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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 " \ SICBTCH TO ACCOMPANY A lEGAL DBSCRIPI10N (;I ~ (;!J C4 c.5 C6 LI L2 IlE/lMlVE IlA TA ~rA RADIJ5 ~6'!11. 231'-')0' 01"2450. !JtI5.(}()' 02"~S. :JtI5.(}()' OI.0'r36. 27S.00' 15~'21. 325.00' ~~.. :JII5.~' N/tI"26'47"H N04"52'14"E LEN67H 44.56' '(,'75' 16./7' 5.$7' 86.7/' 235' /1J.36' 50.00' .t:. = 78 "5Q'47. R= 21J.(}()' L= 38.60' T= 23.08' u \ \ \ \ \ , \ \ \ , ...............' \. '\ \z,6 fJ. r;:/~ J 1l'-' , ~~ ,\eA \ ..~~. , .fi" , ~, , , , SOVTIERL '( LIfE OF PARCEl. ~. P.HB. 25511--1, NORTIfRL '( LIIE . OF pARt;EJ.. 4, P.HB. 184/24-25 EASTERL Y LIfE OF PARCEl. ?" P.HB. 255/1-4 \ \ I'ESTERL Y LIIE OF P.ARCB. 4 P.MB. /1J4124-25 A ~6 f!.O~Y~1l ~ J>. "ell ~,~' ~, . EASEItiff 0ElJI(;A TED TO TIE (;/TY OF ANAIEIM FOR (;PEN SPAa: PfRP05ES PER P.MB. 04/24-25 ! O' i 60' I I XALEt I. = ()O' Ai"~ ARPA. 4t:H2 S.F. A.P. NO.: 354-45/-20 R/W NO.: III ..... Civil EntIk-..... Inc. . 1100 W. Or..,........, A..." SuIt. ',0 Orenge, CA 8_ ... 714.83S,ona .- f. 114.1135.1128 PROPERTY ACQUISITION POR. PARCa. -A- PoMB. 255/1-4 CITY OF ANAHEIM SH Of SHEETS DAlE: 5/04 r-' " I 11r') 1m A 1 ,". ..... EXHIBIT C & C-I Vehicular Ingress/Egress Easement ... ,'. 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 ~ .' t. . . (;,1 (;,2 G3 (;4 C5 (;6 LI L2 1.3 LBlSTH tI. 75' 16.17' 5.57' 2.35' 44.56' 86.7/' '''.36' 8I0IJ' 50.00' NORT1ERL Y' LlIE OF PARf;EL ~. PER P.HB. 255/1-4 Ii / ~ OENOTES EX/SnN6 EASEfoENT/ j ~J , e , ~ ~ 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 t. 6 vi\" A/}, i' J>.~6t.J'i ~.0' ~. ~TERL Y' LIIE OF PARCB.. 4 P.HB. 164/24-25 ! , 60' EAS8ENT OEDJC,ATED TO TIE aTY OF ANAIEIH FOR OPEN SPACE PLRPOSES PER P.H.B. 164/24-25 \ \ \ \ \ ",.,9'tII!NT ARS4. 4,5/0 S.F. 0' - - - - sc.ALE: I. = 60' A.P. NO.: 354-45/-20 R/W NO.: VEHICULAR INGRESS/EGRESS EASEMENT POR. PARt;EL ~. P.MB. 255/1-4 CITY OF ANAHEIM t:VUU;:/.I-r r 1 _ .....ChM~....1nc. . Z100 W. 0...... .. " _.. Sul'- 110 ar.ng.. CA IZH8 p. 714..:ss.onl ..... _ r.114.135.1eZI OF SHEETS DATE: 5/10 ~ . \. '.!I ~ EXHIBIT 0 & 0-1 Public Utility Easement # .'\' .' " 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 . ' ~ " 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 ~ . . ~.... ."," \ \ 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"~ ~ f>.~6A/~ ~.~. ~. EASEMENT t:JEDICATED TO TIE art' OF ANAJEIH FOR OPEN SPAC,E RRP05E5 PER PH.B. 164/24-25 \ \ \ \ 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 J::YI-IIP,I-r n_ 1 0' . ! ~ 60' I SCALE: I. = 60' SH 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 - . , " . .' . , I 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 . . ,., ..' , SICBTaI TO ACCOMPANY A lB:W. DESCItIPI10N (;I (;2 ~ (;if G5 ~ LI 12 LBl6TH 44.56 ' If. 75' 16./7' 5. 7' 1J6.7/' 235' "'~' 50.00' 11 . 18 .5tf'47. R= 2".00' L - 31'.60' r- 23.()lJ' \ \ \ \ \ \ \ \ , \ ...............' \, '\ \~6 t}.(j~J'J.A" \ ~~ ,\eA \ ..A.~' , \'I" \ f. \ \ \ SOII'nEPL Y' LIfE OF PAR&EL ~. P.H.8. 25M..." NORT1ERJ.. Y' LIfE . OF pARt;EL 4. P.HB. 1~/24-25 EASTERL Y' LIfE OF PARCeL ~. P.H.B. 255/1-4 \ \ H3T1!RL Y' LIfE OF PNlCEL 4 P.HB. 1~/24-25 A ~6 f\(j~r~A" f f>. ...eA ~.~. f. . \ , \ ~AdCJftiW .NIII!54. 4,()42 S.F. EASEH!NT IJEOI(;ATEO TO TIf Qrt OF NWEIH FOR OPEN SPAt;E PfRPOSES PER P.H.B. 1lU/2+25 ! i 60' 0' - - - - !3(;,ALE, I. = 60' A.P. NO.: 354-45/-20 R/W NO.: III .....c.........-....... "00 w. Oreo 'I ud /we., SuI.. 110 ...... CA ._ ... 714.U5.oua _ fo '14.':15.112' PROPERTY ACQUISITION PaR. PARCEL ~. P.M.B. 255/1-4 CITY OF ANAHEIM IBIT Of' DATE: 5104 . . ." .' . 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 # " , ., . '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 tft.0' ~. ! I if' \ \ \ \ \ 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 \ \ 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 \ \ \ \ 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 0' ! I 6p' .---- 5CAJ.E, ,- · 60' DATE: 5/04