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Home My WebLink AboutHANNAH INDUSTRIES, INC. 1-2009'AUG 2 7 ~~~~ N-2009-103. p; ~WAC3~ PURCHASE AND SAlE AGREEMENT FOR ACQUISITION OF REAL PROPERTY . _ Sours Am--rt~~ AND BILATERAL ESCROW INSTRUCTIONS « ,~ THI AGR EMENT (hereinafter PSA ), entered into on __ __1/~__, 2 0 0 9 , between the CITY OF SANTA ANA, a charter city and munici I corporation duly organized under the Constitution and laws of the State of California (hereinafter "City" or "Buyer"), and Hannah Industries, Inc., a Califomia corporation (hereinafter "Seller"), regardless of number or gender; THEREFORE, for and in consideration of its mutual promises, covenants and agreements, and subject to the terms, conditions and provisions of this PSA, Seller agrees to sell to City, and City agrees to purchase from Seller, a portion of that certain real property (hereinafter "Said Real Property") legally described and depicted as follows: SEE EXHIBIT "A" -Legal Description and EXHIBIT "B" -Graphical Depiction ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF (Commonly known as a portion of 401-S~ Santa Fe Street, Santa Ana, Ca) Said purchase and sale of Said Real Property shall be in accordance with and subject to all of the following terms, conditions, promises, covenants, agreements and provisions, to wit: 1. Conveyance by Seller. Seller agrees to convey Said Real Property to City, by Grant Deed, within thirty (30) days from and after the date on which the City has approved this PSA. 2. Title to be Conveyed. (a) The Seller's interest to the Real Property will be conveyed to City by Seller by Grant Deed as set forth in Exhibit "C" to this PSA. (b) Seller agrees to convey to City a Temporary Construction Easement (hereinafter "TCE") as described in the attached Exhibit "A-1" and depicted on the attached Exhibit "B." The TCE is also described in greater detail in Exhibit "D," the TCE Deed, attached hereto and by this reference made a part hereof 3. Property Taxes. Real property taxes, if any, on Said Real Property for the fiscal year within which Said Real Property is conveyed to City as are unpaid at the time of said conveyance shall be cleared and paid in accordance with the provisions of Section 4986 and 5081 of the Revenue and Taxation Code of the State of California. All unpaid taxes on Said Real Property for any and all years prior to the fiscal year within which said conveyance is made shall be paid by Seller before conveyance of Said Real Property to City. 4 Payment of Purchase Price. City agrees to pay to Seller, and Seller agrees to accept from City, as and for the full purchase price for Said Real Property, fixtures & equipment, improvements pertaining to the realty, goodwill (if any), severance damages (if any), and a TCE, the total sum of Four Thousand Eight Hundred and Ninety Dollars and No/100 Dollars ($4,890.00}. 5. Deadline for Payment of Purchase Price. City agrees to pay the purchase price of Four Thousand Eight Hundred and Ninety Dollars and No/100 Dollars ($4,890.00) to Seller within THIRTY (30) days from receipt of a fully executed Grant Deed and confirmation that Seller has marketable title to Said Real Property. 6. Recordation of Grant Deed. Buyer shall not record the Grant Deed until City has paid Seller the full Purchase Price for Said Rea( Property. 7. ~. Possession. Seller agrees to deliver to City, on the date the Deed conveying Said Real - - Property to City is recorded, quiet and peaceful possession of Said Real Property. 8. Waivers. The waiver by City of any breach of any covenant or agreement herein co i on the part of the Seller shall not be deemed or held to be a waiver of any subsequent or other breach of said covenant or agreement nor a waiver of any breach of any other covenants or agreements contained herein. 9. Heirs Assigns, Successors-in-Interest. This PSA, and all the terms, covenants and conditions hereof, shall apply to and bind the heirs, executors, administrators, successors and assigns of the respective Parties hereto. 10. Time is of the Essence. In all matters and things hereunder to be done and in all payments hereunder to be made, time is and shall be of the essence. 11. Permission to Enter on Premises. It is understood and agreed that for project planning and funding purposes the Seller hereby grants to Buyer and authorized agents or contractors, the right of possession to the area described in Exhibit "A-1 ", "B" and "D" to perform the work described in Paragraph 25. However, said right of possession and use shall not be exercised prior to the Buyer, or Buyer's agent, providing Seller with a 48-hour prior written notice to perform the construction items listed in Paragraph 25 below. The right to use the property shall .continue in effect for a period of twelve (12) months. All efforts shall be made to complete the described work within the proscribed period of time; however, extraordinary circumstances may occur which may require additional time to complete the work (i.e. rain, labor dispute, shortage of materials). It is agreed that should the actual use extend beyond the time period delineated above, and the occurrence is verified through the contractor or City/State project inspection logs, the Buyer agrees to pay at the rate of $15.83 per month, prorated to the actual date of Buyer's termination of use. It is further understood that in no event shall the Buyer's use of the property exceed the early of either the term of the TCE described above or the project completion date. 12. Notices. The mailing address of the City of Santa Ana is 20 Civic Center Plaza, M-36, P.O. Box 1988, in the City of Santa Ana .92701, County of Orange, State of California. The mailing address of the Seller is: Hannah Industries, Inc. c/o South Coast Water 401 S. Santa Fe Street, Santa Ana, CA 92705-4139 ATTN: Roy E. Hall 13. Entire Agreement. It is mutually agreed that the Parties hereto have herein set forth the whole of their Agreement. Performance of this PSA by City shall lay at rest, each, every, and all issue(s) that were raised or could have been raised in connection with the acquisition of Said Real Property by City. 14. Expiration of Agreement. This PSA shall terminate and become unenforceable by any Party if City has not completed the acquisition of Said Real Property and paid the Purchase Price therefore to Seller before September 31, 2009. 15. Indemnity. Seller agrees to indemnify, defend and hold the City harmless from and against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage, or expense (including, without limitation, attorneys' fees), resulting from, arising out of, or based upon (i) the presence, release, use, generation, discharge, storage, or disposal of any Hazardous Material on, under, in or about, or the transportation of any such materials to or fro - Property, or (ii) the violation, or alleged violation, of any statute, ordinance, order, rule, regulaf permit, judgment, or license relating to the use, generation, release, discharge, storage, disposal, or transportation of Hazardous Materials on, under, in, or about, to or from, the Property. This indemnity shall include, without limitation, any damage, liability, fine, penalty, punitive damage, cost, or expense arising from or out of any claim, action, suit or proceeding for personal injury (including sickness, disease, or death, tangible or intangible property damage, compensation for lost wages, business income, profits or other economic loss, damage to the natural resource or the environment, nuisance, pollution, contamination, leak, spill, release, or other adverse effect on the environment). This indemnity extends only to liability created prior to or up to the date this escrow shall close. Seller shall not be responsible for acts or omissions to act post close of this escrow. 16. Modification and Amendment. This PSA may not be modified or amended except in writing signed by the Seller and City. 17. Partial Invalidity. Any provision of this PSA that is unenforceable or invalid or the conclusion of which would adversely affect the validity, legality, or enforcement of this PSA shall have no effect, but all the remaining provisions of this PSA shall remain in full force. 18. Captions. Captions and headings in this PSA, including the title of this PSA, are for convenience only and are not to be considered in construing this PSA. 19. Governing Law. This PSA shall be governed by and construed in accordance with the laws of the State of California. 20. No Reliance By One Party On The Other. Each party has received independent legal advice from its attorneys with respect to the advisability of executing this PSA and the meaning of the provisions hereof. The provisions of this PSA shall be construed as to their fair meaning, and not for or against any party based upon any attribution to such party as the source of the language in question. 21. No Third Party Beneficiary. This PSA is intended to benefit only the Parties hereto and no other person or entity has or shall acquire any rights hereunder. 22. Duty To Cooperate Further. Each party hereby agrees that it shall, upon request of the other, execute and deliver such further documents (in form and substance reasonably acceptable to the party to be charged) and do such other acts and things as are reasonably necessary and appropriate to effectuate the terms and conditions of this PSA, without cost. 23. Applicability of Agreement To Assignees. This PSA shall be binding upon and shall inure to the benefit of the successors and assigns of the Parties to this PSA. 24. Authority to Execute Agreement. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this PSA, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 25. Construction Contract and Curative Work. (a) It is understood and agreed by and between the parties hereto in addition to the compensation shown in Paragraph 2 hereinabove, the Buyer, its contractors or assigns, shall perform the following construction contract items at the time of the installation of the proposed project: i. None ~ ~' :~ b It is understood and agreed by and between the parties hereto that the compensatioakd~~,, (> Seller through this Agreement includes the value of the cost to remove, relocate, recons~r`u"~ ` '°: ;, ,~.. and/or refurbish the following improvements located on the Property: °?° Tree 26. Incorporation of Exhibits. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this PSA. IN WITNESS WHEREOF, the Parties hereto have executed this PSA on the date and year first written above. S ER: Han h Industries, Inc., a California corporation Roy E. City/Buyer City of Santa Ana David N. Ream City Manager Attest: MARIA D. HUIZAR CITY CLERK Approved as to Form: Joseph W. Fletcher City Attorney Jose andoval Sent r Managing Assistant City Attorney 2oa9 Date: ~ ~ , Date: ~ ~ , 2009 Date: B~L~ , 2009 Date: 111 ~ \ , 2009 Coast Surveying, Inc. July 10,2008 EXHIBIT "A" LEGAL DESCRIPTION ,.: ~, CHE-PCL-3 ~~ ~~_r :~' .-~. THAT PORTION OF LOT 1 OF TRACT NO. 5739, IN THE CITY OF SANTA ANA, COUNTY OF '~ ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 207, PAGES 39 AND 40 OF MISCELLANEOUS MAP, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 1; THENCE ALONG THE NORTH LINE OF SAID LOT SOUTH 89°13'47" WEST 17.54 FEET; THENCE SOUTH 45°45°53" EAST 12.83 FEET; THENCE NORTH 89°13'43" EAST 6.07 FEET; THENCE NORTH 53°32'55" EAST 5.14 FEET TO THE NORTHEASTERLY LINE OF SAID LOT 1, ALSO BEING THE SOUTHWESTERLY LINE OF THE RIGHT OF WAY OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, SAID POINT BEING ON A NONTANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 1935.08 FEET, A RADIAL BEARING TO SAID POINT BEARS SOUTH 72 50'13' WEST; THENCE NORTHWESTERLY 6.33 FEET ALONG SAID CURVE AND SAID NORTHEASTERLY LOT LINE THROUGH A CENTRAL ANGLE OF 00°11'14" TO THE POINT OF BEGINNING. CONTAINING 122 SQUARE FEET, MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. DATED THIS 10T" DAY OF JULY, 2008. LAND- S . =~~~P ~~t c~~ -U~.~- ~ ~ ~~ GWEN-VERA DEL CASTILLO, PLS 5108 ~' ~ L.S. 5708 ~ ~ REGISTRATION EXPIRES 6/30/09 ~, EXP. 630/09 _~ CAS JN 107069-04 Santa Ana CHE-PCL-3 ~~ ,,~~. ~~~ ~ ~ CL CHESTNUT AVENUE - - - - I \ I- '~' N73°01'27"E w ~ T.P.O.B. ~ T.C.E. (RAD) ~ PCL. A P.O.C. ILw'- 2 10 T.C.E. Q 3 PCL. A&B Q 1 N72'50'13"E U' PARCEL A (RAD) ~' 4 I `~ 9 6 5 7 N72°44'39"E 8 (RAD) T.P.O.B. T.C.E. (~~p~ ~ PCL. B \ ~ 25 ~~Q~~ ~~° ~~~~ PARCEL B ~ [M~°I~° 207 9 ~3~~~0 •~ 25 ~ ~•T TEMPORARY CONSTRUCTION '~ EASEMENT '~ BEARING DISTANCE 2 S89° 13' 47" W 17, 54' 3 S89° 13' 47" W 7, 07' 4 S45° 45' S3" E 12, 83' 5 N89° 13' 43" E 7, 0 7' 6 N45° 45' S3" W 12, 83' 7 N89° 13' 43" E 6, 07' 8 N89° 13' 43" E 5. 0 6' 10 N53° 32' S5° E 5. 14' DELTA RADIUS LENGTH 1 00° 11' 14" 1935, 08' 6, 33' 9 00° 05' 34" 1935. 08' 3, 13' 0~ ST SURVEYING, INC. 15031 PARKWAY LOOP, SUITE 8 TUSTIN, CA 92780-6527 (714) 918-6266 >B #~ 107-069 aTE: 7 09 OS T CALF: 1 "=20' RIGHT OF WAY & TEMPORARY CONSTRUCTION EASEMENT HEET 1 OF 1 \CHE-PCL-3.dgn 7/10/2008 12:57:41 PM When recorded, please mail this instrument and tax statements to: Clerk of the Council City of Santa Ana 20 Civic Center Plaza, M-36 Santa Ana, California 92701 Free recording requested by THE CITY OF SANTA ANA PER GOVERNMENT CODE SECTION 6103 CANCEL AGENCY(IES) APPROVED BY DESCRIPTION DESCRIPTION A.P. R/W MAP TAXES PUBLIC WORKS DIRECTOR WRITTEN BY CHECKED-0.K NUMBER NUMBER 011-302-06 Portion of 401 S. Santa Fe Street, Santa Ana, California MAIL TAX STATEMENTS AS DIRECTED ABOVE TEMPORARY CONSTRUCTION EASEMENT DEED PROJECT NUMBER Exhibit "D" N-2009-103 FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Hannah Industries, Inc., a California corporation Does Hereby Grant to THE CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California, , a temporary easement for purposes incidental to construct the proposed improvements to 401 S. Santa Fe Street, in, on, over and across that certain real property in the City of Santa Ana, County of Orange, State of Califomia, as described and depicted on "Temporary Construction Exhibits "A° and "B', which is attached hereto by reference and made a part hereof. This permission is granted subject to the following conditions being fulfilled by City: (A) Additional construction parameters within the Temporary Construction area will be as follows: (B) During construction of driveway approaches, access to the business will be maintained at all times. In some cases, construction of one- half of adriveway approach at a time may be required. At no time, the contractor shall block access to the business during construction. (C) City shall indemnify the undersigned against and hold the undersigned harmless of any loss of or damage to any property, or injury or death of any person whomsoever, proximately caused in whole or in part by negligence of City of by any act or omission for which the City is liable in the exercise of the rights herein granted. It is understood that the period of use of said easement shall exist for a period of no more than 12 months and shall commence with the first ent el's property by City's contractor. In the event' that actual use extends beyond 12-months, and said use is verified through the Ci 's/State contractor log, the City shall pay the owner at the rate of $15.83 per month prorated to the actual date said use terminates. This e sement hall terminate upon completion of said construction and in any event shall cease and terminate not later than August, 2011. corporation Date: ~ ^ ~ ~ , 2009 Roy E: Hall STATE OF CALIFORNIQ,~,. n ~ }ss. COUNTY OF ii CJ ^~yrv ~Q ~ ~Q j On ~ Cl ,2009, b f re me, ~ ti ~ - -"~-- ~~ ~ ~ "~ personally appeared ~ ~ d ,who proved to me on the bas satisfactory evidence to be the persorl(y'rwhose name(s'f~ls~a-subscribed to the thin instrument and acknowledged to me that he/she/they executed the same inl ii r~ft#~eirauthorized capacity i~aJ, and that by Is h ' signature( on the instrument the personf~ or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and L. KANE N COMM. ~ 1646956 NoTaRr Pueuc•wul~oltta+s ~ Oa,-rloE Cowin Signature 11r Couw. EXP. fie. 2i, 2010' IGNATURE OF NOTARY PUBLIC PLACE N SPACE ABOVE THIS LINE FOR RECORUttt'S u5t Coast Surneying, Inc. 7uly 10, 2008 EXHIBIT "A-1" LEGAL DESCRIPTION CHE-PCL-3 TEMPORARY CONSTRUCTION EASEMENTS Cpp~, THOSE PORTIONS OF LOT 1 OF TRACT NO. 5739, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 207, PAGES 39 AND 40 OF MISCELLANEOUS MAP, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: PARCEL A COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 1; THENCE ALONG THE NORTH LINE OF SAID LOT SOUTH 89°13'47" WEST 17.54 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 45°45'53" EAST 12.83 FEET; THENCE SOUTH 89°13'43" ° ~~ WEST 7.07 FEET; THENCE NORTH 45 45'53 WEST 12.83 FEET TO THE NORTHERLY LINE OF SAID LOT 1; THENCE ALONG SAID NORTHERLY LINE NORTH 89°13'47" EAST 7.07 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 64 SQUARE FEET, MORE OR LESS. PARCEL B COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 1; THENCE ALONG THE NORTH LINE OF SAID LOT SOUTH 89°13'47" WEST 17.54 FEET; THENCE SOUTH 45°45°53" EAST 12.83 FEET; THENCE NORTH 89°13'43" EAST 6.07 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 53°32'55" EAST 5.14 FEET TO THE NORTHEASTERLY LINE OF SAID LOT 1, ALSO BEING THE SOUTHWESTERLY LINE OF THE RIGHT OF WAY OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, SAID POINT BEING ON A NONTANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 1935.08 FEET, A RADIAL BEARING TO SAID POINT BEARS SOUTH 72°50'13" WEST; THENCE SOUTHEASTERLY 3.13 FEET ALONG SAID CURVE AND SAID NORTHEASTERLY LINE THROUGH A CENTRAL ANGLE OF 00°05'34"; THENCE NONTANGENT SOUTH 89°13'43" WEST 5.06 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 8 SQUARE FEET, MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. DATED THIS 10T" DAY OF JULY, 2008. GWEN-VERA DEL CASTILLO, PLS 5108 REGISTRATION EXPIRES 6/30/09 O ~ A N D Sli ~~~,~~p, DEL C.~,~~~ J _~_ ~~ ~' ~ L.S. 5108 ° ~ ~..~ EXP. 6/30/09 ~/~ F CA 7N 107069-04 Santa Ana CHE-PCL-3 TCE CHESTNUT AVENUE I~ W N 'L' d- T.P.O. B. ~ T.C.E. w PCL. A I~ a 3 z Q ~ PARCEL A I 4 h L~Oo ~ ~ ~G°3/AQC~`~ ~IOO° ~7~3g ~10~11° ~Oo~l / ~3g~~0o ,, Y~ fi:-t ~~~., . ,~ \ `. ,~;;~ N73°01'27"E (RAD) P.O.C. ~_ 10 T.C.E. PCL. A&B 1 N72'50'13"E T.P.O.B. T.C.E. PCL. B PARCEL B 8 (RAD) 9 ~ N72°44'39"E (RAD) ~~ v 2~. .~ 25' ~, ~ ~-~, .~ TEMPORARY CONSTRUCTION EASEMENT BEARING DISTANCE 2 S89° 13' 47" W 17, 54' 3 S89° 13' 47' W 7, 0 7' 4 S45° 45' S3" E 1 Z, 83' 5 N89° 13' 43" E 7, 0 7' 6 N45° 45' S3" W 12. 83' 7 N89° 13' 43' E 6, 07' 8 N89° 13' 43° E 5. 0 6' 10 N53° 32' S5" E 5, 14' DELTA RADIU S LENGTH 1 00° 11' 14" 1935. 08' 6, 33' 9 00° 05' 34" 1935, 08' 3. 13' JOB #~ 107- 069 )ATE: 7 09 08 C0~ ST SURVEYING, INC. SCALE: 1' =2O' 1s031 PARKWAY LOOP, SUITE B SHEET 1 OF 1 RIGHT OF WAY & TEMPORARY CONSTRUCTION EASEMENT TUSTIN, CA 92780-6627 {714) 918-6266 \CHE-PCL-3.dgn 7110/2008 12:57:41 PM /' .. ,~.Nhen recorded, please mail this instrument and tax statements to: Clerk of the Council City of Santa Ana 20 Civic Center Plaza, M-30 ~ Santa Ana, California 92701 Free recording requested by THE CITY OF SANTA ANA PER GOVERNNinNT CODE SECTION f`?I O3. Recorded in Official Records, Orange County Tom Daly, Clerk-Recorder 111111 II II I II II II II I III I II 1111111 I I II NO FE E 200900048356210:54am 09110109 106 30 G02 3 o.oo o.oo o.oo o.oo o.ao o.oo o.oo o.oo SPACE ABOVE THIS LINE FOR RECORDER'S CANCEL APPROVED AS TO APPROVED BY DESCRIPTION DESCRIPTION A,p, R/W MAP PROJECT TAXES FORM BY ATTY. DIltECTOR WRTTTBN BY CHECKID-O.K. NUMBER 011-302-06 NUMBER NUMBER R Portion of 401 S. Santa Fe Street, Santa Ana, CA 92705 DEED NUMB~t ~~` .} .>, Y .~ GRANT DEED N-2009-103 , ~~; FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Hannah Industries, Inc., a California corporation Do Hereby Grant to THE CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California, easement for public right-of-way purposes in, on, over under, and througi~ t1,e real property ir. the City of Salta Ana, County of Orange, State of California, located at 40'! S. Santa Fe Street described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERt=1VC1=~VIADE A PART HEREOF; Dated: ~ ~ ~.~ `- ( g - y Roy E:' a1 ~, ,_; State of California County of ~(c~~.Q~ _~ i1 On '` t i o b~re e (, , ~ ~~-- a Notary Public, personally appeared - who proved to me on the basis of satisfactory a 'once to be the persory(~ whose nam s !s`l~re subscribed to the within instrument and acknowledged to me that t~T~/,~cfthey executed the same in is/ authorized capacity,(iae), and that by ~~;;~e#their signature(, on the instrument the persons or the entity upon behalf of which the persons 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. .~~ L. KANE WITNESS my hand and official seal. Coarl.il 1646956 to NOTARY PUBIIC•CALKOIINIA =, ~ ~ / MY Ca~N~. Exv. f~ 21, 2010 `' Signature ' `~----~ (This area for official notary seal) H~'nnah Indu nos, I c., a lifornia corporation ,~ ~ ~, EXHIBIT "A" LEGAL DESCRIPTION CHE-PCL-3 Coast Surveying, Inc. July 10, 2008 THAT PORTION OF LOT 1 OF TRACT NO. 5739, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 207, PAGES 39 AND 40 OF MISCELLANEOUS MAP, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 1; THENCE ALONG THE NORTH LINE OF SAID LOT SOUTH 89°13'47" WEST 17.54 FEET; THENCE SOUTH 45°45°53" EAST 12.83 FEET; THENCE NORTH 89°13'43" EAST 6.07 FEET; THENCE NORTH 53°32'55" EAST 5.14 FEET TO THE NORTHEASTERLY LINE OF SAID LOT 1, ALSO BEING THE SOUTHWESTERLY LINE OF THE RIGHT OF WAY OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, SAID POINT BEING ON A NONTANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 1935.08 FEET, A RADIAL BEARING TO SAID POINT BEARS SOUTH 72°50'13" WEST; THENCE NORTHWESTERLY 6.33 FEET ALONG SAID CURVE AND SAID NORTHEASTERLY LOT LINE THROUGH A CENTRAL ANGLE OF 00°11'14" TO THE POINT OF BEGINNING. CONTAINING 122 SQUARE FEET, MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. DATED THIS 10T" DAY OF JULY, 2008. ~O ~ pN0 S~ ~ gyp. DEL c ~G w~-U~~. d.r..~ ~~~~.~t~ GWEN-VERA DEL CASTILLO, PLS 5108 REGISTRATION EXPIRES 6/30/09 ~~ ~/ ~E~ ~ ~s~, ~ ~ , ~~ ~o L.5. 5308 ° ~ EXP. 6/30/09 ~ _~_ CA~-~ JN 107069-04 Santa Ana CH6-PCI~ 3 CHESTNUT AVENUE I W N W o' ~ T.P,O.B. cn T, C. E. w PCL. A Iw Q (~ z a ~ PARCEL A~ C ~~~ ~ ~G°3GA~~ f~0o ° g~l~3g ~l°~il° 2200~1~~3g~~0o h T. P.O.B. T.C.E. PCL. B PARCEL B TEMPORARY CONSTRUCTION EASEMENT BEARING DISTANCE 2 S89° 13' 47" W 1 7, 54' 3 S89° 13' 47" W 7. 07' 4 S45° 45' S3" E 12. 83' 5 N89° i 3' 43" E 7. 0 7' 6 N45° 45' S3" W 12. 83' 7 N89° 13' 43" E 6. 0 7' 8 N89° 13' 43" E 5. 06' 10 N53° 32' S5" E 5. 14' DELTA RADIU S LENGTH 1 0 0 ° 1 1' 14" 1935, 0 8' 6. 33' 9 00° 05' 34" 1935, 08' 3. 13' 25, ,~ of #~ 107-069 a,TE: 7 09 08 GALE: 1 '=20' CO% S / SURVEYING, INC. HEFT 1 OF 1 RIGHT OF WAY & TEMPORARY CONSTRUCTION EASEMENT ~sos~ PARKWAY LOOP, SUITE B TUSTIN, CA 92780-6s27 (714) 918-6266 1CHE-PCL-3.dgn 7/10/2008 12:57:41 PM 1 1 N73°01'27"E (RAD) P.O.C. T.C.E. nPCL. A&B '~ N 72'50' 13"E )(RAD) N72°44'39"E (RAD) \~ v 5' ~ 2 ~, ~ '~