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F JRr° "RASE AND SALE AGREEMENT FOR ACQUISITION OF REAL PROPERTY
AND BILATERAL ESCROW INSTRUCTIONS
THIS AGREEMENT (hereinafter "PSA "), entered into on
2 010, between the CITY OF SANTA ANA, a charter city and municipal corporation duly organized
under the Constitution and laws of the State of California (hereinafter "City" or "Buyer "), and MULLER-
MCFADDEN LLC, a California limited liability company, and MULLER- MCFADDEN 2 LLC, a
California limited liability company, as tenants in common (formerly known as Muller -Rock 1 LLC, a
California limited liability company who acquired title as Muller- Rack -1 LLC, a California limited
liability company) (hereinafter "Seller "), regardless of number or gender;
THEREFORE, for and in consideration of their mutual promises, covenants and agreements, and
subject to the terms, conditions and provisions of this PSA, Seller agrees to sell to City, and City
agrees to purchase from Seller, a portion of that certain real property (hereinafter "Said Real
Property ") legally described and depicted as follows;
SEE EXHIBIT "A" — Legal Description
and EXHIBIT "B" — Graphical Depiction
ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF
(Commonly known as a portion of 1766 E. McFadden Avenue and 1261 S, Lyon Street, Santa Ana, CA)
Said purchase and sale of Said Real Property shall be in accordance with and subject to all of the
following terms, conditions, promises, covenants, agreements and provisions, to wit:
1. Closing Date. "Closing Date" means 2010.
2. Title to be Conveyed. (a) The Seller's interest to the Real Property will be conveyed to City
by Seller by Grant Deed as set forth in this PSA.
(b) Seller agrees to convey to City a Temporary Construction Easement Deed (hereinafter "TCE ") as
described in the attached Exhibit "A -1" and depicted on the attached Exhibit "B." The TCE is also
described in greater detail in the TCE attached hereto and by this reference made a part hereof
3. Property Taxes. Real property taxes, if any, on Said Real Property for the fiscal year within
which Said Real Property is conveyed to City as are unpaid at the time of said conveyance shall be
cleared and paid in accordance with the provisions of Section 4986 and 5081 of the Revenue and
Taxation Code of the State of California. All unpaid taxes on Said Real Property for any and all years
prior to the fiscal year within which said conveyance is made shall be paid by Seller before
conveyance of Said Real Property to City.
4 Payment of Purchase Price. City agrees to pay to Seller, and Seller agrees to accept from
City, as and for the full purchase price for Said Real Property, fixtures & equipment, improvements
pertaining to the realty, goodwill (if any), severance damages (if any), and a TCE, the total sum of
Thirty Thousand and No/100 Dollars ($30,000.00).
5. Deadline for Payment of Purchase Price. City agrees to pay the purchase price of Thirty
Thousand and Noll 00 Dollars ($30,000.00) to Seller on or prior to the Closing Date..
6. Recordation of Grant Deed. Buyer shall execute and deliver Grant Deed to Seller on or prior
to the Closing date.
7. Possession. Seller agrees to deliver to City, on the date the Deed conveying Said Real
Property to City is recorded, quiet and peaceful possession of Said Real Property.
8. AS -IS. Buyer hereby acknowledges, agrees and represents that the Said Real Property is to
be purchased, conveyed and accepted by Buyer in its present condition, "AS IS ", "WHERE IS" AND
WITH ALL FAULTS, and that no patent or latent defect or deficiency in the condition of the Said Real
Property whether or not known or discovered, shall affect the rights of either Seller or Buyer
hereunder nor shall the Purchase Price be reduced as a consequence thereof. Buyer expressly
acknowledges and agrees that Buyer is not relying on any representation or warranty of Seller, nor
any member partner, officer, employee, attorney, property manager, agent or broker of Seller,
whether implied, presumed or expressly provided at law or otherwise, arising by virtue of any statute,
common law or other legally binding right or remedy in favor of Buyer.
9. Limitation of Seller's Liability Buyer on its own behalf and on behalf of its agents,
members, partners, employees, representatives, related and affiliated entities, successors and
assigns hereby agrees that in no event or circumstance shall any of the members, partners,
employees, representatives, officers, directors, agents, or affiliated or related entities of Seller have
any personal liability under this Agreement, or to any of Buyer's creditors, or to any other party in
connection with the Said Real Property and the transactions contemplated herein.
10. Costs and Expenses. If the transaction contemplated by this Agreement is consummated
and except as expressly provided herein, Buyer shall pay any and all closing costs and expenses,
other than Seller's legal and professional fees.
11. Release. Except as expressly provided herein, Buyer on its own behalf and on behalf of its
agents, members, partners, employees, representatives, related and affiliated entities, successors
and assigns, and the respective officers, directors, shareholders, partners, members, employees, and
agents of each of them hereby agrees that Seller and each of its employees, representatives,
property managers, asset managers, agents, attorneys, affiliated and related entities, heirs,
successors and assigns (collectively, the "Releases ") shall be, and are hereby, fully and forever
released and discharged from any and all liabilities, losses, claims (including third party claims),
demands, damages (of any nature whatsoever), causes of action, costs, penalties, fines, judgments,
attorneys' fees, consultants' fees and costs and experts' fees (collectively, the "Claims ") with respect
to any and all Claims, whether direct or indirect, known or unknown, foreseen or unforeseen, that
may arise on account of or in any way be connected with the Said Real Property including, without
limitation, the physical, environmental and structural condition of the Said Real Property or any law or
regulation applicable thereto, including, without limitation, any Claim or matter (regardless of when it
first appeared) relating to or arising from (i) the presence of any environmental problems, or the use,
presence, storage, release, discharge, or migration of hazardous materials on, in, under or around
the Said Real Property regardless of when such hazardous materials were first introduced in, on or
about the Said Real Property, (ii) any patent or latent defects or deficiencies with respect to the Said
Real Property and (iii) any and all matters related to the Said Real Property or any portion thereof,
including without limitation, the condition and/or operation of the Said Real Property and each part
thereof. Buyer hereby expressly waives the provisions of Section 1542 of the California Civil Code
which provides:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE
CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT
THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM
MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE
DEBTOR."
12, Waivers. The waiver by City of any breach of any covenant or agreement herein contained
on the part of the Seller shall not be deemed or held to be a waiver of any subsequent or other
breach of said covenant or agreement nor a waiver of any breach of any other covenants or
agreements contained herein.
13. Heirs, Assigns, Successors -in- Interest. This PSA, and all the terms, covenants and
conditions hereof, shall apply to and bind the heirs, executors, administrators, successors and
assigns of the respective Parties hereto.
14. Time is of the Essence. In all matters and things hereunder to be done and in all payments
hereunder to be made, time is and shall be of the essence.
15. Notices. The mailing address of the City of Santa Ana is 20 Civic Center Plaza, M -36, P.O.
Box 1988, in the City of Santa Ana 92701, County of Orange, State of California. The mailing
address of the Seller is:
Muller- McFadden LLC and Muller- McFadden 2 LLC
2351 Paseo de Valencia #2090
Laguna Hills, CA 92653 -3107
ATTN: Hugh Fast
16, Entire Agreement. It is mutually agreed that the Parties hereto have herein set forth the
whole of their Agreement. Performance of this PSA by City shall lay at rest, each, every, and all
issue(s) that were raised or could have been raised in connection with the acquisition of Said Real
Property by City.
17. Modification and Amendment This PSA may not be modified or amended except in writing
signed by the Seller and City.
18. Partial Invalidity. Any provision of this PSA that is unenforceable or invalid or the conclusion
of which would adversely affect the validity, legality, or enforcement of this PSA shall have no effect,
but all the remaining provisions of this PSA shall remain in full force.
19. Captions. Captions and headings in this PSA, including the title of this PSA, are for
convenience only and are not to be considered in construing this PSA.
20. Governing Law. This PSA shall be governed by and construed in accordance with the laws
of the State of California.
21. No Reliance By One Party On The Other. Each party has received independent legal advice
from its attorneys with respect to the advisability of executing this PSA and the meaning of the
provisions hereof. The provisions of this PSA shall be construed as to their fair meaning, and not for or
against any party based upon any attribution to such party as the source of the language in question.
22. No Third Party Beneficiary. This PSA is intended to benefit only the Parties hereto and no
other person or entity has or shall acquire any rights hereunder.
23. Duty To Cooperate Further. Each party hereby agrees that it shall, upon request of the other,
execute and deliver such further documents (in form and substance reasonably acceptable to the party
to be charged) and do such other acts and things as are reasonably necessary and appropriate to
effectuate the terms and conditions of this PSA, without cost.
24. Applicability of Agreement To Assianees. This PSA shall be binding upon and shall inure to
the benefit of the successors and assigns of the Parties to this PSA.
25. Authority to Execute Aareement. Each undersigned represents and warrants that its
signature hereinbelow has the power, authority and right to bind their respective parties to each of the
terms of this PSA, and shall indemnify City fully, including reasonable costs and attorney's fees, for any
injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory
or is withdrawn.
26. Incorporatlon of Exhibits. All Exhibits referenced herein and attached hereto shall be
incorporated as if fully set forth in the body of this PSA.
27. Other Provisions. The obligation of Seller, on the one hand, to consummate the transactions
contemplated hereunder are conditioned upon written approval, from all lenders holding a deed of trust
against this real property, of this PSA.
IN WITNESS WHEREOF, the Parties hereto have executed this PSA on the date and year first
written above.
SELLER:
City /Buyer
City of Santa Ana
< <J
David N. Ream
City Manager
Attest:
Maria D. Huizar
City Clerk
Approved as to Form:
Joseph W. Fletcher
City AttornS4,
an#ging Senior Assistant City Attorney
MULLER - MCFADDEN LLC,
a California limited liability company
By: _ V_ 0,
Name: J M. Mulle
Its: Mahgber
MULLER - MCFADDEN 2 LLC,
a California limited liability company (formerly known as
Muller -Rock 1 LLC)
By: V�'O�
Name: An M. Muller
Its: Ma a er
Date: ZZ , 2010
Date: l z- , 2010
Date: _o�_c . 7 , 2010
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California
County of
On/tiOV. ICl/ o2D /6) before me, kVAI/%l IA�6,e4� I AI�TA �-
Date Here Insert Name And Title of the Officer
personally appeared 1K u- LLL`7Z-
Name(s) of Signer(s)
LYNN INGRAM
Commission s 1886084
-r Notary Public -California =
Orange County
MV Comm. Expires 11111111119.2014
Place Notary Seal Above
who proved to me on the basis of satisfactory evidence to
be the person;(s'jwhose name(t) is /are subscribed to the
within instrument and acknowledged to me that
he /sh@4hey executed the same in his/har4th eir authorized
capacity(j»a), and that by his /their signature(4 on the
instrument the personf4, or the entity upon behalf of
which the person(9T 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 m nd and officia seal.
Signat re
Signature o airy Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached DuAcument `L
Title or Type of Document:��C
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
C Individual
❑ Corporate Officer —Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
Guardian or Conservator
Other:
Signer Is Representing
RIGHTTHUMBPRINT
OF SIGNER
•• of thumb here
Number of Pages:
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s):
Partner — ❑ Limited ❑ General
❑ Attorney in Fact •
❑ Trustee Top of thumb here
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
02007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313 -2402 • www.NationalNotaryorg Item #5907 Reorder: Call Toll -Free 1-800-876-6627
Coast Surveying, Inc.
February 26, 2009
EXHIBIT "A'
LEGAL DESCRIPTION
MCF -PCL -2
THAT PORTION OF PARCEL 2 OF PARCEL MAP NO. 86 -337, IN THE CITY OF SANTA ANA,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN A MAP FILED IN BOOK 247,
PAGES 19 AND 20 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID PARCEL 2; THENCE ALONG THE
EAST LINE OF SAID PARCEL 2 SOUTH 09 629'31" EAST 13.34 FEET; THENCE SOUTH
44 °18'38" WEST 4.42 FEET; THENCE SOUTH 89 018'39" WEST 5.93 FEET; THENCE NORTH
45 °41'29" WEST 8.73 FEET; THENCE NORTH 00 °55'00" WEST 10.18 FEET TO THE NORTH
LINE OF SAID PARCEL 2; THENCE ALONG SAID NORTH LINE NORTH 89 028'54" EAST 13.23
FEET TO THE POINT OF BEGINNING,
CONTAINING 211 SQUARE FEET, MORE OR LESS,
ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A
PART HEREOF.
DATED THIS 26TH DAY OF FEBRUARY, 2009.
GWEN -VERA DEL CASTILLO, PLS 5108
REGISTRATION EXPIRES 6130/09
JN 10706944 Santa Ann MCF -PCI. 2 rev
Q �_ AND S
N DR
L.S. 5106 q .
�ul) EXP. 6/30/09 , ,�lj
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Coast Surveying, foe.
February26, 2009
EXHIBIT "A -1"
LEGAL DESCRIPTION
MCF -PCL -2
TEMPORARY CONSTRUCTION EASEMENT
THAT PORTION OF PARCEL 2 OF PARCEL MAP NO. 86.337, IN THE CITY OF SANTA ANA,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN A MAP FILED IN BOOK 247,
PAGES 19 AND 20 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID PARCEL 2; THENCE ALONG THE
EAST LINE OF SAID PARCEL 2 SOUTH 09 °29'31" EAST 13.34 FEET TO THE TRUE POINT
OF BEGINNING; THENCE SOUTH 44 018'38" WEST 4.42 FEET; THENCE SOUTH 69 018'39"
WEST 5.93 FEET; THENCE NORTH 45 041'29" WEST 8.73 FEET; THENCE NORTH 00 055'00"
WEST 10.18 FEET TO THE NORTH LINE OF SAID PARCEL 2; THENCE ALONG SAID NORTH
LINE SOUTH 89 °28'54" WEST 5.00 FEET; THENCE SOUTH 00 055'00" EAST 12.27 FEET;
THENCE SOUTH 45 °41'29" EAST 12.86 FEET; THENCE NORTH 89 018'39" EAST 12.39 FEET
TO THE EAST LINE OF SAID PARCEL 2; THENCE ALONG SAID EAST LINE NORTH
09 029'31" WEST 8.22 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 171 SQUARE FEET, MORE OR LESS.
ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A
PART HEREOF.
DATED THIS 26711 DAY OF FEBRUARY, 2009.
GWEN -VERA DEL CASTILLO, PLS 5108
REGISTRATION EXPIRES 6130109
IN 107069 -04 Santa Ann MCP•PCL -2 TCE rev
a SAND S
DES C��GF
C) { -�
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L. S, 5108 so i
�,A EXP. 6/30/09
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— S/ SURVEYING, INC.
RIGHT OF WAY & TEMPORARY CONSTRUCTION EASEMENT 15031 PARKWAY LOOP, SUITS 0
TUSTIN, CA 92780 -6527 (714) 918 -6266
PIR11C PL,L MAP 86-337
TEMPORARY CONSTRUCTION PAN.& 247 19-20
EASEMENT
BEARING
DISTANCE
S89' 28' S4' W
13. 23' [-'ARCCEL 4
S89028' 54' W
5. 00'
S00' S5' 00' E
12.27'
S45° 41' 29'C
12, 86'
N890 18' 39'E
12. 39'
N090 29' 31' W
8.22
N09° 29' 31' W
13,34'
5440 18' 384W
4. 42'
S89018' 39'W
5. 93'
N45° 41' 29' W
8. 73'
N00' S5' 00' W
10. 18'
mm 2-/2.5/09 F X H I Q-1 T F� �1 r
— S/ SURVEYING, INC.
RIGHT OF WAY & TEMPORARY CONSTRUCTION EASEMENT 15031 PARKWAY LOOP, SUITS 0
TUSTIN, CA 92780 -6527 (714) 918 -6266
Corse Surveying, Inc.
Fcbiruny 26, 2009
EXHIBIT "A"
LEGAL DESCRIPTION
MCF- PCL -2A
THAT PORTION OF PARCEL 4 OF PARCEL MAP NO. 86 -337, IN THE CITY OF SANTA ANA,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN A MAP FILED IN BOOK 247,
PAGES 19 AND 20 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY, DESCRIBED AS FOLLOWS;
BEGINNING AT THE MOST NORTHERLY CORNER OF SAID PARCEL 4; THENCE ALONG
THE WESTERLY LINE OF SAID PARCEL 4 SOUTH 09 °29'31" EAST 13.34 FEET; THENCE
NORTH 44 °18'38" EAST 5.52 FEET; THENCE NORTH 89 018'36" EAST 4.92 FEET TO THE
NORTHEASTERLY LINE OF SAID PARCEL 4; THENCE ALONG SAID NORTHEASTERLY
LINE NORTH 50 °11'05" WEST 14.29 FEET TO THE POINT OF BEGINNING.
CONTAINING 53 SQUARE FEET, MORE OR LESS,
ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A
PART HEREOF.
DATED THIS 26TH DAY OF FEBRUARY, 2009.
GWEN-VERA DEL CASTILLO, PLS 5108
REGISTRATION EXPIRES 6/30/09
.IN 107069 -04 Snnia Ann MCF- PCI,-2A
ANI
DR
r. c
L. S. 5108 °
Exp. 6/30/09
CA4
Coast Surveying, Itic.
rebruary 26, 2009
EXHIBIT "A -1"
LEGAL DESCRIPTION
MCF- PCL -2A
TEMPORARY CONSTRUCTION EASEMENT
THAT PORTION OF PARCEL 4 OF PARCEL MAP NO, 86 -337, IN THE CITY OF SANTA ANA,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN A MAP FILED IN BOOK 247,
PAGES 19 AND 20 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY, DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST NORTHERLY CORNER QF SAID PARCEL 4; THENCE ALONG
THE WESTERLY LINE OF SAID PARCEL 4 SOUTH 09 °29'31" EAST 13,34 FEET TO THE
TRUE POINT OF BEGINNING; THENCE NORTH 44 918'38" EAST 5.52 FEET; THENCE NORTH
89 °18'36" EAST 4.92 FEET TO THE NORTHEASTERLY LINE OF SAID PARCEL 4; THENCE
ALONG SAID NORTHEASTERLY LINE SOUTH 50 "11'05" EAST 5.00 FEET; THENCE SOUTH
51 037'53" WEST 14.37 FEET TO SAID WESTERLY LINE OF SAID PARCEL 4; THENCE
ALONG SAID WESTERLY LINE NORTH 09029'31" WEST 8.22 FEET TO THE TRUE POINT OF
BEGINNING.
CONTAINING 83 SQUARE FEET, MORE OR LESS.
ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A
PART HEREOF,
DATED THIS 26TH DAY OF FEBRUARY, 2009,
GWEN -VERA DEL CASTILLO, PLS 6108
REGISTRATION EXPIRES 6/30/09
JN 107069 -04 Smtta Ana MCF- PCL -2A TCC
�a AND SG
P
0 E t �G
r G
L, S, 5108 ° «
UP. 6/30/09
CA
Coast Surveying, Inc.
July 9, 2008
EXHIBIT "A"
LEGAL DESCRIPTION
RIT -PCL -1
THAT PORTION OF PARCEL 4 OF PARCEL MAP NO, 86 -337, IN THE CITY OF SANTA ANA,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 247,
PAGES 19 AND 20 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEASTERLY CORNER OF SAID PARCEL 4; THENCE ALONG
THE NORTHEASTERLY LINE OF SAID PARCEL NORTH 50 011'05" WEST 6.45 FEET;
THENCE SOUTH 42 002'54" WEST 9.63 FEET; THENCE SOUTH 00 031'48" WEST 5.91 FEET;
THENCE SOUTH 44 028'23" EAST 16.10 FEET TO THE EAST LINE OF SAID PARCEL 4;
THENCE ALONG SAID EAST LINE NORTH 00 030'50" EAST 20.43 FEET TO THE POINT OF
BEGINNING.
CONTAINING 181 SQUARE FEET, MORE OR LESS.
ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A
PART HEREOF.
DATED THIS 9TH DAY OF JULY, 2008.
GWEN -VERA DEL CASTILLO, PLS 5108
REGISTRATION EXPIRES 6/30/09
,hi 109069 -04 Santa Ana RCP -PCI, 1
�Q 1. AND SCi
DES, C '�i
� L. S. 5108 o
�� EXP, 6/30/09
C
Coost Surveying, Inc.
Ally 9, 2008
EXHIBIT "A -1"
LEGAL DESCRIPTION
RIT -PCL -1
TEMPORARY CONSTRUCTION EASEMENT
THAT PORTION OF PARCEL 4 OF PARCEL MAP NO, 86 -337, IN THE CITY OF SANTA ANA,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 247,
PAGES 19 AND 20 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEASTERLY CORNER OF SAID PARCEL 4; THENCE ALONG
THE NORTHEASTERLY LINE OF SAID PARCEL NORTH 50 011'05" WEST 6,45 FEET TO THE
TRUE POINT OF BEGINNING; THENCE SOUTH 42 °02'54" WEST 9.63 FEET; THENCE
SOUTH 00 °31'48" WEST 5.91 FEET; THENCE SOUTH 44 028'23" EAST 16.10 FEET TO THE
EAST LINE OF SAID PARCEL 4; THENCE ALONG SAID EAST LINE SOUTH 00 °30'50" WEST
7.07 FEET; THENCE NORTH 44 °28'23" WEST 23.17 FEET; THENCE NORTH 00 °31'48" EAST
9.88 FEET; THENCE NORTH 42 002'54" EAST 11.33 FEET TO SAID NORTHEASTERLY LINE;
THENCE ALONG SAID NORTHEASTERLY LINE SOUTH 50 011'05" EAST 5.00 FEET TO THE
TRUE POINT OF BEGINNING.
CONTAINING 190 SQUARE FEET, MORE OR LESS.
ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A
PART HEREOF,
DATED THIS 9TH DAY OF JULY, 2008.
A� �vcl
GWEN -VERA DEL CASTILLO, PLS 5108
REGISTRATION EXPIRES 6130/09
Jn 107069 -04 Santa Ana RIT•PCI.-
DEL
;V
L.S. 5108 6
LA
EXP. 6/30/09),
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S50° 11' 0'5 "E 5. 00'
8 S42 ° 02' 54" W 9. 63'
9 SOO° 31' 48" W 5 9
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\RIT- PCL- 1.clgn 7/9/2008 1:11:49 PM
0A ,5 T SURVEYING, INC.
15031 PARKWAY LOOP, SUITE B
TUSTIN, CA 92780 -6527 (734) 918 -6266
CE Mc _FADDEN
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15031 PARKWAY LOOP, SUITE B
TUSTIN, CA 92780 -6527 (734) 918 -6266
When recorded, please mail this
instrument and tax statements to:
Clerk of the Council
City of Santa Ana
20 Civic Center Plaza, M -30
Santa Ana, California 92701
Free recording requested by
TIIE CITY OF SANTA ANA PER
GOVERNMENT CODE SECTION 6103.
SPACE ABOVE TI-I18 LINE FOR RECORDER'S USE
CANCEL
TAKES
X
APPROVED AS TO
FORM BY ATTY,
APPROVED BY
DIRECTOR
DESCRIPTION
WRITTEN BY
DESCRIPTION
CIIECKED•O.K,
A.P.
NUMBER
042- 071 -03 & 05
RAV MAP
NUMBER
PROJECT
NUMBER
Portion of 1766 E. McFadden Avenueand 1261 S. Lyon Street, Santa Ana, CA
DEED NUMBER
GRANT DEED
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
MULLER - MCFADDEN LLC, a California limited liability company, and MULLER - MCFADDEN 2 LLC, a
California limited liability company, as tenants in common (formerly known as Muller -Rock 1 LLC, a California
limited liability company who acquired title as Muller- Rock -1 LLC, a California limited liability company)
Do Hereby Grant to THE CITY OF SANTA ANA, a charter city and municipal corporation duly organized under
the Constitution and laws of the State of California, easement for public right -of -way purposes in, on, over under,
and through the real property in the City of Santa Ana, County of Orange, State of California, located at 1766 E.
McFadden Avenue and 1261 S. Lyon Street, described as follows:
SEE EXHIBITS "A" AND "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF;
MULLER - MCFADDEN LLC,
a California limited liability company
By: '`�
Name: n . Muller
Its: Mana e
MULLER- MCFADDEN 2 LLC, a California
limited liability company (formerly known as
Muller -Rock 1 LLC)
By: n Name: n uller
Its: Man r
State of California
County of%)�` /I ,
On /V/ V 02.1 /� /t�fore me, IYN/t/ //y�i,G�f. " a Notary Public, personal)
M • A7 GC GGIa'L y
appeared _. 4 who proved to me on the
basis of satisfactory evidence to be the personW whose namew is /ax- subscribed to the within instrument and
acknowledged to me that helsheOey executed the same in his /hedtheir authorized capacityQ*, and that by histho#ftir
signature(s) on the instrument the person(), 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 Cali fo n' h t the foregoin ara raph is true
and correct, LYNN INGRAM
Commission #► 1Bum
WITNESS my hand and official seal. Notary Public - California
Orange County ..
My Comm. Wires Apr 19 204
Signat�e ("/This area fal official no[my seal)
l
-' MAIL TAX STATEMENTS AS DIRECTED ABOVE
Coast Survoyin0, Inc.
Fcbrunty 26,2009
EXHIBIT "A"
LEGAL DESCRIPTION
MCF -PCL -2
THAT PORTION OF PARCEL 2 OF PARCEL MAP NO. 86 -337, IN THE CITY OF SANTA ANA,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN A MAP FILED IN BOOK 247,
PAGES 19 AND 20 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID PARCEL 2; THENCE ALONG THE
EAST LINE OF SAID PARCEL 2 SOUTH 09 029'31" EAST 13.34 FEET; THENCE SOUTH
44 018'38" WEST 4.42 FEET; THENCE SOUTH 89 °18'39" WEST 5.93 FEET; THENCE NORTH
45 041'29" WEST 8.73 FEET; THENCE NORTH 00 °55'00" WEST 10.18 FEET TO THE NORTH
LINE OF SAID PARCEL 2; THENCE ALONG SAID NORTH LINE NORTH 89 028'54" EAST 13,23
FEET TO THE POINT OF BEGINNING,
CONTAINING 211 SQUARE FEET, MORE OR LESS,
ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A
PART HEREOF.
DATED THIS 26TH DAY OF FEBRUARY, 2009,
X t "_ -ve- � � a (L �
GWEN -VERA DEL CASTILLO, PLS 5108
REGISTRATION EXPIRES 6/30/09
JN 107009.04 Smug Ann MCP -PU 2 rev
O AN S
DEL
tr
L.S. 5108
EXP, 6/30/09
II1-
Lli
IW
z
0
r
I J
m
1
2
3
4
5
6
7
8
9
10
11
(� McFADDEN AVEF
TEMPORARY CONSTRUCTION
EASEMENT
BEARING DISTANCE
S896 28' 54'W 13, 23'
S896 28' 54' W 5.00'
SOO° 55' 00' E 12. 27'
S45" 41' 29" E 12.86'
N89° 18' 39' E 12. 39'
N099 29' 31' W 8,22
N09° 29' 31' W 13-34'
S44° 18' 38' W 4.42'
S89° 18' 39" W 5.93'
N45' 41' 29' W 8. 73'
NOO' 55' 00' W 10. 18'
PAIRC EL MAP 66-337
P.M.B. 247 / 19-20
ARC ELF 4
i 1 / ^
SATE; 2 25 09 COAST SURVEYING, INC,
SCALE; 1 = 20 15031 PARKWAY LOOP, SUITE D
SHEET 1 OF 1 RIGHT OF WAY & TEMPORARY CONSTRUCTION EASEMENT TUSTIN, 50 92780 -6527 (71a) 918 -6266
Cans! Surveying, bic.
febr utry 26, 2009
EXHIBIT "A"
LEGAL DESCRIPTION
MCF- PCL -2A
THAT PORTION OF PARCEL 4 OF PARCEL MAP NO. 86 -337, IN THE CITY OF SANTA ANA,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN A MAP FILED IN BOOK 247,
PAGES 19 AND 20 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHERLY CORNER OF SAID PARCEL 4; THENCE ALONG
THE WESTERLY LINE OF SAID PARCEL 4 SOUTH 09 °29'31" EAST 13.34 FEET; THENCE
NORTH 44 °18'38" EAST 5.52 FEET; THENCE NORTH 89 018'36" EAST 4.92 FEET TO THE
NORTHEASTERLY LINE OF SAID PARCEL 4; THENCE ALONG SAID NORTHEASTERLY
LINE NORTH 50 °11'05" WEST 14.29 FEET TO THE POINT OF BEGINNING.
CONTAINING 53 SQUARE FEET, MORE OR LESS.
ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A
PART HEREOF.
DATED THIS 26TH DAY OF FEBRUARY, 2009.
GWEN -VERA DEL CASTILLO, PLS 5108
REGISTRATION EXPIRES 6/30/09
.IN 107069.04 Smtln Ann MCF-I'CI: 2A
\, A
04- 01
rU �r �
° L. S. 5108 °
c £XP. 6/30/09
w
I�
z
0
U�
q McFADDEN AVER
TEMPORARY CONSTRUCTION
EASEMENT
BEARING DISTANCE
I N50" 1 1' 05' W 14, 29'
2 S89° 18' 36" W 4. 92'
3 N50° 1 1' 05' W 5. 00'
4 N510 37' 53'E 14. 37'
5 S44" 18' 38' W 5. 52'
6 N090 29' 31' W 8. 22'
7 N090 29' 31' W 13, 34'
PARCEL MAP 86-337
P.H.B. 247 0 19-20
RCE L 4
oATE; 2 Z5 09 -
SCALE: 1 =20 COA57 SURVEYING, INC.
SHEET i OF 1 RIGHT OF WAY & TEMPORARY CONSTRUCTION EASEMENT TUSTIN,1CA3 1 LOOP,
927 80- 65 2 7(714)1918 6288
Consl Surveying, lnc.
itdy 9, 2008
EXHIBIT "A"
LEGAL DESCRIPTION
RIT -PCL -1
THAT PORTION OF PARCEL 4 OF PARCEL MAP NO. 86 -337, IN THE CITY OF SANTA ANA,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 247,
PAGES 19 AND 20 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEASTERLY CORNER OF SAID PARCEL 4; THENCE ALONG
THE NORTHEASTERLY LINE OF SAID PARCEL NORTH 50 °11'05" WEST 6,45 FEET;
THENCE SOUTH 42 002'54" WEST 9.63 FEET; THENCE SOUTH 00 031'48" WEST 6.91 FEET;
THENCE SOUTH 44 °28'23" EAST 16,10 FEET TO THE EAST LINE OF SAID PARCEL 4;
THENCE ALONG SAID EAST LINE NORTH 00 °30'60" EAST 20.43 FEET TO THE POINT OF
BEGINNING.
CONTAINING 181 SQUARE FEET, MORE OR LESS,
ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A
PART HEREOF,
DATED THIS 9T" DAY OF JULY, 2008.
'. Ajl zd-. &
GWEN -VERA DEL CASTILLO, PLS 5108
REGISTRATION EXPIRES 6/30/09
,In 107069 -04 Soma Ann RIT -11CL -1
DEL
40
,Q
y 0 L, S. 5108
EXP. 6/30/09
C
Mc _FADDEN
AVENUE
30'
wl
of
I--
w
U
ATE: 7/07 8 CO� / SURVEYING, INC.
SCALE: 1"S61 15031 PARKWAY LOOP, SUITE B
SHEET 1 OF 1 RIGHT OF WAY &TEMPORARY CONSTRICTION EASEMENT TusTIN, ca 9 2780-6'27 (7SU E 8 -6266
\RIT- PCL -i,dgn 7!9!2008 1:11 :49 PM
C4J
\I
\
PARCEL MAP NO. 8& d
�
\
P.M.B. 29? / 19-20
�
\
\
PARCEL 4
7 T. P.0. B.
T, C. E. \
1 P,O,C'
6
T. C. E.
5'
g
\
\
g \
I
®
TEMPORARY CONSTRUCTION
\
EASEMENT
10
2 \
4
\
BEARING DISTANCE
1
S50° 1 1' 05" E 6. 45'
2
S00° 30' 50'W 20. 43'
30'
\
3
S00° 30' 504W 7. 07'
\
4
N44' 28' 23" W 23. 17'
5
N00` 31' 48" E 9. 88'
\
6
N42' 02' 54" E 1 1, 33'
7
S50° 1 1' 05'F 5, 00'
8
S42 ° 02' 54'W 9. 63'
9
S00° 31' 484W 5. 91'
10
S44"28' 23" 17, 16. 10'
ATE: 7/07 8 CO� / SURVEYING, INC.
SCALE: 1"S61 15031 PARKWAY LOOP, SUITE B
SHEET 1 OF 1 RIGHT OF WAY &TEMPORARY CONSTRICTION EASEMENT TusTIN, ca 9 2780-6'27 (7SU E 8 -6266
\RIT- PCL -i,dgn 7!9!2008 1:11 :49 PM
.Nhen recorded, please mail this
nslrument and tax statements to:
:lerk of the Council
'.ity of Santa Ana
> -0 Civic Center Plaza, M -36
Santa Ana, California 92701
-ree recording requested by
rHE CITY OF SANTA ANA PER GOVERNMENT CODE
SECTION 6103
SPACE ABOVE THIS LINE FOR RECORDER'S USE
:ANGEL
AGENCY(IES)
APPROVED BY
DESCRIPTION
DESCRIPTION
A.P.
RIWMAP
PROJECT
(AXES
PUBLIC WORKS
DIRECTOR
WRITTEN BY
CHECKED -O.K.
NUMBER
NUMBER
NUMBER
042 - 071 -03 & 05
Portion of 1766 E. McFadden Avenue & 1261 S. Lyon Street, Santa Ana, CA
TEMPORARY CONSTRUCTION EASEMENT DEED
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
MULLER- MCFADDEN LLC, a California limited liability company, and MULLER- MCFADDEN 2 LLC, a California
limited liability company, as tenants in common (formerly known as Muller -Rock 1 LLC, a California limited
liability company who acquired title as Muller- Rock -1 LLC, a California limited liability company)
Does Hereby Grant to THE CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws
of the State of California, , a temporary easement for purposes Incidental to construct the proposed improvements to 1766 E. McFadden
Avenue & 1261 S. Lyon Street, in, on, over and across that certain real property in the City of Santa Ana, County of Orange, State of
California, as described and depicted on "Temporary Construction Exhibits 'A-1" and "B ", which is attached hereto by reference and made a
part hereof.
This permission is granted subject to the following conditions being fulfilled by City:
1. Permission to Enter on Premises. City shall not use any easement herein in a manner which unreasonably interferes with
the undersigned grantors' use or enjoyment of its property (the "Owner Parcel "). City shall exercise its rights under this Temporary
Construction Easement Deed, from time to time, in such a way as to minimize disruption to the Owner Parcel, including, without
limitation, the business operations conducted thereon. Without limiting the generality of the foregoing, City shall, from time to time,
(i) consult in good faith with the undersigned grantors, upon the undersigned grantors' request, regarding the manner in which City
intends to exercise, presently is exercising, or has exercised such rights; and (ii) take such steps as the undersigned grantors may
reasonably require, from time to time, to minimize any such disruption.
2. Following the commencement of any work, City shall diligently pursue such work to completion, subject to events of force
majeure which are beyond the reasonable control of City. All such work shall be at City's sole cost and expense and shall be
undertaken and completed in a good and workmanlike manner, in compliance with all governmental statutes, ordinances, rules and
regulations pertaining thereto. Any damage occurring to any portion of the Owner Parcel, as a result of the work shall be promptly
repaired, at City's sole cost and expense, to the same condition as existed immediately prior to such damage. City shall give the
undersigned grantors written notice of the intended commencement date of construction at least five (5) days prior to such intended
commencement date.
3. The undersigned grantors may build, erect, construct, or otherwise place any buildings, structures, or other improvements,
whether permanent or temporary (collectively, "Grantor Improvements "), on any part of the Temporary Construction Area, provided,
however, that such Grantor Improvements shall, at all times in no event affect or otherwise interfere with the easements granted
herein; provided further, that each of the undersigned grantors hereby reserves to itself, its successors and assigns, the right to
grant other easements over, upon, along, through, across, above, and under the Temporary Construction Area so long as such
other easements do not damage, destroy, or otherwise harm the Temporary Construction Area or prohibit or prevent any of the
purposes of the easements or restrict or adversely impair the ability of City to fulfill any of the purposes of the easements.
4. City agrees to cause (i) the undersigned grantors to be added as an additional insured to any policy of liability insurance that
may be carried by or at the request of City, from time to time, in connection with the work described herein, and (ii) cause a
certificate of insurance for any such policy, together with an endorsement thereto evidencing the addition of the undersigned
grantors as an additional insured, to be delivered to the undersigned grantors promptly following the issuance of any such policy.
5. City shall conduct its work so as to cause no mechanic's, materialman's or other lien or claims of any kind (collectively,
"Liens ") to be recorded or filed against the Owner Parcel. If any such Lien shall be recorded or filed against the Owner Parcel, then
City shall, within five (5) business days of the undersigned grantors' written request, cause such Lien to be removed from the Owner
Parcel. If City shall fail to remove any such Lien within ten (10) business days of any such written request, then the undersigned
grantors may, but shall, not be required, to remove such Lien itself, in which case City shall reimburse the undersigned grantors for
the undersigned grantors' reasonable costs and expenses incurred in doing so promptly upon the undersigned grantors' written
demand upon City for such reimbursement.
6. City hereby indemnifies and holds harmless each of the undersigned grantors and its agents, tenants, contractors, guests,
licensees and invitees, and its successors and assigns, against and from any and all claims, liabilities, damages, fines, penalties or
costs of whatsoever nature (including reasonable attorneys' fees), and whether by reason of death of or injury to any person or loss
of or damage to any property or otherwise, arising out of or in any way connected with City's use of the Temporary Construction
Area, except to the extent resulting from the gross negligence or willful misconduct of the undersigned grantors, and /or its agents,
tenants, and contractors.
7. If the provisions of this Temporary Construction Easement Deed shall for any reason be held to be invalid, illegal or
unenforceable by any court of competent jurisdiction, the validity of the other provisions of this Temporary Construction Easement
Deed shall in no way be affected thereby. If any action shall be commenced to enforce the terms of this Temporary Construction
Easement Deed or to declare the rights of the parties hereunder, the prevailing party shall be entitled to recover all of its costs and
expenses (including, but not limited to, its reasonable attorneys' and other consultants' costs and fees) from the nonprevailing party.
This Temporary Construction Easement Deed is not made for the benefit of any third party, other than the indemnified parties
described herein, and no other third party is entitled to enforce any provision hereof. Nothing contained in this Temporary
Construction Easement Deed, nor shall any acts of the parties hereto, be deemed or construed to create any relationship of
principal and agent, or of partnership, or of joint venture, or of any association between such parties. This Temporary Construction
Easement Deed shall inure to the benefit of, and be binding upon, the undersigned grantors and their respective successors in
Interest. City may not assign this Temporary Construction Easement Deed to any party without the undersigned grantors' prior
written consent. Nothing contained in this Temporary Construction Easement Deed shall be deemed to be a gift or dedication of
any portion of property owned by the undersigned grantors to the general public or for any purpose whatsoever. Nothing herein
contained, express or implied, shall confer upon any other person any rights or remedies under or by reason of this Temporary
Construction Easement Deed,
Construction Contract and Curative Work.
(a) It is understood and agreed by and between the parties hereto in addition to the compensation shown in Paragraph 2
hereinabove, the Buyer, its contractors or assigns, shall perform the following construction contract items at the time of the
installation of the proposed project:
Remove one mature tree (Ritchey Street)
ii. Protect -in -place tenant signage (Burger King)
(B) It is understood and agreed by and between the parties hereto that the compensation paid to Seller through this
Agreement includes the value of the cost to remove, relocate, reconstruct and /or refurbish the following improvements located on
the Property: Landscaping (McFadden Avenue)
9. During construction of driveway approaches, access to the business will be maintained at all times. In some cases,
construction of one -half of a driveway approach at a time may be required. At no time, the contractor shall block access to the business
during construction.
It is understood that the period of use of said easement shall exist for a period of no more than 12 months and shall commence with the first
entry of owner's property by City's contractor. In the event' that actual use extends beyond 12- months, and said use is verified through the
City's /State contractor log, the City shall pay the owner at the rate of $104.58 per month prorated to the actual date said use terminates.
This easement shall terminate upon completion of said construction and in any event shall cease and terminate not later than August, 2011.
Date:
,2010
MULLER - MCFADDEN LLC,
a California limited liability company
By. —
Name: on Muller
Its: Man
STATE OF CALIF gJ�NIA �y )ss.
COUNTY OF (Y�L G(//CyL
MULLER- MCFADDEN 2 LLC, a California
limited liability company (formerly known as Muller -Rock 1 LLC
By:'�
Name: J n . Muller
Its: Man 11
On L- ! `7 ,2010, before me, �"7'�/�✓/ /NCl�i kV )7i4� t 6464 sonally appeared
4/a IGLU who proved to me on the basis of satisfactory evidence to be the person
j whose
name( ?6si -4 subscribed to the within instrument and acknowledged to me that helsheAkey executed the same In his /he(Ah it authorized capacity S), and
that by his /heFAheir signature(g on the instrument the person() 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 paragr
Lyto WGRAM
commiow" 0 11111111401
Notay Public - calNornh
Ortanpo county
MW Signature
comet. Ex irq r 1 2011
i IGNATURE OF NOTA PUBLIC PLACE NOTARY SEAL ABOVE
Cu'lo Surveying, Ina.
February 26, 2009
EXHIBIT "A -1"
LEGAL DESCRIPTION
MCF -PCL -2
TEMPORARY CONSTRUCTION EASEMENT
THAT PORTION OF PARCEL 2 OF PARCEL MAP NO. 86 -337, IN THE CITY OF SANTA ANA,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN A MAP FILED IN BOOK 247,
PAGES 19 AND 20 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID PARCEL 2; THENCE ALONG THE
EAST LINE OF SAID PARCEL 2 SOUTH 09 °29'31" EAST 13.34 FEET TO THE TRUE POINT
OF BEGINNING; THENCE SOUTH 44 °18'38" WEST 4.42 FEET; THENCE SOUTH 89 018'39"
WEST 5.93 FEET; THENCE NORTH 45 041'29" WEST 8,73 FEET; THENCE NORTH 00 °55'00"
WEST 10.18 FEET TO THE NORTH LINE OF SAID PARCEL 2; THENCE ALONG SAID NORTH
LINE SOUTH 89 °28'54' WEST 5.00 FEET; THENCE SOUTH 00 °55'00" EAST 12.27 FEET;
THENCE SOUTH 45 041'29" EAST 12.86 FEET; THENCE NORTH 89 018'39" EAST 12.39 FEET
TO THE EAST LINE OF SAID PARCEL 2; THENCE. ALONG SAID EAST LINE NORTH
09 029'31" WEST 8.22 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 171 SQUARE FEET, MORE OR LESS.
ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A
PART HEREOF.
DATED THIS 26TH DAY OF FEBRUARY, 2009.
GWEN -VERA DEL CASTILLO, PLS 5108
REGISTRATION EXPIRES 6130109
IN 107069 d Senta Ana MCP -PCL -2 TCE rr:v
ANi
�a DEL
C7
i7 L. S. 5108 T
EXP. 6/30/09
w
l�
z
0
r
IJ
Asma
'01
1
2
3
4
5
6
7
8
9
10
11
C McFADDEN AVEr
TEMPORARY CONSTRUCTION
EASEMENT
BEARING DISTANCE
S89' 28' S4' W 13,23'
S890 28' S4' W 5. 00'
S000 55' 00' E 12.27'
S45° 41' 29" E 12. 86'
N896 18' 39' E 12.39'
N09° 29' 31' W 8.22
N099 29' 31' W 13, 34'
5440 18' 38"W 4, 42'
S89618' 39'W 5, 93'
N456 41' 29' W 8.73'
N000 55' 00' W 10. 18'
P&nC EL MAP X337
P.M.B. 247 i 19-20
HCEL 4
DATE; 2 25 09 COA 571 SURVEYING, INC,
SCALE: 1 = 20 15031 PARKWAY LOOP, SUITE 9
SHEET 1 OF 1 RIGHT OF WAY & TEMPORARY CONSTRUCTION EASEMENT TUSTIN. CA 42780 -6527 (714) 918 -6266
Coast Survoying, file.
February 26, 2009
EXHIBIT "A -1"
LEGAL DESCRIPTION
MCF- PCL -2A
TEMPORARY CONSTRUCTION EASEMENT
THAT PORTION OF PARCEL 4 OF PARCEL MAP NO. 86 -337, IN THE CITY OF SANTA ANA,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN A MAP FILED IN BOOK 247,
PAGES 19 AND 20 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY, DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST NORTHERLY CORNER OF SAID PARCEL 4; THENCE ALONG
THE WESTERLY LINE OF SAID PARCEL 4 SOUTH 09 029'31" EAST 13.34 FEET TO THE
TRUE POINT OF BEGINNING; THENCE NORTH 44 018'38" EAST 5.52 FEET; THENCE NORTH
89 °18'36" EAST 4.92 FEET TO THE NORTHEASTERLY LINE OF SAID PARCEL 4; THENCE
ALONG SAID NORTHEASTERLY LINE SOUTH 50 °11'05" EAST 5.00 FEET; THENCE SOUTH
61 637'53" WEST 14.37 FEET TO SAID WESTERLY LINE OF SAID PARCEL 4; THENCE
ALONG SAID WESTERLY LINE NORTH 09 °29'31" WEST 8.22 FEET TO THE TRUE POINT OF
BEGINNING,
CONTAINING 83 SQUARE FEET, MORE OR LESS.
ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A
PART HEREOF,
DATED THIS 26TH DAY OF FEBRUARY, 2009, \� AND SG
DEk
A J L J ��
ro
GWEN -VERA DEL CASTILLO, PLS 5108 L. S. 5108 °
REGISTRATION EXPIRES 6/30/09 UP, 6/30/09
F
JN 107069 -04 Santa Ana MCP- PCL -2A TCE
w
z
0
ca-1
C McFADDEN AVEh
TEMPORARY CONSTRUCTION
EASEMENT
BEARING DISTANCE
1 N50° 11' 05' W 14, 29'
2 S896 18' 36" W 4. 92'
3 N506 11' 05' W 5,00'
4 N51 ° 37' 53" E 14. 37'
5 S44" 18' 38' W 5.52'
6 N090 29' 31' W 8. 22'
7 N09° 29' 31' W 13. 34'
S�
0. C.
PARCEL MAP W337
P.M.D. 247119-20
RCEL 4
DATE; 2 25 09 COAST SURVEYING, INC.
SCALE; 1"=2U RIGHT OF WAY & TEMPORARY CONSTRUCTION EASEMENT 15331 PARKWAY 100(7 SUITE B
SHEET 1 OF 1 TUS71N, CA 92780 -6527 (714) 918 -8258
Const SurvuyinS, Inc.
July 9, 2008
EXHIBIT "A -1"
LEGAL DESCRIPTION
RIT -PCL -1
TEMPORARY CONSTRUCTION EASEMENT
THAT PORTION OF PARCEL 4 OF PARCEL MAP NO. 86 -337, IN THE CITY OF SANTA ANA,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 247,
PAGES 19 AND 20 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEASTERLY CORNER OF SAID PARCEL 4; THENCE ALONG
THE NORTHEASTERLY LINE OF SAID PARCEL NORTH 50 °11'05" WEST 6,45 FEET TO THE
TRUE POINT OF BEGINNING; THENCE SOUTH 42 002'54" WEST 9.63 FEET; THENCE
SOUTH 00 031'48" WEST 5.91 FEET; THENCE SOUTH 44 °2823" EAST 16.10 FEET TO THE
EAST LINE OF SAID PARCEL 4; THENCE ALONG SAID EAST LINE SOUTH 00 °30'50" WEST
7.07 FEET; THENCE NORTH 44 028123" WEST 23.17 FEET; THENCE NORTH 00 031'48" EAST
9.88 FEET; THENCE NORTH 42 002'54" EAST 11.33 FEET TO SAID NORTHEASTERLY LINE;
THENCE ALONG SAID NORTHEASTERLY LINE SOUTH 50 °11'05" EAST 5.00 FEET TO THE
TRUE POINT OF BEGINNING,
CONTAINING 190 SQUARE FEET, MORE OR LESS.
ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A
PART HEREOF.
DATED THIS 9% DAY OF JULY, 2008. AIViJ S
AEI.
0? lam. car o °;;u
GWEN -VERA DEL CASTILLO. PLS 5108 ' L. S. 5108
REGISTRATION EXPIRES 6/30/09 EXP. 6/30/09
A��
hi 107069 -04 Santo Ann RIT -PCI.: I
PARCEL MAP Its ®o W337
P.B. 247fig-20
PARCEL 4
5'
TEMPORARY CONSTRUCTION
EASEMENT
BEARING DISTANCE
I S50° 1 1' 05" E 6. 45'
2 S00 ° 30' 50 ° IJ 20. 43'
3 S00° 30' 50'W 7. 07'
4 N44' 28' 23° W 23, 17'
5 N00° 31' 48" E 9. 88'
6 N42° 02' 54" E 11, 33'
7 S50° 1 1' 05" E 5. 00'
8 S42* 02' 54" W 9. 63'
9 S00° 31' 48"W 5. 91'
10 S440 28' 23" E. 16. 10'
JOB #:1n7_
Ck Mc FADDEN
AVENUE
30'
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ry
\ \I
\ \
I \
T. P.O.B. \
T.C.C. �
1 P.O.C.
T. C. E.
8
\ I \9 \
2 \ \
3 I \\
30' \
DATE: 7/D7/081 EXHIBIT" " 5/7-
SURVEYING, INC.
SCALE: 1"=20 RIGHT OF WAY & TEMPORARY CONSTRUCTION EASEMENT 15011 PARKWAY LOOP, SUITE a
SHEET. 1 OF 1 TUSTIN, CA 92780 -6527 (714) M -6266
1RIT- PCL -1.dgn 7/9/2008 1:11:49 PM