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HomeMy WebLinkAboutORANGE, COUNTY OF (57)INSURANCE NOT REQUIRED �. A-2022-197 WORK iNAY PROCEED CLERK OF COUNCIL DATE: AGREEMENT FOR THE EXCHANGE OF REAL PROPERTY ). PWfr 0 (f-hPht0s)1 This AGREEMENT FOR THE EXCHANGE OF REAL PROPERTY ("Agreement's, dated as of Nji 1 Zb 2023, is entered into by and between the CITY OF SANTA ANA, a California municipal corporation ("City"), and COUNTY OF ORANGE, a political subdivision c of the State of California ("County"). County and City are sometimes referred to in this Agreement individually as "Party' or collectively as "Parties." a RECITALS A. County is the fee simple owner of that certain real property located in the City of Santa Ana, County of Orange, State of California, including, but not limited to, land, structures, and vertical assets, as more particularly described in Exhibit A, attached hereto, and incorporated herein by reference ("County Property'). B. City is the fee simple owner of and holds certain interests in that certain real property located in the City of Santa Ana, County of Orange, State of California, including, but not limited to, land, structures, and vertical assets, as more particularly described in Exhibit B, attached hereto, and incorporated herein by reference ("City Property"). C. City desires to exchange the City Property (as more particularly defined in Section 1.2 below) for the County Property (as more particularly defined in Section 1.1 below) and County desires to exchange the County Property for the City Property, pursuant to the terms and conditions of this Agreement. D. As used herein, the terms County Property and City Property may hereinafter be referred to from time to time collectively as the "Properties." AGREEMENT NOW, THEREFORE, based upon the foregoing facts, in consideration of the mutual covenants and agreements contained in this Agreement, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows: 1. Property Exchange. Upon the satisfaction or waiver of all of the conditions precedent to the Closing set forth in Section 5 below, as of Closing, (a) City shall acquire the County Property from County, and (b) County shall acquire the City Property from City (the "Exchange"). 1.1 County Property. County Property shall include all of the following: 1.1.1 Land. Fee simple interest in the real property described on Exhibit A hereto, including, but not limited to, land, structures, and vertical assets located on or under the real property. 1.1.2 Appurtenances. All rights, privileges and easements currently held by County which are appurtenant to the County Property, including, without limitation all vertical Project Name: Septa Ma Property Exchange assets including the parking structure and improvements located therein, rigbts-of-way or appurtenances used in connection with the beneficial use and enjoyment of the County Property. 1.2 City Properiv. City Property shall include all of the following; 1.2.1 Land. Fee simple interest in the real property described on Exlu'bit B hereto, including, but not limited to, land, structures, and vertical assets located on or under the real property. 1.2.2 A�rurtenances. All rights, privileges and easements dedicated to City which are appurtenant to the City Property, including, without limitation, all vertical assets including the parking structure and improvements located therein constructed at "Site 2" as part of the "Phase 1 Facilities" pursuant to that certain Development Agreement between the Parties dated December 15, 1987 and any of its subsequent amendments or modifications (collectively "1987 Development Agreement"), rights -of -way or appurtenances used in connection with the beneficial use and enjoyment of the City Property. 2. Title and Closing. 2.1 Exchange. The Exchange shall be performed by the Parties, subject to the requirements set forth below. 2.2 Title Comnanv. Title policies issued for the benefit of the City with respect to the County Property and the County with respect to the City Property, in connection with the Exchange shall be issued by Fidelity National Title National Commercial & Builder Services (the "Title Company"). 2.3 Definition of Closing. For purposes of this Agreement, the term "Closing" shall mean the time when the Title Company shall have recorded the County Deed (as defined below), and the City Deed (as defined below), as set forth in Section 6.4 below. 3. County's A_}) royal of Condition fo Titlefte Diligence. 3.1 County's Review of Condition ofTitle. Prior to the Effective Date, County has received and reviewed that certain First Amended Preliminary Title Report Order No. 00175931-994-LT2-1TW dated April 14, 2022 (the "Preliminary Title Report"), covering the City Property and County Property issued by Chicago Title Company, a copy of which is attached hereto as Exhibit C. County hereby acknowledge¢ that County has approved those exceptions listed in Schedule B ofthe Preliminary Title Report affecting the City Property identified as Parcel A therein. Those exceptions which County has approved on the Preliminary Title Report are hereinafter referred to as the "City Permitted Exceptions." The City Permitted Exceptions shall exclude any delinquent taxes or any taxes due and payable prior to the Closing and any other monetary liens or encumbrances on the City Property. 3.2 CitY Titg_Isurance Policy. At the option of County, and upon County's specific request, at the Closing and as a condition thereto, the Title Company shall issue to County a policy of title insurance (the "City Title Policy") as to all or any part of the City Property, containing the terms and provisions set forth in this Section 3.2. The City Title Policy shall be a CLTA Owner's Policy (1987 Policy Form) in an amount determined by County, showing fee Project Km . Sa U Am Property Hxchmp simple title to the City Property vested in County, subject only to non -delinquent taxes and assessments, the City Permitted Exceptions, and such other matters as to which County may consent in writing. The premium for the City Title Policy and any costs in connection with the search and examination of title and/or for the issuance of the City Preliminary Title Report shall be paid by County. The City Title Policy shall be issued without reliance on any indemnity of City or any third party to induce Title Company to issue the City Title Policy, and the prior written consent of County shall not be required. If County so elects and the Title Company agrees, the City Title Policy may include such endorsements as County may reasonably request; provided however that all such endorsements shall be issued at County's sole cost and expense. In addition, if County so elects and the Title Company agrees to issue an ALTA Extended Coverage Owner's Policy (2006 Form), the "City Title Policy" as defined above shall be an ALTA rather than a CLTA policy, with all other elements remaining the same; provided however that such extended ALTA coverage and any costs in connection with such extended ALTA coverage shall be issued at Couniy's sole cost and expense. 3.3 County Due Di Pttence. County shall have the right to perform due, diligence, at County's sole expense, to investigate the suitability of the City Property for its intended uses, which may include, but is not limited to, environmental testing, review for conformity with State law and local codes, and review with State and local officials regarding use of the City Property ("Due Diligence"). The Due Diligence period shall be for a period of time mutually agreed upon by the Parties, whose agreement shall not be unreasonably withheld, but shall in no event be longer than sixty (60) days, except as provided in Section 6.1.2 below ("Due Diligence Period"). County may enter upon the City Property for purposes of Due Diligence. County shall indemnify and hold harmless City from and against any and all claims, liabilities, losses, damages, costs and expenses (including, but not limited to, reasonable attorneys' fees, court costs and litigation expenses) caused by or arising out of the County's actions on the City Property during the Due Diligence Period. County shall have the absoluie right during the Due Diligence Period to terminate the proposed Exchange for any reason whatsoever without constituting a default under this Agreement. 4. C' 's A rove/ of Condition of Title/Due,Dile. 4.1 Ci, tv's Review of Condition of Title. Prior to the Effective Date, the City has received and reviewed that certain First Amended Preliminary Title Report order No, 00 1 75931-994-LT2-1 TW dated April 14, 2022 (the "Preliminary Title Report"), covering the City Property and County Property issued by Chicago Title Company, a copy of which is attached hereto as Exhibit C. City hereby acknowledges that City has approved those exceptions listed Schedule B of the Preliminary Title Report affecting the County Property identified as Parcel B and C therein. Those exceptions which City has approved on the Preliminary Title Reports are hereinafter referred to as the "County Permitted Exceptions." The County Permitted Exceptions shall exclude any delinquent taxes or any taxes due and payable prior to the Closing and any other monetary liens or encumbrances on the County Property. 4.2 County Title Insurance P to icy. At the option of the City, and upon the City's specific request, at the Closing and as a condition thereto, the Title Company shall issue to City policies of title insurance (collectively, the "County Title Policy") as to all or part of the County Property, containing the terms and provisions set forth in this Section 4.2. The County Title Policy shall be CLTA Owner's Policies (1987 Policy Form) in an amount determined by the City, showing fee simple title to the County Property vested in City, subject only to non -delinquent Project Name: Santa An Propeny Ex 6®ge taxes and assessments, the County Permitted Exceptions, and such other matters as to which City may consent in writing. The premium for the Comity Title Policy and any costs in connection with the search and examination of title and/or for the issuance of the County Preliminary Title Report shall be paid by the City. The County Title Policy shall be issued without reliance on any indemnity of County or any third party to induce Title Company to issue the County Title Policy, and prior written consent of City shall not be required. If City so elects and the Title Company agrees, the County Title Policy may include such endorsements, respectively and as applicable, as City may reasonably request; provided however that all such endorsements shall be issued at City's sole cost and expense. In addition, if City so elects and the Title Company agrees to issue one or more ALTA Extended Coverage Owner's Policies (2006 Form), the County Title Policy as defined above shall be an ALTA rather than CLTA policy, respectively and as applicable, with all other elements remaining the same; provided however that such extended ALTA coverage and any costs in connection with such extended ALTA coverage shall be issued at City's sole cost and expense. 4.3 City Due Dili ence City shall have the right to perform Due Diligence, at City's sole expense, to investigate the suitability of the Comity Property for its intended uses. The Due Diligence Period shall be for a period of time mutually agreed upon by the Parties, whose agreement shall not be unreasonably withheld, but shall in no event be longer than sixty (60) days, except as provided in Section 6.1.2 below. City may enter upon the County Property for purposes of Due Diligence, City shall indemnify and hold harmless County from and against any and all claims, liabilities, losses, damages, costs and expenses (including, but not limited to, reasonable attorneys' fees, court costs and litigation expenses) caused by or arising out of the City's actions on the County Property during the Due Diligence Period. City shall have the absolute right during the Due Diligence Period to terminate the proposed Exchange for any reason whatsoever without constituting a default under this Agreement. 5. Conditions Precedent to Closin,. 5.1 CouMCs Conditions. Each of the following shall constitute a condition Precedent to the obligations of County to effectuate the Closing and may be waived only by a written waiver executed by County and delivered to City: 5.1.1 Documents. The applicable documents described in Section 6.3.2 below shall have been delivered to County by City. 5.1.2 Tie o c : If requested by County, the Title Company shall be irrevocably committed to issue the City Title Policy upon the Closing. 5.1.3 Acceptance of Pro er , The County shall be satisfied, after reviewing Title and otherwise conducting Due Diligence as provided in Section 3.3, that the City Property is suitable for its intended uses and acceptable to County. Should County fail to terminate the Exchange within the Due Diligence Period as provided in Section 3.3, the City Property shall be deemed suitable and acceptable to County. 5.1.4 No Material Chance As of the Closing, there shall be no material change in the City Properly that would materially impair County's use or development of the City Property. PmjeetName: Santa Ana Pmperty Exci mp 5.1.5 Representations and Warranties. All of City's representations and warranties as set forth herein shall be true as of the Closing. 5.1.6 No Default. City shall not be in material default hereunder. If County does not give City written notice of City's default, for purposes of this Section 5.1.6 only, City shall be deemed not to be in default hereunder, and the Parties shall proceed with the Closing as though City were not in default. County's failure to give such notice to City shall not excuse perfonm nce by City of any obligation hereunder, 5.2 City's Conditions, Each of the following shall constitute a condition precedent to the obligations of City to effectuate the Closing and may be waived only by a written waiver executed by City and delivered to County: 5.2.1 Documents. Copies of the applicable documents described in Section 6.3.1 below shall have been delivered to City by County. 5.2.2 Title Policy. If requested by City, the Title Company shall be irrevocably committed to issue the County Title Policy upon the Closing. 5.2.3 Acceptance of Pmpgdy. The City shall be satisfied, after reviewing Title and otherwise conducting Due Diligence as provided in Section 4.3, that the County Property is suitable for its intended uses and acceptable to the City. Should the City fail to terminate the Exchange within the Due Diligence Period as provided in Section 4.3, the County Property shall be deemed suitable and acceptable to the City. 5.2.4 No Material Change. As of the Closing, there shall be no material change in the County Property that would materially impair City's use or development of the County Property. 5.2.5 Representations and Warranties. All of County's representations and warranties as set forth herein shall be true as of the Closing. 5.2,6 No Default County shall not be in material default hereunder. If City does not give County written notice of County's default, for purposes of this Section 5.2.6 only, County shall be deemed not to be in default hereunder, and the Parties shall proceed with the Closing as though County were not in default. City's failure to give such notice to County shall not excuse performance by County of any obligation hereunder. 6. Closing or Cancellation of Closing. 6.1 Closing.Date. 6.1.1 Provided that this Agreement is not earlier terminated pursuant to the terms and provisions hereof and provided that all of the conditions precedent to the Closing have been satisfied or waived, the Parties agree that the Closing shall occur on or before May 31, 2023 (the "Closing Date"), unless extended as described in Section 6.1.2; provided however, that in no event shall the Closing Date be later than June 30, 2023 ("Outside Date'D. By effectuating the closing, the Parties shall be deemed to have irrevocably committed to cause the Title Company to issue any requested County Title Policy and City Title Policy. Project Name: Sank Am Pmpc* Exchange 6.1.2 In the event that either Party believes it is necessary to extend the Closing Date in order to conduct additional Due Diligence as described in Sections 3 or 4, above, as applicable, that Party shall have the right to unilaterally extend the Closing Date by ten (10) days by providing written notice to the other Party before the Closing Date. Each Party shall only be entitled to one unilateral extension. The Parties may subsequently extend the Closing Date only by written agreement of both Patties, except that in no event shall the Closing Date be later than the Outside Date without the written agreement of both Parties. 6.1.3 In the event that the Closing fails to occur by the Outside Date, and neither Party is in default of its obligations hereunder, then the Party for whose benefit the non - satisfied condition exists may cancel the Closing by written notice to the other Party. In the event that, due to an `Event of Default" by a "Defaulting Party" (as the terms are defined in Section 8.1 below), the Closing fails to occur by the Outside Date, then without waiving any rights or remedies which the non -Defaulting Party may have against the Defaulting Party under Section 8 of this Agreement, the non -Defaulting Party may cancel the Closing upon written notice to the Defaulting Party. In the event that the non -Defaulting Party elects not to terminate this Agreement, then the non -Defaulting Party may pursue the remedies for such Event of Default as provided in Section 9 below. 6.2 Cancellation. 6.2.1 If, for any reason, the Closing is cancelled pursuant to Section 6.1.3 above, each Party shall return to the other Party delivering the same, all instruments which are then hold by the Party in connection with the Exchange. 6.2.2 If the Closing is cancelled pursuant to Section 6.1.3 above and neither Party is in default of its obligations hereunder, this Agreement shall be deemed to be terminated (with the exception of those provisions which expressly state that they are to survive such termination). hi such event, neither Party shall be obligated to the other to effectuate the Closing. 6.3 tMa to be DeHvered Prior o ClosiAg, 6.3.1 Coun . On orbefore one (1) business day prior to the Closing Date, County shall execute and provide City with a copy of the following: (a) The quitclaim deed conveying fee simple title of the County Property to the City ("County Dee(r"), in substantially the form of Exhibit D attached hereto; (b) Such other documents as may be reasonably required by Title Company in order to issue the County Title Policy, if requested by the City, or otherwise required to transfer the County Property to City in accordance with the terms of this Agreement. 6.3.2 Q! . On or before one (1) business day prior to the Closing Date, City shall execute and provide County with a copy of the following: (a) The quitclaim deed conveying fee simple title of the City Property to the County ("City Deed"), in substantially the form of xhi i E attached hereto; PwjwtNa aaofa Am Pwp" Bxchmp (b) Such other documents as may be reasonably required by Title Company in order to issue the City Title Policy, if requested, or otherwise required to transfer the City Property to County in accordance with the terms of this Agreement. 6.4 ClosinL Instructions. At such time as the conditions precedent to the Closing have been satisfied or waived, City shall: 6.4.1 Collate the counterparts of the Exchange Agreement into two fully executed counterparts; 6.4.2 Date, as of the Closing, all instruments calling for a date; 6.4.3 Record the City Deed, and the County Deed in the Official Records of Orange County, California ("Official Records"); 6.4.4 D liv to City the County Title Policy, and to County the City Title Policy, if so requested. 6.5 Post -Closing Matters. After the Closing the City shall deliver the following: 6.5.1 To Citv: A copy, as recorded, of the deed for the County Property. 6.5.2 To County: A copy, as recorded, of the deed for the City Property, 6.5.3 jQ—Qgu—n_ty Counsel. Counsel for County: Copies of all documents to be delivered to City pursuant to Section 6.5.1 above. 6.5A To City Attorney, Counsel for City: Copies of all documents to be delivered to County pursuant to & ion k 2 above. Costs and Prorations. 7.1 Pr ma 'on . The Parties shall prorate all non -delinquent real property taxes and assessments, as applicable, as to the County Property between City and County as of the Closing based upon a 365-day year and based upon the latest available tax bill. The Parties agree that if such proration is inaccurate because the latest available tax bill does not represent the taxes actually assessed, then the Parties will, as soon as tax bills actually covering the period during which the Closing takes place are available, make such further adjustments as may be appropriate so that each Party shall have home all taxes allocable to the period during which it was the owner of its respective property. 7.2 Title and Other Costs. 7.2.1 County shall pay the premium for the City Title Policy, if such policy is requested by the County, and City shall pay the premium for the County Title Policy, if such policy is requested by City. 7.2.2 City shall pay documentary transfer taxes, if any, as specified on the Documentary Transfer Tax Statement. Projt4N=v. Santa Ana Pm "Exchange 8. Representations and Warranties Coven. 8.1 Counri's Representations and Warranties. As a material inducement to City to enter into this Agreement, County makes the following covenants, representations and warranties to City set forth in this Section 8.1 as of the date hereof and as of the Close of the Closing. 8.1.1 Property Owner. County is the owner of the County Property and has the right, power and authority to transfer the same to City pursuant to this Agreement. 8.1.2 Countf s Authority to Execute A g en . County is a political subdivision of the State of California. Neither the execution and delivery of this Agreement nor the performance or consummation of the transactions contemplated by this Agreement will result in any breach of or constitute a default under or conflict with any agreement, covenant, law, regulation, ordinance, or obligation binding upon County. No approvals, authorizations, or consents of any separate public body or of any person are necessary in connection herewith. County has the legal right, power and authority to enter into this Agreement and all documents, instruments or agreements referenced herein to be executed by County, and to consummate the transaction contemplated hereby. All individuals executing this Agreement and all other documents, instruments or agreements required hereunder, on behalf of County, have the legal right, power and actual authority to bind County to the terms and conditions hereof and thereof. 8.1.3 Compliancewith Law. County has no knowledge and has received no notice (i) that the County Property is in violation of any applicable statutes, ordinances, and regulations, including those relating to environmental and health and safety requirements including those governing the storage, discharge, use and cleaning of toxic or hazardous substances and materials; (ii) of any presently pending or threatened action or proceeding under any environmental or health and safety statutes, ordinances, or regulations; or (iii) of the existence of any present or pending order or directive of any city, county, state, or federal authority, or any agency thereof, requiring that any work or repair, maintenance, improvement, or pollution or contamination abatement be performed on the County Property. U A ,No Liti, �afion. There are no actions, claims, suits, or proceedings of any kind or nature whatsoever, legal or equitable, pending or, to the best of County's knowledge, threatened against County or the County Property or relating to or arising out of the ownership, management, condition, or operation of the County Property, in any court or before or by any federal, state, county or municipal department, commission, board, bureau, agency, or other governmental instrumentality, 8.1.5 No Mechanic's Liens. No work has been done upon, or materials delivered to, the County Property by or at the request of County, or with County's knowledge, which is not fully paid for, nor, to the best of County's knowledge, does any person, firm or corporation now have, nor, to the best of County's knowledge, will it have upon the giving of any notice or passage of time or otherwise, any mechanic's or materiahnan's lien rights with respect to the County Property or any part or parcel thereof. 8.1.6 No Adverse Agreements. There are no adverse possessors, tenancies or occupancy agreements affecting possession of the County Property, or any portion thereof, except as disclosed in this Agreement, nor has any option to purchase the County Property, Pm1mt Name: Sam Ana Property nxelmW or any portion thereof, been granted by County to any party. No party (other than the City pursuant to this Agreement) has the right to acquire the County Property. 8,1.7 No Bankruptck Proceedings. County is not the subject of a bankruptcy, insolvency, or similar proceeding. 8.1.8 Environmental Status. In accordance with California Health and Safety Code Section 25359.7, County warrants and represents to City that it is not aware that any release of Hazardous Materials has come to be located upon or under the County Property. Neither County nor, to the actual knowledge of County, without duty of inquiry, any third parties during the period of time the County Property has been owned by County have generated, handled, manufactured, stored, used, transported or discharged any Hazardous Materials on, in or under the County Property, the groundwater or any adjacent property, County is not aware of any underground storage tanks located on or under the County Property. As used herein, the tern "Hazardous Materials" shall mean any toxic or hazardous substance, material or waste or any pollutant or contaminant or infectious or radioactive material, including but not limited to those substances, materials or wastes regulated now or in the future under any of the following statutes or regulations promulgated thereto: (1) any "hazardous substance" within the meaning of the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended ("CERCLA") 42 U.S.C. §9601, et seq. or the California Hazardous Substance Account Act, Cal. Health and Safety Code §25300 et seq. or the Porter -Cologne Water Quality Act, Cal. Water Code §13000 et seq. or the Hazardous Materials Transportation Act, 49 U.S.C. §1801, at seq.; (2) any "hazardous waste" within the meaning ofthe Resource Conservation and Recovery Act, 42 U.S.C. §6901 et seq.; or (3) any other substance, chemical, waste, toxicant, pollutant or contaminant regulated by any federal, state or local law, statute, rule, regulation or ordinance for the protection of health or the environment, including, without limitation, any petroleum products or fractions thereof. 8.1.9 AS -IS. County acknowledges that County has inspected the City Property and made its own independent investigation of the City Property. County further acknowledges that' it is acquiring the City Property "AS -IS," in reliance solely on its own inspection of the City Property and on City's representations and warranties as set forth herein. City acknowledges it is conveying the land, structures, and vertical assets to the County. 8.2 City's Reprgcentations an$ Warranties. As a material inducement to County to enter into this Agreement, City makes the following covenants, representations and warranties to County set forth in this Section 8.2 as of the date hereof and as of the Closing, 8.2.1 Ero,�rty-Owner and Property bgems . City is the ownero£the City Property and has the right, power and authority to transfer the same to County pursuant to this Agreement. 8.2.2 City's Authorby tto Execute Agreement. City is a duly organized, validly existing municipal corporation organized and existing under the laws of the State of California. Neither the execution and delivery of this Agreement nor the performance or consummation of the transactions contemplated by this Agreement will result in any breach of or constitute a default under or conflict with any agreement, covenant, law, regulation, ordinance, or obligation binding upon City. No approvals, authorizations, or consents of any separate public body or of any person are necessary in connection herewith. City has the legal right, power and Project Name: Smta AmPropeAY Exchange authority to enter into this Agreement and all documents, instruments or agreements referenced herein to be executed by City, and to consummate the transaction contemplated hereby. All individuals executing this Agreement and all other documents, instruments or agreements required hereunder, on behalf of City, have the legal right, power and actual authority to bind City to the terms and conditions hereof and thereof. 8.2.3 Comtliance with Law. City has no knowledge and has received no notice (i) that the City Property is in violation of any applicable statutes, ordinances, and regulations, including those relating to environmental and health and safety requirements including those governing the storage, discharge, use and cleaning of toxic or hazardous substances and materials; (ii) of any presently pending or threatened action or proceeding under any environmental or health and safety statutes, ordinances, or regulations; or (iii) of the existence of any present or pending order or directive of any city, county, state, or federal authority, or any agency thereof, requiring that any work or repair, maintenance, improvement, or pollution or contamination abatement be performed on the City Property. 8.2.4 No Litigation. There are no actions, claims, suits, or proceedings of any kind or nature whatsoever, legal or equitable, pending or, to the best of City's knowledge, threatened against City or the City Property or relating to or arising out of the ownership, management, condition, or operation of the City Property, in any court br before or by any federal, state, county or municipal department, commission, board, bureau, agency, or other governmental instrumentality. 8.2.5 No Mechanic's Liam. No work has been done upon, or materials delivered to, the City Property by or at the request of City, or with City's knowledge, which is not fully paid for, nor, to the best of City's knowledge, does any person, firm or corporation now have, nor, to the best of City's knowledge, will it have upon the giving of any notice or passage of time or otherwise, any mechanic's or materialman's lien rights with respect to the City Property or any part or parcel thereof. 8.2.6 No Adverse Agreements. There are no adverse possessors, tenancies or occupancy agreements affecting pdssession of the City Property, or any portion thereof, except as disclosed in this Agreement, nor has any option to purchase the City Property, or any portion thereof, been granted by City to any party. No party (other than the County pursuant to this Agreement) has the right to acquire the City Property. 8.2.7 No Bankrontcv Proceedings. City is not the subject of a bankruptcy, insolvency, or similar proceeding. 8.2.8 Environmental Status. In accordance with California Health and Safety Code Section 25359.7, City warrants and represents to County that it is not aware that any release of Hazardous Materials has come to be located upon or under the City Property. Neither City nor, to the actual knowledge of City, without duty of inquiry, any third parties during the period of time the City Property has been owned by City have generated, handled, manufactured, stored, used, transported or discharged any Hazardous Materials on, in or under the City Property, the groundwater or any adjacent property. City is not aware of any underground storage tanks located on or under the City Property. As used herein, the term "Hazardous Materials" shall mean any toxic or hazardous substance, material or waste or say pollutant or contaminant or infectious or radioactive material, including but not limited to those substances, materials or wastes regulated PWjeclN=e: Samta Ana lhopmy Exchange now or in the future under any of the following statutes or regulations promulgated thereto: (1) any "hazardous substance" within the meaning of CERCLA 42 U.S.C. §9601, et seq. or the California Hazardous Substance Account Act, Cal. Health and Safety Code §25300 of seq. or the Porter-Colognd Water Quality Act, Cal. Water Code §13000 et seq. or the Hazardous Materials Transportation Act, 49 U.S.C. § 1801, et seq.; (2) any "hazardous waste" within the meaning of the Resource Conservation and Recovery Act, 42 U.S.C. §6901 et seq.; or (3) any other substance, chemical, waste, toxicant, pollutant or contaminate regulated by any federal, state or local law, statute, rule, regulation or ordinance for the protection of health or the environment, including, without limitation, any petroleum products or fractions thereof. 8.2.9 AS -IS. City acknowledges that City has inspected the County Property and made its own independent investigation of the County Property. City further acknowledges that it is acquiring the County Property "AS -IS," in reliance solely on its own inspection of the County Property and on County's representations and warranties as set forth herein. County acknowledges it is conveying the land, structures, and vertical assets to the City. 8.3 Countv's Covenants. 8.3.1 Operation of cunt PMerty. County shall not hypothecate, transfer, encumber or affirmatively take any other action with respect to the County Property which would render County unable to convey the County Property to City at the Closing or impair City's intended use of the County Property as contemplated herein. 8.4 City's Covenants. 8.4.1 Operation of City Property. City shall not hypothecate, transfer, encumber or affirmatively take any other action with respect to the City Property which would render City unable to convey the City Property to County at the Closing or impair County's intended use of die City Property as contemplated herein. 9. Default. 9.1 Events of Default. The failure of a Party (the "Defaulting Party") to perform any material act to be performed by such Party, to refrain from performing any material prohibited act, or to fulfill any condition to be fulfilled by such Party under this Agreement, or under any agreement referred to herein or attached hereto as an exhibit, within ten (10) days after written notice of such failure from the Non -Defaulting Party shall be an "Event of Default" by the Defaulting Party with respect to the Defaulting Party's obligations hereunder; provided, however, that if more than ten (10) days are reasonably required in order to cure such Event of Default, then the Defaulting Party shall be entitled to a maximum of thirty (30) days to effect such cure, provided the Defaulting Party commences cure within such ten (10) day period and diligently proceeds to complete such cure within such thirty (30) day period. 9.2 Remedies. Party, the non -Defaulting Party Agreement or at law or in equity. Project Name: arils Ma Pmndy Exchange Upon the occurrence of any Event of Default by a Defaulting shall have such rights or remedies available to it under this 10. Casual Loss;,C,ondemnation. 10.1 Notice Re: Condemnation or Casualty: Election. In the event that, prior to the Closing, all or any portion of the County Property or City Property is taken or proposed to be taken as a result of the exercise or proposed exercise of the power of eminent domain (a "Condemnation Action"), or all or any portion of the County Property or City Property is damaged by earthquake, flood or fire (a "Casualty"), then the Party that is the current property owner shall, within ten (10) days thereafter, give written notice of such Condemnation Action or Casualty to the other Party ("Noticed Party"), Such Noticed Party shall have thirty (30) days following receipt of such notice to elect in writing to accept or not to accept the County Property or City Property, as the case may be, subject to such Casualty or Condemnation Action. Failure of a Noticed Party to notify the other Party of its election within such thirty (30) day period shall be deemed an election not to accept the County Property or City Property, as the case may be, subject to such Casualty or Condemnation Action. 10.2 Ternrination of Aetpen q . In the event that a Noticed Party elects not to accept the County Property or City Property, as the case may be, subject to such Casualty or Condemnation Action as provided in Section 10.1 above, Noticed Party shall cancel the Closing by written notice to the Party that is the current property owner and this Agreement shall be deemed. to be terminated (with the exception of those provisions which expressly state that they are to survive such termination). In such event, neither Party shall be obligated to the other to effectuate the Closing. 10.3 Proceeds of Condemnation or Casualty Insurances. In the event that a Noticed Party elects to accept the County Property or City Property, as the case may be, subject to a Casualty or Condemnation Action pursuant to Section 10,1 above, then the Party owning the property shall assign to the Noticed Party all rights, causes of action, claims, benefits, payments and awards arising from such Condemnation Action or Casualty (including, without limitation, any amount due from or paid by any insurance company or any other party as a result of the damage). 11. Possession. Possession of the County Property shall be delivered to City upon the Closing, subject only to the County Permitted Exceptions. Possession of the City Property shall be delivered to County upon the Closing, subject only to the City Permitted Exceptions. 12. Brokerage Commissions. Each Party warrants and represents to the other that no broker, finder or other intermediary hired or employed by it is entitled to a commission, finder's fee or other compensation based upon the transaction contemplated hereby and each Party shall indemnify and hold harmless the other Party from and against any and all claims, liabilities, losses, damages, costs and expenses (including, but not limited to, reasonable attorneys' fees, court costs and litigation expenses) caused by or arising out of the claim of any broker, finder or other intermediary alleging to have been employed or hired by such Party to a commission, finder's fee or other compensation based upon the transaction contemplated hereby. The obligations of County and City pursuant to this Section 12 shall survive beyond the Closing or if the Closing is cancelled, beyond any termination of this Agreement. 13. Miscellaneous. Project Name: Same Ana Pmpe,ty Exchmp 13.1 Not • All notices or other communications between County and City required or permitted hereunder shall be In writing and personally delivered or sent by certified mail, return receipt requested and postage prepaid, sent by reputable overnight courier (such as Federal Express, UPS or DHL), or transmitted by electronic facsimile transmission (with electronic confirmation of receipt), to the following addresses: If to City: City of Santa Ana Clerk of the City Council 20 Civic Center Plaza (M-30) PO Box 1988 Santa Ana, California 92702 If to County: County of Orange CEO Real Estate 400 West Civic Center Drive, 5th Floor Telefacsimile No.: (714) 834-2359 Attention: Chief Real Estate Officer A notice shall be effective on the date of personal delivery if personally delivered before 5:00 p.m. or otherwise on the day following personal delivery, or when received, if transmitted by electronic facsimile transmission (with electronic confirmation of receipt), or two (2) business days following the date the notice is postmarked, if mailed, or on the day following delivery to the applicable overnight courier, if sent by overnight courier. Either Party may change the address to which notices are to be given to it by giving notice of such change of address in the manner set forth above for giving notice. 13.2 Time of the Es..�ence. Time is of the essence for this Agreement and each and every term and provision hereof. 13.3 Interpretation: Governing Law. This Agreement shall be construed as if prepared by both Parties. This Agreement shall be construed, interpreted, and governed by the laws of the State of California and the laws of the United States of America prevailing in California. 13.4 Severabil tl. In the event that any phrase, clause, sentence, paragraph, section, article or other portion of this Agreement shall become illegal, null or void, or against public policy, for any reason, or shall be held by any court of competent jurisdiction to be illegal, null or void, or against public policy, the remaining portions ofthis Agreement shall not be affected thereby and shall remain in force and effect to the full extent permissible by law. 13.5 Performance of Act§on Business Dom. Unless specifically stated to the contrary, all references to days herein shall be deemed to refer to calendar days. In the event that the final date for payment of any amount or performance of any act hereunder falls on a Saturday, Sunday or holiday, such payment may be made or act performed on the next succeeding business day. 13.6 tto evs' Fees. In the event of any legal action or other proceeding between the Parties regarding this Agreement, any of the documents attached hereto as exhibits, Project Name S®ta Ana Property Exchange the County Property or the City Property (an "Action"), each Party shall be responsible for its own attorneys' fees, court costs and litigation expenses. 13.7 Further Assurances- Survival. Each Party will, whenever and as often as it shall be requested to do so by the other Party, execute, acknowledge, and deliver, or cause to be executed, acknowledged, and delivered, any and all such further conveyances, assignments, approvals, consents and any and all other documents and do any and all other acts as may be necessary to carry out the intent and purpose of this Agreement. 13.8 Entire Agreement Amendments. This Agreement, together with the other written agreements referred to herein, is intended by the Parties to be the final expression of their agreement with respect to the subject matter hereof and is intended as the complete and exclusive statement of the terms of the agreement between the Parties. As such, this Agreement supersedes any prior understandings between the Parties as to the subject matter hereof only (ag., the ownership and exchange of the County Property and City Property), whether oral or written, including but not limited to the 1987 Development Agreement. Any amendments to this Agreement shall be in writing and shall be signed by all Parties hereto. 13.9 No ai el. A waiver by either Party hereto of a breach of any of the covenants or agreements hereof to be performed by the other Party shall not be construed as a waiver of any succeeding breach of the same or other covenants, agreements, restrictions, or conditions hereof 13.10 Assi ent. Neither Party hereto shall assign its rights under this Agreement without the prior written consent of the other Party, which consent may be given or withheld in such Parry's sole discretion. 13.11 Binding Effect. This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective heirs, representatives, successors and permitted assigns. 13.12 HeadinesLf Toss -References; Exhibits. The headings and captions used in this Agreement are for convenience and ease of reference only and shall not be used to construe, interpret, expand, or limit the terms of this Agreement. All cross-references in this Agreement, unless specifically directed to another agreement or document, shall refer to provisions in this Agreement and shall not be deemed to be references to any other agreements or documents. Each of the exhibits attached to this Agreement is hereby incorporated into this Agreement by this reference. 13.13 Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document. 13.14 Effective Date. This Agreement shall become effective on the date (the "Effective Date") this Agreement is executed by the last of the persons required to bind the Parties hereto as set forth opposite their respective signatures below. 13.15 Special Condition. Notwithstanding any other term or provision to the contrary set forth in this Agreement, in no event shall this Agreement be interpreted to require a ProiOUName: Santa Ana Properly EKObW9O A-2022-197 transfer of real property by either Party unless all properties that together comprise the City Property and the County Property are deemed suitable for transfer by both Parties and are actually transferred to the other Party under the terms of this Agreement at the Closing. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date set forth opposite their respective signatures below. Dated: / Z 2a Z CITY: 7 CITY OF SANTA ANA, a California municipal corporation By: 51— •U L TC7� Name: Kristine Ridge Approved as to Form: Title: City Manger CITY ATTORNEY p� By: Name: lose Montoya ATTEST Clerk of the Council Project Name: Santa Ana Propary Exch=ge COUNTY OF ORANGE A political subdivision of the State of California Dated: Thomas A. Miller, Chief per Board of Supervisors APPROVED AS TO FORM: OI RyypM b, MkW ANauben aN m4&hael A NauWe a ounryN M(Q/J ry e m M. I malkmlW0lfauEOMN[pz9u0.mm.e�15 wa:wvaiss aaasae.oam Deputy County Counsel Office of the County Counsel Orange County, California PMJeaName. Sa AMrmPaiyEtmb W 2023 EXHIBIT A Legal Description of Count), Property All that certain real property situated in the City of Santa Ana, County of orange, State of California, more particularly described as follows: (Attached hereto and made part hereof) EXHIBIT A Pmjmt Name: Santa Ana "edy Exchange PRELIMINARY REPORT Cnkapa Title Company YOUR REFERENCE: ORDER NO.: 001711031424-LT2." LEGAL. DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SANTA ANA, IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL 9: (000436419) THAT PORTION OF THE LAND ALLOTTED TO JULIAN CHAVEZ, AS DESCRIBED IN THE FINAL DECREE OF PARTITION OF THE RANCHO SANTIAGO DE SANTA ANA, WHICH WAS ENTERED SEPTEMBER 12, 1868, IN BOOK "B PAGE 410 OF JUDGMENTS OF THE DISTRICT COURT OF THE 17TM JUDICIAL DISTRICT IN AND FOR LOS ANGELES COUNTY, CALIFORNIA, TOGETHER WITH THAT PORTION OF CHILTON TRACT ADDITION TO SANTA ANA, AS SHOWN ON A MAP RECORDED IN BOOK 34. PAGE 93, OF MISCELLANEOUS MAPS, RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, AND THAT PORTION OF VISEUS ADDITION, AS SHOWN ON A MAP RECORDED IN BOOK 3 PAGE W OF MISCELLANEOUS MAPS, 0—k-* RECORDS OF ORANGE COUNTY, CALIFORNIA, AND THA O sdEORGE W. FORD'S ADDITION TO SANTA ANA, AS SHOWN ON A MAP RECORDED 1N BOOK 25 PAGE 02 OF MISCELLANEOUS MAPS, AND RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, THAT PORTION OF GARNSEY STREET, PARTON STREET, SIXTH STREET AND THE ALLEY LYING IN SAID %ABEL'S ADDITION AND THE ALLEY LYING IN SAID FORD'S ADDITION, ALL ABANDONED, LYING WITHIN THE DISTINCTIVE, SOLID BOUNDARY LINES OF RECORD OF SURVEY 95-1031, AS PER MAP FILED IN BOOK 149 PAGES) 49 AND 50 OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF D COUNTY, EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS: COMMENCING AT THE MONUMENTED INTERSECTION OF THE CENTERLINES OF SIXTH STREET, (ABANDONED AND PARTON STREET (ABANDONED) AS SHOWN ON A MAP OF RECORD OF SURVEY M 1031 FILED IN BOOK 149. PAGE(S) 49 AND 50 OF RECORDS OF SURVEY IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY; THENCE NORTH 00" 00' 00" WEST, ALONG THE CENTERLINE OF SAID PARTON STREET, A DISTANCE OF 339.35 FEET TO THE SOUTHWEST CORNER OF THAT CERTAIN LAND DESCRIBED AS "LIBRARY PROPERTY' IN THE PARKING FACILITIES LEASE AGREEMENT BETWEEN THE COUNTY OF ORANGE AND ORANGE COUNTY PUBLIC FACILITIES CORPORATION RECORDED DECEMBER 22, 1987, AS INSTRUMENT NO. 87-703744, OF OFFICIAL RECORDS OF SAID ORANGE COUNTY; THENCE SOUTH 69' 68' 4�4 "EI�ST; ALONG THE SOUTH LINE OF SAID °LIBRARY PROPERTY" A DISTANCE OF 137,17 FEET TO A POINT ON THE MOST EASTERLY MONUMENTED COURSE OF THE LINE DESIGNATED AS 'SURVEY LINE" ON SAID RECORD OF SURVEY SHOWN THEREIN AS HAVING A BEARING OF NORTH 00' 03' 16" EAST AND A DISTANCE OF 90,70 FEET, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE NORTH 00" 03' 16' EAST, ALONG SAID COURSE, A DISTANCE OF 23.87 FEET TO THE NORTHERLY TERMINUS THEREOF; THENCE CONTINUING ALONG SAID SURVEY LINE NORTH SV 66' 44" WEST A DISTANCE OF 27.60 FEET; -THENCE NORTH 00' 03' 16" EAST A DISTANCE OF 17.60 FEET; THENCE NORTH 89° Be- 44" WEST A DISTANCE OF 35.20 FEET; THENCE NORTH 00' 03' 18" EAST A DISTANCE OF 52.20 FEET; THENCE NORTH 89" 66' 44- WEST A DISTANCE OF 0.60 FEET; THENCE NORTH 00' 03' 16" EAST A DISTANCE OF 68.92 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 101.13 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, AND ALONG SAID SURVEY LINE, THROUGH A CENTRAL ANGLE OF 74" 30' 07" A DISTANCE OF 131.60 FEET TO THE INTERSECTION OF SAID SURVEY LINE WITH THE CENTERLINE OF SAID PARTON STREET AND THE WEST LINE OF SAID "LIBRARY PROPERTY"; THENCE NORTH 00" DO' 00" EAST, ALONG THE CENTERLINE OF SAID PARTON STREET AND ALONG THE WEST LINE OF SAID "LIBRARY PROPERTY", A DISTANCE OF 26.84 FEET TO A POINT ON THE NORTH LINE OF THAT CERTAIN LAND DESCRIBED AS PARCEL NO. 3.11 IN THE QUITCLAIM DEED FROM THE ORANGE COUNTY CIVIC CENTER AUTHORITY TO THE COUNTY OF ORANGE RECORDED MARCH 3, 1994, AS DOCUMENT NO. 94-0163374 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY, SAID POINT ALSO -BEING THE NORTH ST pORAER'OF SgID`BLIBRARY PROPERTY'; THENCE SOUTH 89' S6' 45" EAST (SOUTH 89' 66' 19' EAST, RECORD PER SAID DOCUMENT NO. 94-0163374), ALONG THE NORTH LINE OF SAID 'LIBRARY PROPERTY" AND ALONG TIDE N R—TH LINE OF SAID PARCEL NO. 3.11, PARALLEL WITH THE 66.00 FEET SOUTHERLY OF THE CENTERLINE OF CLTA Preliminary Report Form - ModlOed (11/17106) Page 5 PRELIMINARY REPORT YOUR REFERENCE: (Continued) CNoaao TNa Compm ORDER NO.: a0 M1.904.T2•17W CIVIC CENTER DRIVE, A DISTANCE OF 147.00 FEET TO THE NORTHERLY MOST NORTHEAST CORNER OF SAID PARCEL NO.3.11; THENCE SOUTH DO" OV DO" WEST, ALONG THE EAST LINE OF SAID PARCEL NO. 3,11, A DISTANCE OF 230.00 FEET; THENCE NORTH 90" 00' 00- EAST A DISTANCE OF 70.00 FEET; THENCE SOUTH 000 00' 00" WEST A DISTANCE OF 37.76 FEET TO THE POINT OF INTERSECTION OFTHE EAST LINE OF SAID PARCEL NO. 3,11 WITH THE SOUTH LINE OF SAID "LIBRARY PROPERTY", SAID POINT BEARING SOUTH $9" 68' 44' EAST FROM THE TRUE POINT OF BEGINNING; THENCE NOFOH B9' SW 44" WEST, ALONG SAID SOUTH LINE, A DISTANCE OF 79.83 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION DESCRIBED AND 814OWN IN THAT CERTAIN GRANT DEED TO 111E STATE OF CALIFORNIA, ACTING BY AND THROUGH THE JUDICIAL COUNCIL OF CALIFORNIA, ADMINISTRATIVE OFFICE OF THE COURTS, IN DEED RECORDED JULY 13, 2012, AS INSTRUMENT NUMBER 2012-39723a1OF OFFICIAL RECORDS. EXCEPTING THEREFROM THAT PORTION DESCRIBED AND SHOWN IN THAT CERTAIN GRANT DEED TO THE STATE OF CALIFORNIA, ACTING BY AND THROUGH THE JUDICIAL COUNCIL OF CALIFORNIA, ADMINISTRATIVE OFFICE OF THE COURTS, IN DEED RECORDED JULY 13, 2012, AS INg112UMENT NUMBER 2012397238 OF OFFICIAL RECORDS PARCEL C: (008-067.46) SOUTH HALF OF SIXTH STREET AS ABANDONED PER RESOLUTION NO. 69 27, DATED FEBRUARY 16. 19B9 BY THE SANTA ANA CITY COUNCIL, RECORDED FEBRUARY 19, 1069, IN BOOK 667E PAGE 683 OF OFFICIAL RECORDS, IN THE OFFICE OF SAID COUNTY RECORDER, BOUNDED ON'THE EAST AND 1iVEST BY NORTHERLY PROLONGATION OF EASTERLY AND WESTERLY LINES OF BLACK F OF ROSS ADDMON TO SANTA ANA, AS SHOWN ON MAP RECORDED IN BOOK !PAGES AM AND 535 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY. THE LEGAL DESCRIPTION PARCEL C SHOWN ABOVE HAS NOT BEEN CREATED OF RECORD AND IS SUBJECT TO THE APPROVAL OF OUR ENGINEERING DEPARTMENT. SAID DESCRIPTION MAY NOT BE USED IN VIOLATION OF THE SUBDIVISION MAP ACT, APN: 008.03636136, 008.067.46 CLTA Preliminary Report Form — Modified (11/17M) - Page 6 EXHIBIT B Legal Description of City Property All that certain real property situated in the City of Santa Ana, County of Orange, State of California, more particularly described as follows: (Attached hereto and made part hereof) hoj=Name: Sawa Ana Pwety Embaage PRELIMINARY REPORT Chicago Ti9e Company YOUR REFERENCE: ORDER NO.: gp175931-SB4LT2-i1W LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SANTA ANA, IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCELA: (008-030-36) PARCELI: THAT PORTION OF FORD'S ADDITION, GREENLEAF TRACT, AND STOUPS ADDITION, AS PER MAPS RECORDED IN BOOK 26,,,PAGE 62 AND BOOK 2_5,_PAGE 49 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA AND IN B-00- S PAGE 2S OF MISCELLANEOUS MAPS, RESPECTIVELY, IN THE OFFICE OF THE COUNTY RECO D-i- dF'Fj9nRANGE COUNTY, LYING EASTERLY OF THE EASTERLY LINE OF THAT CERTAIN LAND DESCRIBED IN THE DEED TO COUNTY OF ORANGE RECORDED MARCH 24, 1966, IN BOOK 7879LPAGE fiO4 OF OFFICIAL RECORDS IN THE OFFICE OF SAID COUNTYRECORDER. TOGETHER WITH THAT PORTION OF VAN NESS STREET AS ABANDONED PER RESOLUTION NO.57.264. DATED OCTOBER 21, 1957 BY THE SANTA ANA CITY COUNCIL AND RECORDED OCTOBER 26, 19571N BOOK 4082 PAGE 105 OF OFFICIAL RECORDS IN THE OFFICE OF SAID COUNTY RECORDER. TOGETHER WITH THAT PORTION OF THE ABANDONED ALLEY AS SHOWN ON SAID FORD'$ ADDITION, AS PER MAP RECORDED IN BOOK 26 PAGE 62 OF MISCELLANEOUS RECORDS, OF LOS ANGELES COUNTY, AS ABANDONED PER RESOLU7-(b�NO. 60-71, DATED APRIL 18, 1960, BY THE SANTA ANA CITY COUNCIL, RECORDED APRIL 21, 1960 IN BOOK 6210, PAGE 416 OF OFFICIAL RECORDS, IN THE OFFICE OF SAID COUNTY RECORDER. TOGETHER WITH THAT PORTION OF SIXTH STREET AS ABANDONED PER RESOLUTION NO. 69-27, DATED FEBRUARY 16, 1969 BY THE SANTA ANA CITY COUNCIL, RECORDED FEBRUARY 19, lose, IN 800K 8878,, PAGE, 863 OF OFFICIAL RECORDS, IN THE OFFICE OF SAID COUNTY RECORDER. EXCEPTING THEREFROM THAT PORTION OF SAID LAND BOUNDED ON THE WEST BY THE EASTERLY LINE OF THAT CERTAIN LAND DESCRIBED IN THE DEED TO THE COUNTY OF ORANGE, RECORDED AUGUST 30, 1965, IN BOOK 7648,_PAGE 672 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID CO 1 ; BOUND [T QN THE EAST BY A LINE LYING 117.00 FEET EASTERLY OF AND PARALLEL WIN THE EASTERLY LINE OF THE LAND DESCRIBED IN SAID DEED; BOUNDED ON THE NORTH THE BY EASTERLY EXTENSION OF THE NORTHERLY LINE OF THE LAND DESCRIBED IN SAID DEED; AND BOUNDED ON THE SOUTH BY THE EASTERLY EXTENSION OF THE SOUTHERLY LINE OF THE LAND DESCRIBED IN SAID DEED. ALSO EXCEPTING THEREFROM THAT PORTION OF THE LAND CONVEYED TO THE ORANGE COUNTY CIVIC CENTER AUTHORITY PER DEED RECORDED IN BOOK 7978 PAGE 16 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID UN ,AND AIFPARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHEAST CORNER OF THAT CERTAIN LAND DESCRIBED IN THE DEED TO THE COUNTY OF ORANGE AS RECORDED IN BOOK 7879 PAGE 604 OF OFFICIAL RECORDS OF SAID COUNTY; THENCE SOUTHERLY ALONG THE EAfteR IMINn-g-O D LAND 239.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTHERLY ALONG SAID EASTERLY LINE126.00 FEET; THENCE EASTERLY AT RIGHT ANGLES TO THE LAST MENTIONED COURSE TO A LINE PARALLEL WITH AND 70.00 FEET EASTERLY, MEASURED AT RIGHT ANGLES, FROM THE EASTERLY LINE OF SAID LAND; THENCE NORTHERLY ALONG SAID LAST MENTIONED PARALLEL LINE 126.00' FEET; THENCE WESTERLY, 70.00 FEET TO THE TRUE POINT OF BEGINNING. OLTA Preilminery Report Form—MoMed (11/17=) PW 3 PRELIMINARY REPORT YOUR REFERENCE (Contlnued) Chicago TIUs Company ORDER NO.: 00175931•904-LT2.11W ALSO EXCEPTING THEREFROM THE NORTHERLY 31 FEET OF THE SAID LAND. ALSO EXCEPTING THEREFROM THE EASTERLY 5 FEET OF SAID LAND. ALSO EXCEPTING THEREFROM THAT PORTION OF THE RANCHO SANTIAGO DE SANTA ANA, IN THE CITY OF SANTA ANA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 28 FEET WEST FROM THE SOUTHEAST CORNER OF LOT 3 OF THE GREENLEAF TRACT, IN THE CITY OF SANTA ANA, AS SHOWN ON A MAP RECORDED IN BOOK 25• PAGE 49 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, AND RU—NwIG THENCE WEST 95.75 FEET; THENCE SOUTH 5D FEET; THENCE EAST 95.75 FEET; AND THENCE NORTH 50 FEET TO THE POINT OF BEGINNING, SAID LAND IS ALSO KNOWN AS A PORTION OF LOT B OF STOUT'S ADDITION TO SANTA ANA, IN THE CITY OF SANTA ANA, AS SHOWN ON A MAP RECORDED IN BOOK B.PAGE 28 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. ALSO EXCEPTING THEREFROM THAT PORTION OF RANCHO SANTIAGO DE SANTA ANA, IN THE CITY OF SANTA ANA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 219 FEET SOUTH AND 148.7E FEET WEST OF THE INTERSECTION OF THE CENTERLINES OF ROSS STREET AND HICKEY STREET NOW KNOWN AS CIVIC CENTER DRIVE, AS SAID STREETS ARE SHOWN ON A MAP OF STOUTS ADDITION TO SANTA ANA, RECORDED IN BOOK 6 PAGE 28 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, SAID POINT OF BE NNINR�—G`BEING THE SOUTHEAST CORNER OF LOT A AS SHOWN ON SAID MAP; THENCE WEST 145.75 FEET TO A POINT IN VAN NESS AVENUE; THENCE NORTH PARALLEL V41TH THE EAST LINE OF VAN NESS AVENUE, 44 FEET; THENCE EAST 145.75 FEET TO A POINT DISTANT 148.75 FEET FROM THE CENTER LINE OF ROSS STREET, A$ SHOWN ON SAID MAP; THENCE SOUTH 44 FEET TO THE POINT OF BEGINNING. A PORTION OF SAID LAND IS ALSO KNOWN AS LOT A OF STOUTS ADDITION TO SANTA ANA, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN POOK 6 PAGE 28 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COU TY. ALSO EXCEPTING THEREFROM THAT PORTION OF THE LAND CONVEYED TO THE STATE OF CALIFORNIA, ACTING THROUGH THE JUDICIAL COUNCIL OF CALIFORNIA, ADMINISTRATIVE OFFICE OF THE COURTS PER DEED RECORDED SEPTEMBER .26, 2007, AS INSTRUMENT NO. 2007-582904 OF OFFICIAL RECORDS, AS DESCRIBED THEREIN. PARCEL 2: ALL THAT CERTAIN LAND IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING A PORTION OF SIXTH STREET AS ABANDONED PER RESOLUTION 69-27 BY THE SANTA ANA CITY COUNCIL, RECORDED IN BOOK 8878, PAGE 863 OF OFFICIAL RECORDS, AND A PORTION OF THE LAND CONVEYED TO THE COUNTY & ORANGE PER DEED RECORDED IN BOOK 7879� PAGE 504, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LAND CONVEYED TO THE COUNTY OF ORANGE; THENCE SOUTHERLY ALONG THE SOUTHERLY EXTENSION OF THE EASTERLY LINE OF SAID LAND 30.00 FEET TO THE CENTERLINE OF SIXTH STREET AS, ABANDONED BY SAID RESOLUTION 69-27; THENCE WESTERLY ALONG SAID CENTERLWE OF SIXTH STREET 60.00 FEET; THENCE NORTHERLY PARALLEL WITH SAID EASTERLY LINE, AND ITS SOUTHERLY EXTENSION, 147.00 FEET; THENCE CLTA Preliminary Reporl Form -ModBied (11/17106) Page PRELIMINARY REPORT ChEago TWe COnVany YOUR REFERENCE.ORDER NO.; 00176"1-004 LT2-17W (Continued) EASTERLY PARALLEL WITH $AID CENTERLINE OF SIXTH STREET, MOD FEET TO SAID EASTERLY LNE; THENCE SOUTHERLY 117.00 FEET TO THE POINT OF BEGINNING. EXHIBIT C City and County' Prelindnary Title Report (Attached hereto and made part hereof) Pmjm Name: Santa Ma Pmpeny McbmVe Title 728 South Figueroa $beat, Suite 200, Los Angeles, CA 90017 Phone: (213) 488-4300 a Fax: (213) 488.4377 Issuing Policies of Chicago Title Insurance Company ORDER NO.: 00175031439"T2.17W Main Office Line: 1213) 489-4300 OC Public Works S07 N. Roes Street Title Officer. Ted TaiWennifer Wright (LAtComm) Santa Ana, Tdle Officer Phone: 213 488.4394 Tdlo Officer Fax: (213 488.4300 t H lmic ATTN: Scott Hel n lcha Email: Scoll.Halnrichs�ocpw.ocgov.com Title Officer Emall: TeamX77@cctLcom REF: PROPERTY: APN, SANTA ANA, CA PRELIMINARY REPORT In response to the application for a policy of We insurance referenced herein, Chicago Title company hereby reports that it Is prepared to Issue, or cause to be Issued, as of the date hats&,, a policy or policies of tNe Insurance describing the land and the estate or interest therein hominatter set forth, insuring against loss which may be sustained by reason of any defect Men or encumbrance not shown or referred to as an exception herein or not excluded from coverage pursuant to the pdtded Schedules, Conditions and Stipulations or Conditions of sold policy forms. The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of sold policy or pallcles am set forth In Attachment One. The policy to be issued may contain an arbitration clause. When the Amount of hlsumnce Is less than thatset forth In the arbitration clause, all arbitrable matters shall be arbitrated of the option of either the Company or the Insured as lire exclusive remedy of the parties. Umftattons on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of iiye Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages am also set forth In Attachment One. Copies of the policy forms should be read. They are available from the office which Issued this mpod This report (and any supplements or amendments hereto) is issued solely for the. purpose of facilitating the issuance of a poky of We Insurance and no flabilify is assumed hereby. if it is destrad that /lability be assumed Prior to the issuance of a policy of title Insurance, a Binder or Commitment should be requested. The pollcy(a) of title Ineumnoe to be issued hereunder will be policy(s) of Chicago 7111e Insurance Company, a Hicidde corporation, Please read the excaptions shown or refereed to herein and the exceptions and exclusions set forth In Attachmend One of this report carefully. The exceptions and exclusions are mason to provide you with notice of matters which are not covered under the [arms of the ride insurance policy and should be comfuilyconsidered. it is Important to note that thle prallminary report is not a written rapmsentatton as to the condition of this and may not hat elf Bens, defects and encumbrances affwdng tttio to the land. Chicago Title Company ABy: 4k Authorized Signature ?IaRw&th m Seercvry CLTA Preliminary Report Fem—MoalBea (t 1M710a) Pegs 1 Chicago Title 728 Solah Figueroa Street Suk 200, Los Angelis, CA 9M17 Phone: (213)4884300 a Fax (213)4884377 PRELIMINARY REPORT EFFECTIVE DATE: April 14, 2022 at 7:30 a.m. ORDER NO.: 00175931.M.LT2-1TW The farm Of policy or policies of title Insurance contemplated by this report I3: t. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: Fee Estate 2. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN The City of Santa Ana, a charter city and municipal corporation under the constItution and haas of the State of California, as to Parcel A; and County of Orange, a body corporats and politic, as to parcels a and C 3. THE LAND REFERRED TO IN THIS REPORT IS DESCRIBED AS FOLLOWS: See Exhibit A attached hereto and made a part hereof. CLTA P,ellminey Report Fenn —Modified (I1117MO) Page 2 PRELIMINARY REPORT YOUR REFERENCE: EXHIBIT "A" LEGAL DESCRIPTION Chlcepo Title CoM%,y ORDER NO.: 001759314994.LT2-1TW THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SANTA ANA, IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL A: (006-03645) PARCEL 1: THAT PORTION OF FORD'S ADDITION, GREENLEAF TRACT, AND STOUTS ADDITION, AS PER MAPS RECORDED IN BOOK 25 PAGE 62 AND BOOK 25 PAGE 49 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNM ND IN BOOK 6. PAGE 26 OF MISCELLANEOUS MAPS, RESPECTIVELY, IN THE OFFICE OF THE COUNTY RECORDER OP SAID ORANGE COUNTY, LYING EASTERLY OF THE EASTERLY LINE OF THAT CERTAIN LAND DESCRIBED IN THE DEED TO COUNTY OF ORANGE RECORDED MARCH 24, INS, IN BOOK 7879 PAGE 504 OF OFFICIAL RECORDS IN THE OFFICE OF SAID COUNTY RECORDER. TOGETHER WITH THAT PORTION OF VAN NESS STREET AS ABANDONED PER RESOLUTION NO. 57-264, DATED OCTOBER 21. 1967 BY THE SANTA ANA CITY COUNCIL AND RECORDED OCTOBER 26, 1957 IN BOOK 4082, PAGE 105 OF OFFICIAL RECORDS IN THE OFFICE OF SAID COUNTY RECORDER TOGETHER WITH THAT PORTION OF THE ABANDONED ALLEY AS SHOWN ON SAID FORD'S ADDITION, AS PER MAP RECORDED IN BOOK 25,PAGE 62 OF MISCELLANEOUS RECORDS, OF LOS ANGELES COUNTY, AS ABANDONED PER RE80LUTION NO. 60.71, DATED APRIL 15, 1960, BY THE SANTA ANA CITY COUNCIL, RECORDED APRIL 21, 1960 IN BOOK 5210 PAGE 415 OF OFFICIAL RECORDS, IN THE OFFICE OF SAID COUNTY RECORDER. TOGETHER WITH THAT PORTION OF SIXTH STREET AS ABANDONED PER RESOLUTION NO. M27, DATED FEBRUARY 16, 1969 BY THE SANTA ANA CITY COUNCIL, RECORDED FEBRUARY 19, 1969, IN BOOK 8878, PAGE 863 OF OFFICIAL RECORDS, IN THE OFFICE OF SAID COUNTY RECORDER EXCEPTING THEREFROM THAT PORTION OF SAID LAND BOUNDED ON THE WEST BY THE EASTERLY LINE OF THAT CERTAIN LAND DESCRIBED IN THE DEED TO THE COUNTY OF ORANGE, RECORDED AUGUST 30. 1965, IN BOOK 7648, PAGE 672 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; BOUNDED ON THE EAST BY A LINE LYING 117.00 FEET EASTERLY OF AND PARALLEL WITH THE EASTERLY LINE OF THE LAND DESCRIBED IN SAID DEED; BOUNDED ON THE NORTH THE BY EASTERLY EXTENSION OF THE NORTHERLY LINE OF THE LAND DESCRIBED IN SAID DEED; AND BOUNDED ON THE SOUTH BY THE EASTERLY EXTENSION OF THE SOUTHERLY LINE OF THE LAND DESCRIBED IN SAID DEED. ALSO EXCEPTING THEREFROM THAT PORTION OF THE LAND CONVEYED TO THE ORANGE COUNTY CIVIC CENTER AUTHORITY PER DEED RECORDED IN BOOK 7978, PAGE 15 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THAT CERTAIN LAND DESCRIBED IN THE DEED TO THE COUNTY OF ORANGE AS RECORDED IN BOOK 78_7 ,9 PAGE 504 OF OFFICIAL RECORDS OF SAID COUNTY; THENCE SOUTHERLY ALONG THE EASTERLY LINE OF SAID LAND 239.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTHERLY ALONG SAID EASTERLY LINE126.00 -FEET; THENCE EASTERLY AT RIGHT ANGLES TO THE LAST MENTIONED COURSE TO A LINE PARALLEL WITH AND 70.00 FEET EASTERLY, MEASURED AT RIGHT ANGLES, FROM THE EASTERLY LINE OF SAID LAND; THENCE NORTHERLY ALONG SAID LAST MENTIONED PARALLEL LINE 126.00 FEET; THENCE WESTERLY, 70.00 FEET TO THE TRUE POINT OF BEGINNING. CLTA PieOeunmy Report F" — Moo10eE (1 M71W Pegs 3 PRELIMINARY REPORT YOUR REFERENCE: EXHIBIT A (Continued) Chicago Tile Coaparq ORDER NO.: Op176931.9B4{T2-iTW ALSO EXCEPTING THEREFROM THE NORTHERLY 31 FEET OF THE SAID LAND. ALSO EXCEPTING THEREFROM THE EASTERLY 5 FEET OF SAID LAND. ALSO EXCEPTING THEREFROM THAT PORTION OF THE RANCHO SANTIAGO DE SANTA ANA, IN THE CITY OF SANTA ANA. DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 28 FEET WEST FROM THE SOUTHEAST CORNER OF LOT 3 OF THE GREENLEAF TRACT, IN THE CITY OF SANTA ANA, AS SHOWN ON A MAP RECORDED IN BOOK 25. PAGE 49 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, AND RUNNING THENCE WEST 96.75 FEET; THENCE SOUTH 50 FEET; THENCE EAST 96.75 FEET; AND THENCE NORTH 50 FEET TO THE POINT OF BEGINNING. SAID LAND IS ALSO KNOWN AS A PORTION OF LOT B OF STOUTS ADDITION TO SANTA ANA, IN THE CITY OF SANTA ANA, AS SHOWN ON A MAP RECORDED IN BOOK s, PAGe 28 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.ALSO EXCEPTING THEREFROM THAT PORTION OF RANCHO SANTIAGO DE SANTA ANA, IN THE CITY OF SANTA ANA, DESCRIBED AS FOLLOWS: THE BEGINNING AT A POINT 219 FEET SOUTH AND 148.16 FEET WEST OF THE INTERSECTION OF E 28 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, SAID CENTERLINES OF ROSS STREET AND HICKEY STREET NOW KNOWN AS CIVIC CENTER DRIVE, AS SAID STREETS ARE SHOWN ON A MAP OF STOUTS ADDITION TO SANTA ANA, RECORDED IN BOOK 6. PAGE POINT BEGINNING BEING THE SOUTHEAST CORNER OF LOTH AS SHOWN ON SAID MAP; THENCE WEST 1 OF FEET IN A POINT OF IN IN VAN NESS AVENUE; THENCE NORTH PARALLEL WITH THE EAST LINE OF VAN NESS AVENUE, 44 FEET; THENCE EAST 145.75 FEET TO A POINT DISTANT 148.76 FEET FROM THE CENTER LINE EN BOSS STREET, AS SHOWN ON SAID MAP; THENCE SOUTH 44 FEET TO THE POINT OF BEGINNING, A PORTION OF SAID LAND IS ALSO KNOWN AS LOT A OF STOUTS ADDITION TO SANTA ANA, IN THE CITY OF SANTA ANA. COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 6 PAGE 28 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. ALSO EXCEPTING THEREFROM THAT PORTION OF THE LAND CONVEYED TO THE STATE OF CALIFORNIA, ACTING THROUGH THE JUDICIAL COUNCIL OF CALIFORNIA, ADMINISTRATIVE OFFICE OF THE COURTS PER DEED RECORDED SEPTEMBER 26, 2007, AS INSTRUMENT NO. 2007-582904, OF OFFICIAL RECORDS, AS DESCRIBED THEREIN. -- PARCEL2: ALL THAT CERTAIN LAND IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING A PORTION OF SIXTH STREET AS ABANDONED PER RESOLUTION 69-27 BY THE SANTA ANA CITY COUNCIL, RECORDED IN BOOK 8878, PAGE 863 OF OFFICIAL RECORDS, AND A PORTION OF THE LAND CONVEYED TO THE COUNTY OF ORANGE PER DEED RECORDED IN NOOK 7879, PAGE 504, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LAND CONVEYED TO THE COUNTY OF ORANGE; THENCE SOUTHERLY ALONG THE SOUTHERLY EXTENSION OF THE EASTERLY LINE OF SAID LAND 30.00 FEET TO THE CENTERLINE OF SIXTH STREET AS ABANDONED BY SAID RESOLUTION 89-27; THENCE WESTERLY ALONG SAID CENTERLINE OF SIXTH STREET 60.00 FEET; THENCE NORTHERLY PARALLEL NTH SAID EASTERLY LINE, AND ITS SOUTHERLY EXTENSION, 147.00 FEET; THENCE CLTA Preliminary Report Form — Modified (11/17/O6) Page 4 PRELINv9NARYREPORT YOURREFERENCE: EXHIBIT A (Continued) Ctd=90 THISWgny ORDER NO,: 0017593141114-1-Tb77W EASTERLY PARALLEL WITH SAID CENTERLINE OF SIXTH STREET, 60.00 FEET TO SAID EASTERLY LINE; THENCE SOUTHERLY 117.00 FEET TO THE POINT OF BEGINNING. PARCEL 8: (008-030.39) THAT PORTION OF THE LAND ALLOTTED TO JULIAN CHAVEZ, AS DESCRIBED IN THE FINAL DECREE OF PARTITION OF THE RANCHO SANTIAGO DE SANTA ANA, WHICH WAS ENTERED SEPTEMBER 12, 1858, IN BOOK'B', PAGE 410 OF JUDGMENTS OF THE DISTRICT COURT OF THE 17TH JUDICIAL DISTRICT IN AND FOR LOS ANGELES COUNTY, CALIFORNIA, TOGETHER WITH THAT PORTION OF CHILTON TRACT ADDITION TO SANTA ANA, AS SHOWN ON A MAP RECORDED W BOOK 34 PAGE 93, OF MISCELLANEOUS MAPS, RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, AND THAT PORTION OF VISEUS ADDITION, AS SHOWN ON A MAP RECORDED IN BOOK 3, PAGE 17 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, AND THAT PORTK)N Or GEORGE W. FORD'S ADDITION TO SANTA ANA. AS SHOWN ON A MAP RECORDED IN BOOK 26. PAGE 62 OF MISCELLANEOUS MAPS, RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, AND THAT PORTION OF GARNSEY STREET, PARTON STREET, SIXTH STREET AND THE ALLEY LYING IN SAID VISEVS ADDITION AND THE ALLEY LYING IN SAID FORD'S ADDITION, ALL ABANDONED, LYING WITHIN THE DISTINCTIVE, SOLID BOUNDARY LINES CIF RECORD OF SURVEY 95-1031, AS PER MAP FILED IN BOOK 149, PAGE S 49 AND 50 OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS: COMMENCING AT THE MONUMENTED INTERSECTION OF THE CENTERLINES OF SIXTH STREET, (ABANDONED AND PARTON STREET (ABANDONED) AS SHOWN ON A MAP OF RECORD OF SURVEY 95- 1031 FILED IN BOOK 149, PAGErS 49 AND 50 OF RECORDS OF SURVEY IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY; THENCE NORTH 00" 00' 00' WEST, ALONG THE CENTERLINE OF SAID PARTON STREET, A DISTANCE OF 330.35 FEET TO THE SOUTHWEST CORNER OF THAT CERTAIN LAND DESCRIBED AS 'LIBRARY PROPERTY' IN THE PARKING FACILITIES LEASE AGREEMENT BETWEEN THE COUNTY OF ORANGE AND ORANGE COUNTY PUBLIC FACILITIES CORPORATION RECORDED DECEMBER 22, 1987, AS INSTRUMENT NO. 87.703744, OF OFFICIAL RECORDS OF SAID ORANGE COUNTY; THENCE SOUTH 89' 58' 44' EAST, ALONG THE SOUTH LINE OF SAID `LIBRARY PROPERTY" A DISTANCE OF 137,17 FEET TO A POINT ON THE MOST EASTERLY MONUMENTED COURSE OF THE LINE DESIGNATED AS'SURVEY LINE' ON SAID RECORD OF SURVEY SHOWN THEREIN AS HAVING A BEARING OF NORTH 00' 03' IW EAST AND A DISTANCE OF 90.70 FEET, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE NORTH 00' 03' 1W EAST, ALONG SAID COURSE, A DISTANCE OF 23.87 FEET TO THE NORTHERLY TERMINUS THEREOF; THENCE CONTINUING ALONG SAID SURVEY LINE NORTH 09" 56' 44" WEST A DISTANCE OF 27.60 FEET,, THENCE NORTH 00' OT 16" EAST A DISTANCE OF 17.50 FEET,THENCE NORTH 89' 58' 44' WEST A DISTANCE OF 35.20 FEET; THENCE NORTH 00' 03' 18' EAST A DISTANCE OF SZ20 FEET; THENCE NORTH 89' 56' 44' WEST A DISTANCE OF 0.50 FEET; THENCE NORTH 00' 03' IS" EAST A DISTANCE OF 68.92 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 101.13 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, AND ALONG SAID SURVEY LINE, THROUGH A CENTRAL ANGLE OF 74' 30' 07" A DISTANCE OF 131.50 FEET TO THE INTERSECTION OF SAID SURVEY LINE WITH THE CENTERLINE OF SAID PARTON STREET AND THE WEST LINE OF SAID 'LIBRARY PROPERTY'; THENCE NORTH 00' 00' 00" EAST, ALONG THE CENTERLINE OF SAID PARTON STREET AND ALONG THE WEST LINE OF SAID'LIBRARY PROPERTY", A DISTANCE OF 26.84 FEET TO A POINT ON THE NORTH LINE OF THAT CERTAIN LAND DESCRIBED AS PARCEL NO. 3.11 IN THE QUITCLAIM DEED FROM THE ORANGE COUNTY CIVIC CENTER AUTHORITY TO THE COUNTY OF ORANGE RECORDED MARCH 3, 1994, AS DOCUMENT NO. 94-0153374, OF OFFICIAL RECORDS OF SAID ORANGE COUNTY, SAID POINT ALSO BEING THE NORTHWEST CORNER OF SAID "LIBRARY PROPERTY'; THENCE SOUTH 89' 5V 45" EAST (SOUTH 89' 56' 19" EAST, RECORD PER SAID DOCU.I:IENT N0. 94-0153374), ALONG THE NORTH LINE OF SAID 'LIBRARY PROPERTY' AND ALONG THE NORTH LINE OF SAID PARCEL NO. 3.11. PARALLEL WITH THE 66.00 FEET SOUTHERLY OF THE CENTERLINE OF CLTA Preliminary Report Form - Modified (11/17/1)6) Page 5 PRELIMINARY REPORT YOUR REFERENCE: EXHIBIT A (Continued) Chicago Tige Company ORDER NO.: 00176931. 944.T2-1TW CIVIC CENTER DRIVE, A DISTANCE OF 147.00 FEET TO THE NORTHERLY MOST NORTHEAST CORNER OF SAID PARCEL NO. 3.11; THENCE SOUTH 000 00009 WEST, ALONG THE EAST LINE OF SAID PARCEL NO. 3.11. A DISTANCE OF 239.00 FEET; THENCE NORTH 90° 00' 00' EAST A DISTANCE OF 70.00 FEET; THENCE SOUTH 000 00' 00' WEST A DISTANCE OF 37.75 FEET TO THE POINT OF INTERSECTION OF THE EAST LINE OF SAID PARCEL NO. 3.11 WITH THE SOUTH LINE OF SAID 'LIBRARY PROPERTY', SAID POINT BEARING SOUTH 890 58' 44° EAST FROM THE TRUE POINT OF BEGINNING; THENCE NORTH 896 58' 44' WEST, ALONG SAID SOUTH LINE, A DISTANCE OF 70.83 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION DESCRIBED AND SHOWN IN THAT CERTAIN GRANT DEED TO THE STATE OF CALIFORNIA. ACTING BY AND THROUGH THE JUDICIAL COUNCIL OF CALIFORNIA, ADMINISTRATIVE OFFICE OF THE COURTS, IN DEED RECORDED JULY 13, 2012. AS INSTRUMENT NUMBER 2012-397238 OF OFFICIAL RECORDS EXCEPTING THEREFROM THAT PORTION DESCRIBED AND SHOWN IN THAT CERTAIN GRANT DEED TO THE STATE OF CALIFORNIA, ACTING BY AND THROUGH THE JUDICIAL COUNCIL OF CALIFORNIA. ADMINISTRATIVE OFFICE OF THE COURTS, IN DEED RECORDED JULY 13, 2012, AS INSTRUMENT NUMBER 2012-307239 OF OFFICIAL RECORDS PARCEL C: (008-M46) SOUTH HALF OF SIXTH STREET AS ABANDONED PER RESOLUTION NO. 69 27, DATED FEBRUARY 16, 1989 BY THE SANTA ANA CITY COUNCIL, RECORDED FEBRUARY 19. 1969. IN BOOK 8878, PAGE 863 OF OFFICIAL RECORDS, IN THE OFFICE OF SAID COUNTY RECORDER, BOUNDED ON THE EASTANDWIEST BY NORTHERLY PROLONGATION OF EASTERLY AND WESTERLY LINES OF BLACK F OF ROSS ADDITION TO SANTA ANA, AS SHOWN ON MAP RECORDED IN BOOK 3 PAGES 534 AND 535 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY. THE LEGAL DESCRIPTION PARCEL C SHOWN ABOVE HAS NOT BEEN CREATED OF RECORD AND IS SUBJECT TO THE APPROVAL OF OUR ENGINEERING DEPARTMENT. SAID DESCRIPTION MAY NOT BE USED IN VIOLATION OF THE SUBDIVISION MAP ACT. APIN 008-036.35, 39, 008-M49 CLTA Preliminary Report Form —Modified (11/17/06) Page 6 PRELIMINARY REPORT CNcego Title Comperry YOURREFERENCE: ORDER NO.: 00175931.9994-T2.JTW EXCEPTIONS AT THE DATE HEREOF, ITEMS TO BE CONSIDERED AND EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM WOULD BE AS FOLLOWS: A. Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes to be levied for the fiscal year 2022-2023. B. There were no tames levied for the fiscal year 2021.2022 as the property was vested in a public entity. Tax Identification No.: 008-036-30 Tax Identification No.: 008-067-48 C. The lien of supplemental or escaped assessments of property taxes, If any, made pursuant to the provisions of Chapter 3.5 (commencing with Section 75) or Part 2, Chapter 3, Articles 3 and 4, respectively, of the Revenue and Taxation Code of the State of California as a result of the transfer of title to the vestee named in Schedule A or as a result of changes In ownership or new construction occurring prior to Date of Policy. 1. Water rights, claims or title to water, whether or not disclosed by the public records THE FOLLOWING MATTERS AFFECT PARCEL A: 2. An easement for the purpose sham below and rights incidental thereto as set forth in a document Granted to: Southern California Edison Company, a Corporation Purpose: Public utilities Recorded: July 15, 1959 in Book 4799 Paoe 557 of Official Records Affects: said lend more particular desc 691herein. 3. An easement for the purpose shown below and rights Incidental thereto as Be forth in a document Granted to: Southern California Edison Company, a Corporation Purpose: Public utility Recorded: February 29,1960 in Book 5122, Pale 331 of Official Records Affects: said land more parliculsirlyiesdri (herein, 4, The terms, provisions and conditions and contained In that certain Agreement entitled 'Joint Exercise of Powers Agreement between the City of Santa Ana and the County of Orange Creating the Orange County Civic Center Authority, recorded August 17, 1966 In Book 8022, Page 335 of Official Records, and as amended by an Agreement dated for convenience as oT June 10, 1970, recorded December 29, 1971 in Book 9946 Page 76 of Official Records and as further amended by an Agreement dated for convenience as of December 22, 1970, recorded December 20, 1971 in Book 9946 Page 84 of Official Records, and amended by agreement recorded November 20, 1970 In Book 9488� Page 320 of Official Records, to which retard reference is hereby made for full particulars. OLTA Preliminary Report Form—Mooinee (1 V17/09) toe 7 PRELIMINARY REPORT CNcaao T79e companyYOUR REFERENCE: ORDER NO.: 00175931-9M4-T2-17w EXCEPTIONS (Continued) 5. Easement(s) for the purpose(s) shown below and rights incidental thereto as reserved In a document: Purpose: Potable water main, utilities Recorded: February 19, 1969 as Instrument No. 11306 in book 8878 page 863 of Official Records Affects: That portion of said land lying within a portion of vacated Sixth Street, Gamsey Street and Parton Street A document subject to all the terms, provisions and conditions therein contained. Entitled: Encroachment Agreement Recorded: February 2,1993 as Instrument No. 93-073023 of Official Records A document subject to all the terns, provisions and conditions therein contained. Entitled: Easement Amendment and Encroachment Agreement Recorded: July 11, 2007 as Instrument No. 2007000434462 of Official Records S. A document subject to all the terms, provisions and conditions therein contained. Entitled: Joint Use Agreement Dated; August 17,1971 By and between: County of Orange, a Body Corporate and Politic and the City of Santa Ana, a Municipal Corporation Recorded: August 26, 1971 in Book 9779. pade 72 of Official Records Reference Is made to said document for full particulars, An easement for the purpose shown below and rights Incidental thereto as set forth in a document Granted to: Southern Caltiomia Edison Company, a Corporation Purpose: Public utilities Recorded: January 31,1989 as Instrument No. 89-054223 of Official Records Affects: said land more partleu-9 deacHbid therein. —'---- �"- CLTA Preliminary Report Form — Modified (11117106) Page 6 PRELIMINARY REPORT Cttica90 Title Company YOUR REFERENCE: ORDER NO.; 00175031-904-LT2-iTW EXCEPTIONS (Continued) 9. A lease with certain terms, covenants, conditions and provisions set forth therein. Lessor: The City of Santa Ana Lessee: Orange County Public Facilities Corporation Recorded: July 31, 1991 as Instrument No. 91404171 of Official Records The present ownership of the leasehold created by said lease and other matters affecting the interest of the leme are not shown herein. The matters contained in a document entitled 'Assignment Agreement' by and between Orange County Public Facilities Corporation and Bank of America National Trust and Savings Association recorded July 31, 1991 as Instrument No 91404174 of Official Records. Reference Is made to said document for full particulars. The matters contained In a document entitled 'Assignment of Assignment Agreement' by and between Bank of America National Trust . and Savings Association and First Trust of California, National Association recorded May 2, 1996 as Instrument No. 95-0186673 of Official Records. Reference is made to said document for full particulars. 9. An lease with certain terms, covenants, conditions and provisions set forth therein. Lessor. City of Santa Ana, a Municipal Corporation Lessee: Santa Ana Financing Authority, a Joint Powers Authority Disclosed by: Ground Lease Recorded: March 22, 1994 as Instrument No. 94-0201357 of Official Records The present ownership of the leaaehold created by said lease and other matters affecting the interest of the lessee are not shown herein. An agreement to amend or modify certain provisions of said lease, as set forth in the document executed by As Lessor: Santa Ana Financing Authority As Lessee: Meridian Trust Company, as Trustee Recorded: March 22, 1994 as Instrument No. 94.0201359 of Official Records 10. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: Southern California Edison Company, a Corporation Purpose: Public utilities Recorded: January 14, 1999 as ;, J28200 of Official Records Affects: said land more particularly described therein. - ---- 11. Matters contained in that certain document Entitled: Memorandum of Agreement Recording Date: January24, 2006 2006-523013 of or4 Reference is hereby made to said document for full particulars. CLTA Preliminary Report Forth —Modified (11/17106) p 9 PRELIMINARY REPORT Chicago TI9e Company YOUR REFERENCE: ORDER NO,: 00175991-984-LT2-1Tw EXCEPTIONS (CorttJnued) 12. Matters contained in that Certain document Entitled: Easement Deed and Agreement Dated: March 11, 2008 Executed by: City of Santa Ana and the County of Orange Recording Data. March 18. 2008 RecoMm No. 2008000124173 Official Records Reference is hereby made to said document for full particulars. 13. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein as disclosed by the document Entitled: Site and Facility Lease Lessor. City of Santa Ana Lessee: Santa Ana Financing Authority Recording Date: June 17, 2014 Recording No 2014000238201 Official Records The present ownership of the leasehold created by said lease and other modem affecting the interest of the lessee are not shown herein 14. An unrecorded sublease with certain terms, covenants, conditions and provlsIOM set faith therein as disclosed by the document Entitled: Memorandum of Lease Agreement Lessor. Santa Ana Financing Authority Lessee: City, of Santa Ana Recording Date: June 17, 2014 Recordln, No. 2014000238202. Official Records. The present ownership of the leasehold created by said lease and other matters affecting the Interest of the lessee are not shown herein The matters contained in a document entitled "Assignment Agreement" by and between Santa Ana Financing Authority and U.S. Bank National Association, as agent of TPB Investments, Inc., a wholly owned subsidiary of Western Alliance Bards, an Arizona corporation, Compass Mortgage Corporation, an Alabama corporation, and Capital One Public Funding, I.I.C. and their successors and assigns recorded June 17, 2014as Instrument No. 2014000238203, of Official Records. Reference is made to said document for full particulars. 15. Matters contained in But certain document Entitled: Second Easement Deed and Agreement Recording Date: August 18, 2016 Recordin,, No 2016.391498 of Official Records Reference is hereby made to said document for full particulars. THE FOLLOWING MATTERS AFFECT PARCEL B: CLTA Preliminary Report Form — Modified (11117/06) Page 10 PRELIMINARY REPORT Chicago Trls CorryretW YOUR REFERENCE: ORDER NO.: 00175931-994Cr24TW EXCEPTIONS (Condri 18. An easement for the purpose shown below and rights incidental thereto asset forth in a document Granted to: The C)ly of Santa Ana, a Municipal Corporaflon Purpose: water fine Recorded: June 28.1024, in Book 529 Pa e 292. of Deeds Affects: the South 2 feet of Lot 4, Black "Wolf fhe Chilton Tract 17 An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: The Pacific Telephone and Telegraph Company Purpose: Public utilities Retarded: November 9,190, in Book 1727 Pa ,e 88, of Official Records Affects: The East 3 feet of Lot 10,E and 12, Block °B° of the Chilton tract 18. An easement for the purpose shown below and rights Incidental thereto as reserved In a document Purpose: aerial and underground telephone, telegraph and communication structures Recorded: June 5, 1968, In Buck 8622, Pa ie 220, of Official Records Affects: The Northerly 5 feet of Rre Southerly 29 feet measured from the centerline of Sbdh Street (now abandoned) between Flower and Gainsay Streets as shown on a map filed In e,:,y 85 Pa e <, Records of Survey. 19. An easement for the purpose shown below and rights incidental thereto as reserved in a document Purpose: gas lines Recorded: June 5, 1968, in Book 8622 Pane 220, of Official Records Affects: the Northerly 5 fast cd the Southerly 26.50 feet measured from the centerline of Sbdh Street (now abandoned) between Flower and Gamsey Street as shown on a map filed in Bask 85, Pa_e 2, Records of Survey. 20. An easement for the purpose shown below and rights incidental thereto as reserved In a document Purpose: water main Recorded: June 5, 1968, in Book 8622 Page 220. of Official Records Affects: The Southerly 10 feet of fits Northerly 25 feet measured from the centerline of Sbdh Street (now abandonerQ between Flower and Gamsey Streets as shown on a map filed In Book 85 Pa je _, Records of Survey. CLTA Preliminary Report Form - Modified (11f1710S) Page 11 PRELIMINARY REPORT YOUR REFERENCE: Chlasgo Till, Company ORDER NO.; 00175931-994.LT2.17w EXCEPTIONS (Continued) 21, Easement(s) for the purpose(s) shown below and rights incidental thereto as reserved in a document; Purpose: Potable water main, utilities Recorded: February 19, 1969 as Instrument No. 11306 in book 8878 nape 863 of Records Affects: That portion of said land tying within a portion of vacated Sixth Street, Gamsey Street and Parton Street A document subject to ell the terms, provisions and conditions therein contained. Entitled: Encroachment Agreement Recorded: February 2, 1993 85 Instrument No. 93-073023, of Official Records A document subject to all the terms, provisions and conditions therein contained. Entitled: Easement Amendment and£ncroachmentAgreement Recorded: July 11, 2007 as Instrument No. 2007000434462 of Official Records 22. An easement for the purpose shown below and rights Incidental thereto as reserved in a document Purpose: aerial and underground telephone, telegraph and communication structures Recorded: Affects: February 19, 1989. In Book 8878 Pace 863, of Official Records The Northerly 10 laet�othe Southerly 30 fOO lured from the centerline of sixth Street (now abandoned) between Flower and Ross Streets as shown on a map recorded in Book 3, Page;si 534 and 535, of Official Records, of Los Angeles County, Cel'SaNe. 23. The matters contained in a document entitled 'Joint Use Agreemenr by and between The County of Orange and the City of Santa Ana, recorded August 26, 1971. in Book 9779, Paqe 72, Of Official Records. Reference is made to said document for full particulars. 24. Any discrepancies that may be disclosed by Record of Survey Map No. 1284 on file in Book 149page(s) 49 and 50 of Records of Survey, Orange County Records. Reference Is made to said map for further particulars. 25. Any discrepancies that may be disclosed by Record of Survey Map No. 95-1031 on fie in Book 75, page(s) 48 of Records of Survey, Orange County Records. Reference is made to said map for further particulars. 28. Matters contained In that certain document Entitled: Memorandum of Transfer and Joint Occupancy Agreements Recording Data: December 28, 2009 Recordm; No 2009-693763, of Official Records Reference is hereby made to said document for full particulars. CLTA Preliminary Report Form —Modred (11117108) Page 12 PRELIMINARY REPORT YOUR REFERENCE: ORDER NO.: 0001 59�31r.. 94{T2.ITW EXCEPTIONS (Continued) 27. Matters contained in that certain document Entitled: Grant of Access Easement Recording Date: July 13, 2012 Recording No 2012-397240 of Official Records Reference is hereby made to said document for full particulars. 28. Matters contained in that certain document Entitled: Easement Deed and Agreement Recording Date: August 18, 2016 Recordin; No 2016-391497, of Official Records Reference is hereby made to said documerd for full particulars. THE FOLLOWING MATTERS AFFECT PARCEL C- 29. Easement(s) for the purpose(s) shown below and rights Incidental thereto as reserved in a document; Purpose: Potable water main Recorded: June 6, 1968 as Instrument No. 2519 In book 6622 LA1e _22( of Official Records Affecta: That portion of said land tying within a portion of vacated Sixth Street 30, Eaeement(s) for the purpose(s) shown below and rights Incidental thereto as reserved in a document; Purpose: Potable water main, utilities Recorded: February 19, 1969 as Instrument No. 11308 In book 8878 page _863 of Official Records Affects: That portion of said land lying within a portion of vacated Sixth Street, Gamsey Street and Parton Street A document subject to all the terms, provisions and conditions therein contained. Entitled: Encroachment Agreement Recorded: February 2, 1993 as Instrument No, 93i0730; 3, of Official Records A document Subject to all the terms, provisions and conditions therein contained. EntBtled: Easement Amendment and Encroachment Agreement Recorded: July 11, 2007 as Instrument No. 2007000434462. of Official Records 31 A document andded'Joint Use Agreari dated August 17,1971 executed by County of Orange, and the Ltity of Santa Ana, subject to all the temis, provlslon(s) and conditions therein contained, recorded August 26 1971 as instrument no. 24678 in nook 9779 r>aae 72 of Official Records Among other things, said document provides: For Central Utility Distribution System CLTA Preliminary Report Form —Modified (11/17106) Page 13 PRELIMINARY REPORT YOUR REFERENCE: Chicago Title Compary ORDER NO.: 00170314"LT2-ITw EXCEPTIONS (Continued) 32, Easement(s) for the purpose(s) shown below and rights incidental thereto as reserved in a document; Purpose: utility Recorded: May 9, 1978 as Instrument No. 13610 in book 12667 a e 1870 of Official Records Affects: Thal portion of said land tying within a portion of vacated Sixth Street 33. Easements affecting said larid and rights Incidental thereto as disclosed by a map attached to the Quitclaim Deed referenced below, Recorded: March 3, 1994 as Instrument No. 94-153374 of Official Records Affects: Those portions of aaki lend as shown on the Me- atlacryad Wield deed 34 A document subjed to all the terms, provisions and conditions therein contained. Entitled: Memorandum of Transfer and Joint Occupancy Agreement Recorded; December 28, 2009 as Instrument No. 2009-000693763, of Official Records 38. Right of way over a portion of sold land, as granted to Martha P. Rush and Benjamin L. 131zner, at ux., by deed recorded In Book.41 a Pa_e_45 of Deeds, records of said Orange County. THE FOLLOWING MATTERS AFFECT ALL PARCELS: 36. The fad that said land is included within a project area of the Redevelopment Agency shown below, and that proceedings for the redevelopment of said project have been Instituted under the Redevelopment taw (scout redevelopment to proceed only after the adoption of the redevebpmem plan) as disclosed by a Redevelopment Agency: Redevelopment of the Project Area Of the City of Santa Ana Community Redevelopment Plan Recorded: July 18, 1973, in Book 10807 Paye 9, of Official Records An agreement to modify the terms and provisions of the said document, as therein provided Recording Data. October 20, 2OD4 Recording ci 2004-948360 of Official Records An agreement to modify the terns and provisions of the said document, as therein provided Recording Date: December 20. 2007 Reccrdins No 20044244a of Official Records 7-7 37. Ples se be advised that our search did not disclose any open Deeds of Trust of record. If you should have knowledge of any outstanding obtigatlon, please contact the Title Department Immediately for further review prior to closing. 38. Matters which may be disclosed by an inspection and/or by a correct ALTA/NSPS Land Title Survey of said Land that is satisfactory to the Company, and/or by Inquiry of the parties in possession thereof. CLTA Preliminary Report Form - Modified (Iv7/o8) Page 14 PRELIMINARY REPORT Chkoago Thle ConVany YOUR REFERENCE ORDER NO.: 00175031-gg4LT2.iTw EXCEPTIONS (Continued) 39, Any rights of the parties In possession of a portion of, or all of, said Land, which rights are not disclosed by the public records. The Company will require, for review, a fug and complete Copy of any unrecorded agreement, contract, license and/or lease, together with all supplements, assignments and amendments thereto, before issuing any policy of title insurance without excepting this gem from coverage. The Company reserves the right to except additional items and/or make Additional requirements after reviewing said documents. 40, The Company will require that a full copy of any unrecorded lease referred to herein be furnished to the Company, together with all supplements, assignments and amendments for review. The Company reserves the right to add additional gems or make further requirements after review of the requested documentation. PLEASE REFER TO THE "INFORMATIONAL NOTES" AND "REQUIREMENTS" SECTIONS WHICH FOLLOW FOR INFORMATION NECESSARY TO COMPLETE THIS TRANSACTION, END OF EXCEPTIONS CLTA Preliminary Report Fonn—Modified (11117/06) Page 16 PRELIMINARY REPORT Chicago Tao Company YOUR REFERENCE: ORDER NO.: 0e17031-9e94.T2-1TW REQUIREMENTS SECTION 1. This Company will require evidence of compliance with the statutory limitadoms incident to the governmental agency named below, with reference to any conveyance of an Interest In the Land this Company will be asked to record andfor rely upon In the Issuance of any form of title Insurance. Governmental agency. The City of Santa Ana, a charter city and municipal corporation under the Constitution and Wage of the State of California and County of Orange, a body corporate and polidc 2. Unrecorded matters which may be disclosed by an Owner's Affidavit or Declaration. A form of the Owners Afriidavit/Declaratlon Is attached to this Preliminary Repod/Commftmant This AflidevIt/Declaration is to be completed by the reogrd owner of the land and submitted for review prior to the closing of this transaction. Your prompt attention to this requirement will help avoid delays In the closing of this transaction. Thank you. The Company reserves the right to add additional items or make further requirements after review of the requested Affidavit/Declaration. END OF REQUIREMENTS CI -TA Prellminary ReponForm— ModlOed (11111MM Page 18 PRELIMINARY REPORT CNcaOo Title Company YOUR REFERENCE: ORDER NO.: 00176e31.W4.LT2.1Tw INFORMATIONAL NOTES SECTION =clauses 1. None of the items shown in this report will cause the Company to decline to attach ALTA Endorsement Form 9 to an Extended Coverage loan Policy, when issued. 2. The Company Is not aware of any matters which would cause it to decline to attach CLTA Endorsement Form 116 Indicating that theta is located on said Land Commercial properties, known as APN, located within the city of Santa Ana, California, , to an Extended Coverage Loan Policy. 3. Note: The policy of title Insurance will Include an arbitration provision. The Company or the Insured may demand arbitration. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured aching out of or relating to this policy, any service of the Company in connection with He Issuance or the breach of a policy provision or other obligation. Please ask your escrow or title officer for a sample copy of the policy to be issued H you wish to review the arbitration provisions and any other provisions pertaining to your Thfe Insurance coverage. A. Notice: Please be aware that due to the conflict between federal and state laws concerning the cultivation, distribution, manufacture or sale of marquana, the Company is not able to close or insure any transaction involving Land that is associated with these activities. 5. Pursuant to Government Code Section 27388.1. as amended and effective as of 1-1-2018, a Documentary Transfer Tax (DTT) Affidavit may be required to be completed and submitted with each document when DTT is being paid or when an exemption is being claimed from paying the tax. H a governmental agency Is a party to the document, the form will not be required. DTT Affidavits may be available at a Tax Assessor -County Clerk -Recorder. 6. The following Exclusion(s) are added to preliminary reports, commitments and will be Included as an endorsement in the following policies: A. 2008 ALTA Owner's Policy (06.17-06). 6. Defects, liens, encumbrances, adverse claims, notices, or other matters not appearing in the Public Records but that would be disclosed by an examination of any records maintained by or on behalf of a Tribe or on behalf of its members. B. 2006 ALTA Loan Policy (06-17.08). a. Defects, liens, encumbrances, adverse claims, notices, or other matters not appearing in the Public Records but that would be disclosed by an examination of any records maintained by or on behalf of a Tribe or on behalf of its members. 9. Any daim of invalidity, unenforceabiitty, or look of priority of the lien of time Insured Mortgage based on the application of a Tribe's law resulting from the failure of the Insured Mortgage to specify State law as the governing law with respect to the lien of the Insured Mortgage. C. ALTA Homeowner's Policy of Title Insurance (12-02-13) and CLTA Homeowners Policy of Title Insurance (12-02-13). 10. Defects, liens, encumbrances, adverse claims, notices, or other matters not appearing in the Public Records but that would be disclosed by an examination of any records maintained by or on behalf of a Tribe or on behalf of its members, D. ALTA Expanded Coverage Residential Loan Policy -Assessments Priority (04-02-16). 12. Defects, liens, encumbrances, adverse claims, notices, or other matters not appearing In the Public Records but that would be disclosed by an examination of any records maintained by or on behalf of a Tdbe,or on behalf of its members. 13. Any claim of invalidity, unenforceabilfty, or loot of priority of the lien of the Insured Mortgage based on the application of a Tribe's law resulting from the failure of the CLTA Prerminary Report Form—ModMed (11/17109) Page 1 PRELIMINARY REPORT YOUR REFERENCE: Chicago Mite company ORDER NO.: 0m75931.004LT2-1TW INFORMATIONAL NOTES (Continued) Insured Mortgage to specify State law as the governing law with respect to the lien of the Insured Mortgage. E. CLTA Standard Coverage Policy 1990 (11.09»18). 7. Defects, liens, encumbrances, adverse claims, notices, or other matters not appearing In the public moords but that would be disclosed by an examination of any records maintained by or on behalf of a tribe or on behalf of its members. B. Any claim of invalidity, unenforceabillty, or lack of priority of the lien of the Insured mortgage based on the application of a tribe's law resulting from the failure of the Insured mortgage to specify state low as the governing law with respect to the lien of the Insured mortgage. Note: Property taxes, including any personal property taxes and any assessments collected with taxes, are paid. For proration purposes the amounts were: Tax Identification No.: 008436-35 Fiscal Year. 2021-2022 I at Installment: $13,632,12 2nd Installment: $13,532.12 Other Exemption: $16,767,216.00 Coda Area: 11-005 Affects: Parcel A 8. Note: There are NO conveyances affecting said Land recorded within 24 months of the date of this report. - END OF INFORMATIONAL NOTES - Ted Tan/Jennifer Wright (LA/Comm)gt CLTA Preliminary Report Form -Modified (11117106) Page 2 Inquire before you wire! Wire Fraud Alert This Notice is not intended to pmvide legal or professional advice. If you have any questions, please constat with a lawyer. All partles to a real estate transaction are targets for wire fraud and many have lost hundreds of thousands of dollars because they simply relied on the wire instructions received via email, without further verification. If funds are to be wired in conpanction with this real estate transaction, we strongly recommend verbal verification of wire Instructions through a known, trusted phone number prior to sending funds. In addition, the following non-exclusive set -protection strategies are recommended to minimize exposure to possible wire fraud. • NEVER RELY on emalle purporting to change wire Instructions. Parties to a transaction rarely change wire Instructions in the course of a transaction. • ALWAYS VERIFY wire instructions, specifically the ABA routing number and account number, by calling the party who sent the instructions to you. DO NOT use the phone number provided In the email containing the instructions, use phone numbers you have called before or can otherwise verify. Obtain the phone number of relevant parties to the transaction as soon as an escrow account Is opened. DO NOT send an ema8 to verify as the email address may be Incorrect or the mail may be Intercepted by the fraudater. • USE COMPLEX EMAIL PASSWORDS that employ a combination of mixed case, numbers, and symbols. Make your passwords greater then eight (8) characters. Also, change your password often and do NOT reuse the same password for other online accounts. • USE MULTbFACTOR AUTHENTICATION for email accounts. Your email provider or IT staff may have specific instructions on how to Implement this feature. For more Information on wlre-fraud stems or to report an incident, please refer to the following links: Federal Bureau of fnvesff ~.- hffv:1Awww.rbi.aov Internal Crhne Complaint Center. hfm:l/ww Jc3.acv Wire Freud Alert Page 1 original E-madva Date: EMIM017 Curers version Date: Ell 112017 WIRE0010 (Dal Rev. 12107117) TA! andQB F/de/eyfJat(onel Hrtendal, fnc. eM/oran erfllfete. ANdghls reserved Title 125 South Figueroa Street Suite 200. Loa Angeles, CA 90017 Phone: (213) 488.4300 a I = (213) 488.4377 Notice of Available Discounts Pursuant to Section 2355.3 in Title 10 of the California Code of Regulations Fidelity National Financial, Inc. and its subsidiaries ("FNF") must deliver a notice of each discount available, under our current rate filing along with the delivery of seem Instructions, a preliminary report or commitment. Please be aware that the provision of this notice does not constitute a waiver of the consumer's right to be charged the filed rate. As such, your transaction may not qualify for the below discounts. You are encouraged to discuss the applicability of one or more of the below discounts with a Company representative, Those discounts are generally described below; consult the rate manual for a full description of the terms, conditions and requirements for such discount. These discounts only apply to transactions involving services rendered by the FNF Family of Companies. This notice only applies to transactions Involving property Improved with a one -to -four family residential dwelling. Not all discounts are offered by every FNF Company. The discount will only be applicable to the FNF Company as indicated by the named discount. NF P Underwrtgan TISa Company CTC —Chicago Title company CLTC—Commonwealth Lard Titre Company FNTC —Fidelity National Titre Company of California FNTCCA - Fidelity National Title Company of Califomis TICOR — Ttcor Title Company of California LTC —Lawyer's Title Company SLTC—ServlceLlnk TNI® Company Available Discounts Undervrrltsen by FNF U� CTIC — Chicago Title Insurance Company CLTIC - Commonwealth Land Title Insurance Company FNTIC — Fidelity National Title Insurance Company FNTIC - Fidelity National Title Insurance Company CTIC — Chicago Title Insurance Company CLTIC — Commomveafth Land Title Insurance Company CTIC — Chicago Ties Insurance Company DISASTER LOANS (CTIC, CLTIC, FNTIC) The charge for a Lender's Policy (Standard or Extended coverage) covering the financing or refinancing by an owner of record, within twenty-four (24) months of the dale of a declaration of a disaster area by the government of the United States or the State of Celffomla on any land located in said area, which was partially or totally destroyed In the disaster, will be fifty percent (50%) or the appropriate title Insurance rate. CHURCHES OR CHARITABLE NON-PROFIT ORC)ANIYATIONS (CTIC, FNTIC) On properties used as a church or for charitable purposes within the scope of the normal activities of such entities, provided said charge Is normally the church's obligation the charge for an owner's policy shag be fifty percent (50%) to seventy percent (70%) of the appropriate figs Insurance rate, depending on the type of coveage selected, The charge for a lender's policy shall be forty (40%) to fifty percent (50%) of the appropriate title insurance rate, depending on the type of coverage selected. Notice of Avollable Dlo,wunta (Rev. 01.1520) Last Sav*d: May a, 2022 by 985 MISCO164(DSI Rov. OWN) EMW No,: 00176931-894LT247W FIDELITY NATIONAL FINANCIAL, INC. PRIVACY NOTICE Effective August 1, 2021 Fidelity National Financial, Inc. and its majority -owned subsidiary componlas (collectively, 'FNF," 'our,' or 'we) respect and are committed to protecting your privacy. This Privacy Notice explains how we collect, use, and protect personal Information, when and to whom we disclose such Information, and the choices you have about the use and disclosure of that Information. A Imiled number of FNF subsidiaries have their own privacy notices. If a subsidiary has Its own privacy notice, the privacy notice will be available an the smbsidiary's webslle and this Privacy Notice does not apply. Colleatlon of personal Information FNF may collect the following categOrtes of Personal Information: • contact Information (e.g., name, address, phone number, amall address); • demographic Information (e.g., date of birth, gander, merger alalua); • identify Information (e.g. Social Security Number, drivers license, paosport, or other government ID number); • financial account Information (e,g. loan or bank account Information); and • other personal Infarmation necessary to provide products or services to you. via may collect Personal Information about you from: • information we receive from you oryour agent; • information about your transactions with FNF, our affiliates, or others; and • Information we receive from consumer reporting agencies andfor governmental entities, either directly from these entries or through others. Caliaclton of Browalnn Information FNF automatically collects the II no types of Browsing Information when you access an FNF wabsito, online service, or application (each an'FNF Watislte') from your Internet browser, computer, andfordevice: • Internet Protocol (IP) address and operating system; • browser version, language, and type; • domain name system requests; and • browsing history on the FNF Webette, such as date and time of your visit to the FNF Webaite and visits to the pages whhin the FNF Webage. Like most websites, our sarvare automatically log each visitor to the FNF Webala and may coffact the Browsing Information described above. We use Browsing Information for system adminlatration, troubleshooting, fraud inveftation, and to Improve our wabshes. Browsing Information generally does not reveal anything personal about you, though R you have created a user account for an FNF Websits and are logged Into that account, the FNF Webslto may be able to link certain browsing activity to your user account. O er 0gIInif#Pgg1&I Cookie.@. When you visit an FNF Mixille, a bootie' may be sent to your computer. A cookie is a small piece of data that Is sent to your Internet brawser from a web server and stored on your computer's hard drive. Information gathered using cookies helps us Improve your weer experience. For example, a cockle can help the webehe load property or can customize the display page based on your browser type and user preferences. You can choose whether or hot to accept cookies by changing your Internet browser settings. Be aware that doing so may Impair or Ilml some functionality of the FNF Vyebaite. Vtb Beexr qs We use web beacons to determine when and how many tines a page has been viewed. This information is used to improve our wabaites. Po.No Tr4_ok. Currently our FNF Websiles do not respond to "Do Not Track' features enabled through your browser. Links toQdWr.Sitsa. FNF Wobages may contain links to unatfllated third -party webailes. FNF is not responslWe for the privacy pradlces or content of those websites. We recommend that you read the privacy policy of every wabsi a you Wait Use of Personal information FNF uses Personal Information for three main purposes: • To provide product and services to you or In connection with a transaction Involving you. • To Improve our products and services. • To communicate with you about our, our aglllales', and othem' products and services, jointly or Independently. Wigan Informat n la Disclosed We may disclose your Personal Information and Browsing Information in the following circumstances: • to enable us to detect or prevent criminal activity, fraud, material misrapresentafon, or nondisclosure; • to nonaffiliated service providers who provide or perform services or functions on our behalf and who agree to use tie information only to provide such services or functions; FNF Pdvs Sfatemam (Ell. August 1, 2021) Copyright D 2021. Fidsllty Nego ml Finendel Inc. AJ RFShte Ra Md MISCO2191DS1 Rev. 07129)21) Page 1 Order No. 00175t31-11II&M-1TW • to nonaffiliated third party service providers with whom we perform joint marketing, pursuant to an agreement with them to Joiritiy market financial products or services to you; • to law enforcement or authorities In connection with an investigation, or In response to a subpoena or court order, or • in the good -faith belief that such disclosure is necessary to comply with legal process or eppllcable laws, or to protect the dghts, property, or safety of FNF, its customers, or the public The law does not require your prior authorization and does not allow you to restrict the disclosures described above. Additionally. we may disclose your information to third parties for whom you have given us authorization or consent to make such disclosure. We do riot otherwise share your Personal Information or Browsing Information WM nonaffiliated third parties, except as required or permitted by law. War may share your Personal Information with affiiatea (other companies owned by FNF) to directly market to you. Please sae 'Choices with Your Information' to learn how to restrict that sharing. We reserve the right to transfer your Personal Information, Browsing Information, and any other Information. In connection with the sale or other disposition of an or part of the FNF business and/or Beasts, or In the event of bankruptcy, reoganization. Insolvency, receivership, or an assignment for the benefit of creditors. By Submitting Personal Information and/or Browsing Information to FNF, you expressly agree and consent to the use and/or transfer of the foregoing Information in connection with any of the above described proceedings. Saourlty of Your Information We maintain physical, elactronle, and procedural safeguards to protect your Personal Information. ChWCee With Your information If you do not went FNF to share your Information among our affiliates to directly market to you, you may send an 'opt out, request as directed at the and of this Privacy Notice, vva do not share your Personal Information with nonaffiiates for their use to direct market to you without your consent Whetter you submit Personef Informatton or Browsing Information to FNF Is entirely up to you. If you decide not to submit Personal Information or Browsing Information. FNF may not be able to provide certain services or products to you, For Cellfom[a Residents: We will not shore your Personal Information or Browsing Information with nonaffiliated third parties except as permitted by California law. For edgEonal Information about your California privacy rights, please visit the "California Privacy' link on our websile (httor9rni corn/ e ! alAom ) or call (888) 413-1748. For Nevada Residents: You may be placed an our Internal Do Not Call Ust by calling (888) 714.2710 or by conteci ng us via the information set forth at the end of this Privacy Notice. Nevada law requires that we also provide you with the following contact Information; Bureau of Consumer Protection, Office of the Nevada Attorney Crenerei, 855 E. Washington St, Suite 3900, Les Vegas, NV 89101; Phone number. (702) 4BW132; emall: BCPINFO@ag.siats.nv.us, For Oregon Residents: alb will not share your Personal Information or Browsing Information with nonaffiliated third parties for marketing purposes, except after you have been Informed by us of such sharing and had an opportunity to indicate that you do not want a disclosure made for marketing purposes, For Vertnom Reskdecde: We will not disclose information about your creditworthiness to our arfiliet" aridwig not disclose your personal tnfornaBon, financial Information, credit report, or health Information to nonaffiltated third parties to market to you, other than as pennhad by Vermont low, unless you avthofte us to make those disclosures. Irrf0 rma8on From ChYdren The FNF Webseas are not intended or deelgned to attract persons larder the age of eighteen (18).We do no collect Personal Information from any person that we know to be under the age of thirteen (13) without permission iron a parent Or guardian. International Users FNFs headquarters Is located within the United States. If you reside outside the United States and choose to provide Personal Information or Browsing Information to us, please note that we may transfer that information outside of your country of residence. By proving FNF with your Personal Information and/or Browsing Information, you consent to our collection. transfer, and use of such information in accordance with this Privacy Notice. FNF Webslto Sartdaes for Managing. Loans Certain FNF Companies provide services to mortgage loan Wrvicars. Including hosting wabodes that collect customer Information on behalf of mortgage loan servicers (the *Service Mbsktw"). The Service vvebsitas may contain finks to both this Privacy Noires and the mortgage loan sarvicer or lender's privacy noacs. The sections or this Privacy Notice tided When Information Is Disclosed, Choices with Your Information, and Accessing and Correcting Information do not a" to the Service Websltes. The mortgage loan services or lender's privacy notice goveme use, disclosure, and access to your Personal Information. FNF does not share Personal Information collected through the Service VAsbsties, except as required or aulhortzed by contract with fie mortgage loan servicer or lender, or as required by law or In the good-fath belief that such disclosure is noceeeery: to comply with a legal process or applicable law, to enforce this Privacy Notice, or to protect the rights, property, or safety of FNF or the public. FNF Privacy Statement (E8. August 1, 2021) COPAN 02021. Fldelly Nadonal Financial, Inc. All Rights Reservad MIS00219 (DSI Ray. 07129021) Page 2 Order No. 0o17ae31-9g4-LT2-/Pal Your Consent To Thle Pdvacv Notice• Notice CMn has auh By mitirg Personal Information andfor Browsing Information to FNF, you consent to the collection and use of the information in accordance with this Privacy Was. "May change this Privacy Notice at any time. The Privacy Nothoe's effective date will show the last date changes were made. If you provide Information to us following any change of the Privacy Notice, that signifies your assent to and acceptance of the charges to the Privacy Notice. Aceaaslnv snd Co"actlna Infomtadon• CoMaet Us If you have queetiona, would lira to comard your Personal Information, or want to opt -out of information sharing for affilate marketing, vied FNF's one Out Paoa orcordactusby phone at(666) 714-2710 orbymalitc: Fidelity National Financial, Inc. 601 Riverside Avenue, Jacksonville, Florida 32204 Attn: Chief Privacy Officer FNF Privacy Statement (Eft. August 1. 2021) COPyrlght ® 2021. Fldeaty Naaanal Fkand61, Ina All Rigft Resewed MIS00219 PSI Rev. OVUM) P898 3 Order No, e0175931-994LT2-1TW ATTACHMENT ONE (Revised 06-08.16) CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY -1290 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the oovemge of this policy and the Company will not pay loss or damage, cocle, attorneys' fees or expenses which arise by reason at. 1. (a) Any law, ordinance or govemntanial regulation Qncluding bud not limited to building or zoning laws, ordlnrmes, of regulations) reatdwrg, regulating, prohibiting or ralagng Q) the occupancy, use, or enjoyment of We low; tip the cherader, dimensions or location of any Imprevemmt now or hereafter erected on the land; Qiq a separation In ownership of a change In the dlmrrslons or area of the land or any parcel of vfikh the fend Is or was a part; or Qy environmental probedbn, or the aged of any vlolagon of don Imve. ordinances or governmental regulations, violation affecting thielhe extent laand has been mounted t a notice of the InIn the t ubliccrecoerNe at Date of MUM, of a defeat. Ilan, or encurtlbrance reaching from a violation r alleged y. (b) Any governmental police power mal excluded by (a) above, except to the extent that a acres of the execise thereof or notice of a defect, son or eneunlbrance mauf aiii from a violation or aseged violation affecting the land has been recorded In the public records at Date of Policy, 2, Rights ofaminem domain unless notice of the exercise thereof has been mcorded In the public recoils ad Date of Policy, but not excluding from coverage any taking which has ooculred prior to Data of Pak which would be binding on the rights of a purchaser for talus without knowledge. 3. Defects. hens,encumbrances. adverse claims or other matters: (a) whether of not recordad an the public records at dale of Policy, but created, suffered, assumed or agreed to by ire Insured claimant; (b) not known to the to the Compam7 by the Insured claimant ed In the prior to public hee data the Insured dolmants at Onto of tbbecomee Mown Insured undto the o this policy and not dlsdnscM in vrtginp (c) focusing In no lose or damage to the Instead claimant; (d) creating tweeted subaoquerd to Date of Policy; or (a) retailing itt.loss or damage which would not have been sustained If the insured claimant had pad value for the Insured mortgage or for the 4. Un rdbrceabilgy of the fen of the Itdumd morligage becavae or the inab0ty or failure of the insured at Date or Policy, or the lnabigy or failure of any subsequent owner at the hdehladnem, to aomply whin the applicable doing business laws ofdiastase In which the land Is ativated. 6. Involitl4y or ves nferceeblsiy of the lien of the Insured mortgage, Or claim thereof, mkh arises but of the transaction evidenced by fire Insured mortgage and is based upon usury or my consumer credo proteaton ortndh In landing law. 6. Any claim, Which Week out of the transaction vesting In the Insured the estate of interest insured by this policy or The transaction creating the hnemet of the Insured tender, by mean of the operation of federal bankruptcy, state Insolvency or simlar raditorarights laws. EXCEPTIONS FROM COVERAGE • SCHEDULE E, PART 1 This policy does not Irmun, against lose or damage (and the Company will notpay coats. allomeye' fees or expenses) which edge by reason 0.. 1. Taws or assessments which am not Shown as existing Mara by the records of any taxing authority that Was Wall or assessments on real property or by the public records. Proceedmga by a pubic agency which may result In taxes W MmAmenta, ofMUMS at such proceedings, whemr or not shown by the records of such agency or by the public records. 2. Any facts, tights, Interests, r claims which are not shown by the public records but which could be escadatned by on inspection of the lard or which may be asserted by persons In possesslon thereof. 3. Easements, Mane orencumbrences, r claims thereof, not shown by do pubic records, 4. Discrepancies, Conflicts In boundary Lne$. shortage In lima, enoreaehmems. or any other lasts which a caned suftey World diastase, and Which are not shown by the public recrds. 6. (a) Unpatented mining claims; (b) reservations or exceptlarhs In patens or In Acts adhodxing tha Issuance thereof, (c) water rights, claims or title to water, whether or riot me maters excepted under (a), (f) or (c) are shown by the public records. 6. Any lien or right to a lien tor services, labor r material nil shown by the public records. CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (12-02.13) ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE EXCLUSIONS In addition io the Fxc ap6ons In Schedule B,You ate not Insured against lose, coats, ahomeys' fees, and expenses malting tram: 1. Governments] policepwrer, and me exlolerue rWogtien atthose portions of any law or govamment regulation oonceMrlg: a. balding; b. zoning; c. land use; d. Improvements on the Land; e. land dMalon; and f, envintrua lal protection. This Exclusion does not limit the coverage described In Covered Risk P.m. 14, 16. 16, 10, 19. 20, 23 or 27. 2. The failure of Yaw "Ung atfuzums, or any pan of them, to be constructed in accordance with applicable bulling codes. This Exclusion does not limit the ooveraga assorted ter Covered Risk 14 or 16. 3. The right to take the Land by condemning ft. This Exclusion does not limit the coverage described In Covered Risk 17. 4. Risks: a, that are created, allowed, or agreed to by You, whether or not dwy are recorded In the Public Records; It. that am Known loYou al the Policy Date, but nut to Us, union "are records in the public Records et the Polity Data; dad to CLTA subscribers in good standing as of the date of use. Ali other ruse we prehibfted. Reprinted under license or California LandTNe Assoclation. G. d., 6. Fa S. La a.' b, m 7. Th In no lose to You; or :cur anerthe Polloy.Datl does not limit the coveraga dmor1bod In Covered Risk 7, 6.e., 26, 25,27 or 25, ohms Mr Your Title. area speolfc ily described and refened to In paragraph S of Schedule A; and it or2l. or as a fraudulent transfer or conveyance under federal bankruptcy, state, B. Contamination, explosion, Ore, eaoding, vibration, fracturing, ewthquaka, orsubsiderme. P. Negligence by a person or an Entity exeredaing a right to extract or develop minerals, water, or any other substances. LIMITATIONS ON COVERED RISKS Your Insurance forthe following Covered Risks Is bmlted on the Owner's Coverage Statement as follows: For.Covaled Risk 15, 1.8, it. and 21 Your tioduetlbloArnourd and Our Misedmuen Dollar Limit of Llabllity shown In Schedule A. Tice, deduWbta amounts and coatroom dollar limits shown on Schedule A are as followa: .. our MaMmum Donor YourfteducMaAmount Unit of Uab$ny .Covered Risk 16: t,00% of Policy Aniourd Shawn In Schedule A or $2,600.00 $10.000.00 (whichever Is leas) Covered Risk Tot ,1 0%of Policy Amount Shown In Schedule A or $5,000.00 $ 26,000.0(1 (wNrhaver Is leas) :Covered Rink 10: ,t- t;55% of Policy Amami Shorn in Schedule A or$5,000.00 $201)(1.00 (whlrkaveris leas) ,Cgvorod R(sk 21; ;. ;, ts56% of Policy Amount Shawn In Schedule A or$2,500.00 $ 5,000.00 (whichever is lees) 2.000 ALTA_ LOAN POLICY(0S-0'146). EXCLUSIONS FROM COVERAGE TIM.EoCowinp,.maitsm ale,; Naprergly,+�alclt'tilA4:horiell?s;e;o,Itae�g® pf We policy, and this Company will not pay loss or damage, aerate, unsnaps' lees. ar orgionses that arina by isracen of. ' ;1::. ,,(a)..An7:Lrn, rn"�so:;w..VltAfadG, or g, trnmompl:rg0uleaan,{knclud(ng these relating to building and awning) mtricgng, mgulaomj, pfohnsiong, ar ro"Wing as ( lira aCatiJt4'k:j, nsa, oY r of mho tamd; (h) Ito or b rheires?esr, dlmcr4afoY!a, t0catlon of erry improvement staled an the Land; QN'} i4in ama9dh9atan o: klrrd; a (i' emarovsvnmmS profaa0an; .. nrtpr!'a.G .I�Cf aqy y ;I#O.w+caf th�+gs; lxw}v; a,?Skuets ¢; qr gavernmerval regulations. Thin Evchoilon Ila) doss not mortify ar imit the *average ptuidded ur0ar U,nvafssd R!ak 5. (b), AnyggryammgDio3rpvBi*OPWwai'siftys Woolen 1(b) dosa not madly or 0mkth r coverage provided under Covered Rlah 0. .., ,.., "r: RigbEa.oi gmkrsrft?iamalrFT'Ads Exclurlon does rMmodlyorflmtt000vmageproNdedtindar Cowrod Risk7ar S. A. 3. Deferoa,, Ilan*, anaantvagaan, adverse claims, or otharrnatlare (s) oea48tl, sugamd, asaamod, or agreed to by Ind Irursad Claimant; (b) ngl'Known:to lhauSyplripely:,trot,rpgaNetl.ht!}pE,PNpMq Recdttls at Data of Policy, but Known to Tho Insured Coloured and not dlndaaod In .;vdtGnp to.iha 4mpgraty;by 5tp.inWm'ad Claimant prfor 10llte data Ore Insured Claimant beoame an Insured under this policy; . (a) resulting in no lose or damage to rime Insured Claimant; . (0), opec{rkrgar crg5ted:s diseque0ktq:Data.af.Poltry Qwwever, this does not modify or Unit the coverage provided under Conrad Risk 11, 13 or 1e):Or r:.(e);-aesul(hpg-in:less ordamggq plat wapldhpt have been sustained If the Insured Claimant had paid voluefar the insured mortgage. •d,. Urxrdorspehfgy afrkalbRafli7e.Wpundligongagq;ireceuaq,ofBm lnahllllyar faguro clan lnsuratl Meompywidf appnsadie dpmgbualnaea lmwsof the state where the Land Is shooter. Tit— horisidityypr. monfordeabil0y4nwhola.ar In.ped of tliq;ann of The Insured Mortgage that NUN out all the brineaction evidenced by the Insured Mortgage and is band upon usulyor any consumer me& protection ortnithin{ending law. .0. .Any. clalre,by mason of the.ppafa$on 9f•{sderai.panlvOp04g,,state Insolvency, or similar aaditore' rlgNa laws, that the transaction evea Ing the Ilan of 5ra insured Mortgage, Is (a) o fmud(tw4 colweyanca er fmuduent benafar, or .(b) apreferamimtrensferforanyraasonrwtma4zdleCovered Rtskl3(b)ofihiepoloy. 7. Any Ilan on the:Tinefgr met sidatn'tainie or apseaanento Imposed by govornmemal authority and created of attaching between Date of Policy and fha;dmda aP:eo*ardinp.oY 01a31msuietl,PPpOgzg@ht-@e.P,uhtiy¢eeords. We Exclusion does not modify or limit the coverage provided under Covered Risk 11(a). - The above pdioyform mayba)eouar) to sperm alQher tnendard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, The poosp(lons.0om Cgwsoggin.a Standard Coverage policy will also tnciudo Via following Exceptions from Coverage: EXCEPT$ONS FROM COVERAGE cDpt so ovidetidin Sschedidae by mo Part IL( tar T)hI% policy does not Irracre against loss or darrepa, and the Company vdi not pay costs. attorneys, feesA mom One —CA Ray.030&]t4 w__— ® California Lend 715a Assn*tatl®e. Ali tigers n;ioN d. ... Tire,u4e.ofthItFomr)gAesldQpd;0.CLTAa46±0a:Obors.Ino.ggd stending as Who date of me. All other uses are prohibited. Reprinted under license or (PARTI {The above pdfay torn may be Issued to aNmd wirer Standand Coverage or Extended Coverage. In addition, to dhe above ExdusJorea {mmCavemge, are Fxaptil from Coverage in a Standard Coverage poky wall also hldude the following Exceptions from Coverage: ; . 1. (a) Taxes or assesanenk thow ot am not shown as misting Ilene by the mcards Of any taxing authority that levieDtowm .or.assmonnim o on reel property or by the Public Records; (b) proaedngs by a pubtia agency that may reach lit taxes or asaeasmenle, or mouse of such proceed ril Whether or no ehe=by the reams of such agency or by the Public Records. %. . 2. Any facts, lights, IMert ais, or claims that era not shown by the Pubdo Records but that could be asanslned by an.lasp ictionaf tge.tend vrlbov. may be asserted by feemons Inpasessian of fhe Land. , a. Easements. Ilene or encumbrances, or claim thereof, not shown by the public Reams. 4. Any encroachment enmmmrance, violation, variation, or edrema droumatowe offering the ?die tha .would b;6-' clgBdj by; an:dccuram epd: c complete land survey afthe Land and not shown by the Public Records. 6. (a) Unpaterded mining claims; (b) reservations or axoeptiew in patonk or In Acte eutunlzfng the Issuance thereof, (a) Water rlohle, claims or 0%10 water, whether or not the maere exaplad under (a), (b).Or are ahoWn by the Public Roarde. e. Any pan or dght toa lion for eemloee, "OF Of Malawi net shown by de Public Records.) PART II ., , .. .. In addition to the madam set form in Pad I of this Schedule, the Tige is sub)ect to the following mattere, and tie Company Insures against fwe of damage sustaired In me event that MY are not subordln* to the Ken more Insured Mortgagal 2006ALTAOWNER'$POLICY (06.17-06) EXCLUSIONS FROM COVERAGE The f emMu t paatteers m exby opn eresely excluded from the coverage of this Pndryf., and -the Company will not pay loss m danSeba; odela,"expenedomeye' lees, or 1, (a) Any law, ordinance, permit, at govommerdal mgUletion including those totaling to budding and aroning) resbktirhg, regulating, prohlbiing, Or relating to W the occupancy, use, or BPJoyment of the Land; 01) the character, dimensions. orecagon Of argl improvement cooled an the Lend;.. 010 the subdivision of land; or ov) erMminmntal prows cur the adeq of any violation of governmental Iowa, ordinances, or regulations. TNs Exdusiw 7(a) dws riot modlynr NIhH.me'ravemge provided under Covered Riak 6.- - (b) Any governmeMM police power. This aeluslon 1(b) does not modlry orllmil the coverage provided rattler CohreMdRIskB 2. Rights ofemmont domain. This Exclusion does not modfym'Kmdtmcfyorli itthe cderage Povemd und7 era <D^ ,cp. •;r er--�.,�,. a. Defeats, hens, ancumbrances, adverse claims, or olhermalrem (a) traded, sanded, assumed, cur egmal coo bythe Insraed Claimant: ry !•. ✓ : •::r, ,•; eri •,:;• :. . (b) nm blown to the Compaq, not reardetl M the Publlo Reams at Dam of Pa0cy, bra Known to the Insured•GalmaM.argknbtdado6etl•In wrNng to me Conrparry by the Insured Clehnem Eder to the dale the dmured Cleimard hecarrk.an Insured under thtaPdticq;_,+:: ^ • : :.;, _r _: , -. {c) meuldng in no lose ndamege Io.IFn Insured ClBimanb ' -' -"' (d) attarmlrg or seated ahmsaqueM te pate oFPollry (howemn rate does nm mad' orllmitdte cmrera Y or dY tie pravldedvndar CoxaredRlsk gandl�; (eJ resulting In loss cur damage mat Would not have peen 9ueialnea d the Insured ClatmaM had paid vatubTorlhe'TiKe:: y� - �.:? •:� r a. Any clelmh, by reason of the operation m federal damwptoy, state dnsolvenry, or abNlbr cmdlWm' tights laws, Bret the.fremeodoa vealing-Ike.:Tlge as mown in SahBtlUIB A, N is) a taudutanl arnveyanoa m fraudulent lranefer; m . " . (b) a preferendel lrensfertor ally reason notataled In Covered Rlek g afaria policy. - : .r / 6. Army gam an the TIKB far real estete taxes or aesessmeMa imposed Mr gwemmenlal aUthonty and coaled or adaching bebaeen Dak ofPulkyahtl time data of recording mtha deed oromm aabum6nt mramfer in mho Public Records ihPt vests MID as shown In Schedule A. The above pogq farm may be Issued to afford either Standard Coverage or Extended Coverage. In addition to the above Excepions from Ccvarsge,.tha Exception tam Coverage in a ftrolord Coverage policy will also Include the following ExwpKom from Coverage: i EXCEPTIONS FROM COVERAGE , Thk pogry does not insure againt loss m tlamago, and tfh"Oom'pany wlK nat pay costs, attorneys' fees are that @ilati by f4eean af.^ - {The above pdiq mar maybe Iseuetl to egad either Stanc M Coverage cur Eeanded Coverage. In addtion te the abpwe EticNatans frdm Cowmge, the Ehtoepuons flnm Coverage k a Standard Cwerege-pallq vAll also Include are allowing Exception from were' i, (a) Taxes or easesynan6 mat am net shwa as axhim Ikelie by the reaarde m any taring eulhodgr mat tevles taxer d asgaasltt'dn.. an eel pwlmethe, he o not ehoxh in ante gam a agency cur by the Public Recordamay result In taxes or aesesemenU or nrtgoeB w aubn Prp eeall�s, .. . 2. Arty facts, dghis, Immeats, m doma that ere nm shown th the Public Reams but that could he aswdatrred b� art fn9pec'ddn of ii+e' [end'c'ylhrtl' mey be assaded by person th Downes." mtha LerM. - a. Easemams, Ilene m acumtxanms, or claims Ihemed rot crown by tie Pool Ramos. a. Arcy encmsohmeM, encumbrarxs, vitiation, varmdon, or adverse drcumetance affecting the TRe that anx4l be dlsdosad by a'n aocurdfa and complete land survey mlhe Landand ghat am not shown by me Pub0c Records. & (a) Unpatenleq mining Galata; @) msanrodana m excepton 6h potente or In Acts authorizing the issuance mareat (d) meter rights, dolma aroma to water, W hether or not lha mettersexcepted under (a), (b), or (o) are shown by the Public Records, _ 6. Anygen or right to a lien far services, labor ormaterial not shaven by Khe public Records. ) 7. {Variable exceptlen such as texas, easomems, CCRR% eta, shown hem.) maerved. The use express atandng as of the date of use. AS other uses are prohl6lfed. Reprinted. undet Iftbde of The 2. S. ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY —ASSESSMENTS PRIORITY (0"245) EXCLUSIONS FROM COVERAGE me are expressly excluded from the coverage of this pulley and the Company WE not pay lose or damage, costs, attorneys' fees a as by reason at. ordinance, permit, Or governmental regulation (Including indoor relating to building and zonmg) restricting, regulating, prohbgng, or the (b) Any governmental pc or Ia. Rights of eminent domain. Date*. Hero, encumbran� (a) seated, sugaed, ass (b) not Known to the Cc (d) wrltm®to the Comps resueing in no lose or (d) attaching or erected i 17,18,10, 20, 21, 22 4. Unenfaceabildy the state whore I g. invalidity a one Mortgage and Is provided In Cove 8. Any claim OF ban sent of the Lord; location of any Improvement erected on the Land; on of these laws, ordinances, or governmental regulations. TWO Exclusion 1(a) does not modify or limit the coverage 3tek a, e. 13(c), 13(d), 14 or 10. poser. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Rlsk e, 5,13(c), 13(d), 14 i Exclusion does not modify or limit the coverage provided tender Covered Reek 7 or S. at Date of Policy, but Known to the Insured CI Merit and not disclosed in �e Insured Claimant became an Insured under this policy; Date of Policy (hmvever, this does not motley or lime the coverage Provided under Covered Risk 11, 10, Insured Claimant had paid value for the Insured Mortgage.' f or failure of an Insured to comply wins applicable dolrgbuslneas loved of In whole or In pad of go Ilan of the Insured Mortgage that adeae out of the Transaction eVldatlo tel by the Insured usury, of any consumer credit protection a tndh•ln4endlrg law. This Exclusion does not madly or limit the coverage IN Insured Mortgage as to Advances or modMcatlons made after the Insured owner of the estate a interest covered by this pogoy, This Excluslon does not 7. Any Ilan on [he Title for met estate taxes or assessments Imposed by govemmentM authority and created a attaching subaegtpm to Date of.. Policy. This Exclusion One hot =i fhy or limit the coverage provided In Covered Rabe II(b) orEB. I" 8. The failure of the maaential abuvium. Or any portion of it, to have been constructed before, other aftei Data of Policy Oh aoboldenoevsith epplicebie bidding codes. The Exclusion dead not modify or limit the coverage Provided In Covered Rtsk a or 8. a. Any claim, by reason of the operation or federal bankmptcy, date Insolvency, or similar creditors' rights Iowa, that the transaction creating the tied of the Insured Mortgage, IS (a) a traudulenl conveyance or frardulwdtranear, or (b) a preferan idmotsarfor any reason not stated in Covered Risk 27(b) of this policy. . 10. Contamination, explosion, fire, flooding, vibrellon, frecludrp. earthquake, or subeMence. 11. Negligence by a paraoh or On Emily axerclaIng a right to extract ordevelop minerald, water, a any Omer subsancea The use orl his Fenn Is restricted b CLTA subsrxarere In goad standing as of the date cruse. NI other uses are prohibited. Repdmed under license a express permission gram the California Lad Tma Association. �o FL 1�- ii a p➢y, FE A F d Z ygil-ff e m s O I `.0• I I i e �� 6t I 1 1m ! B s County Deed Quitclaim Deed County to City Pmjwt Noma Santa Ana Properly Exchange RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of Santa Ana City Manager 20 Civic Center Plaza Santa Ana, California Attn: Kristine Ridge And County of Orange CEO Real Estate 333 West Santa Ana Blvd., 4a' Floor Santa Ana, California Attn: Thomas A. Miller No Recording Fee Pursuant to Gov't Code § 27383 No Documentary Transfer Tax Pursuant to Revenue & Taxation Code § 11922 Above for Recorder's Use) QUITCLAIM DEED The undersigned grantor declares: Documentary transfer tax is shown on the accompanying statement and is not for public record. FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the County of Orange, a political subdivision of the State of California ("Grantor'), hereby quitclaims to the City of Santa Ana, a municipal corporation organized and existing under the laws of the State of California ("Grantee"), all right title and interest in the real property located in the City of Santa Ana, County of Orange, State of California, described in Schedule 1 attached hereto and incorporated herein by reference (the "Property'D. SUBJECT TO: General and Special Real Property Taxes for the current fiscal year. 2. Covenants, conditions, restrictions, easements, reservations, rights, and rights -of - way of record. Page 1 of le PmjM Namo: Sm to Ma Fwpcq Exchange COUNTY OF ORANGE A political subdivision of the State of California Thomas A. Miller, Cbief Real Estate Officer per Board of Supervisors action February 28,2023 APPROVED AS TO FORM: By: Deputy County Counsel Project NMm SmM Ana Property Exchmoe Page 2 of 10 STATE OF CALIFORNIA COUNTY OF On _ before me, , personally appeared (or who proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Page 3 of 10 Pwjwt Name: Santa Ana Property Exchange (Seal) OF ACCEPTANCE This is to certify that the interest in real property conveyed by the within deed or grant to the CITY OF SANTA ANA, a California mumicipal corporation, is hereby accepted by order of the City Council of Santa Ana, California, and the CITY OF SANTA ANA consents to recordation thereof. CITY OF SANTA ANA, a municipal Corporation organized and existing under the laws of the State of California Title: Date: APPROVED AS TO LEGAL FORM: By:_____._..._________� City Attorney Project Name: Santa Ana Pmpeny Exchange Page 4 of 10 Schedule 1 to Quitclaim Deed Legal Description of Property All that certain real property located in the City of Santa Ana, County of Orange, State of California, described as follows: (Attached hereto and made part hereof) Page 5 of 10 Project Name: Santa Am Pmpa ty Ex0bange EXHIBIT A LEGAL DESCRIPTION (PROPOSED PARCEL CONFIGURATION) PARCEL Al: A certain portion of land in the City of Santa Ana, County of Orange, State of California over Parcel No. 3.11 described in Quitclaim Deed to County of Orange recorded March 3, 1994, in Instrument No. 94-0153374, and over Parcels 1, 2, 6, 7, and 8 described in Quitclaim Deed to the City of Santa Ana recorded July 29, 2005 as Instrument No. 2005000590714, all of Official Records in the office of the County Recorder of said County described as follows: COMMENCING at the northeast comer of said Parcel No, 3,11; Thence, easterly along the south line of Civic Center Drive, as shown in Record of Survey recorded in Book 149, Pages 49 to 50, of Record of Surveys in the office of the County Recorder of said County, South 89°15'22" East, 132.50 feet to the intersection of the west line of Van Ness Avenue (abandoned) and the TRUE POINT OF BEGINNING; Thence, southerly along the west line of Van Ness Avenue South 00040143" West, 238.95 feet to the intersection with the easterly prolongation of the north line of Parcel 1 of an agreement between the City of Santa Ana and the County of Orange, recorded December 29,1971, in Book 9946, Page 76 of Official Records in the office of the County Recorder of said County; Thence, westerly along said line North 89°19' 17" West, 62.50 feet to the northeast comer of said Parcel 1; Thence, continuing westerly along the northerly line of said Parcel 2 North 89019' 17" West 70,00 feet to the east line of said land described in Book 7879, Page 504 of Official Records; Thence, southerly along said east line South 00040'43" West 13.89 feet to the intersection with the easterly prolongation of Course No. 12 of Parcel I of a deed to the State of California, recorded July 13, 2012 in Instrument No. 2012000397238 of Official Records, in the office of the County Recorder of said County; Thence, westerly along said line North 89°15'22" West, 9.87 feet to the northerly terminus of Course No. 11 of said Parcel 1; Thence, along the easterly and southerly line of said Parcel 1 South 00°44'38" West 90.70 feet; Thence, North 89°15'22" West, 333.09 feet; Thence, South 00°44'38" West, 163.90 feet; Thence, South 89*15'22" East, 8.30 feet; Page 6 of 10 Thence, South 000441381, West, 35,50 feet to the easterly terminus of Course No. 6 of said Parcel 1; Thence, easterly along the easterly prolongation of Course No. 6 of said Parcel 1 South 89015'22" East, 33.19 feet to the intersection of east line of Lot 12, Block A of the Chilton Tract Addition as per maps recorded in Book 34, Page 93 of Miscellaneous Records of Los Angeles County, California, in the office of the County Recorder of said Orange County; Thence, southerly along said easterly line of said Lot 12 South 00140'43" West .103.38 feet to the intersection with the south line of Sixth Street as Abandoned per Resolution 69-27 by the Santa Ana City Council, recorded on February 19, 1969, in Book 8878, Page 863 of Official Records in the office of the County Recorder of said County; Thence, easterly along the south line of Sixth Street South 89020'31" East 154.80 feet to the intersection of Parton Street; Thence northerly along the centerline of Parton Street North 00°40'43" East to the intersection of the centerline of Sixth Street; Thence, easterly long the centerline of Sixth Street South 89°20'3I"Fast 410.64 feet to the northwesterly line of a land described in a deed to the State of California, recorded September 26, 2007, in Instrument No, 2007000582904 of Official Records in the office of the County Recorder of said County; Thence, northeasterly along the northwesterly line of said land North 45°43'59" East 19.47 feet to a tangent curve, concave northwesterly having a radius of 26.00 feet; Thence, northwesterly along said curve through a central angle of 71°14'38" an are length of 32.33 feet; Thence, along the northwesterly and northerly line of said land North 450421191, East, 0.66 feet Thence, South 89121'32" East, 138.81 feet to a line 40.00 feet parallel with and westerly of the centerline of Ross Street; Thence, along said parallel line, South 00*03127" West, 14.13 feet to the northerly line of said Sixth Street; Thence, along the northerly line of said Sixth Street South 89020131" East, 10.00 feet to the west line of Ross Street as shown in Stout's Addition per Maps recorded in Book 6, Page 28 of Miscellaneous Maps in the office of the County Recorder of said County; Thence, northerly along said west line North 00003' 27" East, 416.39 feet to the northeast corner of Lot 8 of said Stout's Addition; Thence, along the north line of said Lot 8 North 89016'05" West 23.00 feet to the east line of Parcel 7 of a deed recorded on July 29, 2005, in Instrument No, 2005000590714 of Official Page 7 of to Records in the office of the County Recorder of said County, said east line is also 53.00 feet parallel with and westerly of the centerline of Ross Street; Thence, along said westerly parallel line North 00003'27" East 49.93 feet to the northerly line of Lot B of said Stout's Addition; Thence, along the north line of said Lot B South 89'15'30" East, 23.00 feet to the west line of said Ross Street; Thence, along said westerly line North 00103'27" East, 94.30 feet to a tangent curve, concave southwesterly having a radius of 25.00 feet; Thence along said curve through a central angle of 89°18'50" an are length of 38.97 feet to the south line of said Civic Center Drive; Thence, along long said southerly line North 89'15'22" West, 268.26 feet to the TRUE POINT OF BEGINNING. Containing an area of 7.24 AC., more or less. See Exhibit B attached hereto and by this reference made a part of. Page 8 of 10 FLOWER ST. (FORMERLY ORANGE ST.) g I I I I I 66' I I I i I 0$� r__I�! .. I GARNSEYBT. (ASNDJ � .6 } s99�aa'ae�w 1c so' Y I 9 2 f- — PARTON BT_ GIBNDJ Las L2a VMML 99�91'.N0. _ aa0.moasaaHa aa. A h7 L6 �� M jQ[ '�C] I naws.a 6 h 5 OA. Aai9119 1 1p _ .. I I I I c 11 1 ! �9I I L19 1 fJl 100A9' -� W L21 — o ROBS ST — Page 9 of 10 Page 10 of 10 EXHIBIT E Quitclaim Deed City to County Protect Name: Soma Am Pmpe yExchange RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of Santa Ana 20 Civic Center Plaza Santa Ana, California Attn: City Manager County of Orange CEO Real Estate 333 West Santa Ana Blvd., 3`d Floor Santa Ana, California Attn: Thomas A. Miller No Recording Fee Pursuant to Gov't Code § 27383 No Documentary Transfer Tax Pursuant to Revenue & Taxation Code § 11922 Above for Recorder's Use) QUITCLAIM DEED The undersigned grantor declares: Documentary transfer tax is shown on the accompanying statement and is not for public record. FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the City of Santa Ana, a municipal corporation organized and existing under the laws of the State of California ("Grantor"), hereby quitclaims to the County of Orange, a political subdivision of the State of California ("Grantee", all right title and interest in the real property located in the City of Santa Ana, County of Orange, State of California, described in Schedule 1 attached hereto and incorporated herein by reference (the "Property'l. SUBJECT TO: General and Special Real Property Taxes for the current fiscal year. 2. Covenants, conditions, restrictions, easements, reservations, rights, and rights -of - way of record. Project Name: Santa Ana Fm0 w F.J{QkMe Page t of 10 MY OF SANTA ANA Title: Date: APPROVED AS TO LEGAL FORM: By: City Attorney P4wl Name: Santa Am Property Exnhage Page 2 0(10 STATE OF CALIFORNIA COUNTY OF On before me, _ , personally appeared (or who proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capaeity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Project Name: 5aata Ana Property Exchange Page 3 of 10 (Seal) CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the within deed or grant to the COUNTY OF ORANGE, a political subdivision of the State of California, is hereby accepted by order of the Board of Supervisors of Orange County, California, and the COUNTY OF ORANGE consents to recordation thereof. COUNTY OF ORANGE A political subdivision of the State of California Thomas A. Miller, Chief Real Estate Officer per Board of Supervisors action February 28,2023 APPROVED AS TO FORM: By Deputy County Counsel Office of the County Counsel Orange County, California Page 4 of 10 Project Nome Santa An Property Exchange Schedule 1 to Quitclaim Deed Legal Description of Property All that certain real property located in the City of Santa Ana, County of Orange, State of California, described as follows: (Attached hereto and made part hereof) Project Name: Santa Ana ProPage 5 of 10 Property Exchange PARCEL BI: A certain portion of land in the City of Santa Ana, County of Orange, State of California over Parcel No. 3.11 described in Quitclaim Deed to County of Orange recorded March 3, 1994, hi Instrument No. 94-0153574, and over Parcel I described in Quitclaim Deed to the City of Santa Ana recorded July 29, 2005 as InattumentNo. 2005000590714, all of Official Records in the office of the County Recorder of said County described as follows: COMMENCING at the northeast comer of said Parcel No, 3.11; Thence, easterly along the south line of Civic Center Drive, as shown in Record of Survey recorded in Book 149, Pages 49 to 50, of Record of Surveys in the office of the County Recorder of said County, South 89015'22" East; 132.50 feet to the intersection of the west line of Van Ness Avenue (abandoned) and the TRUE POINT OF BEGINNING; Thence, southerly along the west line of Van Ness Avenue South 00140'43" West, 238.85 feet to the intersection of the easterly prolongation of the north line of Parcel 1 of an agreement between the City of Santa Ana and the County of Orange, recorded December 29,1971, in Book 9946, Page 76 of Official Records in the office of the County Recorder of said County; Thence, westerly along said line North 89°19' 17" West, 62.50 feet to the northeast corner of said Parcel 1; Thence, continuing westerly along the northerly line of said Parcel 2 North 89°19' 17" West 70.00 feet to the east line of said land described in Book 7879, Page 504 of Official Records; Thence, southerly along said east line South 00140'43" West 13.89 feet to the intersection with the easterly prolongation of Course No. 12 of Parcel 1 of a deed to the State of California, recorded July 13, 2012 in Instrument No. 2012000397238 of Official Records, in the office of the County Recorder of said County; Thence, westerly along said line North 89015'22" West, 9.87 feet to the northerly terminus of Course No. 11 of said Parcel 1; Thence, continuing along the north and east lines of said Parcel I North 89°15'22" West, 27.60 feet; Thence, North 00°44' 38" East, 17.50 feet; Thence, North 89115'22" West, 35.20 feet; Thence, North 00*44' 38" East, 52.20 feet; Thence, North 89°l5'22" West, 0.50 feet; Thence, North 00°44' 38" East, 58.92 feet to a tangent curve, concave southwesterly with a radius of 101.13 feet; Page 6 of 10 Thence, along said curve through a central angle of 90°00'00" an are length of 158.85 feet to a tangent line; Thence, North 89* 15'22" West, 51.32 feet to a tangent curve, concave northeasterly with 4 radius of 14.20 feet; Thence, along said curve through a central angle of 53°25'08" an are length of 13.24 feet to a non -tangent line with a radial to which bears South 54109'46" West; Thence, North 00144'38" East, 17.40 feet to the south line of said Civic Center Drive; Thence, easterly along the said south line South 8995*22" East, 369.24 feet to the TRUE POINT OF BEGINNING. Containing an area of 0.53 AC., more or less. See Exhibit B attached hereto and by this reference made a part of. Page 7 of 10 BASIS OF BEARINGS: The Basis of Bearings for this description is based on the California Coordinate System (CCS83), Zone VI, NAD83, OCS (2007) Epoch Adjustment as determined locally by a line between Continuous Global Positioning Stations COPS stations (OEOC) and (SACY) being North 80143'39" East as derived from the coordinates published by the California Spatial Reference Center (CSRC) along with data sheets on file in the Office of the County Surveyor. All distances shown are Grid, unless otherwise noted. To obtain ground distances multiply grid by a combined factor of 1.00001960. rr , '7 _ 10/31/2022 Michael A. Kubisty, PLS 8036 Page 8 of 10 FLOWER ST. (FORMERLY ORANGE ST.) w c°i GARNSEY ST. (ABND) _ 5 so9sosaswle D.z A se...° M bd 8 Psi I ss�� 1' G cl L4 x s /-1$pWll �s C I'r $, I VAN NESS AVE. M'+D'a]^w _ (ABNDJ g9 YDDU]kifi 418,39' - -' W xoss sm, Page 9 of 10 ƒ\\ƒ/ Ia log f#y RR )E !| IT [[|| ,�# .� , \¢ §{;§■§,J!(| k[(� ƒ Page 10#_