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HomeMy WebLinkAboutSOUTHERN CALIFORNIA EDISONINSURANCE NOT REQUIRED WORK MAY PROCEED CLERK OF COUNCIL A-2019-009 nArc, JAN 2 4 2010 AGREEMENT FOR EXCHANGE OF REAL PROPERTY s ��P' %) N�df„U'. "� This Agreement for Exchange of Real Property ("Agreement') is entered as of the 15 day of 201/,gby and between the CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California ("City"), and SOUTHERN CALIFORNIA EDISON COMPANY, a California corporation. The City and SCE are hereinafter sometimes referred to collectively as the "Parties." RECITALS A. City owns certain real property commonly known as Orange County Assessor Parcel No. 405-262- 24, located at 911 N. Bristol Street in the City of Santa Ana, County of Orange, State of California, as more particularly described and depicted in the Legal Description attached hereto as Exhibit A and incorporated herein by reference ("City Property"). B. SCE owns certain real property commonly known as Orange County Assessor Parcel No. 405-274- 11, located at 1217 N. Bristol Street in the City of Santa Ana, County of Orange, State of California, as more particularly described and depicted in the Legal Description attached hereto as Exhibit B and incorporated herein by reference ("SCE Property"). C. The Parties desire by this Agreement to provide the teens and conditions for the exchange of fee interests in the City Property and the SCE Property, together with all rights, easements and appurtenances thereto. AGREEMENT THEREFORE, for and in consideration of their mutual promises, covenants and agreements, and subject to the terms, conditions and provisions of this Agreement, the Parties agree as follows: 1. Exchange of Real Property 1.1. Conveyance by City. City agrees to convey the City Property to SCE by Grant Deed, and SCE agrees to accept the same from the City. 1.2. Conveyance by SCE. SCE agrees to convey the SCE Property to City by Grant Deed, and City agrees to accept the same from SCE. 2. Consideration 2.1 Consideration. In full and complete payment for the exchange of fee interests in the City Property and the SCE Property, City shall provide to SCE a signed grant deed for the City Property in the form attached as Exhibit C, and SCE shall provide to City a signed grant deed for the SCE Property in the form attached as Exhibit D. 3. Escrow 3.1 Escrow Agent. Within five (5) days from and after the execution of this Agreement by all Parties, City agrees to open an escrow at the office of Commonwealth Title Company at 4100 Page 1 of 15 Newport Place Dr. Suite 120, Newport Beach, California ("Escrow Agent'). This Agreement constitutes the joint escrow instructions of the Parties and a duplicate original of this Agreement shall be delivered to the Escrow Agent upon the opening of the escrow ("Effective Date"). 3.2 Escrow Agent Authorization. The Escrow Agent hereby is empowered to act under this Agreement and the General Escrow Provisions, attached hereto as Exhibit E and incorporated herein by reference, and upon indicating its acceptance of this Agreement and the General Escrow Provisions, in writing, delivered to the Parties within five (5) days after delivery of this Agreement, shall carry out its duties as Escrow Agent hereunder. 3.3 Escrow Agent Liability. The liability to the Escrow Agent under this Agreement is limited to performance of the obligations imposed upon it under this Agreement. 3.4 Closing Costs. City agrees to bear, and Escrow Agent is hereby authorized to charge to the City the cost of any transfer taxes, recording fees, cost of title insurance, re -conveyance fees, document preparation fees, escrow fees and any other closing costs incidental to the conveying of SCE Property to City. City and SCE agree to split, and Escrow Agent is hereby authorized to charge equally to the City and SCE, the cost of any transfer taxes, recording fees, cost of title insurance, re -conveyance fees, document preparation fees, escrow fees and any other closing costs incidental to the conveying of City Property to SCE. 3.5 Title Insurance. The Parties agree to deliver, concurrently with the conveyance of said real properties, within the time and at the place hereinabove specified for said conveyance of said real property, a policy of title insurance (each, the "Title Policy") to be issued by the above mentioned title company, with the receiving Party therein named as the insured, in an amount equal to the appraised value of the subject property, insuring the title to said real property is free and clear of any and all conditions, restrictions, reservations, exceptions, easements, assessments, profits, limitations, encumbrances (whether monetary or non -monetary, general or specific, and including any and all leasehold interests), liens, clouds or defects in title, excepting such specific ones as the receiving Party may hereinafter expressly agree to take subject to. Acceptance by the receiving Party of any such policy of insurance, whether such insurance complies with the requirements of this paragraph or not, shall not constitute a waiver by the receiving Party of its right to such insurance as is herein required of the granting Party, nor a waiver by the receiving Party of any rights of action for damages or any other rights which may accrue to the receiving Party by reason of the failure of the giving Party to convey title or to provide title insurance as required in this Agreement. 3.6 Property Taxes. (a) Such real property taxes, if any, on the subject real properties for the fiscal year within which said real property is conveyed to the receiving Party as are unpaid at the time of said conveyance shall be cleared and paid in accordance with the provisions of Section 4986 of the Revenue and Taxation Code of the State of California. (b) The granting Party shall be eligible for a refund under Section 5096.7 of the Revenue and Taxation Code of the State of California for that portion of property taxes on said real property for said fiscal year which have been paid prior to the date the deed conveying said real property to the receiving Party is recorded which is allocable to that portion of the fiscal year which begins on the date the deed conveying said real Page 2 of 15 property to the receiving Party is recorded and made uncollectible if unpaid by reason of Section 5086 of the Revenue and Taxation Code of the State of California. To the extent that the granting Party has prepaid any taxes or assessments attributable to the subject real property, the granting Party shall be solely responsible for obtaining any refund due thereon from the taxing authority. Upon written request, the receiving Party shall assist the granting Party, at the granting Party's sole cost, in obtaining said refund, if any; however, in no case shall the receiving Party credit or otherwise pay the granting Party for that refund, if any, through or outside of Escrow. (c) All unpaid taxes on either property for any and all years prior to the fiscal year within which said conveyance is made shall be paid by the granting Party before conveyance of said real property to the receiving Party. 3.7 Deposit of Funds and Documents. (a) Prior to Close of Escrow (as defined below), the Parties shall deposit into Escrow (i) all escrow and Closing Costs as described above; and (ii) such other documentation as is necessary to close Escrow; (b) Prior to the Close of Escrow, each Party shall deposit into Escrow (i) the properly executed grant deed for conveyance of each Property; (ii) a duly executed bill of sale, assignment and assumption agreement with respect to the tangible and intangible personal property included in each Property; and (iii) such other documents and sums, if any, as are necessary to close Escrow in conformance herewith. 3.8 Conditions Precedent to Close of Escrow. The obligation of the Parties to exchange the Properties as contemplated by this Agreement and the Close of Escrow is subject to satisfaction of each of the following conditions: (a) All representations and warranties of each Party set forth in this Agreement shall be true and correct as of the date of the Close of Escrow; (b) Each Party shall timely perform all obligations required by the terms of this Agreement to be performed by it; (c) The irrevocable and unconditional written agreement of Title Company to record the grant deeds at the Close of Escrow and to issue the Title Policy to the receiving Party, effective as of the date and time the deed is recorded; and, (d) No material adverse physical change to either Property, including those caused by condemnation and/or casualty, shall have occurred subsequent to the Effective Date and on or prior to the Close of Escrow. 3.9 Close of Escrow. The Escrow Agent is hereby authorized to close escrow upon and after (a) receipt of the documents and funds in Section 3.7 and (b) confirmation of the approval of the Close of Escrow by the City and SCE ("Close of Escrow"), at which time the Escrow Agent shall: (a) Record the Grant Deed conveying the City Property and the Grant Deed conveying the SCE Property in the Official Records of Orange County; Page 3 of 15 (b) Disburse the funds deposited into escrow by the Parties in accordance with the closing statements executed by the Parties; (c) Deliver to the City (a) promptly following the Close of Escrow, one (1) original of the bill of sale, assignment and assumption agreement for each Property, (b) within one (1) business day following recordation a conformed copy of (i) the City Property grant deed and (ii) the SCE Property grant deed; and (c) when issued, the Title Policy for the SCE Property; and (d) Deliver to SCE (a) promptly following the Close of Escrow, one (1) original of the bill of sale, assignment and assumption agreement for each property, (b) within one (1) business day following recordation a conformed copy of (i) the City Property grant deed and (ii) the SCE Property grant deed; and (c) when issued, the Title Policy for the City Property. If escrow is not in a condition to close by the Close of Escrow, and failure to close is due to unforeseen conditions of title or interest of third parties in either Property that cannot be resolved in Escrow, then either Party may, at its option, request cancellation of Escrow and this Agreement and return of any funds it has deposited into escrow. Thereupon, all obligations and liabilities of the Parties under this Agreement shall cease and terminate. If no such request is made, Escrow shall be closed as soon as possible thereafter. Subject to satisfaction of the conditions to Closing set forth in this Agreement, the Close of Escrow shall occur on or before December 31, 2018. 4. Representations and Warranties 4.1 Representations and Warranties of City. City makes the following representations and warranties with respect to the City Property, each of which shall survive Close of Escrow: (a) The execution and delivery of this Agreement, performance hereunder, and the consummation of the transaction contemplated hereby will not constitute a violation of any order or decree or result in the breach of any contract or agreement to which the City is at present a party or by which the City is bound. (b) To City's actual knowledge, no litigation and no governmental, administrative or regulatory act or proceeding regarding the environmental, health and safety aspects of the City Property is pending, proposed or threatened. (c) City will not enter into any agreements or undertake any new obligations prior to Close of Escrow that will in any way burden, encumber or otherwise affect the City Property without the prior written consent of SCE. (d) City is aware of its obligation under California Health and Safety Code Section 25359.7 to disclose any knowledge which they may have regarding any release of Hazardous Substances (as defined by applicable federal, state and local statutes, rules and regulations) upon or under the City Property. City warrants and represents to Page 4 of 15 SCE that City is not aware that any such Hazardous Substances have been generated, stored or disposed of upon or under the City Property. (e) To the best of City's knowledge the City Property complies with all applicable laws and governmental regulations including, without limitation, all applicable federal, state, and local laws pertaining to air and water quality, hazardous waste, waste disposal, and other environmental matters, including, but not limited to, the Clean Water, Clean Air, Federal Water Pollution Control, Solid Waste Disposal, Resource Conservation Recovery and Comprehensive Environmental Response Compensation and Liability Acts, and the California Environment Quality Act, and the rules, regulations, and ordinances of the City, the California Department of Health Services, the Regional Water Quality Control Board, the State Water Resources Control Board, the Environmental Protection Agency, and all applicable federal, state, and local agencies and bureaus. (f) City, as a government agency, has not been subject to real property tax assessment on the City Property. Transfer of title to the City Property to SCE at the Close of Escrow may subject the City Property to an assessment from the Orange County Office of the Assessor and shall be the obligation of SCE henceforth. 4.2 Representations and Warranties of SCE. SCE makes the following representations and warranties with respect to the SCE Property, each of which shall survive Close of Escrow: (a) The execution and delivery of this Agreement, performance hereunder, and the consummation of the transaction contemplated hereby will not constitute a violation of any order or decree or result in the breach of any contract or agreement to which SCE is at present a party or by which SCE is bound. (b) To SCE's actual knowledge, no litigation and no governmental, administrative or regulatory act or proceeding regarding the environmental, health and safety aspects of the SCE Property is pending, proposed or threatened. (c) SCE will not enter into any agreements or undertake any new obligations prior to Close of Escrow that will in any way burden, encumber or otherwise affect the SCE Property without the prior written consent of the City. (d) SCE is aware of its obligation under California Health and Safety Code Section 25359.7 to disclose any knowledge which they may have regarding any release of Hazardous Substances (as defined by applicable federal, state and local statutes, rules and regulations) upon or under the SCE Property. SCE warrants and represents to the City that SCE is not aware that any such Hazardous Substances have been generated, stored or disposed of upon or under the SCE Property, except as disclosed in Section 6.2 below. (e) To the best of SCE's knowledge and except as disclosed in Section 6.2 below, the SCE Property complies with all applicable laws and governmental regulations including, without limitation, all applicable federal, state, and local laws pertaining to air and water quality, hazardous waste, waste disposal, and other environmental matters, including, but not limited to, the Clean Water, Clean Air, Federal Water Page 5 of 15 Pollution Control, Solid Waste Disposal, Resource Conservation Recovery and Comprehensive Environmental Response Compensation and Liability Acts, and the California Environment Quality Act, and the rules, regulations, and ordinances of the City, the California Department of Health Services, the Regional Water Quality Control Board, the State Water Resources Control Board, the Environmental Protection Agency, and all applicable federal, state, and local agencies and bureaus. Right of Possession 5.1 Right of Possession. The Parties agree to deliver to each other quiet and peaceful physical and legal possession of the respective Properties, free of all personal property, effective as of the Close of Escrow. 6. As -Is Condition 6.1 As -Is Condition. Parties shall rely solely and exclusively upon the results of their own Due Diligence Investigations of the subject Properties with regard to any physical condition or state of the Properties. By completing the exchange of the Properties, Parties evidence their unconditional acceptance of the condition of each respective Property. Parties acknowledge and agree that each is acquiring its respective Property on an "AS -IS," "WHERE -IS" basis. Parties are not offering to acquire the respective Property based on any representation by the other Party, or a third party, except those expressly set forth in this Agreement. Parties hereby acknowledge that the exchange of the Properties is without warranties of any kind from the other Party, expressed or implied, except as expressly set forth in this Agreement, as to the condition of the subject Property or its improvements, if any, including, without implied limitation, soils, access to the subject Property or to utilities, appliances, structure utility systems, roof, foundation, landscaping or any other component of the subject Property. Parties do not warrant that either Property conforms with any ordinances, including, without implied limitation, zoning or building ordinances. 6.2 SCE Disclosure; Post -Closing Testing. SCE conducted environmental testing on the SCE Property, which produced three samples at 0.5 feet with arsenic concentrations of 6.4, 8.6 and 13 mg/kg. SCE has agreed to do additional testing of the SCE Property after the Close of Escrow once the City has demolished and removed the existing substation, including its foundation and slab. SCE will take eight (8) additional soil samples at 0.5 and 2.0 feet. SCE's consultant will calculate the 95% upper control limit ("UCL") of the mean for the two previous and the eight new samples at 0.5 feet using the Environmental Protection Agency's distributed program ProUCL 5.1. The result will be compared to the California Department of Toxic Substances Control's criteria of 12 mg/kg for school sites. If the 95% UCL of the mean is less than the screening criteria, (a) the SCE Property will be immediately available for use by the City and (b) SCE will not remediate the SCE Property. If the 95% UCL of the mean exceeds the criteria, then a shallow soil excavation and haul remediation plan will be developed and implemented by SCE. The SCE Property will be available for City use upon the completion of the SCE remediation plan. The City shall issue a temporary entry permit to SCE for such testing and remediation. The obligations of this Section 6.2 shall survive the Closing. Acknowledgement of Full Benefits Page 6 of 15 7.1 Full Benefits. By execution of this Agreement, the Parties hereby aclrnowledge that this Agreement provides full payment for the acquisition of the subject Properties, and each Party hereby expressly and unconditionally waives any claim for damages, interest, loss of goodwill, severance damages, or any other compensation or benefits other than as already expressly provided for in this Agreement, it being understood that this is a complete and full settlement of all acquisition claims, liabilities, or benefits of any type or nature whatsoever relating to or in connection with the acquisition of the subject Properties. 8. Remedies 8.1 Remedies. If either Parry defaults under this Agreement, and such default is not cured within thirty (30) days following the date of written notice of default, then the other Party may either: (i) terminate this Agreement by written notice, whereupon this Agreement and the obligations of the Parties hereunder shall terminate (other than those obligations that expressly survive a termination of this Agreement); or (ii) bring an action for specific performance of this Agreement. 9. Miscellaneous 9.1 Notice. All notices or other communication provided for under this Agreement shall be in writing, and shall be delivered personally, sent by reputable overnight mail equivalent carrier, or sent by registered or certified mail, return receipt requested, postage prepaid, addressed to the person to receive such notice or communication at the following address and shall be effective upon the earlier of actual receipt or refusal to accept delivery: If to the City: The City of Santa Ana Clerk of the Council 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 With a copy to: City Attorney 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, CA 92702 If to SCE: Southern California Edison Company 2 Innovation Way PIV 2, 2nd Floor Pomona, California 91768 Phone: 909-274-1896 E-mail: richard.fujikawa@sce.com With a copy to: Southern California Edison Company 2244 Walnut Grove Avenue Rosemead, California 91770 Attention: Claire Deane, Esq. Phone: 626-302-6654 E-mail: claire.keane@sce.com Page 7 of 15 Notice of change of address shall be given by written notice in the manner set forth in this subsection. 9.2 Time is of the Essence. Time is of the essence with respect to each and every provision hereof. 9.3 Waivers. The waiver by either Party of any breach of any covenant or agreement herein contained on the part of the other Party shall not be deemed or held to be a waiver of any subsequent or other breach of said covenant or agreement nor a waiver of any breach of any other covenants or agreements contained herein. 9.4 Assignment. Neither this Agreement, nor any interest herein, shall be assignable by any Party without prior written consent of the other, non -assigning Party hereto. 9.5 Inurement. Subject to the restrictions against assignment as herein contained, this Agreement, and all the terms, covenants, and conditions hereof, shall inure to the benefit of and shall be binding upon, the assigns, successors in interest, personal representatives, estates, heirs and legatees of the respective parties hereto. 9.6 Governing Law. All questions with respect to this Agreement, and rights and liabilities of the Parties hereto, shall be governed by the laws of the State of California. Venue shall be in the County of Orange. 9.7 Attorney Fees. In the event of any controversy, claim or dispute between the Parties hereto, arising out of or relating to this Agreement or the breach thereof, the prevailing party shall be entitled to recover from the other party reasonable expenses, attorney fees and costs. 9.8 Entire Agreement. The Agreement contains the entire agreement of the Parties hereto, and supersedes any prior written or oral agreements between them concerning the subject matter contained herein. There are no representations, agreements, arrangements, or understandings, oral or written, between the Parties hereto, relating to the subject matter contained in this Agreement which are not fully expressed herein. 9.9 Additional Documents. All Parties hereto agree to execute any and all additional documents and instruments necessary to carry out the terms of this Agreement. 9.10 No Merger. All warranties, representations, acknowledgements, releases, covenants and obligations contained in this Agreement shall survive delivery and recordation of the grant deeds. 9.11 Contingency. It is understood and agreed between the Parties hereto that the completion of this transaction, and the escrow created hereby, is contingent upon the specific acceptance and approval of the City herein. The execution of these documents and the delivery of same to Escrow Agent constitute said acceptance and approval. 9.12 Modification and Amendment. This Agreement may not be modified or amended except in writing signed by the Parties. 9.13 Partial Invalidity. Any provision of this Agreement that is unenforceable or invalid or the conclusion of which would adversely affect the validity, legality, or enforcement of this Page 8 of 15 Agreement shall have no effect, but all the remaining provisions of this Agreement shall remain in full force. 9.14 Captions. Captions and headings in this Agreement, including the title of this Agreement, are for convenience only and are not to be considered in construing this Agreement. 9.15 No Reliance by One Party on the Other. Each Party has received independent legal advice from its attorneys with respect to the advisability of executing this Agreement and the meaning of the provisions hereof. The provisions of this Agreement shall be construed as to their fair meaning, and not for or against any Party based upon any attribution to such Party as the source of the language in question. 9.16 No Third Party Beneficiary. This Agreement is intended to benefit only the Parties hereto and no other person or entity has or shall acquire any rights hereunder. 9.17 Duty to Cooperate Further. Each Party hereby agrees that it shall, upon request of the other, execute and deliver such further documents (in form and substance reasonably acceptable to the Party to be charged) and do such other acts and things as are reasonably necessary and appropriate to effectuate the terms and conditions of this Agreement, without cost. 9.18 Incorporation of Exhibits. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 9.19 Authority to Execute Agreement. The persons executing this Agreement and the instruments referenced herein on behalf of City and SCE hereby represent and warrant that such persons have the right, power and authority to bind City and SCE, respectively. SCE shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 9.20 Counterparts. This Agreement may be signed in counterpart or duplicate copies, and any signed counterpart or duplicate copy shall be equivalent to a signed original for all purposes. [SIGNATURES ON NEXT PAGE] Page 9 of 15 SIGNATURE PAGE TO AGREEMENT FOR EXCHANGE OF REAL PROPERTY IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. CITY: CITY OF SANTA ANA, a California charter city and municipal corporation By: Steven A. Mendoza Acting City Manager ATTEST: (� — B Y: Norma Mitre Acting Clerk of the Council APPROVED AS TO FORM: By: V47vv &V tM. Funk s 'stant City Attorney RECO DED BY: By: Fuad S.l weiss, Executive Director Public rks Agency Sout ern Califoi is Edison Company,a corporation: By. Name: Title: Page 10 of 15 CITY PROPERTY EXHIBIT A Page 11 of 15 EXHIBIT `A' LEGAL DESCRIPTION WESTERLY PORTION OF A.P. No. 405-262-24 IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING A PORTION OF THE UNDERLYING PARENT PARCEL AS DESCRIBED IN THE GRANT DEED RECORDED AUGUST 16TH, 2016, AS INSTRUMENT No. 2016000384991, OFFICIAL RECORDS OF SAID COUNTY, SAID BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:. ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: THAT PORTION OF "LOURIE'S SUBDIVISION OF PORTION OF HEDGES ADDITION TO SANTA ANA" IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 5, PAGE 12 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: THE WEST ONE-HALF (WI/2) OF THE SOUTH 50 FEET OF THE NORTH 124 FEET OF THE FOLLOWING DESCRIBED LAND: BEGINNING AT A POINT 325 FEET WEST OF THE NORTH-EAST CORNER OF LOT 4 IN BLOCK "A" OF HEDGES ADDITION TO SANTA ANA, AS SHOWN ON A MAP RECORDED IN BOOK 31, PAGE 48 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA; THENCE NORTH PARALLEL TO THE WEST LINE OF BAKER STREET 374 FEET; THENCE WEST 325 FEET TO THE EAST LINE OF BRISTOL STREET, AS SAID STREET EXISTED ON MAY 26,1908; THENCE SOUTH ALONG THE EAST LINE OF SAID BRISTOL STREET, 374 FEET TO THE NORTH-WEST CORNER OF LOT 19 IN BLOCK "B" OF SAID HEDGES ADDITION; THENCE EAST 325 FEET TO THE POINT OF BEGINNING; EXCEPTING THEREFROM THAT PORTION OF SAID LAND CONVEYED TO THE CITY OF SANTA ANA FOR STREET PURPOSES BY DEED RECORDED JANUARY 6, 1927 IN BOOK 7, PAGE 40, OF OFFICIAL RECORDS OF SAID ORANGE COUNTY. SAID PORTION BEING DESCRIBED MORE PARTICULARLY HEREIN AS THE SOUTH 17.00 FEET, TOGETHER WITH THE EAST 69.00 FEET, OF THAT PORTION OF SAID UNDERLYING PARCEL LYING WEST OF A LINE, THE NORTH TERMINUS OF SAID LINE BEING THE SOUTHEAST CORNER OF THAT PARCEL DESCRIBED IN THE GRANT DEED RECORDED JUNE 17TH, 2016, AS INSTRUMENT No. 2016000256217, OFFICIAL RECORDS OF SAID COUNTY, SAID CORNER ALSO BEING THE SOUTHWEST CORNER OF THAT PARCEL DESCRIBED IN THE GRAND DEED RECORDED MARCH 8T11, 2004, AS INSTRUMENT No. 2004000181968, OFFICIAL RECORDS OF SAID COUNTY, THE SOUTH TERMINUS OF SAID LINE BEING THE NORTHEAST CORNER OF THAT PARCEL DESCRIBED IN THE GRANT DEED RECORDED NOVEMBER 29TIl, 2016, AS INSTRUMENT No. 2016000601396, OFFICIAL RECORDS OF SAID COUNTY, SAID CORNER ALSO BEING THE NORTHWEST CORNER OF THAT PARCEL DESCRIBED IN THE GRAND DEED RECORDED MAY 18TH, 2012 AS INSTRUMENT No, 2012000286972, OFFICIAL RECORDS OF SAID COUNTY; EXCEPTING FROM SAID PORTION MORE PARTICULARLY DESCRIBED HEREIN ABOVE THOSE LANDS LYING WESTERLY FROM A LINE, SAID LINE BEING CONCENTRIC WITH AND 64.00 FEET EASTERLY FROM THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE CENTERLINE INTERSECTION OF 9TH STREET AND BRISTOL STREET, SAID BEING SHOWN ON THE MAP OF TRACT No. 1262, FILED IN BOOK 39, PAGE 6, OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY; THENCE NORTH 1°31'41" EAST, 390.07 FEET ALONG SAID CENTERLINE OF BRISTOL STREET TO A POINT OF CUSP WITH A CURVE, SAID CURVE BEING CONCAVE WESTERLY AND HAVING A RADIUS OF 2000.00 FEET, SAID POINT OF CUSP BEING THE TRUE POINT OF BEGINNING; THENCE SOUTHERLY ALONG SAID CURVE 223.68 FEET THROUGH A CENTRAL ANGLE OF 6024'29" TO A POINT OF REVERSE CURVATURE, SAID REVERSE CURVE BEING CONCAVE EASTERLY AND HAVING A RADIUS OF 2000.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE 223.63 FEET THROUGH A CENTRAL ANGLE OF 6024'23" TO SOUTHERLY TERMINUS; HEREINABOVE DESCRIBED PARCEL CONTAINING AN AREA OF 4,466 SQUARE FEET, MORE OR LESS; SUBJECT TO COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS, AND RIGHTS OF WAY OF RECORD, IF ANY; ALL SHOWN ON EXHIBIT `A -I', ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF THIS DESCRIPTION WAS PREPARED BYyANt? JOHNSON -FRANK & ASSOCIATES, INC., UNDER THE DIRECT SUPERVISION OF ANTHONY C. r..4. CUOMO, PLS 6042, ON FEBRUARY 22ND, 2017. C. . 0 LLCr ww o ,� =z ^ x ¢ 0.0 N N J Z z O n o z M o Zy � N �ssNd P Zao 0 W �: Z o h 3m L o W O -Wj N w0 C �W a O 60 (Az O dP `tea, �r ms`s, dP `'9� !!� OF0 `-6' d}r�at mob O'OS N ram ftI z' . ION -- K� z0 3„90,Od.Z0Ny N� 0 W o rya -,6'92` c'9 �I LO •- 6's SP c, O d' �2 ua 2P�\a� f' sd��gyJ v~i O jw r a`„ 92� �Oa r0 db p2�2 Q 2-I W p�2 ? ,ZO'f'f' Q6'i^ \�� O F- as N iN. ram ' M m.LLD, 4,90,067, EON os o `y may cr °j m X O� W za N Goa N 2 w m,6 N W S N Oa o c� z U AMM W0 � N 10 I� c3' 0 Cc ,Ll M iii—• �0 00 n, W W F ro l �` N ro ^' I ocd o m U@ U30 nZ oil Co U `"� � W I Z �. 1 7� C� a ti -w F co o 0 O J S al h v ai z o n o ................� — PZ e6 g �a _Y j z w0 >o a a m o n 96 Z6=7 ,9bZ= ,by w Q ro 4 - p z >cn z w %, 3k v 1 CK ZI � SCE PROPERTY EXHIBIT B Page 12 of 15 EXHIBIT "A" LEGAL DESCRIPTION APN 405-274-11 SERIAL 71376A THE SOUTHERLY 40 FEET OF THE LOT 32, IN TRACT NUMBER 923, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOT{ 29, PAGE 14 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. CONTAINING 3,853 SQUARE FEET OR 0.09 ACRES, MORE OR LESS. ALL FOUND MONUMENTS DESCRIPTIONS, BASIS OF BEARINGS, COURSES, ETC. ARE AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. PREPhRED BY ME OR UNDER MY DIRECTION c BRIAN w. t ti CITY PROPERTY DEED EXHIBIT C Page 13 of 15