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22-1230_26874 ORTEGA HWY LLC_Notice of Agreement Disposition & Dev (124-160-56 & 57)Recording Requested By Fidelity National Title RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: The City of San Juan Capistrano 32400 Paseo Adelanto. San Juan Capistrano, California 92675 Attn: City Clerk 3COKKt �ti— Tu Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder I[ � � 11 II III 11111 II 111111 II NO FEE *$ R 0 0 1 4 1 3 4 7 3 3$* 202200042174911:40 am 12/30/22 90 CR-SC06 NO3 15 0.00 0.00 0.00 0.00 42.00 0.00 0.000.000.00 0.00 NOTICE OF AGREEMENT 2022 Disposition and Development Agreement (Parking Lot Property) Exempt from Recording fee pursuant to Gov't Code § 27383 TO ALL INTERESTED PERSONS PLEASE TAKE NOTICE that 26874 Ortega Highway, LLC, a California limited liability company (the "Developer") and the City of San Juan Capistrano, a California municipal corporation (the "City") entered into an agreement entitled 2022 Disposition and Development Agreement (Parking Lot Property) dated as of November 14, 2022 (the "Agreement"). A copy of the Agreement is on file with the City at the City's website (www.sanjuancapistrano.org). The City Clerk's Office is available to assist with locating the document and can be reached via e-mail at cityclerk@sanjuancapistrano.org. The Agreement affects the real property described in Exhibit A attached to this Notice of Agreement (the "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 in the Agreement. PLEASE TAKE FURTHER NOTICE that the Agreement contains certain development covenants running with the land of the Property and other agreements between the Developer and the City affecting the Property, as set forth below (all section references are to the Agreement): Section 4.1 of the Agreement provides: 4.1 Developer Covenant to Undertake Project. The Developer covenants, for itself, its successors and assigns, to and for the exclusive benefit of the City, that the Developer shall commence and complete the development of the Project on the Property within the time period for such actions set forth in the Schedule of Performance. The Developer covenants and agrees for itself, its successors, and assigns, that the Property shall be improved and developed with the Project in substantial conformity with the terms and conditions of this Agreement, the Scope of Development, the Schedule of Performance, any and all plans, specifications and similar development documents required by this Agreement, except for such changes as may be mutually agreed upon in writing by and among the Parties, and all applicable laws, regulations, orders and conditions of each Governmental Agency with jurisdiction over the Property or the Project. The covenants of this Section 4.1 shall run with the land of the Property until the earlier of the date of 61147.20021\328 12677.5 Exempt from fee per GC27388.1 (a) (2); recorded concurrently in connection with a transfer subject to the imposition of documentary transfer tax recordation of the Certificate of Completion or the fifteenth (15th) anniversary of the date of the Close of Escrow. Section 5.1 of the Agreement provides: 5.1 Covenant to Maintain Property on Tax Rolls. The Developer for itself, its successors and assigns to all or any part or portion of the Property and/or Project, covenants and agrees that: 5. 1.1 The entire Property shall remain on the County secured real property tax rolls for twenty (20) years from the date of issuance of a Certificate of Completion for the Project. the full term of this Agreement. 5.1.2 The Developer shall pay all property tax bills with respect to the Property and all improvements thereon on or before the last day for the timely payment of each property tax installment on each December 10 and April 10 during such time period and to timely pay all supplemental tax bills regarding the Property issued by the County. The Developer further covenants and agrees to provide to the City, on or before July 31 of each year, commencing in the calendar year following the calendar year in which a Certificate of Completion is recorded and in each calendar year, thereafter, for the full term of this covenant: (i) a true and correct copy of all property tax assessment notices, property tax bills and property tax assessment correspondence by and between the Developer and the County regarding the Property and all improvements thereon, with respect to the preceding fiscal year of the County, and (ii) cancelled checks issued by the Developer in payment of all property tax payments that are made to the County regarding the Property and all improvements thereon (or other reasonably acceptable evidence of such payment), with respect to the preceding County fiscal year. 5.1.3 The covenants of this Section 5.1 shall run with the land of the Property, shall be enforceable against the Developer and its successors and assigns, and shall be covenants set forth in the Grant Deed. Section 5.2 of the Agreement provides: 5.2 No Conveyance to Tax Exempt Entity. The Developer for itself, its successors and assigns to all or any part or portion of the Property and/or Project, covenants and agrees that: 5.2.1 The Developer shall not use or otherwise sell, transfer, convey, assign, lease, leaseback or hypothecate the Property, the Project, or any portion of any of the foregoing to any entity or person, or for any use of the Property, the Project, or any portion of any of the foregoing, that is partially or wholly exempt from the payment of real or personal property taxes or that would cause the exemption of the payment of all or any portion of real or personal property taxes otherwise assessable regarding the Property, the Project, or any portion of any of the foregoing, without the prior written consent of the City, which may be withheld in the City's sole and absolute discretion for a period of twenty (20) years from the date of issuance of the certificate of completion for the Project by the City. 61147.20021\32812677.5 Section 5.3 of the Agreement provides: 5.3 Maintenance Condition of the Property. The Developer for itself, its successors and assigns to all or any part or portion of the Property and/or Project, covenants and agrees that: 5.3.1 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 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 the City shall notify the Developer in writing of the Maintenance Deficiency. If the Developer fails to cure or commence and diligently pursue to cure the Maintenance Deficiency within thirty (30) days of its receipt of notice of the Maintenance Deficiency, the 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 the City to accomplish the abatement of the Maintenance Deficiency. Any sum expended by the City for the abatement of a Maintenance Deficiency on the Property pursuant to this Section 5.3.1 shall become a lien on the Property, as applicable. If the amount of the lien is not paid within thirty (30) days after written demand for payment from the City to the Developer, the City shall have the right to enforce the lien in the manner provided in Section 5.3.4. 5.3.2 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 the 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 is not removed within ninety-six (96) hours following the time of the discovery of the graffiti, the City shall have the right to enter the Property and remove the graffiti, without notice to the Developer. Any sum reasonably expended by the City for the removal of graffiti from the Property pursuant to this Section 5.3.2, shall be a lien on the Property. If the amount of the lien is not paid within thirty (30) days after written demand to the Developer from the City, the City shall have the right to enforce its lien in the manner provided in Section 5.3.4. The Parties further mutually understand and agree that the rights conferred upon the City under this Section 5.3 expressly include a grant by the Developer of a security interest in the Property with the power to establish and enforce a lien or other encumbrance against the Property or any portion thereof, in the manner provided under Civil Code Sections 2924, 2924b and 2924c, to secure the obligations of the Developer and it successors under Section 5.3.1, 5.3.2 or Section 5.3.3, including the reasonable attorneys' fees and costs of the City associated with the abatement of a Maintenance Deficiency or removal of graffiti. For the purposes of the preceding sentence the words "reasonable attorneys' fees and costs of the City" mean and include the salaries, benefits and costs of the City Attorney and the lawyers employed in the Office of the City Attorney. 5.4.5 The provisions of this Section 5.3, shall be a covenant running with the land of the Property, shall be enforceable against the Developer and its successors and assigns, and shall be covenants set forth in the Grant Deed. Nothing in the foregoing provisions of this Section 5.3 shall 61147.20021 \32812677.5 be deemed to preclude the Developer from making any alteration, addition, or other change to any structure or improvement or landscaping on the Property, provided that any such changes comply with applicable zoning and building regulations of the City. Section 5.4 of the Agreement provides: 5.4 Obligation to Refrain from Discrimination. The Developer for itself, its successors and assigns to all or any part or portion of the Property and/or Project, covenants and agrees that: 5.4.1 There shall be no discrimination against or segregation of any person, or group of persons, on account of sex, marital status, race, color, religion, creed, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property nor shall the Developer, itself or any person claiming under or through it, 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, sub -tenants, sub -lessees or vendees of the Property. The covenant of this Section 5.4 shall run with the land of the Property and shall be enforceable against the Developer and its successors and assigns in perpetuity and be a covenant in the Grant Deed and the Notice of Agreement. 5.4.2 The covenant of this Section 5.4 shall run with the land of the Property in perpetuity, shall be enforceable against the Developer and its successors and assigns, and shall be covenants set forth in the Grant Deed. 61147.20021\32812677.5 This NOTICE OF AGREEMENT is dated as of ,aevLLWtt � 2022, and has been executed on behalf of the Developer and the City by and &ough the signatures of their authorized representative(s) set forth below. This Notice of Agreement may be executed in counterparts and when fully executed each counterpart shall be deemed to be one original instrument. CITY: THE CITY OF SAN JUAN CAPISTRANO a California municipal corporation Dated: 22— 2022 By: I <&� / aurin ie Citanager ATTES City Clerk Maria Morris -0 Ak Alisha Winterswyk 61147.20021 \32812677.5 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of &O'n-)e U On 0 11!9,10OZZ before me,. n JUJOrl (insert name and title of the officer) personally appeared V) I'cA V" P* �N &*ec ( who proved to me on the basis of satisfactory evident 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. KYLE T. KRUHMIN I, COMM. #2384920 z 0 Notary Public - California 0 Orange County My Comm. Exp res Nov. 30, 20251 Signature (Seal) I - 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 118 1) On November 22, 2422, before me, Maria Morris, City Clerk, personally appeared Alisha Winterswyk, City Attorney, who proved to me 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. (SEAL) Capacity Claimed by Signers City Attorney Title Signer is Representing City of San Juan Capistrano S irly Land and official seal. "It Maria MTrri3, City Clerk OPTIONAL Description of Attached Document Title or Type of Document Notice of Agreement 2422 Disposition and Development Agreement (Parking Lot Property) Dated: A w q j vi DEVELOPER: 26874 ORTEGA HIGHWAY, LLC, a California limited liability company By: Dan Almquist, Manager [ALL SIGNATURES MUST BE NOTARY ACKNOWLEDGED] EXHIBIT E 61147.20021\32812677.5 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 I On `ILc-, _before me, L 4 Date re Insert Name and Title of the ffr r personally appeared 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. *my MARY W. CARNES Notary Public - California orangeCounty T.Commission # 2427148 Comm. Expires Dec 13, 2026 Place Notary Seal andlor 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 S n re of Notary Public 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: EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SAN JUAN CAPISTRANO IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL 1: THAT PORTION OF LOT 20 OF TRACT NO. 103, IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 11, PAGES 29 THROUGH 33 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, LYING WESTERLY OF THE SOUTHERLY PROLONGATION OF THE EASTERLY LINE OF LOT 23 OF SAID TRACT NO. 103. I_11 go] :A11[0P►K91=11azavzl5DIi1&'Y1 PARCEL 2: LOT 23 OF TRACT NO. 103, IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 11, PAGES 29 THROUGH 33 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. EXCEPTING THEREFROM ANY PORTION OF SAID LOT 23 NOT INCLUDED IN THE DEED FROM ROSA RIOS TO MARIA BALBANEDO RUIZ, RECORDED SEPTEMBER 29, 1885 IN BOOK 146, PAGE 102 OF DEEDS, RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, WHICH DEED DESCRIBES THE FOLLOWING: BEGINNING AT THE NORTHWEST CORNER OF LOT 1 IN BLOCK 10 OF THE TOWN OF SAN JUAN CAPISTRANO; THENCE SOUTH 10-1/2 DEGREES EAST TO A STAKE, A DISTANCE OF 51 FEET; THENCE SOUTH 7-1/2 DEGREES WEST, 31 FEET TO THE CORNER OF RIVERINS LAND; THENCE SOUTH 82 DEGREES EAST, 125 FEET TO A STAKE; THENCE NORTHERLY TO THE SOUTH LINE OF OLIVE STREET, A DISTANCE OF 79 FEET; THENCE NORTH 81 DEGREES WEST ALONG THE SOUTH BOUNDARY OF OLIVE STREET, 145 FEET TO THE POINT OF BEGINNING, BEING THE WEST ONE-HALF OF SAID LOT 1; REFERENCE BEING HEREBY MADE TO THE OFFICIAL PLAT OF SAID TOWN ON FILE IN THE RECORDER'S OFFICE OF LOS ANGELES COUNTY, CALIFORNIA. ALSO EXCEPTING THEREFROM THAT PORTION OF SAID LAND DESCRIBED AS PARCEL 102505-1 IN FINAL ORDER OF CONDEMNATIONS RECORDED JULY 24, 2013 AS INSTRUMENT NO. 2013000442463 AND JULY 25, 2013 AS INSTRUMENT NO. 2013000445919, BOTH OF OFFICIAL RECORDS. ALSO EXCEPTING THAT PORTION OF LOT 23 OF TRACT NO. 103, IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 11, PAGES 29 THROUGH 33, INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTERLINE INTERSECTION EL CAMINO REAL SOUTH AND ORTEGA HIGHWAY AS SHOWN ON RECORD OF SURVEY NO. 2018-1140, AS PER MAP FILED IN BOOK 309, PAGES 5 AND 6, OF RECORD OF SURVEYS, IN THE OFFICE OF SAID COUNTY RECORDER; THENCE, ALONG SAID CENTERLINE OF ORTEGA HIGHWAY SOUTH 84°43'58" EAST 191.22 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 660.03 FEET; THENCE, AT RIGHT ANGLES, SOUTH 05016'02" WEST 39.39 FEET; THENCE, PARALLEL WITH SAID CENTERLINE, NORTH 84943'58" WEST 35.88 FEET TO THE EASTERLY LINE OF SAID LOT 23, SHOWN AS "L457" ON RECORD OF SURVEY NO. 2009-1078, AS PER MAP FILED IN BOOK 246, PAGES 32 TO 43, EXHIBIT A (Continued) INCLUSIVE, OF RECORD OF SURVEYS, IN THE OFFICE OF SAID COUNTY RECORDER AND THE TRUE POINT OF BEGINNING; THENCE, CONTINUING ALONG SAID PARALLEL LINE, NORTH 89°43'58" WEST 82.33 FEET; THENCE, AT RIGHT ANGLES, SOUTH 05°16'02" WEST 2.79 FEET; THENCE, NORTH 84°43'58" WEST 48.78 FEET TO THE WESTERLY LINE OF SAID LOT 23; THENCE, ALONG SAID WESTERLY LINE, NORTH 06020'02" EAST 6.37 FEET; THENCE, CONTINUING ALONG SAID WESTERLY, NORTH 08°17'56" WEST 50.93 FEET TO THE NORTHWEST CORNER OF SAID LOT 23; THENCE, ALONG THE NORTHERLY LINE OF SAID LOT 23, SOUTH 81°1947" EAST 145.49 FEET TO THE NORTHEASTERLY CORNER OF SAID LOT 23; THENCE, ALONG SAID EASTERLY LINE, SOUTH 08°12'43" WEST 44.51 FEET TO THE TRUE POINT OF BEGINNING. A PORTION OF APN: 124-160-57 PARCEL 3: THAT PORTION OF LOT 20 OF TRACT NO. 103, IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 11, PAGES 29 THROUGH 33 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, LYING EASTERLY OF THE SOUTHERLY PROLONGATION OF THE EASTERLY LINE OF LOT 23 OF SAID TRACT NO. 103. A PORTION OF APN: 124-160-57 EXHIBIT A (Continued) gmelom� LOT 21 OF TRACT NO. 103, IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 11, PAGES 29 THROUGH 33 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. EXCEPTING THEREFROM, THAT PORTION THEREOF LYING WESTERLY OF THE SOUTHERLY PROLONGATION OF THE EASTERLY LINE OF LOT 22 OF SAID TRACT NO. 103. ALSO EXCEPTING THEREFROM, THAT PORTION DESCRIBED IN DEED TO THE STATE OF CALIFORNIA RECORDED OCTOBER 2, 1956 IN BOOK 3662, PAGE 435 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY. PARCEL 5: LOT 3 IN BLOCK 10 OF SAN JUAN CAPISTRANO, IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 3, PAGES 120 AND 121 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, AND THE WEST ONE-HALF OF GARCIA STREET ADJOINING SAID LOT ON THE EAST, ABANDONED BY ORDER OF THE BOARD OF SUPERVISORS OF ORANGE COUNTY NOVEMBER 16, 1920 IN BOOK 15, PAGE 304 OF MINUTE BOOKS. THEREFROMEXCEPTING TAE i .. UU• OA PORTION OF APN: 124-160-57 •.7"1itl7�R� THAT PORTION OF LOT 21 OF TRACT NO. 103, IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 11, PAGES 29 THROUGH 33 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF LOT 23 OF SAID TRACT; THENCE NORTH 8 DEGREES 11'49" EAST ALONG THE EASTERLY LINE OF SAID LOT 23, A DISTANCE OF 28.88 FEET TO A CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 1050.00 FEET; THENCE FROM A TANGENT BEARING SOUTH 88 DEGREES 50' 22" EAST, EASTERLY ALONG SAID CURVE, THROUGH AN ANGLE OF 1 DEGREE 57' 37", AN ARC DISTANCE OF 35.92 FEET TO A POINT IN THE WESTERLY PROLONGATION OF THE SOUTHERLY LINE OF THAT PARCEL OF LAND CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED OCTOBER 2, 1956 IN BOOK 3662, PAGE 435 OF OFFICIAL RECORDS IN THE OFFICE OF SAID COUNTY RECORDER, DISTANT ALONG SAID WESTERLY PROLONGATION, WESTERLY 6.49 FEET FROM THE SOUTHERLY PROLONGATION OF THE EASTERLY LINE OF LOT 22 OF SAID TRACT; EXHIBIT A (Continued) THENCE EASTERLY ALONG SAID WESTERLY PROLONGATION, 6.49 FEET TO SAID SOUTHERLY PROLONGATION; THENCE SOUTHERLY ALONG SAID SOUTHERLY PROLONGATION, 32.42 FEET TO THE SOUTHERLY LINE OF SAID LOT 21; THENCE WESTERLY ALONG SAID SOUTHERLY LINE, TO THE POINT OF BEGINNING. EXCEPTING THEREFROM ALL MINERALS, OILS, GASES AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN, THAT MAY BE WITHIN OR UNDER SAID LAND WITHOUT, HOWEVER, THE RIGHT TO DRILL, DIG OR MINE THROUGH THE SURFACE THEREOF, AS EXCEPTED IN THE DIRECTOR'S DEED FROM THE STATE OF CALIFORNIA RECORDED APRIL 18, 1962 IN BOOK 6079, PAGE 258 OF OFFICIAL RECORDS. A PORTION OF APN: 124-160-57 PARCEL 7: INTENTIONALLY DELETED PARCEL & INTENTIONALLY DELETED. PARCEL 9: INTENTIONALLY DELETED. PARCEL 10: INTENTIONALLY DELETED. 2_1 l*1 LsfilF THAT PORTION OF SAID LAND CONVEYED TO THE STATE OF CALIFORNIA AS SET FORTH AND DESCRIBED IN THAT CERTAIN DOCUMENT RECORDED JULY 24, 2013, AS INSTRUMENT NO, 2013000442463 AND RELINQUISHED TO THE CITY OF SAN JUAN CAPISTRANO BY THAT CERTAIN DOCUMENT RECORDED AUGUST 26, 2019 AS INSTRUMENT NO. 2019000316332, BOTH OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: PARCEL 102505-1 FOR STATE HIGHWAY PURPOSES, ALL OF THAT REAL PROPERTY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF EL CAMINO REAL (NORTH), 56' WIDE, AND THE CENTERLINE OF THE CITY STREET CALLED ORTEGA HIGHWAY, ESTABLISHED PER R621, BEING THE INTERSECTION OF LINE "L102" WITH LINE "L115" SHOWN ON SHEET 3 OF R621; THENCE ALONG SAID "L102" AND ORTEGA HIGHWAY CENTERLINE, (1) S84°43'58"E 82.64'; THENCE AT RIGHT ANGLES TO LAST SAID CENTERLINE, (2) S05 -16'02"W 40.00'; TO THE TRUE POINT OF BEGINNING IN LINE "1-156" SHOWN ON SHEET 3 OF R621, BEING IN THE SOUTHERLY BOUNDARY OF SAID ORTEGA HIGHWAY ESTABLISHED PER R621, FROM SAID BEGINNING POINT THE EASTERLY TERMINUS OF "1156" BEARS S84'43'58"E 7.12'; THENCE LEAVING SAID ORTEGA HIGHWAY BOUNDARY, EXHIBIT A (Continued) (3) S06°01'44"W 1.18'; THENCE, (4) S84°16'08"E 82.59', TO A POINT IN LINE "L157" SHOWN ON SHEET 3 OF R621, BEING IN SAID ORTEGA HIGHWAY BOUNDARY, FROM LAST SAID POINT THE NORTHERLY TERMINUS OF "1157" BEARS N08°15'33"E 4.61'; THENCE ALONG SAID ORTEGA HIGHWAY BOUNDARY, (5) N08°15'33"E 4.61'; TO A POINT IN NON -TANGENT CURVE OF RADIUS OF 1039.96', CONCAVE NORTHERLY, A RADIAL LINE TO LAST SAID POINT BEARS S01°05'36"W; THENCE WESTERLY ALONG SAID CURVE, (6) AN ARC LENGTH OF 75.76', THROUGH A CENTRAL ANGLE OF 04°10'26'; THENCE LEAVING LAST SAID CURVE ALONG A TANGENT LINE, (7) N84°43'58"W 7.12', TO THE TRUE POINT OF BEGINNING. APN: 124-160-56 THAT PORTION OF LOT 21 OF TRACT NO, 103, IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER RECORDED IN BOOK 11, PAGES 29 THROUGH 33, INCLUSIVE, OF MISCELLANEOUS MAPS, IN THE OFFICE OF COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTERLINE INTERSECTION EL CAMINO REAL SOUTH AND ORTEGA HIGHWAY AS SHOWN ON RECORD OF SURVEY NO. 2018-1140, AS PER MAP FILED IN BOOK 309, PAGES 5 AND 6, OF RECORD OF SURVEYS, IN THE OFFICE OF SAID COUNTY RECORDER; THENCE, ALONG SAID CENTERLINE OF ORTEGA HIGHWAY SOUTH 84043'58" EAST 191.22 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 660.03 FEET; THENCE, AT RIGHT ANGLES, SOUTH 05°16'02" WEST 39.39 FEET TO THE TRUE POINT OF BEGINNING; THENCE, PARALLEL WITH SAID CENTERLINE, NORTH 89°43'58" WEST 35.88 FEET TO THE WESTERLY LINE OF SAID LOT 21, SHOWN AS "L157" ON RECORD OF SURVEY NO. 2009-1078, AS PER MAP FILED IN BOOK 246, PAGES 32 TO 43, INCLUSIVE, OF RECORD OF SURVEYS, IN THE OFFICE OF SAID COUNTY RECORDER; THENCE, ALONG SAID WESTERLY LINE, SOUTH 08015'33" WEST 7.98 FEET TO THE BEGINNING OF A NON -TANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 1050.00 FEET, A RADIAL LINE BEARS SOUTH 01°09'43" WEST, SHOWN ON AS "C117" ON SAID RECORD OF SURVEY NO. 2009-1078; THENCE, ALONG SAID CURVE IN AN EASTERLY DIRECTION THROUGH A CENTRAL ANGLE OF 01058'32" AN ARC LENGTH OF 36.20 FEET TO A LINE THAT PASSES THROUGH THE POINT OF INTERSECTION OF THE EAST LINE OF LOT 23 OF SAID TRACT NO. 103 WITH THE SOUTH RIGHT OF WAY LINE OF THE CALIFORNIA STATE HIGHWAY AS DESCRIBED IN DEED RECORDED IN BOOK 1046, PAGE 292, OFFICIAL RECORDS OF SAID COUNTY RECORDER; THENCE, ALONG SAID RIGHT OF WAY LINE, SHOWN AS "1158" ON SAID RECORD OF SURVEY, SOUTH 73°49'14" EAST 99.05 FEET TO THE EASTERLY LINE OF SAID LOT 21; THENCE, ALONG SAID EASTERLY LINE, SHOWN AS "1159" ON SAID RECORD OF SURVEY NO. 2009-1078, NORTH 19°12'13" EAST 15.68 FEET TO THE NORTHERLY CORNER OF THE LAND DESCRIBED AS PARCEL DD102506-01-01 IN DIRECTOR'S DEED RECORDED JULY 27, 2018 AS INSTRUMENT NO. 2018000274958, OFFICIAL RECORDS OF SAID COUNTY RECORDER AND THE BEGINNING OF A NON -TANGENT CURVE CONCAVE SOUTHWESTERLY, CONCENTRIC WITH AND DISTANT 39.39 FEET SOUTHERLY, TO SAID CENTERLINE OF ORTEGA HIGHWAY, HAVING A RADIUS OF 620.64 FEET, A RADIAL LINE BEARS NORTH 14°37'04" EAST, BEING TANGENT AT ITS ENDPOINT TO SAID COURSE DESCRIBED AS "NORTH 84°43'58" WEST 35.88 FEET"; THENCE, ALONG SAID CURVE IN A WESTERLY DIRECTION, THROUGH A CENTRAL ANGLE OF 09°20'50", AN ARC LENGTH OF 101.25 FEET TO THE TRUE POINT OF BEGINNING. EXHIBIT A (Continued) THE ABOVE-DESCRIBED LAND CONTAIN A TOTAL AREA OF APPROXIMATELY 1,383 SQUARE FEET. NOTE: THIS COMPANY HAS PROVIDED SAID DESCRIPTION AS AN ACCOMMODATION FOR THE PURPOSE OF FACILITATING THIS REPORT. SAID DESCRIPTION MAY NOT BE AN INSURABLE PARCEL PURSUANT TO THE SUBDIVISION MAP ACT OF THE STATE OF CALIFORNIA AND SHOULD NOT BE RELIED UPON TO CONVEY OR ENCUMBER SAID LAND, UNTIL APPROVED BY THE APPROPRIATE GOVERNING AGENCY.