2004-245
RESOLUTION NO. 2004- 245
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ACCEPTING CERTAIN DEEDS CONVEYING TO
THE CITY OF ANAHEIM CERTAIN REAL PROPERTIES OR
INTERESTS THEREIN.
WHEREAS, certain deeds described in Exhibit A, attached hereto and incorporated
by reference (hereinafter DEEDS), have been presented to the City of Anaheim all as hereinafter set
forth; and
WHEREAS, the grantors, property interests conveyed and location of the property
described in the DEEDS are set forth in Exhibit A; and
WHEREAS, the owners of those properties described in Exhibit A have offered to
sell and convey to the City of Anaheim the real property or interests therein in consideration of the
payment by the City of Anaheim of the purchase price thereof; and
WHEREAS, the City Council of the City of Anaheim does hereby find and determine
it is in the best interests of the City of Anaheim to accept the DEEDS and to pay the grantors the
consideration therefor.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Anaheim that those DEEDS described in Exhibit A be, and they are hereby, accepted and that the
consideration therefor be paid; provided, however, that 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).
BE IT FURTHER RESOLVED that the City Clerk be, and she is hereby, authorized
and directed to cause the foregoing DEEDS 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 14th day of December ' ,2004, by the following roll-
call vote:
AYES: Hayor
NOES: None
ABSTAIN: None
ABSENT: None
Pringle, Council Members Sidhu, Galloway, Hernandez, Chavez
F ANAHEIM
ATTEST:
47562.54
EXHIBIT A
INTEREST CONVEYED
LOCA nON AND
RIGHT OF WAY
OR ZONING NO.
GRANTOR
, OTR, an Ohio General
Partnership
Easement Deed
8020 E. Santa Ana Canyon Rd.,
Anaheim, CA; R/W ACQ 5925;
City Deed No. ] 0790
47562.54
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF ANAHEIM
P.O,. Box 3222
Anaheim, CA 92803
r COpy I
SPACE ABOVE THIS LINE FOR RECORDER'S USE
EXEMPT GOVERNMENT AGENCY Per Government Code Sec. 6103
By
CITY DEED NO, 10790
City Clerk. City of Anaheim
APN 354-451-20
UTILITY EASEMENT DEED
OTR, an Ohio General Partnership, as nominee for the State Teachers Retirement Board of Ohio ("Grantor"), for valuable
consideration, receipt of which is hereby acknowledged, hereby grants to CITY OF ANAHEIM, a municipal corporation ("Grantee"),
a charter city and political subdivision of the State of California, all of the following utility easements on, over, under, and through
portions of its real property (the "Property") situated in the City of Anaheim, County of Orange, State of California, as more
specifically described below, subject to the terms of this Utility Easement Deed (the "Deed"):
I. A non-exclusive, pennanent utility easement in favor of Grantee, its officers, agents, employees, and
contractors, over approximately four thousand forty-two (4,042) square feet of the Property (the "Utility Facilities Easement
Area"), more specifically described in Exhibit A and depicted in Exhibit B, for the placement, construction, maintenance,
operation, and repair of an electrical utility substation (the "Utility Substation"), including but not limited to the construction
of electrical substation utility structures and facilities thereon, vehicle access, storage, entry, and egress facilities for vehicular
access by, and storage of, utility and utility-serving vehicles and equipment, construction, placement, operation, and
maintenance of landscaping, retaining walls, fencing, signage, recreational facilities, or other site improvements necessary or
beneficial to the safe operation of an electrical utility substation and surrounding park, and the right to construct, reconstruct,
place, operate, repair, reconfigure, renew, resize, upgrade, enlarge, alter, add to, improve, and remove electrical switching,
transmission, generating, or distribution facilities or equipment (collectively, the Utility Substation and all other
improvements, equipment and facilities referred to above are referred to herein as the "Utility Facilities").
2. A non-exclusive pennanent easement in favor of Grantee for vehicular ingress and egress over
approximately four thousand five hundred and ten (4,510) square feet of the Property, as more specifically described in
Exhibits C and C-I hereto. The non-exclusive vehicular ingress and egress easement consists of the interests described
below:
The right for Grantee, its officers, agents, employees, and contractors, at any time, and from time to time, to
enter upon, occupy, and pass over the easement area more specifically described in the legal description in Exhibit
"C," as deemed reasonably necessary for all purposes incidental to the exercise of the easement rights granted under
paragraph 1 above. The easement shall include the right to perform within the easement area described in Exhibit
"c" any installation, construction, use, maintenance, repair and removal of driveways which are reasonably
incidental to the work being performed on said property in connection with the exercise of the easement rights
granted in paragraph I above.
3. A non-exclusive pennanent easement in favor of Grantee for public utilities consisting of approximately
seven thousand eight hundred and fifty-two (7,852) square feet of the Property, more specifically described in the legal
description attached hereto as Exhibits D and D..I, Said easement for public utilities shall consist of the interests described
below:
159/012377-0090
554491.04 aI2/01/04
The right for Grantee, its officers, agents, contractors and employees, to construct, reconstruct, replace,
repair, reconfigure, renew, modify, operate, use, maintain, inspect, relocate, resize, upgrade, enlarge, alter, add to,
improve and remove any and all public utility facilities, fIxtures, structures, and appurtenances (collectively, the
"Utilities") through and under the portions of the Property described in Exhibit D, together with reasonable rights of
ingress and egress thereto, including the right to enter onto said portion of the Property with such vehicles,
personnel, equipment and machinery as may be necessary or convenient to the Grantee for public utility purposes.
The easements are subject to:
1. Any valid and existing mineral leases of record.
2, Easements, rights and reservations as may appear upon the applicable recorded map and dedication of subdivision or
otherwise being of record covering such property.
The easements are also subject to the following agreements:
A. CONSTRUCTION. USE AND REPAIR. The placement, construction, erection, use, operation, repair, maintenance, and
removal of the Utility Facilities and the Utilities within the easement areas ("Easement Areas") shall conform to standard practices
and shall be done in compliance with all laws, ordinances, rules, and regulations of any governmental body having jurisdiction over or
with regard to the Property. Grantee shall repair all damage to the fences, driveways and other paved areas, lawns, and structures of
Grantor or of its tenants or other occupants of the Property arising out of the placement, construction, erection, use, operations, repair,
maintenance, or removal of the Utility Facilities and the Utilities or otherwise arising from Grantee's use of the Easement Areas
described in this Deed. If Grantee, pursuant to the aforesaid grant, shall do any digging or excavating in connection with the
placement, construction, erection, repair, or removal of the Utility Facilities or the Utilities or any other use by Grantee of the
Easement Areas, then as promptly as possible after such placement, construction, erection, repair or removal, as the case may be, shall
have been completed, Grantee shall fIll up the hole, trench, or other excavation, and remove all excess dirt from the affected Easement
Area and (i) if the affected Easement Area is the Utility Facilities Easement Area, restore the affected Easement Area so far as
possible to the appearance and condition contemplated by the Utilities Facility project or (ii) if the affected Easement Area is not the
Utility Facilities Easement Area, restore the affected Easement Area so far as possible to its original appearance and condition. In its
placement, construction, erection, use, operation, repair, maintenance, and removal of the Utility Facilities and the Utilities within the
Easement Areas, or any other use by Grantee of the Easement Areas, Grantee shall not interfere with or damage any electric,
telephone, telegraph, water, gas, steam, or other line or pipe then in place or any bridge, railroad, building, or other structure then
constructed, except as may be required in the Utility Facilities Easement Area for the Utilities Facilities project. All pipes, conduits,
wires and cables constituting part of the Utilities shall be located below the surface of the ground. Grantee shall have the sole
responsibility for the maintenance, repair, operation and management of the Utility Facilities and Utilities in the Easement Areas. All
placement, construction, erection, maintenance, repairs and removal of the Utility Facilities and the Utilities within the Easement
Areas, if any, (i) shall be performed in a good, workmanlike manner, with reasonable prior written notice to Grantor, (ii) shall be
prosecuted with reasonable diligence as appropriate for the project of which it is a part (iii) shall be performed in a manner such that
Festival Drive remains open during the performance of such work and (iv) shall be completed free and clear of all liens and
encumbrances which may in any way redound to the detriment of Grantor whatsoever. Grantee shall install and maintain appropriate
and visible warning signs for the Utility Facilities and Utilities, The provisions of this paragraph shall survive any termination of the
easements granted in this Deed.
B. NONDISTURBANCE. Grantee will cause the least possible interference with the activities of Grantor, the occupants of the
Property and their respective customers, agents, servants, employees, licensees and invitees, in connection with Grantee's exercise of
its rights hereunder, consistent with the magnitude and reasonably necessary requirements of the Utilities Facilities project. Without
limiting the generality of the foregoing, Grantee acknowledges and agrees that it will provide Grantor reasonable prior written notice
of any anticipated work in the Easement Areas and will perform any and all such work in good faith cooperation with Grantor so as to
minimize to the extent possible any unreasonable interference with the ingress and egress to and from the Property. The provisions of
this paragraph shall survive any termination of the easements granted in this Deed.
C. TAXES. Grantee shall pay any and all new or increased taxes, charges and assessments levied or asses"ed upon the Property
solely based upon or attributable to the Utility Facilities or the Utilities when and as due and payable, whether assessed with real or
personal property of Grantor or separately. If any such tax, charge, or assessment shall be paid in the fIrst instance by Grantor,
Grantee shall reimburse Grantor therefor within thirty (30) days after written request so to do and, if requested by Grantee, Grantor
shall provide reasonable verifIcation of such payment and the portion attributable to the Utility Facilities. The provisions of this
paragraph shall survive any termination of the easements granted in this Deed. This paragraph shall not apply to charges for
electricity or electricity service, or for charges assessed pursuant to the Grantee's bonded indebtedness payable by the customers of
Grantee's electrical utility generally.
D. INDEMNITY. Grantee shall defend, indemnify and hold harmless Grantor, its officers, agents, employees, successor's and
assigns" its tenants and other occupants of the Property, and any mortgagee of the Property, against all claims, suits, demands, causes
159/012377-0102 _ 2 _
554491.04 a1Il18/04
of action, liabilities, penalties, costs, expenses (including, but not limited to, professional fees and costs) (i) arising out of or relating
to any activity of Grantee, its agents, employees, licensees or contractors, their agents or employees, or (ii) arising out of or relating to
any default of Grantee hereunder, or (iii) otherwise arising out of or relating to the Utility Facilities or the Utilities, except for liability
caused by or arising solely from the negligence or willful misconduct of Grantor.. The provisions ofthis paragraph shall survive any
termination of the easements granted in this Deed.
E. NOTICES. Whenever any notice, demand or request is required or pennitted hereunder, such notice, demand or request
shall be made in writing and shall be personally delivered to the individuals listed below, sent via prepaid courier or overnight courier
or telecopier, or deposited in the United States mail, registered or certified, return receipt requested, postage prepaid, addressed to the
addresses (and individuals) set forth below:
As to Grantor:
OTR
275 East Broad Street
Columbus, Ohio 43215
Attention: Real Estate Manager
And to:
The State Teachers Retirement System of Ohio
44 Montgomery Street, Suite 2388
San Francisco, California 94104-4704
Attn: Regional Director
With a copy to:
SQUIRE, SANDERS & DEMPSEY L.L.P.
801 S. Figueroa Street, 14th Floor
Los Angeles, California 90017
Attn: Randolph H. Gustafson, Esq.
As to Grantee:
City Clerk
City of Anaheim
P.O. Box 3222
Anaheim, CA 92803
Public Utility General Manager
City of Anaheim
201 South Anaheim Boulevard
Suite 1101
Anaheim, CA 92805
With a copy to
David B. Cosgrove, Esq.
Rutan and Tucker, L.L.P.
611 Anton Boulevard Suite 1400
Costa Mesa, CA 92626
Any notice, demand or request that shall be served upon any party shall be deemed effective upon delivery to or
refusal to accept delivery by such party for all purposes hereunder (i) if sent via courier, at the time such notice, demand or request is
delivered, or (ii) if sent via telecopier, at the time of transmission, or (iii) if sent via registered or certified mail to a U.S. addressee,
three (3) calendar days after it is deposited in the United States mail. Either party by written notice given in accordance with the
foregoing provision shall have the right to change the address to which notices to such party are to be sent.
F. ABANDONMENT/TERMINATION. The easements granted herein shall be deemed abandoned and shall thereupon
immediately tenninate if (i) Grantee does not commence construction of the Utility Facilities and Utilities within one (1) year after the
date that this Deed is recorded in the real estate records of Orange County or (ii) Grantee ceases to operate the Utility Facilities or the
Utilities for a continuous period of sixty (60) consecutive months. No later than one hundred eighty (180) days after any abandonment
or termination of the easements granted herein, Grantee at its sole cost and expense shall remove from the Easement Areas so far as
possible to their original appearance and condition. The provisions of this paragraph shall survive any tennination of the easements
granted in this Deed.
159/012377-0102
55449\.04 al1118/04
- 3 -
G. SEVERABILITY. If any term, provision or condition contained in this Deed shall, to any extent, be invalid or
unenforceable, the remainder of this Deed (or the application of such term, provision or condition to persons or circumstances other
than those in respect of which it is invalid or unenforceable) shall not be affected thereby, and each term, provision or condition of this
Deed shall be valid and enforceable to the fullest extent permitted by law.
H. BINDING ON FUTURE PARTIES. The perpetual easement and all conditions, covenants and mutual agreements herein
shall run with the land and shall inure to the benefit of and be binding upon the parties, their successors and assigns.
I. ASSIGNMENT. The easement established, created and granted pursuant to this Deed may not be assigned, transferred or
conveyed by Grantee without the consent of Grantor, which consent shall not be unreasonably withheld, and is not intended to create,
nor shall it be construed as creating, any rights in or for the benefit of the general public.
J. ENTIRE AGREEMENT. This Deed contains the entire agreement of the parties as to the matters set forth herein. There are
no oral representations, warranties or other statements whatsoever except as expressed herein. This Deed shall not be modified except
in writing signed by both parties hereto or their respective successors and assigns
OTR, an Ohio General Partnership, as Nominee for the State
Teachers Retirement Board of Ohio
Dated
,2004
Bv
Its
Dated
,2004
By
Its
CITY OF ANAHEIM
,2004
By
Its
Dated
159/012377-0102
554491.04 a III 1 8/04
- 4-
STATE OF CALIFORNIA
COUNTY OF
On before me, personally appeared/personally known to me
(or proved to me on the basis of satisfactory evidence) to be the person(s) whose names(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in hislher/their authorized capacity(ies), and that by his/her/their signatures(s) on the
instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature
STATE OF CALIFORNIA
COUNTY OF
On before me, personally appeared/personally known to me
(or proved to me on the basis of satisfactory evidence) to be the person(s) whose names(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in hislher/their authorized capacity(ies), and that by hislher/their signatures(s) on the
instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature
STATE OF CALIFORNIA
COUNTY OF
On before me, personally appeared/personally known to me
(or proved to me on the basis of satisfactory evidence) to be the person(s) whose names(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in hislher/their authorized capacity(ies), and that by hislher/their signatures(s) on the
instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature
159/012377-0102
554491.04 al1/18/04
- 5 -
II '..'
#
EXHIBIT A & A-I
Fee Simple Taking
.' I
EXHIBIT "AU
LEGAL DESCRIPTION
THAT PORTION OF PARCEL "A", IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE
OF CALIFORNIA. AS SHOWN ON A PARCEL MAP FILED IN BOOK 255, PAGES 1 THROUGH
4, INCLUSIVE, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
ORANGE COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEASTERLY TERMINUS OF THAT CERTAIN COURSE OF SAID
PARCEL "A" BEING DESCRIBED AS "N 78-30'41" E 336.91'" AS SHOWN ON SAID PARCEL
MAP, SAID COURSE ALSO BEING THE NORTHERLY LINE OF PARCEL 4 AS SHOWN ON A
PARCEL MAP FILED IN BOOK 184, PAGES 24 AND 25 OF PARCEL MAPS IN THE OFFICE OF
THE COUNTY RECORDER OF SAID ORANGE COUNTY; THENCE SOUTHWESTERLY
AlONG SAID COURSE AND NORTHERLY LINE SOUTH 78-30'41" WEST 243.98 FEET TO THE
INTERSECTION OF SAID COURSE AND NORTHERLY LINE WITH A LINE PARALLEL WITH
AND 28.15 FEET SOUTHWESTERLY OF THE WESTERLY LINE OF SAID PARCEL 4; THENCE
NORTHWESTERLY AlONG THE PRONGATION OF SAID PARALLEL LINE NORTH 19-26'47"
WEST 18.36 FEET TO A LINE PARAllEL WITH AND 62.00 FEET SOUTHEASTERLY OF THE
NORTHERLY LINE OF SAID PARCEL "A"; THENCE ALONG SAID PARALLEL LINE NORTH
79-13'58" EAST 213.40 FEET TO THE BEGINNING OF A NONTANGENT CURVE CONCAVE TO
THE SOUTH AND HAVING A RADIUS OF 238.00 FEET, A RADIAL LINE TO SAID BEGINNING
BEARS NORTH 04-49'47" WEST; THENCE NORTHEASTERLY ALONG SAID NONTANGENT
CURVE THROUGH A CENTRAL ANGLE OF 10-43'37" AN ARC DISTANCE OF 44.56 FEET TO
A POINT ON THE EASTERLY LINE OF SAID PARCEL "A", SAID POINT BEING ON A
NONTANGENT CURVE CONCAVE TO THE NORTHWEST AND HAVING A RADIUS OF 395.00
FEET, A RADiAl LINE TO SAID POINT BEARS SOUTH 43-20'58" EAST; THENCE
SOUTHWESTERLY ALONG SAID CURVE AND EASTERLY LINE THROUGH A CENTRAL
ANGLE OF 00-20'30" AN ARC DISTANCE OF 2.35 FEET TO THE NORTHERLY LINE OF SAID
PARCEL 4; THENCE CONTINUING SOUTHWESTERLY ALONG SAID EASTERLY LINE OF
PARCEL "A" AND NORTHERLY LINE OF SAID PARCEL 4 THROUGH A CENTRAL ANGLE OF
01-24'50" AN ARC DISTANCE OF 9.75 FEET TO THE POINT OF BEGINNING.
CONTAINING 4,042 S.F., MORE OR lESS.
MORE PARTICUlARLY SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART
HEREOF. #
SUBJECT TO COVENANTS, CONDITIONS, AND EASEMENTS OF RECORD, IF ANY.
PREPARED BY
JOE R. BUCKNER P.l.S. NO. l007206 DATE
EXHIBIT A
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R= 21J.(}()'
L= 38.60'
T= 23.08'
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EASTERL Y LIfE OF PARCEl. ?"
P.HB. 255/1-4
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A.P. NO.: 354-45/-20
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PROPERTY ACQUISITION
POR. PARCa. -A- PoMB. 255/1-4
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EXHIBIT C & C-I
Vehicular Ingress/Egress Easement
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LEGAL DESCRIPTION
THAT PORTION OF PARCEL "N, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE
OF CALIFORNIA, AS SHOWN ON A PARCEL MAP FILED IN BOOK 255, PAGES 1 THROUGH
4, INCLUSIVE, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
ORANGE COUNTY, L YING EASTERLY OF THE FOLLOWING DESCRIBED LINE:
COMMENCING AT THE NORTHEASTERLY TERMINUS OF THAT CERTAIN COURSE OF SAID
PARCEL "A" BEING DESCRIBED AS "N 78030'41" E 336.91'" AS SHOWN ON SAID PARCEL
MAP, SAID COURSE ALSO BEING THE NORTHERLY LINE OF PARCEL 4 AS SHOWN ON A
PARCEL MAP FILED IN BOOK 184, PAGES 24 AND 25 OF PARCEL MAPS IN THE OFFICE OF
THE COUNTY RECORDER OF SAID ORANGE COUNTY; THENCE SOUTHWESTERLY
ALONG SAID COURSE AND NORTHERLY LINE SOUTH 78030'41" WEST 243.98 FEET TO THE
INTERSECTION OF SAID COURSE AND NORTHERLY LINE WITH A LINE PARALLEL WITH
AND 28.15 FEET SOUTHWESTERLY OF THE WESTERLY LINE OF SAID PARCEL 4, SAID
INTERSECTION BEING THE TRUE POINT OF BEGINNING; THENCE NORTHWESTERLY
ALONG THE PROLONGATION OF SAID PARALLEL LINE NORTH 19026'47" WEST 81.08 FEET
TO A POINT ON THE NORTHERLY LINE OF SAID PARCEL "A".
EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PARCEL:
BEGINNING AT THE NORTHEASTERLY TERMINUS OF THAT CERTAIN COURSE OF SAID
PARCEL "A" BEING DESCRIBED AS "N 78030'41. E 336.91'. AS SHOWN ON SAID PARCEL
MAP, SAID COURSE ALSO BEING THE NORTHERLY LINE OF PARCEL 4 AS SHOWN ON A
PARCEL MAP FILED IN BOOK 184, PAGES 24 AND 25 OF PARCEL MAPS IN THE OFFICE OF
THE COUNTY RECORDER OF SAID ORANGE COUNTY; THENCE SOUTHWESTERLY
ALONG SAID COURSE AND NORTHERLY LINE SOUTH 78030'41. WEST 243.98 FEET TO THE
INTERSECTION OF SAID COURSE AND NORTHERLY LINE WITH A LINE PARALLEL WITH
AND 2~.15 FEET SOUTHWESTERLY OF THE WESTERLY LINE OF SAID PARCEL 4; THENCE
NORTHWESTERLY ALONG THE PRONGATION OF SAID PARALLEL LINE NORTH 19026'47"
WEST 18.36 FEET TO A LINE PARALLEL WITH AND 62.00 FEET SOUTHEASTERLY OF THE
NORTHERLY LINE OF SAID PARCEL "A.; THENCE ALONG SAID PARALLEL LINE NORTH
79013'580 EAST 213.40 FEET TO THE BEGINNING OF A NONTANGENT CURVE CONCAVE TO
THE SOUTH AND HAVING A RADIUS OF 238.00 FEET, A RADIAL LINE TO SAID BEGINNING
BEARS NORTH 04049'47" WEST; THENCE NORTHEASTERLY ALONG SAID NONTANGENT
CURVE THROUGH A CENTRAL ANGLE OF 10043'37. AN ARC DISTANCE OF 44.56 FEET TO
A POINT ON THE EASTERLY LINE OF SAID PARCEL "A", SAID POINT BEING ON A
NONTANGENT CURVE CONCAVE TO THE NORTHWEST AND HAVING A RADIUS OF 395.00
FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 43020'58. EAST; THENCE
SOUTHWESTERLY ALONG SAID CURVE AND EASTERLY LINE THROUGH A CENTRAL
ANGLE OF 00020'30. AN ARC DISTANCE OF 2.35 FEET TO THE NORTHERLY LINE OF SAID
PARCEL 4; THENCE CONTINUING SOUTHWESTERLY ALONG SAID EASTERLY LINE OF
PARCEL "A" AND NORTHERLY LINE OF SAID PARCEL 4 THROUGH A CENTRAL ANGLE OF
01.24'50. AN ARC DISTANCE OF 9.75 FEET TO THE POINT OF BEGINNING.
ALSO EXCEPTING THEREFROM THE NORTHERLY 45.00 FEET.
EXHIBIT C
, <
. .
CONTAINING 4,510 S.F., MORE OR LESS.
MORE PARTICULARLY SHOWN ON EXHIBIT MBM ATTACHED HERETO AND MADE A PART
HEREOF.
PREPARED BY
JOE R. BUCKNER P.L.S. NO. lOO7206 DATE
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2.35'
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NORT1ERL Y' LlIE OF PARf;EL ~.
PER P.HB. 255/1-4
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40' EASEHENT FOR 1H6RE5S,
E6RESS, AID OCR6CJ>lCY'
PlRP05ES PER PHB. 255/1-4
SOt/T1ERL Y' LIIE OF P~ -A-
PHB. 25511-4, NORTfERL Y' LIIE
PARCEL 4f P.HB.164I24-25
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~TERL Y' LIIE OF PARCB..
4 P.HB. 164/24-25
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EAS8ENT OEDJC,ATED TO TIE aTY
OF ANAIEIH FOR OPEN SPACE PLRPOSES
PER P.H.B. 164/24-25
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A.P. NO.: 354-45/-20
R/W NO.:
VEHICULAR INGRESS/EGRESS EASEMENT
POR. PARt;EL ~. P.MB. 255/1-4
CITY OF ANAHEIM
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p. 714..:ss.onl
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OF SHEETS
DATE: 5/10
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EXHIBIT 0 & 0-1
Public Utility Easement
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LEGAl DESCRIPTION
THAT PORTION OF PARCEL "A", IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE
OF CALIFORNIA, AS SHOWN ON A PARCEL MAP FILED IN BOOK 255, PAGES 1 THROUGH
4, INCLUSIVE, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
ORANGE COUNTY, LYING EASTERLY OF THE FOLLOWING DESCRIBED LINE:
COMMENCING AT THE NORTHEASTERLY TERMINUS OF THAT CERTAIN COURSE OF SAID
PARCEL .A" BEING DESCRIBED AS ION 78"30'41" E 336.91'" AS SHOWN ON SAID PARCEL
MAP, SAID COURSE ALSO BEING THE NORTHERLY LINE OF PARCEL 4 AS SHOWN ON A
PARCEL MAP FilED IN BOOK 164, PAGES 24 AND 25 OF PARCEL MAPS IN THE OFFICE OF
THE COUNTY RECORDER OF SAID ORANGE COUNTY; THENCE SOUTHWESTERLY
ALONG SAID COURSE AND NORTHERLY LINE SOUTH 78"30'41" WEST 243.98 FEET TO THE
INTERSECTION OF SAID NORTHERLY LINE WITH A LINE PARAlLEL WITH AND 28.15 FEET
SOUTHWESTERLY OF THE WESTERLY LINE OF SAID PARCEL 4, SAID INTERSECTION
BEING THE TRUE POINT OF BEGINNING; THENCE NORTHWESTERLY ALONG THE
PROLONGATION OF SAID PARALLEL LINE NORTH 19"26'47" WEST 81.08 FEET TO A POINT
ON THE NORTHERLY LINE OF SAID PARCEL "A".
EXCEPTING THEREFROM THOSE PORTIONS INCLUDED WITHIN PARCELS 3, 25, AND 78
OF AN EASEMENT DEED RECORDED APRIL 21, 1994 AS DOCUMENT NO, 94-0278373,
RECORDS OF ORANGE COUNTY.
ALSO EXCEPTING THEREFROM THE FOllOWING DESCRIBED PARCEL:
BEGINNING AT THE NORTHEASTERLY TERMINUS OF THAT CERTAIN COURSE OF SAID
PARCEL lOA" BEING DESCRIBED AS "N 78"30'41" E 336.91" AS SHOWN ON SAID PARCEL
MAP, SAID COURSE ALSO BEING THE NORTHERLY LINE OF PARCEL 4 AS SHOWN ON A
PARCEL MAP FILED IN BOOK 184, PAGES 24 AND 25 OF PARCEL MAPS IN THE OFFICE OF
THE COUNTY RECORDER OF SAID ORANGE COUNTY; THENCE SOUTHWESTERLY
ALONG SAID COURSE AND NORTHERLY LINE SOUTH 78"30'41" WEST 243.98 FEET TO THE
INTERSECTION OF SAID COURSE AND NORTHERLY LINE WITH A LINE PARALLEL WITH
AND 28.15 FEET SOUTHWESTERLY OF THE WESTERLY LINE OF SAID PARCEL 4; THENCE
NORTHWESTERLY ALONG THE PRONGATION OF SAID PARALLEL LINE NORTH 19"26'47.
WEST 18.36 FEET TO A LINE PARALLEL WITH AND 62.00 FEET SOUTHEASTERLY OF THE
NORTHERLY LINE OF SAID tsARCEL "A"; THENCE ALONG SAID PARALLEL LINE NORTH
79013'58" EAST 213.40 FEET TO THE BEGINNING OF A NONTANGENT CURVE CONCAVE TO
THE SOUTH AND HAVING A RADIUS OF 238.00 FEET, A RADIAL LINE TO SAID BEGINNING
BEARS NORTH Q4.49'4r WEST; THENCE NORTHEASTERLY ALONG SAID NONTANGENT
CURVE THROUGH A CENTRAL ANGLE OF 10"43'37" AN ARC DISTANCE OF 44.56 FEET TO
A POINT ON THE EASTERLY LINE OF SAID PARCEL "A", SAID POINT BEING ON A
NONTANGENT CURVE CONCAVE TO THE NORTHWEST AND HAVING A RADIUS OF 395.00
FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 43"20'58" EAST; THENCE:
SOUTHWESTERLY ALONG SAID CURVE AND EASTERLY LINE THROUGH A CENTRAL
ANGLE OF 00"20'30" AN ARC DISTANCE OF 2.35 FEET TO THE NORTHERLY LINE OF SAID
PARCEL 4; THENCE CONTINUING SOUTHWESTERLY ALONG SAID EASTERLY LINE OF
PARCEL "A" AND NORTHERLY LINE OF SAID PARCEL 4 THROUGH A CENTRAL ANGLE OF
01024'50" AN ARC DISTANCE OF 9.75 FEET TO THE POINT OF BEGINNING.
r='x'HIP,I-r 11
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CONTAINING 7,852 S.F., MORE OR LESS.
MORE PARTICUlARLY SHOWN ON EXHIBIT -B- ATTACHED HERETO AND MADE A PART
HEREOF.
PREPARED BY
JOE R. BUCKNER P.L.S. NO. lOO7206 DATE
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Pa. 7/} PER 00CI/f"ENT
10. 44-0216513, O.R.
sotmERL Y' L*,= OF PARGEL -A-
PJi8.255A-4, NORT1f:RL'f UIE
PARCB.. 4, P.H.B. 164124-25
H3TERL Y' LIfE OF PARCEL It 6
4 P.HB. 164/24-25 Ot(,\.. A"~
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EASEMENT t:JEDICATED TO TIE art'
OF ANAJEIH FOR OPEN SPAC,E RRP05E5
PER PH.B. 164/24-25
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N.9II&IT AIiPA.
7,652 SF.
A.P. NO.: 354-45/-20
R/W NO.:
l1li Mwt&CW fI...._......Inc.
2100.. Or.ngewoad A..... SuIt. 110
0..,... CA .HIII
p. 714..15.oZH
_ f.714..35.1.2.
PUBUC UTILITY EASEMENT
POR. PARCEL ~. P .MB. 255/1-4
CITY OF ANAHEIM
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Of SHE TS
OA 1[: 5/04
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF ANAHEIM
P,O.. Box 3222
Anaheim, CA 92803
SPACE ABOVE THIS LINE FOR RECORDER'S USE
By
CITY DEED NO. 10790
UTILITY EASEMENT DEED
OTR, an Ohio General Partnership, as nominee for the State Teachers Retirement Board of Ohio ("Grantor"), for valuable
consideration, receipt of which is hereby acknowledged, hereby grants to CITY OF ANAHEIM, a municipal corporation ("Grantee"),
a charter city and political subdivision of the State of California, all of the following utility easements on, over, under, and through
portions of its real property (the "Property") situated in the City of Anaheim, County of Orange, State of California, as more
specifically described below, subject to the terms of this Utility Easement Deed (the "Deed"):
1. A non-exclusive, pennanent utility easement in favor of Grantee, its officers, agents, employees, and
contractors, over approximately four thousand forty-two (4,042) square feet of the Property (the "Utility Facilities Easement
Area"), more specifically described in Exhibit A and depicted in Exhibit B, for the placement, construction, maintenance,
operation, and repair of an electrical utility substation (the "Utility Substation"), including but not limited to the construction
of electrical substation utility structures and facilities thereon, vehicle access, storage, entry, and egress facilities for vehicular
access by, and storage of, utility and utility-serving vehicles and equipment, construction, placement, operation, and
maintenance of landscaping, retaining walls, fencing, signage, recreational facilities, or other site improvements necessary or
beneficial to the safe operation of an electrical utility substation and surrounding park, and the right to construct, reconstruct,
place, operate, repair, reconfigure, renew, resize, upgrade, enlarge, alter, add to, improve, and remove electrical switching,
transmission, generating, or distribution facilities or equipment (collectively, the Utility Substation and all other
improvements, equipment and facilities referred to above are referred to herein as the "Utility Facilities"),
2. A non-exclusive permanent easement in favor of Grantee for vehicular ingress and egress over
approximately four thousand five hundred and ten (4,510) square feet of the Property, as more specifically described in
Exhibits C and C-I hereto. The non-exclusive vehicular ingress and egress easement consists of the interests described
below:
The right for Grantee, its officers, agents, employees, and contractors, at any time, and from time to time, to
enter upon, occupy, and pass over the easement area more specifically described in the legal description in Exhibit
"C," as deemed reasonably necessary for all purposes incidental to the exercise of the easement rights granted under
paragraph I above. The easement shall include the right to perfonn within the easement area described in Exhibit
"c" any installation, construction, use, maintenance, repair and removal of driveways which are reasonably
incidental to the work being performed on said property in connection with the exercise of the easement rights
granted in paragraph 1 above.
3. A non-exclusive permanent easement in favor of Grantee for public utilities consisting of approximately
seven thousand eight hundred and fifty-two (7,852) square feet of the Property, more specifically described in the legal
description attached hereto as Exhibits D and D-I, Said easement for public utilities shall consist of the interests described
below:
159/012377-0090
554491.04 a12/10/04
The right for Grantee, its officers, agents, contractors and employees, to construct, reconstruct, replace,
repair, reconfigure, renew, modify, operate, use, maintain, inspect, relocate, resize, upgrade, enlarge, alter, add to,
improve and remove any and all public utility facilities, fixtures, structures, and appurtenances (collectively, the
"Utilities") through and under the portions of the Property described in Exhibit D, together with reasonable rights of
ingress and egress thereto, including the right to enter onto said portion of the Property with such vehicles,
personnel, equipment and machinery as may be necessary or convenient to the Grantee for public utility purposes.
The easements are subject to:
1. Any valid and existing mineral leases of record.
2. Easements, rights and reservations as may appear upon the applicable recorded map and dedication of subdivision or
otherwise being of record covering such property.
The easements are also subject to the following agreements:
A. CONSTRUCTION. USE AND REPAIR. The placement, construction, erection, use, operation, repair, maintenance, and
removal of the Utility Facilities and the Utilities within the easement areas ("Easement Areas") shall conform to standard practices
and shall be done in compliance with all laws, ordinances, rules, and regulations of any governmental body having jurisdiction over or
with regard to the Property. Grantee shall repair all damage to the fences, driveways and other paved areas, lawns, and structures of
Grantor or of its tenants or other occupants of the Property arising out of the placement, construction, erection, use, operations, repair,
maintenance, or removal of the Utility Facilities and the Utilities or otherwise arising from Grantee's use of the Easement Areas
described in this Deed. If Grantee, pursuant to the aforesaid grant, shall do any digging or excavating in connection with the
placement, construction, erection, repair, or removal of the Utility Facilities or the Utilities or any other use by Grantee of the
Easement Areas, then as promptly as possible after such placement, construction, erection, repair or removal, as the case may be, shall
have been completed, Grantee shall fill up the hole, trench, or other excavation, and remove all excess dirt from the affected Easement
Area and (i) if the affected Easement Area is the Utility Facilities Easement Area, restore the affected Easement Area so far as
possible to the appearance and condition contemplated by the Utilities Facility project or (ii) if the affected Easement Area is not the
Utility Facilities Easement Area, restore the affected Easement Area so far as possible to its original appearance and condition. In its
placement, construction, erection, use, operation, repair, maintenance, and removal of the Utility Facilities and the Utilities within the
Easement Areas, or any other use by Grantee of the Easement Areas, Grantee shall not interfere with or damage any electric,
telephone, telegraph, water, gas, steam, or other line or pipe then in place or any bridge, railroad, building, or other structure then
constructed, except as may be required in the Utility Facilities Easement Area for the Utilities Facilities project. All pipes, conduits,
wires and cables constituting part of the Utilities shall be located below the surface of the ground. Grantee shall have the sole
responsibility for the maintenance, repair, operation and management of the Utility Facilities and Utilities in the Easement Areas. All
placement, construction, erection, maintenance, repairs and removal of the Utility Facilities and the Utilities within the Easement
Areas, if any, (i) shall be performed in a good, workmanlike manner, with reasonable prior written notice to Grantor, (ii) shall be
prosecuted with reasonable diligence as appropriate for the project of which it is a part (iii) shall be performed in a manner such that
Festival Drive remains open during the performance of such work and (iv) shall be completed free and clear of all liens and
encumbrances which may in any way redound to the detriment of Grantor whatsoever. Grantee shall install and maintain appropriate
and visible warning signs for the Utility Facilities and Utilities. The provisions of this paragraph shall survive any termination of the
easements granted in this Deed.
B. NONDISTURBANCE. Grantee will cause the least possible interference with the activities of Grantor, the occupants of the
Property and their respective customers, agents, servants, employees, licensees and invitees, in connection with Grantee's exercise of
its rights hereunder, consistent with the magnitude and reasonably necessary requirements of the Utilities Facilities project. Without
limiting the generality of the foregoing, Grantee acknowledges and agrees that it will provide Grantor reasonable prior written notice
of any anticipated work in the Easement Areas and will perform any and all such work in good faith cooperation with Grantor so as to
minimize to the extent possible any unreasonable interference with the ingress and egress to and from the Property. The provisions of
this paragraph shall survive any termination of the easements granted in this Deed.
C. TAXES. Grantee shall pay any and all new or increased taxes, charges and assessments levied or assessed upon the Property
solely based upon or attributable to the Utility Facilities or the Utilities when and as due and payable, whether assessed with real or
personal property of Grantor or separately. If any such tax, charge, or assessment shall be paid in the first instance by Grantor,
Grantee shall reimburse Grantor therefor within thirty (30) days after written request so to do and, if requested by Grantee, Grantor
shall provide reasonable verification of such payment and the portion attributable to the Utility Facilities. The provisions of this
paragraph shall survive any termination of the easements granted in this Deed. This paragraph shall not apply to charges for
electricity or electricity service, or for charges assessed pursuant to the Grantee's bonded indebtedness payable by the customers of
Grantee's electrical utility generally.
159/012377-0102
554491.04 all/18/04
- 2 -
D. INDEMNITY. Grantee shall defend, indemnify and hold harmless Grantor, its officers, agents, employees, successor's and
assigns" its tenants and other occupants of the Property, and any mortgagee of the Property, against all claims, suits, demands, causes
of action, liabilities, penalties, costs, expenses (including, but not limited to, professional fees and costs) (i) arising out of or relating
to any activity of Grantee, its agents, employees, licensees or contractors, their agents or employees, or (ii) arising out of or relating to
any default of Grantee hereunder, or (iii) otherwise arising out of or relating to the Utility Facilities or the Utilities, except for liability
caused by or arising solely from the negligence or willful misconduct of Grantor.. The provisions of this paragraph shall survive any
termination of the easements granted in this Deed.
E. NOTICES. Whenever any notice, demand or request is required or pemritted hereunder, such notice, demand or request
shall be made in writing and shall be personally delivered to the individuals listed below, sent via prepaid courier or overnight courier
or telecopier, or deposited in the United States mail, registered or certified, return receipt requested, postage prepaid, addressed to the
addresses (and individuals) set forth below:
As to Grantor:
OTR
275 East Broad Street
Columbus, Ohio 43215
Attention: Real Estate Manager
And to:
The State Teachers Retirement System of Ohio
44 Montgomery Street, Suite 2388
San Francisco, California 94104-4704
Attn: Regional Director
With a copy to:
SQUIRE, SANDERS & DEMPSEY L.L.P.
801 S. Figueroa Street, 14th Floor
Los Angeles, California 90017
Attn: Randolph H. Gustafson, Esq.
As to Grantee:
City Clerk
City of Anaheim
P.O. Box 3222
Anaheim, CA 92803
Public Utility General Manager
City of Anaheim
201 South Anaheim Boulevard
Suite 1101
Anaheim, CA 92805
With a copy to
David B. Cosgrove, Esq.
Rutan and Tucker, L.L.P.
611 Anton Boulevard Suite 1400
Costa Mesa, CA 92626
Any notice, demand or request that shall be served upon any party shall be deemed effective upon delivery to or
refusal to accept delivery by such party for all purposes hereunder (i) if sent via courier, at the time such notice, demand or request is
delivered, or (ii) if sent via telecopier, at the time of transmission, or (iii) if sent via registered or certified mail to a U.S. addressee,
three (3) calendar days after it is deposited in the United States mail. Either party by written notice given in accordance with the
foregoing provision shall have the right to change the address to which notices to such party are to be sent.
F. ABANDONMENT/TERMINATION. The easements granted herein shall be deemed abandoned and shall thereupon
immediately temrinate if (i) Grantee does not commence construction of the Utility Facilities and Utilities within one (1) year after the
date that this Deed is recorded in the real estate records of Orange County or (ii) Grantee ceases to operate the Utility Facilities or the
Utilities for a continuous period of sixty (60) consecutive months. No later than one hundred eighty (180) days after any abandonment
or temrination of the easements granted herein, Grantee at its sole cost and expense shall remove from the Easement Areas so far as
159/012377-0102
554491.04 alI/18/04
- 3 -
possible to their original appearance and condition. The provisions of this paragraph shall survive any termination of the easements
granted in this Deed.
G. SEVERABILITY. If any term, provision or condition contained in this Deed shall, to any extent, be invalid or
unenforceable, the remainder of this Deed (or the application of such term, provision or condition to persons or circumstances other
than those in respect of which it is invalid or unenforceable) shall not be affected thereby, and each term, provision or condition of this
Deed shall be valid and enforceable to the fullest extent permitted by law.
H. BINDING ON FUTURE PARTIES. The perpetual easement and all conditions, covenants and mutual agreements herein
shall run with the land and shall inure to the benefit of and be binding upon the parties, their successors and assigns.
1. ASSIGNMENT. The easement established, created and granted pursuant to this Deed may not be assigned, transferred or
conveyed by Grantee without the consent of Grantor, which consent shall not be unreasonably withheld, and is not intended to create,
nor shall it be construed as creating, any rights in or for the benefit of the general public.
1. ENTIRE AGREEMENT. This Deed contains the entire agreement of the parties as to the matters set forth herein. There are
no oral representations, warranties or other statements whatsoever except as expressed herein. This Deed shall not be modified except
in writing signed by both parties hereto or their respective successors and assigns
OTR, an Ohio General Partnership, as Nominee for the State
Teachers Retirement Board of Ohio
Dated JJ (J lleV""-b~<" :l ~
,2004
Bv
Its
V~~
William A. ~nurma
Director, Western Heglon
Dated
,2004
By
Its
Dated
/.,1. - /~
,2004
159/012377-0102
554491.04 all/18/04
- 4-
STATE OF CALIFORNIA
COUNTY OF 5ec.1\ rra.r\c...l'SC,f)
On No\le"",ke,y-~, ( .20()lf before me, UJ,U"AM A SJ.UAY"f\tM personally appeared/personally known to me
(or proved to me on the basis of satisfactory evidence) to be the perso~ whose names(if is/~ subscribed to the within instrument and
acknowledged to me that he/sW'tJl€Y executed the same in his/pet1t~ authorized capacity~, and that by hisil}.ef1tJwi'( signatures~n the
instrument the person~ or the entity upon behalf of which the person~acted, executed the instrument.
WITNE+~"W ~ .
Slgnatur ~~
@.'PLAURIEM'BERNARDI
..!; COMM. #1489568
.., :".,:.. NOTARY PUBLIC" CALIFORNIA I
. ..... SAN FRANCISCO COUNTY ...
Comm. Exp. JUNE 11, 2008
STATE OF CALIFORNIA
COUNTY OF
On before me, personally appeared/personally known to me
(or proved to me on the basis of satisfactory evidence) to be the person(s) whose names(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the
instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature
STATE OF CALIFORNIA
COUNTY OF
On before me, personally appeared/personally known to me
(or proved to me on the basis of satisfactory evidence) to be the person(s) whose names(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in hislher/their authorized capacity(ies), and that by his/her/their signatures(s) on the
instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature
1591012377-0102
554491.04 al1118/04
- 5 -
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EXHIBIT MAlt
LEGAL DESCRIPTION
THAT PORTION OF PARCEL -A", IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE
OF CALIFORNIA. AS SHOWN ON A PARCEL MAP FILED IN BOOK 255, PAGES 1 THROUGH
4, INCLUSIVE, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
ORANGE COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEASTERLY TERMINUS OF THAT CERTAIN COURSE OF SAID
PARCEL "A" BEING DESCRIBED AS "N 78"30'41" E 336.91'" AS SHOWN ON SAID PARCEL
MAP, SAID COURSE ALSO BEING THE NORTHERLY LINE OF PARCEL 4 AS SHOWN ON A
PARCEL MAP FILED IN BOOK 184, PAGES 24 AND 25 OF PARCEL MAPS IN THE OFFICE OF
THE COUNTY RECORDER OF SAID ORANGE COUNTY; THENCE SOUTHWESTERLY
ALONG SAID COURSE AND NORTHERLY LINE SOUTH 78-30'41. WEST 243.98 FEET TO THE
INTERSECTION OF SAID COURSE AND NORTHERLY LINE WITH A LINE PARALLEL WITH
AND 28.15 FEET SOUTHWESTERLY OF THE WESTERLY LINE OF SAID PARCEL 4; THENCE
NORTHWESTERLY ALONG THE PRONGATION OF SAID PARALLEL LINE NORTH 19"26'47"
WEST 18.36 FEET TO A LINE PARALLEL WITH AND 62.00 FEET SOUTHEASTERLY OF THE
NORTHERLY LINE OF SAID PARCEL "A"; THENCE ALONG SAID PARAlLEL LINE NORTH
79"13'58" EAST 213.40 FEET TO THE BEGINNING OF A NONTANGENT CURVE CONCAVE TO
THE SOUTH AND HAVING A RADIUS OF 238,00 FEET, A RADIAL LINE TO SAID BEGINNING
BEARS NORTH 04-49'47" WEST; THENCE NORTHEASTERLY ALONG SAID NONTANGENT
CURVE THROUGH A CENTRAL ANGLE OF 10"43'37" AN ARC DISTANCE OF 44.56 FEET TO
A POINT ON THE EASTERLY LINE OF SAID PARCEL "A", SAID POINT BEING ON A
NONTANGENT CURVE CONCAVE TO THE NORTHWEST AND HAVING A RADIUS OF 395.00
FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 43"20'58" EAST; THENCE
SOUTHWESTERL Y ALONG SAID CURVE AND EASTERLY LINE THROUGH A CENTRAL
ANGLE OF 00-20'30. AN ARC DISTANCE OF 2.35 FEET TO THE NORTHERLY LINE OF SAID
PARCEL 4; THENCE CONTINUING SOUTHWESTERLY ALONG SAID EASTERLY LINE OF
PARCEL "A" AND NORTHERLY LINE OF SAID PARCEL 4 THROUGH A CENTRAL ANGLE OF
01.24'50" AN ARC DISTANCE OF 9.75 FEET TO THE POINT OF BEGINNING,
CONTAINING 4,042 S.F., MORE OR LESS.
MORE PARTICULARLY SHOWN ON EXHIBIT "B. ATTACHED HERETO AND MADE A PART
HEREO~ ~
SUBJECT TO COVENANTS, CONDITIONS, AND EASEMENTS OF RECORD, IF ANY.
PREPARED BY
JOE R. BUCKNER P.L.S. NO. LOO7206 DATE
EXHIBIT A
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A.P. NO.: 354-45/-20
R/W NO.:
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PROPERTY ACQUISITION
PaR. PARCEL ~. P.M.B. 255/1-4
CITY OF ANAHEIM
IBIT
Of'
DATE: 5104
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LEGAL DESCRIPTION
THAT PORTION OF PARCEL -A-, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE
OF CALIFORNIA. AS SHOWN ON A PARCEL MAP FILED IN BOOK 255, PAGES 1 THROUGH
4, INCLUSIVE, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
ORANGE COUNTY, LYING EASTERLY OF THE FOLLOWING DESCRIBED LINE:
COMMENCING AT THE NORTHEASTERLY TERMINUS OF THAT CERTAIN COURSE OF SAID
PARCEL -A- BEING DESCRIBED AS -N 78-30'41- E 336.91" AS SHOWN ON SAID PARCEL
MAP, SAID COURSE ALSO BEING THE NORTHERLY LINE OF PARCEL 4 AS SHOWN ON A
PARCEL MAP FILED IN BOOK 184, PAGES 24 AND 25 OF PARCEL MAPS IN THE OFFICE OF
THE COUNTY RECORDER OF SAID ORANGE COUNTY; THENCE SOUTHWESTERLY
ALONG SAID COURSE AND NORTHERLY LINE SOUTH 78-30'41- WEST 243.98 FEET TO THE
INTERSECTION OF SAID COURSE AND NORTHERLY LINE WITH A LINE PARAlLEL WITH
AND 28.15 FEET SOUTHWESTERLY OF THE WESTERLY LINE OF SAID PARCEL 4, SAID
INTERSECTION BEING THE TRUE POINT OF BEGINNING; THENCE NORTHWESTERLY
AlONG THE PROLONGATION OF SAID PARALLEL LINE NORTH 19-26'47-WEST 81.08 FEET
TO A POINT ON THE NORTHERLY LINE OF SAID PARCEL MA-.
EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PARCEL:
BEGINNING AT THE NORTHEASTERLY TERMINUS OF THAT CERTAIN COURSE OF SAID
PARCEL -A- BEING DESCRIBED AS -N 78-30'41- E 336.91'- AS SHOWN ON SAID PARCEL
MAP, SAID COURSE ALSO BEING THE NORTHERLY LINE OF PARCEL 4 AS SHOWN ON A
PARCEL MAP FILED IN BOOK 184, PAGES 24 AND 25 OF PARCEL MAPS IN THE OFFICE OF
THE COUNTY RECORDER OF SAID ORANGE COUNTY; THENCE SOUTHWESTERLY
ALONG SAID COURSE AND NORTHERLY LINE SOUTH 78-30'41- WEST 243.98 FEET TO THE
INTERSECTION OF SAID COURSE AND NORTHERLY LINE WITH A LINE PARALLEL WITH
AND 2~.15 FEET SOUTHWESTERLY OF THE WESTERLY LINE OF SAID PARCEL 4; THENCE
NORTHWESTERLY ALONG THE PRONGATION OF SAID PARALLEL LINE NORTH 19-26'47-
WEST 18.36 FEET TO A LINE PARALLEL WITH AND 62.00 FEET SOUTHEASTERLY OF THE
NORTHERLY LINE OF SAID PARCEL -Aw; THENCE ALONG SAID PARAlLEL LINE NORTH
79-13'58- EAST 213.40 FEET TO THE BEGINNING OF A NONTANGENT CURVE CONCAVE TO
THE SOUTH AND HAVING A RADIUS OF 238.00 FEET, A RADIAL LINE TO SAID BEGINNING
BEARS NORTH 04-49'47- WEST; THENCE NORTHEASTERLY ALONG SAID NONTANGENT
CURVE THROUGH A CENTRAL ANGLE OF 10-43'37w AN ARC DISTANCE OF 44.56 FEET TO
A POINT ON THE EASTERlY LINE OF SAID PARCEL -A., SAID POINT BEING ON A
NONTANGENT CURVE CONCAVE TO THE NORTHWEST AND HAVING A RADIUS OF 395.00
FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 43-20'58- EAST; THENCE
SOUTHWESTERLY ALONG SAID CURVE AND EASTERLY LINE THROUGH A CENTRAL
ANGLE OF 00-20'30- AN ARC DISTANCE OF 2.35 FEET TO THE NORTHERLY LINE OF SAID
PARCEL 4; THENCE CONTINUING SOUTHWESTERLY ALONG SAID EASTERLY LINE OF
PARCEL -A- AND NORTHERLY LINE OF SAID PARCEL 4 THROUGH A CENTRAL ANGLE OF
01-24'50W AN ARC DISTANCE OF 9.75 FEET TO THE POINT OF BEGINNING.
ALSO EXCEPTING THEREFROM THE NORTHERLY 45.00 FEET.
EXHlBIT C
" .
. .
CONTAINING 4,510 S.F., MORE OR LESS.
MORE PARTICULARLY SHOWN ON EXHIBIT -B- ATTACHED HERETO AND MADE A PART
HEREOF.
PREPARED BY
JOE R BUCKNER P.L.S. NO. LOO1206 DATE
#
" ,
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'0
~s~~
...... AI-1b
~
40' EASEH:NT FOR 1H6RCS5,
C6RCS5, AID 0 fR6Dt:;}'"
PfRP05ES PER P.H.B. 25511-4
SOUT1f:RL Y LIIe OF pARt;d -A.
P.H.8. 255,17-4, NORTIf!!RL}'" LIIE
Pi4RtB. -I, P.HB. 1IUI24-~
I'ESTERL Y LIIE OF Pi4RtB.
-I P.H.8. 164/24-~
II 6
oi'v I},1.,1'/;
i' ~~eAJ
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AI.""'" AIIII!i4I
EASeENT ~TED TO TIE aTY
OF NWElH F(M OPEN SPN;E F'IRP05ES
PER P.H.8. 04124-25
4,510 SF.
0'
J
SCALE, /- . 60'
A.P. NO.: 354-45/-20
R/W NO.:
_......ChII ~""Inc.
. Z1CIO.. 0._+ aa If Awe.. SuM. 110
er.n.. CA ....
..714._.02:1'
_ f. 71...35.1Ut1
VEHICULAR INGRESS/EGRESS EASEMENT
POR. PARGEL ~. P.M.B. 255/1-4
CITY Of ANAHEIM
OF E'IS
DAlE: 5/10
.' "
" ..
.J '.
LEGAL DESCRIPTION
THAT PORTION OF PARCEL MAIO, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE
OF CALIFORNIA, AS SHOWN ON A PARCEL MAP FILED IN BOOK 255, PAGES 1 THROUGH
4, INCLUSIVE, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
ORANGE COUNTY, lYING EASTERLY OF THE FOLLOWING DESCRIBED LINE:
COMMENCING AT THE NORTHEASTERLY TERMINUS OF THAT CERTAIN COURSE OF SAID
PARCEL .A. BEING DESCRIBED AS IIN 78-30'41. E 336.91'. AS SHOWN ON SAID PARCEL
MAP, SAID COURSE ALSO BEING THE NORTHERlY LINE OF PARCEL 4 AS SHOWN ON A
PARCEL MAP FILED IN BOOK 184, PAGES 24 AND 25 OF PARCEL MAPS IN THE OFFICE OF
THE COUNTY RECORDER OF SAID ORANGE COUNTY; THENCE SOUTHWESTERLY
ALONG SAID COURSE AND NORTHERL V LINE SOUTH 78-30'41. WEST 243.98 FEET TO THE
INTERSECTION OF SAID NORTHERLV LINE WITH A LINE PARALLEL WITH AND 28.15 FEET
SOUTHWESTERLY OF THE WESTERL V LINE OF SAID PARCEL 4, SAID INTERSECTION
BEING THE TRUE POINT OF BEGINNING; THENCE NORTHWESTERLY ALONG THE
PROLONGATION OF SAID PARALLEL LINE NORTH 19-26'4711 WEST 81.08 FEET TO A POINT
ON THE NORTHERLY LINE OF SAID PARCEL lOA..
EXCEPTING THEREFROM THOSE PORTIONS INCLUDED WITHIN PARCELS 3, 25, AND 78
OF AN EASEMENT DEED RECORDED APRIL 21, 1994 AS DOCUMENT NO. 94-0278373,
RECORDS OF ORANGE COUNTY.
ALSO EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PARCEL:
BEGINNING AT THE NORTHEASTERL V TERMINUS OF THAT CERTAIN COURSE OF SAID
PARCEL .AII BEING DESCRIBED AS ION 78-30'4111 E 336.91" AS SHOWN ON SAID PARCEL
MAP, SAID COURSE ALSO BEING THE NORTHERl V LINE OF PARCEL 4 AS SHOWN ON A
PARCEL MAP FILED IN BOOK 184, PAGES 24 AND 25 OF PARCEL MAPS IN THE OFFICE OF
THE COUNTY RECORDER OF SAID ORANGE COUNTY; THENCE SOUTHWESTERLY
ALONG SAID COURSE AND NORTHERLY LINE SOUTH 78-30'41- WEST 243.98 FEET TO THE
INTERSECTION OF SAID COURSE AND NORTHERLY LINE WITH A LINE PARALLEL WITH
AND 28.15 FEET SOUTHWESTERL V OF THE WESTERLY LINE OF SAID PARCEL 4; THENCE
NORTHWESTERLY ALONG THE PRONGATION OF SAID PARALLEL LINE NORTH 19-26'4T
WEST 16.36 FEET TO A LINE PARALLEL WITH AND 62.00 FEET SOUTHEASTERL V OF THE
NORTHERLY LINE OF SAID fSARCEL .A.; THENCE ALONG SAID PARALLEL LINE NORTH
79-13'5811 EAST 213.40 FEET TO THE BEGINNING OF A NONTANGENT CURVE CONCAVE TO
THE SOUTH AND HAVING A RADIUS OF 238.00 FEET, A RADIAL LINE TO SAID BEGINNING
BEARS NORTH 04-49'4T WEST; THENCE NORTHEASTERLV AlONG SAID NONTANGENT
CURVE THROUGH A CENTRAL ANGLE OF 10-43'37. AN ARC DISTANCE OF 44.56 FEET TO
A POINT ON THE EASTERL V LINE OF SAID PARCEL -All, SAID POINT BEING ON A
NONTANGENT CURVE CONCAVE TO THE NORTHWEST AND HAVING A RADIUS OF 395.00
FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 43-20'58. EAST; THENC~
SOUTHWESTERLY ALONG SAID CURVE AND EASTERL V LINE THROUGH A CENTRAL
ANGLE OF 00-20'3011 AN ARC DISTANCE OF 2.35 FEET TO THE NORTHERLY LINE OF SAID
PARCEL 4; THENCE CONTINUING SOUTHWESTERLY ALONG SAID EASTERL V LINE OF
PARCEL .AII AND NORTHERL V LINE OF SAID PARCEL 4 THROUGH A CENTRAL ANGLE OF
01-24'5011 AN ARC DISTANCE OF 9.75 FEET TO THE POINT OF BEGINNING.
f=VI-up,rr rl
.., . t. L
..
CONTAINING 7,852 S.F., MORE OR LESS.
MORE PARTICUlARLY SHOWN ON EXHIBIT -B- ATTACHED HERETO AND MADE A PART
HEREOF.
PREPARED BY
JOE R. BUCKNER P.L.S. NO. lOO7206 DATE
~
...... ..... t.
Pa.. 3 PER rxx;u.e{T
NO. tf4-o216m OR.
Fa.. 18 PER 0t:)(;IAfi(T'
NO. 'H-0276313, OR.
sovnERL Y LIIE OF p,AR(;B, ~.
PH.B. ~5A-4, NORT1ERLY LH:
pARt;B. 4, P.H.8. 16412+-25
\
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I'ESTERL Y LIIe OF PARaL A 6
4 PH.B. /lJttV24-25 v~v A"''t
~ "'~eA/~
~.~.
~.
EA!!EH:NT DEJ:JI(;A TED TO TIE aTY
OF AlWEIH FOR OPEN SPACE FtRP05ES
PER P.H.B. 164124-25
\
\
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1U.9I8IT ~
1,1J52 SF.
A.P, NO.: 3511-45/-20
R/W NO.:
PUBUC UTILITY EASEMENT
PaR. PARCEL ~. PoMB. 255A-I
CITY OF ANAHEIM
t=Y1-I1P,1-r n_ 1
_ ...... CIwtI fI...._~.......
"00.. o._~ J "..... SuIte 110
ar-... CA ....
.. 714.PS.oZ:aa
_ f.714....1.21
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.----
5CAJ.E, ,- · 60'
DATE: 5/04