AGR-6966 - RIG OLD TOWN ORANGE LLC - GREASE INTERCEPTOR ENCROACHMENT AGREEMENTz/q
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RECORDING REQUESTED BY
AND WIZEN RECORDED MAIL TO:
City Clerk
City of Orange
300 East Chapman Avenue
Orange, CA 92866
123 N. Olive Street, Orange CA
A.P.N.039-174-07,039-174-08 & 039-174-14
Recorded in Official Records, Orange County
Hugh Nguyen, Clerk -Recorder
NO FEEIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
2020000105679 1:35 pm 03110120
214 417A Al2 18
0.00 0.00 0.00 0.00 51.00 0.00 0.000.000.00 0.00
SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY.]
THIS DOCUMENT IS EXEMPT FROM:
RECORDING FEES PER GOVT
CODE §§ 6103 AND 27383.
DOCUMENTARY TRANSFER
TAX PER REV & TAXATION
CODE § 11922
GREASEINTERCEPTOR
ENCROACE[MENT AGREEMENT IT
W
Dated as of /'19Xey 7, 2020 IF
by and between
CITY OF ORANGE,
a municipal corporation,
and
RIG OLD TOWN ORANGE LLC, a California limited liability company
R/W # / Sg â
ENCROACHMENT AGREEMENT
THIS ENCROACHMENT AGREEMENT ("Agreement") is entered into as of
NORef! 9 , 2020, by and between the CITY OF ORANGE, a municipal corporation ("City"),
and RIG OLD TOWN ORANGE LLC, a California limited liability company ("Permittee'% with
reference to the following matters:
A. Permittee is the owner of that certain real property and improvements, commonly
known as 123 N. Olive Street 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. Permittee desires to construct an approved type and adequately sized Grease
Interceptor and related facilities as further defined in Section La, 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 Pemuttee'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 Exhibit C and incorporated herein (collectively, "Encroachment Area"); and
C. Permittee desires to obtain from City an encroachment permit 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 Pemrittee'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 permit Permittee to encroach upon Encroachment Area for the
installation, operation and maintenance of the Grease Interceptor pursuant to the terms of this
Agreement; and
E. Accordingly, the parties desire to define the areas ofresponsibility 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 Permittee as follows:
1. Grant of Encroachment.
a. Pursuant to the terms and provisions of OMC Chapter 12.64, City hereby grants to
Permittee and its successors and assigns and any oftheir employees, agents and tenants ("Pemuttee's
Designees' permission 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 Encroachment Area,
the purpose of which is to trap, collect or treat "Fats, Oils and Grease" ("FOG' as defined in the
FOG Regulations from Permittee's Property, in general, and any and all FSEs occupying any portion
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 ("City's
Property") on Olive Street 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 forth 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 of the 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 practicable, 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 or other acts under 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 portion 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 Property to the condition it was in on the
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 are
removed, damaged or destroyed by Permittee or Permittee's Designees. Further, Permittee shall
compensate City for any damage resulting from the exercise of these rights of ingress, egress and
encroachment.
e. This Agreement and permit provide only a right of use of temporary duration and do
not give Permittce any added interest, title, estate or right of any kind or extent whatsoever, whether
legal or equitable, prescriptive or otherwise, in Encroachment Area 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 thereof) by virtue of this
Agreement and the permit granted hereunder or by virtue 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 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, 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 unaware of any condition
presently existing which would endanger the public inthe 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 Agreement, Permittee
shall have all of the obligations of an owner and hereby agrees, at its sole cost and expense, to cause
Encroachment Area and the Grease Interceptor to be duly and properly maintained 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 maintenance, repair, upkeep and replacement (collectively,
maintenance") of Encroachment Area and the Grease Interceptor whether or not the need for such
maintenance occurs as a result of the 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 Agreement 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.
b. Upon expiration of said period of time, this Agreement and the permit granted to
Permittee hereunder shall automatically terminate, and shall thereafter be ofno further force or effect
whatsoever.
C. City may revoke this permit for any of the reasons described in OMC Section
12.64.130, upon ninety (90) days' prior written notice to Permittee, regardless of the amount of
money or improvements Permittee may have invested in Permittee's Property or in Encroachment
Area and regardless of the duration of this Agreement. Upon the expiration of said ninety (90) day
period, this Agreement and the permit granted to Pemuttee hereunder shall automatically terminate,
and be of no further force or effect. If the 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, City 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 all costs so incurred by City, including City's stafftime 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 Interceptor 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 City the sum of SEVEN THOUSAND FIVE HUNDRED DOLLARS and 00/100
7,500.00).
5. Encroachment Permit Fee. Upon Pemuttee's execution and delivery of this Agreement to
City and in consideration for the grant of this permit, Pemuttee hereby agrees to, and shall, pay to
City the sum of ONE THOUSAND DOLLARS and 00/100 ($1,000.00).
6. Indemnification.
a. Indemnification of City and Indemnified Parties. Permittee, to the fullest extent
permitted by law, hereby agrees to indemnify, defend, and hold harmless, City and its officers,
employees, contractors and agents (collectively, "Indemnified Parties") harmless from and against
any and all actions, damages, claims, losses and expenses of every type and description to which they
may be subjected or put, including reasonable attorneys' fees and costs, by reason of, or resulting
from (i) Pennittee's temporary use of City's Property for the installation and maintenance of the
Crease Interceptor, as well as the other purposes enumerated in Section 1, above; (ii) Pemvttee'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 directly 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,
including, without limitation, the violation of any laws, 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) the 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 condition of Permittee's Property or Encroachment
Area; and (xi) any liabilities under any governmental requirements relating to any Hazardous
Substance on City's Property or Encroachment Area, whether such damage shall accrue or be
discovered before or after termination of this Agreement. The foregoing indemnity 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 restricted 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 California court, or which may give rise to liability under any federal or California
common law theory based on nuisance or strict liability.
b. Defense of Claims Against City. With respect to any Claim for which City or any
Indemnified Party has requested indemnification under subparagraph (a) above, Permittee shall
assume the defense of any related litigation, arbitration or other proceeding, provided that City may,
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 the assertion 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. At 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 Tax 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 Agreement
may result in a possessory interest tax, and that in such event Permittee shall be obligated to pay such
tax. In addition, Permittee shall be solely responsible for the payment of all other taxes attributable
to Permittee's occupancy and use of Encroachment Area.
d. The obligations of Permittee under this Section 6 shall survive the termination oftbis
Agreement with respect to any claims or liability.
7. Compliance With Law. Permttee shall, at its sole cost and expense, and at its sole risk,
install, operate and maintain the Grease Interceptor in a good and workmanlike manner, and in
compliance with all safety codes, ordinances, standards, regulations and requirements, now in effect
or hereafter promulgated, of the State of California, City 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 Permittce's agents, contractors,
employees, representatives, members, volunteers or repair and maintenance personnel while in or on
any part of Encroachment Area or City's Property.
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 connection
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 limits set forth below; or (2) all ofthe insurance coverage and/or limits carried by or available
to Permittee:
i) Comprehensive general liability 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:
Bodily 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.
Contractual Liability $500,000
ii) Workers' compensation insurance with employer's liability in the amounts
required by law with respect to 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 Parties 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 broader 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.
e. Any deductibles or self -insured retentions must be declared 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 City, its officers, officials, agents and employees shall be excess of
Permittee's insurance and shall not contribute with it.
g. Permittee shall furnish City with original certificates of insurance and endorsements
effecting coverage required. The endorsements should be on forms acceptable to City. All
certificates and endorsements are 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
agreed 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 virtue 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 into 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 Pennittee's right to continue use of Encroachment Area is conditioned upon such
performance. 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 thirty (30) days after written notice from City of any such Default;
provided that if more than thirty (30) days are required to complete such performance, Permittee
shall not be in Default if it commences such performance within the thirty (30) day period and
thereafter diligently pursues its completion. The notice required herein is intended to satisfy any and
all notice requirements imposed by law on City and is not in addition to any such requirement.
10. Partial Invalidity. If any term or provision of this Agreement, or the application thereof to
any person or circumstance, shall to any extent be determined as invalid or unenforceable by a court
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 provision 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 Pemuttee 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 Assigns. It is understood and agreed that this Agreement is for the sole and
exclusive benefit of the parties hereto and the respective grantees and/or successors -in -interest of
Permittee; and no rights of any kind are hereby conferred upon any third party, nor is any third party
beneficiary created or to be created by virtue of anything contained herein. Each of the grants,
permits, reservations, terms, covenants and agreements set forth 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 unreasonably withheld. 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 of principal and agent, or a partnership, or a joint venture, or of any association between
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 Assignment. Any corporation or person which succeeds to Pemuttee's
Property 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
five (5) days prior to the effective date thereof.
15. Foreclosure. Should any portion ofPemuttee'sProperty besold under aforeclosure ofany 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 of this Agreement. 16. Integration: Amendment.
This Agreement constitutes the entire agreement between the parties concerning 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 certified mail, addressed to the parties as follows:
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
Facsimile: 714-538-7157
If to Permittee: RIG Old Town Orange LLC
c/o Steven Patrick Rawls
22349 La Palma Avenue, Suite 112
Yorba Linda, California 92887
E-mail: srawls@lonecypress.org
Telephone: 714401-3693
Any party may change its address under this Section by written notice to the other party.
18. Governing Law and Venue. This Agreement shall be construed in accordance with and
governed by the laws of the State of California and Permittee agrees to submit to the jurisdiction of
California courts. Venue for any dispute arising under this Agreement shall be in Orange County,
California.
19. Recordation. City shall at its sole cost record this Agreement in the Official Records of
Orange County when executed and duly acknowledged by all parties and consenting and joining
signatories.
Remainder of page intentionally left blank, signatures on next page]
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of
the day and year above first written.
CITY OF ORANGE municipal corporation
Byel
hristopher S. Cash
Director of Public Works
APPROVED AS TO FORM:
Mary E. B' ' g
Senior Assistant City Attorne
THE PERMITTEE HEREBY ACCEPTS THE FOREGOING PERMIT AND AGREES TO
BE BOUND BY ALL OF THE TERMS AND CONDITIONS THEREOF.
RIG OLD TOWN QjkANGE LLC, a California
limited liability com
By:
Steven Patrick Rawls
SEE ATTACHED
CALIFORNIA
ACKNOWLEDGEMENT
10
A notary public orothet o6rcer c9riiplethig this
certificate v'erifiesonty the identify ofthis individual
who signed the docomentfo which;this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
ACKNOWLEDGMENT
of California
ty of Orange
O 6 - 2.0 20 before me, S ⢠I or te, a Notary Public,
rappeared S 2 V2 V1 q'f YiCJC vW (S
who proved to me on
basis of satisfactoryevidence to be the person(r,) whose name(sA) is/= subscribed to the within rument
and acknowledged to me that he/shekhey executed the same in his/herfflreh authorized acity(
ies), and that by his/hefAheir signatur*) on the instrument the person(3), or the entity upon alf
of which the person(s acted, executed the instrument. certify
under PENALTY OF PERJURY under the laws of the State of California that the foregoing araaraph
is true and correct 5. "
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2207627 Smyhandandofficialseal. ; m ; NOTARY PUBpG CA r,ORNIA N ORANGE
COUNS twoAw.2 MyCONN. Esp. AMO.6, 2021 Seal)
ACKNOWLEDGMENT
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basis of satisfactory evidence to be the personal whose name(a) is/qKsubscribed to the within istrument
and acknowledged to me that he/$keAhey executed the same in his/ber/their authorized apacity(
i5W, and that by his/her/tbeir signature(s) on the instrument the personV, or the entity upon ehalf
of which the person(s) acted, executed the instrument certify
under PENALTY OF PERJURY under the laws of the State of California that the foregoing amamph
is true and correct MARK
a WINTERS hand
and official seal. Notary Public - California Orange
Counry _ Commission
2206406 My
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11
EXHMFr "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.]
EXHIBIT A
CITY OF ORANGE
LEGAL DESCRIPTIO
OWNERS OF RECORD PROPOSED PARCELS
LEGAL DESCRIPTION:
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF ORANGE, IN THE
COUNTY OF ORANGE, STATE OF CALIFORNIA. AND IS DESCRIBED AS FOLLOWS:
PARCEL 1
THE NORTH 40.20 FEET OF LOTS 8 AND NORTH 40.20 FEET OF LOT 7 IN BLOCK C
APN 039-174-14
PARCEL 2:
THE EASTERLY 16 FE,ET OF THE SOUTHERLY 34 FEET OF THE NORTHERLY 40 FEET OF
CLOT17INBLOCK OF THE TOWN OF ORANGE, AS SHOWN ON A MAP RECORDED IN
BOOK 2. PAGES 630 AND 631 MISCELLANEOUS RECORDS OF ORANGE COUNTY,
CALIFORNIA.
APN: 039-174-07 A PORTION
PARCEL 3:
THE NORTHERLY 6 FEET OF LOT 17 IN BLOCK "C" OF THE TOWN OF ORANGE, AS
SHOWN ON A MAP RECORDED IN BOOK 2, PAGES 630 AND 631 OF MISCELLANEOUS
RECORDS OF ORANGE COUNTY, CALIFORNIA.
APN: 039-174-07 A PORTION
PARCEL 4:
THE NORTH 40.20 FEET OF LOT 17 IN BLOCK C OF THE TOWN OF ORANGE, AS SHOWN
A P RECORDEDPA ES 630 AND 631 OF MISCELLANEOUS RECORDSECROOKOFSRDEDIN
EXCEPTING THEREFROM THE. EAST 16 FEET AND THE NORTH 6 FEET THEREOF.
APN: 039-174-08
QROFESS/pNq(
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No. C 51393 m
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Exp /30/20 z}
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OF CMA
EXHIBIT "B"
LEGAL DESCRIPTION OF ENCROACHMENT AREA
Behind this sheet.]
Page I of 1
IN THE CITY OF ORANGE
EXHIBIT "B"
ENCROACHMENT LEGAL DESCRIPTION
THAT PORTION DESIGNATED AS " PARCEL 4"AS SHOWN ON RECORD OF MAP
RECORDEDED IN BOOK 2, PAGES 630 AND 631 OF MISCELLANEOUS RECORDS OF LOS
ANGELES COUNTY, BEING NORTH, DESCRIBED AS FOLLOWS:
COMMENCING AT THE CENTERLINE INTERSECTION OF CHAPMAN AVENUE AND NORTH
OLIVE STREET AS SHOWN ON SAID RECORD OF SURVEY; THENCE, ALONG THE CENTERLINE
OF SAID NORTH OLIVE STREET, NORTH 00'00'00" EAST 253.10 FEET; THENCE, NORTH
89"56'20" EAST 20.02 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION;
THENCE, CONTINUING NORTH 90'00'00" EAST 6.75 FEET;
THENCE, NORTH 00'00'00" EAST 13.50 FEET;
THENCE, SOUTH 90"00'00" WEST 6.75 FEET;
THENCE, SOUTH 00"00'00" WEST 13.50 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING AN AREA OF APPROXIMATELY 91.13 SQUARE FEET OR 0.002 ACRES.
AS SHOWN ON THE ATTACHED EXHIBIT "C" AND BY THIS REFERENCE MADE A PART
HEREOF.
SUBJECT TO EASEMENTS, CONVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS,
RIGHTS, RIGHT -OF WAY AND OTHER MATTERS OF RECORD, IF ANY.
LEGAL DESCRIPTION PREPARED UNDER THE SUPERVISION OF:
7/ze,
JOHN J. CHE P.E. C 51393
EXHIBIT "C"
MAPS DEPICTING ENCROACHMENT AREA
Behind this sheet.]
I
I I
I
1 S 00000'00I" I
13.150
1 I
LOT I6
I / I
S JO DD-OO-' W=
GFT11EDSO
GOSAAGFE -- --
6 7JCI BOOK 21PAGMW&6T1
MISCELLIB'EOUB RECORDS OFIAS AAGELESCOUMY
1
N 00000'00" E
1 UEo
I 13.50' 1 0
CDT O 1 F
N 90°00'00" E I o
6.75' z
I
33' F LOT 19
III LOT a
I
I
I
COT 19
I
LINE BEARING DISTANCE
L1 I N 89°56'20" E 20.02'
AREA OF ENCROACHMENT 91.13 :SQ. FT.
LOT 20
P.O.C.
ESTABLISHED PER CITY OF ORANGE
CENTERLINE INTERSECTION TIE #96
W. CHAPMANAVE.
S89°58'41"W
BASS OF BEARINGS:
THE BASIS OF BEARINGS FOR THIS SURVEY THE
CENTERDNE OF OLIVE STREET. AS SHOWN ON
THE MAP RECORDED IN BOOK 2 PARTS 630
AND 631. MISCELLANEOUS RECORDS OF LOS
ANGELES CWNTY. BEING NORTH.
NDTEASDESCRIBE ON THE ATTACHED MIBIT'B'
AND BY THIS REFERENCE MADE A PART
THEIR Fâ _ _ _ _
PREPARED BY: JCI DESIGN & ENGINEERING ENCROACHMENT EXHIBIT
3664 HOWARD AVE
LOS ALAMITOS. CA 90720 IN THE CITY OF ORANGE
714.743.9637
CRAM BY- AD CHECKED BY: JC
C 51393 oz os 2Dz° EXHIBIT "C"
Rcsm 0A'E DATE 02/05/2020 DATE 02/05/2020