AGR-6938 - FRASER FAMILY PROPERTIES LLC - GREASE INTERCEPTOR ENCROACHMENT AGREEMENTR-b938
Recorded in O cial Records, Orange County
Hugh Nguyen, Clerk-Recorder
RECORDING REQUESTED BY IIIIIII IIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIII NO FEE
AND WHEN RECORDED MAIL TO: R 0 0 1 1 4 4 8 0 4 7 S +
2020000039603 3:18 pm 01129120
Ciry Clerk 93 416A Al2 18
City of Orange 0.00 0.00 0.00 0.00 51.00 0.00 0.000.000.00 0.00
300 East Chapman Aveuue
Orange,CA 92866
SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY.]
118 W.Chapman Avenue, Orange CA GJ
S.E.Comer Chapman Ave.&Olive St.1 `,
A.P.N.390-664-02 R
THIS DOCUMENT IS EXEMPT FROM:
RECORDING FEES PER GOVT
CODE§§6103 AND 27383.
DOCUMENTARY TRANSFER
TAX PER REV&TAXATION
CODE§ 11922
GREASE INTERCEPTOR
ENCROACHMENT AGREEMENT
Dated as of January 24. 2020
by and beriveen
CITY OF ORANGE,
a municipal corporafion,
and
FRASER FAMILY PROPERTIES,LLC,a California limited liabiliTy company
UW# -//
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ENCROACHbIENT AGREEMENT
THIS ENCROACHMENT AGREEMENT("AgreemenY')is entered into as of January 24,
2020, by and between the CITY OF ORANGE, a municipal corporation ("City"), and FRASER
FAMILY PROPERTIES,LLC,a California limited liabiliTy company("Permittee"),with reference
to the following matters:
A. Pernuttee is the owner of that certain real property and improvements, commonly
known as 118 West Chapman Avenue in the City of Orange,County of Orange, State of California
as more specifically described in Exhibit A, attached and incorporated herein ("Permittee's
Property"); and
B. Pernuttee desires to construct an approved type and adequately sized Grease
Interceptor and related faciliUes as fiuther defined in Section l.a,below,under a portion of a public
right-of-way owned, operated and maintained by City as a public street and commonly known as
Olive Street, which Grease Interceptor will connect to the sewer line running from the main line
sewer to any and all"Food Service Establishments"("FSEs"),as defined in Section 13.66.020 of the
Orange Municipal Code ("OMC") that occupy or may occupy all or any portion of Permittee's
Property during the term of this Agreement. The portion of Olive Street which is the subject of this
Agreement is described on Exhibit B attached and incorporated herein,and generally depicted on the
map attached hereto as E ibit C and incorporated herein(collectively,"Encroachment Area");and
C. Permittee desires to obtain from CiTy an encroachment pemut in,on,over and under
Encroachment Area pursuant to the provisions of OMC Chapter 12.64 (Encroachments in the Public
Rights-of-Way) for the purpose of installing, operating and maintaining the Grease Interceptor,
which is necessary for any FSEs that occupy or may occupy any portion of Permittee's Property
during the term of this Agreement to maintain compliance with OMC Chapter 13.66(Fats,Oils and
Grease Regulations) ("FOG Regulations"); and
D. City desires to pemut Pernuttee to encroach upon Encroachment Area for the
installation, opera6on and maintenance of the Crrease Interceptor pursuant to the terms of this
Agreement; and
E. Accordingly,the parties desire to define the azeas of responsibility involved with the
issuance of a permit to encroach upon Encroachment Area and with the installation, operation and
maintenance of the Grease Interceptor in, on, over and under Encroachment Area.
NOW,THEREFORE, IT IS AGREED by City and Pemuttee as follows:
1. Grant of Encroachment.
a. Pursuant to the terms and provisions of OMC Chapter 12.64, City hereby grants to
Pemuttee and its successors and assigns and any oftheir employees,agents and tenants("Pemuttee's
Designees") pemussion to use Encroachment Area, at Permittee's sole cost and expense, for: (i)
constructing, installing, inspecting, finishing, operating, maintaining, repairing, altering,
reconstructing and replacing ("installation, operation and maintenance") an approved type and
adequately sized grease interceptor, including, without limitation, the installation, operation and
maintenance of any grease trap or other mechanism, device and related equipment and facilities
which attach to,or are applied to,wastewater plumbing fixtures and lines(collectively;the"Grease
Interceptor")beneath the surface of City's Property as defined below and within EncroachmentArea,
the purpose of which is to trap, collect or treat"Fats, Oils and Grease" ("FOG") as defined in the
FOG Regulations from Permittee's Proper[y,in general,and any and all FSEs occupying anyportion
of Permittee's Property, in particular, prior to it being discharged into the sewer system; (ii)
incidental rights of ingress and egress over and across portions of City's street right-of-way("Ciry's
Property") on Olive S[reet located above Encroachment Area and immediately adjacent to
Encroachment Area to the extent determined by City's Director of Public Works ("Director")
necessary to facilitate the installation, operation and maintenance of the Grease Interceptor and
Encroachment Area for the duration of this Agreement and in accordance with a schedule to be
approved by the Director and upon such terms and conditions as the Director may require; and(iii)
any purposes which may be reasonably related to any of the foregoing,subject to the provisions and
conditions set foRh herein.
b. Permittee hereby agrees, at its sole cost and expense, to perform, or cause to be
performed, all work required or permitted by this Agreement in accordance with (i) plans and
specifications therefor to be prepared by Permittee and approved by City, and (ii) City's standard
procedures and subject to compliance with all applicable federal, state and local statutes and
regulations, including, without limitation, OMC Chapter 12.64 and the FOG Regulations.
c. In connection with the installation of the Grease Interceptor, Permittee hereby
covenants on behalf of itself,Permittee's Designees, and its successors and assigns as follows:
i) that it shall commence and complete construction ofthe Grease Interceptor in
accordance with a schedule to be agreed upon between City and Permittee;
and
ii) that it shall perform all work required or permitted by this Agreement in a
manner so as to cause as minimal inconvenience and interference with
Permittee and any other users of City's Property, as is prac[icable, and only
with all necessary or appropriate provisions for the safety and convenience of
all persons potentially affected thereby; and
iii) that it shall replace and/or restore any area of City's Property affected by its
work br other acts unde this Agreement,whether located within or outside
Encroachment Area,which is not improved with the Grease Interceptor.
d. The rights granted Permittee shall be appurtenant to Permittee's Property. In
exercising the incidental rights of ingress and egress over and across a podion of City's Property for
the installation, operation and maintenance of Encroachment Area and the Grease Interceptor,
Permittee must use reasonable care and shall restore City's Properry to the condition it was in on the
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date prior to the date any such work is performed by Permittee, or caused to be performed by
Permittee,in,on,over and under Encroachment Area or City's Property. Such restoration work shall
specifically include, but is not limited to,repair or replacement of any pavement,curbs and gutters,
structures, or other improvements on or adjacent to City's Property or Encroachment Area that ue
removed, damaged or destroyed by Permittee or Permittee's Designees. Fur[her, Permittee shall
compensate City for any damage resulting from the exercise of these rights of ingress, egress and
encroachment.
e. This Agreement a d permit provide only a right ofuse oftemporary duration and do
not give Permittee any added interest,title,estate or right of any kind or extent whatsoever,whether
legal or equitable,prescriptive or otherwise,in EncroachmentArea or City's Property,regardless of
how much money is expended on Encroachment Area or the installation,operation and maintenance
thereof or how long this permit runs. Permittee agrees that it will not claim at any time any interest,
estate or right in Encroachment Area or City's Property (or any portion thereo by virtue of this
Agreement and the permit granted hereunder or by vir[ue of Permittee's occupancy, use or
expenditures under this Agreement.
f.City reserves all rights not expressly granted herein, provided that any such use,
enjoyment and operation does not interfere with the use of the permit granted herein.
g. If any portion of Encroachment Area or the Grease Interceptor shall endanger the
public i the use of City's Property or interfere with or obstruct the use of City's Property by the
public or for public pucposes, City shall have the right, after notice as hereinafter provided, to
reasonably require Permittee to alter Encroachment Area or the Grease Interceptor to avoid such
danger, interFerence or obstruction, in conformiTy with the written notice of the Director. The
Director hereby represents to Permittee that, as of the date hereof, he is unawaze of any condition
presently existing which would endanger the public in the use of City's Property or interfere with or
obstruct the use of City's Property by the public or for public purposes.
2. Maintenance. Upon completion of the installation of the Grease Interceptor to City's
satisfaction and continuing thereafter until the expiration or termination ofthis Agreemen[,Permittee
shall have all of the obligations of an owrier and hereby agrees,at its sole cost and expense,to cause
Encroachment Area and the Grease Interceptor to be duly and properlymaintained in good order and
condition,to permit use of Encroachment Area and the Grease Interceptor for the purposes set forth
herein, and to ensure the ongoing main[enance, repair, upkeep and replacement (collectively,
maintenance")of Encroachment Area and the Grease Interceptor whether or not the need for such
maintenance ocwrs as a result ofthe use by Permittee or any third parties,including members ofthe
general public.
3. Term: Termination.
a. The term of this Agreement and the permit granted to Permittee hereunder shall
commence on the date of recordation of this Agreeme t in the Official Records of the County of
Orange, California("Effective Date")and end on the date which is twenty(20)years following the
Effective Date,unless sooner terminated as provided herein.
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b. Upon expiration of said period of time, this Agreement and the permit granted to
Permittee hereunder shall automatically terminate,and shall thereafter be of no further force or eft'ect
whatsoever.
c. City may revoke this permit for any of the reasons described in OMC Section
12.64130, upon ninety (90) days' prior written notice to Permittee, regardless of the amount of
money or improvemenu Permittee may have invested in Permittee's Property or in Encroachment
Area and regardless of the duration of this Agreeme t. Upon the expiration of said ninety(90) day
period,this Agreement and the permit granted to Permittee hereunder shall automatically terminate,
and be ofno further force or effect. Ifthe permit granted by this Agreement is terminated,Permittee
hereby agrees and covenants to immediately remove, or cause to be removed, from Encroachment
Area, at its sole expense and as directed by the Director, any and all improvements, materials and
equipment and to restore Encroachment Area in such manner as the Director may direct or require,
regardless of cost. If Permittee fails to do so after notification by City, Ciry is authorized to either
bring an action in specific performance or to itself enter and, without further notice, remove all
improvements and otherwise cause such removal, and Permittee hereby covenants and agrees to
reimburse City for al I costs so incurred by City,including City's staff time and the time of other City
employees and any outside contractors. In such case, any such unpaid costs of demolition and
restoration shall be and constitute a lien upon Permittee's Property,which obligation shall survive
termination of this Agreement.
4. Grease Interceotor License Fee. Upon Permittee's execution and delivery of this
Agreement to City and in consideration for the grant of this permit,Permittee hereby agrees to,and
shall, pay to Ciry the sum of SEVEN THOUSAND FIVE HUNDRED DOLLARS and 00/100
7,500.00).
5. Encroachment Permit Fee. Upon Permittee's execution and delivery of this Agreement to
City and in consideration for the grant of this permit, Permittee hereby agrees[o, and shall, pay to
City the sum of ONE TT-IOUSAND DOLLARS and 00/100 ($1,000.00).
6. Indemnificatian.
a. Indemnification of Ciri and Indemnified Parties. Permittee, to the fullest extent
permitted by law, hereby agrees to indemnify, defend, and hold harmless, City and its officecs,
employees, contractors and agents (collectively, "Indemnified Par[ies")harmless from and against
any and al]actions,damages,claims,losses and expenses ofevery type and description to which they
may be subjected or put, including reasonable attorneys' fees and costs, by reason of, or resulting
from (i) Permittee's temporary use of City's Property for the installation and maintenance of the
Grease Interceptor,as well as the other purposes enumerated in Section 1,above;(ii)Permittee's or
FSEs'use of Encroachment Area for the Grease Interceptor,(iii)Permittee's negligent perFormance
or willful misconduct under this Agreement; (iv) Permittee's activities or performance under this
Agreement,whether such activities or performance be by Permittee or anyone direcdy or indirectly
employed by or contracted with Permittee, including,but not limited to FSEs; (v)the breach of any
provision of this Agreement by Permittee; (vi) defects in the design of the Grease Interceptor,
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including, without limitation, the violation of any ]aws, and for defects in any work done by
Permittee or FSEs to Encroachment Area or City's Property; (vii)Permittee's or any other entity's
negligent design,engineering,construction,repair or reconstruction of the Grease Interceptor;(viii)
any claims of persons employed by Permittee or its agents to maintain,repair,restore, operate,alter
or reconstruct Encroachment Area or the Grease Interceptor; (ix) [he presence on or under, or the
escape, seepage, leakage, spillage, discharge, emission or release from Encroachment Area and/or
the Grease Interceptor of any FOG or Hazardous Substance as defined below or Hazardous
Substance contamination; (x)the environmental condi[ion of Permittee's Property orEncroachment
Area; and (xi) any liabilities under any govemmental requirements relating to any Hazazdous
Substance on City's Property or Encroachment Area, whether such damage shall accrue or be
discovered before or afrer termination ofthis Agreement. The foregoing indemniry shall not apply to
any claim for injury to persons or property or other claim arising from the negligence or willful
misconduct of Indemnified Parties.
Hazardous Substance" shall mean any material or substance including, but not limited to,
those (i) defined as a hazardous waste, hazardous substance, hazardous material, extremely
hazardous waste or reshicted hazardous waste pursuant to local,state,or federal law;or(ii)found to
be a pollutant, contaminant, hazardous waste or hazardous substance in any reported decision of a
federal or Califomia couR, or which may give rise to liability under any federal or Califomia
common law theory based on nuisance or strict liability.
b. Defense of Claims Asainst Ciri. With respect to any Claim for which City or any
Indemni5ed Party has requested indemnification under subparagraph (a) above, Permittee shall
assume the defense of any related litigation,arbitration or other proceeding,provided that Citymay,
at its election and expense, participate in such defense and provided further that in the event of any
difference of opinion or strategy with respect to the defense of such action or [he asseRion of
counterclaims, with respect thereto, Permittee's counsel will, after consultation with City's legal
counsel, determine the actual strategy, defense and counterclaim to be employed. A[Permittee's
reasonable request,City will cooperate with Permittee in the preparation of any defense to any such
claim, and Permittee will reimburse City promptly for any reasonable expenses incurred in
connection with such request.
c. Possessory Interest Tas and Other Taxes. City hereby gives Permittee notice, and
Permittee acknowledges receipt of such notice, as required pursuant to California Revenue and
Taxation Code Section 107.6, that the property interest created by this Encroachment AgreemeM
may result in a possessory interest tax,and that in such event Permittee shall be obliga[ed to pay such
tax. In addition,Permittee shall be solely responsible for the payment of all other taxes attributable
to Petmittee's occupancy and use of Encroachment Area.
d. The obligations of Permittee under this Section 6 shall survive the termination ofthis
Agreement with respect to any claims or liability.
7. Comnliance With Law. Permittee shall, at its sole cost and expense, and at iu sole risk,
install, operate and maintain the Grease Interceptor in a good and workmanlike manner, and in
compliance with all safety codes,ordinances,standazds,regulations and requirements,now in effect
5
or hereafter promulgated,of the State of California, Ciry of Orange and County of Orange. Neither
City, its City Council and each member thereof, nor City's officers, employees, agents,
representatives, contractors, successors and assigns ("City Related Parties") shall have any
responsibility or liability for the conduct or safety of any of Permittee's agents, contractors,
employees,representatives,members,volunteers or repair and maintenance personnel while in or on
any part of Encroachment Area or City's Properry.
8. Insurance.
a. Permittee shall procure and maintain for the duration of this Agreement insurance
against claims for injuries to persons or damages to property which may arise from or in cormection
with the performance of the work hereunder and the results of that work by Permittee, its agents,
representatives, employees or subcontractors.
b. Permittee shall maintain the following minimum amount of insurance:the greater of
1)the limiu set for[h below;or(2)all ofthe insurance coverage and/or limits carried by or available
to Permittee:
i) Comprehensive general liabi]ity insurance with the premiums thereon fully
paid in advance, issued by an insurance company acceptable to City, such
insurance to afford minimum protection as follows:
Bodi]y Injury 2,000,000 for injury including death to any
person and for all injuries sustained by more
than one person in any one occurrence.
Property Damage 1,000,000 for damage as a result of any
occurrence.
Contractua] Liability $500,000
ii) Workers' compensation insurance with employer's liability in the amounts
xequired by law with respectto Permittee's obligations or any contractor with
whom it has contracted for the performance of work under this Agreement.
c. Permittee agrees that: (1)each such comprehensive general liability insurance policy
shall name City and City Related PaRies as additional insureds; and (2) each such policy shall
contain a provision that it may not.be canceled unless at least ten (10) days prior written notice of
cancellation is given to City.
d. Any insurance proceeds in excess of or broadec than the minimum required coverage
and/or minimum required limits which are applicable to a given loss shall be available to City. No
representation is made that the minimum insurance requirements of this Agreement are sufficient to
cover the obligations of Permittee under this Agreement.
6
e. Any deductibles or self-insueed retentions must be dec]ared to and approved by City.
At the option of City, either. the insurer shall reduce or eliminate such deductibles or self-insured
retentions with respect to City, its officers, officials, agents and employees; or Permittee shall
provide a financial guarantee satisfactory to City guaranteeing payment of losses and related
investigations, claim administration, and defense expenses.
f.For any claims related to this project,Permittee's insurance coverage shall be primary
insurance with respect to City, its officers, officials, agents and employees. Any insurance or self-
insurance maintained by Ciry, its officers, officials, agents and employees shall be excess of
Permittee's insurance and sha(1 not contribute with it.
g. Permittee shall fumish City with original ceRificates of insurance and endorsements
effecting coverage required. The endorsements should be on forms acceptable to City. All
ceRificates and endorsements aze to be received and approved by City before work commences.
However, failure to do so shall not operate as a waiver of these insurance requirements. City
reserves the right to require complete, certified copies of all required insurance policies, including
endorsements effecting the coverage required by these specifications at any time.
h. Permittee shall immediately notify City if any required insurance lapses or is
otherwise modified and cease performance of this Agreement unless otherwise directed by City. In
such a case, City may procure insurance or self-insure the risk and charge Permittee for such costs.
i.Permittee agrees that in the event of loss due to any of the perils for which it has
a eed to provide insurance, Permittee shall look solely to its insurance for recovery. Permittee
hereby grants to City, on behalf of any insurer providing insurance to either Permittee or City with
respect to the performance of Permittee herein,a waiver of any right to subrogation which any such
insurer may acquire against City by vir[ue of the payment of any loss under such insurance.
j.Permittee shall require and verify that all subcontractors maintain insurance meeting
all of the requirements stated herein.
9. Default. City has entered in[o this Agreement upon the condition that Permittee shall
punctually and faithfully perform all of Permittee's covenants, conditions and agreements.
Permittee's performance of each of its obligations under this Agreement is a condition as well as a
covenant, and Permittee's right to continue use of Encroachment Area is conditioned upon such
per£ormance. Permittee shall be in default("Default")under this Agreement if it fails to perform any
of the covenants found in this Agreement applicable to it and such Default shall not have been
remedied within a period of thirly (30) days after written notice from City of any such Default;
provided that if more than thirty (30) days are required to complete such per£ormance, Permittee
shall not be in Default if it commences such performance within the thirty (30) day period and
thereafrer diligently pursues its completion. The notice required herein is intendedto satisfy any and
all notice requirements imposed by]aw on City and is not in addition to any such requirement.
10. Partial Invaliditv. If any term or provision of this Agreement,or the application thereof to
any person or circumstance,shall to any extent be determined as imalid or unenforceable by a court
7
of competent jurisdiction, the remainder of this Agreement or the application of such term or
provision to persons or circumstances other than those as to which it is invalid or unenforceable,
shall not be affected thereby, and each term and p ovision of this Agreement shall be valid and _
enforced to the fullest extent permitted by law.
11. Non-Waiver. Failure of City to insist upon strict performance of any of the conditions,
covenants,terms or provisions of this Agreement or to exercise any of its rights hereunder shall not
waive such rights,but City shall have the right to enforce such rights at any time and take such action
as might be lawful or authorized hereunder,either in law or in equity. The receipt of any sum paid
by Permittee to City after a breach of this Agreement shall not be deemed a waiver of such breach
unless expressly set forth in writing by City.
12. Successors and Assiens. It is understood and agreed that this Agreement is for the sole and
exclusive benefit of the parties hereto and the respective grantees andlor successors-in-interest of
Permittee;and no rights of any kind are hereby conferred upon any third par[y,nor is any third par[y
beneficiary created or to be created by virtue of anything contained herein. Each of the grants,
permits, reservations, terms,covenants and agreements set for[h herein shall be binding upon, and
inure to the benefit of,the successors and assigns of each party hereto;provided,however, that no
assignment of the Agreement shall be made without the prior written consent of the parties to the
Agreement,which consent may not be unreasonablywithheld. Nothing contained in this Agreement,
nor any acts of the parties hereto or by any third party, shall be deemed or construed to create the
relationship ofprincipal and agent,or a partnership,or a joint venture,or of any association behveen
the parties to this Agreement.
13. Time of Essence. Time is of the essence with respect to the performance of every
provision of this Agreement in which time or performance is a factor.
14. Transfer and Assienment. .Any corporation or person which succeeds to Permittee's
Properry shall be entitled to the rights and shall be subject to the obligations of its predecessor in title
under this Agreement. City shall receive written notice of any such transfer or assignment at least
5ve (5) days prior to the effective date thereof.
15. Foreclosure. Should any portion of Permittee's Property be sold under a foreclosure of any
mortgage or under the provisions of any deed of trust or be conveyed by deed in lieu of foreclosure,
the purchaser at such sale or grantee of such deed and his successors and assigns shall hold any and
all property so purchased subject to all the provisions ofthis Agreement.
16. Intearation; Amendmen4. This Agreement constitutes the entire agreement between the
paRies conceming the subject matter hereof, and shall supersede all prior agreements, whether
written or oral. Any amendment to this Agreement must be in writing and signed by all parties.
17. Notices. All notices required or permitted hereunder shall be deemed given when deposited
in the United States Mail,postage prepaid,by first class,registered or cedified mail,addressed to the
parties as follows:
8
If to City: City of Orange
300 E. Chapman Avenue
Orange, California 92866
Attention: Director of Public Works
Facsimile: 714-744-5573
With a copy to: Office of the City Attorney
300 E. Chapman Avenue
Orange, CA 92866
Attention: City Attorney
Facs imile: 714-53 8-7157
If to Permittee: Fraser Family Properties,LLC
c/o Rod Fraser Enterprises, Inc.
1320 N. Manzanita Street
Orange, California 92867
Any party may change its address under this Section by written notice to the o[her party.
18. Governin¢ Law and Venue. This Agreement shall be construed in accordance with and
governed by the laws of the State of Califomia and Permit[ee agrees to submit to thejurisdiction of
Califomia courts. Venue for any dispute arising under this Agreement shall be in Orange County, "
Califomia.
19. Recordatioa City shall at its sole cost record this Agreement in the Official Records of
Orange County when executed aad duly acknowledged by all parties and consenting and joining
signatories.
Remainder ojpage intentionally lejt blank;signatures on next pageJ
IN WITNESS WFIEREOF,the parties have caused this Agreement to be exewted as of
the day and yeaz above first written.
CIT'Y OF ORANGE, a municipal corporation
By:
Christopher S . Cash
Director of Public Works
APPROVED AS TO FORM:
Mary E. B ning
Senior Assistant City Attorn
THE PERMITTEE HEREBY ACCEPTS THE FOREGOING PERMIT AND AGREES TO
BE BOUND BY ALL OF THE TERMS AND CONDITIONS THEREOF.
FRASER FAMILY PROPERTIES,LLC,a Califomia
limited liability company
By: _
Roderick A. Fraser II
10
CALIFORNIA ALL-PURPOSE 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 truthtulness,accuracy,or validity of that document.
State of Califomi
County of
p/) 1
On a d before e, .W-1 Y"\U J(Ii1 B At
te Here I rt Narne and Title of the Officer
personally appeared
Nsme(s)o/Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(sj is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(es),and that by his/I erfth@ir signature(s)on the instrument the person(s),
or the entiry upon behalf of which the person(s)act d, execbted the Instrument.
I ceRify under PENALI'Y OF PERJURY under the laws
of the State of Cal omia that the foregoing paragraph
is true and correct.
6ENEICE'INY BTEPAI ENkO' y ITNESS my hand and official seal.
Nopty Pi lk-CtllPomi _
z . Onnp CWMY s
oCammlflon2750117Signatur
M Comm.Fx ka M 1,2020
r
Signat of Not ry Public
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this infortnafion 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: Number of Pages:
Signer(s) Other Than Named Above:
Capacky(ies)Clai ed by Signer(s)
Signer's Name: Signer's Name:
Corporate Office — Title(s): Corporate Officer — Title(s):
Partner — Limited General Partner — Limited General
Individual Attorney in Fact Individual Attomey in Fact
hustee Guardian or Conservator Trustee Guardian or Conservator
Other. Other.
Signer Is Representing: Signer Is Representing:
2015 National Notary Association •www.NationalNotary.org • 1-B00-US NOTARY(1-800-876-682 Item#5907
EXI3IBIT "A"
LEGAL DESCRIPTION OF PERMITTEE'S PROPERTY
ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF ORANGE, COUNTY
OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
Behind this sheet.]
IN THE CITY OF ORANGE
EXHIBIT"A"
LEGAL DESCRIPTION OF PERMITTEE'S PROPERN
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF ORANGE,STATE OF
CALIFORNIA,AND IS DESCRIBED AS FOLLOWS:
THE WEST 54 FEET OF LOTS 11 AN D 12 IN BLOCK"G" OF THE TOW N OF ORANGE, IN THE CI7Y OF
ORANGE,COUNN OF ORANGE,STATE OF CALIFORNIA,AS SHOWN ON A MAP RECORDED IN BOOK 2,
PAGES 630 AND 631 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNN,CALIFORNIA.
LEGAL DESCRIPTION PREPARED UNDER THE SUPERVISION OF:
B S. GLA . . 87934
O QROFESS/O,yq!
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F,
oe
S .
GC FZ
m 9m m
C 87934 p
it
9rF crv o-
F cA E
Page 1 of 1
EXHIBIT "B"
LEGAL DESCRIPTION OF ENCROACHMENT AREA
Behind this sheet.]
IN THE CITY OF ORANGE
EXHIBIT"B"
ENCROACHMENT LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF ORANGE,STATE OF
CALIFORNIA,AND IS DESCRIBED AS FOLLOWS:
COMMENCING ATTHE NORTHWESTCORNER OF LOTil IN BLOCK"G"OFTHE TOWN OF ORANGE, IN
THE CITY OF ORANGE,COUNN OF ORANGE,STATE OF CALIFORNIA,AS SHOWN ON A MAP RECORDED
IN BOOK 2,PAGES 630 AND 6310F MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY,CALIFORNIA;
THENCE SOUTH 00°03'23"WEST 79.85 FEETTO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION;
THENCE NORTH 89°56'37"WEST 12.64 FEET;
THENCESOUTH 00°03'23"WEST22.19 FEET;
THENCE SOUTH 89°56'37" EAST 12.64 FEET;
THENCE NORTH 00'03'23"EAST22.19 FEETTOTHE TRUE POINTOF BEGINNING.
CONTAINING AN AREA OF APPROXIMATELY 281 SQUARE FEET OR 0.006 ACRES.
AS SHOWN ON THE ATTACHED EXHIBIT"C"AND BYTHIS REFERENCE MADE A PART HEREOF.
SUBIECTTO EASEMENTS,COVENANTS,CONDITIONS,RESTRICTIONS, RESERVATIONS, RIGHTS, RIGHTS-
OF-WAY AND OTHER MATTERS OF RECORD, IF ANY.
LEGAL DESCRIPTION PREPARED UNDERTHE SUPERVISION OF:
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Page 1 of 1
EXHIBIT "C"
MAPS DEPICTING ENCROACHMENT AREA
Behind this sheet.]
BASIS OF BEARINGS:
THE BEARING OF NORiH o paoFsss p,(
89°59'24"WEST, BEING 7HE e o0 c .^y
CENTERLINE MAPLE AVENUE, y r. CHAPMAN AVE•
y 9m n
BETWEEN FOUND MONUMENiS ,- y p
ATLEMONSiREETANDOLIVE N89°5723E
SiREEI; AS SHOWN ON A MAP s r
FILED IN BOOK 104, PAGES 37 i., c v .
THROUGH39, OFRECORDSOF eoF CA``fo
SURVEY, IN iHE OFFICE OFTHE
COUNiY RECORDER OF
ORANGE COUNTY, WAS USED
AS THE BASIS OF BEARINGS P.O.C. lOFORTHISMAP.
tl
NOTE:
33'
AS DESCRIBED ON iHE
CJA'(I'ACHED EXHIBIi"8"AND BY
THIS REFERENCE MADE A PARi 3 L
OF. m
NOTES: o ° ji1lOINORiHWESTCORNEROFoly
LOT 11 IN BLOCK"G"OF THE
w
f
TOWN OF ORANGE, IN THE g,,
CITY OF ORANGE, COUNiY t
OF ORANGE, STAiE OF a
T
CALIFORNIA,AS SHOWN ON O Z
i.P.0.6. `*11
AMAPRECORDEDINBOOK j
y
2, PAGES 630 AND 631 OF
MISCELLANEOUS RECORDS
OF LOS ANGELES COUNiI', Ji ,
CALIFORNIA.
L3 fQ J
r1
LINE TABLE
LINE LENGTH BEARING
L1 12.64 N89°56'37"W
L2 22.19 SO°03'23"W I
L3 12.64 S89°56'37"E
L4 22.19 No°o3'23"E LEGEND
SCni.E: 1"=30'
PROJECT BOUNDARY
GRAPHIC SCALE IN FEET
ExISiINGLo7uNE
0 15 30 60 NORTH qREA OF ENCROACHMENi
AREA OF ENCROACHMENi=281 SQUARE FEE!
PRePaReo Bv: EMCROACHMENT EXHIBIT
KIMLEY-HORNBASSOCIATES IN THE CITY OF ORANGE
65THE CITY DRIVE SOUTH,SUITE 200
DRAWN:TDK CHKD: JSG
EXHIBIT ,C„ORFlNGE,CA 92%e
NMhN.KIMLEY-HORNCOM DATE: 1/27/20 DATE: 1/27/20