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C-5106 - Settlement Agreement for Acquisition of Real Property interests and Joint Escrow Instructions (Jamboree Road Improvements - Bristol Street North to Fairchild Road
LJ ORIGINAL APN: 445-132-09 (First California Bank) TITLE REPORT NO: Orange Coast Title, Order # 1029787-32 PROJECT: Jamboree Road Improvements — Bristol Street North to Fairchild Road SETTLEMENT AGREEMENT FOR ACQUISITION OF REAL PROPERTY INTERESTS AND JOINT ESCROW INSTRUCTIONS This SETTLEMENT AGREEMENT FOR ACQUISITION OF REAL PROPERTY INTSal STS AND JOINT ESCR W INSTRUCTIONS ("Agreement") is entered into this _, � of Zhen , 2012 by and between the City of Newport Beach, a Municipal Corporation (hereina er called "Buyer") and First California Bank, a California banking corporation (hereinafter called "Seller") for acquisition by Buyer of certain real property and interests in real property hereinafter set forth. RECITALS WHEREAS, Buyer desires to acquire certain easements and all of Seller's rights, interests and title in and to a portion of Seller's real property for the Jamboree Road Improvements— Bristot Street North to Fairchild Road Project ("Project"). The real property interests to be acquired herein are more particularly described in the following attached Exhibits: Easement Deed (for street, sidewalk, and other right-of-way purposes) with legal description and plat map attached, and Certificate of Acceptance, which shall be in the form of Exhibit 1 attached hereto and incorporated by reference herein (the "Easement Deed"); and ii. Temporary Construction Easement (for construction purposes) with legal description and plat map attached, and Certificate of Acceptance, which shall be in the form of Exhibit 2 attached hereto and incorporated by reference herein (the "Temporary Construction Easement"); and WHEREAS, Seller desires to sell to Buyer the above described real property interests; and WHEREAS, Buyer has established an amount believed to be just compensation for such property interests and has advised Seller of the basis for its determination of just compensation; and WHEREAS, Seller has accepted Buyer's offer as fair and just compensation for such property interests and acknowledges such compensation is no less than fair market value; and WHEREAS, Seller acknowledges and agrees that Buyer only intends to proceed with this acquisition of Seller's Property and the Project if Buyer is able to simultaneously acquire those portions of Assessor Parcel Numbers 445-132-11 and 445-132-18 necessary to complete the Project; and WHEREAS, the Easement Deed and the Temporary Construction Easement conveying such property interests have been executed and delivered to Orange Coast Title Company, which has agreed to act as Escrow Agent pursuant to this Agreement for the benefit of both Buyer and Seller. NOW, THEREFORE, FOR GOOD AND VALUABLE CONSIDERATION, THE RECEIPT AND LEGAL SUFFICIENCY OF WHICH IS HEREBY ACKNOWLEDGED, THE FOREGOING RECITALS ARE HEREBY INCORPORATED IN THIS AGREEMENT BY REFERENCE AND IT IS MUTUALLY FURTHER AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: 2•A(K 1. AGREEMENT TO SELLAND PURCHASE. Seller agrees to sell to Buyer, and Buyer agrees to purchase from Seller, upon the terms and for the consideration set forth in this Agreement (hereinafter called "Agreement "), all that certain real property and easements (hereinafter collectively "Property ") situated in the City of Irvine, County of Orange, State of California, and legally described as follows: SEE EXHIBIT 1 AND EXHIBIT 2ATTACHED HERETO AND BY THIS REFERENCE MADE APART HEREOF 2. PURCHASE PRICE. The total purchase price of the Property, which includes the value of the land and improvements thereon and compensation for the Temporary Construction Easement described in Section 3.2, payable in cash through escrow, shall be the sum of One Hundred Thirty -Eight Thousand and Six Hundred Dollars ($138,600.00) (the "Purchase Price-). 3. CONVEYANCE OF TITLE. 3.1. Seller agrees to convey to Buyer at the close of escrow hereunder by the Easement Deed in the form of Exhibit 1, certain real property interests to the real property described therein, free and clear of all recorded liens, encumbrances, assessments, easements, leases, and taxes EXCEPT: a. Non -delinquent real property taxes and assessments for the fiscal year in which this transaction closes which shall be cleared and paid by Buyer in the manner required by Sections 4986 and 5082.1 of the Revenue and Taxation Code, if unpaid at the close of this transaction. Buyer and Seller agree that any real property taxes and assessments for the Property for the fiscal year in which this transaction closes shall be prorated between Buyer and Seller as of the date of close of escrow hereunder pursuant to a written proration statement provided to Escrow Agent and approved by Buyer and Seller in writing. In addition, Buyer and Seller further agree regarding real property taxes and assessments with respect to the Property as follows: Any unpaid real property taxes and assessments attributable to the period prior to the close of escrow hereunder shall be paid by Seller as and when due, and any refund of such real property taxes and assessments attributable to the period prior to the close of escrow hereunder that have been paid by Seller, if any, shall be refunded to Seller. In addition, any non - delinquent real property taxes and assessments attributable to the period on and after the close of escrow hereunder shall be cleared and paid by Buyer in the manner required by Sections 4986 and 5082.1 of the Revenue and Taxation Code as provided above; provided however, that any refund of such real property taxes and assessments attributable to the period on or after the close of escrow hereunder that have been paid by Seller, if any, shall be refunded to Seller, any refund of such real property taxes and assessments attributable to the period on or after the close of escrow hereunder that have been paid by Buyer, if any, shall be refunded to Buyer. b. Quasi - public utility, public alley, public street easements, and rights of way of record (except rights in any such items conveyed under this Agreement). c. ALL of the items shown as exceptions to title in the above referenced preliminary title report issued by Orange Coast Title Company dated March 1, 2012, a copy of which is attached hereto as Exhibit 3 and incorporated by reference herein (the "Preliminary Report"). 3.2. Seller further agrees to convey to Buyer at the close of escrow hereunder by the Temporary Construction Easement in the form of Exhibit 2, certain real property /NA,A interests in, on, over and above the portion of the Seller's Property depicted on the attached Exhibit 2 and incorporated herein by this reference. 4. TITLE INSURANCE POLICY. Escrow Agent shall, following the recording of the Easement Deed attached hereto as Exhibit 1 and the Temporary Construction Easement attached hereto as Exhibit 2, provide the Buyer with a CLTA Standard Coverage Policy of Title Insurance in the amount of $138,600.00 issued by Orange Coast Title Company showing the title to the real property identified in Exhibit 1 vested in Buyer, subject only to the exceptions set forth in Section 3.1 of this Agreement and the printed exceptions and stipulations in such policy. Buyer agrees to pay the premium charged for such policy. 5. ESCROW. Buyer and Seller agree to open an escrow in accordance with this Agreement with Orange Coast Title Company ( "Escrow Agent "). Buyer and Seller acknowledge and agree that Buyer will also be entering into separate escrows pursuant to the separate agreements between (a) Buyer and Bates Johnson Building, Ltd, a California Limited Partnership, (b) Buyer and CIP Centerpointe 1236 LLC, a Delaware limited liability company, and (c) Buyer and Centerpointe Owners Association, a California corporation, for the acquisition of all of the other property necessary to complete the Project and these separate escrows will also be entered into with Escrow Agent. This Agreement constitutes the joint escrow instructions of Buyer and Seller to the Escrow Agent, and Escrow Agent is hereby authorized and instructed to act under this Agreement. The parties acknowledge and agree that the escrow under this Agreement shall close concurrently with the escrows under each of the other agreements mentioned above, so that the Buyer is able to acquire all the property set forth in this Agreement and in the other agreements mentioned above that is necessary to complete the Project. The parties acknowledge and agree that the escrow under this Agreement shall not close if Buyer is unable to acquire those portions of Assessor Parcel Numbers 445 -132 -11 and 445- 132 -18 necessary to complete the Project. If for any reason whatsoever the escrow under this Agreement is unable to close due to the foregoing, then neither Seller nor Buyer shall be in default hereunder. The parties hereto agree to perform all acts reasonably necessary to close this escrow in the shortest possible time; provided, however, that the escrow shall close not later than May 31, 2012, unless the parties mutually agree otherwise in writing. Seller shall execute and deliver the Easement Deed and the Temporary Construction Easement to Escrow Agent concurrently with execution and delivery of this Agreement by Buyer and Seller. After opening of escrow, Buyer will deposit the executed Certificate of Acceptance for each of the Easement Deed and the Temporary Construction Easement with Escrow Agent. Buyer agrees to deposit the Purchase Price upon demand of Escrow Agent on or before the close of escrow hereunder, togetherwith all other funds required from Buyer hereunder. Buyer and Seller agree to deposit with Escrow Agent any additional instruments as may be reasonably necessary to complete this transaction. All funds received in this escrow shall be deposited with other escrow funds in a general escrow account(s) and may be transferred to any other such escrow trust account in any State or National Bank doing business in the State of California. All disbursements shall be made by check from such account or by wire transfer pursuant to the written instructions of the party to whom or for whose benefit such disbursement is made. /2k 6. ESCROW AGENT IS AUTHORIZED TO, AND SHALL: Upon the close of escrow hereunder: a. Pay and charge Seller, but only upon Seller's priorwritten approval, for any amount necessary to place title in the condition necessary to satisfy Section 3 of this Agreement; b. Pay and deduct from the Purchase Price, any amount necessary to satisfy any delinquent real property taxes or assessments, together with penalties and interest thereon; provided, however, that any non - delinquent real property taxes and assessments shall be prorated and paid as provided in section 3.1.a of this Agreement; c. Pay and charge Buyer for all reasonable fees incurred in this transaction including payment of reconveyance fees and forwarding fees for partial or full reconvenances of deeds of trust or release or mortgage by Buyer, d. Pay and charge Buyer for any escrow fees, charges, and costs payable under Section 7 of this Agreement; and e. Disburse the funds comprising the Purchase Price to Seller, subject to any deduction(s) authorized by this Agreement, by wire transfer pursuant to Seller's written instructions and record the Easement Deed and the Temporary Construction Easement upon the close of escrow when the conditions of this escrow have been fulfilled by Buyer and Seller. In no event will the funds comprising the Purchase Price to be disbursed to Seller at the close of escrow be reduced except upon Sellers prior written approval of an estimated closing statement showing each specific item to be paid from Seller's funds with Seller's prior written approval. The term "close of escrow", if and where written in these instructions, shall mean the date the Easement Deed and the Temporary Construction Easement recorded in the Office of the County Recorder for the County of Orange, State of California, and the funds comprising the Purchase Price, subject to any deduction(s) authorized by this Agreement, have been disbursed to Seller by wire transfer pursuant to Seller's written instructions. Recordation of instruments delivered through this escrow is authorized if necessary or proper in the issuance of the policy of title insurance. All time limits within which any matter herein specified is to be performed may be extended by mutual agreement of the parties hereto. Any amendment of, or supplement to, any instructions must be in writing. TIME IS OF THE ESSENCE IN THESE INSTRUCTIONS AND ESCROW IS TO CLOSEAS SOON AS POSSIBLE; provided, however, that the escrow shall close not later than May 31, 2012, unless Buyer and Seller mutually agree otherwise in writing. 7. ESCROW FEES, CHARGES AND COSTS. Buyer agrees to pay all of Buyer's and Seller's and Escrow Agent's reasonable fees, charges, and costs which arise in this escrow. 8. FULLAND COMPLETE SETTLEMENT Seller hereby acknowledges that the compensation paid to Seller through this Agreement constitutes the full and complete settlement of any and all claims against Buyer, by reason of Buyers acquisition of the Property, specifically including, but not limited to, any and all damage to Sellers remainder property by reason of the acquisition of the Property or the installation of the improvement Project in the manner proposed, the value of improvements pertaining to the realty, leasehold improvements, any **44 K and all claims of rental or leasehold value and loss of business goodwill, any claim of Seller for relocation benefits or assistance, and any and all other claims that Seller may have, whether or not specifically mentioned here, relating directly or indirectly to the acquisition by Buyer of the Property. Seller and Buyer, and each and all of their individual collective agents representatives, attorneys, principals, predecessors, successors, assigns, administrators, executors, heirs, and beneficiaries, hereby release the other party, and each of them, from any and all obligations, liabilities, claims, costs, expenses, demands, debts, controversies, damages, causes of action, including without limitations those relating tojust compensation, damages, which any of them now have, or might hereafter have by reason of any matter or thing arising out or in any way relating to Buyer's acquisition of the Property interests described herein. 9. CONSTRUCTION CONTRACTAND CURATIVE WORKAND OTHER CONSIDERATION. a. It is understood and agreed by and between the parties hereto in addition to the compensation shown in Section 2 hereinabove, the Buyer, its contractors or assigns, shall perform the following construction contract items at the time of the installation of the proposed Project: i. Installation of new trees along Jamboree Road in accordance with the Planting Plan (a copy of which is attached as Exhibit 4 to this Agreement), with the closest tree to the intersection of Jamboree Road and MacArthur Boulevard being approximately 120 feet from the intersection. b. It is agreed and confirmed by the parties hereto that notwithstanding other provisions in this Agreement, the right of possession and use of the subject Property by the Buyer, shall only commence on the date of the close of escrow hereunder and that the amounts referred to in Section 2 and Section 10 herein includes, but is not limited to, full payment for such possession and use, including damages to the subject Property, if any, from said date. c. All work done under this Agreement by Buyer shall conform to all applicable building, fire and sanitary laws, ordinances, and regulations relating to such work, and shall be done in a good and workmanlike manner, fully paid for and lien free, at Buyer's sole cost and expense. All structures, improvements or other facilities, when removed, and relocated, or reconstructed by the Buyer, shall be left in as good condition as found. d. Buyer agrees to indemnify and hold harmless Seller from any liability arising out of Buyer operations under this Agreement. Buyer further agrees to assume responsibility for any damages proximately caused by reason of Buyer operations under this Agreement and Buyer will, at its option, either repair or pay for such damage. 10. PERMISSION TO ENTER ON PREMISES. It is understood and agreed that for Project planning and funding purposes the Seller hereby grants to Buyer and authorized agents or contractors, from and after the close of escrow hereunder, the right of possession and use of the area described in Exhibit 1 and Exhibit 2 attached hereto to perform the work described in Section 9.a. However, said right of possession and use shall not be exercised prior to the Buyer, or Buyer's agent, providing Seller with a 48 -hour prior written notice to perform the construction items listed in Section 9.a above. The right to use the Property shall continue in effect for a period of three (3) months. Said use shall begin from the date, after the close of escrow hereunder, that Buyer, or Buyer's agent, provides Seller with a 48 -hour prior written notice. All efforts shall be made to >,*# . complete the described work within such three (3) month period of time; provided, however, that extraordinary circumstances may occur which may require additional time to complete the work (i.e. rain, labor dispute, shortage of materials). It is agreed that should the actual use extend beyond the three (3) month time period delineated above, and the occurrence is verified through the contractor or City inspection logs, the Buyer agrees to pay to Seller for such additional use of the Property beyond the three (3) months time period at the rate of $43.11 per calendar day, for each additional day until the actual date of Buyer's termination of use. It is further understood that in no event shall the Buyer's use of the Property extend beyond the earlier of either (i) the termination of the Temporary Construction Easement in accordance with its terms, or (ii) the date construction of the Project is completed. 11. RENTAL AND LEASEHOLD INTEREST. Seller warrants that Seller has no knowledge of any third parties in possession of any portion of the Property as lessees, tenants at sufferance, trespassers, or invitees, and that there are no oral or written recorded or unrecorded leases or other agreements concerning all or any portion of the Property exceeding a period of one month. Seller further agrees to hold Buyer harmless and reimburse Buyer for any and all of its losses and expenses occasioned by reason of any lease of any portion of the Property held by any tenant of Seller for a period exceeding one month. 12. WARRANTIES, REPRESENTATIONS, AND COVENANTS OF SELLER. Seller hereby warrants, represents, and /or covenants to Buyer that: a. To Seller's actual knowledge, there are no actions, suits, material claims, legal proceedings, or any other proceedings affecting the Property or any portion thereof, at law, or in equity before any court or governmental agency, domestic or foreign. b. Other than as listed in the Preliminary Report, to the best of Seller's knowledge, there are no encroachments onto the Property by improvements on any adjoining property, nor do any buildings or improvements encroach on other properties. c. Until the closing of the escrow hereunder, Seller shall not do anything which would impair Sellers title to any of the Property. d. Subject to the satisfaction of the conditions set forth in Section 5 above, to the Seller's actual knowledge, neither the execution of this Agreement nor the performance of the obligations herein will conflict with, or breach any of the provisions of any bond, note, evidence of indebtedness, contract, lease, or other agreement or instrument to which the Property may be bound. e. Until the closing, Seller shall, upon learning of any fact or condition which would cause any of the warranties and representations this Section 12 not to be true as of closing, immediately give written notice of such fact or condition to Buyer. 13. HAZARDOUS WASTE. Seller does not have actual knowledge of, or reasonable cause to believe that, there exists any release of hazardous substances, as defined in California Health and Safety Code section 25316, on the Property that would require notice from Seller to Buyer pursuant to California Health and Safety Code Section 25359.7. 14. COUNTERPARTS. This Agreement may be executed in counterparts, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original, and all such counterparts together shall constitute one and the same instrument. Xytr Ao 15. CONTINGENCY. It is understood and agreed between the parties hereto that the completion of this transaction, and the escrow created hereby, is contingent upon the specific acceptance and approval of the Buyer herein. The execution of these documents and the delivery of same to Escrow Agent constitute such acceptance and approval. 16. NO BROKERS. Buyer and Seller each represents to the other that no brokers have been involved in this transaction. Buyer and Seller agree to indemnify one another against any claim, suits, damages and costs incurred or resulting from the claims of any person for any fee or remuneration due in connection with this transaction pursuant to a written agreement made with said claimant. 17. JURISDICTION AND VENUE. This Agreement shall be governed by and constructed in accordance with the laws of the State of California. The parties consent to thejurisdiction of the California Courts with venue in Orange County. 18. ASSIGNMENT. The terms and conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns and successors of the parties hereto. Buyer may freely assign any or all if its interests or rights under this Agreement or under the Escrow without the consent of Seller provided, however, that such assignment shall not release Buyer from its obligations hereunder. 19. COOPERATION. Each party agrees to cooperate with the other in the closing of this transaction and, in that regard, to sign any and all documents which may be reasonably necessary, helpful, or appropriate to carry out the purposes and intent of this Agreement including, but not limited to, releases or additional agreements. 20. ENTIRE AGREEMENT, WAIVER AND MODIFICATION. This Agreement is the entire Agreement between the parties with respect to the subject matter of this Agreement. It supersedes all prior agreements and understandings, whether oral or written, between the parties with respect to the matters contained in this Agreement. Any waiver, modification, consent or acquiescence with respect to any provision of thisAgreement shall be setforth in writing and duly executed by or on behalf of the party to be bound thereby. No waiver by any party of any breach hereunder shall be deemed a waiver of any other or subsequent breach. [The remainder of this page intentionally left blank] yn Iv�ln IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year set forth hereinabove. SELLER: Mailing address of Seller: First California Bank, a California banking corporation 3027 Townsgate Road, Suite 300 Westlake Village, CA 91361 By: Name: tbmgyz R. 5 Title: By: Name: Title: BUYER: Mailing Address of Buyer: The City of Newport Beach, a Municipal Corporation PO Box 1768 _ Newport Beach, CA 92658-8915 By: Nancy Gardh# Mayor APPROVED AS TO FORM: City Attorney's Office ATTEST TO: ,fir-� )7y By: -42 y; Aar .Harp, d it i town,�1'lerk o� City Attorney u Mailing Address of Escrow Agent: CONSENT OF ESCROW AGENT- U1 GENT U1 n a i I e By its signature hereto, the undersigned ® I o Escrow Agent agrees with each of Buyer and C Seller to act in accordance with all of the terms and conditions of the foregoing Agreement that are applicable to the Escrow Agent. ESCROW AGENT: ORANGE COAST TITLE COMPANY By: Name. Irene Genders Title: AVP .9k *X EXHIBIT 1 EASEMENT DEED WITH LEGAL DESCRIPTIONS AND PLAT MAP A4x RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: The City of Newport Beach PO Box 1768 Newport Beach, CA 92658 -8915 Attention: City Clerk Exempt from Recording Fee Exempt from Documentary Transfer Tax Pursuant to Government Code Section 6103 Pursuant to R&T Code § 11922 (Space above this line for Recorder's use) EASEMENT DEED Orange County Assessor's Parcel Number. 445- 132 -09 (Portion) FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, First California Bank, a California Banking corporation HEREBY GRANTS TO THE CITY OF NEWPORT BEACH, a Municipal Corporation an easement for public STREET AND UTILITY purposes and all other uses appurtenant thereto in, on, over, under, and through the real property in the City of Irvine, County of Orange, State of California described on Exhibit "A" and shown on Exhibit "B ", which exhibits are attached hereto and by reference made a part hereof (the "Property"). SUBJECT TO: 1. General and special taxes and assessments for the current fiscal tax year; and 2. All covenants, conditions, restrictions, reservations, rights, rights -of -way and easements recorded against the Property, and all other matters of record. [Continued on next page.] IN WITNESS WHEREOF, the Grantor hereto has caused this Easement Deed to be executed as of this day of 2012. First California Bank, a California banking corporation By: _ Name: By: Name: Title: 2AA* ACKNOWLEDGMENT State of California County of Orange On , before me, (insert name and title of the officer) (Votary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Seal) ynAHea� EXHIBIT 'A' RIGHT -OF -WAY ACQUISITION LEGAL DESCRIPTION THAT PORTION PARCEL 3 AS SHOWN ON PARCEL MAP RECORDED IN BOOK 107, PAGES 10 THROUGH 11 INCLUSIVE OF PARCEL MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTERLINE INTERSECTION' OF JAMBOREE BOULEVARD AND MACARTHUR BOULEVARD AS SHOWN ON SAID PARCEL MAP; THENCE ALONG THE CENTERLINE OF JAMBOREE BOULEVARD NORTH 40 °38'23" EAST, 220.09 FEET; THENCE LEAVING SAID CENTERLINE OF JAMBOREE BOULEVARD SOUTH 49 °21'37" EAST, 60.01) FEET TO THE MOST NORTHERLY CORNER OF SAID PARCEL 3, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; THENCE ALONG THE NORTHEASTERLY LINE OF SAID PARCEL 3 SOUTH 49 °21'37" EAST, 14.00 FEET TO THE BEGINNING OF A LINE THAT IS PARALLEL WITH AND 74.00 FEET SOUTHEASTERLY OF SAID CENTERLINE OF JAMBOREE BOULEVARD; THENCE LEAVING SAID NORTHEASTERLY LINE ALONG SAID PARALLEL LINE SOUTH 40 "36'23" WEST, 160.86 FEET; THENCE LEAVING SAID PARALLEL LINE SOUTH 16 °50'46" WEST, 6.20 FEET; THENCE SOUTH 40 038'23" WEST, 4.00 FEET; THENCE SOUTH 5r20'20" WEST, 5.22 FEET TO THE BEGINNING OF A NON TANGENT CURVE CONCAVE SOUTHERLY WITH A RADIUS OF 29.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 49 °21'37" WEST; THENCE SOUTHWESTERLY ALONG SAID NON TANGENT CURVE THROUGH A CENTRAL ANGLE OF 09 047'36" AN ARC LENGTH OF 4.96 FEET TO A POINT ON THE EASTERLY LINE OF LAND DESCRIBED IN GRANT OF EASEMENT FOR PUBLIC STREET AND UTILITY PURPOSES RECORD MARCH 28, 2003 AS INSTRUMENT NO. 2003000342572 OFFICIAL RECORDS OF SAID ORANGE COUNTY; THENCE ALONG THE EASTERLY LINE OF SAID GRANT OF EASEMENT NORTH 05 045'28" WEST, 12.26 FEET TO AN ANGLE POINT THEREIN; THENCE CONTINUING ALONG SAID EASTERLY LINE NORTH 16 °49'05" WEST, 16.20 FEET TO A POINT ON THE NORTHWESTERLY LINE OF SAID PARCEL 3; THENCE ALONG SAID NORTHWESTERLY LINE NORTH 40 038'23" EAST, 157.19 FEET TO THE TRUE POINT OF BEGINNING; CONTAINS AN AREA OF 2,417 SQUARE FEET, MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT'S' ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. VALD 128 PAGE 1 OF 2�yl,, EXHIBIT'A' RIGHT -OF -WAY ACQUISITION LEGAL DESCRIPTION SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS OF WAY AND EASEMENTS OF RECORD, IF ANY. THIS DESCRIPTION HAS BEEN PREPARED BY ME OR UNDER MY DIRECTION AND DATED THIS Z3`d DAY OF JUNE, 2011. LAND M *} EKp 69 30%12 ¢� J.O. AUSTINSON, L.S. 5394 9Tt OF �AUFp�``�\� LICENSE EXPIRES 09/30/12 VALD 128 PAGE 2 OF 2 >84A P.Oa � ss• 220.09' 50.00" r�l N40738'231- - S4921'37 "E i T.P.O.B. c°0 157.19' `t I 14 00" - �Y N40'38'23 "E 160.86' P.M.B. PARCEL 3 EASEMENT IN FAVOR N16 *49'05"E / OF CITY OF IRVINE FOR ROAD & UTILITY 12.26' PURPOSES PER INST. N05.4528 "W NO. 200300034257S O.R. RECORDED 03/28/03 A= 094736' R= 29.00' / L =4.96' / 0 S4921'37 "E 107/10 -11 PARCEL 2 157.19' N4038'23 "E ° 6.20' / S1650'46 "W 4.00' ^jP 540'38'23 "W JQp 5.22' S5720'20 "W DUAL D® U SCALE. 1 " =40' U' LEGEND: RIGHT OF WAY - - ,CENTER UNEOPARCEL LINE LEGAL DESCRIPTION. BOUNDARY LINE VA17 128 �1^ AREA =2,417 S.F. VA CONSULTIM NC �/�,[ p11q �p REY CN OAT"' L�a/�Y71P11 1�' PRO,L M. 3A.01.0500 Clia ENGINEERS DATE: 0O/20/11 1' =100' ,ArmaevEVOes LAND PLANNERS PLAT �ER TO ACCOMPANY LEGAL DESCRIPTION IN PROD DOR: J" 9{ 6400 OAK CAWC?4 SME 1RD E THE CITY OF IRVINE SURVEYOR: JOA VIN Y +J IRE. CA. 92618 COUNTY OF ORANGE. STATE OF CALIFORNIA ORAFIER. DRS A :q'A 14 Figure Name: VALD 128 North 2186684.97 East: 6071025.88 Course: S 16 -49 -05 W Distance: 16.20 North: 2186669.46 East: 6071021.20 Course: S 05 -45 -28 E Distance: 1226 North: 218665726 East: 6071022.43 Arc Length: 4.96 Radius: 29.00 Delta: 9 -47 -36 Tangent: 2.48 Chord: 4.95 Ch Course: N 35144 -34 E Course 1n: S 59 -09 -14 E Out: N 49 -21 -37 W Ctr North.- 2186642.39 East: 6071047.32 End North: 2186661.28 East: 6071025.32 Course: N 57 -20 -20 E Distance: 522 North: 2186664.10 East: 6071029.71 Course: N 40 -38 -23 E Distance: 4.00 North: 2186667.13 East: 6071032.32 Course: N 16 -5046 E Distance: 6.20 North: 2186673.06 East: 6071034.11 Course: N 40 -38 -23 E Distance: 160.86 North: 2186795.13 East: 6071138.88 Course: N 49 -21 -37 W Distance: 14.00 North: 2186804.25 East: 6071128.26 Course: S 40 -38 -23 W Distance: 157.19 North: 2186684.97 East: 6071025.88 Perimeter: 380.89 Area: 2416.64 0.06 acres Mathematical Closure - (Uses Survey Units) Error of Closure: 0.000 Course: S 90 -00 -00 E Precision 1: 380891856.07 1 OF 1 ^I AA H CERTIFICATE OF ACCEPTANCE This CERTIFICATE OF ACCEPTANCE is to certify that the interest in real property conveyed by the Easement Deed dated from First California Bank, a California banking c rporation t the City of Newport Beach, a municipal corporation is hereby accepted on ril 2012, by the undersigned officer on behalf of the City of Newport Beach pdrsuant to authority conferred by Resolution No. 92 -82 of the City Council adopted on July 27, 1992. The City consents to the recordation of said document in the Officer of the Recorder of Orange County, State of California. APPROVED AS TO FORM: City Attorne e By: OM 7 Aaro f;. Harp City Attorney ATTEST: , )WV7y G-TY Y: L l (. Brown City lerk C� �`i �'� 6 � aE o F Ra O � u i c�OFO aN�� CITY OF NEWPORT BEACH A Municipal CorpoWion Mayor AMM EXHIBIT 2 TEMPORARY CONSTRUCTION EASEMENT WITH LEGAL DESCRIPTION AND PLAT MAP Arm^ REQUESTED BY AND WHEN RECORDED MAIL TO: The City of Newport Beach PO Box 1768 Newport Beach, CA Attention: City Clerk 92658 Exempt from Recording Fee Exempt from Documentary Transfer Tax Pursuant to Government Code Section 6103 Pursuant to R&T Code § 11922 (Space above this line for Recorder's use) Orange County Assessors Parcel Number: 445- 132 -09 FULL( ] PORTION [X ] TEMPORARY CONSTRUCTION EASEMENT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, First California Bank, a California banking corporation HEREBY GRAW 0 S TO THE CITY OF NEWPORT BEACH, a Municipal Corporation A temporary easement for construction purposes in, on, over, under, and through the real property in the City of Irvine, County of Orange, State of California described on Exhibit "A" and shown on Exhibit "B ", which exhibits are attached hereto and by reference made a part hereof (the "Property"). SUBJECT TO all covenants, conditions, restrictions, reservations, rights, rights -0f - -way and easements recorded against the Property, and all other matters of record. [Continued on next page.] 7"AK This Temporary Construction Easement shall terminate upon the filing of a Notice of Completion for the Jamboree Road Improvements — Bristol Street North to Fairchild Road Project, or within two (2) years of the date of this document shown below. IN WITNESS WHEREOF, the Grantor hereto has caused this Temporary Construction Easement to be executed as of this day of 2012. First California Bank, a California banking corporation By: Name: By: Name: Title: )«1* n ACKNOWLEDGMENT State of California County of Orange On , before me, (insert name and title of the officer) Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: (Seal) -,ANA EXHIBIT `A' TEMPORARY CONSTRUCTION EASEMENT LEGAL DESCRIPTION THAT PORTION PARCEL 3 AS SHOWN ON PARCEL MAP RECORDED IN BOOK 107, PAGES 10 THROUGH 11 INCLUSIVE OF PARCEL MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTERLINE INTERSECTION OF JAMBOREE BOULEVARD AND MACARTHUR BOULEVARD AS SHOWN ON SAID PARCEL MAP; THENCE ALONG THE CENTERLINE OF JAMBOREE BOULEVARD NORTH 40 °38'23" EAST, 220,09 FEET; THENCE LEAVING SAID CENTERLINE OF JAMBOREE BOULEVARD SOUTH 49 021'37" EAST, 60.00 FEET TO THE MOST NORTHERLY CORNER OF SAID PARCEL 3; THENCE ALONG THE NORTHEASTERLY LINE OF SAID PARCEL 3 SOUTH 49 021'37" EAST, 14.00 FEET TO THE BEGINNING OF A LINE THAT IS PARALLEL WITH AND 74.00 FEET SOUTHEASTERLY OF SAID CENTERLINE OF JAMBOREE BOULEVARD, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID NORTHEASTERLY LINE ALONG SAID PARALLEL LINE SOUTH 40 °38'23" WEST, 160.86 FEET; THENCE LEAVING SAID PARALLEL LINE SOUTH 16 °50'46° WEST, 6.20 FEET; THENCE SOUTH 40 °38'23" WEST, 4.00 FEET; THENCE SOUTH 57°20'20" WEST, 5.22 FEET TO THE BEGINNING OF A NON TANGENT CURVE CONCAVE SOUTHERLY WITH A RADIUS OF 29.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 49 "21'37" WEST; THENCE SOUTHWESTERLY ALONG SAID NON TANGENT CURVE THROUGH A CENTRAL ANGLE OF 09 °47'36" AN ARC LENGTH OF 4.96 FEET TO A POINT ON THE EASTERLY LINE OF LAND DESCRIBED IN GRANT OF EASEMENT FOR PUBLIC STREET AND UTILITY PURPOSES RECORD MARCH 28, 2003 AS INSTRUMENT NO. 2003000342572 OFFICIAL RECORDS OF SAID ORANGE COUNTY; THENCE ALONG THE EASTERLY LINE OF SAID GRANT OF EASEMENT SOUTH 05 045128" EAST, 41.80 FEET; THENCE LEAVING SAID EASTERLY LINE NORTH 84 "14'32" EAST, 7.50 FEET; THENCE NORTH 05 045'28" WEST, 12.06 FEET; THENCE NORTH 84 014'32° EAST, 17.00 FEET; THENCE NORTH 17 °26'27" EAST, 12.33 FEET; THENCE NORTH 40 038'23' EAST, 16.73 FEET; THENCE NORTH 49 021'37" WEST, 17.00 FEET; VALD 128 -01 msa M PAGE 1 OF 2 EXHIBIT `A' TEMPORARY CONSTRUCTION EASEMENT LEGAL DESCRIPTION THENCE NORTH 40 038'23° EAST, 155.18 FEET TO A POINT ON THE EAST LINE OF SAID PARCEL 3; THENCE ALONG LAST SAID EAST LINE NORTH 49 °21'37° WEST, 14.00 FEET TO THE TRUE POINT OF BEGINNING; CONTAINS AN AREA OF 4,169 SQUARE FEET, MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT 'B' ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS OF WAY AND EASEMENTS OF RECORD, IF ANY. THIS DES5RIPTION HAS BEEN PREPARED BY ME OR UNDER MY DIRECTION AND DATED THIS Z3' DAY OF JUNE, 2011. LAND p. AU, � '41N o. . 09.30/12 {t P J.O. AUSTINSO L.S. 5394 9 OF CAI LICENSE EXPIRES 09/30112 VALD 128 -01 7 J&K PAGE 2 OF 2 ' P.O.@ 220.09' _ N4038'23 "EE 7) 160.86" �I \ WTAL W / F o /O SN 7 j / v / EASEMENT IN FAVOR o= 09.47361 / OF CITY OF IRVINE FOR R= 29.00' ROAD & UTILITY L =4.96' PURPOSES PER INST. NO. 2003000342572 O.R. RECORDED 03/28/03 / I 1'2 "E / /�\ —�/ 155.18' LEGEND: RIGHT OF WAY CENTER LINE PARCEL LINE LEGAL DESCRIPTION BOUNDARY LINE N8414'32 "E 12.06' N05'45'28 "W VA CONSUTNG INC CIVIL ENGINEERS LAND RRVEY= LAND PLANNERS 6400 OAK CANYON, SLOIE ST 00 474-0400 IRVINE, CA 92613 s / MAROPIEE BLVD _ 60.00' S49 21'37 "E 14.00' S4921'37 "E 'po.3. 14.00' N49'21 '37 "W i1 o -11 PARCEL 2 4.00' S4038 23 "W 6.20' S16'50'46 "W TEMP. CONST. EASEMENT EXHBIT 'B' PLAT TO ACCOMPANY LEGAL DESCRIPTION IN THE CITY OF IRVINE COUNTY OF ORANGE, STATE OF CALIFORNIA VALD 128 -01 AREA =4,169 S.F. REVISION DATE 17.00' P NO: 07501.0500 N49 21'37 "W DATE 06/70/11 16.73' 12.33' N403823 "E N172627" LAND S( 17.00' "E o: �,o. Ausr N84'14'32 ��� wall �i IJ� SZOA. EXHBIT 'B' PLAT TO ACCOMPANY LEGAL DESCRIPTION IN THE CITY OF IRVINE COUNTY OF ORANGE, STATE OF CALIFORNIA VALD 128 -01 AREA =4,169 S.F. REVISION DATE P NO: 07501.0500 DATE 06/70/11 I' -1GD' PRa NOR: .ttYW SHI= SURVEYOR: IDA DRAFTER ORB 9 Figure Name: VALD 128 -1 North: 2186673.06 East: 6071034.11 Course: S 16 -50-46 W Distance: 6.20 North: 2186667.13 East: 6071032.32 Course: S 40 -38 -23 W Distance: 4.00 North: 2186664.10 East: 6071029.71 Course: S 57 -20 -20 W Distance: 5.22 North: 2186661.28 East: 6071025.32 Arc Length: 4.96 Radius: 29.00 Delta: 9 -47 -36 Tangent 2.48 Chord: 4.95 Ch Course: S 35 -44 -34 W Course In: S 49 -21 -37 E Out: N 59 -09 -14 W Ctr North: 2186642.39 East: 6071047.32 End North: 2186657.26 East: 6071022.43 Course: S 05 -45 -28 E Distance: 41.80 North: 2186615.67 East: 6071026.62 Course: N 84 -14 -32 E Distance: 7.50 North: 2186616.42 East: 6071034.08 Course: N 0545 -28 W Distance: 12.06 North: 2186628.42 East; 6071032.87 Course: N 84 -14 -32 E Distance: 17.00 North: 2186630.13 East: 6071049.79 Course: N 17 -26 -27 E Distance: 12.33 North: 2186641.89 East: 6071053.48 Course: N 40 -38 -23 E Distance: 16.73 North: 2186654.58 East: 6071064.38 Course: N 49 -21 -37 W Distance: 17.00 North: 2186665.65 East: 6071051.48 Course: N 40 -38 -23 E' Distance: 155.18 North: 2186783.41 East: 6071152.54 Course: N 49 -21 -37 W Distance: 18.00 North: 2186795.13 East: 6071138.88 Course: S 40-38-23V,7 Distance_ 160.86 North: 2186673.06 East: 6071034.11 Perimeter: 478.84 Area: 4168.96 0.10 acres Mathematical Closure - (Uses Survey Units) Error of Closure: 0.000 Course: S 90 -00 -00 E Precision 1: 478835526.91 1 OF 1 MAX, CERTIFICATE OF ACCEPTANCE This CERTIFICATE OF ACCEPTANCE is to certify that the interest in real property conveyed by the Temporary Construction Easement dated from First California Bank, a California banking corporation to the City of Newport Beach, a municipal corporation is hereby accepted on 2012, by the undersigned officer on behalf of the City of Newport Beach p rsuant to authority conferred by Resolution No. 92- 82 of the City Council adopted on July 27, 1992. The City consents to the recordation of said document in the Officer of the Recorder of Orange County, State of California. APPROVED AS TO FORM: City Att orney' Office By /Lv Harp City ATTEST: � ! i 7_ CITY OF NEWPORT BEACH, A Municipal Corporation By. Nancy Gardne Mayor YPM^ EXHIBIT 3 COPY OF PRELIMINARY TITLE REPORT Ya A+w VA Consulting 17801 Cartwright Road Irvine, CA 92614 Attention: BUTCH Your Reference No.: APN 445- 132 -009 Property address: 19752 MacArthur Boulevard Irvine, CA 92660 Dated: MARCH 1, 2012 Order No. 1029787 -32 ORANGE COAST TITLE COMPANY Builder Services /Commercial Division 3536 Concours Drive #120 Ontario, CA 91764 In response to the above referenced application for a policy of title insurance, Orange Coast Title Builder Services hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a policy or policies of title insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, Gen or encumbrance not shown or referred to as an exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said policy forms. The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Exhibit B attached. The policy to be issued may contain an arbitration clause. VVhen the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title brsurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Exhibit B. Copies of the policy forms should be read. They are available from the office which issued this report Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit B of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters, which are not covered under the terms of the title insurdncee policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a binder or commitment should be requested. Dated as of IFEBRUARY 20, 2012 at 7:30 A.M. Manuel Villalobos Title Officer Phone # 909- 987 -5433 Fax # 909 - 297 -2547 mannyv@octitle.com The form of Policy of Title Insurance contemplated by this report is: A.L.T.A. HOMEOWNER'S POLICY (01/01/08) .7u PIA Order No. 1029787 -32 SCBEDULE "A" The estate or interest in the land hereinafter described or referred to covered by this report is: A fee Title to said estate or interest at the date hereof is vested in: South Coast Thrift & Loan Association, a California Corporation The land referred to in this report is situated in the County of Orange, State of California, and is described as follows: Parcel A: Parcel 3, as shown on a map filed in book 107, pages 10 and 11 of Parcel Maps, in the office of the County recorder of Orange County, California. Parcel B Non - exclusive easements and rights of entry, as set forth in that certain Declaration of Covenants, Conditions and Restrictions and Reservation of Easements for centerpointe recorded December 13, 1977 in book 12490, page 1134 of Official Records of Orange County, California, within the boundaries of the teal property situated in Orange County, State of California, more particularly described as Parcels 1, 2 and 4 through 7, inclusive, as shown on a map filed in book 107, pages 10 and 11 of Parcel Maps, in the office of the County recorder of Orange County, California. Order No. 1029787 -32 SCHEDULE "B" At the date hereof exception to coverage in addition to the printed exceptions and exclusion contained in said policy form would be as follows: General And Special Taxes For The Fiscal Year 2012 -2013, Including Any Assessments Collected With Taxes. Lien Not Yet Payable. Second Installment General And Special Taxes For The Fiscal Year 2011 -2012, Including Any Assessments Collected With Taxes. IstInstallment 523,198.63 PAID 2nd Installment $23,198.63 OPEN Penalty $2,342.86 (AFTER 4-10) Code Area 26 -037 Parcel No. 445- 132 -09 Exemption s0 The property covered herein lies within the boundaries of City of Irvine Lighting Maintenance District, as disclosed by an Assessment District Map filed in book 21, page 16 of Assessment Maps, recorded June 25, 1982 as Instrument No. 82- 219047 of Official Records. And as disclosed by an Assessment District Map filed in book 21, page 4I of Assessment Maps, recorded June 25, 1982 as Instrument No. 82- 219048 of Official Records. And as disclosed by an Assessment District Map filed in book 23, page I of Assessment Maps, recorded August 22, 1983 as Instrument No. 83- 366185 of Official Records And as disclosed by an Assessment District Map filed in book 27, page 50 of Assessment Maps, recorded July 8, 1986 as Instrument No. 86- 290745 of Official Records And as disclosed by an Assessment District Map filed in book 31, page 1 of Assessment Maps, recorded July 8, 1986 as instrument No. 86-291925 of Official Records And as disclosed by an Assessment District Map filed in book 37, page 16 of Assessment Maps, recorded August 6, 1987 as Instrument No. 87-448556 of Official Records. And as disclosed by an Assessment District Map filed in book 41, page 30 of Assessment Maps, recorded July 7, 1988 as Instrument No. 88- 325690 of Official Records And as disclosed by an Assessment District Map filed in book 48, page 1 of Assessment Maps, recorded July 25, 1989 as Instrument No. 89- 392635 And as disclosed by an Assessment District Map filed in book 53, page 1 of Assessment Maps, recorded July 26, 1990 as Instrument No. 90- 392576 of Official Records And as disclosed by an Assessment District Map filed in book 57, page 25 of Assessment Maps, recorded July 24, 1991 as Instrument No. 91- 387792 of Official Records And as disclosed by an Assessment District Map filed in book 58, page 33 of Assessment Maps, recorded June 24, 1992 as Instrument No. 92- 424907 of Official Records Lkceptlons Conthtued Order No. 1029787 -32 4 The property covered herein lies within the boundaries of Community Facilities District No. 1 of Irvine Ranch Water District, as disclosed by an Assessment District Map filed in book 32, page 37 of Assessment Maps, recorded December 2, 1986 as Instrument No. 86- 591422 of Official Records. And as disclosed by an Assessment District Map filed in book 33, page 31 of Assessment Maps, recorded January 29, 1987 as Instrument No. 87- 051901 of Official Records 5 The property covered herein lies within the boundaries of City of Irvine Landscape Maintenance District Nos. 8, 9, 10, 11, 12, 13, 14, I5, 16, 17, 18, 19, 20, 21, 22, 24, 25, 26, 33, 34, 35, 36 and 37, as disclosed by an assessment district map filed in book 38, page 1 of Assessment Maps, recorded August 6, 1987 as Instrument No. 87- 448557 of Official Records And as disclosed by an Assessment District Map filed in book 42, page 1 of Assessment Maps, recorded July 7, 1988 as Instrument No. 88- 325691 of Official Records. And as disclosed by an Assessment District Map filed in book 47, page 19 of Assessment Maps, recorded July 25, 1989 as Instrument No. 89-391811 of Official Records And as disclosed by an Assessment District Map filed in book 53, page 19 of Assessment Maps, recorded July 26, 1990 as Instrument No. 90- 392575 of Official Records And as disclosed by an Assessment District Map filed in book 57, page 1 of Assessment Maps, recorded July 24, 1991 as Instrument No. 91- 387793 of Official Records. And as disclosed by an Assessment District Map filed in book 59, page I of Assessment Maps, recorded June 24, 1992 as Instrument No. 92- 424906 of Official Records 6 The property covered herein lies within the boundaries of City of Irvine Community Park Facilities District No. 89 -1, as disclosed by an assessment district map filed in book 48, page 41 of Assessment Maps, recorded October 30, 1989 as Instrument No. 89581708 of Official Records 7 The lien of supplemental taxes, if any, assessed pursuant to the provisions of section 75, et seq. of the revenue and taxation code of the State of California. 8 An easement for purposes herein stated, and rights incidental thereto as provided in an instrument Recorded: July 25, 1940 in book 1047, page 557, Official Records For. highway purposes and incidental purposes In favor o£ State of California Affects: The location of said easement is set forth therein. The fact that the ownership of said land does not include any rights of ingress or egress to or from Mac Arthur Boulevard abutting said land, said rights having been relinquished upon the terms and conditions in the last above mentioned deed 9 The effect of a map purporting to show the herein described and other land recorded in book 64, page 12 of Record of Surveys. 10 A perpetual avigation easement in and through the air above the herein described and other land, as conveyed to the County of Orange by the Irvine Company, by deed recorded March 17, 1964 in book 6965 page 721, of Official Records, and the terms and conditions as set forth in said deed to which record. Reference is hereby made for all particulars Exceptions Conthaed yr. MA Order No. 1029787 -32 11 Covenants, conditions and restrictions in an instrument recorded in book 7385, page(s) 915, in book 8059, page(s) 79 and in book 8546, page(s) 799, Official Records, which provide that a violation thereof shall not defeat or render invalid the lien of any mortgage or Deed of Trust made in good faith and for value, but omitting any covenants or restrictions, if any, based upon race, color, religion, sex, handicap, familial status, or national origin unless and only to the extent that said covenant (a) is exempt under chapter 42, section 3604 of the United States code or (U) relates to handicap but does not discriminate against handicapped persons. "NOTE: section 12955 of the government code provide the following: if this document contains any restriction based on race, color, religion, sex, familial status, marital status, disability, national origin, or ancestry, that restriction violates state and federal fair housing laws and is void, and may be removed pursuant to Section 12955 of the government code. Lawful restriction under state and federal law on the age of occupants in senior housing for older persons shall not be construed as restriction based on familial status." 12 Covenants, conditions and restrictions in an instrument recorded in book 7529, page(s) 600, Official Records, which provide that a violation thereof shall not defeat or render invalid the lion of any mortgage or Deed of Trust made in good faith and for value, but omitting any covenants or restrictions, if any, based upon race, color, religion, sex, handicap, familial status, or national origin unless and only to the extent that said covenant (a) is exempt under chapter 42, section 3604 of the United States code or (b) relates to handicap but does not discriminate against handicapped persons. "NOTE: section 12955 of the government code provide the following: if this document contains any restriction based on race, color, religion, sex, familial status, marital status, disability, national origin, or ancestry, that restriction violates state and federal fair housing laws and is void, and may be removed pursuant to Section 12955 of the government code. Lawful restriction under state and federal law on the age of occupants in senior housing for older persons shell not be construed as restriction based on familial status." An instrument declaring a modification thereof was recorded in book 7946, page(s) 90 and as Instrument Nos. 89580884, 90- 009885, 90- 535152, 91 -026673, 91- 160564, 91- 245131 and 92 -064818 all ofOfHcial Records. 13 An easement for purposes herein stated, and rights incidental thereto as provided in an instrument Recorded: December 3, 1975 in book 11585, page(s) 681, Official Records For: 10 feet wide for wives, overhead and underground electrical supply systems, conduits, manholes, etc. and incidental purposes In favor of Southern California Edison Company and Pacific Telephone and Telegraph Company Affects: The location of said easement is set forth therein. 14 The fact that the owners of said Iand have no right of vehicular access to Jamboree Boulevard and MacArthur Boulevard except the public right to travel same, said rights having been relinquished by the dedication provisions on the map of said tract Said land, however, abuts on a public thoroughfare other than the one referred to above, over which rights of vehicular access have not been relinquished. 15 Covenants, conditions and restrictions in an instrument recorded in book 12490, page(s) 1134, Official Records, which provide that a violation thereof shall not defeat or render invalid the lien of any mortgage or Deed of Trust made in good faith and for value, but omitting any covenants or restrictions, if any, based upon race, color, religion, sex, handicap, familial status, or national origin unless and only to the extent that said covenant (a) is exempt under chapter 42, section 3604 of the United States code or (b) relates to handicap but does not discriminate against handicapped persons. "NOTE: section 12955 of the government code provide the following: if this document contains any restriction based on race, color, religion, sex, familial status, marital status, disability, national origin, or ancestry, that restriction violates state and federal fair housing laws and is void, and may be removed pursuant to Section 12955 of the government code. Lawful restriction under state and federal law on the age of occupants in senior housing for older persons shall not be construed as restriction based on familial status." Exceptions Conrbrued )R*A Order No. 1029787-32 16 An easement for purposes herein stated, and rights incidental thereto as provided in an instrument Recorded: in book 12621, page(s) 1322, Official Records For. either or both underground lines, conduits and incidental purposes Affects: The location of said easement is set forth therein. 17 An easement for purposes herein stated, and rights incidental thereto as provided in an instrument Recorded: in book 12621, page(s) 1325, Official Records For: either or both underground lines, conduits and incidental purposes In favor of Southern California Edison Company Affects: The location of said easement is set forth therein. 18 An easement for purposes herein stated, and rights incidental thereto as provided in an instrument Recorded: in book 12667, page(s) 947, Official Records For: water line and incidental purposes In favor of: The Irvine Ranch Water District Affects: The location of said easement is set forth therein. 19 A perpetual non - exclusive- easement and right of way for water line purposes over portions of said land and adjacent lands executed by Maclam Limited partnership, a California Limited Partnership to the Irvine Ranch Water District, a California Water District recorded February 13, 1979 in book 13033, page 918 of Official Records. 20 An easement for purposes herein stated, and rights incidental thereto as set forth in an instrument Recorded: February 15, 1979 in book 13036, page(s) 1149, Official Records. For: gas pipelines and incidental purposes Affects: The location of said easement is set forth therein. 21 An unrecorded Lease of said land upon the terms, covenants and provisions therein provided, a memorandum thereof being For: Recorded: November 26, 2001 as Instrument No. 20010838760, Official Records. Dated: November 13, 2001 Term: up to one (1) year later than date set forth and shall expire five (5) years thereafter Lessor: South Coast Commercial Bank, a California Corporation.flka South Coast Thrift & Loan Association, a California Corporation Lessee: Cingular Wireless LLC, a Delaware Limited Liability Company, on behalf of Pacific Bell Wireless, LLC, a Nevada Limited Liability Company, d/ba/ Cingular Wireless The present ownership of said Leasehold and other matters affecting the interest of the Lessee are not shown herein. 22 An easement for purposes herein stated, and rights incidental thereto as provided in an instrument Recorded: March 28, 2003 as Instrument No. 2003000342572, Official Records For: public utilities and incidental purposes In favor of. City of Irvine, a California municipal corporation Affects: The location of said easement is set forth therein. Txceprions Continued �li�m1M Order No. 1029787 -32 23 An instrument, upon the terms and conditions contained therein Entitled: Access Basement Agreement Dated: April 1, 2007 Executed by and between: Scholle Development SPB 1, LLC, a Delaware Limited Liability Company ( "Scholle"), Impac Center Owners Association, a California nonprofit mutual benefit corporation ( Scholle Association "), Centerpointe Owners Association, a California nonprofit mutual benefit corporation (" Centerpointe Association "), CIP Centerpointe 123 LLC, a Califomia limited liability company ( "CIP 123 ") and is expressly approved and consented to by CIP Centerpointe LLC, a California limited liability company ( "CIP'l, Centerpointe L.P., a Delaware Limited Partnership ( "Centerpointe L.P. "), Bates. Johnson Building, Ltd, a California Limited Partnership ('Bates, Johnson ") and First California Bank, a California Baniting Corporation ( "First California") Recorded: May 11, 2007 as Instrument No. 2007000308910, Official Records Reference is hereby made to the above document for full particulars. 24 Before issuing its policy of title insurance, this company will require evidence, satisfactory to the company, that South Coast Thrift & Loan Association, a California Corporation: (a) Is validly formed on the date when documents in this transaction are to be signed; and (b) Is in good standing and authorized to do business in the state or country where the corporation was formed. 25 Rights of parties in possession of said land by reason of unrecorded leases, if any. Please forward said leases for our examination. 26 Any facts, rights, interest or claims which may be shown by an inspection ofthe land or which may be disclosed by inquiry ofpersons in possession of said land. 27 A Cease Of Said Land Upon The Terms, Covenants And Provisions Therein Provided Recorded: January 21, 2011 As Instrument No. 2011- 37787, Official Records. Dated: December 15, 2010 Term: 5 Years From December 15, 2010 Lessor. First California Bank, As Successor In Interest To South Coast Commercial Bank Lessee: T -Mobile West Corporation, A Delaware Corporation End of Schedule B J' .*A Order No. 1029787 -32 "NOTES AND REOUIR]EMENTS SECTION" Note No. 1 California Revenue and Taxation Code Section 18662, effective January 1, 1994 and by amendment effective January 1, 2003, provides that the buyer in all sales of California Real Estate may be required to withhold 3 and 1/3% of the total sales price as California State Income Tax, subject to the various provisions of the Iaw as therein contained. NOTE No. 2 PAYOFF INFORMATION: Note: this company does require current beneficiary demands prior to closing. If the demand is expired and a correct demand cannot be obtained, our requirements will be as follows: A. If this company accepts a verbal update on the demand, we may hold an amount equal to one monthly mortgage payment. The amount of this hold will be over and above the verbal hold the lender may have stipulated. B. If this company cannot obtain a verbal update on the demand, will either pay off the expired demand or wait for the amended demand, at the discretion of the escrow. C. In the event that a payoff is being made to a servicing agent for the beneficiary, this company will require a complete copy of the servicing agreement prior to close. Note No. 3 If this company is requested to disburse funds in connection with this transaction, chapter 598, statutes of 1989 mandates hold periods for checks deposited to escrow or sub - escrow accounts. The mandatory hold is one business day after the day deposited. Other checks require a hold period from three to seven business days after the day deposited. Notice Regarding Your Deposit of Funds California Insurance Code Sections 12413 et. Seq. Regulates the disbursement of escrow and sub - escrow funds by title companies. The law requires that funds be deposited in the title company escrow and sub- escrow accounts and be available for withdrawal prior to disbursement. Funds deposited with the Company by wire transfer may be disbursed upon receipt Funds deposited with the Company via cashier's checks drawn on a California based bank may be disbursed the next business day after the day of deposit. If funds are deposited with by other methods, recording or disbursement may be delayed. All escrow and sub - escrow funds received by the Company will be deposited with other funds in one or more non - interest bearing escrow accounts of the Company in a financial institution selected by the Company. The Company and/or its parent company may receive certain direct or indirect benefits from the financial institution by reason of the deposit of such funds or the maintenance of such accounts with the financial institution, and the Company shall have no obligation to account to the depositing party in any manner for the value of, or to pay such party, any benefit received by the Company and/or its parent Company. Those benefits may include, without limitation, credits allowed by such financial institution on loans to the Company and/or its parent company and earnings on investments made on the proceeds of such loans, accounting, reporting and other services and products of such financial institution. Such benefits shall be deemed additional compensation of the Company for its services in connection with the escrow or sub- escrow. If funds are to be deposited with Orange Coast Title Builder Services by wire transfer, they should be wired to the following bank/account: Wiring Instructions for This Office: CITIZENS BUSINESS BANK 301 VANDERBILT WAY SAN BERNARDINO, CA 92408 ABA NO. 122234149 ACCT NO. 245121776 Credit to the account of Orange Coast Title Builder Services Reference Title Order No. 1029787 -32 and Manuel Villalobos, title officer /NM Order No. 1029787 -32 ORANGE COAST 7HTLE COMPANY Builder Services /Commercial Division 3536 Contours Drive #120 Ontario, CA 91764 Borrower: South Coast Thrift & Loan Association Lenders supplemental report The above numbered report (including any supplements or amendments thereto) is hereby modified and/or supplemented in order to reflect the following additional items relating to the issuance of an American Land Title Association loan policy form as follows: A. This report is preparatory to this issuance of an American Land Title Association loan policy of title insurance. This report discloses nothing, which would preclude the issuance of said American land title association loan policy of title insurance with endorsement no. 100 attached thereto. B. The improvements on said land are designated as: A Commercial Property 19752 MacArthur Boulevard, in the City of Wine, County of Orange, State of California. C. Our search of the public records revealed conveyances) affecting said land recorded within 24 months of the date of this report are as follows: None. %hk#124 Order No. 1029787 -32 Exhibit B (Revised 11 -17-06) CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY -1990 EXCLUSIONS FROM COVERAGE mm nee e minded In Ib pabllvicemde a DdvafpMq,bn=c aUinglbm camegaery e.• wbtch has mvanal prb*m DmafPdlgwhlcb a ahNiinWWlhVm M'vedNe hmvd A Dmvvf7cl(q. mdm 1wb10ry m @Wmvfmy wlmquml v ofUa Ivdcbccdreq mmvryiywhb ffe 7444uad. &%am adab Iha=(which crlm mddWeumvedlmevtl=md by the invurd mutp a mil =baud vpm wry =vq ammmvadlf pm4dm m Lbbmd Nva admenhmud by Wlrpoggm the ut=dlenwaftdn Imemmaftha Imbed Wda, by mtmefineepavdmaffdael PART I propmfmby WvfuMermordc Pa,.cdiWbyapbllvegmgwhleh mvy be aeaamd by paean b p.MSd*a fie=f. CLTA IiOMEOWNER'S POLICY OF TITLE INSURANCE (IOMM) ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE EXCLUSIONS m tddldm b W a Fiaplbm m 6dmme B. Yan ve ml lvmd agmnn ku, nmy mmvef! ReR evd np ®ecrMeg 6cec 1.mwsamal pegropewv,ed P.sadWtemmrbmtlmaftgl+wm mteegy4dm. 71vmauda avdlmam ;ttwt and- evleWmmnmdvg v,tal9vg.A=dvg clmtlmad. aaadgermmuaa We 1344 hi. dl atacd+enaapNpwtco) dcaa .than dm eatpplybW!N ®mWv mfmaeimafWaemm�nifnmim afdmeiv4denm mlGeamcppmnmUvpvmmBCmmc mrh PoOry Dan7ha ral'Yacaias god!tuas, ar yWafthb mgdfairt14. 14 14 11=14. 17be WlbaeefYaaevmdvg etrvTaq megpenafthevybba =ant=i b vevad.mewbheppWahm hb'Imrgmin 7hb F�bbvdm� vppty m nmlviWm dbuPdicg rada Vvm ®afNeWia4ttm eppeaem WaNWI liemrdWa theIhmy Darn ]. 7l04bmmk Wefand by amBSaH @ It. tNmxla vppmmN: Wblc�atEeiblcf Dagmblhntdd^8 vmiRdbefimlhe Fmlq aemmeiahbdmgm Ym 37'm b=gbl We Wd wbham Rmawed Rmrehm. 4. R� n tffi maacm4 m kn mvgad m 6y Ym,wLylammr vhy vppmb the Pvbec I gn6: g bfba me dmvnm Ym a aci llilry Da4 bal21. b Ua mlm thay tppt =b Wn PaMcAcameml4e PoRcyDatt aDaf tmdl b m ban Ym5 md.lhat bataaavtb Ihafbvq Ova -1h4 dmcm rmN tlm mvatgedavWw) b=rad At37, B.QT{]], 1Am1f. S. Fagwa b pry n}uv mr Yam 7me G lankefac(gAtn m mrylmd oaddc Wnarm tpeaCmlly daaNd and erihnvd bbymyvph 7 dg�1a k vd h b vataa elleya maruawyr tba taahlAeland.7b'a Faxhmmedavangmu tle C�a mBRmk15. e4vued mid: —% favead Dbkddt _% iagabdavA (6.1 -" EXCLUSIONS •m my Yaticy Daa 9lm mbng bnppamd wmrm We POSry 7733 mebmo8ng myav try= e –vatvm fbq ey,ardb We pi811c remit 4tr ¢rt=Ifbmteamym •Nnfba eats yma 6.733 are riya:'mvnYlmd mddvWo arm epadllalry LemaNd em mhndbmltm ]dSchrEulvADR =waft e!�mwdeeaayt WatadfYVmlvuL ihb aadudmdamvn Rmb Net=s mepaga la Ilea f dCarad lif4Hle4 ALTA LOAN POLICY (10- 17 -92) WITH ALTA ENDORSEMENT -FORM I COVERAGE EXCLUSIONS FROM COVERAGE but ft @J We dam. wata Fm;m(M m e w41mdW dam, Ilrna mmmhrmcemmttvg fiam a �mmlbnmdlrgd vbledvm vDhalry] Wemcd hntbmn itmdrd to tiapubtbmmdim bmn t®dad b Ihep3llcmmdt mDmedYdlq,bm vin esaLdmg Oam evwegernYalmgwhich mtaaaurd pdmm Dae dPallry w5kh wmtl ml Mmbaaaaand m bind mmtprgebmum alNa Imbllhym WPvm vlfhe bpvd m Dmadpehry, mtbebNgbymWllwm dmy wmapven mymdWa4debdwam®pry wIW Ibeaambwhf3 Wa and m tlm4d. fWs Omaffietnamd mangaDy maeMChmmS wlNh dmcmafWvbmmulmwld ®dby dm tnmedremtpge md4bvvdeWmumymuq mmvoaord4 �amlenm mbmm maa1W( WeA dam dmlmby aeq CWamy lim fmwvioq Mar m amlNdt maim Um of lead MMI&W) "Wall fimv ®hmparmemmwmk rdwb tl ebvaamd adnmurmb Daeaflbl4y eM 4 mGvmvd mwm!amb pat bypmcmdW OfWenl.>w.w.... mctmeiy Wv lan=d mm��wAitll m Dvm dPmgq tha dbvI dmmttnial. amI Welmaecvfthcvanpgveelmnrdbyth4 pmlq, Ey teas=aldampaotm dWded Oadmtr0uf .rindItwlrmY,mdmUawAWf NW4Iowa dm4 FROM maw ba ao hd try= 4Div -aia; ceMlm to bandwy Fe alrrte mmue amvedcbw, awry cU raav whI6 amrma nwgwmtl dbtlaq Wed whlhtuenm ehawv by the publly mmtda s {e) llvpnmld aldrnrhlmr, @) mmveWa mmmprbm m pavm arm Amt vuthmfdhq Nn4mnm Waw�t (c)wwarigWy2dmam LUnmwafc, wAMV mrct Nvvutlm ea�td v:du (n}, @) m(v) Wn drown by d2 )c40cr�rda 2006 ALTA LOAN POLICY (06-17 -06) EXCLUSIONS PROM COVERAGE SlmmlmWard maul mcmpmW Y wfadd fan dmmeaeBaaflhlt polq. ad do Ca¢ynvyw8l vmpgtm m demtgq meta etlm=yd fi� amp ®mtlm =baby ea ®,P. 1. ahata IWw.ardmvae, pemthn C.emvmaltegv4tlm Qmbdlvl dbtaem0) bWIL md�rme W* r=WWg, pvbitldc8 mmld arm; tdmlca QfU eI a=)mymem dNefua;(en Nv ahamm, dlmealma =maim ofvq lmymeemem ermdm Vin rang (gOdawbdlvtdnv dltvd;a � mHrmimml ma'sdlvnaNeeNrm of =y mialttlm mftMe Itwv, adl=aq mrgvyamrcmd �ramTldr7'rludmn l( e) daa vin mo431y ar Omlt NW mcvngepwldd undm Cewdlt4Y 5. @)Mq gvvavvrcvW pvttmpma 766 ruambn l @)dva vin no9f)m Gab tbemve{gvpmlded under Pvge 1 d2 pvgm N U - 1pmrani Cavaeg4the Lm. t=rey. 4. Aq d.h ubeod oat lb4 LT ft .ampUmu In poem alo Art, m horw ALTA OWNERIS POLICY Order No. 1029787 -32 b0 m mad Memegamd be bead.pm uRay ar eq —=Odb pmmlm a oath. U. oflbefnand MMSAM b: (e) a Rarddm oamwyavm a R q end the dm dravAeg dth. Imaad Mangnp in Ihv P.bge P==U abler tRerlaard Cpwregeaeamed lbrmegn bdGdm mWeemw [avaogm (0 temaarmffimar mrml prepcnyabytha Pnblh Ramda (b) pro.dinge bye pebfm e6eeteY frH ag.7 or by da Pubiiv Rarmda bymlapembv ddnladmdC mymemtd by pvemrlo, IndlbelmA led OR to (Q tbo 2m1e apiveeftha®v. lbuedm a oadm Of B Mote, Um m mmmbmea rmdUVg fiom A vlvimlon m dleged vWwlm c@alag thr had bas boom I Hadpbumor ibm ilmmdmdtho medwoo hvbmn mmddm1hap�Wle rsarNUl]atadPoUq,IvammsLAvg 8vm mtargvaq Uklgwbldrhaommadpdww DmvdPdlgwblob da Prom Im vel®wbhm mewldg- 1 211vvm dehm. mba mmac (.) mmv4 mda'00, amnml m vgrad b by the atmd steivav>;(b) mt Ivwm to dm empvy. rat remtdd m the pu W c nmdr a Dale ufFdlq, em and vmAalamdla ryrlUmmdmmmpq bythelnmed delrmm Priam IDD ameNe Ivaad ddmmbmmam mavd mlalhle po7q,{eyemYtag lamlmmdrmrgaatba a vr� rvbmryvab DaedPd4T, a(e) remhL>a m>m adamage rbiG wwdd rat 4wkm ramdrd Ktlm hm3d drr -... 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RESMENITAL LOAN POLICY (10/13101)EXCLUSIONS FROM COVERAGE Tat �Uawhig mmla. mnmpady vadvadnm,lW mrmgadrffi mnq ad da COVmevy vlll mtpey km adoe�, amA �evY. Rmm mPmra whlebedm byraem O¢ 1. 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Tbh eaMmv dvo rat t app y en vlolrsaa d Pepld2peg0 )qik %(v Order No. 1029787 -32 ORANGE COAST TITLE BUILDER SERVICES PRIVACY POLICY We Are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you maybe concerned about what we will do with such information — particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information that you provide to us. Therefore, we have adopted this Privacy Policy to govern the use and handling of your personal informati on. Applicability This Privacy Policy governs our use of the information which you provide m us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. Types of information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: • Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means. • Information we receive from providers of services to us, such as appraisers, appraisal management companies, real estate agents and brokers and insurance agencies (this may include the appraised value, purchase price and other details about the property that is the subject of your transaction with us). • Information about your transactions with us, our Affiliated Companies, or others; and • Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. Opting Out We may also share the information we collect about you within our family of companies (our "Affiliated Companies "). We may also provide this information to companies that perform marketing or other services on our behalf; or on behalf of our Affiliated Companies ("Service Providers"). However, we will not share this information with our Affiliated Companies or our Service Providers if you choose to opt out, in writing. To opt out, please use the form entitled "Request Not to Share Nonpublic Personal Information' , which is attached hereto. This form provides instructions on Irow to request us not to share information with third parties. Please be aware that Orange Coast Title Builder Services and its Affiliated Companies maintain high standards to safeguard nonpublic, personal information, and do not rent or sell such information. Please note, however, that unless you opt out in writing, our Affiliated Companies and Service Providers will have access to the information in our files. Other Important Information We reserve the right to modify or supplement this Privacy Poli at any time. If our Privacy Policy changes, we will provide the new Privacy Policy and the ability to opt out (as required 6y lawv7before the new policy becomes effective. A.)* h Order No. 1029787 -32 Attention Please note that this preliminary report now has an extra copy of the legal description on a separate sheet of paper. There are no markings on the page. The idea is to provide you with a legal description that can be attached to other documents as needed. Thank you for your support of Orange Coast Title Builder Services. We hope that this makes your job a little easier. l"k, LA Exhibit "A" Parcel A: Order No. 1029787 -32 Parcel 3, as shown on a map filed in book 107, pages 10 and I I of Parcel Maps, in the office of die County recorder of Orange County, California. Parcel B: Non - exclusive easements and rights of entry, as set forth in that certain Declaration of Covenants, Conditions and Restrictions and Reservation of Easements for centerpointe recorded December 13, 1977 in book 12490, page 1134 of Official Records of Orange County, California, within the boundaries of the real property situated in Orange County, State of California, more particularly described as Parcels 1, 2 and 4 through 7, inclusive, as shown on a map filed in book 107, pages 10 and 11 of Parcel Maps, in the office of the County recorder of Orange County, California. ryhA)t EXHIBIT 4 COPY OF PLANTING PLAN SHOWING NEW TREES LOCATIONS ��r Th;�� • 0 `,�r: 17 m Nl m ou is II ii 000 z yB 0 O > 0 11 MOM 40 livil-I I XWl ooaoo� 00000� 11 MOM 40 livil-I I XWl 64 g6g8 vSA§F S E B3 6 F. oS ^ °Fffi Sa $e A Eh a2g "MA i i IX �I y - a n 0 y A O• :col 1511 m � :� A H I ROI a y :reri O O I 2_vR Oc A m nom= o ^ a V y vi�Qyiv 9 of z 0 m •r l 9 0� �FR E n r• A � f F F v q®o @@SFR©jjeoamR see 3 Av ^g -�R 3S3�4R�$E °9gyLyY��j'�§ ^m c�°�gQ•�4 F�6 xE�° m gg ' + R: �C�pax 3hs`p3 z =1 6 xg + I 1 - Fi t f I I cS =c 9LFa �Fe . :' 64 g6g8 vSA§F S E B3 6 F. oS ^ °Fffi Sa $e A Eh a2g "MA i i IX �I y - a n 0 y A O• :col 1511 m � :� A H I ROI a y :reri O O I 2_vR Oc A m nom= o ^ a V y vi�Qyiv 9 of z 0 m •r l 9 0� �FR E n r• A � f F F v q®o @@SFR©jjeoamR see 3 Av ^g -�R 3S3�4R�$E °9gyLyY��j'�§ ^m c�°�gQ•�4 F�6 xE�° m gg ' + R: �C�pax 3hs`p3 z =1 6 xg + I 1 - Fi t f I ull U. Iw OII> Fn F L q tE pi 2 ;g�g'�'c5E€ aA$ tit SAS��7 rIFA - a )w kA 9LFa . :' 8�0 z o 00 0 9, � � d EG7 ro -R{ y 9 E4sL Y Pp�F a'• F 1 ;12 F FE E R Rz c $ a I A9 m iC w ^e 5 ull U. Iw OII> Fn F L q tE pi 2 ;g�g'�'c5E€ aA$ tit SAS��7 rIFA - a )w kA