HomeMy WebLinkAbout25E - AGMT CHASE FAMILY TRUST - EAST ENDREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
APRIL 17, 2018
TITLE:
APPROVE SETTLEMENT AGREEMENT
WITH NANCY FAINBARG CHASE AND
STEVEN FAINBARG AND EAST END
REALTY PARNTERS, LP FOR PORTIONS
OF REAL PROPERTY AT 201 E. FOURTH
STREET, 219 E. FOURTH STREET, AND
300 E. FIFTH STREET
(STRATEGIC PLAN NO. 4, 1)
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
❑ As Recommended
❑ As Amended
❑ Ordinance on 16' Reading
❑ Ordinance on 2nd Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Authorize the City Manager and Clerk of the Council to execute a settlement agreement with
Nancy Fainbarg Chase and Steven Fainbarg and East End Realty Partners, LP to modify real
property boundaries at 201 E. Fourth Street, 219 E. Fourth Street, and 300 E. Fifth Street (APNs
398-327-01, 06, 07, 08, 09), subject to non -substantive changes approved by the City Manager
and City Attorney.
DISCUSSION
During the 1980's, the City and the Santa Ana Community Redevelopment Agency (CRA)
coordinated with Fiesta Marketplace Partners to redevelop what was the Fiesta Marketplace
area of downtown, including the block bordered by Fourth Street, Fifth Street, Bush Street and
Spurgeon Street. The improvements to the block consisted of construction of a parking structure
at 300 E. Fifth Street, a new two-story building at 201 E. Fourth Street, and refurbishment of the
building at 219 E. Fourth Street. A drive aisle was also constructed to serve as rear access to
the 201 E. Fourth Street building.
Prior to the improvements, lots were assembled through purchase by the City, CRA, Nancy
Fainbarg Chase and Steven Fainbarg, and Fiesta Marketplace Partners. The lot configuration in
place at the time of development did not conform to the newly built structures (Exhibit 1). The
City currently owns the parking structure at 300 E. Fifth Street (APNs 398-327-01, 07, and 08),
Nancy Fainbarg Chase and Steven Fainbarg own the property at 219 E. Fourth Street (APN 398-
327-06), and East End Realty Partners, LP owns the property at 201 E. Fourth Street (APN 398-
327-09). Although the intent of the project was to adjust the property boundaries to align with the
25E-1
Settlement Agreement with Nancy Fainbarg Chase & Steven Fainbarg
and East End Realty Partners, LP
April 17, 2018
Page 2
parking structure and buildings (Exhibit 2), staff recently discovered that the lot line adjustments
were not accomplished. As a result, the City's parking structure encroaches onto a parcel owned
by Nancy Fainbarg Chase and Steven Fainbarg, and the building at 201 East Fourth Street
encroaches onto a parcel owned by the City.
In order to gain ownership to the excepted portion of the parking structure, correct the lot
configurations within the block, and remove maintenance and liability obligations associated with
property the City cannot access, staff recommends approval of a settlement agreement to
transfer ownership of encroached -upon properties. Following the execution of the agreement,
staff will process lot mergers to consolidate each of the parcels and remove any lot lines through
buildings.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
STRATEGIC PLAN ALIGNMENT
Approval of this item allows the City to meet Goal #4 — City Financial Stability, Objective #1
(Maintain a stable, efficient and transparent financial environment).
FISCAL IMPACT
There is no fiscal impact associated with this action
Robert Zur Sch e I
Interim Executive n ctor
Community Development Agency
Exhibits: 1. Existing Configuration
2. Proposed Configuration
3. Settlement Agreement
25E-2
IJ CITY OWNERSHIP
FAINBARG OWNERSHIP
® EAST END REALTY PARTNERS OWNERSHIP
EXHIBIT
SANTA au nu.,
SETTLEMENT AGREEMENT WITH EAST
lPWAEND REALTY PARTNERS, NANCY
i= FAINBARG CHASE. AND STEVEN FAINBARG
�2!
I CITY OWNERSHIP
® FAINBARG OWNERSHIP
® EAST END REALTY PARTNERS OWNERSHIP
EXHIBIT 2
SANTA ANA Tipp
SETTLEMENT AGREEMENT WITH EAST
P. WA . END REALTY PARTNERS, NANCY
FAINBARG CHASE, AND STEVEN FAINBARG
.="ftla a
EXHIBIT 3
SETTLEMENT AGREEMENT
This SETTLEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made
and entered into as of , 2018, by and between the City of Santa Ana
(hereinafter referred to as "City"), Nancy Fainbarg Chase & Steven Fainbarg (hereinafter referred
to as "Fainbarg"), and East End Realty -Partners, LP (hereinafter referred to as "East End'). At
times hereinafter, East End, Fainbarg, and the City are collectively referred to hereiri as "the
Parties" and individually as a "Party."
RECITALS
A. During the 1980's, the City and the Santa Ana Community Redevelopment Agency
("CRA") coordinated with Fiesta Marketplace Partners to redevelop what was the Fiesta
Marketplace area of downtown, including the block bordered by Fourth Street, Fifth Street, Bush
Street and Spurgeon Street. The improvements to the block consisted of construction of a parking
structure at 300 East Fifth Street, a new two-story building at 201 East Fourth Street, and
refurbishment of the building at 219 East Fourth Street. A drive aisle was also constructed to serve
as rear access to the 201 East Fourth Street building.
B. Prior to the improvements, lots were assembled through purchase by the City, CRA
and the Fainbarg entities. The lot configuration in place at the time of development did not conform
to the newly built structures. Although the intent of the project was to adjust the property
boundaries to align with the parking structure and buildings, the lot line adjustments were not
accomplished. As a result, the City's parking structure encroaches onto a parcel owned by
Fainbarg, and the building at 201 East Fourth Street encroaches onto a parcel owned by the City.
C. In order to gain ownership to the excepted portion of the parking structure, correct
the lot configurations within the block, and remove maintenance and liability obligations
associated with property the Parties do not necessarily have a right to access, this Agreement
intends to approve transfer of ownership to encroached -upon properties. Following the execution
of this Agreement, lot mergers will be processed to consolidate each of the parcels and remove
any lot lines through buildings.
D. The following properties comprise the subject of this Agreement: APNs 398-327-
01, 06, 07, 08, 09 ("Subject Properties").
E. The Parties wish to settle, resolve, and compromise any potential disputes and
controversies existing between them arising out of and/or relating to, without limitation, the
ownership interests and placement of lot lines between the Subject Properties, and any other facts,
claims, demands, or causes of action existing as of the execution date of this Agreement and
relating to the Subject Properties, whether known or unknown. The Parties wish to avoid incurring
the cost, expense, and disruption that would come with prosecuting and defending any litigation,
and the Parties intend to achieve a full and complete settlement of all issues and claims involving
each other relating to the Subject Properties,
NOW, THEREFORE, in consideration of the foregoing recitals and of the mutual
covenants set forth below, the Parties agree as follows:
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EXHIBIT 3
1. Recitals. The recitals set forth in paragraphs A through E are true and correct and
are hereby fully incorporated by reference into this Agreement.
2. Effective Date. The Effective Date of this Agreement shall be the date on which
this Agreement is fully executed by all of the Parties.
3. No Precedent. This Agreement is in no way intended, and shall in no way be
construed, to restrict rights guaranteed to the City under local, state, and/or federal law, rule,
policy, or agreement, or to establish a precedent or formal policy of the City in this or any other
matter, now or in the future.
4. No Admission of Liability. This Agreement shall not in any way be construed as
an admission by any of the Parties of any unlawful or wrongful acts or other liability whatsoever
against each other or against any other person. The Parties specifically disclaim any liability to,
or wrongful acts against, each other or against any other person on the part of themselves, any
related person, or any related predecessor entity or corporation, or its or their agents,
representatives, or successors in interest and assigns, in relation to the matters addressed in this
Agreement.
apply:
Settlement Terms. Upon execution of this Agreement, the following terms shall
a. The Parties hereby approve and shall take all actions necessary to effectuate
the exchange of the Subject Properties pursuant to the following transactions:
Fainbarg shall transfer to the City the portion of property as detailed in the
Legal Description provided in Exhibit A attached herewith and
incorporated herein by reference. Further detail of said property is provided
in the Sketch attached hereto as Exhibit B and incorporated herein by
reference.
ii. The City shall transfer to East End the portion of property as detailed in
the Legal Description provided in Exhibit C attached herewith and
incorporated herein by reference. Further detail of said property is provided
in the Sketch attached hereto as Exhibit D and incorporated herein by
reference.
iii. The City shall transfer to Fainbarg the portion of property as detailed in
the Legal Description provided in Exhibit E attached herewith and
incorporated herein by reference. Further detail of said property is provided
in the Sketch attached hereto as Exhibit F and incorporated herein by
reference.
b. There shall be no monetary compensation between the Parties for the
exchange of the Subject Properties.
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EXHIBIT 3
C. After executing and recording the Grant Deeds necessary to exchange the
Subject Properties as described in section 5(a) above, the Parties shall process the following
Lot Mergers to join the new lots accordingly;
L Voluntary Lot Merger No. 2014-09 by East End;
ii. Voluntary Lot Merger No. 2014-11 by Fainbarg; and,
iii. Voluntary Lot Merger No. 2015-01 by the City.
d. The Parties agree to cooperate fully in the performance of this Agreement
and to execute any and all supplementary documents and take all additional actions that
may be necessary or appropriate to give full force and effect to the terms and intent of this
Agreement, and that are not inconsistent with the Agreement's terms.
C. No Party, including the attorneys for any Party, has made any
representations or warranties regarding whether the transfer of the Subject Properties is
subject to taxation. The City does not bear any responsibility for any other Party's tax
liability that may arise as a result of the transfer of the Subject Properties. Each Party
agrees to assume any responsibility for payment of its own taxes due in relation to the
transfer of the Subject Properties.
f. Fainbarg and East End agree to defend, indemnify, and hold harmless the
City from and against any and all claims, debts, liabilities, demands, obligations, costs,
expenses, causes of action, fines, penalties, losses or judgments asserted against the City
by any third party based on or arising out of or in connection with the portions of the
Subject Properties being transferred in accordance with this Agreement ("Claims"),
regardless of whether such Claims arose prior to or after the final transfer in the case of the
portions of parcels being transferred by the City to Fainbarg and East End, and only if such
Claims arose prior to the final transfer in the case of the portion of the parcel being
transferred by Fainbarg to the City.
6. Mutual Release of All Claims and Potential Claims. The Parties, on their own
behalf and on behalf of their respective predecessors and related persons and entities, hereby
release and forever discharge the other Parties, from any and all claims, causes of action, and
demands relating to or arising from the transfer of the Subject Properties that they have or may
have against each other (or their predecessors or related entities), as well as their respective present
and former officials, council members, board members, directors, employees, heirs,
representatives, agents, governing bodies, attorneys, insurers, predecessors -in -interest, successors -
in -interest, and assigns, and any and all persons acting by, through, under, or in concert with any
of them, except for such claims, causes of action, or demands as may be based upon the
commitments expressly undertaken in this Agreement.
7. Release of Unknown Claims. For the purpose of implementing a full and
complete release and discharge of the Parties, as well as their respective present and former
officials, council members, directors, employees, heirs, representatives, agents, governing bodies,
attorneys, insurers, predecessors -in -interest, successors -in -interest, assigns, and any all persons
acting by, through, under, or in concert with any of them, the Parties expressly acknowledge that
3
25E-7
EXHIBIT 3
this Agreement is also intended to include in its effect, without limitation, all claims that the Parties
do not know of or expect to exist in their favor at the time of the execution hereof, and the Parties
agree that this Agreement contemplates the extinguishment of any such claim or claims that in any
way relate to or arise from the transfer of the Subject Properties.
In addition, the Parties expressly waive and relinquish all rights and benefits afforded by
California Civil Code section 1542 relating to the subject matter hereof, and, in doing so,
understand and acknowledge the significance and consequences of such specific waiver of said
provisions of law. Civil Code section 1542 states as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS
WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT
TO EXIST IN HIS OR HER FAVOR AT THE TIME OF
EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM
OR HER MUST HAVE MATERIALLY AFFECTED HIS OR
HER SETTLEMENT.
Initialed by:
City Fainbarg East End
8. Each Party to Bear Their Own Fees and Costs. Each Party shall bear its/his/her
own costs, expenses, and attorneys' fees incurred in connection with the transfer of the Subject
Properties, the administrative and/or legal proceedings preceding or resulting in this Agreement,
and in connection with any other proceedings or actions initiated by any Party against any other
Party in any forum (civil, criminal, administrative, or quasi -administrative) concerning the transfer
of the Subject Properties, and each of the Parties hereto, and each of their respective associated or
related parties, expressly waives any claim for recovery of any such costs, expenses, or attorneys'
fees from the Party. Fainbarg and East End shall be responsible for paying any and all standard
fees required by the City for the processing of lot line adjustments, lot mergers, and related
documents, as necessary to fulfill the transfer of the Subject Properties. Attorneys for all Parties
to this Agreement do likewise expressly waive any claim for recovery of costs, expenses, and/or
attorney's fees from the Party(ies) that are not their client(s) and/or from any source whatsoever,
relating to the matters discussed herein, except as otherwise provided for in this Agreement.
9. Context. Whenever the context so requires in this Agreement, all words used in
the singular shall be construed to have been used in the plural (and vice versa), each gender shall
be construed to include any other genders, and the word "person" shall be construed to include a
natural person, a corporation, a firm, a partnership, a joint venture, a trust, an estate or any other
entity.
10. No Other Terms. This Agreement contains all of the terms and conditions agreed
upon by the Parties hereto regarding the subject matter of this Agreement. Any prior or
contemporaneous agreements, promises, negotiations, or representations, either oral or written,
relating to the subject matter of this Agreement, not expressly set forth in this Agreement, are of
no force or effect.
11. Waiver of Terms of Agreement. No waiver by any Party of any breach of any
term or provision of this Agreement shall be construed to be, nor be, a waiver of any preceding,
25E-8
EXHIBIT 3
concurrent, or succeeding breach of the same, or any other term or provision hereof. No waiver
shall be binding unless in writing and signed by the Party to be charged or held bound.
12. Interpretation. This Agreement has been jointly negotiated and drafted by the
Parties and their respective attorneys, and that it shall not be interpreted or construed in favor of
or against any Party on grounds that said Party drafted the Agreement. The language in this
Agreement shall be construed as a whole according to its fair meaning and not strictly for or against
any of the Parties. The Parties also agree and understand that should any provision of this
Agreement be declared or determined by any court to be illegal or invalid, the validity of the
remaining parts, terms and provisions shall not be affected thereby and said illegal or invalid part,
terms, or provisions shall be deemed not to be part of this Agreement. The Parties further agree
that this Agreement was negotiated and executed in the State of California and shall be interpreted
under the procedural and substantive laws of California as existing as of the Effective Date, without
regard to principles of conflict of laws.
13. Consultation with Counsel. Each Party hereto represents and agrees that he or it
has carefully read and fully understands all of the provisions of this Agreement, and that he, she,
or it is voluntarily, without any duress or undue influence on the part of or on behalf of any Party,
entering into this Agreement. The Parties affirm that, prior to execution of this Agreement, each
of them has consulted with counsel of his, her, or its choice concerning the terms and conditions
set forth herein, and that they agree to the terns and conditions.
14. Execution of Agreement. This Agreement may be executed in one or more
counterparts, each of which shall be deemed an original, but all of which together shall constitute
one and the same instrument. A photocopy, e-mail, or facsimile transmission of the Agreement,
including signatures, shall be deemed to constitute sufficient evidence of the Agreement having
been executed.
15. Authority to Enter Agreement. The Parties warrant that they have the full
authority to enter into this Agreement. Where applicable, all governmental, corporate,
organizational or other action necessary to authorize such execution has been taken and completed.
The signatory of each party to this Agreement has the full right and authority to commit and bind
each.respective Party, and all members and/or individuals related thereto, to the fullest extent of
the law.
16. Confidentiality. The Parties agree that to the maximum extent permissible by law:
(a) the negotiations which gave rise to this Agreement shall not be disclosed, discussed or revealed
by the Parties or their counsel to any other person or entity, except as provided by applicable law.
The Parties agree and acknowledge that this Agreement is a public record subject to disclosure by
the City under California's Public Records Act, and that the City's actions taken in accordance
herewith are, subject to the City's discretion, subject to public disclosure.
17. Enforcement. The Parties agree that any and all disputes regarding this Agreement
shall be brought in the Superior Court of the State of California, Orange County. In any action
brought to enforce any provision of this Agreement, the prevailing party shall be entitled to recover
its attorneys' fees and/or costs.
5
25E-9
EXHIBIT 3
18. Severability. If any provision of this Agreement is held by a court of competent
jurisdiction to be invalid under the law, each such provision can be severed without invalidating
the entire Agreement.
19. Headings. The titles, captions, and headings of the various provisions in the
paragraphs herein are intended solely for convenience and shall not be deemed or construed to
explain, modify, limit or place any construction upon any of such provisions or paragraphs.
20. Modification. No supplement, modification, amendment or change in any terms
of this Agreement shall be binding on the Parties unless in writing and executed by the Parties.
PLEASE READ CAREFULLY. THIS SETTLEMENT
AGREEMENT AND GENERAL RELEASE INCLUDES A
RELEASE BY THE PARTIES OF ALL KNOWN AND
UNKNOWN CLAIMS.
[SIGNATURES ON THE FOLLOWING PAGE]
25E-10
EXHIBIT 3
IN WITNESS WHEREOF, the parties hereto have executed the SETTLEMENT
AGREEMENT.
Dated:
Dated:
Dated:
APPROVED AS TO FORM:
Dated: T
Dated:
NANCY FAINBARG CHASE & STEVEN FAINBARG
By:
Its:
EAST END REALTY PARTNERS, LP
By:
Its:
CITY OF SANTA ANA, a California charter city
By: RAUL GODINEZ II
City Manager
COUNSEL FOR NANCY FAINBARG CHASE &
STEVEN FAINBARG
COUNSEL FOR EAST END REALTY PARTNERS, LP
FOR THE CITY OF SANTA ANA
I•.
• E511MIR I . e
7
25E-11
EXHIBIT 3
EXHIBIT "A"
LEGAL DESCRIPTION
(NANCY FAINBARG CHASE & STEVEN FAINBARG
TO
CITY OF SANTA ANA
EXCHANGE PARCEL:
THOSE PORTIONS OF LOTS 5 AND 81N BLOCK 16 OF THE TOWN OF SANTA ANA, IN THE CIN OF SANTA
ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 2, PAGE 51
OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE RECORDER OF LOS ANGELES COUNTY, DESCRIBED AS
FOLLOWS;
COMMENCING AT THE SOUTHWEST CORNER OF SAID BLOCK 16;
THENCE EASTERLY ALONG THE SOUTHERLY LINE OF SAID BLOCK 16, SOUTH 89°59'47" EAST 249.82 TO THE
SOUTHEAST CORNER OF SAID BLOCK 16;
THENCE NORTHERLY ALONG THE EASTERLY LINE OF SAID BLOCK 16, N 00°00'51" EAST 150.44 FEETTO THE
NORTHEAST CORNER OF SAID LOT 5;
THENCE WESTERLY ALONG THE NORTHERLY LINE OF SAID LOTS, SOUTH 89°57'02" WEST 50.00 FEET TO
THE WESTERLY LINE OF THE EAST 50 FEET OF SAID LOT 5 AND THE TRUE POINT OF BEGINNING;
THENCE CONTINUING WESTERLY ALONG SAID NORTHERLY LINE, SOUTH 89°57'02' WEST 13.00 FEET TO
THE EAST LINE OF THE WESTERLY 20 FEET OF THE EASTERLY 83 FEET OF SAID LOT 8;
THENCE NORTHERLY ALONG SAID EAST LINE, NORTH 00°00'51" EAST 28.00 FEETTO THE NORTH UNE OF
THE SOUTHERLY 28.00 FEET OF SAID LOT 8;
THENCE WESTERLY ALONG SAID NORTH LINE, SOUTH 89°57'02" WEST 20.00 FEET TO THE WESTERLY LINE
OF THE EASTERLY 83 FEETOF SAID LOT 8;
THENCE SOUTHERLY ALONG SAID WESTERLY LINE, SOUTH 00°00'51" WEST 35.50 FEET TO THE SOUTHERLY
LINE OF THE NORTHERLY 7.50 FEET OF SAID LOT 5;
THENCE EASTERLY ALONG SAID SOUTHERLY LINE NORTH 89°57'02" EAST 4.92 FEET;
THENCE NORTH 00030'58" WEST 3.53 FEET;
SHEET 1 OF 3
25E-12
1*1:11-31[&3
EXHIBIT "A"
LEGAL. DESCRIPTION
(LEGAL DESCRIPTION CONTINUED)
THENCE NORTH 88036'02" EAST 28.11 FEET TO THE WEST LINE OF THE EAST 50 FEET OF SAID LOT 5;
THENCE NORTHERLY ALONG SAID WEST LINE, NORTH 00°00'51" EAST 3.80 FEET TO THE NORTH LINE OF
SAID LQT SAND THE TRUE POINT CIPBEGINNING.
CONTAINING: 700.SQUARE FEET, MORE OR LESS.
EXHIBIT "B" ATTACHED. AND BY THIS IlEFERENCE:NIADE':PART HEREOF,
SI ED DAT
25E-13
SHEET 2 OF 3
RHBIT 'B'
SKETCH TO A COMPANY LEGAL DESCRIPTION (NANCY FAINBARG CHASE do STEVEN FAINBARG
TO
CITY OF SANTA ANA
I
r _ M
1 A=89'54'54"
I R=15.00'
L=23.54'
30'
SCALE: 1"=50'
N89'54'540E 309.89' (EAST 310.00'R1)
C L FIFTH ST
N89'54'54 "E 219.88'
n I
`0 10 9
`ti I
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20.00
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954.92'—
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--------- -- — —— I--
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179.82' I - 70.00' ,l I
N89'59-4_rW-245J32-(250.0'RR1)-_
0 0
_ CFOURTH ST
N89'59'47"W 309.81' (WEST 310.00'Rl)
BASIS OF BEARINGS
THE BEARINGS SHOWN HEREON ARE BASED A FIELD SURVEY
OF THIS BLOCK, HOLDING THE BEARING OF THE CENTERLINE
OF BUSH STREET BEING N00'00'00"E PER TOWN OF SANTA
ANA RECORDED IN BOOK 2, PAGE 51 OF MISCELLANEOUS
RECORDS OF LOS ANGELES COUNTY.
LEGEND:
EXCHANGE PARCEL
—EXISTING PROPERTY LINES
------UNDERLYING LOT LINES, BLOCK
16, TOWN OF SANTA ANA
R1 RECORD PER MRLA 2/51
R2 RECORD PER MRLA 9/91
'ENCO ENGINEERING, INC. 16842 VON KARMAN A'
o2�zi�oi8
J BRALEY / ' GATE
L.S. NO. 8446
REG. EXP: 12/31/18
SUITE 150, IRVINE, CA, 92606 (949) 753-811'
25E-14
J BRALEY
LS 8446
30'
3lo
EXHIBIT 3
EXHIBIT "C"
LEGAL DESCRIPTION
CITY OF-,SANTAANA
TO
EAST END REALTY PARTNERS
EXCHANGEPARCEL!
THOSE PORTIONS OF LOTS AND Z IN. BLOCK 16 OFTHETOWN -OF SANTA ANA, IN THE.CITV OF SANTA
ANA, tOUNTYOF ORANGE, STAtt-OF CALIFORNIA, M.SHOW
N ON A MAP RECORDED IN BOOK 2, PAGE Sf
OF MISCELLANEOUS RECORDS, IN THE OFFICE.OF THE RECORDER OFLO COUIqw
OF:LOS ANG LE5 E DESCRIBE
FOW00 PAS
COMMENCING AT THE SOUTHWEST CORNER OF A -A I
THENCE NOWERLY ALONG THEWESTIME OF SAID BLOCK . 16, NORTH 00*00'00'? EAST 100.14 FEET TO
THE SCILITHWESTERLYCORNEROrSAID L -of 6 AND THE TRUE POl`NT OF'BEOINNINPe
THENCE CONTINUING NORTHERLY ALONG, SAID WESTERLY . LINE, NORTH 00-00'00 EAST 31,35 FEET;
-THENCE NORTH 80.46'42" EAST 146i81FEET,
THENCE, SOUTH 00901'04# EAST.18.93 I FEET;
THENCENORTH 890.57'30" EAST 33.04 FEET TO THE WESTERLY LINE OF THE EASTERLY 70;00 FEETpFsA(p
LOT
THENCE SOUTHERLY ALONG SAID-WEStERLY LINE, SOUTH 00000'51" WEST 12.91 FEETTO THE SOUTH LINE
OF SAID LOTS,,
THENCEWESTERLYALONG THE SOUTH. LINE OF LOTS 5 & 6, 5OUTH-,a9'58'06 WEST 179.85 FEETT.O.THE
WEST LINE OF SAID BLOCK IISAND THE TRUE POINT OF.BE:GINNING,
CONTAINING: 5,065 SQUARE, FEET, MORE OR LESS.
EXHIBIT "D" ATTACHED AND BY THIS REFERENCE MADE A PART HEREOF,
a
SIGNEEr DATE
No. 8446
SHEET 10F 2
25E-15
PXHIRIT I
EXHIBIT 'D'
SKETCH TO A COMPANY LEGAL DESCRIPTION CITY OF SANTA ANA
TO
EAST END REALTY PARTNERS
- - _ N89'54'54"E 309.89' (EAST 310.00'R1)
- C L FIFTH ST
0 0
N89'54'54"E 219.88'
r6=90'05'57"
A=89'54'54"
30'
�I
30'
SCALE: I"=50'
I R=15.00'
L=23.54' \"J� 0 19 L=23.59' 1
c
------ i __---_-_---_I
7 18
M— — — — — — — — — — — — _------ _ — —�1�
M N89'46'42"E 146.81'ui
N \ N00'01' 04'W 18.93' N
oO Ln
M 6 5 7N89-57 30-E 33.04' I N
(30'00'51 "E 12.91' o
zI'- N89'58'06"E 179.85' I - - - - - - - - o
TPOB I I z
(( I
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30'
ul
2 I 30'
I
179.82' I - 70.00' - -
-N89'59'470'W-24"2'-(250.00'Rt)- ---
0 0
a _ C/L FOURTH ST
N89 -59-47-V 309.81' (WEST 310.00'R1)
BASIS OF BEARINGS
THE BEARINGS SHOWN HEREON ARE BASED ON A FIELD
SURVEY ON THIS BLOCK, HOLDING THE BEARING OF THE
CENTERLINE OF BUSH STREET BEING N00'00'00"E PER TOWN
OF SANTA ANA RECORDED IN BOOK 2, PAGE 51 OF
MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY.
LEGEND:
EXCHANGE PARCEL
—EXISTING PROPERTY LINES
- - -
-UNDERLYING LOT LINES, BLOCK
16, TOWN OF SANTA ANA J tRALEY OATE
R1 RECORD PER MRLA 2/51 REG. EXP; 1%31/18
R2 RECORD PER MRLA 9/91 .
25E-16
J BRALEY
LS 8446
EXHIBIT 3
EXHIBIT "E"
LEGAL DESCRIPTION
CITY OF SANTA ANA
TO
NANCY FAINBARG CHASE & STEVEN FAINBARG
EXCHANGE PARCEL:
THOSE PORTIONS OF LOTS 5 IN BLOCK 16 OF THE TOWN OF SANTA ANA, IN THE CITY OF SANTA ANA,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 2, PAGE 51 OF
MISCELLANEOUS RECORDS, IN THE OFFICE OF THE RECORDER OF LOS ANGELES COUNTY, DESCRIBED AS
FOLLOWS:
PARCEL A:
COMMENCING AT THE SOUTHWEST CORNER OF SAID BLOCK 16,
THENCE ALONG THE SOUTHERLY UNE OF SAID BLOCK 16, SOUTH 89°59'47" EAST 249,82 FEET TO THE
SOUTHEAST CORNER OF SAID BLOCK 16;
THENCE ALONG THE EASTERLY LINE OF SAID BLOCK 16, NORTH 00°00'51" EAST 144.19 FEET TO THE NORTH
LINE OF THE SOUTHERLY 43.90 FEET OF SAID LOT 5 AND THE TRUE POINT OF BEGINNING;
THENCE WESTERLY ALONG SAID NORTH LINE, SOUTH 89°58'06" WEST 50.00 FEET TO THE WESTERLY LINE
OF THE EASTERLY 50 FEET OF SAID LOT 5;
THENCE NORTHERLY ALONG SAID WESTERLY LINE, NORTH 00°00'51" EAST 2.44 FEET;
THENCE NORTH 89636'02" EAST 50.00 FEET TO THE EASTERLY LINE OF SAID LOT 5;
THENCE SOUTHERLY ALONG SAID EASTERLY LINE, SOUTH OO°00'51" WEST 2,76 FEETTO THE TRUE POINT
OF BEGINNING.
CONTAINING: 130 SQUARE FEET, MORE OR LESS,
(LEGAL DESCRIPTION CONTINUED)
25E-17
SHEET 10F 3
EXHIBIT 3
EXHIBIT "E"
LEGAL DESCRIPTION
PARCEL B:
COMMENCING AT THE SOUTHWEST CORNER OF SAID BLOCK 16;
THENCE NORTHERLY ALONG THE WEST LINE OF SAID BLOCK 16, NORTH 00'00'00" EAST 131.49 FEET;
THENCE NORTH 89046'42" EAST 146.81 FEET TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING NORTH 89046'42" EAST 25.07 FEET;
THENCE NORTH 00030'58" WEST 10.70 FEET TO THE SOUTHERLY LINE OF THE NORTHERLY 7.50 FEET OF
SAID LOTS;
THENCE EASTERLY ALONG SAID SOUTHERLY LINE NORTH 89057'02" EAST 8.08 FEET TO THE WESTERLY LINE
OF THE EASTERLY 70.00 FEET OF SAID LOT 5;
THENCE SOUTHERLY ALONG SAID WESTERLY LINE SOUTH 00800'51" WEST 29.72 FEET;
THENCE SOUTH 89°57'30" WEST 33.04 FEET;
THENCE NORTH 00001'04" WEST 18.93 FEET TO THE TRUE POINT OF BEGINNING;
CONTAINING: 713. SQUARE FEET,.MORE OR LESS.
EXHIBIT "F" ATTACHED AND BY THIS REFERENCE MADE A PART HEREOF.
SIG
DATE S
No. 6446
25E-18
SHEET 2 OF 3
SCALE:
LllE'
EXHIBR 'F
SKETCH TO A COMPANY LEGAL DESCRIPTION CITY OF SANTA ANA
TO
NANCY FAINBARG CHASE & STEVEN FAINBARG
I
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-89 .54'54-
I R=15.00'
L=23.54'
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_ C/L FOURTH ST
N89'59'47"W 309.81' (WEST 310.00'RI)
BASIS OF BEARINGS
THE BEARINGS SHOWN HEREON ARE BASED ON A FIELD
SURVEY OF THIS BLOCK, HOLDING THE BEARING OF THE
CENTERLINE OF BUSH STREET BEING N00'00'00"E PER TOWN
OF SANTA ANA RECORDED IN BOOK 2, PAGE 51 OF
MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY.
LEGEND:
EXCHANGE PARCEL
—EXISTING PROPERTY LINES
- - - - UNDERLYING LOT LINES, BLOCK
16, TOWN OF SANTA ANA
R1 RECORD PER MRLA 2/51
R2 RECORD PER MRLA 9/91
'ENCO ENGINEERING, INC. 16842 VON KARMAN Al
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J RALEY DATE
L.S. NO. 8446
REG. EXP: 12/31/18
25E-19
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J BRALEY
LS 8446
25E-20