-way or from a
designated fire lane on the Property. Any sum expended by the City for the removal of graffiti, solid waste,
trash, or other debris pursuant to this Section 3(G)(2) of the Agreement shall become a lien on the Property
in accordance with Section 3(H) and the City shall have the right to enforce such lien in the manner provided
in Section 3(I).
City's Lien Authority. Any sums expended by the City in enforcing, maintaining, repairing or replacing,
curing any element of the Property of the Project as authorized in Section 3 for which a Maintenance
Deficiency has been declared by the City to exist under Section 3(G), shall become a lien on the Property.
The powers conferred upon City pursuant to this Section 3(H) are in addition to all other remedies which
the City may have to enforce this Agreement, or any building or development project permit under other law
including public nuisance abatement proceedings or any other action at law or equity.
Enforcement of Liens by the City.
The rights conferred upon the City by Owner under Section 3 of this Agreement expressly include the power
to establish and enforce a lien or other encumbrances against the Property or any portion thereof, subject to
all then existing other liens and encumbrances on the Property, in an amount reasonably necessary to
reimburse the City for its reasonable costs of the necessary and reasonable costs incurred by the City under
Section 3(G) to restore the Property and the Project to the maintenance standard required under this Section
3, including reasonable attorney's fees and costs of the prevailing party associated with the correction of the
Maintenance Deficiency in connection with such action. If the amount of any such lien as relates to a
Maintenance Deficiency is not paid within thirty (30) calendar days after written notice by the City to Owner,
demanding such payment, the City shall have the right to enforce its lien in accordance with the statutory
authority referenced under this Section 3(I)(1). The prevailing party in a collection or other lien enforcement
action authorized by this Section 3(I) shall also have the right to collect its reasonable attorney's fees, costs
and expenses associated with any action or proceeding to enforce or defend its rights hereunder.
In the event that the City makes a written finding that a Maintenance Deficiency exists on the Project as
provided in Section 3(G), then in addition its lien powers under Section 3(I)(1), the City may record a notice
of correction of Maintenance Deficiency be recorded against the Property. Such a notice of Maintenance
Deficiency shall refer to Section 3(G) of the Agreement, be signed by the Executive Director of the Planning
and Building Agency and shall have a duration following the date of its recordation until such date the
Maintenance Deficiency is corrected.
No approval by Owner shall be necessary for the City to establish and foreclose a lien for non-payment of
amounts expended by the City to cure a Maintenance Deficiency under Section 3 of this Agreement. No
failure by the City to enforce any default pertaining to the maintenance, repair or replacement of any element
of the Property or the Project under Section 3 shall be deemed to be a waiver of the right or power of the
City to enforce any subsequent default thereof by Owner.
Priority of City Ordinances and Other Laws. Notwithstanding any provision in this Agreement to the
contrary, the approval and acceptance of this Agreement by the City shall not be deemed a waiver or release
of any applicable provision of any building permit or other development project permit issued by the City
for the improvement of the Project on the Property, or of any other applicable ordinance or law or the general
police power of the City. In the event of any conflict or inconsistency between any provision hereof and
any ordinance, law, or the general police power of the City, the latter shall prevail.
TERMINATION of AGREEMENT. This Agreement shall terminate and be of no further force or effect
upon the mutual written termination of this Agreement by Owner and City.
LEGAL ADVICE. Each Party represents and warrants to the other the following: they have carefully read
this Agreement, and in signing this Agreement, they do so with full knowledge of any right which they may
have; they have received independent legal advice from their respective legal counsel as to the matters set
forth in this Agreement, or having knowingly chosen not to consult legal counsel as to the matters set forth
in this Agreement; and they have freely signed this Agreement without any reliance upon any agreement,
promise, statement, or representation by or on behalf of the other Party, or in their respective agents,
employees or attorneys, except as specifically set forth in this Agreement, and without duress or coercion,
whether economic or otherwise.
REPRESENTATION AND WARRANTIES OF OWNER.
Owner represents and warrants for the benefit and reliance for the City as follows:
Owner validly exists under the laws of the State of California and is authorized to conduct business in
California and is authorized to carry on its business being conducted as contemplated in this Agreement;
Owner has the power and authority to enter into this Agreement;
This Agreement shall be a legal, valid and binding obligation of Owner, enforceable against Owner and its
successors and assigns in interest in the Property, and each portion thereof, in accordance with its terms,
subject to bankruptcy and other equitable principles.
COVENANT OF OWNER. Owner declares that the Project and the Property shall be held, conveyed,
leased, used, and improved subject to the provisions of this Agreement and this Agreement is expressly
declared to be for the benefit of the Project and the Property and the abutting public rights -of -way. The
Property maintenance covenants of Owner in favor of the City which arises under this Agreement shall run
with and burden the Property and shall be binding upon all persons having or acquiring any right or title in
the Property, including any leasehold interest, or any part thereof, and the successors and assigns of each of
them, including Applicant.
TIME OF THE ESSENCE; TERM OF AGREEMENT. Time is expressly made of the essence with respect
to the performance by City and Owner of each and every obligation and condition of this Agreement.
ATTORNEY'S FEES. In addition to any other remedies provided herein or available under applicable laws,
if either Party to this Agreement commences an action against the other Party arising out of, or in connection
with this Agreement, the prevailing Party shall be entitled to recover from the losing Party its costs of suit,
including, but not limited to, its reasonable attorney's fees, expert witness fees, and costs of investigation.
INTEGRATION. This Agreement contains the entire understanding between the Parties relating to the
transaction contemplated by this Agreement, except as otherwise provided. All prior contemporaneous
agreements, understandings, representations and statements, oral or written, are merged in this Agreement
and shall be of no further force or effect. Each Party is entering into this Agreement based solely upon the
representations set forth herein and upon each Party's own independent investigation of any and all facts
such Party deems material. This Agreement constituted the entire understanding and agreement of the
Parties, notwithstanding any previous negotiations or agreements between the Parties or their predecessors
in interest with respect to all or any part of the subject matter hereof.
SEVERABILITY. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable
by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
AMENDMENT. No amendment, modification or supplement of this Agreement shall be valid or binding
unless executed in writing and signed by both Parties, subject to City approval. The requirement for written
amendments, modifications or supplements cannot be waived and any attempted waiver shall be void and
invalid.
NOTICES. All notices permitted or required under this Agreement shall be given to the respective Parties
at the following addresses, or at such other address as the respective Parties may provide in writing for this
purpose:
OWNER: CITY:
SANTA ANA PACIFIC City of Santa Ana
ASSOCIATES II, L.P Planning and Building Agency, M-20
430 E. State Street, Suite 100 PO Box 1988
Eagle, Idaho 83616 Santa Ana, CA 92702
Attn: Caleb Roope (714) 647-5804
PlanningDepartment@santa-ana.org
COUNTERPARTS. This Agreement shall be executed in three (3) original counterparts each of which shall
be of equal force and effect. One fully executed original counterpart shall be delivered to Owner and the
remaining two original counterparts shall be retained by the City.
[SIGNATURES APPEAR ON THE FOLLOWING PAGE]
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as evidenced by the
signatures of the authorized officers of each of them.
CITY OWNER
City of Santa Ana, a municipal SANTA ANA PACIFIC ASSOCIATES H, A
corporation CALIFORNIA LIMITED PARTNERSHIP,
a California limited partnership
By:
TPC Holdings VI, LLC,
By: / lCt G�
an Idaho limited liability company
Kristine Ridge
Its:
i ' trativ General Partner
City Manager
By:
;me:
• '
Caleb Roope
Title: Manager
By
Daisy Gomez
By:
Clerk of the Council
APPLICANT - Execution required by
Planning Commission Resolution No(s). 2018-
20 for Site Plan Review No. 2017-09
Aftb tE fkZ11U6j [AVb 0NVSW-T#3�
Name:
s 6✓a�Gl
Title: 1[/(aNhq FP
[NOTARIZED SIGNATURES REQUIRED]
or
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 Idaho
County of Ada
On 2 1-1 22 before me, Katie Callen, Notary Public personally appeared
l� P Vt2f2:L , who proved to me on the basis of satisfactory
evidence to be the person(s) who e 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 Idaho that the
foregoing paragraph is true and correct.
WITNESS my han and official seal.
Signature
(Seal)
Commissi n E ires: 7/8/2027
emu.
KATIE CALLEN
COMMISSION #85899
NOTARY PUBLIC
STATE OF IDAHO
MY COMMISSION IXPIRES 071OW2027
ACKNOWLEDGMENT
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 California
County of Los Angeles
On February 15, 2022
before me, Jacob Soroudi, Notary Public
(insert name and title of the officer)
personally appeared Alexis Gevorgian
who proved to me on the basis of satisfactory evidence to be the person(s) whose name 'is/
sykscribed to the within instrument and acknowledged to me that a he/they executed the same in
/their' authorized capacity(ies), and that by&her/their signature(z) on the instrument the
person(aj; or the entity upon behalf of which the perso*) 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
(Seal)
�`�;" • JA p p OUD!
°.•;.��: COMM. 2293852 0
Z� '�@8 c.•� NOTARY F'UBIIC CALIFORNW
�" '�' Los Angeles County
�''�"" �^�'. N1y,Canm Fxpims June 18, 2023 w
ACKNOWLEDGMENT
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 California
County of Orange )
On March 8. 2022 before me Yesenia Cruz, Notary Public
(insert name and title of the officer)
personally appeared Kristine Ridge who proved to me on the basis of satisfactory evidence to be
the er o�whose name is /subs ribed tothe within instrument and cknowledged to me
that /she/th executed same in s/her/t r authorized capacity(�nd that by � er/ Ir
signature n the instrument the personfo, or the entity upon behalf o which the persp<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.
YESENIACROZ
Notary Public - California
" Orange County
Commission M 2243542
My Comm. Expires May 27, 2022
(Seal)
Attachment "A"
Legal Description of the Property
All that certain real property situated in the County of Orange, State of California, described as
follows:
All that certain real property situated in the County of Orange, State of California, described as follows:
PARCEL A:
PARCEL 1
THAT CERTAIN PARCEL OF LAND BEING A PORTION OF LOT "D" OF THE STAFFORD AND TUSTIN TRACT,
RECORDED IN BOOK 2, PAGE 618, OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, IN THE
OFFICE OF THE ORANGE COUNTY RECORDER MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF LOT "D" OF THE STAFFORD AND TUSTIN TRACT, IN THE
CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK
2, PAGES 618 THROUGH 619, OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, THENCE WEST
ALONG THE SOUTH SIDE OF FIRST STREET, 417.75 FEET OF A POINT; THENCE SOUTH 733.36 FEET TO A
POINT; THENCE EAST 417.75 FEET TO THE EAST LINE OF SAID LOT "D'; AND THENCE NORTH 733.36 FEET
TO THE POINT OF BEGINNING.
EXCEPT THEREFROM THE NORTHERN NINETEEN (19.00) FEET, AS CONVEYED TO THE CITY OF SANTA
ANA, A MUNICIPAL CORPORATION, IN A DOCUMENT RECORDED DECEMBER 22, 1965 IN BOOK 7781, PAGE
486 OFFICIAL RECORDS.
ALSO EXCEPTING THEREFROM THE SOUTHERN 275 FEET.
PARCEL 2:
A DRAINAGE EASEMENT FOR DISCHARGING WATER FROM THE EAST 417.75 FEET OF THE NORTH 733.36
FEET OF LOT "D" OF THE STAFFORD AND TUSTIN TRACT AS PER MAP THEREOF RECORDED IN BOOK 2,
PAGES 618 AND 619 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, BY MEANS
OF UNDERGROUND PIPELINES, WITH THE RIGHT TO LAY, PLACE, USE, MAINTAIN, ALTER, ADD TO, REPAIR,
REPLACE AND/OR REMOVE SAID PIPELINES, ALONG THE FOLLOWING DESCRIBED REAL PROPERTY:
PARCEL (A):
THE SOUTH FIVE (5.00) FEET OF THAT CERTAIN REAL PROPERTY IN THE RANCHO SANTIAGO DE SANTA
ANA, IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS: COMMENCING AT THE
NORTHWEST CORNER OF LOT "D" OF THE STAFFORD AND TUSTIN TRACT AS PER MAP RECORDED IN
BOOK 2, PAGE 618 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA; THENCE EAST
ON THE NORTH LINE OF SAID LOT "D" 225.75 FEET TO A POINT, A STONE OVER A BRICK BEING SET IN THE
GROUND 3 INCHES EAST OF SAID POINT; THENCE SOUTH 733.36 FEET TO A POINT, A STONE SET OVER A
BRICK BEING SET IN THE GROUND 3 INCHES WEST OF SAID POINT; THENCE WEST 225.75 FEET TO THE
WEST LINE OF SAID LOT "D'; THENCE NORTH 733.36 FEET TO THE POINT OF BEGINNING.
PARCEL (B):
THE WEST SIX (6.00) FEET OF THAT CERTAIN REAL PROPERTY IN THE RANCHO SANTIAGO DE SANTA
ANA, IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA., DESCRIBED AS: A PORTION OF THE SOUTH
HALF OF LOT "D" OF THE STAFFORD AND TUSTIN TRACT, AS SHOWN ON A MAP RECORDED IN BOOK 2,
PAGES 618 AND 619, MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE NORTH LINE OF THE COUNTY ROAD KNOWN AS MAIN STREET, SAID
POINT BEING ALSO THE SOUTHEAST CORNER OF SAID LOT "D'; THENCE NORTH ALONG THE EASTERLY
LINE OF SAID LOT "D", 501.13 FEET; THENCE WEST 9.75 CHAINS TO THE WEST LINE OF SAID LOT "D";
Order No: 9170197C-917-CGS-KRE
THENCE SOUTH 501.5 FEET TO THE NORTH LINE OF MAIN STREET; THENCE EAST 9.75 CHAINS TO THE
POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION OF SAID LAND DESCRIBED IN A DOCUMENT TO LEROY G.
CONNELLY AND WIFE, RECORDED DECEMBER 3, 1954, IN BOOK 2887, PAGE 120, OFFICIAL RECORDS.
ALSO EXCEPTING THEREFROM THAT PORTION OF SAID LAND DESCRIBED IN A DOCUMENT TO THE
STATE OF CALIFORNIA, RECORDED NOVEMBER 17, 1955, IN BOOK 3285, PAGE 542, OFFICIAL RECORDS.
PARCEL3:
A NON-EXCLUSIVE EASEMENT FOR THE LIMITED PURPOSES OF PEDESTRIAN, VEHICULAR AND MULTI -
MODAL INGRESS, EGRESS, PASSAGE AND TRAFFIC FOR RESPONDING TO OR EVACUATING FROM ANY
EMERGENCY SITUATION OR EVENT, AS GRANTED IN THAT CERTAIN "EMERGENCY ACCESS EASEMENT
AGREEMENT, RECORDED NOVEMBER 9, 2018, AS INSTRUMENT NO.2018000406829, OFFICIAL RECORDS,
SUBJECT TO THE TERMS AND CONDITIONS AS SET FORTH THEREIN.
PARCEL 4:
A NON-EXCLUSIVE EASEMENT BY AND BETWEEN SANTA ANA PACIFIC ASSOCIATES, A CALIFORNIA
LIMITED PARTNERSHIP AND SANTA ANA PACIFIC ASSOCIATES II, A CALIFORNIA LIMITED PARTNERSHIP,
FOR THE LIMITED PURPOSES OF PEDESTRIAN, VEHICULAR AND MULTI -MODAL INGRESS AND EGRESS,
PASSAGE, TRAFFIC AND PARKING, AS SET FORTH IN THAT CERTAIN "RECIPROCAL EASEMENT
AGREEMENT" RECORDED NOVEMBER 9, 2018 AS INSTRUMENT NO. 2018000406834, OFFICIAL RECORDS ,
SUBJECT TO THE TERMS AND CONDITIONS AS SET FORTH THEREIN.
PARCEL B
PARCELI
THE SOUTHERN 275 FEET OF THAT CERTAIN PARCEL OF LAND BEING A PORTION OF LOT "D" OF THE
STAFFORD AND TUSTIN TRACT, RECORDED IN BOOK 2, PAGE 618, OF MISCELLANEOUS RECORDS OF LOS
ANGELES COUNTY, IN THE OFFICE OF THE ORANGE COUNTY RECORDER MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF LOT "D" OF THE STAFFORD AND TUSTIN TRACT, IN THE
CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK
2, PAGES 618 THROUGH 619, OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, THENCE WEST
ALONG THE SOUTH SIDE OF FIRST STREET, 417.75 FEET OF A POINT; THENCE SOUTH 733.36 FEET TO A
POINT; THENCE EAST 417.75 FEET TO THE EAST LINE OF SAID LOT "D'; AND THENCE NORTH 733.36 FEET
TO THE POINT OF BEGINNING.
EXCEPT THEREFROM THE NORTHERN NINETEEN (19.00) FEET, AS CONVEYED TO THE CITY OF SANTA
ANA, A MUNICIPAL CORPORATION, IN A DOCUMENT RECORDED DECEMBER 22, 1965 IN BOOK 7781, PAGE
486 OFFICIAL RECORDS.
PARCEL 2
A DRAINAGE EASEMENT FOR DISCHARGING WATER FROM THE EAST 417.75 FEET OF THE NORTH 733.36
FEET OF LOT "D" OF THE STAFFORD AND TUSTIN TRACT AS PER MAP THEREOF RECORDED IN BOOK 2,
PAGES 618 AND 619 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, BY MEANS
OF UNDERGROUND PIPELINES, WITH THE RIGHT TO LAY, PLACE, USE, MAINTAIN, ALTER, ADD TO, REPAIR,
REPLACE AND/OR REMOVE SAID PIPELINES, ALONG THE FOLLOWING DESCRIBED REAL PROPERTY:
PARCEL (A)
Order No: 9170197C-917-CGS-KRE
THE SOUTH FIVE (5.00) FEET OF THAT CERTAIN REAL PROPERTY IN THE RANCHO SANTIAGO
DE SANTA ANA, IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS:
COMMENCING AT THE NORTHWEST CORNER OF LOT "D" OF THE STAFFORD AND TUSTIN
TRACT AS PER MAP RECORDED IN BOOK 2, PAGE 618 OF MISCELLANEOUS RECORDS OF LOS
ANGELES COUNTY, CALIFORNIA; THENCE EAST ON THE NORTH LINE OF SAID LOT "D" 225.75
FEET TO A POINT, A STONE OVER A BRICK BEING SET IN THE GROUND 3 INCHES EAST OF SAID
POINT; THENCE SOUTH 733,36 FEET TO A POINT, A STONE SET OVER A BRICK BEING SET IN
THE GROUND 3 INCHES WEST OF SAID POINT; THENCE WEST 225.75 FEET TO THE WEST LINE
OF SAID LOT "D'; THENCE NORTH 733.36 FEET TO THE POINT OF BEGINNING.
PARCEL (B):
THE WEST SIX (6.00) FEET OF THAT CERTAIN REAL PROPERTY IN THE RANCHO SANTIAGO
DE SANTA ANA, IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA., DESCRIBED AS: A
PORTION OF THE SOUTH HALF OF LOT "D" OF THE STAFFORD AND TUSTIN TRACT, AS SHOWN
ON A MAP RECORDED IN BOOK 2, PAGES 618 AND 619, MISCELLANEOUS RECORDS OF LOS
ANGELES COUNTY, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE NORTH LINE OF THE COUNTY ROAD KNOWN AS MAIN
STREET, SAID POINT BEING ALSO THE SOUTHEAST CORNER OF SAID LOT "D'; THENCE NORTH
ALONG THE EASTERLY LINE OF SAID LOT "D", 501.13 FEET; THENCE WEST 9.75 CHAINS TO
THE WEST LINE OF SAID LOT "D"; THENCE SOUTH 501.5 FEET TO THE NORTH LINE OF MAIN
STREET; THENCE EAST 9.75 CHAINS TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION OF SAID LAND DESCRIBED IN A DOCUMENT TO LEROY
G. CONNELLY AND WIFE, RECORDED DECEMBER 3, 1954, IN BOOK 2887, PAGE 120, OFFICIAL
RECORDS.
ALSO EXCEPTING THEREFROM THAT PORTION OF SAID LAND DESCRIBED IN A DOCUMENT
TO THE STATE OF CALIFORNIA, RECORDED NOVEMBER 17, 1955, IN BOOK 3285, PAGE 542,
OFFICIAL RECORDS.
PARCEL 3:
A NON-EXCLUSIVE EASEMENT FOR THE LIMITED PURPOSES OF PEDESTRIAN, VEHICULAR AND
MULTI- MODAL INGRESS, EGRESS, PASSAGE AND TRAFFIC FOR RESPONDING TO OR
EVACUATING FROM ANY EMERGENCY SITUATION OR EVENT, AS GRANTED IN THAT CERTAIN
"EMERGENCY ACCESS EASEMENT AGREEMENT, RECORDED NOVEMBER 9, 2018, AS
INSTRUMENT NO. 2018000406829, OFFICIAL RECORDS, SUBJECT TO THE TERMS AND
CONDITIONS AS SET FORTH THEREIN.
PARCEL 4:
A NON-EXCLUSIVE EASEMENT BY AND BETWEEN SANTA ANA PACIFIC ASSOCIATES, A
CALIFORNIA LIMITED PARTNERSHIP AND SANTA ANA PACIFIC ASSOCIATES II, A CALIFORNIA
LIMITED PARTNERSHIP, FOR THE LIMITED PURPOSES OF PEDESTRIAN, VEHICULAR AND
MULTI -MODAL INGRESS AND EGRESS, PASSAGE, TRAFFIC AND PARKING, AS SET FORTH IN
THAT CERTAIN "RECIPROCAL EASEMENT AGREEMENT" RECORDED NOVEMBER 9, 2018, AS
INSTRUMENT NO. 2018000406834 OFFICIAL RECORDS, SUBJECT TO THE TERMS AND CONDITIONS
AS SET FORTH THEREIN.
Assessor's Parcel Number: 402-191-01; -02 & -04
Order No: 9170197C-917-CG8-KRE