Resolution Number 97-6-3-7367
RESOLUTION NO. 97-6-3-7
ASSIGNMENT OF PACIFIC POINT DEVELOPMENT AGREEMENT
TO CWC. INCORPORATED
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING THE ASSIGNMENT OF THE
RIGHTS AND OBLIGATIONS CONTAINED IN THE DEVELOPMENT
AGREEMENT APPROVED JULY 16, 1992, BETWEEN THE CITY AND
PACIFIC POINT PARTNERS, L.P., TO CWC, INCORPORATED, EFFECTIVE
AS OF THE DATE THAT TITLE IS TRANSFERRED TO CWC,
INCORPORATED FOR THAT PORTION OF THE FORSTER CANYON
PLANNED COMMUNITY KNOWN AS "PACIFIC POINT"
WHEREAS, on July 16, 1992, the City Council approved a Development Agreement
between the City and Pacific Point Partners, L.P., setting forth rights and obligations for the ultimate
development of the Pacific Point portion of the Forster Canyon Planned Community; and,
WHEREAS, in accordance with paragraph 4.2 of said Development Agreement,
Pacific Point Partners, L.P. has requested assignment of the Development Agreement to CWC,
Incorporated; and,
WHEREAS, CWC, Incorporated has agreed to fulfill all the rights and obligations
as contained in the approved Development Agreement; and,
WHEREAS, the proposed project entitlement as identified in the Development
Agreement has been previously processed pursuant to Section 9-2.301, Development Review, of the
Municipal Code and the adopted Forster Canyon Planned Community, and remains consistent with
all applicable provisions of both the Municipal Code and General Plan; and,
WHEREAS, the Environmental Administrator has considered the request for
assignment of the rights and obligations contained in the adopted Development Agreement pursuant
to Section 15070 of the California Environmental Quality Act and has determined that the previously -
prepared and certified Final Environmental Impact Report adopted at the time of the approval of the
Development Agreement adequately addresses the potential impacts associated with the approved
project entitlement and has identified specific mitigation measures to mitigate the project's
entitlement, and therefor qualifies for use of a single EIR and has otherwise complied with all
applicable provisions of the California Environmental Quality Act.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San
Juan Capistrano does hereby make the following findings:
1. The adopted Development Agreement and underlying entitlement remain
consistent with the policies and objectives of the San Juan Capistrano General Plan.
-I-
M
2. The adopted Development Agreement and underlying entitlement remain
consistent with all applicable provisions of the Land Use Code and Forster Canyon Planned
Community subject to mitigation measures and conditions cited by certified Final Environmental
Impact Report for the Forster Canyon Planned Community (Pacific Point portion); and,
3. The assignment of the rights and obligations of the Development Agreement
to CWC, Inc., will continue to insure the orderly development of the property and implementation
of all mitigation measures that apply to the property.
BE IT FURTHER RESOLVED that the City Council of the City of San Juan
Capistrano does hereby approve the assignment of the Development Agreement between the City of
San Juan Capistrano and CWC, Incorporated per Exhibit "A", attached, concurrently with the transfer
of title from Pacific Point Partners, L.P.
PASSED, APPROVED, AND ADOPTED this
. 1997.
ATTEST:
CITY CLERIV —61
3rd
DAVID M. SWERDLIN, MAYOR
-2-
day of
369
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California,
DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No.
97-6-3-7 adopted by the City Council of the City of San Juan Capistrano, California,
at a regular meeting thereof held on the 3rd day of June 1997, by the
following vote:
AYES: Council Members Jones, Greiner, Hart
and Mayor Swerdlin
NOES: None
ABSTAIN: Council Member Campbell
ABSENT: None
(SEAL)
CHERYL JO SOl , CITY CLERK
-3-
370
EXHIBIT "A"
ASSIGNMENT OF DEVELOPMENT AGREEMENT
THIS ASSIGNMENT OF DEVELOPMENT AGREEMENT ("Assignment'), is
entered into as of the _ day of . 1997, by and between (i) Pacific Point
Partners, L.P., a California limited partnership ("Assignor"), (ii)
a ("Assignee"), and (iii)
the City of San Juan Capistrano, a municipal corporation ("City").
RECITALS
A. Pursuant to that certain Agreement for Purchase and Sale of Real
Property and Escrow Instructions by and between Assignor, as Seller, and CWC, Inc.,
a California corporation ("CWC"), as Buyer, dated as of February 25, 1997, as
amended by that certain First Amendment to Purchase and Sale Agreement and
Escrow Instructions, dated as of March 31, 1997 (the "Purchase Agreement'),
Assignor has agreed to sell to CWC that certain real property located in the City of
San Juan Capistrano, County of Orange, State of California, which real property is
more particularly described in Exhibit "A", attached hereto and incorporated herein
by this reference (the "Pacific Point Project').
B. Assignor, as Owner, entered into that certain Development Agreement
for the Pacific Point Project, dated effective as of August 6, 1992 ( the "Development
Agreement') with the City, which Development Agreement affects the Pacific Point
Project.
C. Pursuant to the Purchase Agreement, Assignor is to assign all of
Assignor's rights and obligations under the Development Agreement to CWC or an
entity designated by CWC, and CWC or such entity so designated is to assume all of
Assignor's rights and obligations under the Development Agreement from
Assignor, as set forth hereinbelow.
D. CWC has assigned all of its rights and obligations under the Purchase
Agreement to the Assignee pursuant to an Assignment of Purchase Rights, dated
, 1997 (the "CWC Assignment").
E. Pursuant to the Development Agreement, an assignment of any
portion of the Development Agreement must be pursuant to the assignment of all
or a portion of the Pacific Point Project, and such assignment must be pursuant to
the City's written consent.
F. The parties now desire to enter into this Assignment upon such terms
and conditions as are hereinafter set forth.
NOW THEREFORE, with reference to the foregoing Recitals, in consideration
of the mutual covenants herein contained, and for other good and valuable
371
consideration, the receipt and sufficiency of which are hereby acknowledged,
Assignor and Assignee hereby agree as follows:
1. Incorporation of Recitals. The parties hereby incorporate into the
terms of this Assignment each and every one of the Recitals contained in
paragraphs A through F, inclusive, above, as though fully set forth herein.
2. Assignment and Succession to Rights and Obligations. Assignor
hereby absolutely and unconditionally assigns, conveys and transfers to Assignee,
and Assignee hereby expressly and unconditionally accepts and assumes, all of
Assignor's rights and obligations under the Development Agreement as and to the
extent such rights and obligations arise following the Effective Date of this
Assignment.
3. Consent to Assignment: Release. Pursuant to Section 4.2 of the
Development Agreement, (i) City hereby consents to this Assignment by the
Assignor of all of Assignor's rights and obligations under the Development
Agreement and Assignee's assumption of such rights and obligations; and (ii) City
hereby releases Assignor from the performance of the Assignor's obligations under
the Development Agreement for which the time of performance has not yet
occurred as of the Effective Date.
4. Representations and Warranties of Assignor. Assignor hereby
represents and warrants to Assignee as follows:
a. Assignor has the right, power, authority and capacity to execute,
deliver and perform Assignor's obligations under this Assignment; and
b. Assignor has not previously assigned or encumbered any of its
rights or interests under the Development Agreement to any person or entity.
5. Close of Escrow ContingencX. ,The parties hereby agree that a contin-
gency to the effectiveness of this Assignment is that Assignor and Assignee
complete the sale of the Pacific Point Project pursuant to the Purchase Agreement.
The date of the close of the escrow thereunder shall be the "Effective Date" of this
Assignment. If the escrow does not close, the parties agree that this Assignment
shall be of no force or effect.
6. Notices. Assignor and City hereby agree that all future notices to the
Owner (as that term is defined in the Development Agreement) pursuant to
Section 11.13 of the Development Agreement shall be addressed as follows:
Lame of Assignee)
c/o SunCal Companies
550 West Orangethorpe
Placentia, California 92670
Attention: Mr. Bruce Elieff
2
372
With copy to: Voss, Cook & Thel LLP
840 Newport Center Drive, Suite 700
Newport Beach, California 92660
Attention: Bruce V. Cook, Esq.
7. Miscellaneous.
a. Interpretation: Governing Law. This Assignment shall be
construed according to its fair meaning and as if prepared by both parties
hereto. This Assignment shall be construed in accordance with laws of the
State of California. Any action shall be brought in a court of competent
jurisdiction located in Orange County, California.
b. Attorneys' Fees. In the event of any dispute between the parties
hereto or the institution of any action or proceeding to interpret or enforce
this Assignment, or arising out of the subject matter of this Assignment or
the transactions contemplated hereby, the prevailing party shall be entitled to
recover its reasonable expenses, attorneys' fees and costs, including profes-
sional or expert consultation or testimony and paralegal fees, both at trial and
on any appeal and in any administrative proceeding.
C. Authority and Capacity. Each of the persons signing this
Assignment represents and warrants that he or she is authorized to execute
and deliver this Assignment and that this Assignment will be binding upon
the party for whom such person has signed, and that the signature of no other
party or person is required in order to bind such party. Each person executing
this Assignment on behalf of a corporation represents and warrants that he or
she is duly authorized to execute and deliver this Assignment on behalf of
such corporation in accordance with authority granted under the formation
documents of such entity, and by a duly passed resolution of its Board of
Directors, that all conditions to the exercise of such authority have been
satisfied, and that this Assignment will be binding upon such entity in
accordance with its terms.
d. Execution in Counterparts. This Assignment may be executed in
several counterparts, and all so executed shall constitute one agreement
binding on all parties hereto, notwithstanding that all parties are not
signatories to the original or the same counterpart.
e. Titles and Captions. Titles and captions are for convenience
only and shall not constitute a portion of this Assignment. As used in this
Assignment, masculine, feminine or neuter gender and the singular or plural
3
373
number shall each be deemed to include the others wherever and whenever
the context so dictates.
IN WITNESS WHEREOF, the parties have executed this Assignment
to be effective as of the Effective Date.
"Assignor"
Pacific Point Partners, L.P.,
a California limited partnership
By: One Chestnut, Inc., a Delaware
corporation, General Partner
By:
Its:
"Assignee"
a
By:
Its:
"City"
City of San Juan Capistrano, a municipal
corporation
By:
Name:
Its:
ATTEST:
By:
Name: City Clerk
I HEREBY APPROVE the form of the foregoing of this Assignment this
day of ,1997.
By:
Name: City Attorney
Exhibit "A" - Legal Description of the Pacific Point Project
SUNCAI /PACIFIC POINT PARTNFR /D.—,-,m/Assign of D,, A,,
374
THE LAND REFERRED TO IS DESCRIBED AS FOLLOWS:
THOSE PORTIONS OF LOTS 5 AND 8, IN THE CITY OF SAN JUAN CAPLSTRANO, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 4, PAGE 15 OF
RECORD OF SURVEYS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY,
CALIFORNIA, DESCRIBED AS FOLLOWS:
PARCEL A:
PARCEL A-1:
BEGINNING AT THE INTERSECTION OF THE NORTHEASTERLY LINE OF THAT CERTAIN PARCEL
OF LAND DESCRIBED AS PARCEL 8, IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF
ORANGE, STATE OF CALIFORNIA, IN THE DEED RECORDED OCTOBER 6, 1930 IN BOOK .428,
PAGE 75 OF OFFICIAL RECORDS, WITH THE CENTERLINE OF THE CALIFORNIA STATE
HIGHWAY (100 FEET WIDE), AS DESCRIBED IN THE QUITCLAIM DEED RECORDED DECEMBER
29, 1944 IN BOOK 1287, PAGE 462 OF OFFICIAL RECORDS; THENCE FROM SAID POINT OF
BEGINNING, SOUTH 64 DEGREES 06 MINUTES 40 SECONDS EAST ALONG SAID
NORTHEASTERLY LINE, 947.49 FEET TO A POINT; THENCE SOUTH 25 DEGREES 53 MINUTES
20 SECONDS WEST 380.84 FEET TO A POINT; THENCE NORTH 76 DEGREES 24 MINUTES 40
SECONDS WEST 663.39 FEET TO A POINT; THENCE SOUTH 47 DEGREES 34 MINUTES 20
SECONDS WEST 119.84 FEET TO A POINT; THENCE NORTH 20 DEGREES 44 MINUTES WEST
432.Of FEET TO A POINT IN THE CENTERLINE OF SAID CALIFORNIA STATE HIGHWAY;
THENCE NORTH 35 DEGREES 49 MINUTES 02 SECONDS EAST ALONG SAID CENTERLINE,
341.93 FEET TO THE POINT OF BEGINNING, BEING A PORTION OF LOT 8 AS SHOWN ON A
LICENSED SURVEYOR'S MAP FILED IN BOOK 4, PAGE 15 OF RECORD OF SURVEYS, IN THE
OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA.
EXCEPTING THEREFROM THAT PORTION LYING NORTHWESTERLY OF THE FOLLOWING
DESCRIBED LINE:
BEGINNING AT THE MOST SOUTHERLY CORNER OF THE LAND DESCRIBED IN DEED TO THE
STATE OF CALIFORNIA, RECORDED JUNE 13, 1967 IN BOOK 8277, PAGE 568 OF OFFICIAL
RECORDS OF SAID COUNTY; THENCE NORTHEASTERLY ALONG THE SOUTHEASTERLY LINE OF
SAID LAND, TO ITS INTERSECTION WITH THE SOUTHEASTERLY LINE OF THE LAND
DESCRIBED IN DEED TO THE STATE OF CALIFORNIA, RECORDED MAY 16, 1958 IN BOOK
4287, PAGE 239 OF OFFICIAL RECORDS; THENCE NORTHEASTERLY ALONG SAID LAST
MENTIONED SOUTHEASTERLY LINE, TO THE INTERSECTION WITH THE NORTHEASTERLY LINE
OF THE ABOVE DESCRIBED LAND.
PARCEL A-2:
BEGINNING AT A POINT WHICH BEARS SOUTH 64 DEGREES 06 MINUTES 40 SECONDS EAST
(RECORD SOUTH 64 DEGREES 03 MINUTES 45 SECONDS EAST) 947.49 FEET FROM THE
INTERSECTION OF THE NORTHEASTERLY LINE OF A CERTAIN PARCEL OF LAND DESCRIBED
AS PARCEL 8 IN THE DEED RECORDED OCTOBER 6, 1930 IN BOOK 428, PAGE 75 OF
OFFICIAL RECORDS, WITH THE CENTERLINE OF THE CALIFORNIA STATE HIGHWAY (100
FEET WIDE), AS DESCRIBED IN THE QUITCLAIM DEED RECORDED DECEMBER 29, 1944 IN _
BOOK 1287, PAGE 462 OF OFFICIAL RECORDS, SAID POINT OF BEGINNING BEING THE
MOST EASTERLY CORNER OF THE LAND DESCRIBED IN PARCEL A-1 HEREIN; THENCE FROM
SAID POINT OF BEGINNING, SOUTH 25 DEGREES 53 MINUTES 20 SECONDS WEST 380.84
Exhibit A - pale 1
375
FEET; THENCE SOUTH 76 DEGREES 24 MINUTES 40 SECONDS EAST 504.26 FEET; THENCE
SOUTH 25 DEGREES 51 MINUTES 40 SECONDS EAST 222.39 FEET; THENCE SOUTH 5
DEGREES 07 MINUTES 40 SECONDS EAST 1629.59 FEET TO A POINT IN THE EASTERLY
LINE OF LOT 8 AS SHOWN ON A LICENSED SURVEYOR'S MAF' FILED IN BOOK 4, PAGE 15
OF RECORD OF SURVEYS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY,
CALIFORNIA; THENCE NORTH 22 DEGREES 45 MINUTES EAST 1810.42 FEET TO THE MOST
EASTERLY CORENR OF SAID LOT 8; THENCE NORTH 64 DEGREES 06 MINUTES 40 SECONDS
WEST (RECORD NORTH 64 DEGREES 03 MINUTES 45 SECONDS WEST) 1407.90 FEET TO THE
POINT OF BEGINNING.
PARCEL A-3:
BEGINNING AT THE INTERSECTION OF THE NORTHEASTERLY LINE OF THAT CERTAIN PARCEL
OF LAND DESCRIBED AS PARCEL 8, IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF
ORANGE, STATE OF CALIFORNIA, IN THE DEED RECORDED OCTOBER 6, 1930 IN BOOK 428,
PAGE 75 OF OFFICIAL RECORDS, WITH THE CENTERLINE OF THE CALIFORNIA STATE
HIGHWAY (100 FEET WIDE), AS DESCRIBED IN THE QUITCLAIM DEED RECORDED DECEMBER
29, 1944 IN BOOK 1287, PAGE 462 OF OFFICIAL RECORDS; THENCE FROM SAID POINT OF
BEGINNING, NORTH 35 DEGREES 49 MINUTES 02 SECONDS EAST ALONG THE CENTERLINE OF
THE CALIFORNIA STATE HIGHWAY, 295.04 FEET TO A POINT NORTH 54 DEGREES 19
MINUTES 50 SECONDS WEST OF THE MOST WESTERLY CORNER OF THE 37.10 ACRE PARCEL
OF LAND DESCRIBED AS PARCEL f IN THE DEED DATED NOVEMBER 12, 1947 FROM MARCO
F. FORSTER AND WIFE, TO ROSENBAUM RANCHO CO., RECORDED DECEMBER 30, 1947 IN
BOOK 1613, PAGE 219 OF OFFICIAL RECORDS; THENCE SOUTH 54 DEGREES 19 MINUTES 50
SECONDS EAST 427.04 FEET; THENCE NORTH 81 DEGREES 10 MINUTES EAST 385.20 FEET;
THENCE NORTH 35 DEGREES 02 MINUTES 20 SECONDS EAST 497.17 FEET; THENCE SOUTH
22 DEGREES 03 MINUTES 10 SECONDS EAST 1386.08 FEET; THENCE NORTH 64 DEGREES 06
MINUTES 40 SECONDS WEST (RECORD NORTH 84 DEGREES 03 MINUTES 45 SECONDS WEST)
1896.49 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM, ALL THAT PORTION OF SAID LAND LYING WESTERLY OF THE
FOLLOWING DESCRIBED LINE, BEING THE EASTERLY LINE OF THE LAND DESCRIBED IN A
DEED TO THE STATE OF CALIFORNIA, RECORDED MAY 10, 1958 IN BOOK 4287, PAGE 239
OF OFFICIAL RECORDS.
BEGINNING AT THE INTERSECTION OF THE SOUTHWESTERLY LINE OF THE LAND ABOVE
DESCRIBED, WITH THE EASTERLY LINE OF SAID LAND TO THE STATE OF CALIFORNIA;
THENCE NORTH 14 DEGREES 00 MINUTES 59 SECONDS EAST ALONG SAID EASTERLY LINE OF
THE STATE OF CALIFORNIA, TO AN ANGLE POINT THEREIN; THENCE NORTH 35 DEGREES 49
MINUTES 02 SECONDS EAST ALONG SAID EASTERLY LINE, TO THE INTERSECTION OF SAID
EASTERLY LINE WITH THE NORTHEASTERLY LINE OF SAID LAND ABOVE DESCRIBED.
PARCEL A-4:
BEGINNING AT THE MOST EASTERLY .CORNER OF THAT CERTAIN PARCEL OF LAND DESCRIBED
IN DEED RECORDED MAY 16, 1958 IN BOOK 4287, PAGE 239, OFFICIAL RECORDS OF SAID
ORANGE COUNTY; THENCE SOUTH 36 DEGREES 37 MINUTES 34 SECONDS WEST ALONG THAT
CERTAIN COURSE DESCRIBED IN SAID DEED AS HAVING A LENGTH OF 70.25 FEET, A
DISTANCE OF 70.25 FEET; THENCE NORTHERLY IN A DIRECT LINE TO THE SOUTHERLY
TERMINUS OF THAT CERTAIN COURSE DESCRIBED AS 'SOUTH 14 DEGREES 49 MINUTES 31
SECONDS WEST, 64.42 FEET• IN A DEED FROM THE STATE OF CALIFORNIA, TO NOFIE
FAMULARO AND OTHERS, RECORDED IN BOOK 6501, PAGE 603 OF SAID OFFICIAL RECORDS;
SAID POINT BEING IN THE SOUTHWESTERLY LINE OF THAT CERTAIN PARCEL OF LAND
CONVEYED TO A. E. FARLEY BY DEED RECORDED IN BOOK 2153, PAGE 539 OF SAID
OFFICIAL RECORDS; THENCE ALONG SAID SOUTHWESTERLY LINE, SOUTH 53 DEGREES 31
MINUTES 18 SECONDS EAST 28.07 FEET TO THE POINT OF BEGINNING.
Exhibit A - page 2
376
EXCEPTING THEREFROM, ALL MINERALS, OIL, GASES AND OTHER HYDROCARBONS BY
WHATSOEVER NAME KNOWN, NOT OTHERWISE EXCEPTED, THAT MAY BE WITHIN OR UNDER THE
PARCEL OF LAND HEREINABOVE_ DESCRIBED; WITHOUT, HOWEVER, THE RIGHT TO DRILL,
DIG OR MINE THROUGH THE SURFACE THEREOF.
ALSO EXCEPTING THEREFROM, ALL MINERALS, OILS, GASES AND OTHER -HYDROCARBONS BY
WHATSOEVER NAME KNOWN, NOT OTHERWISE EXCEPTED, THAT MAY BE WITHIN OR UNDER THE
PARCEL OF LAND HEREINABOVE DESCRIBED; WITHOUT, HOWEVER, THE RIGHT TO DRILL,
DIG OR MINE THROUGH THE SURFACE THEREOF, SUBJECT TO THE EXCEPTION AND
RESERVATION OF ALL OIL, GAS, MINERALS AND OTHER HYDROCARBON SUBSTANCES IN AND
UNDER SAID LAND BELOW A DEPTH OF 100 FEET, MEASURED VERTICALLY FROM THE
SURFACE OF SAID LAND, TOGETHER WITH THE RIGHT TO SLANT DRILL FOR THE PURPOSE
OF PRODUCING, SAVING AND SELLING THE SAME, AS RESERVED IN THE DEED FROM THE
STATE OF CALIFORNIA, RECORDED AUGUST 6, 1963 IN BOOK 6663, PAGE 408 OF
OFFICIAL RECORDS.
PARCEL B:
THAT PORTION OF LOT 8, IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE,
STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 4, PAGE 15 OF RECORD OF
SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA,
DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE NORTHEASTERLY LINE OF THAT CERTAIN
PARCEL OF LAND DESCRIBED AS PARCEL 8 IN THE DEED RECORDED OCTOBER 6, 1930 IN
BOOK 428, PAGE 75 OF OFFICIAL RECORDS, WITH THE CENTERLINE OF THE CALIFORNIA
STATE HIGHWAY (100.00 FEET WIDE), AS DESCRIBED IN THE QUITCLAIM DEED RECORDED _
DECEMBER 19, 1944 IN BOOK 1287, PAGE 462 OF OFFICIAL RECORDS; THENCE SOUTH 35
DEGREES 49 MINUTES 02 SECONDS WEST ALONG THE CENTERLINE OF SAID HIGHWAY,
341.93 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE SOUTH
20 DEGREES 44 MINUTES EAST 432.01 FEET; THENCE SOUTH 110 DEGREES 26 MINUTES 40
SECONDS EAST 251.43 FEET; THENCE SOUTH 21 DEGREES 29 MINUTES 20 SECONDS WEST
634.52 FEET; THENCE SOUTH 59 DEGREES 19 MINUTES 20 SECONDS EAST 1185.00 FEET;
THENCE NORTH 49 DEGREES 59 MINUTES 20 SECONDS EAST 706.11 FEET] THENCE SOUTH
05 DEGREES 07 MINUTES 40 SECONDS EAST 1032.12 FEET; THENCE SOUTH 22 DEGREES 45
MINUTES WEST 233.36 FEET; THENCE SOUTH 74 DEGREES 20 MINUTES WEST 6117.11 FEET;
THENCE SOUTH 62 DEGREES 30 MINUTES 45 SECONDS WEST 111127.52 FEET; THENCE SOUTH
61 DEGREES 04 MINUTES WEST 1300.17 FEET; THENCE SOUTH 76 DEGREES WEST 755.38
FEET TO A POINT IN THE EASTERLY LINE OF THE CALIFORNIA STATE HIGHWAY; THENCE
NORTH 05 DEGREES 01 MINUTE 30 SECONDS EAST ALONG SAID LINE OF SAID HIGHWAY,
238 FEET, MORE OR LESS, TO THE INTERSECTION WITH THE EASTERLY LINE OF SAID
PRYOR HOMESTEAD; THENCE ALONG SAID EASTERLY LINE OF SAID PRYOR HOMESTEAD,
NORTH 27 DEGREES 53 MINUTES 30 SECONDS EAST 89.98 FEET; THENCE NORTH 05
DEGREES 30 MINUTES EAST 1847.16 FEET; THENCE NORTH 13 DEGREES 32 MINUTES EAST
431.67 FEET TO THE INTERSECTION OF SAID PRYOR HOMESTEAD WITH THE CENTERLINE OF
SAID CALIFORNIA STATE HIGHWAY; THENCE NORTHERLY ALONG SAID CENTERLINE, ALONG A
CURVE THEREOF, 382.72 FEET TO THE NORTHERLY END OF SAID CURVE; THENCE
CONTINUING ALONG THE CENTERLINE OF SAID HIGHWAY, NORTH 38 DEGREES 54 MINUTES
EAST 11565.30 FEET TO ENGINEER'S STATION 454+71.88 THEREOF; THENCE CONTINUING
NORTHERLY ALONG THE CENTERLINE OF SAID HIGHWAY, ALONG A CURVE THEREOF, 218.17
FEET TO THE NORTHERLY END OF SAID CURVE AT ENGINEER'S STATION 456+90.05;
THENCE CONTINUING ALONG THE CENTERLINE OF SAID HIGHWAY, NORTH 26 DEGREES 24
MINUTES EAST 750.97 FEET TO ENGINEER'S STATION 464+01.02; THENCE SOUTHEASTERLY -
TO THE TRUE POINT OF BEGINNING.
Exhibit A - page 3
377
EXCEPTING THEREFROM, THE FOLLOWING PARCELS OF LAND:
(A) BEGINNING AT A POINT IN THE SOUTHWESTERLY LINE OF THAT CERTAIN PARCEL OF
LAND DESCRIBED AS PARCEL f IN DEED FROM MARCO F. FORSTER AND ELIZABETH FORSTER
TO WENDELL K. MC CRACKEN AND HELEN V. MC CRACKEN, RECORDED IN BOOK 1603, PAGE
298 OF OFFICIAL RECORDS, RECORDS OF ORANGE COUNTY, CALIFORNIA, SAID POINT
BEING SOUTH 59 DEGREES 19 MINUTES 20 SECONDS EAST 459.10 FEET -FROM THE MOST
WESTERLY CORNER THEREOF; THENCE SOUTH 59 DEGREES 19 MINUTES 20 SECONDS EAST
257.58 FEET; THENCE SOUTH 2 DEGREES 38 MINUTES 20 SECONDS WEST 208.06 FEET;
THENCE SOUTH 17 DEGREES 51 MINUTES 20 SECONDS WEST 182.71 FEET TO THE
BEGINNING OF A CURVE CONCAVE TO THE NORTHWEST AND HAVING A RADIUS OF 150 FEET
AND A CENTRAL ANGLE OF 54 DEGREES 00 MINUTES 40 SECONDS; THENCE IN A
SOUTHWESTERLY DIRECTION ALONG THE ARC OF THE ABOVE MENTIONED CURVE, 141.40
FEET; THENCE SOUTH 71 DEGREES 52 MINUTES 00 SECONDS WEST 239.97 FEET TO THE
BEGINNING OF A CURVE CONCAVE TO THE NORTH AND HAVING A RADIUS OF 300 FEET AND
A CENTRAL ANGLE OF 23 DEGREES 07 MINUTES 54 SECONDS; THENCE IN A WESTERLY
DIRECTION ALONG THE ARC OF THE ABOVE MENTIONED CURVE, 121.12 FEET; THENCE
NORTH 85 DEGREES 00 MINUTES 06 SECONDS WEST 401.33 FEET; THENCE NORTH 73
DEGREES 30 MINUTES 02 SECONDS WEST 16.62 FEET; THENCE NORTH 39 DEGREES 15
MINUTES 40 SECONDS EAST 1039.24 FEET TO THE POINT OF BEGINNING.
(B) BEGINNING AT THE INTERSECTION OF THE NORTHEASTERLY LINE OF THAT CERTAIN
PARCEL OF LAND DESCRIBED AS PARCEL 8 IN THE DEED RECORDED OCTOBER 6, 1930 IN
BOOK 428, PAGE 75 OF OFFICIAL RECORDS, WITH THE CENTERLINE OF THE CALIFORNIA
STATE HIGHWAY (100 FEET WIDE), AS DESCRIBED IN A QUITCLAIM DEED RECORDED
DECEMBER 29, 1944 IN BOOK 1287, PAGE 462 OF OFFICIAL RECORDS; THENCE SOUTH 35
DEGREES 49 MINUTES 02 SECONDS WEST 341.93 FEET; THENCE SOUTH 20 DEGREES 44
MINUTES EAST 432.01 FEET; THENCE SOUTH 10 DEGREES 26 MINUTES 40 SECONDS EAST
251.43 FEET; THENCE SOUTH 21 DEGREES 29 MINUTES 20 SECONDS WEST 634.52 FEET;
THENCE SOUTH 27 DEGREES 59 MINUTES 50 SECONDS WEST 586.56 FEET TO THE
BEGINNING OF A CURVE CONCAVE TO THE NORTHWEST, HAVING A CENTRAL ANGLE OF 11
DEGREES 47 MINUTES AND A RADIUS OF 400 FEET; THENCE IN A SOUTHWESTERLY
DIRECTION, ALONG THE ARC OF THE ABOVE MENTIONED CURVE, 82.26 FEET; THENCE
SOUTH 39 DEGREES 46 MINUTES 50 SECONDS WEST 102.53 FEET TO THE BEGINNING OF A
CURVE CONCAVE TO THE SOUTHEAST, HAVING A CENTRAL ANGLE OF 28 DEGREES 16
MINUTES 50 SECONDS AND A RADIUS OF 200 FEET; THENCE SOUTHWESTERLY AND
SOUTHERLY ALONG THE ARC OF THE LAST MENTIONED CURVE, 98.72 FEET; THENCE SOUTH
1i DEGREES 30 MINUTES 00 SECONDS WEST 136.18 FEET TO THE BEGINNING OF A CURVE
CONCAVE TO THE NORTHEAST, HAVING A. CENTRAL ANGLE OF 85 DEGREES 00 MINUTES 02
SECONDS AND A RADIUS OF 100 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF THE
LAST MENTIONED CURVE, 148.35 FEET; THENCE SOUTH 73 DEGREES 30 MINUTES 02
SECONDS EAST 74.0.1 FEET TO A POINT, SAID POINT BEING THE TRUE POINT OF
BEGINNING OF THE HEREIN DESCRIBED LAND; THENCE FROM SAID TRUE POINT OF
BEGINNING, SOUTH 73 DEGREES 30 MINUTES 02 SECONDS EAST 71.67 FEET; THENCE
SOUTH 85 DEGREES 00 MINUTES 06 SECONDS EAST 200.15 FEET; THENCE SOUTH 40
DEGREES 17 MINUTES 40 SECONDS EAST 158.73 FEET; THENCE SOUTH 3 DEGREES 04
MINUTES 20 SECONDS WEST 149.85 FEET; THENCE SOUTH 51 DEGREES 07 MINUTES 20
SECONDS WEST 146.40 FEET; THENCE SOUTH 63 DEGREES 12 MINUTES 20 SECONDS WEST
69.65 FEET; THENCE SOUTH 83 DEGREES 07 MINUTES 20 SECONDS WEST 127.60 FEET;
THENCE NORTH 71 DEGREES 47 MINUTES 40 SECONDS WEST 110.65 FEET; THENCE NORTH
DEGREE 22 MINUTES 20 SECONDS EAST 251.90 FEET; THENCE NORTH 13 DEGREES 42
MINUTES 10 SECONDS EAST 165.39 FEET TO THE TRUE POINT OF BEGINNING.
(C) BEGINNING AT A POINT WHICH BEARS SOUTH 49 DEGREES 59 MINUTES 20 SECONDS
WEST 706.1( FEET, AND THENCE NORTH 59 DEGREES 19 MINUTES 20 SECONDS WEST
167.89 FEET FROM THE MOST EASTERLY CORNER OF PARCEL 1 OF THE LAND DESCRIBED IN
Exhibit A - page 4
378
THE DEED TO WENDELL K. MC CRACKEN AND OTHERS, RECORDED DECEMBER 30, 1947 IN -
BOOK 1603, PAGE 298 OF OFFICIAL RECORDS; RUNNING THENCE FROM SAID POINT OF
BEGINNING, NORTH 59 DEGREES 19 MINUTES 20 SECONDS WEST 301.23 FEET; THENCE
SOUTH 2 DEGREES 38 MINUTES 20 SECONDS WEST 208.06 FEET; THENCE SOUTH 17
DEGREES 21 MINUTES 40 SECONDS EAST 153.30 FEET; THENCE NORTH 17 DEGREES 51
MINUTES 20 SECONDS EAST 29.42 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE
EAST, HAVING A CENTERLINE RADIUS OF 150.00 FEET, AND CENTRAL ANGLE OF 36
DEGREES 48 MINUTES 30 SECONDS; THENCE IN A NORTHERLY DIRECTION, ALONG THE ARC
OF THE ABOVE MENTIONED CURVE, 96.36 FEET; THENCE NORTH 54 DEGREES 39 MINUTES
50 SECONDS EAST 91.28 FEET; THENCE NORTH 62 DEGREES 38 MINUTES 20 SECONDS EAST
93.90 FEET TO THE POINT OF BEGINNING.
(D) COMMENCING AT THE INTERSECTION OF THE NORTHEASTERLY LINE OF THAT.CERTAIN
PARCEL OF LAND DESCRIBED IN PARCEL 8 IN THE DEED RECORDED OCTOBER 6, 1930 IN
BOOK 428, PAGE 75 OF OFFICIAL RECORDS IN SAID OFFICE, (ALSO BEING THE
NORTHEASTERLY LINE OF SAID LOT 8), WITH THE CENTERLINE OF THE CALIFORNIA STATE
HIGHWAY (100 FEET WIDE), AS DESCRIBED IN DEED RECORDED IN BOOK 1298, PAGE 372
OF SAID OFFICIAL RECORDS; THENCE ALONG SAID CENTERLINE, SOUTH 36 DEGREES 37
MINUTES 34 SECONDS WEST 341.93 FEET TO THE TRUE POINT OF BEGINNING OF THIS
DESCRIPTION; THENCE SOUTH 19 DEGREES 55 MINUTES 28 SECONDS EAST 134.41 FEET;
THENCE SOUTH 56 DEGREES 33 MINUTES 06 SECONDS WEST 9.71 FEET; THENCE NORTH 53
DEGREES 22 MINUTES 26 SECONDS WEST 30.08 FEET TO A POINT ON A LINE PARALLEL
WITH AND DISTANT SOUTHEASTERLY 79.00 FEET, MEASURED AT RIGHT ANGLES FROM SAID
CENTERLINE, SAID POINT BEING OPPOSITE ENGINEER'S STATION 461+46.90; THENCE
ALONG SAID PARALLEL LINE, SOUTH 36 DEGREES 37 MINUTES 34 SECONDS WEST 1500.00
FEET TO A POINT OPPOSITE ENGINEER'S STATION 446+46.98 OF SAID CENTERLINE;
THENCE LEAVING SAID PARALLEL LINE, SOUTH 31 DEGREES 19 MINUTES 36 SECONDS WEST _
1818.78 FEET; THENCE SOUTH 16 DEGREES 55 MINUTES 16 SECONDS WEST 137.47 FEET;
THENCE SOUTH 53 DEGREES 28 MINUTES 47 SECONDS EAST 467.53 FEET; THENCE SOUTH
15 DEGREES 38 MINUTES 32 SECONDS WEST 259.62 FEET; THENCE SOUTH 47 DEGREES 28
MINUTES 28 SECONDS WEST 685.78 FEET; THENCE SOUTH 5 DEGREES 15 MINUTES 42
SECONDS WEST 380.21 FEET; THENCE SOUTH 33 DEGREES 25 MINUTES 42 SECONDS EAST
350.49 FEET TO A POINT ON THE LINE DESCRIBED IN DEED TO MARCO F. FORSTER AND
ELIZABETH J. FORSTER, RECORDED IN BOOK 856, PAGE 70 OF SAID OFFICIAL RECORDS,
AS HAVING A BEARING SOUTH 76 DEGREES WEST, DISTANT EASTERLY 515.82 FEET FROM
THE WESTERLY TERMINUS OF SAID LINE; THENCE ALONG SAID LINE, SOUTH 76 DEGREES
48 MINUTES 32 SECONDS WEST 515.82 FEET TO A POINT IN THE EASTERLY LINE OF THE
CALIFORNIA STATE HIGHWAY, AS SHOWN ON SAID MAP; THENCE ALONG SAID EASTERLY
LINE, NORTH 5 DEGREES 50 MINUTES 02 SECONDS EAST 238.00 FEET, MORE OR LESS, TO
THE INTERSECTION WITH THE EASTERLY LINE OF THE PRYOR HOMESTEAD, AS DESCRIBED
IN DECREE RECORDED IN BOOK 7, PAGE 31 OF HOMESTEADS IN THE OFFICE OF THE
COUNTY RECORDER LOS ANGELES COUNTY, CALIFORNIA; THENCE ALONG SAID EASTERLY
LINE OF SAID PRYdk HOMESTEAD, IN A GENERAL NORTHERLY DIRECTION TO THE
INTERSECTION OF Si1ID EASTERLY LINE WITH THE CENTERLINE OF THE CALIFORNIA STATE
HIGHWAY, AS SHOWN ON SAID MAP; THENCE IN A GENERAL NORTHEASTERLY DIRECTION.
ALONG SAID LAST MENTIONED CENTERLINE TO ENGINEER'S STATION 464+01.02; THENCE
SOUTHEASTERLY TO THE POINT OF BEGINNING.
(E) COMMENCING AT THE MOST SOUTHERLY CORNER OF PARCEL 13, AS SHOWN ON THE
RECORD OF SURVEY MAP RECORDED IN BOOK 49, PAGE 24 OF RECORD OF SURVEYS IN THE
OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA; THENCE NORTH 59
DEGREES 19 MINUTES 20 SECONDS WEST 167.89 FEET ALONG THE SOUTHWESTERLY
BOUNDARY OF SAID PARCEL 13; THENCE SOUTH 1 DEGREE 09 MINUTES 20 SECONDS EAST
133.47 FEET; THENCE SOUTH 29 DEGREES 54 MINUTES 20 SECONDS EAST 114.93 FEET;
THENCE NORTH 79 DEGREES 42 MINUTES 40 SECONDS EAST 62.64 FEET; THENCE NORTH 9
DEGREES 03 MINUTES 50 SECONDS WEST 70.39 FEET; THENCE NORTH 26 DEGREES 54
Fxhibit A - ni o p r;
379
'-' MINUTES 40 SECONDS FAST 74.81 FEET TO THE POINT OF BEGINNING.
(F) BEGINNING AT THE NORTHEASTERLY TERMINUS OF THAT CERTAIN COURSE DESCRIBED
IN THE DEED TO THE STATE OF CALIFORNIA, RECORDED IN BOOK 4248, PAGE 286,
OFFICIAL RECORDS, IN SAID OFFICE, AS HAVING A BEARING AND DISTANCE OF "SOUTH
31 DEGREES 19 MINUTES 36 SECONDS WEST, 1018.78 FEET'; THENCE ALONG SAID
CERTAIN COURSE, SOUTH 31 DEGREES 19 MINUTES 36 SECONDS WEST i00.43 FEET;
THENCE NORTH 39 DEGREES 54 MINUTES 08 SECONDS EAST 100.16 FEET; THENCE NORTH
38 DEGREES 03 MINUTES 30 SECONDS EAST 200.06 FEET; THENCE NORTH 35 DEGREES 11
MINUTES 38 SECONDS EAST 400.12 FEET; THENCE NORTH 36 DEGREES 37 MINUTES 34
SECONDS EAST 359.76 FEET TO THE EASTERLY LINE OF A 60.00 -FOOT STRIP OF LAND AS
DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA, RECORDED IN BOOK 2E:, PAGE
243 OF DEEDS IN SAID OFFICE; THENCE ALONG SAID EASTERLY LINE NORTH 27.DEGREES
12 MINUTES 32 SECONDS EAST 61.ti FEET TO THAT CERTAIN COURSE DESCRIBED IN
FIRST MENTIONED DEED AS HAVING A BEARING AND DISTANCE OF 'SOUTH 36 DEGREES 37
MINUTES 34 SECONDS WEST, 1500.00 FEET'; THENCE ALONG LAST MENTIONED CERTAIN
COURSE, SOUTH 36 DEGREES 37 MINUTES 34 SECONDS WEST 1820.85 FEET TO THE POINT
OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION INCLUDED WITHIN THE LAND CONVEYED IN SAID
DEED TO THE STATE OF CALIFORNIA, RECORDED IN BOOK 4800, PAGE 195, OFFICIAL
RECORDS.
(G) BEGINNING AT A POINT IN SAID CERTAIN COURSE DESCRIBED IN PARCEL (F) ABOVE
AS HAVING A DISTANCE OF 1018.78 FEET, DISTANT THEREON NORTH 31 DEGREES 19
MINUTES 36 SECONDS EAST 96.42 FEET FROM THE SOUTHWESTERLY TERMINUS OF SAID
LAST MENTIONED CERTAIN COURSE; THENCE NORTH 38 DEGREES 37 MINUTES 52 SECONDS
EAST 193.79 FEET; THENCE NORTH 16 DEGREES 39 MINUTES 26 SECONDS EAST 97.29
FEET TO SAID LAST MENTIONED CERTAIN COURSE; THENCE ALONG SAID LAST MENTIONED
CERTAIN COURSE, SOUTH 31 DEGREES 19 MINUTES 36 SECONDS WEST 286.34 FEET TO THE
POINT OF BEGINNING.
(H) BEGINNING AT THE NORTHWESTERLY TERMINUS OF THAT CERTAIN COURSE DESCRIBED
IN SAID DEED RECORDED IN SAID BOOK 4248, PAGE 286, AS HAVING A BEARING AND
DISTANCE OF 'SOUTH 33 DEGREES 25 MINUTES 42 SECONDS EAST, 350.49 FEET'; THENCE
ALONG SAID LAST MENTIONED CERTAIN COURSE, SOUTH 33 DEGREES 25 MINUTES 42
SECONDS EAST 27.40 FEET; THENCE NORTH 4 DEGREES 41 MINUTES 55 SECONDS EAST
218.15 FEET; THENCE NORTH 3 DEGREES 44 MINUTES 43 SECONDS WEST 95.73 FEET TO A
POINT IN THAT CERTAIN COURSE DESCRIBED IN LAST SAID DEED AS HAVING A BEARING
AND DISTANCE OF 'SOUTH 5 DEGREES 15 MINUTES 42 SECONDS WEST, 380.21 FEET';
DISTANT THEREON NORTH 5 DEGREES 15 MINUTES 42 SECONDS EAST 291.29 FEET FROM
THE POINT OF BEGINNING; THENCE ALONG SAID LAST MENTIONED CERTAIN COURSE, SOUTH
5 DEGREES 15 MINUTES 42 SECONDS WEST 291.29 FEET TO THE POINT OF BEGINNING.
(I) THAT PORTION OF SAID LAND CONVEYED TO THE STATE OF CALIFORNIA BY DEED
RECORDED AUGUST 30, 1971 IN BOOK 9782, PAGE 185, OFFICIAL RECORDS.
(J) THAT PORTION OF SAID LAND CONVEYED TO JERRY W. NEELY AND NANCY C. NEELY,
HUSBAND AND WIFE, BY DEED RECORDED OCTOBER 20, 1977 IN BOOK 12423, PAGE 126,
OFFICIAL RECORDS.
THE ABOVE DESCRIBED PARCELS OF LAND ARE SHOWN ON MAP RECORDED IN BOOK 163,
PAGES 8 TO 12 INCLUSIVE OF RECORD OF SURVEY MAPS IN THE OFFICE OF THE COUNTY
RECORDER OF SAID ORANGE COUNTY.
PARCEL C:
Exhibit A - page 6
380
PARCEL 2, IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS SHOWN ON A MAP FILED. IN BOOK 153, PAGES 12 TO 14 INCLUSIVE OF
PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, CALIFORNIA.
EXCEPTING THEREFROM, AN UNDIVIDED ONE-HALF INTEREST IN AND TO ALL OIL, GAS AND
OTHER HYDROCARBON SUBSTANCES IN, UPON AND UNDER SAID LAND, TOGETHER WITH
ONE-HALF OF ALL RENTALS, ROYALTIES, BONUS PAYMENTS, AND OTHER THINGS OF VALUE,
NOW OR HEREAFTER ACCRUING FROM SAID UNDIVIDED ONE-HALF INTEREST IN AND TO SAID
SUBSTANCES, AS RESERVED BY HOWARD L. KRUM AND FAY WILSON KRUM, HUSBAND AND
WIFE, BY DEED RECORDED JUNE 6, 1956 IN BOOK 3538, PAGE 550, OFFICIAL RECORDS,
AND RE-RECORDED JULY 20, 1956 IN BOOK 3584, PAGE 339, OFFICIAL RECORDS.
PARCEL D:
THAT PORTION OF LOTS 7 AND 13, IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 4, PAGE 15 OF
RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE TRUE POINT OF BEGINNING DESCRIBED IN A DEED TO DARMI, INC.,
RECORDED JANUARY 9, 1962 AS INSTRUMENT NO. 5572, IN BOOK 5969, PAGE 672,
OFFICIAL RECORDS OF SAID ORANGE COUNTY, SAID POINT OF BEGINNING BEING THE
SOUTHERLY TERMINUS OF A COURSE DESCRIBED AS SOUTH 22 DEGREES 45 MINUTES 00
SECONDS WEST 2043.78 FEET IN SAID DEED, SAID POINT ALSO BEING AN ANGLE POINT
IN THE NORTHERLY LINE OF SAID LOT 7; THENCE SOUTH 74 DEGREES 20 MINUTES 00
SECONDS WEST 617.11 FEET TO THE NORTHEASTERLY CORNER OF SAID LOT 13; THENCE -
SOUTH 62 DEGREES 30 MINUTES 45 SECONDS WEST 1127.52 FEET; THENCE SOUTH 61
DEGREES 04 MINUTES 00 SECONDS WEST 1300.17 FEET; THENCE SOUTH 76 DEGREES 00
MINUTES 00 SECONDS WEST 239.56 FEET TO THE NORTHEASTERLY CORNER OF THE LAND
DESCRIBED IN DEED TO THE STATE OF CALIFORNIA, RECORDED OCTOBER 19, 1955 IN
BOOK 3250, PAGE 470, OFFICIAL RECORDS OF SAID ORANGE COUNTY; THENCE ENTERING
SAID LOT 13, ALONG THE BOUNDARY LINE OF THE LAND DESCRIBED IN SAID DEED TO
SAID STATE OF CALIFORNIA, SOUTH 34 DEGREES 14 MINUTES 14 SECONDS EAST 251.45
FEET; THENCE SOUTH 41 DEGREES 11 MINUTES 00 SECONDS EAST 438.72 FEET; THENCE
SOUTH 25 DEGREES 30 MINUTES 17 SECONDS EAST 293.69 FEET, MORE OR LESS, TO A
POINT IN THE LINE THAT IS THE MOST WESTERLY ANGLE POINT IN THE BOUNDARY OF
LAND DEEDED TO DARMI, INC., A CALIFORNIA CORPORATION, IN DEED RECORDED JANUARY
9, 1962 AS INSTRUMENT NO. 5572, IN BOOK 5969, PAGE 672, OFFICIAL RECORDS OF
SAID COUNTY; THENCE ALONG SAID DRMI, INC. BOUNDARY LINE, THE FOLLOWING COURSES
AND DISTANCES: NORTH 78 DEGREES 00 MINUTES 00 SECONDS EAST 2200.00 FEET, AND
NORTH 22 DEGREES 00 MINUTES 00 SECONDS EAST 1200.00 FEET; THENCE LEAVING SAID
DARMI, INC. DEED LINE, NORTH 17 DEGREES 40 MINUTES 41 SECONDS WEST 637.14
FEET, MORE OR LESS, TO THE POINT OF BEGINNING.
EXCEPT THEREFROM THAT PORTION DESCRIBED IN THE DEED TO THE CITY OF SAN JUAN
CAPISTRANO, RECORDED JULY 30, 1970 IN BOOK 9361, PAGE 34 OF OFFICIAL RECORDS.
ALSO EXCEPT THEREFROM AN UNDIVIDED ONE-HALF INTEREST IN ALL THE OIL, GAS AND
OTHER HYDROCARBON SUBSTANCES, IN, UPON AND UNDER SAID LAND, TOGETHER WITH THE
INCOME ACCRUING THEREFROM, AS RESERVED BY HOWARD L. KRUM AND FAY WILSON KRUM,
HUSBAND AND WIFE, BY DEED RECORDED JUNE 8, 1956 IN BOOK 3538, PAGE 550,
OFFICIAL RECORDS, AND RE-RECORDED JULY 20, 1956 IN BOOK 3584, PAGE 339, _
OFFICIAL RECORDS.
A .., 7