HomeMy WebLinkAboutHAPHAN GROUP INC. (2)RECORDING REQUESTED BY
AND WHEN RECORDED MAIL Recorded in Official Records, Orange County
TO: Hugh Nguyen, Clerk -Recorder
Planning and Building Agency, M-20 ��IIII$Illlillllllllillllllllllllill {II{Illilllllllllll0 III{Ill illl!{II NO FEE
20 Civic Center Plaza 2024000203167 4:16 pm 08/07/24
PO Box 1988 83 RW11A Al2 12
Santa Ana, CA 92702 0.00 0.00 0.00 0.00 33.00 0.00 0.000.000.00 0.00
pUu 0 610 Return FULLY EXECUTED (Space above Line for Use by Recorder)
D e61`ul Copy to City Clerk, M-30 This document is exempt from the
payment of a recording fee pursuant to
Government Code Section 27383
N-2024-250
CITY OF SANTA ANA
PROPERTY MAINTENANCE AGREEMENT FOR TENTATIVE TRACT NO.2017-04
AND VARIANCE NO.2017-10 FOR THE PROPERTY LOCATED AT 3025 AND 3109
WEST EDINGER AVENUE
This PROPERTY MAINTENANCE AGREEMENT (the "Agreement"), is effective
upon the date of recordation of the Agreement (the `Effective Date"), and is entered into by and
between the City of Santa Ana, a municipal corporation (the "City") and Haphan Group Inc, and/or
any assigned responsible party, including, but not limited to tenants, lessor(s), lessee(s), ground -
lease holders, etc. (the "Owner"). The capitalized term "Parties" shall be a collective reference to
both City and Owner. The capitalized term "Party" shall refer to either City or Owner
interchangeably as appropriate.
RECITALS
WHEREAS, Owner seeks to develop the real property located at 3025 and 3109 West
Edinger Avenue in Santa Ana, CA APN 407-107-31 and 407-107-23, which is more particularly
described in the legal description attached hereto as Attachment "A" and incorporated herein (the
"Property");
WHEREAS, on February 12, 2015, Haphan Group Inc ("Applicant") submitted an
application to the City (the "Development Project Application"), with written consent of the
Owner, to consolidate three existing parcels into one development site and create a subdivision of
17 condominium units with increased building height, reduced front yard setback, and deviations
to open space and floor plan configuration standards on the Property ("Development");
WHEREAS, this Agreement pertains to the Project described in the second recital, above;
WHEREAS, the Parties seek to enter into this Agreement to ensure the proper compliance
with project approval conditions, operational restrictions, maintenance, and upkeep of the
Property, improvements, and permitted uses.
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NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES AND
COVENANTS CONTAINED HEREIN, THE CITY AND OWNEER AGREE AS FOLLOWS:
SECTION 1. RECITALS. The Recitals above are true and correct and incorporated into
the body of this Agreement by this reference.
SECTION 2. COMPLIANCE WITH APPROVED DEVELOPMENT PLANS AND
CITY CONDITIONS. This Agreement fulfills the requirement set forth in Section 5, Condition
No. 7 of City Council No. 2019-45. Owner accepts and shall fulfill all conditions of approval set
forth in City Council No. 2019-45. The Project shall substantially conform with the Development
Project Application and the plans contained therein, which are on file with the City Planning and
Building Agency.
SECTION 3. PROPERTY MAINTENANCE ENFORCEMENT BY THE CITY OF
SANTA ANA.
A. Ongoing Operational/ Maintenance Conditions. Owner, on behalf of itself, its
successors and assigns and any owner of the Property, hereby agrees to maintain and repair the
following elements of the Property and the Project:
1. Compliance with operational conditions applicable during any period(s) of construction
or major repair (e.g., proper screening and securing of the construction site;
implementation of proper erosion control, dust control and noise mitigation measure;
adherence to approved project phasing etc.);
2. Compliance with ongoing operational conditions, requirements and restrictions, as
applicable (including but not limited to hours of operation, security requirements, the
proper storage and disposal of trash and debris, enforcement of the parking management
plan, and/or restrictions on certain uses);
3. Ongoing compliance with approved design and construction parameters, signage
parameters and restrictions as well as landscape designs, as applicable;
4. Ongoing maintenance, repair and upkeep of the property and all improvements located
thereupon (including but not limited to controls on the proliferation of trash and debris
about and immediately adjacent to the property; the proper and timely removal of graffiti
within 24 hours of occurrence; the timely maintenance, repair and upkeep of damaged,
vandalized and/or weathered buildings, structures and/or improvements; the timely
maintenance, repair and upkeep of exterior paint, parking striping, lighting and irrigation
fixtures, walls and fencing, publicly accessible bathrooms and bathroom fixtures,
landscaping and related hardscape/landscape improvements, furnishings and the like, as
applicable);
5. If Applicant and the owner of the property are different (e.g., if the Applicant is a tenant
or licensee of the property or any portion thereof), both the Applicant and the owner of
the property shall be signatories to the maintenance agreement and both shall be jointly
and severally liable for compliance with its terms;
6. The maintenance agreement shall further provide that any party responsible for
complying with its terms shall not assign its ownership interest in the property or any
interest in any lease, sublease, license or sublicense, unless the prospective assignee
agrees in writing to assume all of the duties, obligations and responsibilities set forth
under the maintenance agreement; and
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7. The maintenance agreement shall contain provisions relating to the enforcement of its
conditions by the City and shall also contain provisions authorizing the City to recover
costs and expenses which the City may incur arising out of any enforcement and/or
remediation efforts which the City may undertake in order to cure any deficiency in
maintenance, repair or upkeep or to enforce any restrictions or conditions upon the use of
the property. The maintenance agreement shall further provide that any unreimbursed
costs and/or expenses incurred by the City to cure a deficiency in maintenance or to
enforce use restrictions shall become a lien upon the property in an amount equivalent to
the actual costs and/or expense incurred by the City.
8. The execution and recordation of the maintenance agreement shall be a condition
precedent to the final map being recorded.
B. Owner Confers to City Right to Conduct Maintenance and Repairs. Owner on behalf
of itself, its successors and assigns hereby confers upon the City the right but not the obligation to
conduct maintenance and repairs on the Property as required in Section 3(A) of this Agreement,
subject to the conditions of Section 3(C). Such powers under Section 3(B) of this Agreement are
conferred by Owner on the City for the benefit of the City to provide for the health, safety and
welfare of all persons who use the Project or any portion thereof and other persons who reside in
the vicinity of the Project and the entire City. No ownership interest in the Property or any interest
in any lease, sublease, license or sublicense of the Property shall be conveyed unless the
prospective recipient of such interest agrees in writing to assume all duties, obligations, and
responsibilities set forth in this Agreement.
C. City Right to Enforce. The right and power of the City to enforce the maintenance,
repair and replacement obligations of Owner shall not be deemed to arise by virtue of this Section
3 alone. Any provision of this Agreement to the contrary notwithstanding, the City may, by public
nuisance abatement proceeding, and/or by the initiation of an action at law or in equity,
notwithstanding this Section 3, enforce the law as relates to the abatement or elimination of a
public nuisance at the Property or enforce any provision or conditions of approval of a building or
development permit issued for the Property by the City. It shall be presumed that the City is
proceeding under the general municipal policy powers reserved to the City under this Section 3(C)
if the City issues a written notice of "Maintenance Deficiency" as this term is defined in Section
3(D) of this Agreement.
D. Notice of Maintenance Deficiencies. Upon any failure by Owner to perform any of the
maintenance and repair obligations referenced in Section 3(A) (such failure hereinafter referred to
as a "Maintenance Deficiency"), the City shall issue written notice of such Maintenance
Deficiency to Owner, as provided in Section 13 of this Agreement.
E. Maintenance Deficiencies. Owner shall comply with any issuance of a Notice of
Maintenance Deficiency within the timeframe specified by the Code Enforcement Division to cure
the Maintenance Deficiency identified in such Notice. Within the timeframe specified by the Code
Enforcement Division in the notice of a Maintenance Deficiency, Owner may submit a written
request to the City seeking additional time to cure the Maintenance Deficiency. Each such written
request for additional time shall describe and specify in detail (i) which tasks require additional
time to complete the cure of the Maintenance Deficiency and the reason why such additional time
is needed under the circumstances; (ii) what steps Owner have already taken to commence the cure
of the Maintenance Deficiency. The City, in its reasonable discretion, may grant, conditionally
grant or deny any written request for additional time as determined by the Code Enforcement
Manager. The City shall be under no obligation to consider untimely submitted time extension
requests or requests which fail to provide any of the information required above.
F. Removal of Graffiti. Owner, on behalf of itself, its successor and assigns hereby further
covenants and agrees in favor of the City to keep the exterior surfaces of all structures, fixtures or
other improvements located on the Property free and clear of graffiti. Graffiti shall be removed
within twenty-four (24) hours following the time of its application. A failure by Owner to remove
graffiti within twenty-four (24) hours following its application on any structure, fixture or other
improvement located on the Property shall be deemed to be a Maintenance Deficiency for which
no further notice under Section 3(D) needs to be given by the City.
G. City MU Cure Maintenance Deficiency.
In the event Owner fails to cure a Maintenance Deficiency within the time allowed,
the City may initiate a public bearing pursuant to Section 41-651 of the Santa Ana
Municipal Code. At such a public hearing the City shall consider such evidence and
testimony of interested persons as may be relevant to the matter. If upon the
conclusion of a public hearing, the City makes a written finding that a Maintenance
Deficiency exists and that there appears to be non-compliance with the maintenance
and repair obligations referenced in Section 3(A) of this Agreement, the City shall
have the right to record the notice described in Section 3(I) of this Agreement and
thereafter the City may enter upon or otherwise access the Property for the purpose
of curing the Maintenance Deficiency without further notice to Owner.
2. The foregoing notwithstanding, the City, without notice to Owner, shall have the
right to enter the Property and remove graffiti, solid waste, trash, or other debris
under the following two circumstances: (i) a failure by Owner to remove graffiti
within twenty-four (24) hours following its application on any structure, fixture or
other improvement located on the Property that is visible from an adjacent or
contiguous public right-of-way; or (ii) a failure by Owner to remove the
accumulation of solid waste, trash, or other debris that is visible for a duration of
twenty-four (24) hours from an adjacent or contiguous public right-of-way or from
a designated fire lane on the Property. Any sum expended by the City for the
<r -removal of graffiti, solid waste, trash, or other debris pursuant to this Section
3(G)(2) of the Agreement shall become a lien on the Property in accordance with
Section 3(H) and the City shall have the right to enforce such lien in the manner
provided in Section 3(I).
H. City's Lien Authority. Any sums expended by the City in enforcing, maintaining,
repairing or replacing, curing any element of the Property of the Project as authorized in Section
3 for which a Maintenance Deficiency has been declared by the City to exist under Section 3(G),
6.
shall becomt ,a lien on the Property. The powers conferred upon City pursuant to this Section 3(H)
are in addio$ to :all other remedies which the City may have to enforce this Agreement, or any
building or'deyelopment project permit tinder other law including public nuisance abatement
proceedings ,or any other action at law or equity.
I. Enforcement of Liens by the City.
1. The rights conferred upon the City by Owner under Section 3 of this Agreement
expressly include the power to establish and enforce a lien or other encumbrances
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against the Property or any portion thereof, subject to all then existing other liens
and encumbrances on the Property, in an amount reasonably necessary to reimburse
the City for its reasonable costs of the necessary and reasonable costs incurred by
the City under Section 3(G) to restore the Property and the Project to the
maintenance standard required under this Section 3, including reasonable attorney's
fees and costs of the prevailing party associated with the correction of the
Maintenance Deficiency in connection with such action. If the amount of any such
lien as relates to a Maintenance Deficiency is not paid within thirty (30) calendar
days after written notice by the City to Owner, demanding such payment, the City
shall have the right to enforce its lien in accordance with the statutory authority
referenced under this Section 3(I)(1). The prevailing party in a collection or other
lien enforcement action authorized by this Section 3(I) shall also have the right to
collect its reasonable attorney's fees, costs and expenses associated with any action
or proceeding to enforce or defend its rights hereunder.
2. hi the event that the City makes a written finding that a Maintenance Deficiency
exists on the Project as provided in Section 3(G), then in addition its lien powers
under Section 3(I)(1), the City may record a notice of correction of Maintenance
Deficiency be recorded against the Property. Such a notice of Maintenance
Deficiency shall refer to Section 3(G) of the Agreement, be signed by the Executive
Director of the Planning and Building Agency and shall have a duration following
the date of its recordation until such date the Maintenance Deficiency is corrected.
J. No approval by Owner shall be necessary for the City to establish and foreclose a lien
for non-payment of amounts expended by the City to cure a Maintenance Deficiency under Section
3 of this Agreement. No failure by the City to enforce any default pertaining to the maintenance,
repair or replacement of any element of the Property or the Project under Section 3 shall be deemed
to be a waiver of the right or power of the City to enforce any subsequent default thereof by Owner.
K. Priorityof Ordinances and Other Laws. Notwithstanding any provision in this
Agreement to the contrary, the approval and acceptance of this Agreement by the City shall not be
deemed a waiver or release of any applicable provision of any building permit or other
development project permit issued by the City for the improvement of the Project on the Property,
or of any other applicable ordinance or law or the general police power of the City. In the event
of any conflict or inconsistency between any provision hereof and any ordinance, law, or the
general police power of the City, the latter shall prevail.
SECTION 4. TERMINATION of AGREEMENT. This Agreement shall terminate and
be of no further force or effect upon the mutual written termination of this Agreement by Owner
and City.
SECTION 5. LEGAL ADVICE. Each Party represents and warrants to the other the
following: they have carefully read this Agreement, and in signing this Agreement, they do so with
full knowledge of any right which they may have; they have received independent legal advice
from their respective legal counsel as to the matters set forth in this Agreement, or having
knowingly chosen not to consult legal counsel as to the matters set forth in this Agreement; and
they have freely signed this Agreement without any reliance upon any agreement, promise,
statement, or representation by or on behalf of the other Party, or in their respective agents,
employees or attorneys, except as specifically set forth in this Agreement, and without duress or
coercion, whether economic or otherwise.
5
SECTION 6. REPRESENTATION AND WARRANTIES OF OWNER.
Owner represents and warrants for the benefit and reliance for the City as follows:
A. Qwner validly exists under the laws of the State of California and is authorized to
conduct business in California and is authorized to carry on its business being conducted as
contemplated in this Agreement;
B. Owner has the power and'authority to enter into this Agreement;
C. This Agreement shall be a legal, valid and binding obligation of Owner, enforceable
against Owner and its successors and`assigns in interest in the Property, and each portion thereof,
in accordance with its terms, subject to bankruptcy and other equitable principles.
SEi41`QN 7. COVENANT OF OWNER. Owner declares that the Project and the
Property shall be held, conveyed, leased, used, and improved subject to the provisions of this
Agreement and this Agreement is expressly declared to be for the benefit of the Project and the
Property and the abutting public rights -of -way. The Property maintenance covenants of Owner in
favor of the City which arises under this Agreement shall run with and burden the Property and
shall be binding upon all persons having or acquiring any right or title in the Property, including
any leasehold interest, or any part thereof, and the successors and assigns of each of them,
including Applicant.
SECTION 8. TIME OF THE ESSENCE• TERM OF AGREEMENT. Time is expressly
made of the essence with respect to the performance by City and Owner of each and every
obligation and condition of this. Agreement.
SECTION 9. ATTORNEY'S FEES. In addition to any other remedies provided herein
or available under applicable laws, if either Party to this Agreement commences an action against
the other Party arising out of, or in connection with this Agreement, the prevailing Party shall be
entitled to recover from the losing Party its costs of suit, including, but not limited to, its reasonable
attorney's fees, expert witness fees, and costs of investigation.
SECTION 10. INTEGRATION. This Agreement contains the entire understanding
between the Parties relating to the transaction contemplated by this Agreement, except as
otherwise provided. All prior contemporaneous agreements, understandings, representations and
statements, oral or written, are merged in this Agreement and shall be of no further force or effect.
Each Party is entering into this Agreement based solely upon the representations set forth herein
and upon each Party's own independent investigation of any and all facts such Party deems
material. This Agreement constituted the entire understanding and agreement of the Parties,
notwithstanding any previous negotiations or agreements between the Parties or their predecessors
in interest with respect to all or any part of the subject matter hereof.
SECTION 11. SEVERABILITY. If any portion of this Agreement is declared invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions
shall continue in full force and effect.
6
SECTION 12. AMENDMENT. No amendment, modification or supplement of this
Agreement shall be valid or binding unless executed in writing and signed by both Parties, subject
to City approval. The requirement for written amendments, modifications or supplements cannot
be waived and any attempted waiver shall be void and invalid.
SECTION 13. NOTICES. All notices permitted or required under this Agreement shall be
given to the respective Parties at the following addresses, or at such other address as the respective
Parties may provide in writing for this purpose:
OWNER:
Haphan Group Inc
10840 Warner Ave.
Fountain Valley, CA 92708
Attn: Quoc Phan
(909) 499-9999
CITY:
City of Santa Ana
Planning and Building Agency, M-20
PO Box 1988
Santa Ana, CA 92702
(714)647-5804
PlanningDepartment@santa-ana.org
SECTION 14. COUNTERPARTS. This Agreement shall be executed in three (3) original
counterparts each of which shall be of equal force and effect. One fully executed original
counterpart shall be delivered to Owner and the remaining two original counterparts shall be
retained by the City.
[SIGNATURES APPEAR ON THE FOLLOWING PAGE]
CALIFORNIA NOTARY ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Orange
On jvLY 11"�20)1(
before me Manish Jain, Notary Public,
personally appeared N U o C Pkg Ia
who proved to me on the basis of satisfactoryevidence to be the
erson whose name ish e ubscribed to the within instrument and
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ackn ledged to me tha he �coey executed the same in �s�r/t�lieir
authorized capacity(ie§), and that by is erhoir signatures') on the
instrument the person, or the entities upon behalf of which the
personas) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of
California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
Name: Manish Jain, Notary Public "Nlsl� �Alni ---`'
COMM. #2344028 k
W'v� '" NOTARY PUBLIC CALIFORNIA N
My Commission Expires: January 27 2025 x L09 ANUELF..6 COUNTY
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IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as evidenced
by the signatures of the authorized officers of each of them.
CITY
City of Santa Ana, a municipal
corporation
By. �tN
Alvaro Nunez
Acting City Manager
ATTEST:
OWNER
Haphan Group Inc
By: _
AT �—
Name: & UyC P 4AN
Title: Pr--e—'s I �-e, '&
APPLICANT - Execution required by City
Council Resolution No. 2019-45
By: /
Name: au oC
Title: P r i" r1keJ
[NOTARIZED SIGNATURES REQUIRED]
r
MANISH,
CommNOTARYPUBLIC.(
x,-{,_,�
LOS ANGELES i
-
My Comm. Expires,
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document
to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California County of oraiV I r-��� �` (�'
On 'AuauSt k ?029 before me, FVP�4n l/latirn,tWq!y NblIG
— U Date Heree Insert Name and Title of the Officer
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personally appeared Nyaro 1 u—rw.Z
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)Ware subscribed
to the within instrument and acknowledged to me thatQshe/they executed the same inel;/her/their
authorized capacity(ies), and that by 0her/their signature(s) on the instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the instrument.
EVELY 118A0.RA
N•ji Pubiic • GNfornm
O"Se county
commission Y 248906 1
My Comm. ExCirn May 3, 21,
Place Notary Seal and/or Stamp Above
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature �Altdatc,
SltnoVre of Notary Public
Completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer is Representing:
NumberofPages:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner— ❑ Limited ❑ General
❑ Individual
❑ Trustee
❑ Other:
Signer is Representing:
❑ Attorney in Fact
❑ Guardian or Conservator
,ao-•+r:�a%a a'.e �+v ...
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document
to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California 1
County of Oro, e- 1} y
On �Ai1 4� 5 C ( l � Z- before me, EVe ` l4 n 1Wffq N o Qq �M i c
U D Here Insert Name and Title of the Officer
personally appeared Lee 1411
Nome(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose names is are subscribed
to the within instrument and acknowledged to me that he&/they executed the same in hise/their
authorized capacity(ies), and that by his/&/their signature(s) on the instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the
EVELYN IBARRA laws of the State of California that the foregoing
Notary P.btk - Calffmnia
O enge County paragraph is true and correct.
Commission 4 2489063
My Comm. EZPIr•s Ma93,202B WITNESS my hand and official seal.
Signature
Ploce Notary Seal and/or Stamp Above Signature of Notary Public
Completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer is Representing:
NumberofPages:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual
❑ Trustee
❑ Other:
Signer is Representing:
❑ Attorney in Fact
❑ Guardian or Conservator
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02019 •Notary Association
Attachment "A"
Legal Description of the Property
The land referred to in this report is situated in the City of Santa Ana, the County of Orange, State of California,
and is described as follows:
Parcel 1: APN: 407-107-32
That portion of the Northwest quarter of the Northeast quarter of Section 22, Township 5 South, Range 10 West, San
Bernardino Base and Meridian, in the City of Santa Ana, County of Orange, State of California, described as follows
Beginning at the Southwest corner of the said Northwest quarter of the Northeast quarter of Section 22; running thence
North 88 degrees 50' East 315.62 feet along the South line of the said Northwest quarter; thence North 0 degrees 20' 40"
West 274.24 feet along a line parallel with the West line of the said Northwest quarter; thence South 89 degrees 30' West
315.59 feet to a point in the said West line of the Northwest quarter, said point being located 277.91 feet North 0 degrees
20' 40" West from the said Southwest comer; thence South 0 degrees 20' 40" East 277.91 feet along said West line to the
point of beginning.
Except therefrom the Easterly 159 feet thereof
Also except therefrom those portions thereof lying withing the public right of way of Edinger Street.
Also except therefrom that portion conveyed to the City of Santa Ana in deed recorded November 4, 2009 as Instrument
No. 2009000597638 of Official Records.
Parcel 2: APN: 407-107-31
The West 80.00 feet of the East 159.00 feet of that portion of the Northwest quarter of the Northeast quarter of Section 22,
Township 5 South, Range 10 West, San Bernardino Base and Meridian, described as follows:
Beginning at the Southwest comer of the said Northwest quarter of the Northeast quarter of Section 22; running thence
North 88 degrees 50' East 315.62 feet along the South line of the said Northwest quarter; thence North 0 degrees 20' 40"
West 274.42 feet along a line parallel with the West line of the said Northwest quarter thence South 89 degrees 30' West
315.59 feet to a point in the said West line of the Northwest quarter, said point being located 277.91 feet North 0 degrees
20' 40" West from the said Southwest comer; thence South 0 degrees 20' 40" East 277.91 feet along said West line to the
point of beginning.
Except therefrom that portion lying within the following:
Beginning at the Southwest comer of the said Northwest quarter of the Northeast quarter of Section 22; running thence
North 88 degrees 50' East 236.62 feet along the South line of said Northwest quarter; thence North 0 degrees 0' 40" West
170.55 feet to the true point of beginning; thence East at right angles 5 feet; thence North at right angles 10 feet; thence
West at right angles 10 feet; thence South at right angles 10 feet; and thence East at right angles 5 feet to the true point of
beginning.
Also except therefrom the South 20 feet
Also except therefrom that portion conveyed to the City of Santa Ana in deed recorded November 4, 2009 as Instrument
No. 2009000597638 of Official Records.
Parcel3: APN: 407-107-22
An undivided''/3 interest in and to the following:
Beginning at the Southwest corner of the said Northwest quarter of the Northeast quarter of Section 22; running thence
North 88 degrees 50' East 236.62 feet along the South line of said Northwest quarter; thence North 0 degrees 0' 40" West
170.55 feet to the true point of beginning; thence East at right angles 5 feet; thence North at right angles 10 feet; thence
West at right angles 10 feet; thence South at right angles 10 feet; and thence East at right angles 5 feet to the true point of
beginning.
Assessor's Parcel Numbers(s):
1: 407-107-31
2: 407-107-32
3: 407-107-22
we