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RES-2015-255RESOLUTION NO. 2015- 2 5 5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A DEED CONVEYING TO THE CITY OF ANAHEIM CERTAIN INTERESTS IN REAL PROPERTIES (CITY DEED NO. 11908). WHEREAS, a deed has been presented to the City of Anaheim (hereinafter, "CITY" or "Anaheim") which is described in Exhibit "A" and in the form of Exhibit "B", attached hereto and incorporated herein by reference ("DEED"); and, WHEREAS, Exhibit "A" contains the following description of the DEED: the grantors, property interests conveyed and locations of the property interests; and, WHEREAS, the grantor of the DEED has offered to convey to the CITY certain real property interests in connection with their development project; and, WHEREAS, the DEED and the real property interests therein will assist the CITY in providing utility services to grantor's property; and, WHEREAS, based on the foregoing, the Anaheim City Council does hereby find and determine that it is in the best interests of the CITY to accept the DEED. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim as follows: 1. The DEED and the real property interests contained therein are hereby accepted by the CITY. 2. Nothing herein shall be construed to be an acceptance of any parcel or property into the CITY street system (Streets and Highways Code, Section 1806). 3. The Mayor is authorized and directed to execute the DEED in substantially the form attached to Exhibit "B". 4. The City Clerk is authorized and directed to cause the DEED to be recorded in the Office of the County Recorder of the County of Orange. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this��� Day of September 2015, by the following roll call vote: Mayor Tait and Council Members Kring, Murray, Brandman, AYES: and Vanderbilt NOES: None ABSENT: None ABSTAIN: None CITY OF ANAHEIM BY: (/2— MAYOR OF THE CITY OF ANAHEIM ATTEST: BY: CITY CLERK OF THE CITY OF 1ANAHEIM 112047 EXHIBIT "A" GRANTOR INTEREST CONVEYED LOCATION AND RIGHT OF WAY AND CITY DEED NO. La Palma/Miller Phase II1, Easement Deed 3325 East La Palma Avenue LLC, a Delaware limited APN 345-081-28; 345-081-29 liability company ACQ2015-00688 CD 11908 EXHIBIT "B" [ATTACHED BEHIND THIS PAGE] Recording Requested by: City Clerk of the City of Anaheim When Recorded Mail to: CITY CLERK CITY OF ANAHEIM P.O. BOX 3222 ANAHEIM, CA 92803 M EXEMPT -GOVERNMENT AGENCY (Government Code §§6103 & 27383) City Clerk, City of Anaheim FINAL 09/0112015 (Space Above Line For Recorder's Use Only) I EASEMENT DEED I City Deed # I 19 OS APN # 345-081-28 345-081-29 File # kc_!Z0\5- - 00 FOR A VALUABLE CONSIDERATION, the receipt of which is hereby acknowledged, LA PALMA/MILLER PHASE III, LLC, a Delaware limited liability company ("Grantor") HEREBY GRANTS to the CITY OF ANAHEIM, a municipal corporation ("Grantee") a non-exclusive easement for public utility and telecommunication purposes to construct, reconstruct, install, replace, reconfigure, operate, maintain, repair, relocate, remove, inspect, observe, and study Grantee's public utility and telecommunication facilities, equipment, and related appurtenances in, on, over, under, upon, above, along and across the land in the City of Anaheim, County of Orange, State of California, described in Exhibit A attached hereto and incorporated by reference herein ("Easement Area"), together with the right to utilize the Easement Area for ingress and egress to enter onto and exit the Easement Area with such vehicles, machinery, and equipment as may be necessary or convenient to the construction, reconstruction, installation, replacement, reconfiguration, operation, maintenance, repair, relocation, removal, inspection, observation, and study of said facilities, equipment, and appurtenances. Except as otherwise expressly provided herein, Grantor and Grantee each have the right to prevent any activity on or use of the Easement Area that (a) is inconsistent with their respective rights under this Easement Deed; (b) unreasonably interferes with or is harmful to the rights of the other provided herein; or (c) unreasonably interferes with or is harmful to their respective facilities. Grantor and Grantee hereby agree to cooperate in good faith and not to use or allow the use of the Easement Area in such a way as to impede, harm, or interfere with (i) their respective rights hereunder; or (ii) their respective facilities. Grantee will backfill to grade, and pay reasonable cost's of removal, repair or restoration, of grass, landscaping, curb, gutter, concrete or asphalt damaged by Grantee or damaged by work performed by Grantee in furtherance of the rights granted herein. 1. RESERVATION. Subject to rights and obligations set forth above, Grantor hereby reserves perpetual access rights across, through, under, and over the Easement Area for the purposes of (a) obtaining access to any above - 38820.020 -23633140 FINAL 09/0112015 surface or below surface facilities of Grantor, (b) access to Grantor's adjacent lands, and (c) for pedestrian and vehicular ingress and egress and roadway purposes;provide however, Grantor shall not unreasonably interfere with the rights granted under the first two paragraphs of this Easement Deed. Grantor hereby reserves the right to modify the location of the Easement Area from time to time, at Grantors sole cost and expense, so long as such relocation does not unreasonably interfere with the public utility and telecommunication services provided by Grantee and prior to such relocation Grantor shall have obtained Grantee's prior written approval of such relocated Easement Area (which relocated Easement Area shall be mutually acceptable to Grantor and Grantee). Any such relocation shall be evidenced by an amendment to this Easement Deed. 2. COMPLIANCE WITH REGULATORY AUTHORITIES. In connection with Grantee's use of or performance of any activities permitted to be conducted in, on, over, or across the Easement Area, Grantee shall, at its own cost and expense, promptly and at all times observe, comply with and carry out all orders, regulations, directions, rules, laws, ordinances, permits and requirements of all governmental authorities with jurisdiction in, on, over and about the Easement Area. 3. TERMINATION OR ABANDONMENT. Grantee agrees that in the event Grantee's use of the Easement Area ceases for a continuous period of more than one (1) year and Grantee fails to provide Grantor written notice of such a cessation; Grantor shall provide Grantee written notice and evidence of the cessation. If Grantee does not dispute the written notice and evidence of cessation within thirty (30) days of Grantor's notice, Grantee shall, at Grantor's request, execute and deliver to Grantor for recordation in the Official Records of Orange County, California, a Quitclaim Deed sufficient to remove the encumbrance of this Easement Deed from title. Any written notice under this Paragraph 3 from Grantor to Grantee shall be provided to the Public Utilities General Manager at City of Anaheim, 201 South Anaheim Blvd., Suite 1101 Anaheim, CA 92805, 4. MAINTENANCE, NOTICE OF WORK PERFORMED. Grantee shall, at its sole cost and expense, maintain in good repair and safe condition all Grantee's facilities and equipment installed and constructed in the Easement Area. To the extent Grantee conducts construction or excavation activities or otherwise disturbs the surface of the Easement Area, Grantee shall notify Grantor in writing of the same, with such notice being provided in advance, concurrently or promptly following such work as is reasonably practicable under the circumstances, 5. SUCCESSORS. This Easement Deed, and all of the terms, conditions and provisions herein, shall inure to the benefit of, and be binding upon, Grantor, Grantee, and their respective successors, transferors, and assigns. 6. GOVERNING LAW. This Easement Deed and the performance thereof shall be governed, interpreted, construed, and regulated by the laws of the State of California; and in the event of any dispute resulting in litigation, the venue of such litigation shall be in Orange County, California. 7. AUTHORITY. Each individual executing this Easement Deed on behalf of an entity represents and warrants that he or she has been authorized to do so by the entity on whose behalf he or she executes this Easement Deed and that said entity will thereby be obligated to perform the terms of this Easement Deed. [Signatures on next page] 38820.020-2363314v3 FINAL 0910112015 DATED: September 3, 2015 LA PALMA/MILLER PHASE III, LLC, a Delaware limited liability company By: LA PALMA & MILLER SB/PI, LLC, a California limited liability company, Administrative Member By: PDC OC/IE LLC, a Delaware limited liability company, Its Manager By: /AStephen6MA �Batchell`er,�� Local Partner DATED: September 2015 CITY OF ANAHEIM, a municipal corporation LIM Mayor APPROVED AS TO FORM: MICHAEL R.W. HOUSTON, CITY ATTORNEY By: Daniel A. Ballin Deputy City Attorney 38820.020-2363314v3 3 FINAL 09/01/2015 APN: 345-081-28 APN: 345-081-29 EXHIBIT A EASEMENT AREA EXHIBIT "A" PUBLIC UTILITY EASEMENT TO THE CITY OF ANAHEIM LEGAL DESCRIPTION SHEET 1 OF 10 THOSE PORTIONS OF LOTS 1 AND 3 OF LOT LINE ADJUSTMENT NO. LLA -0000697, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA RECORDED JUNE 3, 2013 AS INSTRUMENT NO. 2013-000335748 OF OFFICIAL RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: STRIP NO. 1 BEING A STRIP OF LAND, 5.00 FEET IN WIDTH, LYING 2.50 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 3, THENCE WESTERLY ALONG THE MOST NORTHWESTERLY LINE OF SAID LOT 3, SOUTH 740 02'48" WEST 9.09 FEET TO THE BEGINNING OF A NON -TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF 25.00 FEET, A RADIAL LINE TO THE BEGINNING OF SAID NON -TANGENT CURVE BEARS NORTH 790 15'48" WEST, THE BEGINNING OF SAID NON - TANGENT CURVE ALSO BEING THE POINT OF BEGINNING THENCE SOUTHERLY ALONG SAID NON -TANGENT CURVE THROUGH A CENTRAL ANGLE OF 260 40'04" AN ARC LENGTH OF 11.64 FEET THENCE SOUTH 150 55'51" EAST 32.83 FEET TO THE END POINT OF THE CENTERLINE OF STRIP NO. 1, SAID POINT HEREINAFTER REFERRED TO AS POINT "A". THE SIDELINES OF SAID STRIP SHALL BE PROLONGED OR SHORTENED AS TO INTERSECT THE MOST NORTHERLY LINE OF SAID LOT 3. STRIP NO.2 BEING A STRIP OF LAND, 12.00 FEET IN WIDTH, LYING 7.50 FEET NORTHEASTERLY AND 4.50 FEET SOUTHWESTERLY OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT AFOREMENTIONED POINT "A'; THENCE SOUTH 150 55' 51" EAST 15.50 FEET TO THE END POINT OF THE CENTERLINE OF STRIP NO. 2, SAID POINT HEREINAFTER REFERRED TO AS POINT "B" STRIP NO.3 BEING A STRIP OF LAND, 5.00 FEET IN WIDTH, LYING 2.50 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT AFOREMENTIONED POINT "B"; THENCE SOUTH 150 55'51" EAST 488.01 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "C"; THENCE CONTINUING SOUTH 15° 55'51" EAST 17.60 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE WESTERLY, HAVING A RADIUS OF 25.00 FEET 38820.020-2363314v3 EXHIBIT A, Page 1 FINAL 0910112015 APN: 345-081-28 APN: 345-081-29 . EXHIBIT "A" PUBLIC UTILITY EASEMENT TO THE CITY OF ANAHEIM SHEET 2 OF 10 THENCE SOUTHERLY ALONG SAID TANGENT CURVE THROUGH A CENTRAL ANGLE OF 450 00'00" AN ARC LENGTH OF 19.63 FEET, THENCE SOUTH 290 04'09" WEST 9.02 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE EASTERLY, HAVING A RADIUS OF 25.00 FEET, THE BEGINNING OF SAID CURVE ALSO BEING A POINT HEREINAFTER REFERRED TO AS POINT "F".; THENCE SOUTHERLY ALONG SAID TANGENT CURVE THROUGH A CENTRAL ANGLE OF 260 20'13" AN ARC LENGTH OF 11.49 FEET TO THE END POINT OF THE CENTERLINE OF STRIP NO. 3, SAID POINT HEREINAFTER REFERRED TO AS POINT "D".; THE SIDELINES OF SAID STRIP SHALL BE PROLONGED OR SHORTENED AS TO INTERSECT THE NORTHWESTERLY LINE OF BELOW DESCRIBED STRIP NO. 7. STRIP NO.4 BEING A STRIP OF LAND, 5.00 FEET IN WIDTH, LYING 2.50 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT AFOREMENTIONED POINT "C", SAID POINT ALSO BEING THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 12.50 FEET, SAID BEGINNING OF CURVE BEING TANGENT TO THE CENTERLINE OF ABOVE DESCRIBED STRIP NO. 3, HAVING A BEARING OF NORTH 15-55'51- WEST, THENCE NORTHWESTERLY AND WESTERLY ALONG SAID TANGENT CURVE THROUGH A CENTRAL ANGLE OF 750 37'27" AN ARC LENGTH OF 16.50 FEET TO THE END POINT OF THE CENTERLINE OF STRIP NO. 4, SAID POINT HEREINAFTER REFERRED TO AS POINT "E" EXCEPTING THEREFROM THAT PORTION WITHIN ABOVE DESCRIBED STRIP NO. 3. THE SIDELINES OF SAID STRIP SHALL BE PROLONGED OR SHORTENED AS TO INTERSECT THE NORTHEASTERLY LINE OF BELOW DESCRIBED STRIP NO. 5. STRIP NO. 5 BEING A STRIP OF LAND, 20.00 FEET IN WIDTH, LYING 7.00 FEET SOUTHEASTERLY AND 13.00 FEET NORTHWESTERLY OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT AFOREMENTIONED POINT "E", THENCE SOUTH 150 55' 51 " EAST 0.61 FEET TO THE POINT OF BEGINNING, THENCE SOUTH 740 04'09" WEST 27.00 FEET TO THE END POINT OF THE CENTERLINE OF STRIP NO. 5. STRIP NO. 6 BEING A STRIP OF LAND, 5.00 FEET IN WIDTH, LYING 2.50 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: 38820.020-2363314v3 EXHIBIT A, Page 2 FINAL 09101/2015 APN: 345-081-28 APN: 345-081-29 EXHIBIT ""A Yy PUBLIC UTILITY EASEMENT TO THE CITY OF ANAHEIM BEGINNING AT AFOREMENTIONED POINT "F" SHEET 3 OF 10 THENCE SOUTH 290 04'09" WEST 10.83 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 12.50 FEET, THENCE SOUTHERLY ALONG SAID TANGENT CURVE THROUGH A CENTRAL ANGLE OF 11 ° 55' 18" AN ARC LENGTH OF 2.60 FEET TO THE END POINT OF THE CENTERLINE OF STRIP NO. 6, EXCEPTING THEREFROM THAT PORTION WITHIN ABOVE DESCRIBED STRIP NO. 3. THE SIDELINES OF SAID STRIP SHALL BE PROLONGED OR SHORTENED AS TO INTERSECT THE NORTHEASTERLY LINE OF BELOW DESCRIBED STRIP NO. 7. STRIP NO. 7 BEING A STRIP OF LAND, 14.00 FEET IN WIDTH, LYING 7.00 FEET SOUTHWESTERLY AND 7.00 FEET NORTHEASTERLY OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT AFOREMENTIONED POINT "D", THENCE SOUTH 740 04' 09" WEST 3.31 FEET TO THE POINT OF BEGINNING THENCE SOUTH 150 55'51" EAST 23.50 FEET TO THE END POINT OF THE CENTERLINE OF STRIP NO. 7, SAID POINT HEREINAFTER REFERRED TO AS POINT "G". STRIP NO.8 BEING A STRIP OF LAND, 5.00 FEET IN WIDTH, LYING 2.50 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT AFOREMENTIONED POINT "G" THENCE NORTH 740 04'09" EAST 2.32 FEET TO THE POINT OF BEGINNING AND ALSO THE BEING THE BEGINNING OF A NON— TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 25.00 FEET, A RADIAL LINE TO THE BEGINNING OF SAID NON—TANGENT CURVE BEARS SOUTH 64c'51'44" WEST THENCE SOUTHEASTERLY ALONG SAID NON—TANGENT CURVE THROUGH A CENTRAL ANGLE OF 350 47' 35" AN ARC LENGTH OF 15.62 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "H", THENCE SOUTH 600 55'51" EAST 9.02 FEET TO THE BEING THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 25.00 FEET,' THENCE SOUTHEASTERLY ALONG SAID TANGENT CURVE THROUGH A CENTRAL ANGLE OF 450 00'00" AN ARC LENGTH OF 19.63 FEET; THENCE SOUTH 150 55' 51" EAST 87.17 FEET TO A POINT BEING THE BEGINNING OF A TANGENT CURVE CONCAVE WESTERLY, HAVING A RADIUS OF 12.50 FEET, SAID POINT HEREINAFTER REFERRED TO AS POINT "I "; 38820.020-2363314v3 EXHIBIT A, Page 3 FINAL 0910112015 APN: 345-081-28 APN: 345-081-29 EXHIBIT "A" PUBLIC UTILITY EASEMENT TO THE CITY OF ANAHEIM SHEET 4 OF 10 THENCE SOUTHWESTERLY ALONG SAID TANGENT CURVE THROUGH A CENTRAL ANGLE OF 750 37'27" AN ARC LENGTH OF 16.50 FEET TO THE END POINT OF THE CENTERLINE OF STRIP NO. 8, SAID POINT ALSO HEREINAFTER REFERRED TO AS POINT "J". THE SIDELINES OF SAID STRIP SHALL BE PROLONGED OR SHORTENED AS TO INTERSECT THE NORTHEASTERLY LINE OF BELOW DESCRIBED STRIP NO. 10. STRIP NO. 9 BEING A STRIP OF LAND, 5.00 FEET IN WIDTH, LYING 2.50 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT AFOREMENTIONED POINT "H", THENCE NORTH 600 55'51" WEST 10.83 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 12.50 FEET,• THENCE NORTHWESTERLY ALONG SAID TANGENT CURVE THROUGH A CENTRAL ANGLE OF 310 57'03" AN ARC LENGTH OF 6.97 FEET TO THE END POINT OF THE CENTERLINE OF STRIP NO. 9, EXCEPTING THEREFROM THAT PORTION WITHIN ABOVE DESCRIBED STRIP NO. 8. THE SIDELINES OF SAID STRIP SHALL BE PROLONGED OR SHORTENED AS TO INTERSECT THE SOUTHEASTERLY LINE OF ABOVE DESCRIBED STRIP NO. 7. STRIP NO. 10 BEING A STRIP OF LAND, 20.00 FEET IN WIDTH, LYING 8.00 FEET SOUTHEASTERLY AND 12.00 FEET NORTHWESTERLY OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT AFOREMENTIONED POINT "J THENCE SOUTH 150 55'51" EAST 0.39 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 740 04'09" WEST 27.00 FEET TO THE END POINT OF THE CENTERLINE OF STRIP NO. 10. STRIP NO. 11 BEING A STRIP OF LAND, 5.00 FEET IN WIDTH, LYING 2.50 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT AFOREMENTIONED POINT "I", THENCE SOUTH 150 55'51" EAST 503.70 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE WESTERLY, HAVING A RADIUS OF 25.00 FEET THENCE SOUTHERLY ALONG SAID TANGENT CURVE THROUGH A CENTRAL ANGLE OF 450 00'00" AN ARC LENGTH OF 19.63 FEET,• 38820.020-2363314v3 EXHIBIT A, Page 4 APN: 345-081-28 APN: 345-081-29 EXHIBIT "A" PUBLIC UTILITY EASEMENT TO THE CITY OF ANAHEIM SHEET 5 OF 10 FINAL 0910112015 THENCE SOUTH 290 04'09" WEST 4.40 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE EASTERLY, HAVING A RADIUS OF 25.00 FEET,• THENCE SOUTHERLY ALONG SAID TANGENT CURVE THROUGH A CENTRAL ANGLE OF 380 06' 28" AN ARC LENGTH OF 16.63 FEET TO THE END POINT OF THE CENTERLINE OF STRIP NO. 11, SAID POINT HEREINAFTER REFERRED TO AS POINT "K". EXCEPTING THEREFROM THAT PORTION WITHIN ABOVE DESCRIBED STRIP NO. 8. STRIP NO. 12 BEING A STRIP OF LAND, 12.00 FEET IN WIDTH, LYING 8.00 FEET SOUTHWESTERLY AND 4.00 FEET NORTHEASTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT AFOREMENTIONED POINT "K'; THENCE SOUTH 740 04'09" WEST 0.18 FEET TO THE POINT OF BEGINNING, THENCE SOUTH 150 55'51" EAST 15.50 FEET TO THE END POINT OF THE CENTERLINE OF STRIP NO. 12, SAID POINT HEREINAFTER REFERRED TO AS POINT "L STRIP NO. 13 BEING A STRIP OF LAND, 5.00 FEET IN WIDTH, LYING 2.50 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT AFOREMENTIONED POINT "L "; THENCE SOUTH 150 55' 51" EAST 16.18 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE WESTERLY, HAVING A RADIUS OF 25.00 FEET, THENCE SOUTHERLY ALONG SAID TANGENT CURVE THROUGH A CENTRAL ANGLE OF 900 00'00" AN ARC LENGTH OF 39.27 FEET,• THENCE SOUTH 740 04'09" WEST 164.21 FEET TO THE END POINT OF THE CENTERLINE OF STRIP NO. 13, SAID POINT HEREINAFTER REFERRED TO AS POINT "M". STRIP NO. 14 BEING A STRIP OF LAND, 14.00 FEET 1N WIDTH, LYING 5.00 FEET SOUTHEASTERLY AND 9.00 FEET NORTHWESTERLY OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT AFOREMENTIONED POINT "M",- THENCE M",THENCE SOUTH 740 04'09" WEST 23.50 FEET TO THE END POINT OF THE CENTERLINE OF STRIP NO. 14, SAID POINT HEREINAFTER REFERRED TO AS POINT "N". 38820.020-2363314v3 EXHIBIT A, Page 5 FINAL 0910112015 APN: 345-081-28 APN: 345-081-29 EXHIBIT "A" PUBLIC UTILITY EASEMENT TO THE CITY OF ANAHEIM STRIP NO. 15 SHEET 6 OF 10 BEING A STRIP OF LAND, 5.00 FEET IN WIDTH, LYING 2.50 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT AFOREMENTIONED POINT "N"; THENCE NORTH 150 55'51 " WEST 4.00 FEET TO THE POINT OF BEGINNING, THENCE SOUTH 740 04'09" WEST 35.64 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "O". THENCE CONTINUING SOUTH 740 04' 09" WEST 81.34 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 12.50 FEET; THENCE WESTERLY AND NORTHWESTERLY ALONG SAID TANGENT CURVE THROUGH A CENTRAL ANGLE OF 900 00'00" AN ARC LENGTH OF 19.63 FEET, THENCE NORTH 150 55'51" WEST 16.80 FEET TO THE END POINT OF THE CENTERLINE OF STRIP NO. 15, SAID POINT HEREINAFTER REFERRED TO AS POINT "P". STRIP NO. 16 BEING A STRIP OF LAND, 20.00 FEET 1N WIDTH, LYING 8.00 FEET SOUTHWESTERLY AND 12.00 FEET NORTHEASTERLY OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT AFOREMENTIONED POINT "P", - THENCE NORTH 150 55'51" WEST 27.00 FEET TO THE END POINT OF THE CENTERLINE OF STRIP NO. 16. STRIP NO. 17 BEING A STRIP OF LAND, 5.00 FEET IN WIDTH, LYING 2.50 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT AFOREMENTIONED POINT "N"; THENCE SOUTH 740 04'09" WEST 23.14 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 25.00 FEET, THENCE WESTERLY AND SOUTHERLY ALONG SAID TANGENT CURVE THROUGH A CENTRAL ANGLE OF 900 00'00" AN ARC LENGTH OF 39.27 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "Q"; THENCE SOUTH 150 55'51" EAST 23.06 FEET TO A POINT BEING THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 25.00 FEET, SAID POINT HEREINAFTER REFERRED TO AS POINT "R"; THENCE SOUTHERLY AND WESTERLY ALONG SAID TANGENT CURVE THROUGH A CENTRAL ANGLE OF 900 00'00" AN ARC LENGTH OF 39.27 FEET,' 38820.020-2363314v3 EXHIBIT A, Page 6 APN: 345-081-28 APN: 345-081-29 EXHIBIT "A" PUBLIC UTILITY EASEMENT TO THE CITY OF ANAHEIM SHEET 7 OF 10 FINAL 0910112015 THENCE SOUTH 740 04'09" WEST 546.63 FEET TO THE END POINT OF THE CENTERLINE OF STRIP NO. 17, SAID POINT ALSO HEREINAFTER REFERRED TO AS POINT "S". EXCEPTING THEREFROM THAT PORTION WITHIN ABOVE DESCRIBED STRIP NO. 15. STRIP NO. 18 BEING A STRIP OF LAND, OF VARIOUS WIDTH, BOUNDED SOUTHEASTERLY BY THE NORTHERLY LINE OF THE ABOVE DESCRIBED STRIP NO. 17; BOUNDED NORTHERLY BY THE SOUTHERLY LINE OF THE ABOVE DESCRIBED STRIP NO. 15; AND BOUNDED WESTERLY BY A LINE LYING 2.50 FEET WESTERLY OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT AFOREMENTIONED POINT "O", SAID POINT ALSO BEING THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 12.50 FEET, SAID BEGINNING OF CURVE BEING TANGENT TO THE CENTERLINE OF ABOVE DESCRIBED STRIP NO. 15, HAVING A BEARING OF SOUTH 740 04'09- WEST; THENCE SOUTHWESTERLY AND WESTERLY ALONG SAID TANGENT CURVE THROUGH A CENTRAL ANGLE OF 900 00' 00" AN ARC LENGTH OF 19.63 FEET THENCE SOUTH 150 15' 51" EAST 16.50 FEET TO AFOREMENTIONED POINT "Q". STRIP NO. 19 BEING A STRIP OF LAND, 14.00 FEET IN WIDTH, LYING 9.00 FEET SOUTHEASTERLY AND 5.00 FEET NORTHWESTERLY OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT AFOREMENTIONED POINT "S"; THENCE SOUTH 740 04'09" EAST 23.50 FEET TO THE END POINT OF THE CENTERLINE OF STRIP NO. 19, SAID POINT HEREINAFTER REFERRED TO AS POINT "T". STRIP NO. 20 BEING A STRIP OF LAND, 9.00 FEET IN WIDTH, LYING 2.50 FEET NORTHWESTERLY AND 6.50 FEET SOUTHEASTERLY OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT AFOREMENTIONED POINT "T'; . THENCE SOUTH 740 04'09" WEST 3.05 FEET TO THE SOUTHWESTERLY LINE OF SAID.LOT 3 AND END POINT OF THE CENTERLINE OF STRIP NO. 20, SAID POINT HEREINAFTER REFERRED TO AS POINT "U". THE SIDELINES OF SAID STRIP SHALL BE PROLONGED OR SHORTENED AS TO INTERSECT THE SAID SOUTHWESTERLY LINE OF SAID LOT 3. 38820.020-2363314x3 EXHIBIT A, Page 7 FINAL 0910112015 APN: 345-081-28 SHEET 8 OF 10 APN: 345-081-29 EXHIBIT "A" PUBLIC UTILITY EASEMENT TO THE CITY OF ANAHEIM STRIP NO. 21 BEING A STRIP OF LAND, 5.00 FEET IN WIDTH, LYING 2.50 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT AFOREMENTIONED POINT "R",- THENCE R",THENCE SOUTH 150 55' 51" EAST 188.78 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "V", SAID POINT BEING THE END POINT OF STRIP NO. 21. EXCEPTING THEREFROM THAT PORTION WITHIN ABOVE DESCRIBED STRIP NO. 17. STRIP NO. 22 BEING A STRIP OF LAND, 27.00 FEET IN WIDTH, LYING 13.50 FEET SOUTHWESTERLY AND 13.50 FEET NORTHEASTERLY OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT AFOREMENTIONED POINT "V"; THENCE SOUTH 150 55'51 " EAST 20.00 FEET TO THE END POINT OF THE CENTERLINE OF STRIP NO. 22. STRIP NO. 23 BEING A STRIP OF LAND, 5.00 FEET IN WIDTH, LYING 2.50 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT A POINT ON THE SOUTHWESTERLY LINE OF SAID LOT 3, BEING SOUTH 150 55' 49" EAST 144.75 FEET DISTANT THEREON FROM AFOREMENTIONED POINT "U"; THENCE NORTH 740 04'09" EAST 5.82 FEET TO THE END POINT OF THE CENTERLINE OF STRIP NO. 23, SAID POINT ALSO HEREINAFTER REFERRED TO AS POINT "W'. THE SIDELINES OF SAID STRIP SHALL BE PROLONGED OR SHORTENED AS TO INTERSECT THE SAID SOUTHWESTERLY LINE OF SAID LOT 3. STRIP NO. 24 BEING A STRIP OF LAND, 20.00 FEET IN WIDTH, LYING 7.00 FEET SOUTHEASTERLY AND 13.00 FEET NORTHWESTERLY OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT AFOREMENTIONED POINT "W"; THENCE NORTH 740 04' 09" EAST 27.00 FEET TO THE END POINT OF THE CENTERLINE OF STRIP NO. 24. 38820.020-2363314v3 EXHIBIT A, Page 8 APN: 345-081-28 APN: 345-081-29 EXHIBIT "A" PUBLIC UTILITY EASEMENT TO THE CITY OF ANAHEIM STRIP NO. 25 SHEET 9 OF 10 FINAL 0910112015 BEING A STRIP OF LAND, 5.00 FEET IN WIDTH, LYING 2.50 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE MOST NORTHERLY CORNER OF SAID LOT 1; THENCE SOUTHERLY ALONG THE NORTHEASTERLY LINE OF SAID LOT 1, SOUTH 150 54' 19" EAST 4.50 FEET TO THE POINT OF BEGINNING; THENCE PARALLEL WITH THE NORTHWESTERLY LINE, SOUTH 74° 04'09- WEST 234.12 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHERLY, HAVING. A RADIUS OF 25.00 FEET, THENCE WESTERLY ALONG SAID TANGENT CURVE THROUGH A CENTRAL ANGLE OF 340 54'55" AN ARC LENGTH OF 15.23 FEET TO THE NORTHWESTERLY LINE OF SAID LOT 1 AND THE END POINT OF THE CENTERLINE OF STRIP NO. 25. THE SIDELINES OF SAID STRIP SHALL BE PROLONGED OR SHORTENED AS TO INTERSECT THE SAID NOR THWES TERL Y AND NORTHEASTERLY LINES OF SAID LOT 1. STRIP NO. 26 BEING A STRIP OF LAND, 5.00 FEET IN WIDTH, LYING 2.50 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE COMMENCING AT THE MOST NORTHERLY CORNER OF SAID LOT 1; THENCE SOUTHERLY ALONG THE NORTHEASTERLY LINE OF SAID LOT 1, SOUTH 150 54' 19" EAST 9.50 FEET TO THE POINT OF BEGINNING, SAID POINT ALSO BEING THE BEGINNING OF A NON -TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF 12.50 FEET, A RADIAL LINE TO SAID BEGINNING OF SAID NON -TANGENT CURVE BEARS NORTH 69° 02'38- WEST, THENCE SOUTHERLY ALONG SAID NON -TANGENT CURVE THROUGH A CENTRAL ANGLE OF 360 52' 12" AN ARC LENGTH OF 8.04 FEET TO A LINE PARALLEL WITH AND DISTANT 2.50 SOUTHWESTERLY MEASURED AT RIGHT ANGLES TO THE NORTHEASTERLY LINE OF SAID LOT 1; THENCE ALONG SAID PARALLEL LINE, SOUTH 15° 54'49- EAST 182.75 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "X" AND THE END POINT OF THE CENTERLINE OF STRIP NO. 26. EXCEPTING THEREFROM THAT PORTION WITHIN ABOVE DESCRIBED STRIP NO. 25. THE SIDELINES OF SAID STRIP SHALL BE PROLONGED OR SHORTENED AS TO INTERSECT THE SAID NORTHEASTERLY LINE OF SAID LOT 1 AND. 38820.020-2363314v3 EXHIBIT A, Page 9 FINAL 0910112015 APN: 345-081-28 APN: 345-081-29 EXHIBIT "A" PUBLIC UTILITY EASEMENT TO THE CITY OF ANAHEIM STRIP NO. 27 SHEET 10 OF 10 BEING A STRIP OF LAND, 32.00 FEET IN WIDTH, LYING 2.50 FEET NORTHEASTERLY AND 29.50 FEET SOUTHWESTERLY OF THE FOLLOWING DESCRIBED CENTERLINE.- BEGINNING ENTERLINE: BEGINNING AT AFOREMENTIONED POINT 'X", THENCE SOUTH 150 54'49" EAST 20.00 FEET TO THE END POINT OF THE CENTERLINE OF STRIP NO. 27. STRIP NO. 1 THROUGH 27 CONTAINING: 19,633 SQUARE FEET OR 0.450 ACRES MORE OR LESS. EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. SUBJECT TO: COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS AND RIGHTS-OF-WAY, IF ANY. PREPARED UNDER THE DIRECTION OF. �PA- LANG loh �� Frno ---m U,I * - B IAN L. THIENES 1 DA 7E �* N0. 5750 P.L.S. No. 5750 REG. EXP. 12/31/15 9%OF C 38820.020-2363314v3 EXHIBIT A, Page 10 APN: 345-081-28 APN: 345-081-29 SCALE: 1" = 200' EXHIBIT "B" PUBLIC UTILITY EASEMENT INDEX SHEET 5' FINAL 0910112015 SHEET 1 OF 7 I I SEE SHEET 2 I I I I I SEE SHEET 3 I I I I I I I I I SEE SHEET 4 I I 7 SEE SHEET SEE SHEET 5 SEE SHEET 6 — I I --- cV C-4 II ii i�C -- ' I ----= 12.50' I ---- �o �' 12.50' I JI N N (�. I I I I PUBLIC UTILITY EASEMENT I TO THE CITY OF ANAHEIM - [� SEE SHEET 6 LA PALMA 38820.020-2363314x3 EXHIBIT B, Page 1 A VENUE ^ �-F APN: 345-081-28 APN: 345-081-29 SCALE: 1" = 20' EXHIBI T "B" PUBLIC UTILITY EASEMENT A 0.B. MOST NW'LY LINE LOT 3 N 74'02'48" E 133.50' CURVE TABLE CURVE # DELTA RADIUS LENGTH C1 26'40'04- 25.00' 11.64' IT(1) 1 ! � �IIlNrI�lUc„u� LEGEND.• EHINDICATES PUBLIC UTILITY EASEMENT TO THE CITY OF ANAHEIM. CONTAINS: 19, 633 SO. FT. 0.450 AC f C1 �o FINAL MIN 12015 SHEET 2 OF 7 i I N 74'02'48° E 9.09' AUTONET/CS WAY - P.O.C. NE CORNER LOT 3 N 79' 15'_48” _W \ (RAD) PT. A" \ 71 CA 12' WIDE 12' 7.50' .d PT. "B" N£'LY LIN£ LOT 3 SEE SHEET 3 OF 7 38820.020-2363314v3 EXHIBIT B, Page 2 APN: 345-081-28 APN: 345-081-29 SCALE: 1" = 20' CURVE TABLE CURVE # DELTA RADIUS LENGTH C2 7537'27" 12.50' 16.50' C3 45'00'00" 25.00' 19.63' C4 26'20'13" 25.00' 11.49' C5 11'55'18" 12.50' 2.60' C6 35'47'35' 25.00 15.62' C7 31'57'03" 12.0 6.97' C8 45'00'00' 25.00 LINE TABLE LINE # BEARING LENGTH L1 N 15'55'51" W 0.61' L2 S 29'04'09" W 9.02' L3 S 29'04'09' W 10.83' L4 S 74'04'09' W 3.31' L5 N 15'55'51' W 23.50' L6 N 74'04'09" E 2.32' L7 N 60'55'51" W 9.02' L8 S 74'04'09" W 1.68' L9 N 60'55'51" W 10.83' FINAL 0910112015 EXHIBI T "B" SHEET 3 OF 7 PUBLIC UTILITY EASEMENT SEE SHEET 2 OF 7 S 61'01'12 W 1 (1) 1 (I) 1 1 It \ I •\ II).1 l .� ! \ 111 \ 1 LEGEND: ET'i INDICATES PUBLIC UTILITY EASEMENT TO THE CITY OF ANAHEIM. CONTAINS.• 19, 633 SO. FT. 0.450 AC. .t 5' 1Z ^ 3—m L-) .— oo r-.: o in 00�;,) SEE SHEET 4 OF 7 38820.020-2363314v3 EXHIBIT B, Page 3 NE'LY LINE LOT 3 APN: 345-081-28 APN: 345-081-29 SCALE: 1" = 20' 1 c1> 1 11\ � I \(1) '�I�I ;rl�rlrrll ; ��-•1.1;' (1).1�. CURVE TABLE CURVE # DELTA RADIUS LENGTH C9 7537'27' 12.50' 16.50' C10 45'00'00' 25.00' 19.63' C11 38'06'28" 25.00' 16.63' LINE TABLE LINE BEARING LENGTH L10 N 15'55'51 " W 0.39' Lll S 74'04'09' W 27.00' L12 S 29'04'09' W 4.40' L13 S 74'04'09' W 0.18' FINAL 0910112015 1 EXHIBI T „B'l SHEET 4 OF 7 PUBLIC UTILITY EASEMENT SEE SHEET 3 OF 7 VAII CL5'WIDE STRIP N0. 8 cq 00CDm m I ul- �.�)��� PT. "I" N 30'18'24" W L1 3 L11 z r PT. "J" o U-) 2.50' z °O 2.50NE'LY LINE LOT 3 5'co A=90'00'00" R=25.00' L=39.27 N LEGEND.• -W7 N N 1y INDICATES PUBLIC UT/CITY EASEMENT P TO THE CITY OF fE/T. CON 164.21' CONTAINS: 19,633 SO. W � � Li C10 Y L72 � L13 C11 I PT. C L 12' WIDE R' STRIP N0. 12 12' � ^ 4' z cn C L 5' WIDE STRIP N0. 13 N 74'04'09' E 210.85' I 0.450 AC. f 38820.020-2363314v3 EXHIBIT B, Page 4 EXHIBIT "B" PUBLIC UTILITY EASEMENT FINAL 0910112015 SHEET 5 OF 7 1 LOT 3 LOT LH\\TB A=S7h&EiN7 SCALE. 1" = 20' N 74*04'09" E 116.98: 81.34 — STR FP N —0.17 `4 DELTA RADIUS LENGTH C12 90*00'00" 12.50' LOT 3 C13 90*00'00' 25.00' LOT Lukm to C14 90'00'00* LY -A-0000697 1 39.27' C15 [90r00,00- RSC. 6-,03-2W 1_ 19.63 JWST. NO. 2OL9000339748 OA 4 Aj N WIDE STRIP NO. 17 4- N 74!0409" E 573.18' 27' • RKNAFF5 OVA 23.1 164 21' ILQ N 7VO4'09" 210.85' IPT. V PARCFEL 2 LH\,TE AEXVUSTPAEHT LLA NO. m REC. 10-14-597 H4ST. NO. L997=2ZO, Ga 38820.020-2363314v3 EXHIBIT B, Page 5 CURVE TABLE CURVE DELTA RADIUS LENGTH C12 90*00'00" 12.50' 19.63' C13 90*00'00' 25.00' 39.27' C14 90'00'00* 25.00' 1 39.27' C15 [90r00,00- 12.50' 1_ 19.63 LINE TABLE LINE BEARING LENGTH L14 N 15*55'51" W 4.00' L16 N 74!04*09" E 2.50' LEGEND. EPINDICATES'PUBLIC UTILITY EASEMENT TO THE CITY OF ANAHEIM. A CONTAINS: 19,6JJ SO. FT 0.450 AC. f APN: 345-081-28 APN. 345-081-29 SCALE. 1' = 20' FINAL 09/01/2015 EXHIBI T „B„ SHEET 6 of 7 PUBLIC UTILITY EASEMENT LOT 2 ac LOT Ln\\TE A=STMEWT CA 9' WIDE LY -A-09"97 N 74!04'09" E REC. 6-03-2013 STRIP NO. 21: O C 14' WIDE STRIP NO. 19 PT. "S" C 5' WIDE LrSTRIP CV NN 74'04'09"E 573.18' NO. 17 — ul ul, cli LOT 3 LOT LU\\TB ADJUSTM ENT 3.05 23.50', LQ CD 0 (Qn L6 r- PT. T aZ FINAL 09/01/2015 EXHIBI T „B„ SHEET 6 of 7 PUBLIC UTILITY EASEMENT LOT 2 UNE LOT Ln\\TE A=STMEWT LENGTH LY -A-09"97 N 74!04'09" E REC. 6-03-2013 RVST. NO. 200=335748, 0.& C 14' WIDE STRIP NO. 19 PT. "S" C 5' WIDE LrSTRIP CV NN 74'04'09"E 573.18' NO. 17 — 77�77 7/7/77/7=77;77, 546.63' — LOT 3 LOT LU\\TB ADJUSTM ENT 3 SY1ZY LINE LOT 3 LIAI- 0000697 -c-4 Im 0.1 C-4 cq Lo 0 f WIDE REC. 6--03-2013 NO. 24 ff4ST. NO. 201-VW3-157,fa GJ�L c> C'4 K, Thieves hM iIeft9S 6fi0 �g iM 7 e 9e0 ri n g , 11C. L6W0IV�WO LA6? 1�9nREONE804!fVAR PV�l:�14)521M7J LINE TABLE UNE BEARING LENGTH L15 N 74!04'09" E 32.82 38820.020-2363314v3 EXHIBIT B, Page 6 LEGEND: INDICATES PUBLIC UTILITY EASEMENT TO THE CITY OF ANAHEIM CONTAINS: 19,633 SO FT 0.450 AC. f I APN: 345-081-28 APN: 345-081-29 EXHIBI T YYB11 PUBLIC UTILITY EASEMENT LOT 2 LOT LINE ADSUSTMENF ILII A- -97 7j���1�7j� j�I'(�W 6-®3- 2kDI3 0. 7 Q SCALE: 1 " = 20' MOST NZ Y C CA 5' WIDE LOT 1 Ual � STRIP N0. 25 uI PT. Y LEGEND: P' INDICATES PUBLIC UTILITY EASEMENT TO THE CITY OF ANAHEIM. CONTAINS: 19, 633 SO. FT. 0.450 AC. f Thienes Engineering, Inc. CMM ENGINEERING • LAND SURVEYING 14349 FIRESTONE BOULEVARD LA MIRALK CALIFORNIA 90638 ® AV(714)521-4811 F"(714)521-4173 in 3' mLo �N lA � z 5.00' FINAL 0910112015 SHEET 7 OF 7 > L17 -1-18 -C17 31 0I tnI — al a IOf iso .� `OI zl 2.50' N M PREPARED UNDER THE DIRECTION OF �`Q �, T y a M N0. 5750 1 s B IAN L. soma DTE 9 P..S. N0. 5750 SOF CAS REG. EXP. DEC. 31, 2015 38820.020-23633143 EXHIBIT B, Page 7 LINE TABLE LINE # BEARING LENGTH L17 S 15'54'49" E 4.50' L18 S 15'54'49" E 5.00' L19 S 15'54'49" E 20.00' CURVE TABLE CURVE DELTA RADIUS LENGTH C16 34'54'55" 25.00' 15.23' C17 36'52'12" 12.50' 8.04' PT. Y LEGEND: P' INDICATES PUBLIC UTILITY EASEMENT TO THE CITY OF ANAHEIM. CONTAINS: 19, 633 SO. FT. 0.450 AC. f Thienes Engineering, Inc. CMM ENGINEERING • LAND SURVEYING 14349 FIRESTONE BOULEVARD LA MIRALK CALIFORNIA 90638 ® AV(714)521-4811 F"(714)521-4173 in 3' mLo �N lA � z 5.00' FINAL 0910112015 SHEET 7 OF 7 > L17 -1-18 -C17 31 0I tnI — al a IOf iso .� `OI zl 2.50' N M PREPARED UNDER THE DIRECTION OF �`Q �, T y a M N0. 5750 1 s B IAN L. soma DTE 9 P..S. N0. 5750 SOF CAS REG. EXP. DEC. 31, 2015 38820.020-23633143 EXHIBIT B, Page 7 FINAL 09/01/2015 SUBORDINATION This SUBORDINATION is dated as of September 3, 2015 (this "Subordination"), is executed by JPMORGAN CHASE BANK, N.A., a national banking association ("Lender"), and FIRST AMERICAN TITLE INSURANCE COMPANY, a Nebraska corporation ("Trustee"), is made with reference to the following Recitals. A. Prior to the date hereof, Lender has made a construction loan to LA PALMA/MILLER PHASE III, LLC, a Delaware limited liability company ("Grantor"), which loan is secured by (1) that certain Construction Deed of Trust and Security Agreement (with Assignment of Rents) dated as of January 12, 2015 and recorded January 13, 2015 as Instrument No. 2015-000012493 in the Official Records (the "Deed of Trust"), executed by Grantor, as trustor, naming Trustee, as trustee, to and for the benefit of Lender, as beneficiary, and (b) that certain Assignment of Leases and Rents dated as of January 12, 2015 and recorded January 13, 2015 as Instrument No. 2015-000012494 in the Official Records (the "Assignment"), executed by Grantor, as assignor, in favor of Lender, as assignee. B. Grantor is recording that Easement Deed dated of even date herewith and to which this Subordination is attached (the "APU Easement"). C. Grantor, Lender and Trustee desire to expressly subordinate the Deed of Trust and the Assignment to the terms and conditions of the APU Easement. NOW, THEREFORE, in consideration of the foregoing Recitals (which are incorporated herein by this reference), the mutual covenants contained in this Subordination and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agrees as follows: 1. Definitions. All initially -capitalized terms not otherwise defined in this Subordination shall have the meanings set forth in the APU Easement, unless the context clearly indicates otherwise. 2. Subordination. Lender and Trustee hereby expressly subordinate the Deed of Trust and the Assignment to the terms and provisions of the APU Easement and from and after the date of this Subordination, the Deed of Trust and the Assignment shall be subject to and subordinate to the terms and provisions of the APU Easement as if the APU Easement had been recorded prior to the Deed of Trust and the Assignment. 3. Recognition of Lender. Grantor and Grantee hereby acknowledge and agree that the property upon which the Easement Areas are located (the "Property") is encumbered by the Deed of Trust and the Assignment. [Signatures on next page] SUBORDINATION - Page 1 38820.020-2363314v3 FINAL 0910112015 IN WITNESS WHEREOF, Lender and Trustee have caused their duly authorized representatives to execute this Subordination as of the date first above written. LENDER: JPMOR a natior -2 TRUSTEE: FIRST AMERICAN TITLE INSURANCE COMPANY, a Nebraska corporation M Name: Title: SUBORDINATION - Page 2 38820.020-2363314v3 FINAL 09101/2015 IN WITNESS WHEREOF, Lender and Trustee have caused their duly authorized representatives to execute this Subordination as of the date first above written. LENDER: JPMORGAN CHASE BANK, N.A., a national banking association Name: Title: TRUSTEE: FIRST AMERICTLE IN�t[IRANCE COMPANY, a Nebraska cor or la Title: SUBORDINATION - Page 2 38820.020-2363314v3 FINAL 0910112015 THE STATE OF TEXAS § COUNTY OF DALLAS § This instrument was acknowledged on theday of September -^, 2015, by Patrick Brann, Z' Authorized Officer of JPMORGAN CHASE BANK, N.A., a national banking association, on behalf of said national banking association. ---------- WNNA L USHER MY COMMISSION EXPIRES Printed Notary Public in and for the State of Texas November 27 --Donn OL L Printed Name: My Commission expires: N1oVfAq1b$V alt t its SUBORDINATION - Page 3 38820.020-2363314v3 FINAL 0910112015 TRUSTEE 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 ) ss COUNTY OF 9RA11�6 ) S0 -`X'3 e ri\a\rd k-\' b On Septemberl , 2015, before me, A tn!!�pla .LSPR� p - , Notary Public, personally appeared G fFfc��ILQ who proved mo e on the basis of satisfactory evidence to be the person(s) whose name( -s4 isle subscribed to the within instrument and acknowledged to me that he/she4hey executed the same in his'he it authorized capacityoes), and that by his/herAheir signature(s-) on the instrument the person((, or the entity upon behalf of which the person() 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 nd and official seal. Signatur (Seal) 38820.020-2363314v3 ANGELA CESPEDE Commission # 208766 09 Z ,=m Notary Public - California i Z ' San Bernardino County My Comm. Expires Nov 20, 2018 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 ss COUNTY OF ORANGE FINAL 0910112015 On September 3 , 2015, before me, Lovl Notary Public, personally appeared Stephen M. Batcheller who proved to me on the basis of satisfactory evidence to be the person(s) whose name( -s-} is/are subscribed to the within instrument and acknowledged to me that he/Mie4hey executed the same in hisAwf4heir authorized capacity0es), and that by his/hef4hei signature(s) on the instrument the person(s), or the entity upon behalf of which the person(-&) 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. LORI MITCHELL Commission 0 2120773 Notary Public - California Orange County Signature (Seal) My Comm. Expires Jul 25, 2019 t t - - , ACKNOWLEDGMENT TO EASEMENT DEED, Page I 38820.020-2363314v3 FINAL 0910112015 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property by the foregoing Easement Deed dated September _, 2015, from LA PALMA/MILLER PHASE III, LLC, a Delaware limited liability company, is hereby accepted by order of the City Council on September _, 2015, and the grantee consents to the recordation hereof by its duly authorized officer. LINDA N. ANDAL CITY CLERK Dated: September _, 2015 WE City Clerk City of Anaheim, CA CERTIFICATE OF ACCEPTANCE TO EASEMENT DEED, Page 1 38820.020-2363314u3