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21-0707_GANAHL LUMBER COMPANY_Notice of Agreement
RecorftRaluestedBr. ]dust American Tide fiance Company National C minudal Services, Ontario, CA RECORDING REQUESTED BY NCS -885010 -SAI AND WHEN RECORDED MAIL DOCUMENT TO: NAME City of San Juan Capistrano Attn City Manager STREET ADDRESS 32400 Paseo Adelanto CITY. ZIP CODE STATE 1, San Juan Capistrano, CA 92675 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder II 11 II 111111 I 1P 1111111 II NO FEE *$ R 0 0 1 2 9 7 4 1 9 2$* 2021000439006 3:01 pm 07107/21 156 403A Al2 13 0.00 0.00 0.00 0.00 36.00 0.00 0.000.000.00 0.00 SPACE ABOVE FOR RECORDER'S USE ONLY Notice of Agreement Title of Document Pursuant to Senate Bill 2 — Building Homes and Jobs Act (GC Code Section 27388.1), effective January 1, 2018, a fee of seventy-five dollars ($75.00) shall be paid at the time of recording of every real estate instrument, paper, or notice required or permitted by law to be recorded, except those expressly exempted from payment of recording fees, per each single transaction per parcel of real property. The fee imposed by this section shall not exceed two hundred twenty-five dollars ($225.00). ❑ Exempt from the fee per GC 27388.1 (a) (2); This document is subject to Documentary Transfer Tax Exempt from fee per GC 27388.1 (a) (2); recorded concurrently "in connection with" a transfer subject to the imposition of documentary transfer tax (DTT). ❑ Exempt from fee per GC 27388.1 (a) (2); recorded concurrently "in connection with" a transfer of real property that is a residential dwelling to an owner -occupier. ❑ Exempt from fee per GC 27388.1 (a) (1); fee cap of $225.00 reached. Exempt from the fee per GC 27388.1 (a) (1); not related to real property. THIS COVER SHEET ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3.00 Additional Recording Fee Applies) RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of San Juan Capistrangg 31400 Tasto J&10% A�F� San Juan Capistrano, CA RZfo S7 Attention: City Manager SPACE ABOVE FOR RECORDER'S USE ONLY EXEMPT FROM RECORDING FEES - GOVT. CODE § 27383 THE CITY OF SAN JUAN CAPISTRANO Notice of Agreement Agreement Affecting Real Property (Ganahl Lumber Company) TO ALL INTEREST V PERSONS PLEASE TAKE NOTICE that as of itd Z [ , X94, Ganahl Lumber Company, a California corporation ("De eloper"), and the City of San Juan Capistrano, a public body, corporate and politic ("City"), entered into an agreement entitled "Agreement Affecting Real Property (Ganahl Lumber Company)" ("Agreement"). A copy of the Agreement is available for inspection and copying by interested persons as a public record of City at the City of San Juan Capistrano's offices located 32400 Paseo Adelanto, San Juan Capistrano, California, during the regular business hours of the City. The Agreement affects the real property described in Exhibit "1" attached to this Notice of Agreement ("Property"). The meaning of defined terms, indicated by initial capitalization, used in this Notice of Agreement shall be the same as the meaning ascribed to such terms, respectively, in the Agreement. PLEASE TAKE FURTHER NOTICE that the Agreement contains certain covenants running with the land of the Property and other agreements between Developer and City affecting the Property, including, without limitation (all section references are to the Agreement): 2.1 Developer Covenant to Undertake Each Site. Developer covenants to and for the exclusive benefit of City that Developer shall commence and complete the development of each Site comprising the Project within the time period for such Site set forth in the Schedule of Performance. Developer covenants and agrees to complete each such Site in conformity with the terms and conditions of this Agreement, the Scope of Development, the Schedule of Performance, any and all Approvals required by this Agreement, except for such changes as may be mutually agreed upon in writing by and between Developer and City, and all applicable Laws of each Government with jurisdiction over Property or the applicable Site. The covenants of this Section 2.1 shall run with the land with respect to each Site, until the earlier of the date of recordation of the Certificate of Completion applicable to such Site or the fifteenth (15th) anniversary of the Effective Date of this Agreement. 3.1 Maintenance Condition of the Property. Developer for itself, its successors and assigns covenants and agrees that: 3.1.1 The areas of the Property that are subject to public view (including all existing and future improvements, paving, walkways, landscaping, exterior signage and ornamentation) shall be maintained in good repair and a neat, clean and orderly condition, ordinary wear and tear excepted. If, at any time within fifteen (15) years following the Close of Escrow, there is an occurrence of an adverse condition on any area of the Property that is subject to public view in contravention of the general maintenance standard described above (a "Maintenance Deficiency"), then City shall Notify Developer in writing of the Maintenance Deficiency. If Developer fails to cure or commence and diligently pursue to cure the Maintenance Deficiency within thirty (30) calendar days of its receipt of Notice of the Maintenance Deficiency, City may conduct a public hearing, following transmittal of Notice of the hearing to Developer, at least ten (10) calendar days prior to the scheduled date of such public hearing, to verify whether a Maintenance Deficiency exists and whether Developer has failed to comply with the provisions of this Section 3.1. If, upon the conclusion of the public hearing, City finds that a Maintenance Deficiency exists and that there appears to be non-compliance with the general maintenance standard described in this Section 3.1.1, City shall have the right to enter the Property and perform all acts necessary to cure the Maintenance Deficiency, or to take any other action at law or in equity that may then be available to City to accomplish the abatement of the Maintenance Deficiency. Any sum expended by City for the abatement of a Maintenance Deficiency on the Property as authorized by this Section 3.1 shall become a lien on the Property until paid. 3.1.2 Graffiti, as this term is defined in Government Code Section 38772, that has been applied to any exterior surface of a structure or improvement on the Property that is visible from any public right-of-way adjacent or contiguous to the Property, shall be removed by Developer by either painting over the evidence of such vandalism with a paint that has been color -matched to the surface on which the paint is applied, or graffiti may be removed with solvents, detergents or water, as appropriate. If any such graffiti and is not removed within 72 hours following the time of the discovery of the graffiti by Developer, City shall have the right to enter the Property - and remove the graffiti, after not less than 48 hours' Notice to Developer during Business Days; provided, however, if the extent and nature of the graffiti is such that more than 72 hours is reasonably necessary to remove the graffiti, then Developer shall have such additional time as is reasonably necessary to remove the graffiti so long as Developer commences the removal of the graffiti during such 72 hour period and thereafter diligently continues the removal process until complete. Any sum expended by City for the removal of graffiti from the Property as authorized by this Section 3.1.2, shall become a lien on the Property until paid. 3.2 Covenant to Maintain Property on Tax Rolls for 10 Years. 3.2.1 The Developer shall assure that the entire Property remains on the County of Orange, California, secured real property tax rolls for the ten (10) years following the Project Completion Date. 3.2.2 For the ten (10) year period following the Project Completion Date, the Developer for itself and its successors and assigns covenants and agrees to pay all property tax bills with 2 respect to the Property and all improvements thereon on or before the last day for the timely payment of each property tax installment on December 10 and April 10 and to timely pay all supplemental tax bills regarding the Property issued by the County of Orange, California. 3.2.3 The Developer understands and agrees that neither the Developer, nor its successors or assigns shall use or otherwise sell, transfer, convey, assign, lease, leaseback or hypothecate the Property or the Project or any portion thereof to any entity or person, or for any use of the Property or the Project, or any portion thereof, that is partially or wholly exempt from the payment of real property taxes or that would cause the exemption of the payment of all or any portion of real property taxes otherwise assessable regarding the Property or the Project, without the prior written consent of the City for a period of ten (10) years after the Project Completion Date. 3.2.4 The covenants of this Section 3.2 shall run with the land of the Property and shall be covenants set forth in the City Deed. Upon an approved or Permitted Transfer of the Property by Developer, Developer shall be deemed released from any obligations pursuant to this Section 3. 3.3 No Discrimination or Segregation. The Developer covenants by and for itself, himself or herself, its, his or her heirs, executors, administrators, and assigns, and all Persons claiming under or through it, him or her, that this Agreement is made and accepted upon and subject to the following conditions: 3.3.1 Standards. That there shall be no discrimination against or segregation of any Person or group of Persons, on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the Property nor shall the Developer, itself, himself or herself, or any Person claiming under or through it, him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy, of tenants, lessees, subtenants, sublessees, or vendees in the Property. 3.3.2 Covenant Running With Land. The provisions of this Section 3.3 shall be a covenant running with the land of the Property and binding on all successive owners and users of the Property. 3.6 Mortgagee Protection. No violation or breach of the covenants, conditions, restrictions, provisions or limitations set forth in this Agreement shall defeat or render invalid or in any way impair the lien or charge of any Permitted Security Instrument or, following the issuance of a Certificate of Completion for the portion of the Project to be completed upon a Site, any Security Instrument encumbering such Site; provided, however, that any successor in interest to the Property shall be bound by such remaining covenants, conditions, restrictions, limitations and provisions, whether such successor's title was acquired by foreclosure, deed in lieu of foreclosure, trustee's sale or otherwise. 3 3.7 ProbibftQt'Vs s. No portion -of h Property -shallbel used:.-fior a jun cyard-440 t, entertainment; ,-adult; movie theater, adult bookstore nlassqgc=parlor, pawn; -sh6p, d6liar-store check .:cashing 6mtet(ihp-,foregoing shall- ' '* "hall- m* -.n -"o event prohibit banking ,store or a walk tjpATM), pay ay.oan or g-_ gim-ii-a, business, ih s t,..Iftdrqnat, 'marijuana: " for " -dispensary,.tattPQ. *�-'Jof,orfortuneie, j�6rrfb.rih-e9qe,-q or long, - is�pdsa bifE en . s-- - treatment, az ter -in. tfif t"- -.2021. and T14IS:NOT- 1 01�-AGREI$C i c sdated m -of July..7 _PT has been. signed and' b -d' ' 'behalf df -Developer and City the,sighatuieg y'an :: o of theif authorized repwe sentative(s), set, _-fbrfh:beWw. Thii Notke_.of Akrddmentpjqy,be,,slgned in counterparts and each cqqnterpartisffialL c6flectivejyj: be deemed be --o'ne-ong.inal,-.Instruiteriti $19patures 01i"followi,9 n :pgge. 12 4 CITY: DEVELOPER: THE CITY OF SAN JUAN CAPISTRANO, a Ganahl Lumber Company, public body, corporate and politic a California corporation A Signed In Counterpart By: j�`-1v,} ovy l) r. Dan Delaney S t CH 6L Chief Financial Officer APPROVED AS TO FORM: BEST BEST & KRIEGER LLP By: City tto ey 5 Signed In CounterpAn By: Alex Uniack Vice President and General Manager CITY: DEVELOPER: THE CITY OF SAN JUAN CAPISTRANO, a Ganahl Lumber Company, public body, corporate and politic a California corporation Signed In Counterpart By: City Manager ATTEST: Signed In Counterpart By: City Clerk APPROVED AS TO FORM: BEST BEST & KRIEGER LLP Signed In Counterpart By: City Attorney By: Dan Delaney Chief Financial Of icer By.ZA Alex niack Vice President and General Manager PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California } County of Orange ) ss. City of San Juan Capistrano ) (Gov't Code 40814 & Civil Code 1181) On May 5, 2021, before me, Christy Jaki, Assistant City Clerk, personally appeared Benia min Siegel, City Manager, who proved tome on the basis of satisfactory evidence to the be 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/there signature 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. LL (SEAL) Capacity Claimed by Signers in of Attached Document or Type of Document City Manager Notice of Agreement For the agreement affecting real property Title Ganahl Lumber Company Signer is Representing City of San Juan Capistrano CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of On { fh j 1 before me, jds.t u► iflh ri IPAWI.0 Date Here Insert Name 9nd Title of the Officer personally appeared ` r.'a 'Dt1aztt, nt i� AA Name(s) of Signer(s) 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. ea•4 ox ry DEBBIE SCHAUER w� ' Notary Public - California Z xM Orange County Commission # 2361643 �+uFoa�'`. µy Comm. Expires Jul 12, 2025 Place Notary Seal and/or Stamp Above 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 ial' 7 '.4t Signature of Notary Public yr 3 1%011%r%&. Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: ©2019 National Notary Association Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: EXHfBIT f TO NOTICE OF AGREEMENT' (Loiver. Ra"n Ranih) Property Let!al Description That certain real property located in the City of San Juan Capistrano, County of -Orange, State of California, described as f6liows: PARCEL ONE:. (APN: 121-253-13) THAT PORTION OF THE LAND DESCRIBED IN PARCEL I OF THE DEED TO PAUL N.. YORBA AND OTHERS-,` RECORDED AUGUST -1.1,',1945 IN. BOOK.1,354,_PAGE 9.1 OF OFFICIAL RECORD- $OF ORANGE COUNTY, CALIFORNIA, IN,THE CITY OF SAN JUAN QAPISTRANO'COUNTY Or! ORANGE, STATE QFCAL, FORNIA, DESCRIBED AS FOLLOWS' - BEGINNING AT THE INTERSECTION OF THE WESTERLY' RIGHT` OF WAY LINE Of- TPIE ATCHISON, TOPEKA AND SANTA FE RAILROAD, WITH THE SOUTH LINE OF THE LAND CONVEYED BY ROSA A. PRYOR TO. ALBERT PRYOR AND CHRISTINA, S. LANDELL, ELL, BY DEED RECORDED IN BOOK 11.1, PAG�2Q2 OF DEEDS OF SAID ORANG.E.COUM'Y'- THENCE SOUTH 160 0.1 30" WEST ALONG THE ABOVE MENTIONED WESTERLYRIGHT'OF WAY LINE, 2 -205'.521 FEETTO A 24NCH PIPE MONUMENT MARKED, "R.D.& 10301'; THENCE NORtK-6101 V37" WEST 1008.34 FEET TO AN INTERSECTION WITH THE NORTHWESTERLY LINE OF THE ABOVE: MENTIONED PARCEL 1; THENCE NORTH 100 03'57!'EAST 117.90 FEET TO THE MOST NORTHERLY CORNER OF SAID PARCEL I; THENCESOUTH 660 1626" EAST ALONG SAID SOUTH, LINE OF LAND CONVEY -ED TO ALBERT-PRYOR AN . D CHRISTINA S. LANDELL, 963.82 FEET TO THE. POINT OF BEGINNING. EXCEPTING THEREFROM THE PORTION LYING WESTERLY OF THE EASTERLY LINE OF THE STRIP OF LAND 250.00 FEET IN WIDTH,, DESCRIBED INPARCELLI- 11.1.0f I -11,1.0f OF THE LIS PENDENS RECORDED MARCH 20;, 1962 IN BOOK 6044., PAGE 731 OF OFFICIAL RECORDS., ENTITLED "ORANGE QOUN-T-Y-1 FLOOD CONTROL DISTRICT, A BODYPOLITIC AND. CORPORATE OF THE,STATE OF CALIFORNIA; PLAINTIFF, VS. PAUL N. YORBA AND OTHERS, DEFENDANTS." EXHIBIT 1, 61147 80003133422936.3 ALSO EXCEPlING,THEREFROMTHAT PORTION DESCRIBED AS PARCEL NO. iPSAN' DEED TO THE COUNTY OF ORANGE RECORDED FEBRUARY 2.4.19.92 -AS INSTRUMENT NO. 92-105463 OF OFFICIAL RECORDS. PARCEL TWO: (ARN: I PARCEL A AS SHOWN ON EXH-fBjT "B" ATTACHED TO THAT CERTAIN CERTI-FICATEOFCflMPLIANC-ERE-CORDEDAOkii,2t-9-,1-99"9ASI-*NS,'T-R'UMENTN0. 19990.341,3082,OFOFr:ICI.AL.RC-,COR--DS OF ORANGE COUNTY, C&LIFORNIA, IN THE CITY OF SAN JUAN CAPISTRANO. COUNTY,OF ORANGE.,STATE OF CALIFORNIA, PARCEL THREE:. (APN:421r240 .� THATPORTION OFTRE LAND KNOWN AS THETRYOR-HOMESTEAD, fNTHE-CITY OF SAN JUAN: CAPISTRANO, COUNTY OF ORANGE, STATE OF -CALIFORNIA, AS $&ID. PRYOR HOMESTEAD IS:DESCRlBEDfN DECREE OF PARTITION. RECORDED Al?klL t47 184 AS INSTRUMENT NO. 5789 IN.,BOOK .2-7,'PAGE 89 OF DEEDS, RECORDSl,QF PRANGE- COUNTY, CALIFORNIA, DESCkIBEIDAS 1`01�LQW,3: BEGINNING ATA 4,X 4 REDWOOD POST, MARKING TFIE,,§OUTHEAST'CORNER Of THE LAND`CQNVEYE-I? TO-ALIBERT-PRYO."R AND CIA RI Tf LA.. ELLBYD, D ' ' ' , � ,7 S � N E IN -p DEED RECORDED IN -BOOK I I[I, PAGE 202 OF DEEDS, RECORDS OF ORANGE COUNTY, CALIFORNIA. THENCE NORTH 5° 30'30" EAST 34!.14 FEET ALONG THE EASTERLY LINE OF SAID PARCEL -BEING THREASTERLY LINE OFTHE P,RYQR HOMESTEAD AS SAND EASTERLY LINE :IS.SI OWN -ON A MAP FILED IN BqPK,3, PAGE -590FREC RDOFSU'R--VEYS-IN'I'HE-OFFICEOLFTHEC-OUN ,TY RE ORDER, OF -SAID COUNTY, TO, ANJRON -PIPE, Tjjlh-'NdE' N' 0-11 TRA -1 39 12'_E-AlST,240.0,11FEET .M,ON'G` SA.tl?.-KA§,TARLY LINE, TO ANfRQN"PIP,E; THENCE NORTH 66' 19' WEST 697.90 FEET, PARALLEL WITH THE SOUTHERLY LINE PF SAID LAND OF LANDELL AND OTHERS, TO THECENTERLINE ' CENTE,LINE Of THE. AT�CHIS6N, TOPEKA Aril) SANTA FERAILROA, D; THENCE NORTHERLY ALONG SAID CENTER LINE 76.00 FEET; THENCE NORTH 660 1.9' WEST 400.00 FEET- PARALLEL WITH SAID -SOUTHERLY LINE THENCE SOUTV]2304]'WE$-TTOSA]DSOUTHERLY LINE; THENCE SOUTH., 660 19' EAST ALONG SA �D SOUTi IERLY LINE TO THE POINT OF 'REGINN.ING. EXCEPTING THEREFROMTHA,-PORTION LYING EASTERLY OFTHE WESTERLY LINE OF THE 100 FOOT RIGHT OF WAY OF THE ATCHISON, TOPEKA AND SAN FE TA RAILROAD. ALSO EXCEPTING, TI ..EREFROM THATTOR111ON THEREOF DESCRIBED IN PARCEL, NO. 127 OF Tt4E D86P TO THE COUNTY OF ORANGE RECORDED -MAY 13, 1991 AS, EXHIBIT 1 INSTRUMENT NO. 91-231671 OF O'FFIQA,L RECORDS OF ORANGE COUNTY CALIFORNIA. PARCEL FOUR: (,APN:.121-240-39) THAT PORTION OF THE LAND KNOWN AS TIME P:RYOR ROMESTEAD, [N THE CITY OF SAN JUAN CAPISTRANO,-COUNTY OF,ORANGE, STATE&OF CALIFORNIA, AS SAID PRYOR HOMESTEAD IS D'ESCRIBED.IN DECREE OF ,AN- RTITIO, RECORDED AP'R•IL 14, 1896 AS'INSTRUMENT NO. -57891-N: BOOK 27, PAGE .89 OF DEEDS, n RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIB.9D AS FULLO, l S; BEGI,NNIN.G AT THE NORTHEAST CORNER, OF THAT .CERTAIN PARCEL ;OF.,,LANU CONVEYED TO ALBERT PRYOR AND CRIS,TINA S., LANDELL BY DEED, RECORDED MNRCH 4, 1905 IN BOOK l.,,I t, PAGE 202 OF'DEEDS,AEGORDS 01 ORANGE COUNTY, CALIFOR.N'IA, SAID POINT BEINGTN'E.SOUTHEAST CORNER, OF THE NORTHERLY 59 1,12 ACRES A_LLOtrED TO ROS;I A. DE ,PRlYo R, ASC NO, 12 10, SUPERIOR COURT OF SAID. COUNTY AND RUNNING FRQM SAD•POINT Or BEGINNING,SOUht-t 80° 20' 30" EAST A-LONtG 1=HE EASTERI Y EXTENSION ,PF� THy1 SOUT14 I.INE OF SAID 59 1/2 AC RES, 300 4;U ! EET TOA POINT iN.THE CENTER LINE- OF, THAT CERTAIN RIGHT OF-WAYDEEDED-TO THE -STATE OF v CALIFORNIA BY'DEEDRECORDEDJUNE29; ;192.9 tN BOyOK"293, PAGE'160:OF OF[�ICIAL RECORDS OF SAS:D COUNTY, SAID POINT BEING; NORTH 38°,54' EAST 396.30 FEET FROM- THE SOUTHERLY END OF A 1565:30,FQQT TANGENT LINE AS DESCRIBED IN SAID -DEED-. THENCE SOUTH 389 54' WEST 396.30 FEET ALONG SAID CENTER LINE TO THE BEGINNING..O` A TANGENT CURVE; THENCE ALONG A TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 2t}0Q FEET, THROUGH AN ANGLE.OF 1-0° 57'51" A DISTANCE OF 382:72 FEET TOTHE EASTERLY LINE, OF A PARCEL,OF LAND CONVEYED TO ALBERT;PRYOR BY x, DEL'D RECORDED JULY 24,192? IN BOOK 291, PAGE L62 OF OP I;CIA'LRECORDS; THENCE SOUTH 13° 32' WEST 192.34 FEET,, MORE.OR LESS;•;ALONG:SA ID . 'EASTERL,Y LINE OF SAID LAST MENTIQNEpTARCEL:OF LAND TO.AN IRON PIPE AT THE $OUTHEASTERLY CORNER OF SAID RAkE'LAr46ENCE NORTH 66° :19' WE51" 69.7 FEET PARA•LLEL TO TINE SOUTHERLY -LINE OF SAID PARCEL OF -LAND DESCRIBED IN SAID.DEED-R.EG,ORDED'IN,BOOK i l i,, PAGE 242 QF" DEEDS, RECORDS OF $A['D COUNTY TO THE ,CENTER LINE OF T,HE ATCH-ISDN; TOPEKA. AND SANTA FERAI•L.ROAD RIGHT OF WAY; THENCE NORTHERLY ALONG THE SAID CENTER LINE 7b `FEET TO A POINT; THENCE NORTH 60 19'WEST 745.10 FEET'ITO.THE SOUTHEASTERLY CORNER OF T11E PARCELOF 1.6384 ACRES CONVEYED'TO JOHN 0. FORSTER BY DEED RECORDED -MA -Y-19.1 . 9,31 I -N -BOOK 480, PAGE 403 OF OFFICIAL -RECORDS; THENCE NORE--H 9° 35' EAST.,kLONG THE EASTERLY LINE OF -SAID. LA -ST MENTIONED PARCEL 453.84 FEET -TO THE NORTHEAST CORNIER TMEREOF; THENCE SOUTH 80° 24' 80" EAST _1'450.3.4 `FEET TO THE POINT OF BEGINNING. EXHIBIT 1 EXCEPTING THEREFROM THAT PORTION LYING CA-STERLY OF THE WESTERLY LINE OFTHE 106 FOOT RIGHT OF WAY OF TH:E ATCHISON, TOPEKA AND SANTA FE RAILROAD. ALSO EXCEPTING THEREFROM THAT PORTION THEREOF DESCRI:BED'IN THE DEED TO THE ORANGE COUNTY:FLOOD CONTROL DISTRICT, -RECORDED JANUARY 28. 1963 IN BOOK 6409, PAGE -742 OF OFFICIAL. RECORDS. PARCIs FIVE: (APN: 121.-24-0-76 THAT PORTION OF THE PRYOR: 40MESTEAD TRACT, IN THE RANCHO BOCA DE LA PLAYA, IN THE CITY`OF SAN JUAN.CAPISTRANO; COUNTY OF ORANGE, STATE OF CALIFORNIA, PER MAP OF PA:RTITI.O•N OF SAID TRACT IN THE DECREE OF THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, IN AND FOR THE -COUNTY OF ORANGE, IN CASE NOA 210, DESCRIBED INTHAT CERTAIN• FINAL. ORDER OF CONDEMNATION AS ,PARCEL L L,=;C1:3.0'1 RECORDED JANUARY 8, 1963 IN J3:OOK 6386, PAGE 776 OF OF. FICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORD, ER'OF SAID COUNTY, LYING'.EASTERLY OF ALINE TFIAT IS PARALLEL• WITH AND 125.00 FEET EASTERLYPROM THAT CERTAIN-000RSE DESCRIBED AS. "N:1 1"3717"E., 2223:48 FEET" IN SAID FINAL ORDER OF CONDEM-NATIOI :, EXCEPT THEREFROM, AN UNDIVIDED I/3ANTEREST I:NAND TO -ALL MINERALS, 'MINERAL DEPOSITS, MINERAL OILS AND :NATURAL GASES OF EVERY KIND AND NATURE. CONTAINEDiN OR UPON SAI:D.LAND, AS RESERVED BY JOHN F. POZAR AND MARTHA E. POZAR, RECORDED JANUARY 10; I'958 'IN BOOK 416.1, PAGE 281 OF OFFICIAL RECORDS. ALSO EXCEPT THEREFROM, AN UNDIVIDED 1I6,INTERESTJNALL MINERALS GAS', OIL, PETROLEUM, NAPHTHA AND OTHER,HYDROCARBON SUBSTANCE -S BELOW ,rHC DEPTH OF 500 lt-,ET FROM T14L- !3U.k aAC'EOF THE ABOVE-DESCRlBcb PROPERTY, SUBJECT TO THE 9XPRESS LIMITATI"ON`f AT THE FOREGOING RESERVATION SHALL IN NO WAY 66 INTERPRETED TO.INCLUDE A.NY ARIGHT OF I" EN -CRY 1N AND UPON THE SURFACE OF THE ABOVE-DESCRIBED: PROPERTY, OR THE FIRST •500 FEET OF THE SUBSURFACE THEREOF, AS RESERVED BY JOHN F. POZAR AND MARTHA E. POZAR, HUSBAND AND WIFE,NIN TI=RE DEED RECORDED DECEMBER 12,19k IN BOOK 6357'PAGE 140., OFFICIAL RECORDS. APN: 121-240-39 and `121-240-73 and 121-240=76 and 121-25343 and 121-253-15 EXHIBIT 1