HomeMy WebLinkAboutJPACIFIC INTERNATIONAL (2)lh—JdAi MUIRED
PUG o5 tiptiN w` , )ROCEF A-2021-145
Lo-;k)�/Y AGREEMENT FOR EXCHANGE OF REAL PROPERTY
pe
This Agreement for Exchange of Real Property ("Agreement") is entered as of the 20th day of
May, 2021, by 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 JPACIFIC
INTERNATIONAL as Trustee of 215 Warner SA Land Trust, dated July 7, 2014 ("JPacific"). The City
and JPacific hereinafter sometimes referred to collectively as the "Parties."
RECITALS
A. City owns certain real property commonly known as Orange County Assessor Parcel Nos. (APN)
403-141-09, located at 2246 Cypress Avenue, 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. A copy of the Grant Deed for the City Property, filed with the County of Orange as Document No.
2018000304713, is attached hereto as Exhibit `B" and incorporated herein by reference.
C. JPacific owns certain real property commonly known as Orange County Assessor Parcel No. 403-
142-15, located at 215 E. Warner Avenue, 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 "C" and incorporated herein by reference ("JPacific Property").
D. A copy of the Grant Deed for the JPacific Property, filed with the County of Orange as Document
No. 2014000269486, is attached hereto as Exhibit "D" and incorporated herein by reference.
E. The Parties desire by this Agreement to provide the terms and conditions for the exchange of fee
interests in the City Property and the JPacific Property.
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 JPacific by Grant Deed,
and JPacific agrees to accept the same from the City.
1.2. Conveyance by JPacific. JPacific agrees to convey the JPacific Property to City by Grant
Deed, and City agrees to accept the same from JPacific.
1.3. Title Conveyance. The Parties agree that, except as may hereinafter be otherwise expressly
provided, the real properties subject to this Agreement shall be conveyed by the Parties, as
aforesaid, free and clear of any and all conditions, restrictions, reservations, exceptions,
easements, assessments, profits, limitations, encumbrances (whether monetary or non -
monetary, general or specific, including any and all leasehold interests), liens, clouds or
defects in title. The Parties hereby warrant that the title to said real properties to be
Page 1 of 13
conveyed by the Parties shall be free and clear as provided above. The Parties further agree
that acceptance of any deed to said real property, with or without knowledge of any
condition, restriction, reservation, exception, easement, assessment, profit, limitation,
encumbrance (whether monetary or non -monetary, general or specific, and including any
and all leasehold interests), lien, cloud or defect in title, shall not constitute a waiver by
either Party of its right to the full and clear title hereinabove agreed to be conveyed by the
Parties, nor of any right which might accrue because of the failure of the Parties to convey
title as hereinabove provided.
2. Consideration
2.1 Consideration by City. City shall provide to Racific a signed grant deed for the City
Property in the form attached as Exhibit B
2.2 Consideration by Racific. Racific shall provide to City (a) a signed grant deed for the
Racific Property in the form attached as Exhibit D and (b) the sum of $52,000.
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 with Commonwealth Land Title Company, 4100
Newport Place Drive, Suite 120, Newport Beach, CA 92660 ("Escrow Agency"). 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 said real property to City. Penalties for prepayment of bona fide obligations
secured by any existing deed of trust or mortgage shall be waived pursuant to California
Code of Civil Procedure Section 1265.240.
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 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 tide 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
Page 2 of 13
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 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, the Parties shall deposit into Escrow (i) all escrow and
Closing Costs as described above and (ii) such other documentation and funds as
are 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 and (ii) such other documents
and sums 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:
Page 3 of 13
(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
("Close of Escrow"):
(a) Conveyance of the City Property by the City and the JPacific Property by JPacific
as hereinabove provided;
(b) Acceptance by JPacific of a Grant Deed conveying the City Property, and
acceptance by the City of a Grant Deed conveying the JPacific Property;
(c) Delivery to each Party of the policies of title insurance as hereinabove provided;
(d) Recordation of the Grant Deed conveying the City Property and the Grant Deed
conveying the JPacific 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.
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.
Page 4 of 13
(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 JPacific.
(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 JPacific 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 JPacific at the Close
of Escrow will subject the City Property to an assessment from the Orange County
Office of the Assessor and shall be the obligation of JPacific henceforth.
4.2 Representations and Warranties of JPacific. JPacific makes the following representations
and warranties with respect to the JPacific 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
JPacific is at present a party or by which JPacific is bound.
(b) To JPacific's actual knowledge, no litigation and no governmental, administrative
or regulatory act or proceeding regarding the environmental, health and safety
aspects of the JPacific Property is pending, proposed or threatened.
(c) JPacific 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
JPacific Property without the prior written consent of the City.
(d) JPacific 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 JPacific Property. JPacific warrants and
Page 5 of 13
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.
(fj JPacific hereby represents and guarantees that, subject to Permitted Delay (as defined
herein), it shall develop the City Property into a residential development that
complies with the R2 Zone (Two Family Residential) development standards on or
before the date that is Forty -Eight (48) months following Close of Escrow (the
"Development Deadline"). For purposes of this Agreement, JPacific shall satisfy the
Development Deadline when a certificate of occupancy has been issued. If JPacific
does not satisfy the Development Deadline, City may, as its sole and exclusive
remedy, elect to repurchase the City Property from JPacific (the "Repurchase Right")
pursuant to the terms and conditions below. City shall provide written notice to
JPacific of its exercise (the "Exercise Notice") within sixty (60) days following the
Development Deadline (the "Exercise Window"). The Exercise Notice shall propose
a date for closing which is no less than forty-five ( 45) days, nor more than sixty 60)
days, following the date of the Exercise Notice, with such closing then occurring on
a date mutually convenient to both City and JPacific (the "Repurchase Closing
Date"). If (a) City fails to deliver its Exercise Notice to JPacific within the Exercise
Window, or (b) JPacific satisfies the Development Deadline after receipt of the
Exercise Notice but prior to the Repurchase Closing Date, then the Repurchase Right
shall automatically terminate and be of no further force and effect, and City shall
deliver to JPacific, upon JPacific's request, a written instrument in recordable form,
to be prepared by JPacific and subject to City's reasonable approval, which would
remove the Repurchase Right from title to the City Property. The repurchase deed
shall be identical in form to the deed by which title to the City Property was originally
conveyed by City to JPacific and shall be free and clear of any and all mortgage lien
or other evidence of indebtedness. The purchase price to be paid to JPacific by City
for the City Property shall be the higher price of $690,000 or the fair market value at
the Development Deadline.' City's exercise of the Repurchase Right shall be City's
sole and exclusive remedy for JPacific's failure to satisfy the Development Deadline.
Notwithstanding anything to the contrary set forth herein, if City elects to exercise its
Repurchase Right, in no event may any consideration be paid to JPacific be in a form
other than cash. As used herein, the term "Permitted Delay" shall refer to any delay
resulting from acts of God; fire; earthquake; flood; explosion; action of the elements;
war; invasion; insurrection; riot; mob violence; sabotage; malicious mischief,
inability (notwithstanding good faith and diligent efforts) to procure (or general
shortage of) labor, equipment, facilities, materials, or supplies in the open market;
failure of transportation; strikes (other than any strike resulting from acts of JPacific);
lockouts; action of labor unions; condemnation laws; requisition or order of
government or civil or military or naval authorities; or any other similar cause to
those stated above, not within JPacific's reasonable control. Notwithstanding
anything to the contrary contained herein, in no event hall financial inability
constitute Permitted Delay.
Page 6 of 14
transportation; strikes (other than any strike resulting from acts of JPacific);
lockouts; action of labor unions; condemnation laws; requisition or order of
government or civil or military or naval authorities; or any other similar cause to
those stated above, not within JPacific's reasonable control. Notwithstanding
anything to the contrary contained herein, in no event hall financial inability
constitute Permitted Delay.
5. 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.
7. Acknowledgement of Full Benefits and Settlement of Eminent Domain Action
7.1 Full Benefits. By execution of this Agreement, the Parties hereby acknowledge 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.
7.2 Settlement of Eminent Domain Action. The Parties hereby acknowledge that performance
of this Agreement constitutes full settlement of the eminent domain action entitled City of
Santa Ana v. JPacific International as Trustee of 215 Warner SA Land Trust, dated July 7,
2014, et al., Orange County Superior Court Case No. 30-2021-01183801-CU-EI-CXC.
8. Remedies
Page 7 of 13
8.1 Remedies. If either Party defaults under this Agreement, and such default is not cored
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 (including by facsimile) 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 JPacific: JPacific International
13710 Studebaker Rd., Suite 200
Norwalk, CA 90650
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.
Page 8 of 13
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
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 Patties 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
Page 9 of 13
A-2021-145
the Patty 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 Incomoration 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 JPacific hereby represent and warrant
that such persons have the right, power and authority to bind City and JPacific,
respectively. JPacific 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.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first
above written.
CITY OF SANTA ANA
Xa�
Kristine Ridge �—
City Manager
ATTEST:
r
By ,$
Daisy Gomez, MMC ��-_=
Clerk of the Council City Clerli
JPACIFIC INTERNATIONAL as Trustee of 215 Warner SA Land Trust,
dated July 7, 2014
Name: Jia Yuh Shen
Title: President of JPacific International
Approved as to Form:
�-A/, _
J n M. Funk
Sr. Assistant City Attorney
Pace 10 of 13
EXHIBIT "A"
LEGAL DESCRIPTION 2246 CYPRESS AVENUE
Page 11 of 13
Exhibit A
LEGAL DESCRIPTION.
In the City of Santa Ana, County of Orange, State of California, being a portion of land described
in a Deed to the City of Santa Ana, recorded as Instrument number 2018000304713, filed in the
Office of the County Recorder in said County, lying Northwesterly and Northerly of the
following described line:
Beginning at point of intersection with the Easterly line of said Deed, and a line parallel with
and 83,20 feet Northerly of the centerline of Warner Avenue as said centerline is shown on
Tract Map 638, recorded in Book 19 page 17, Block B of Miscellaneous Maps, records of said
County;
Thence, South 45° 53' 15" West, 21,27 feet to an angle point that is 68.00 feet Northerly and
Perpendicular to said centerline;
Thence North 88" 30' 10" West, Parallel with said centerline 63.95 feet to the beginning of a
curve, concave Northerly and having a radius of 140.00 feet;
Thence, Westerly along said curve 16,73 feet through a central angle of 6° 50' 54';
Thence, North 810 39' 17" West, 57.53 feet to the beginning of a curve concave Southerly and
having a radius of 160.00 feet;
Thence, Westerly along said curve 13.27 feet through a central angle of 4° 45" 08' to a point of
Intersection with the of Westerly line of said deed and a line parallel with and 76,89 feet
Northerly of said centerline,
Containing 0.24 acres, more or less.
Subject to all Covenants, Conditions, Reservations, Restrictions, Rights of Way and Easements
of record, if any.
All as shown on Exhibit B, attached hereto and by this reference made a part hereof.
Prepared by me, or under my direction on✓
i / v�2j v AND 311,p`s
John M. G nzales, PLS 9065
V JOHN M. o
GONZALES
*\ No
.9065
sTgTR (IF CP.��FO��I
(20')
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
LOT 34
r
10,630.2 SO.FT.
0 24 ACRES
(30)
W
Z
I W
I Q
co
W
(30) i 0_
(20')
C2 i r
m
L3 C1i 12 I V
I
PROPOSED PUBLIC
RIGHT OF WAY o u
INST. # 2018000304713 N
i
----------N 88°--10" W ---------- --�
WARNER AVENUE ( Formerly Delhi Rd.)
( ) = PER TRACT 638, M.M. 19/17
= LOT LINE PER TRACT 638, M.M. 19/17
11 C1
S 45053 15 W A = 6050'54"
21.27' R = 140'
12 L = 16.73'
N 88°30'10" W,
63.95' C2
A = 4°45'08"
L3 R = 160'
N 81°39'17" W, L = 13.27'
57.53'
BASIS OF BEARING IS PER CITY OF SANTA ANA
IMPROVEMENT PLANS. WARNER - MAIN TO OAK 14-6802
PAGE 1 OF 1