HomeMy WebLinkAbout08-06-2019 Item 7 Report Affordable Housing Density Bonsus APV Ventures, 1821 E. 9th StreetCITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
""CETING DATE: August 6, 2019
AGENDA ITEM NO. 7
ITEM TITLE:
Resolution of the City Council of the City of National City approving an Affordable Housing Density
Bonus Agreement with APV Ventures, LLC, for the development of 17 units located at 1821 E 9th
Street and restricting the rent and occupancy of one (1) unit to a very -low income household in
exchange for a density bonus as mandated by California Government Code Sections 65915 - 65918.
PREPARED BY:
Greg Rose, Property Agent
PHONE: ;619-336-4260 APPROVED BY:
EXPLANATION:
APV Ventures, LLC (APV) wants to develop their property located at 1821 E 9th Street. Current zoning
allows for the construction of 14 units by right. APV will restrict the rent and occupancy of one (1) unit to
a very low income household in exchange for a density bonus of 25% mandated by California
Government Code Sections 65915 — 65918, which will allow the construction of an additional 3 units for
a total of 17 units on the property. The Affordable Density Housing Bonus Agreement ("Agreement") will
serve to memorialize APV's obligation to provide the one (1) affordable unit and the restriction of the
affordable unit by the recordation of this agreement assuring affordability for a total of fifty-five (55)
years. A Performance Deed of Trust will also be recorded to secure the Agreement on the property.
See Background Report for information on the Density Bonus Law.
DEPARTMENT: Housing Authority
INANCIAL STATEMENT:
ACCOUNT NO.
N/A
APPROVED:
Finance
APPROVED: MIS
ENVIRONMENTAL REVIEW:
The Density Bonus Agreement is not considered a project as defined by the California Environmental
Quality Act (CEQA), and is therefore not subject to CEQA.
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
STAFF RECOMMENDATION:
Adopt the Resolution.
BOARD / COMMISSION RECOMMENDATION:
N/A
ATTACHMENTS:
1. Background Report and Site Plan
2. Affordable Housing Density Bonus Agreement
3. Performance Deed of Trust
4. Resolution
c5eibekor )o- 0201i—///
RESOLUTION NO. 2019 —111
RESOLUTION OF CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING
AN AFFORDABLE HOUSING DENSITY BONUS AGREEMENT WITH APV
VENTURES, LLC, FOR THE DEVELOPMENT OF 17 UNITS LOCATED AT 1821
EAST 9TH STREET AND RESTRICTING THE RENT AND OCCUPANCY OF ONE (1)
UNIT TO A VERY -LOW INCOME HOUSEHOLD IN EXCHANGE FOR A DENSITY
BONUS AS MANDATED BY CALIFORNIA GOVERNMENT CODE SECTIONS
65915 — 65918
WHEREAS, APV Ventures, LLC ("Developer") is the owner of that certain real
property generally located at 1821 E. Ninth Street ("Property"), in the City of National City,
County of San Diego; and
WHEREAS, the General Plan and Zoning Ordinance of National City permit no
more than fourteen (14) housing units on the Property; and
WHEREAS, Developer proposes to develop a total of seventeen (17) housing units
on the Property ("Development"); and
WHEREAS, pursuant to Government Code section 65915, and Sections
18.48.030, et seq. of the National City Municipal Code, the Developer has proposed to
construct and restrict the rent and occupancy of one (1) residential dwelling unit
("Affordable Unit") to a very low-income household in exchange for a density bonus
(Density Bonus") which will allow the construction of the seventeen (17)-unit
Development on the Property; and
WHEREAS, in addition to the Density Bonus, the Developer is entitled to receive
incentives and concessions as set forth in Government Code Section 65915 and the
Developer has independently and of its own free will chosen not to receive any such
incentives or concessions; and
WHEREAS, the Affordable Housing Density Bonus Agreement ("Agreement") will
serve to memorialize Developer's obligation to provide the one (1) Affordable Unit
including the time frame for the construction and occupancy of the Affordable Unit and
the restriction of the Affordable Unit by the recordation of the Agreement assuring
affordability for a total of fifty-five (55) years measured from the issuance of final
inspection approval for the Development; and
WHEREAS, a Performance Deed of Trust will also be recorded for the purpose of
securing the timely performance of the Agreement and the performance of each
agreement contained in the Performance Deed of Trust.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National
City approves the Affordable Housing Density Bonus Agreement with APV Ventures, LLC,
for the development of 17 units located at 1821 E. 9th Street and restricting the rent and
occupancy of one (1) unit to a very -low income household in exchange for a density bonus
as mandated by California Govemment Code Sections 65915 - 65918. After being
recorded by the County of San Diego, a copy of said Agreement will be on file in the office
of the City Clerk.
Resolution No. 2019 —111
Page Two
BE IT FURTHER RESOLVED that City of National City will record a
Performance Deed of Trust securing the timely performance of Affordable Housing
Density Bonus Agreement. After being recorded by the County of San Diego, a copy
of said Deed of Trust will be on file in the office of the City Clerk.
PASSED and ADOPTED this 6th of August, 2019.
Alejandra Sotelo-Solis, Mayor
ATTES
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
n. , . Morns -Jones
C Attorney
Passed and adopted by the Council of the City of National City, California, on
August 6, 2019 by the following vote, to -wit:
Ayes: Councilmembers Cano, Morrison, Quintero, Rios, Sotelo-Solis.
Nays: None. '
Absent: None.
Abstain: None.
AUTHENTICATED BY: ALEJANDRA SOTELO-SOLIS
Mayor of the City of National City, California
MICHAEL R. DALLA
City Clerk of the City of National City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2019-111 of the City of National City, California, passed and
adopted by the Council of said City on August 6, 2019.
By:
City Clerk of the City of National City, California
jiAA—e'ef'
No Fees per Government Code 6103
Recording Requested By:
National City Community
Development Commission
When Recorded Mail To:
National City Community
Development Commission
Attention: Executive Director
1243 National City Boulevard
National City, CA 91950
DOC# 2019-0345259
I IIIIII IIIII IIIII IIIII IIII IIIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII
Aug 15, 2019 10:23 AM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES: $0.00 (SB2 Atkins: $0.00)
PAGES: 10
PERFORMANCE DEED OF TRUST
1821 East Ninth Street, National City
THIS DEED OF TRUST is dated as of the If , day of !1o\.r ,2019, between APV
Ventures, LLC, a California limited liability company ("Trustor"), whose as dress is 14041 Montfort
Court, San Diego, California 92128, Lawyers Title Company ("Trustee"), and the City of National
City ("Beneficiary"), whose address is 1243 National City Boulevard, National City, California
91950.
TRUSTOR HEREBY irrevocably grants, transfers, and assigns to Trustee, in trust, with
power of sale, all that property in the City ofNational City, County of San Diego, State ofCalifomia,
described as ("Property"):
(See Legal Description - Exhibit "A")
FOR THE PURPOSE OF SECURING:
(1) The timely performance of the Affordable Housing Density Bonus Agreement,ofeven date
herewith ("Agreement"), between the Beneficiary and the Trustor, and any renewals, extensions,
modifications or amendments to the Agreement by the Trustor and each and every covenant set forth
herein; and
(2) The performance of each agreement contained in this Deed of Trust.
A. TO PROTECT THE SECURITY OF THIS DEED OF TRUST, TRUSTOR AGREES:
1. Defense of Security. To appear in and defend any action or proceeding purporting to affect
the security of this Deed of Trust or the rights or powers of Beneficiary or Trustee; and to pay all
costs and expenses, including cost of evidence of title and attorneys' fees in a reasonable sum, in any
such action or proceeding in which Beneficiary or Trustee may appear, and in any suit brought by
Beneficiary to foreclose on this Deed of Trust.
2. Payment of Liens and Taxes. To pay, when due, all taxes and assessments affecting the
Property, including assessments on appurtenant water stock, all encumbrances, charges, and liens,
with interest, on the Property or any part of the Property, which appear to be prior or superior to this
Deed of Trust, and all costs, fees, and expenses of this Deed of Trust. If Trustor fails to make any
payment or to do any act as provided in this Deed of Trust, then Beneficiary or Trustee may (but is
not obligated to) make the payment or do the act in the required manner and to the extent deemed
necessary by Beneficiary or Trustee to protect the security of this Deed of Trust. The performance by
Beneficiary or Trustee of such an act shall not require notice to or demand upon Trustor and shall not
release Trustor from any obligation under this Deed of Trust. Beneficiary or Trustee shall also have
the following related rights and powers: to enter upon the Property for the foregoing purposes; to
appear in and defend any action or proceeding purporting to affect the security of this Deed of Trust
or the rights or powers of Beneficiary or Trustee; to pay, purchase, contest, or compromise any
encumbrance, charge, or lien that in the judgment of either appears to be prior or superior to this
Deed of Trust; to employ counsel; and to pay necessary expenses and costs, including attorneys' fees.
3. Reimbursement of Costs. To pay immediately and without demand all sums expended by
Beneficiary or Trustee pursuant to this Deed of Trust, with interest from date of expenditure at the
amount allowed by law in effect at the date of this Deed of Trust, and to pay any reasonable amount
demanded by Beneficiary (up to the maximum allowed by law at the time of the demand) for any
statement regarding the obligation secured by this Deed of Trust.
4. Use. That it will not permit or suffer the use of any of the Property for any purpose other
than the use for which the same was intended at the time this Deed of Trust was executed.
5. Incorporation of Agreement. That the Agreement is incorporated herein by reference and
made a part of this Deed of Trust.
6. Performance of Other Obligations. To perform, in a timely manner, each agreement and
covenant by and between Trustor on any and all notes, loans and deeds of trust that are senior and/or
junior to this Deed of Trust. A default in any of these obligations, beyond any applicable cure
period, shall constitute a default under this Deed of Trust.
B. THE PARTIES AGREE THAT:
7. Waiver of Late Payments. By accepting payment of any sum secured by this Deed of Trust
after its due date, Beneficiary does not waive its right either to require prompt payment when due of
all other sums so secured or to declare default for failure to pay any indebtedness secured by this
Deed of Trust.
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8. Full Reconvevance. Upon expiration of the term of the Agreement and written request of
Beneficiary, and payment of Trustee's fees and charges, Trustee shall reconvey, without warranty,
the Property then subject to this Deed of Trust. The recitals in the reconveyance shall be conclusive
proof of the truthfulness of the recitals. The grantee in the reconveyance may be described as "the
person or persons legally entitled thereto."
9. Assignment of Rents. As additional security, Trustor hereby gives to and confers upon
Beneficiary the right, power, and authority during the continuance of this Deed of Trust, to collect
the rents, issues, and profits of the Property, but reserves the right, prior to any default by Trustor in
payment of any indebtedness secured by this Deed of Trust or in the performance of any agreement,
under this Deed of Trust, to collect and retain these rents, issues, and profits as they become due and
payable. Upon any such default beyond any applicable cure period, Beneficiary may, without notice
and without regard to the adequacy of the security for the indebtedness secured by this Deed of Trust,
either personally or by agent or court -appointed receiver, do the following: enter upon and take
possession of the Property or any part of the Property; sue for or otherwise collect all rents, issues,
and profits, including those past due and unpaid; and apply these rents, issues, and profits, less costs
and expenses of operation and collection (including reasonable attorneys' fees), upon any
indebtedness secured by this Deed ofTrust, in any order determined by Beneficiary. The exercise of
the foregoing rights by Beneficiary shall not cure or waive any default or notice of default under this
Deed of Trust or invalidate any act done pursuant to such a notice.
10. Default and Foreclosure. Upon default under the Agreement,subject to any applicable notice
and cure rights contained in the Agreement, or in the performance of any obligation under this Deed
of Trust beyond any applicable cure period, Beneficiary may declare all obligations secured by this
Deed of Trust immediately due and payable by delivering to Trustee a written declaration of default
and demand for sale and a written notice of default and election to sell the Property. Trustee shall
cause the notice of default and election to sell to be recorded. After the required time period has
lapsed following the recordation of the notice of default, and after notice of sale has been given as
required by law, Trustee, without demand on Trustor, shall sell the Property at the time and place
specified in the notice of sale, either as a whole or in separate parcels, and in any order determined
by Trustee, at public auction to the highest bidder for cash in lawful money of the United States,
payable at the time of sale. Trustee may postpone sale of all or any portion of the Property by public
announcement at the time and place of sale, and from time to time thereafter may postpone the sale
by public announcement at the time fixed by the preceding postponement. Trustee shall deliver to
the purchaser at the auction its deed conveying the Property sold, but without any covenant or
warranty, express or implied. The recital in the deed of any matter or fact shall be conclusive proof
of the truthfulness of the recital. Any person, including Trustor, Trustee, or Beneficiary, may
purchase at the sale. After deducting all costs, fees, and expenses of Trustee and Beneficiary under
this paragraph, including costs of procuring evidence of title incurred in connection with sale,
Trustee shall apply the proceeds of sale to payment of: all sums expended under the terms of this
Deed. of Trust, not then repaid, with accrued interest at the amount allowed by law in effect at the
date of this Deed of Trust; all other sums then secured by this Deed of Trust; and the remainder, if
any, to the person or persons legally entitled to the remaining proceeds.
11. Due on Sale or Further Encumbrance. Trustor shall not sell, transfer or otherwise dispose of
the real property described in this deed of trust, or any portion thereof, or any interest therein unless
the proposed transferee shall have executed and delivered to the Beneficiary an express written
assumption of all of Trustor's obligations hereunder this deed of trust, on a form reasonably
acceptable to the Beneficiary. Consent to one transaction of this type will not constitute a waiver of
the right to acquire consent to future or successive transactions.
12. General Provisions. This Deed of Trust applies to; inures to the benefit of, and binds all
parties to this Deed of Trust and their heirs, legatees, devisees, administrators, executors, successors,
and assigns. The term "Beneficiary" shall mean the City of National City, and its successors and
assigns. In this Deed of Trust, whenever the context so requires, the masculine gender includes the
feminine and/or neuter, and the singular number includes the plural.
13. Substitution of Trustees. Beneficiary, or any successor in ownership of any obligations
secured by this Deed of Trust, may from time to time, by written instrument, substitute a successor or
successors to any Trustee named in or acting under this Deed of Trust. The substitution instrument
shall contain the name of the original Trustor, Trustee, and Beneficiary under this Deed of Trust, the
book and page where this Deed is recorded, and the name and address of the new Trutee. When
executed by Beneficiary and duly acknowledged and recorded in the office of the recorder of the
county or counties where the Property is situated, the substitution instrument shall be conclusive
proof of proper substitution of the successor Trustee or Trustees. Any successor Trustee or Trustees
shall, without conveyance from the Trustee predecessor, succeed to all its title, estate, rights, powers,
and duties.
14. Cumulative Powers and Remedies. The powers and remedies conferred in this Deed of Trust
are concurrent and cumulative to all other rights and remedies provided in this Deed of Trust or
given by law. These powers and remedies may be exercised singly, successively, or together, and as
often as deemed necessary.
15. Conclusiveness of Recitals. The recitals contained in any reconveyance, trustee's deed, or
any other instrument executed by the Trustee from time to time under the authority of this Deed of
Trust or in the exercise of its powers or the performance of its duties under this Deed of Trust, shall
be conclusive evidence of their truth, whether stated as specific and particular facts, or in general
statements or conclusions absent manifest error. Further, the recitals shall be binding and conclusive
upon the Trustor, its heirs, executors, administrators, successors, and assigns, and all other persons.
16. Attorneys' Fees. If any action is brought for the foreclosure of this Deed of Trust or for the
enforcement of any provision of this Deed of Trust (whether or not suit is filed), Trustor agrees to
pay all costs and expenses of Beneficiary and Trustee, including reasonable attomeys' fees; and these
sums shall be secured by this Deed of Trust. The prevailing party in any litigation, including but not
limited to arbitration, writ petitions, complaints, and/or actions for declaratory relief, brought to
enforce, interpret or reform the provisions of this Deed of Trust shall be entitled to reasonable
attorneys' and experts' fees, costs and out-of-pocket expenses (whether or not considered
recoverable "costs" under applicable statute) incurred in such litigation.
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17. Request for Notices ofDefault and Sale. In accordance with Section 2924b of the California
Civil Code, request is hereby made that a copy of any Notice of Default and a copy of any Notice of
Sale under that Deed of Trust executed by the Trustor concerning this Property be mailed to:
City of National City
Attention: Executive Director
1243 National City Boulevard
National City, CA 91950
NOTICE: A copy of any notice of default and of any notice of sale will be sent only to the
address contained in this recorded request. If your address changes, a new request must be
recorded.
18. Inspections. Trustor shall permit Beneficiary and its agents or representatives, to inspect the
Property at any and all reasonable times, upon 48 hours advance notice to Trustor. Inspections shall
be conducted so as not to interfere with the tenants' use and enjoyment of the Property.
19. Hazardous Materials Defined. For purposes of this Deed of Trust, "Hazardous Materials"
means and includes any flammable, explosive, or radioactive materials or hazardous, toxic or
dangerous wastes, substances or related materials or any other chemicals, materials or substances,
exposure to which is prohibited, limited or regulated by any federal, state,' county, regional or local
authority or which, even if not so regulated, may or could pose a hazard to the health and safety of
the occupants of the Property or of property adjacent to the Property, including, but not limited to,
asbestos, PCBs, petroleum products and byproducts, substances defined or listed as "hazardous
substances" or "toxic substances" or similarly identified in, pursuant to, or for purposes of, the
California Solid Waste Management, Resource Recovery and Recycling Act (California Government
Code Section 66700 et seq.), the Comprehensive Environmental Response, Compensation, and
Liability Act, as amended (42 U.S.C. Section 9601, et seq.), the Hazardous Materials Transportation
Act (49 U.S.C. Section 1801; et seq.), the Resource Conservation and Recovery act (42 U.S.C.
Section 6901, et seq.) Section 25117 or Section 25316 of the California Health & Safety Code; and
any so-called "Superfund" or "Superlien" law, or any other federal, state or local statute, law,
ordinance, code, rule, regulation, order or decreeregulating, relating to or imposing liability or
standards of conduct concerning any hazardous, toxic or dangerous waste, substance or material; or
any substances or mixture regulated under the Toxic Substance Control Act of 1976, as now or
hereafter amended (15 U.S.C. Section 2601 et seq.); and any "toxic pollutant" under the Clean Water
Act, as now or hereafter amended (33 U.S.C. Section 1251 et sea.); and any hazardous air pollutant
under the Clean Air Act, as now or hereafter amended (42 U.S.C. Section 7901 et sea.).
Notwithstanding the above, the term "Hazardous Materials" shall not include small amounts of
chemicals, cleaning agents and the like commonly employed in routine household uses in a manner
typicalof occupants in other similar residential properties provided they are used in compliance with
applicable laws. The term "Hazardous Materials Laws" means any federal, state or local law, code,
statute, ordinance, rule, regulation, rule of common law or guideline relating to Hazardous Materials
now or hereafter enacted or promulgated (collectively, and including, without limitation, any such
laws which require notice of the use, presence, storage, generation, disposal or release of any
Hazardous Materials to be provided to any party).
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20. Trustor's Hazardous Materials Representations and Warranties and Indemnity. In addition to
the general and specific representations, covenants and warranties set forth in the Deed of Trust or
otherwise, Trustor represents, covenants and warrants, with respect to Hazardous Materials, as
follows:
(a) Neither Trustor nor, to the best knowledge of Trustor, any other person, has ever
caused or permitted any Hazardous Materials to be manufactured, placed, held, located or disposed
of on, under or at the Property or any part thereof, and neither the Property nor any part thereof, or
any property adjacent thereto, has ever been used (whether by the Trustor or, to the best knowledge
of the Trustor, by any other person) as a manufacturing site, dumpsite or storage site (whether
permanent or temporary) for any Hazardous Materials;
(b) Trustor hereby agrees to indemnify Beneficiary, its officers, employees, contractors
and agents, and hold Beneficiary, its officers, employees, contractors and agents harmless from and
against any and all losses, liabilities, damages, injuries, costs, expenses and claims of any and every
kind whatsoever paid, incurred or suffered by, or asserted against Beneficiary, its officers,
employees, contractors and agents for, with respect to, or as a direct or indirect result of, the presence
or use, generation, storage, release, threatened release or disposal of Hazardous Materials on or under
the Property or the escape, seepage, leakage, spillage, discharge, emission or release of any
Hazardous Materials from the Property (including, without limitation, any losses, liabilities,
damages, injuries, costs, expenses or claims asserted or arising under CERCLA, any so-called
"Superfund" or "Superlien" law, or any other federal, state or local statute, law, ordinance, code,
rule, regulation, order or decree regulating, relating to or imposing liability or standards of conduct
concerning any Hazardous Materials) regardless of whether or not caused by or within the control of
Trustor, except to the extent arising as a result of the negligence or willful misconduct of
Beneficiary.
(c) Trustor has not received any notice of (i) the happening of any event involving the
use, spillage, discharge, or cleanup of any Hazardous Materials ("Hazardous Discharge") affecting
Trustor or the Property or (ii) any complaint, order, citation or notice with regard to air emissions,
water discharges, noise emissions or any other environmental, health or safety matter affecting
Trustor or the Property ("Environmental Complaint") from any person or entity, including, without
limitation, the United States Environmental Protection Agency ("EPA"). If Trustor receives any
such notice after the date hereof, then Trustor will give, within seven (7) business days thereafter,
oral and written notice of same to Beneficiary.
(d) Without limitation of Beneficiary's rights under this Deed of Trust, Beneficiary shall
have the right, but not the obligation, to enter onto the Property or to take such other actions as it
deems necessary or advisable to clean up, remove, resolve or minimize the impact of, or otherwise
deal with, any such Hazardous Materials or Environmental Complaint upon its receipt of any notice
from any person or entity, including without limitation, the EPA, asserting the existence of any
Hazardous Materials or an Environmental Complaint on or pertaining to the Property which, if true,
could result in an order, suit or other action against Trustor affecting any part of the Property by any
governmental agency or otherwise which, in the sole opinion of Beneficiary, could jeopardize its
6
security under this Deed of Trust. All reasonable costs and expenses incurred by Beneficiary in the
exercise of any such rights shall be secured by this Deed of Trust and shall be payable by Trustor
upon demand together with interest thereon at a rate equal to the highest rate payable by law.
(e) The foregoing representation, covenants, indemnities and warranties shall be
continuing and shall be true and correct for the period from the date hereof to the release of this Deed
of Trust (whether by satisfaction of the obligations secured hereby or foreclosure or action in lieu
thereof), and these representations, covenants, indemnities and warranties shall survive such release.
21. Authority to Sign. All individuals signing this Deed of Trust for a party which is a
corporation, limited liability company, partnership or other legal entity, or signing under a power of
attorney, or as a trustee, guardian, conservator, or in any other legal capacity, covenant to the
Beneficiary that they have the necessary capacity and authority to act for, sign and bind the
respective entity or principal on whose behalf they are signing.
TRUSTOR:
APV Ventures, LLC, a California limited liability company
By:
Erika Wu, Managing Member
ember
7
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the
individual who signed the document to which this
certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
State of California
County of San Diego
On Xt l I 8- 2019, before me, U''C rn H , notary
public, pesonallyappeared TcUMY Ta1sOr and alg,4 1A214 who proved to me
on the basis of satisfactory evidence to be the personQ whose name s('�is, subscribed to the
within` instrument and acknowledged to me that be/she/they executed the same in hiaker/their
authorized capacity(ies), and that by hi&her/their signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.,
JOUNG HEE KIM
COMM.# 2277258
NOrARY PUBtIC•CAUIFORNIA N
$al Oita° COuxtt
My COON. EYP. MAx. 8. 2023 ,
8
Exhibit "A"
Legal Description
That certain real property located in the City of National City, County of San Diego, State of
California more particularly described as follows:
Beginning at the Northwesterly corner of said quarter Section 129; thence North 71 degrees 38
minutes East along the Northerly line of said quarter Section 129 and being the center line of Eighth
Street a distance of 663.70 feet to the true point of beginning; thence South 18 degrees 14 minutes
East 42338 feetto a point of a curve concave to the Northwest and having a radius of 85.00 feet and
whose center bears North 78 degrees 03 minutes 30 seconds West from said point; thence Northerly
along said curve through a central angle 15 degrees 22 minutes 30 seconds a distance of22.81 feet to
a point of reverse curvature with a curve having a radius of 19.45 feet; thence Northeasterly and
Easterly along said curve a distance of 32.76 feet to a point of tangency; thence South 86 degrees 56
minutes East a distance of 80.16 feet to the beginning of a curve concave to the North and having a
radius of299.64 feet; thence Easterly and Northeasterly along said curve a distance of 110.55 feet to
a point of tangency; thence North 71 deg 34 minutes East a distance of 166.0 feet, more or less, to
the Easterly line of land conveyed to James G. Fleming by deed recorded November 5, 1918, Book
764, Page 158 of deeds; thence North 18 degrees 22 minutes West along said Easterly line a distance
of 439.01 feet to a point on the Northerly line of said quarter Section 129; thence South 71 degrees
38 minutes West along the Northerly line of said quarter Section 129, a distance of384.0 feet, more
or less, to the true point of beginning.
Excepting therefrom a strip of land 30 feet wide, lying Easterly of the following described line:
Commencing at a point which is North 71 deg 38 minutes East 663.70 feet and South 18 degrees 14
minutes East 40 feet from the Northwesterly corner of quarter Section 129; thence from said point of
commencement South 18 degrees 14 minutes East, a distance of 283.97 feet.
Also excepting therefrom a strip of land 20 feet in width, being 10 feet on either side of the center
line, described as follows:
Beginning at a point which is North 71 degrees 38 minutes East 663.70 feet and South 18 degrees 14
minutes East 323.97 feet from the Northwest corner of quarter Section 129 and described herein;
thence along the arc of a curve to the left, having a radius of 60 feet, a distance of 71.94 feet to the
end thereof; thence tangent to said curve South 86 degrees 56 minutes East a distance of 80.16 feet to
the beginning of a curve to the left, having a radius of289.64 feet; thence Easterly along said curve
108.69 feet to the end thereof; thence tangent to said curve North 71 deg 34 minutes East, a distance
of 168.12 feet.
Page. q ID 6(1--
Also excepting therefrom that portion thereof described as follows:
Beginning at the Northwesterly corner of said quarter Section 129; thence North 71 degrees 38
minutes East along the Northerly line of said quarter Section 129; and being the centerline of Eighth
Street, a distance of 693.70 feet; thence South 18 degrees 14 minutes East 315.00 feet to the true
point of beginning; thence retracing North 18 degrees 14 minutes West 175.00 feet; thence North 71
degrees 38 minutes East 356.4 feet, more or less, to the Easterly line of that land conveyed to James
G. Fleming by deed recorded November 4, 1918, in Book 764, Page 158 of deeds, records of said
County; thence along said Easterly line ofFlemings Land South 18 degrees 22 minutes East 279 feet.
more or less, to the Northerly line of said strip of land 20 feet wide, described in deed to the City of
National City recorded January 9,1925 as File No. 1211 in Book 1065, Page 59 of deeds, records of
said County; thence along said Northerly line of City of National City and South 71 degrees 34
minutes West 120.00 feet; North 18 degrees 22 minutes West to a line which is drawn through the
true point of beginning parallel with the Northerly line of said quarter Section 129; thence along said
parallel line South 71 degrees 38 minutes West 237 feet more or less to the true point of beginning.
Also excepting therefrom that portion thereof lying within the Northwesterly 315 feet of said 80 acre
Lot 1.
APN: 557-200-13-00
CI, e.10 of 10