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Home My WebLink About2010 CON (STREET EASEMENTS) Various - Plaza Blvd Street Wideningb RECORDING REQUESTED BY and AFTER RECORDING MAIL City of National City 1243 National City Boulevard National City, CA, 91950 1485 D O C ## 2010-0393206 1111111II111Hill11111HillIIIIIIIIIIIIIIIIIIIIIIIII11111IIIII IIII1111 AUG 05, 2010 8:00 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE DAVID L. BUTLER, COUNTY RECORDER FEES. 0.00 OC. NA PAGES: 7 1111011111111111111111111110111111111111111111111111111 IIBI 11111111111111111111111 NO FEES DUE - FOR BENEFIT OF PUBLIC AGENCY (Space above this line for County Recorders Use Only) APN: 557-250-43 No documentary tax due R & T 11922 (amended) TEMPORARY CONSTRUCTION EASEMENT For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, PLAZA SQUARE, LTD, ("Grantor"), hereby grants and conveys to CITY OF NATIONAL CITY, ("Grantee"), a temporary construction easement ("Easement") and the right to use and occupy the surface and subsurface of said easement for a period of twelve (12) months, commencing upon the start of construction activities with Grantee providing a minimum of 60 days written notice to Grantor. Said Easement is located in the County of San Diego, State of Califomia, more particularly described in Exhibit "A" and depicted in Exhibit "B" attached hereto and made a part hereof. Said Easement and right shall be all acts necessary for the purpose of constructing street improvements and related appurtenant structures associated with the Plaza Boulevard Widening Project. Such acts shall include, without limitation, constructing and installing street improvements, driveway transitions, restriping parking Tots, drainage structures, utilities, retaining walls, slopes, and landscaping. Grantor further grants the right of unobstructed ingress and egress to the Easement, including the right to pass and re -pass over and along the Easement and to deposit tools, implements and other materials on the Easement and to utilize construction, automotive and other equipment thereon when necessary for the purpose of exercising its rights hereunder. S 1487 Access from Plaza Boulevard to the businesses on Grantor's property shall remain open at all times. Irrigation systems within the Easement shall be modified in a manner that allows continued watering of areas outside of the Easement and shall be restored to normal operation when work is completed. Upon completion of any work, improvements or landscaping that have been removed or damaged shall be replaced and repaired to substantially the same condition that existed prior to such work. The rights and obligations contained herein shall inure to the benefit of and be binding upon the successors -in -interest, agents, employees, assigns, and transferees of the parties hereto. The Grantor, for the Grantor and Grantor's successors and assigns hereby waives any claim for severance damages only to the Grantor's remaining property contiguous to the Easement by reason of the location, construction, installation or landscaping of said Plaza Boulevard Widening Project on or adjacent to the Easement. Notwithstanding the foregoing, Grantor and Grantor's successors and assigns hereby do not waive any claims for damages resulting from but not limited to the following: 1) any unreasonable blocking of access from Plaza Blvd. to the property 2) any physical damage to the property contiguous to the Easement, 3) irrigation systems within the Easement not modified to allow sufficient watering of areas outside of the Easement, or 4) any area within the Easement not replaced and repaired to the same condition that existed prior to the work. The Easement shall terminate seven (7) years from the date of execution shown below, or upon completion of construction activities, whichever is sooner. IN WITNESS WHEREOF, Gra for has executed this Grant of Temporary Construction Easement as of this Gqq day of f! / , 2010. GRANTOR: PLAZA SQUARE, LTD BY: PLAZA SQUARE, LTD BY: MGM PROPERTIES LTD., IT'S GENERAL PARTNER BY: FRONTDITIVELOPMENT COMPANY, TT'S ORAL PARTNER By:itlY71/141 By: PEGGY SHAPIRO, VICE PRESIDENT OF FRONITER DEVEJAPMENT COMPANY Type name/title Type n vte/title 1488 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by Street Easement dated Att ;lf29 2of0 , to the City of National City, is hereby accepted by order of the City Council of the City of National City per Resolution No.2009'66 , dated ApRti{ -7 Q00$ and the Grantee consents to the recordation thereof by its duly authorized officer. Date: J vac U , 2010 ApliAL Michael R. Dalla City Clerk City of National City s 1489 CALIFORNIA ACKNOWLEDGEMENT State of California County of San Diego On Aril 29, 2010`,before me, MARLENE M. ZEICHICK, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person whose name(I ace subscribed to the within instrument and acknowledged to me that -they executed the same in their authorized capacitv(ies), and that by i (thcic.signature(3-).on the instrument the persot>ts.), or the entity upon behalf of which the personacted, executed the instrument. I certify undcr PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS MY HAND AND OFFICIAL SEAL. Signature OPTIONAL MARLENE M. 2EICHICK commission 11802953 Notary Public - CaNforni. San Diego County Comm. Expires Jun 21`20121 Though the information below is not rcxluired by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Further description of Any Attached Document Title or Type of Document: `. Document Date ez_/�•,v Numbefof Pa Signers Other Than Named Above Right thumbprint of signer #1 (top) Right thumbprint of signer #2 (top) S:s 7 Pt)- 1490 EXHIBIT "A" TEMPORARY CONSTRUCTION EASEMENT APN 557-250-43 THOSE PORTIONS OF PARCEL "B" AND PARCEL "C" IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA AS SHOWN AT PAGE 3114 OF PARCEL MAPS FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY OCTOBER 15, 1974, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS DISK STAMPED CP7 ACCORDING TO RECORD OF SURVEY MAP NO. 17515 FILED IN THE OFFICE OF THE COUNTY RECORDER ON AUGUST 30, 2002 WHICH BEARS SOUTH 79°01'58" WEST 770.20 FEET FROM A BRASS DISK STAMPED CP6 ACCORDING TO SAID RECORD OF SURVEY MAP; THENCE NORTH 48°10'29" EAST 131.15 FEET TO THE BEGINNING OF A NON - TANGENT 947.64-FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 7°07'35" WEST, SAID POINT BEING ON THE SOUTHERLY LINE OF SAID PARCEL "C" AND ON THE NORTHERLY LINE OF PLAZA BOULEVARD, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; 1. THENCE WESTERLY ALONG SAID SOUTHERLY LINE AND CONTINUING ALONG THE SOUTHERLY LINE OF SAID PARCEL "B", ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 4°05'58" A DISTANCE OF 67.80 FEET; 2. THENCE CONTINUING ALONG SAID SOUTHERLY LINE OF PARCEL "B" NORTH 78°46'27" WEST 73.71 FEET TO THE SOUTHEAST CORNER OF AN EASEMENT FOR STREET PURPOSES RECORDED JUNE 20, 1977 AT FILE/PAGE NO. 77-243161 OF OFFICIAL RECORDS, SAID POINT BEING THE BEGINNING OF A TANGENT 20.00-FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; 3. THENCE WESTERLY ALONG THE EASTERLY LINE OF SAID EASEMENT AND ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90°00'36" A DISTANCE OF 31.42 FEET; 4. THENCE CONTINUING ALONG SAID EASTERLY LINE NORTH 11°14'09" EAST 30.49 FEET; 5. THENCE LEAVING SAID EASTERLY LINE SOUTH 78°45'51" EAST 5.80 FEET; 6. THENCE SOUTH 11°14'16" WEST 25.99 FEET TO THE BEGINNING OF A TANGENT 15.00-FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; 7. THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90°00'43" A DISTANCE OF 23.57 FEET; 8. THENCE SOUTH 78°46'27" EAST 74.15 FEET TO THE BEGINNING OF A TANGENT 1015.56-FOOT RADIUS CURVE CONCAVE NORTHERLY; 9. THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 0°49'15" A DISTANCE OF 14.55 FEET; 10. THENCE NORTH 6°37'33" EAST 16.09 FEET; 11. THENCE SOUTH 83°22'27" EAST 52.37 FEET; 12. THENCE SOUTH 6°37'33" WEST 13.19 FEET; 13. THENCE SOUTH 82°54'53" EAST 23.80 FEET; 14. THENCE SOUTH 6°09'22" WEST 4.88 FEET TO THE BEGINNING OF A NON - TANGENT 1015.56-FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 6°06'10" WEST; Page 1 of 2 1491 15. THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 4°48'58' A DISTANCE OF 85.36 FEET; 16. THENCE NORTH 0°26'25" EAST 15.00 FEET TO THE BEGINNING OF A NON - TANGENT 1000.56-FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 1°17'58" WEST; 17. THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 3°08'19" A DISTANCE OF 54.81 FEET; 18. THENCE SOUTH 1°16'06" EAST 15.00 FEET TO THE BEGINNING OF A NON - TANGENT 1015.56-FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 1°49'50" EAST; 19.THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 0°55'15" A DISTANCE OF 16.32 FEET; 20. THENCE SOUTH 17°33'53" EAST 2.57 FEET; 21. THENCE NORTH 72°07'59" EAST 9.70 FEET TO THE BEGINNING OF A NON - TANGENT 1015.56-FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 3°19'00" EAST; 22. THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 3°25'17" A DISTANCE OF 60.64 FEET TO A POINT ON THE EASTERLY LINE OF SAID PARCEL "C"; 23. THENCE ALONG SAID EASTERLY LINE SOUTH 17°48'57" EAST 6.42 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL "C"; 24. THENCE ALONG SAID SOUTHERLY LINE OF PARCEL "C" SOUTH 84°41'39" WEST 49.99 FEET TO THE BEGINNING OF A TANGENT 947.64-FOOT RADIUS CURVE CONCAVE NORTHERLY: 25. THENCE WESTERLY CONTINUING ALONG SAID SOUTHERLY LINE AND ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 11°31'16" A DISTANCE OF 190.55 FEET; 26. THENCE LEAVING SAID SOUTHERLY LINE NORTH 6°09'22" EAST 4.13 FEET; 27. THENCE NORTH 82°54'53" WEST 15.00 FEET; 28. THENCE SOUTH 7°06'59" WEST 4.24 FEET TO THE TRUE POINT OF BEGINNING. AREA = 0.125 ACRES, MORE OR LESS. MICKEY B. AG EXP. 3-31-10 tii44.40 G-/3-og RCE 27648 Page 2 of 2 LEGEND ' PERMANENT ACQUISITION (FEE) AREA = 0.001 ACRES F\� TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA = 0.125 ACRES T.P.O.B. TRUE POINT OF BEGINNING P.O.B. POINT OF BEGINNING 0 CONTROL POINT PER ROS 17515 30' 30' Z re, EXHIBIT "B"". S 0j'35" W �A ti C2 T.P.O.B.CI - DETAIL FEE AND/• . F. NOT TO SCALE TCE /; 0�°� EASEMENT FOR STREET PURPOSES REC. 6/20/77 AT FILE/PAGE NO. \ 77-243161 O.R. PM \SAIL P OR, PAP, B 1 s �5 808 45'Sj • E ' 400) >135.911;41r W g' rCI* s 7846'2r E \`--- 74.15' N 76.4627"_ PLAZA BL VD. .kV 4 '. POP, PAR, I'l, (' TABULATED UNE DATA UNE BEARING LENGTH L1 N 7'06'59' E 4.24' L2 S 82'54'53" E 15.00' L3 S 6'09'22" W 4.13' L4 S 82'54'53' E 23.80' L5 S 6'09'22' W 4.88' L6 S 17'33'53" E 2.57' L7 N 72.07'59' E 9.70' L8 S 84'41'39' W 49.99' TABULATED CURVE DATA CURVE DELTA RADIUS LENGTH CI 0'54'40' 947.64' 15.07' C2 4'05'58" 947.64' 67.80' C3 90'00'36" 20.00' 31.42' C4 90'00'43" 15.00' 23.57' C5 0'49'15' 1015.56' 14.55' C6 4'48'58" 1015.56' 85.36' C7 3'08'19" 1000.56' 54.81' C8 0'55'15" 1015.56' 16.32' C9 325'17" 1015.56' 60.64' C10 11.31'16' 947.64' 190.55' P.O.B. CP7 j C10 \SEE DETAIL____-»p20' \- r S 79•p5'58" o. 2 EXP. 31 M 10 CIVIL 1492 3114 PAR, D :::;;CP6 REVISED BY: DATE: DRAWN BY: KA DATE: 5-21-08 NATIONAL CITY 1"=60' CHECKED BY: MA DATE: 6-13-08 APPROVED BY: DATE: PERMANENT ACQUISITION AND TEMPORARY CONSTRUCTION CASEMENT APN 557-250-43 PLAZA SQUARE, LTD. DOC. NO. DWG. NO. Xhy RECORDING REQUESTED BY and AFTE PECORbING MAIL TO: fr4'"e' t`11E City of National City 1243 National City Blvd National City, CA 91950-4301 Idol D O C ## 2010-0339205 IIII III IIII IIIII I I IIII IIIII IIIII II II IIIII I III IIIII IIII IIII AUG 05, 2010 8:00 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE DAVID L. BUTLER, COUNTY RECORDER FEES. 0.00 OC. NA PAGES: 5 1111111 IIIII IIIII IIIII IIIII IIIII IIIII IIIII lull IIIII IIIII IIIII I111 IIIII IIIII IIII IIII NO FEES DUE - FOR BENEFIT OF PUBLIC AGENCY APN: 557-250-43 (Space above this Nne for County Recorders Use Only) No documentary tax due R & T 11922 (amended) STREET EASEMENT For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, PLAZA SQUARE, LTD, ("Grantor"), hereby grants and conveys to CITY OF NATIONAL CITY, ("Grantee), a permanent and exclusive easement ("Easement") for street purposes over, under and upon the land located in the County of San Diego, State of California, more particularly described in Exhibit "A" and depicted in Exhibit "8" attached hereto and made a part hereof. Said Easement includes the right of ingress and egress for purposes of constructing a public street and appurtenances, together with the right to construct, operate, maintain, repair and replace said street and appurtenances. All references herein to Grantor and Grantee shall refer to and be binding upon their respective personal representatives, successors and assigns, specifically including any successor -in - interest to Grantor In ownership of fee title to the Easement Land and the Servient Tenement. IN WITNESS W EREOF, Grantor has executed this Grant of Easement as of this 02-9 day of _ 2010. GRANTOR: PLAZA SQUARE, LTD BY: PLAZA SQUARE, LTD BY: MGM PROPERTIES LTD., IT'S GENERAL PARTNER BY: FRONI'IER DEVEI.,O MANY, IT'S GENERAL PARTNER By: P . LA) By: PEGGY SHAPIRO, VICE RESIDENT OF FRONTIER DEVELOPMENT COMPANY Type name/title Type name CERTIFICATE OF ACCEPTANCE 1482 This is to certify that the interest in real property conveyed by Street Easement dated At.../1 23. 20/0 , to the City of National City, is hereby accepted by order of the City Council of the City of National City per Resolution No. 2604 - 6 6 , dated Aped 7 200g, and the Grantee consents to the recordation thereof by its duly authorized officer. Date: Just- IL , 2010 ilm Mic4iael R. Dalla City Clerk City of National C' 0 CALIFORNIA ACKNOWLEDGEMENT State of California County of San Diego 1483 On April 229, 2010, before me, MARLENE M. ZEICHICK, Notary Public, personally appeared . who proved to me on the basis of satisfactory evidence to be the persons . yhose nam e subscribed to the within instrument and 111 acknowledged to me thattisity executed the same in their authorized capacityfies);, and that by h it signaturc(y}on the instrument thc person(s) er the entity upon behalf of which the perso►i( acted, executed the instrument. I certify under PENALTY OF PERJURY under thc laws of the State of California that thc foregoing paragraph is true and correct. WITNESS MY HAND AND OFFICIAL SEAL. Signature OPTIONAL MARLENE M. ZEICHICK Commission 0 1802953 Notary Public • Calfornis .� San Diego County 1 My Comm. Expires Jun 21, 2012 ` Though thc information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Further description of Any Attached Document Title or Type of Document: is!.�l nGa✓/`' SS 7 - SZ,. y3 Document Date A. J/, ^ice Number of Pages: Signers Other Than Named Above Right thumbprint of signer # 1 (top) Right thumbprint of signer #2 (top) 1484 EXHIBIT "A" PERMANENT ACQUISITION APN 557-250-43 THAT PORTION OF PARCEL "C" IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA AS SHOWN AT PAGE 3114 OF PARCEL MAPS FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY OCTOBER 15, 1974, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS DISK STAMPED CP7 ACCORDING TO RECORD OF SURVEY MAP NO. 17515 FILED IN THE OFFICE OF THE COUNTY RECORDER ON AUGUST 30, 2002 WHICH BEARS SOUTH 79°01'58" WEST 770.20 FEET FROM A BRASS DISK STAMPED CP6 ACCORDING TO SAID RECORD OF SURVEY MAP; THENCE NORTH 48°10'29" EAST 131.15 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID PARCEL "C", SAID POINT ALSO BEING ON THE NORTHERLY LINE OF PLAZA BOULEVARD AND THE TRUE POINT OF BEGINNING; 1. THENCE LEAVING SAID SOUTHERLY LINE NORTH 7°06'59" EAST 4.24 FEET; 2. THENCE SOUTH 82°54'53" EAST 15.00 FEET; 3. THENCE SOUTH 6°09'22" WEST 4.13 FEET TO A POINT ON SAID SOUTHERLY LINE AND THE BEGINNING OF A NON -TANGENT 947.64-FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 6°12'55" WEST; 4. THENCE WESTERLY ALONG SAID SOUTHERLY LINE AND ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 0°54'40" A DISTANCE OF 15.07 FEET TO THE TRUE POINT OF BEGINNING. AREA = 0.001 ACRES, MORE OR LESS. MICKEY B. AGIDIRf RCE 27648 EXP. 3-31-10 1485 LEGEND PERMANENT EXHIBIT ACQUISITION (FEE) AREA = 0.001 ACRES S 0707'35" py R TEMPORARY CONSTRUCTION C2 L1 EASEMENT (TCE) AREA = 0.125 ACRES T.P.O.B.J/ j DETAIL T.P.0.8. TRUE POINT OF BEGINNING FEE AND/' •�. NOT TO SCALE P.O.B. POINT OF BEGINNING TCE / Otio A CONTROL POINT PER ROS 17515 / */ I 30' TABULATED UNE DATA UNE BEARING LENGTH L1 N 7'06'59" E 4.24' L2 S 82'54'53" E 15.00' L3 S 6'09'22" W 4.13' L4 S 82'54'53" E 23.80' L5 S 6'09'22" W 4.88' L6 S 17'33'53" E 2.57' L7 N 72'07'59" E 9.70' L8 S 84'41'39" W 49.99' EASEMENT FOR STREET PURPOSES REC. 6/20/77 AT FILE/PAGE NO. \ 77-243161 O.R. PMJ`3-114 FOR, PAR, .6 S 78'45S1• 41 /T5.BO' E S1114'16.R, `$rn 25.99 �Ga S 78'46'27• 7445' 73.71' N 78'46'27" W PLAZA BL Vp. \,51. POR, PAR, G S P.O.B. CP7 TABULATED CURVE DATA CURVE DELTA RADIUS LENGTH Cl 0'54'40" 947.64' 15.07' C2 4'05'58" 947.64' 67.80' C3 90'00'36" 20.00' 31.42' C4 90'00'43" 15.00' 23.57' C5 0'49'15" 1015.56' 14.55' C6 4'48'58" 1015.56' 85.36' C7 3'08'19" 1000.56' 54.81' C8 0'55'15" 1015.56' 16.32' C9 3'25'17" 1015.56' 60.64' C10 11'31'16" 947.64' 190.55' C1 0 3114 PAR', D _A CP6 SEE DETAIL --`` ... 110.20 70158 REVISED BY: DATE: DRAWN BY: KA DATE: 5-21-08 NATIONAL CITY 1"=60' CHECKED BY: MA DATE: 6-13-08 APPROVED BY: DATE: PERMANENT ACQUISITION AND TEMPORARY CONSTRUCTION CASEMENT APN 557-250-43 PLAZA SQUARE, LTD. DOC. NO. DWG. NO. i Recording requestec bv. 'CHICA(=O TlTL!" RECORDING REQUESTED BY and AFTER RECORDING MAIL TO: City of National City 1243 National City Boulevard National City, CA, 91950 `75'71ODu co ' DOC # 2010-0300765 JUN 16, 2010 8:00 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFI DAVID L. BUTLER, COUNTY RECORDER FEES: 0.00 OC: NA 042 PAGES 5 111111111111111111111)111111111111111I!III 11111111)11111111111111)1IIII IN1111)11111 NO FEES DUE - FOR BENEFIT OF PUBLIC AGENCY APN: 557-420-33 (Space above this line for County Recorders Use Only) No documentary tax due R & T 11922 (amended) TEMPORARY CONSTRUCTION EASEMENT For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, SHRINERS HOSPITALS FOR CHILDREN, A NOT -FOR -PROFIT COLORADO CORPORATION, ("Grantor"), hereby grants and conveys to CITY OF NATIONAL CITY, ("Grantee"), a temporary construction easement ("Easement") and the right to use and occupy the surface and subsurface of said easement for a period of twelve (12) months, commencing upon the start of construction activities with Grantee providing a minimum of 30 days written notice to Grantor. Said Easement is located in the County of San Diego, State of California, more particularly described in Exhibit "A" and depicted in Exhibit "B" attached hereto and made a part hereof. Said Easement and right shall be all acts necessary for the purpose of constructing street improvements and related appurtenant structures associated with the Plaza Boulevard Widening Project. Such acts shall include, without limitation, constructing and installing street improvements, driveway transitions, restriping parking lots, drainage structures, utilities, retaining walls, slopes, and landscaping. Grantor further grants the right of unobstructed ingress and egress to the Easement, including the right to pass and re -pass over and along the Easement and to deposit tools, implements and other materials on the Easement and to utilize construction, automotive and other equipment thereon when necessary for the purpose of exercising its rights hereunder. Upon completion of any work, for the purposes and uses herein granted, Grantee shall restore, at Grantee's expense, the surface of the Easement to a compacted, neat, clean condition, but not necessarily the same condition as prior to such work. The rights and obligations contained herein shall inure to the benefit of and be binding upon the successors -in -interest, agents, employees, assigns, and transferees of the parties hereto. 304�i The Grantor, for the Grantor and Grantor's successors and assigns hereby waives any claim for any and all damages to the Grantor's remaining property contiguous to the Easement by reason of the location, construction, installation or landscaping of said Plaza Boulevard Widening Project on or adjacent to the Easement. IN WITNESS WHEREOF, Grantor has executed this Grant of Temporary Construction Easement as of this ?,v-aday of k , 2010. GRANTOR: SHRINERS HOSPITALS FOR CHILDREN, A NOT -FOR -PROFIT COLORADO CORPORATION Keith Gardner, Executive Vice President Type name/title John P. McCabe, Vice President, Finance Type name/title CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by Street Easement dated MAY 3E 20/0 , to the City of National City, is hereby accepted by order of the City Council of the City of National City per Resolution No. 2aas1-46 , dated AM /L 7 2 and the Grantee consents to the recordation thereof by its duly authorized officer. Date: MA 25 , 2010 A Michael R. Dall City Clerk City of National City STATE OF FLORIDA ) ss. COUNTY OF HILLSBOROUGH On this ` r-A day of t1'1r , 2010, before me, a Notary Public in and for the State of Florida, duly commissioned hnd sworn, personallfappeared Keith Gardner and John P. McCabe, to be, the individuals who signed as Executive Vice President and Vice President, Finance of Shriners Hospitals for Children, the corporation that executed the within and forgoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated they were authorized to execute said instrument and that the seal affixed hereto, if any, is the corporate seal of said corporation. GIVEN UNDER my hand and official seal hereto affixed the day and year in this certificate above written. NOTARY PUBLIC -STATE OF FLORIDA Deborah Greenhalgh Commission #D1)811524 Expires: SEP. 19, 2012 BUNUED THRU ATLANTIC BON DLSG CO., INC. Signature;NOTARY PUBLIC -STATE OF FI4 1DA Deborah Greenhalgh Commission #DD811524 Expires: SEP. 19, 2012 BUNUED THHC ATLANTIC BONDING CO4NC• Notary Public in and for the State of Florida, Residing at 4 .t 51.0o•.-ou3k My Commission Expires: 1.1 • k 2• 3044 EXHIBIT "A" TEMPORARY CONSTRUCTION EASEMENT APN 557-420-33 THAT PORTION OF 80 ACRE LOT 2 IN QUARTER SECTION 129 OF RANCHO DE LA NACION, ACCORDING TO MAP THEREOF NO. 166, MADE BY MORRILL, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS DISK STAMPED CP4 ACCORDING TO RECORD OF SURVEY MAP NO. 17515 FILED IN THE OFFICE OF THE COUNTY RECORDER ON AUGUST 30, 2002 WHICH BEARS NORTH 87°46'13" EAST 805.90 FEET FROM A BRASS DISK STAMPED CP5 ACCORDING TO SAID RECORD OF SURVEY MAP; THENCE NORTH 29°54'45" WEST 123.72 FEET TO THE SOUTHEAST CORNER OF LAND PER DEED RECORDED SEPTEMBER 8, 2005 AS DOCUMENT NO. 2005- 0775749 OF OFFICIAL RECORDS, THENCE ALONG THE EASTERLY LINE OF SAID LAND NORTH 17°43'55" WEST 4.92 FEET TO THE TRUE POINT OF BEGINNING; 1. THENCE LEAVING SAID EASTERLY LINE SOUTH 70°55'55" WEST 112.40 FEET TO THE BEGINNING OF A TANGENT 444.34-FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; 2. THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 0°08'02" A DISTANCE OF 1.04 FEET TO THE WESTERLY LINE OF SAID LAND; 3. THENCE ALONG SAID WESTERLY LINE NORTH 17°34'30" WEST 10.00 FEET; 4. THENCE LEAVING SAID WESTERLY LINE NORTH 70°55'55" EAST 13.57 FEET; 5. THENCE NORTH 17°38'45' WEST 14.89 FEET; 6. THENCE NORTH 72°21'15" EAST 35.20 FEET; 7. THENCE SOUTH 17°43'14" EAST 12.01 FEET; 8. THENCE NORTH 70°55'55" EAST 44.18 FEET; 9. THENCE NORTH 16°27'25" WEST 16.11 FEET; 10. THENCE NORTH 73°32'35" EAST 20.06 FEET TO THE EASTERLY LINE OF SAID LAND; 11. THENCE ALONG SAID EASTERLY LINE SOUTH 17°43'55" EAST 27.19 FEET TO THE TRUE POINT OF BEGINNING. AREA = 0.048 ACRES, MORE OR LESS. MICKEYB. AGUIRRE;;RCE 27648 EXP. 3-31-10 3045 304.6 EXHIBIT "B" DRIVEWAY EASEMENT REC. 5/28/80 AS FLE NO. 80-172540 O.R. PJR, E1/2LOT 2 1/4 SEC. 129 MAP 166 557-420-33 512 TABULATED CURVE DATA CURVE DELTA RADIUS LENGTH C1 01)5'53' 460.00' 0.79' C2 0'O8'O2' 444.34' 1.04' LEGEND T.P.O.B. P.O.B. DD1 PERMANENT ACQUISITION AREA - 0.010 ACRES TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA = 0.048 ACRES TRUE POINT OF BEGINNING POINT OF BEGINNING CONTROL POINT PER ROS 17515 DEED REC. 9/08/05 AS DOC. NO. 2005-0775749 O.R. P oR. UNNUMBERE'D LOT KAL r8A WALK MAP 14820 .E �93'S� T.P.O.B. T.P.O.B. PERM. ACQ. �VZ,u s, P CP5� N 8T46'13w Ems_ 805.90 - - =-� CP4B. REVISED BY: DATE: DRAWN BY: KA DATE: 8-26-08 NATIONAL CITY tw = 30' CHECKED BY: MA DATE 9-05-08 APPROVED BY: DATE PERMANENT ACQUISITION AND TEMPORARY CONSTRUCTION EASEMENT APN 557-420-33 SHRINERS HOSPITALS FOR CHILDREN DOC. NO. DWG. NO. Recording rnquesteci by CHICA(=0 TITLE COWAN. RECORDING REQUESTED BY and AFTER RECORDING MAIL TO: City of National City 1243 National City Blvd National City, CA 91950-4301 oac# 2070-0300766 Illlllllllllllllllllllllllllllllllulllllllllllllll Ilullllllllllllll JUN 16, 2010 8:00 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE 3 0 4 7 DAVID L. BUTLER, COUNTY RECORDER FEES: 0.00 OC: NA PAGES 5 IIIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII lull IIIII IIIII IIIII IIIII Ilfll IIII IIII NO FEES DUE - FOR BENEFIT OF PUBLIC AGENCY APN: 557-420-33 (Space above this line for County Recorders Use Only) No documentary tax due R & T 11922 (amended) STREET EASEMENT For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, SHRINERS HOSPITALS FOR CHILDREN, A NOT -FOR -PROFIT COLORADO CORPORATION, ("Grantor"), hereby grants and conveys to CITY OF NATIONAL CITY, ("Grantee"), a permanent and exclusive easement ("Easement") for street purposes over, under and upon the land located in the County of San Diego, State of California, more particularly described in Exhibit "A" and depicted in Exhibit "B" attached hereto and made a part hereof. Said Easement includes the right of ingress and egress for purposes of constructing a public street and appurtenances, together with the right to construct, operate, maintain, repair and replace said street and appurtenances. All references herein to Grantor and Grantee shall refer to and be binding upon their respective personal representatives, successors and assigns, specifically including any successor -in -interest to Grantor in ownership of fee title to the Easement Land and the Servient Tenement. IN WITNESS WHEREOF, Grantor has executed this Grant of Easement as of this S day of .- , 2010. GRANTOR: SHRINERS HOSPITALS FOR CHILDREN, A NOT -FOR -PROFIT COLORADO CORPORATION By: Keith Gardner, Executive Vice President John P. McCabe. Vice President, finance Type name/title Type name/title CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by Street Easement dated (1 AV 3 2010 , to the City of National City, is hereby accepted by order of the City Council of the City of National City per Resolution No. 2ao4- 66 , dated 4o / 7 2 of and the Grantee consents to the recordation thereof by its duly authorized officer. Date: MAY 2S , 2010 A Micfiael R. Dalla City Clerk City of National City 304d 3049 STATE OF FLORIDA ) ) ss. COUNTY OF HILLSBOROUGH ) On this 3 Y14 day of 1\10-4, 2010, before me, a Notary Public in and for the State of Florida, duly commissioned and sworn, personally appeared Keith Gardner and John P. McCabe, to be, the individuals who signed as Executive Vice President and Vice President, Finance of Shriners Hospitals for Children, the corporation that executed the within and forgoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated they were authorized to execute said instrument and that the seal affixed hereto, if any, is the corporate seal of said corporation. GIVEN UNDER my hand and official seal hereto affixed the day and year in this certificate above written. SignatIMARy PUBLIC STATE OFDA t " Deborah Green gh Commission #D1)8115. ` Expires: S E P.19, 20.. ' BoNUEDTHRl1ATLANTIC foNDINGCo.,LX Notary Public in and for the State of Florida, Residing at k tSb +oy,gt My Commission Expires: �SefA--. t9,2'( Z EXHIBIT "A" PERMANENT ACQUISITION APN 557-420-33 THAT PORTION OF 80 ACRE LOT 2 IN QUARTER SECTION 129 OF RANCHO DE LA NACION, ACCORDING TO MAP THEREOF NO. 166, MADE BY MORRILL, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS DISK STAMPED CP4 ACCORDING TO RECORD OF SURVEY MAP NO. 17515 FILED IN THE OFFICE OF THE COUNTY RECORDER ON AUGUST 30, 2002 WHICH BEARS NORTH 87°46'13" EAST 805.90 FEET FROM A BRASS DISK STAMPED CP5 ACCORDING TO SAID RECORD OF SURVEY MAP; THENCE NORTH 29°54'45" WEST 123.72 FEET TO THE SOUTHEAST CORNER OF LAND PER DEED RECORDED SEPTEMBER 8, 2005 AS DOCUMENT NO. 2005- 0775749 OF OFFICIAL RECORDS, SAID POINT BEING THE TRUE POINT OF BEGINNING; 1. THENCE ALONG THE SOUTHERLY LINE OF SAID LAND SOUTH 72°00'25" WEST 112.62 FEET TO THE BEGINNING OF A TANGENT 460.00-FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; 2. THENCE CONTINUING ALONG SAID SOUTHERLY LINE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 0°05'53" A DISTANCE OF 0.79 FEET TO THE SOUTHWEST CORNER OF SAID LAND; 3. THENCE ALONG THE WESTERLY LINE THEREOF NORTH 17°34'30" WEST 2.79 FEET TO THE BEGINNING OF A NON -TANGENT 444.34-FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 18°56'03" EAST; 4. THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 0°08'02" A DISTANCE OF 1.04 FEET; 5. THENCE NORTH 70°55'55" EAST 112.40 FEET TO THE EASTERLY LINE OF SAID LAND; 6. THENCE ALONG SAID EASTERLY LINE SOUTH 17°43'55" EAST 4.92 FEET TO THE TRUE POINT OF BEGINNING. AREA = 0.010 ACRES, MORE OR LESS. MI KEY B. A EXP. 3-31-10 3050 3051 EXHIBIT "B" DRIVEWAY EASEMENT REC. 5/28/80 AS FILE NO. 80-172540 O.R. PJf, r1/2LOT 2 1/4 S C. 129 MAP 166 557-420-33 TABULATED CURVE DATA CURVE DELTA RADIUS LENGTH Cl 005'53" 460.00' 0.79' C2 008'02" 444.34' 1.04' LEGEND T.P.O.B. P.O.B. A DD1 262 PERMANENT ACQUISITION AREA = 0.010 ACRES TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA = 0.048 ACRES TRUE POINT OF BEGINNING POINT OF BEGINNING CONTROL POINT PER ROS 17515 DEED REC. 9/08/05 AS DOC. NO. 2005-0775749 O.R. Poft UNNUMB S D LOT KALE•BA WALK MAP 14820 CP5 N87'46'13'E� S ‘14355 T.P.O.B. Z1A' TCE ��'4355• � 7'`g2 805.90' y T.P.O.B. PERM. ACQ. Vet IT; CP4 REVISED BY: DATE: DRAWN BY: KA DATE 8-26-08 NATIONAL CITY = 30 CHECKED BY: MA DATE: 9-05-08 APPROVED BY: DATE: PERMANENT ACQUISITION AND TEMPORARY CONSTRUCTION EASEMENT APN 557-420-33 SHRINERS HOSPITALS FOR CHILDREN DOC. NO. DWG. NO. DOC # 2010-0274750 RECORDING REQUESTED BY: CHtLA60f1 RECORDING MAIL TO: City of National City 1243 National City Boulevard National City, CA, 91950 5016 JUN 02, 2010 8:00 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE DAVID L. BUTLER, COUNTY RECORDER FEES. 0 00 OC: NA PAGES: 6 1I11111 IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII1111111 NO FEES DUE - FOR BENEFIT OF PUBLIC AGENCY APN: 557-322-11 (Space above this line for County Recorders Use Only) No documentary tax due R & T 11922 (amended) TEMPORARY CONSTRUCTION EASEMENT For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, ALLIANCE LAUNDRY SYSTEMS LLC, ("Grantor"), hereby grants and conveys to CITY OF NATIONAL CITY, ("Grantee"), a temporary construction easement ("Easement") and the right to use and occupy the surface and subsurface of said easement for a period of twelve (12) months, commencing upon the start of construction activities with Grantee providing a minimum of 30 days written notice to Grantor. Said Easement is located in the County of San Diego, State of California, more particularly described in Exhibit "A" and depicted in Exhibit "B" attached hereto and made a part hereof. Said Easement and right shall be all acts necessary for the purpose of constructing street improvements and related appurtenant structures associated with the Plaza Boulevard Widening Project. Such acts shall include, without limitation, constructing and installing street improvements, driveway transitions, restriping parking lots. drainage structures, utilities, retaining walls, slopes, and landscaping. Grantor further grants the right of unobstructed ingress and egress to the Easement, including the right to pass and re -pass over and along the Easement and to deposit tools, implements and other materials on the Easement and to utilize construction, automotive and other equipment thereon when necessary for the purpose of exercising its rights hereunder. Upon completion of any work, for the purposes and uses herein granted, Grantee shall restore, at Grantee's expense, the surface of the Easement to a compacted, neat, clean condition, but not necessarily the same condition as prior to such work. Access from Plaza Boulevard to the businesses on Grantor's property shall remain open at all times. Irrigation systems within the Easement shall be modified by Grantee in a manner that allows continued watering of areas outside of the Easement and shall be restored to normal operation when work is completed; provided, however, that Grantee will not interfere with or divert the delivery of water to Grantor's Property. Grantee shall use its best efforts to minimize any impact on any improvements or landscaping. Upon completion of any work, improvements or landscaping that have been removed or damaged shall be replaced and repaired to substantially the same condition that existed prior to such work. 5017 Grantee shall indemnify, protect, defend (with counsel reasonably satisfactory to Grantor) and hold Grantor, and Grantor's successors and assigns, and the directors, officers, shareholders, employees, attorneys, attorneys -in -fact, agents and contractors of Grantor and of Grantor's successors and assigns (all of the foregoing are referred to, collectively, as the "Indemnified Parties"), harmless for, from and against any and all claims (including without limitation third -party claims for personal injury or real or personal property damage), actions, administrative proceedings, interest and losses, including reasonable attorneys' and paralegals' fees and expenses, consultant fees and expert fees, together with all other costs and expenses of any kind or nature (collectively, the `Costs") that arise directly or indirectly from or in connection with the activities of Grantee and/or Grantee's employees, agents, contractors, licensees and permitees, or any of them, on or in connection with the Easement, and/or from the failure of Grantee and/or Grantee's employees, agents, contractors, licensees and permitees, or any of them, faithfully to perform in accordance with Special Provisions for Plaza Boulevard Widening Project, FY 10-11. If Grantor or any other Indemnified Party suffers or incurs any such Costs, Grantee shall pay to Grantor or such other Indemnified Party, as applicable, the total of all such Costs suffered or incurred by Grantor or such other Indemnified Party, as applicable, thirty days after written demand therefor by the Indemnified Party entitled to such payment. Notwithstanding anything to the contrary set forth in this Agreement, the indemnification provided by this paragraph shall not extend to any Costs incurred by an Indemnified Party that are finally determined by a court of competent jurisdiction to have been incurred as a result of such Indemnified Parry's gross negligence or intentional misconduct. Grantee's indemnification obligations under this paragraph shall terminate two (2) years after the expiration or earlier termination of this Easement. The rights and obligations contained herein shall inure to the benefit of and be binding upon the successors -in -interest, agents, employees, assigns, and transferees of the parties hereto. The Grantor, for the Grantor and Grantor's successors and assigns hereby waives any claim for any and all damages to the Grantor's remaining property contiguous to the Easement by reason of the location, construction, installation or landscaping of said Plaza Boulevard Widening Project on or adjacent to the Easement. IN WITNESS WHEREOF, Grantor has executed this Grant of Temporary Construction Easement as of this WI -day of -pry , 2010. GRANTOR: ALLIANCE LAUNDRY SYSTEMS LLC By: By: Type name/title Type name/title 5018 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by Temporary Construction Easement dated A, Ry / 210,1010 , to the City of National City, is hereby accepted by order of the City Council of the City of National City per Resolution No.200q - 66 , dated Ae* L 7 loot' and the Grantee consents to the recordation thereof by its duly authorized officer. 20104 Date: MA , 25109 Midhael R. Dalla City Clerk City of National City State of (/sawS/a/ ) ss. County of /04,644.4 MC. ) On before me, for tate, p rsonally appeared PAWL i(716.4.AArR O.121) i2 t G� 5019 a notary public in and who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, execute the instrument. / / I certify under PENALTY OF PERJURY under the laws of the State of Lc/lSCO/A/ that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (seal) Notary -Public signa My Commission expires: 5020 EXHIBIT "A" TEMPORARY CONSTRUCTION EASEMENT APN 557-322-11 THAT PORTION OF PARCEL 7 OF PARCEL MAP NO. 12079, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING A DIVISION OF PORTIONS OF 40.00 ACRE LOTS 1 AND 2 AND 20.00 ACRE LOTS 2 AND 3 OF QUARTER SECTION 132 OF THE RANCHO DE LA NACION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 166, MADE BY MORRILL, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 11, 1869, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS DISK STAMPED CP7 ACCORDING TO RECORD OF SURVEY MAP NO. 17515 FILED IN THE OFFICE OF THE COUNTY RECORDER ON AUGUST 30, 2002 WHICH BEARS SOUTH 68°00'04" EAST 793.37 FEET FROM A BRASS DISK STAMPED CP8 ACCORDING TO SAID RECORD OF SURVEY MAP; THENCE NORTH 73°29'32" WEST 113.10 FEET TO THE NORTHEAST CORNER OF SAID PARCEL 7, SAID POINT ALSO BEING ON THE SOUTHERLY LINE OF PLAZA BOULEVARD AND THE TRUE POINT OF BEGINNING; 1. THENCE ALONG THE EASTERLY LINE OF SAID PARCEL SOUTH 11°12'53" WEST 33.48 FEET; 2. THENCE LEAVING SAID EASTERLY LINE NORTH 78°45'51" WEST 43.65 FEET; 3. THENCE NORTH 9°52'17" EAST 10.31 FEET TO THE BEGINNING OF A TANGENT 15.00-FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; 4. THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 88°38'44" A DISTANCE OF 23.21 FEET; 5. THENCE NORTH 78°46'27" WEST 107.21 FEET TO THE WESTERLY LINE OF SAID PARCEL 7; 6. THENCE ALONG SAID WESTERLY LINE NORTH 11°12'53" EAST 8.49 FEET TO THE NORTHWEST CORNER OF SAID PARCEL, SAID POINT BEING ON SAID SOUTHERLY LINE OF PLAZA BOULEVARD; 7. THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL SOUTH 78°47'07" EAST (SOUTH 79°46'05" EAST PER SAID PARCEL MAP) 166.10 FEET TO THE TRUE POINT OF BEGINNING. AREA = 0.059 ACRES, MORE OR LESS. MICKEY B. A EXP. 3-31-10 RE RCE 27648 .3/y-of REVISED BY: FA WN BY: ECKED BY: MA PROVED BY: EXHIBIT "B" N 78.46 2277' DRAINAGE EASEMENT REC. 10721 �\ 3/20/84 AS FILE NO. A = 88'38'44• 84-1000819 O.R. R = 15.00' L 23.21'1 N 09'52'17" E/ • _ 10.31' 43 65' DRAINAGE EASEMENT REC.-N 78'45'51- W 3/20/84 AS FILE NO. 84-1000819 O.R. PAR, 7 557-322-11 DRAINAGE EASEMENT REC. 3/20/T34 AS FILE NO. 84-1000819 O.R. NOTE: A BLANKET EASEMENT FOR DRAINAGE PER PM 12079 COVERS ENTIRE PROPERTY. /LEGEND PAR, 5 T.P.O.B. P.O.B. DATE: DATE:10-20-09 DATE:10-20-09 DATE: TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA - 0.059 ACRES TRUE POINT OF BEGINNING POINT OF BEGINNING / CONTROL POINT PER ROS 17515r7 NATIONAL aTY 12079 / / PAR, 1 TEMPORARY CONSTRUCTION EASEMENT APN 557-322-11 AWANCE LAUNDRY SYSTEMS LLC DWG. NO. RECORDING REQUESTED BY and AFTER RECORDING MAIL TO: City of National City 1243 National City Boulevard National City, CA, 91950 ct'suui) L-04 485 DOC # 2010-0247096 111101111111111111110111111111111111111111111111101111 MAY 18, 2010 8:00 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE DAVID L. BUTLER, COUNTY RECORDER FEES: 0.00 OC: NA PAGES 6 1111111 Hill 111111111111111 IINI 111111111111111111111111 uiii 11111111111111111111111 NO FEES DUE - FOR BENEFIT OF PUBLIC AGENCY (Space above this line for County Recorders Use Only) APN: 558-091-27 No docyme Lary tax due R & T 11922 (amended) TEMPORARY CONSTRUCTION EASEMENT For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, JAMABED LP, A CALIFORNIA LIMITED PARTNERSHIP ("Grantor"), hereby grants and conveys to CITY OF NATIONAL CITY, ("Grantee"), a temporary construction easement ("Easement") and the right to use and occupy the surface and subsurface of said easement for a period of twelve (12) months, commencing upon the start of construction activities with Grantee providing a minimum of 30 days written notice to Grantor. Said Easement is located in the County of San Diego, State of California, more particularly described in Exhibit "A" and depicted in Exhibit "B" attached hereto and made a part hereof. Said Easement and right shall be all acts necessary for the purpose of constructing street improvements and related appurtenant structures associated with the Plaza Boulevard Widening Project. Such acts shall include, without limitation, constructing and installing street improvements, driveway transitions, restriping parking lots, drainage structures, utilities, retaining walls, slopes, and landscaping. Grantor further grants the right of unobstructed ingress and egress to the Easement, including the right to pass and re -pass over and along the Easement and to deposit tools, implements and other materials on the Easement and to utilize construction, automotive and other equipment thereon when necessary for the purpose of exercising its rights hereunder. No parking spaces on Grantor's property shall be impacted during construction. Irrigation systems within the Easement shall be modified in a manner that allows continued watering of areas outside of the Easement and shall be restored to normal operation when work is completed. Upon completion of any work, improvements or landscaping that have been removed or damaged shall be replaced and repaired to substantially the same condition that existed prior to such work. The rights and obligations contained herein shall inure to the benefit of and be binding upon the successors -in -interest, agents, employees, assigns, and transferees of the parties hereto. 486 The Grantor, for the Grantor and Grantor's successors and assigns hereby waives any claim for any and all damages to the Grantor's remaining property contiguous to the Easement by reason of the location, construction, installation or landscaping of said Plaza Boulevard Widening Project on or adjacent to the Easement. IN WITNESS WHEREOF Grantor has executed this Grant of Temporary Construction Easement as of this % day of "lei j►rl bet- , 2009. Dated: 11.11 (oq Dated: COr iS A. �P71 ..t # 168; 98 N My COM!. EXP. JL:Y 1J, 201G "i n1o9 GRANTOR: JAMABED LP, A CALIFORNIA LIMITED PARTNERSHIP By: gr\C•1—ig" Print name: g • W n KEA It's: C&eNL1l,M-- ?h -T 1 By: Print name: It's: 487 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by Street Easement dated D tre 7, 2001 , to the City of National City, is hereby accepted by order of the City Council of the City of National City per Resolution No. 20oq -66 , dated ApA.;; and the Grantee consents to the recordation thereof by its duly authorized officer. Date: Ore. /6 , 2009 Midhael R. Dall City Clerk City of National City 488 EXHIBIT "A" TEMPORARY CONSTRUCTION EASEMENT APN 558-091-27 THAT PORTION OF THE WESTERLY HALF OF THE NORTHWESTERLY QUARTER OF QUARTER SECTION 106, OF RANCHO DE LA NACION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 166, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 11, 1869, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS DISK STAMPED CP1 ACCORDING TO RECORD OF SURVEY MAP NO. 17515 FILED IN THE OFFICE OF THE COUNTY RECORDER ON AUGUST 30, 2002 WHICH BEARS SOUTH 72°07'44" WEST 822.15 FEET FROM A BRASS DISK STAMPED CP11 ACCORDING TO SAID RECORD OF SURVEY MAP; THENCE SOUTH 63°01'40" EAST 109.71 FEET TO A POINT ON THE SOUTHERLY LINE OF LAND PER DEED RECORDED MARCH 25, 1991 AS DOCUMENT NO. 1991-0131154 OF OFFICIAL RECORDS AND THE TRUE POINT OF BEGINNING; 1. THENCE LEAVING SAID SOUTHERLY LINE SOUTH 17°50'06' EAST 15.22 FEET; 2. THENCE SOUTH 71°56'11' WEST 25.29 FEET; 3. THENCE NORTH 18°03'49" WEST 7.76 FEET TO THE BEGINNING OF A NON - TANGENT 444.50-FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; 4. THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 10°00'33° A DISTANCE OF 77.65 FEET TO THE BEGINNING OF A TANGENT 14.00-FOOT RADIUS COMPOUND CURVE; 5. THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 84°15'49" A DISTANCE OF 20.59 FEET; 6. THENCE SOUTH 22°28'59" EAST 21.03 FEET; 7. THENCE SOUTH 67°25'36" WEST 4.54 FEET TO THE EASTERLY LINE OF EUCLID AVENUE; 8. THENCE ALONG SAID EASTERLY LINE NORTH 22°50'53" WEST 22.55 FEET TO THE EASTERLY LINE OF LAND PER SAID DEED AND THE BEGINNING OF A TANGENT 20.00-FOOT RADIUS CURVE CONCAVE EASTERLY; 9. THENCE ALONG SAID EASTERLY LINE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 84°49'29" A DISTANCE OF 29.61 FEET TO THE SOUTHERLY LINE OF SAID LAND AND THE BEGINNING OF A TANGENT 452.00-FOOT RADIUS COMPOUND CURVE; 10. THENCE ALONG SAID SOUTHERLY LINE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 10°04'32" A DISTANCE OF 79.48 FEET; 11. THENCE CONTINUING ALONG SAID SOUTHERLY LINE NORTH 72°03'08" EAST 23.30 FEET TO THE TRUE POINT OF BEGINNING. AREA = 0.028 ACRES, MORE OR LESS. • MICK Y B. Gld1,RRE RCE 27648 EXP. 3-31-1 LAND PER DEED REC. 3/25/91 AS DOC. NO. 1991-0131154 O.R. `r" Ct ..� / rh ry ....->~ \z( o r Sri. i.. SY yY i/L, Cr'>41.03z z S 25.29' i1 W r S 22'28 59 E t„ ca '7c Jr \\ .54' I-- LAND PER DEED REC2 AS DOC. .---�� / A i° $ 6T'25'36 � ( 819929 0503260 0 R. /��'� l85 A COON S58091,?7 490 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of c)uf r\ Di JI On I a 1 7..� 0 4 ....-- before me, Da e personally appeared T— rZ ►.kn1 k } Pc(65 A. ARg.Javl No2u P( /3(--1C Here Insert Name and TIII the Off cer — V V O IV G7 .. hS A . ARRAY ,y y. C�.,t ~1680398 (h . `,,.!;; •4L.FORN U ��dJ SA!: V'�' r.ii MY CO" rt.:rr. J._Y 10, 2010 "4 place Notay Seal Abcve Narnels) of Siynotrs) who proved to me on the basis of satisfactory evidence to be the person whose name($ is/afe subscribed to the within instrument and acknowledged to me that he/.& efthey executed the same in his/fherlteff authorized capacity(ies)-, and that by his/Hefftfaeir signature(0 on the instrument the person(a+)r, or the entity upon behalf of which the person(gacted, 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 and and official seal. Signature ll�r.'`✓"�/�/�`;`�— Sigr.;lurn cf N(�tary P RYi. OPTIONAL Though the information below is not required by law. it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: t u Vv+- t U 0-- "re Wi o ark ✓ In 00 rY.. tet,t.c i D r1 �i e ✓r�P ►v{' �eo,?t�, Document Date: o 9 Number of Pages: Signer(s) Other Than Named Above: \A O V + 1A e r- S � /1.1 rS Capacity(ies) Claimed by Signer(s) Signer's Name: F e\ N K Q ' \X U lU GI Individual Corporate Officer — Title(s): Partner — . • Limited . eneral Attorney in Fact Top of " ;r- I.ar Trustee Guardian or Conservator Other: Signet Is Representing JPr/\ i} t> p L f RIGHT THUMBPR':JT OF SIGNEP Signer's Name: Individual Corporate Officer — Title(s): II Partner — Limited Gener I Attorney in Fact Trustee .. Guardian or Con i Other: Signer I Inu o. T r•lb o OMK- 4:7-4.C7,,Ci=. cA4rx.4.X=e.scz.W7>U4s e.: 43ZZ 1P20C./ Nall oral Notary AssociaItor•935OUe Seto Ave 0 Box ?402•Chatsworth. CA 51313-2402•www N,flirx el\nfarycry tem e5907 Reorder Call T'I Fret! •-A0O-R7R-RA27 • RECORDED Ar THE REQUEST OF CHICAGO TITLE CO RECORDING REQUESTED BY and AFTER RECORDING MAIL TO: City of National City 1243 National City Blvd National City, CA 91950-4301 -73"7 tcot) ! 3�`f D O C # 2010-0239468 111111111N 1111111111111111111111111111111111111111 I1111 I11111I D 1111 MAY 13, 2010 8:00 AM OFFICIAL RECORDS ((�� SAN DIEGO DA ID L BUTLER, OFFICEUNTY RECORDER'S TLER COUNTY RECORDER U S 9 FEES. 0.00 OC: NA PAGES: 6 11111111111111111111 Hill 1111111111 UII 11111111111111111111 IIIN 111111111111111111 NO FEES DUE - FOR BENEFIT OF PUBLIC AGENCY (Space above this line for County Recorders Use Only) APN: 557-410-11 No documentary tax due R & T 11922 (amended) STREET EASEMENT For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE OF LEHMAN BROTHERS SMALL BALANCE COMMERCIAL MORTGAGE PASS -THROUGH CERTIFICATES, 2005-2, ("Grantor"), hereby grants and conveys to CITY OF NATIONAL CITY, ("Grantee"), a permanent and exclusive easement ("Easement') for street purposes over, under and upon the land located in the County of San Diego, State of California, more particularly described in Exhibit "A" and depicted in Exhibit "B" attached hereto and made a part hereof. Said Easement includes the right of ingress and egress for purposes of constructing a public street and appurtenances, together with the right to construct, operate, maintain, repair and replace said street and appurtenances. All references herein to Grantor and Grantee shall refer to and be binding upon their respective personal representatives, successors and assigns, specifically including any successor -in -interest to Grantor in ownership of fee title to the Easement Land and the Servient Tenement. IN WITNESS WHEREOF, Grantor has executed this Grant of Easement as of this 15 day of 4/11Lrc h . 2010. GRANTOR: U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE OF LEHMAN BROTHERS SMALL BALANCE COMMERCIAL MORTGAGE PASS -THROUGH CERTIFICATES, 2005-2 By: Aurora Bank FSB f/k/a Lehman Brothers Bank, FSB Its: Attorney -In -Fact _ By: hon Its: Vice President - Director of Real Estate CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by Street Easement dated MARC/4 /1201D , to the City of National City, is hereby accepted by order of the City Council of the City of National City per Resolution No. 2009-6L , dated APa. l 7 2o,oq and the Grantee consents to the recordation thereof by its duly authorized officer. Date: Ad R 2 ( , 2010 /r Michael R. Dalla City Clerk City of National City 1090 1091 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California )ss County of Orange ) On March 15.2010 before me, K. Rau, Notary Public, personally appeared Thomas Gurrera who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted. executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my ha official seal Signature t (Ll K. Rau, Notary Public K. RAU Commission # 1699723 otary Public - California Orange County My Canrn. Expires Nov 17, 2010 1092 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California ) )ss County of Orange On March 15, 2010 before me. K. Rau. Notary Public. personally. appeared Thomas Gurrera who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal Signature • Ct. K. Rau, Notary Public 1093 EXHIBIT "A" PERMANENT ACQUISITION APN 557-410-11 THAT PORTION OF THE EASTERLY 210.00 FEET OF THE WESTERLY 240.00 FEET OF THE NORTHERLY HALF OF THE WESTERLY HALF OF THE SOUTHWESTERLY QUARTER OF QUARTER SECTION 129 OF RANCHO DE LA NACION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 166, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS DISK STAMPED CP6 ACCORDING TO RECORD OF SURVEY MAP NO. 17515 FILED IN THE OFFICE OF THE COUNTY RECORDER ON AUGUST 30, 2002 WHICH BEARS NORTH 17°35'27" WEST 285.74 FEET FROM A BRASS DISK STAMPED CP5 ACCORDING TO SAID RECORD OF SURVEY MAP; THENCE SOUTH 21°17'05" EAST 53.60 FEET TO THE NORTHWEST CORNER OF LAND PER DEED RECORDED SEPTEMBER 6, 2000 AS DOCUMENT NO. 2000- 0478204 OF OFFICIAL RECORDS, SAID POINT BEING AT THE INTERSECTION OF THE EASTERLY LINE OF PALM AVENUE WITH THE SOUTHERLY LINE OF 121/I AVENUE, THENCE ALONG THE WESTERLY LINE OF SAID LAND AND THE EASTERLY LINE OF PALM AVENUE, SOUTH 17°47'20" EAST 5.65 FEET TO THE SOUTHWESTERLY CORNER OF LAND PER SAID DEED, SAID POINT BEING AT THE INTERSECTION OF SAID EASTERLY LINE OF PALM AVENUE WITH THE NORTHERLY LINE OF PLAZA BOULEVARD; THENCE ALONG THE SOUTHERLY LINE OF SAID LAND SOUTH 74°45'11" EAST 18.90 FEET TO THE TRUE POINT OF BEGINNING; 1. THENCE LEAVING THE SOUTHERLY LINE OF LAND PER SAID DEED NORTH 15°00'18" EAST 3.58 FEET; 2. THENCE SOUTH 74°59'42" EAST 15.00 FEET; 3. THENCE SOUTH 15°00'18" WEST 3.64 FEET TO A POINT ON THE SOUTHERLY LINE OF LAND PER SAID DEED; 4. THENCE ALONG SAID SOUTHERLY LINE NORTH 74°45'11" WEST 15.00 FEET TO THE TRUE POINT OF BEGINNING. AREA = 0.001 ACRES, MORE OR LESS. MICKEY :. Ac I E R�GC;E`27648 EXP. 3-31-12 1094 TABULATED LINE DATA UNE BEARING LENGTH LI N 15'00'18" E 3.58' L2 S 74'59'42" E 15.00' L3 S 15'00'18" W 3.64' T.P.O.B. TCE 1.6p8 EXHIBIT "B' �EE1 c 12 S ONE pN0 POMP pNy 5� P C A S RePG3515 0 Ep,S�'` 61A, 5pp• IV 7 T.P.O.B. '45'11- W PERM. ACQ. S 24�9, 557-410-11 N'44S 1, LEGEND Vi///4 T.P.O.B. P.O.B. DDI Z 50-1 �2 Zip . iittc• G. OF W L Y 1/ Z Y 1/4 OF `ir r SE:, , -�9 '1 NA Cl OiN1 166, 216. M A r PLAZA et to. PERMANENT ACQUISITION AREA = 0.001 ACRES TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA = 0.093 ACRES TRUE POINT OF BEGINNING POINT OF BEGINNING CONTROL POINT PER ROS 17515 DEED REC. 9/6/00 AS DOC. N0. 2000-0478204 O.R. REVISED BY: KA DATE: 5-03-10 DRAWN BY: KA DATE: 5-21-08 NATIONAL CITY SCALE 1" = 40' CHECKED BY: MA DATE: 5-22-08 APPROVED BY: DATE: PERMANENT ACQUISITION AND TEMPORARY CONSTRUCTION EASEMENT APN 557-410-11 U.S. BANK NATIONAL ASSOCIATION DOC. NO. DWG. NO. 1 RECORDED is I 1 HE REQUEST Ot CHICAGO TITLE CC RECORDING REQUESTED BY and AFTER RECORDING MAIL TO: City of National City 1243 National City Boulevard National City, CA, 91950 737/c/3 DOC # 2010-0239467 MAY 13, 2010 8:00 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE FEES. VID L. BUTOLER1081 , COUNTY RECORDER 1 O OQl 1 OC: NA PAGES 8 1111111 IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII 111 IIIII IIIII IIIII IIIII IIIII IIII IIII NO FEES DUE - FOR BENEFIT OF PUBLIC AGENCY (Space above this line for County Recorders Use Only) APN: 557-410-11 No documentary tax due R & T 11922 (amended) TEMPORARY CONSTRUCTION EASEMENT For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE OF LEHMAN BROTHERS SMALL BALANCE COMMERCIAL MORTGAGE PASS -THROUGH CERTIFICATES, 2005-2, ("Grantor"), hereby grants and conveys to CITY OF NATIONAL CITY. ("Grantee"), a temporary construction easement ("Easement") and the right to use and occupy the surface and subsurface of said easement for a period of twelve (12) months, commencing upon the start of construction activities with Grantee providing a minimum of 30 days written notice to Grantor. Said Easement is located in the County of San Diego, State of California, more particularly described in Exhibit "A" and depicted in Exhibit "B" attached hereto and made a part hereof. Said Easement and right shall be all acts necessary for the purpose of constructing street improvements and related appurtenant structures associated with the Plaza Boulevard Widening Project. Such acts shall include, without limitation, constructing and installing street improvements, driveway transitions, restriping parking lots, drainage structures, utilities, retaining walls, slopes, and landscaping. Grantor further grants the right of unobstructed ingress and egress to the Easement, including the right to pass and re -pass over and along the Easement and to deposit tools, implements and other materials on the Easement and to utilize construction, automotive and other equipment thereon when necessary for the purpose of exercising its rights hereunder. Grantee's contractor shall keep one driveway along Plaza Boulevard open at all times during construction activities. Upon completion of any work, for the purposes and uses herein granted, Grantee shall restore, at Grantee's expense, the surface of the Easement to substantially the same condition as prior to such work. 1082 Grantee shall indemnify, protect, defend (with counsel reasonably satisfactory to Grantor) and hold Grantor, and Grantor's successors and assigns. and the directors, officers, shareholders, employees, attorneys, attorneys -in -fact, agents and contractors of Grantor and of Grantor's successors and assigns (all of the foregoing are referred to, collectively, as the "Indemnified Parties"), harmless for, from and against any and all claims (including without limitation third -party claims for personal injury or real or personal property damage), actions, administrative proceedings, interest and losses, including reasonable attorneys' and paralegals' fees and expenses, consultant fees and expert fees, together with all other costs and expenses of any kind or nature (collectively, the "Costs") that arise directly or indirectly from or in connection with the activities of Grantee and/or Grantee's employees, agents, contractors, licensees and permitees, or any of them, on or in connection with the Easement, and/or from the failure of Grantee and/or Grantee's employees, agents, contractors, licensees and permitees. or any of them, faithfully to perform in accordance with Special Provisions for Plaza Boulevard Widening Project, FY 10-11. If Grantor or any other Indemnified Party suffers or incurs any such Costs, Grantee shall pay to Grantor or such other Indemnified Party, as applicable. the total of all such Costs suffered or incurred by Grantor or such other Indemnified Party, as applicable, thirty days after written demand therefor by the Indemnified Party entitled to such payment. Notwithstanding anything to the contrary set forth in this Agreement, the indemnification provided by this paragraph shall not extend to any Costs incurred by an Indemnified Party that are finally determined by a court of competent jurisdiction to have been incurred as a result of such Indemnified Party's gross negligence or intentional misconduct. Grantee's indemnification obligations under this paragraph shall terminate one (1) year after the expiration or earlier termination of this Easement. The rights and obligations contained herein shall inure to the benefit of and be binding upon the successors -in -interest, agents, employees, assigns, and transferees of the parties hereto. The Grantor, for the Grantor and Grantor's successors and assigns hereby waives any claim for any and all damages to the Grantor's remaining property contiguous to the Easement by reason of the location, construction, installation or landscaping of said Plaza Boulevard Widening Project on or adjacent to the Easement. IN WITNESS WHEREOF, Grantor has executed this Grant of Temporary Construction Easement as of this i' 9 day of /14u✓r.-A , 2010. GRANTOR: U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE OF LEHMAN BROTHERS SMALL BALANCE COMMERCIAL MORTGAGE PASS -THROUGH CERTIFICATES, 2005-2 By: Aurora Bank FSB f/k/a Lehman Brothers Bank, FSB Its: Attorney -In -Fact _ By: _ a-ef'rera Its: ce President - Director of Real Estate CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by Temporary Construction Easement dated 1 AJ. / i9 2dld, to the City of National City, is hereby accepted by order of the City Council of the City of National City per Resolution No. 2Oo9-66 , dated 1 and the Grantee consents to the recordation thereof by its duly authorized officer. Date: Apar 26 , 2010 Michael R. Dalla City Clerk City of National City A 1083 1084 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California ) )ss County of Orange ) On March 15. 2010 before me, K. Rau, Notary Public, personally appeared Thomas Gurrera who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hanarid- tidal seal Signature LPL K. Rau, Notary Public K. RAU Commlulon * 1699723 olary Public - California y.►/ '-''' Orange Count 9 V N►yCarrn. Noires Nw 17. 2010 1085 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California ) )ss County of Orange ) On March 15. 2010 before me. K. Rau. Notary Public. personally appeared Thomas Gurrera who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she,/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certif} under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Wi FNESS my hand, d official seal Signature K. Rau, Notary Public 1086 EXHIBIT "A" TEMPORARY CONSTRUCTION EASEMENT APN 557-410-11 THAT PORTION OF THE EASTERLY 210.00 FEET OF THE WESTERLY 240.00 FEET OF THE NORTHERLY HALF OF THE WESTERLY HALF OF THE SOUTHWESTERLY QUARTER OF QUARTER SECTION 129 OF RANCHO DE LA NACION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 166, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS DISK STAMPED CP6 ACCORDING TO RECORD OF SURVEY MAP NO. 17515 FILED IN THE OFFICE OF THE COUNTY RECORDER ON AUGUST 30, 2002 WHICH BEARS NORTH 17°35'27" WEST 285.74 FEET FROM A BRASS DISK STAMPED CP5 ACCORDING TO SAID RECORD OF SURVEY MAP; THENCE SOUTH 21°17'05" EAST 53.60 FEET TO THE NORTHWEST CORNER OF LAND PER DEED RECORDED SEPTEMBER 6, 2000 AS DOCUMENT NO. 2000- 0478204 OF OFFICIAL RECORDS, SAID POINT BEING AT THE INTERSECTION OF THE EASTERLY LINE OF PALM AVENUE WITH THE SOUTHERLY LINE OF 12TH AVENUE, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; 1. THENCE ALONG THE NORTHERLY LINE OF LAND PER SAID DEED, AND SAID SOUTHERLY LINE OF 12TH AVENUE, NORTH 72°03'18" EAST 16.08 FEET; 2. THENCE LEAVING SAID NORTHERLY LINE SOUTH 74°59'42" EAST 33.46 FEET; 3. THENCE NORTH 86°55'28" EAST 32.22 FEET; 4. THENCE SOUTH 74°59'42° EAST 108.79 FEET; 5. THENCE SOUTH 17°42'57" EAST 25.39 FEET; 6. THENCE SOUTH 74°59'42" EAST 51.39 FEET TO THE EASTERLY LINE OF LAND PER SAID DEED; 7. THENCE ALONG SAID EASTERLY LINE SOUTH 17°47'20" EAST 3.80 FEET TO THE SOUTHEAST CORNER OF SAID LAND, SAID POINT BEING ON THE NORTHERLY LINE OF PLAZA BOULEVARD; 8. THENCE ALONG THE SOUTHERLY LINE OF LAND PER SAID DEED NORTH 74°45'11" WEST 216.60 FEET; 9. THENCE LEAVING SAID SOUTHERLY LINE NORTH 15°00'18" EAST 3.64 FEET; 10. THENCE NORTH 74°59'42" WEST 15.00 FEET; 11. THENCE SOUTH 15°00'18" WEST 3.58 FEET TO A POINT ON THE SOUTHERLY LINE OF LAND PER SAID DEED; 12. THENCE ALONG SAID SOUTHERLY LINE NORTH 74°45'11" WEST 18.90 FEET TO THE SOUTHWEST CORNER OF SAID LAND, SAID POINT BEING THE INTERSECTION OF SAID NORTHERLY LINE OF PLAZA BOULEVARD WITH SAID EASTERLY LINE OF PALM AVENUE; 13. THENCE ALONG THE WESTERLY LINE OF LAND PER SAID DEED NORTH 17°47'20" WEST 5.65 FEET TO THE TRUE POINT OF BEGINNING. Page 1 of 2 AREA = 0.093 ACRES, MORE OR LESS. MIC EXP. 3-31-12 RAN648 1087 Page 2 of 2 1 088 TABULATED LINE DATA LINE BEARING LENGTH L1 N 15'00'18" E 3.58' L2 S 74'59'42" E 15.00' L3 S 15'00'18" W 3.64' P.0.8. (\\ trit3 \\0 EXHIBIT "B" N 1 ��c �eik�P�N�1S1 T.P.O.B. TCE N - ',5. ' k2. �� f A/2 / 5 iA.Sg q6' / N 86'55'28' E _ OF sr � 32.22' LAND PER Q D01 l7 J n �� r r� f vs. SDi �21 1410 R. REAG6'2 pG v.2. N 74 45'1. T.P.0.8. 1 W PERM. ACQ. LEGEND \ u�� T.P.O.B. P.O.B. A DD1 216.60.' PLAzA et vb. rr \ Jr W' L 1' 1/ 21. / 1/4 Jr JrL', 129 '1 NA CI JN 1860 . e•� „Los fir^ PERMANENT ACQUISITION AREA = 0.001 ACRES TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA = 0.093 ACRES co TRUE POINT OF BEGINNING POINT OF BEGINNING CONTROL POINT PER ROS 17515 DEED REC. 9/6/00 AS DOC. NO. 2000-0478204 O.R. REVISED BY: KA DATE: 5-03-10 DRAWN BY: KA DATE: 5-21-08 NATIONAL CITY SCALE 1._40' CHECKED BY: MA DATE: 5-22-08 APPROVED BY: DATE: PERMANENT ACQUISI110N AND TEMPORARY CONSTRUCTION EASEMENT APN 557-410-11 U.S. BANK NATIONAL ASSOCIATION DOC. NO. DWG. NO. ' blEbORDED AT THE REQUEST OF ' CHICAGO TITLE CO RECORDING REQUESTED BY and AFTER RECORDING MAIL TO: City of National City 1243 National City Blvd National City, CA 91950-4301 \:i C.1 G� III DOC it 2010-0232914 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIINIIIIIIIIIIIIIIIIIII MAY 10, 2010 8:00 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE DAVID L BUTLER, COUNTY RECORDER FEES: 0.00 OC: NA PAGES 6 1111111 IIllh 1IIll IINl 1Illh IIIII INII hIIII 1111111111111111Illh IIIlI Ohfl 1111111111111 3361 NO FEES DUE - FOR BENEFIT OF PUBLIC AGENCY (Space above this line for County Recorders Use Only) APN: 557-330-09 No documentary tax due R & 11922 (amended) STREET EASEMENT For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, JADE GROUP LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, ("Grantor"), hereby grants and conveys to CITY OF NATIONAL CITY, ("Grantee"), a permanent and exclusive easement ("Easement") for street purposes over, under and upon the land ("Servient Tenement") located in the County of San Diego, State of California, more particularly described in Exhibit "A" and depicted in Exhibit "B" attached hereto and made a part hereof. Said Easement includes the right of ingress and egress for purposes of constructing a public street and appurtenances, together with the right to construct, operate, maintain, repair and replace said street and appurtenances. Said Easement and the Servient Tenement created thereby is being conveyed to Grantee in its current "as is" condition without warranty (express, implied or statutory) and with all faults, subject to all matters of record prior to the date of recordation of this Street Easement or which would otherwise be apparent from a survey of the Servient Tenement. All references herein to Grantor and Grantee shall refer to and be binding upon their respective personal representatives, successors and assigns, specifically including any successor -in -interest to Grantor in ownership of fee title to the Servient Tenement. 3362 INlZvy ITNESS WHEREOF, Grantor has executed this Grant of Easement as of this I i , 2010. GRANTOR: JADE GROUP LLC, A CALIFORNIA LIMITED LIABILITY COMPANY By: j 1' V"- 14, day of By: Type name/title Type name/title CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by Street Easement dated 5(-C-20i0 , to the City of National City, is hereby accepted by order of the City Council of the City of National City per Resolution No. 200R - 66 , dated P+A:,17 ate, and the Grantee consents to the recordation thereof by its duly authorized officer. Date: 4/- 2 2 — , 2010 hael R. D City Clerk City of National City 3363 ACKNOWLEDGMENT PAGE TO BE ATTACHED TO THE FOLLOWING DOCUMENT: Street Easement State of C t% 1 I Fc f County of � KI e50 On Ott- p 10 before me, •••St.A.2.1ArlIN4 CkOSS f �• (, personally appeared to Un\ who proved to me on the basis of satisfa ory evidence to be the person(s) whose name(s) i are subscribed to the within instrument and acknowledged to me that h= ?>i bey executed the same in his ( it authorized capacity(ws), and that by his s Ltheir 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 P ALTY OF PERJURY under the laws of the State of CA / A that the forego. •aragr..h is true and correct. WITNESS my hand and official seal. (Seal) Sigri ^•. SUZANNECROSS COMM #1690299 m Nobly Puello•Gwomia e 6AN 0I o COUNTY Ctmm. 26, 2010 Notary -Seller Printed: 03.26.10 @ 11:13AM SSCORPD0284.doc/ Updated: 11.06.09 Page 1 of 1 CA-CT-7737-5824-73709000209 3364 EXHIBIT "A" PERMANENT ACQUISITION APN 557-330-09 THAT PORTION OF 40 ACRE LOT 2 IN QUARTER SECTION 132 OF THE RANCHO DE LA NACION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 166, MADE BY GEORGE S. MORRILL, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 11, 1869, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS DISK STAMPED CP5 ACCORDING TO RECORD OF SURVEY MAP NO. 17515 FILED IN THE OFFICE OF THE COUNTY RECORDER ON AUGUST 30, 2002 WHICH BEARS SOUTH 17°35'27" EAST 285.74 FEET FROM A BRASS DISK STAMPED CP6 ACCORDING TO SAID RECORD OF SURVEY MAP; THENCE NORTH 38°51'10" WEST 155.10 FEET TO THE BEGINNING OF A NON - TANGENT 29.00-FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY, SAID POINT BEING ON THE EASTERLY LINE OF LAND IDENTIFIED AS FACILITY NO. 01758 PER DEED RECORDED SEPTEMBER 19, 2003 AS DOCUMENT NO. 2003-1154000 OF OFFICIAL RECORDS, SAID POINT ALSO BEING ON THE WESTERLY LINE OF PALM AVENUE AND THE TRUE POINT OF BEGINNING; 1. THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 51°07'25" A DISTANCE OF 25.88 FEET; 2. THENCE NORTH 74°59'42" WEST 12.86 FEET TO THE BEGINNING OF A TANGENT 367.50-FOOT RADIUS CURVE CONCAVE SOUTHERLY; 3. THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 15°42'56" A DISTANCE OF 100.80 FEET FEET TO A POINT ON THE WESTERLY LINE OF LAND PER SAID DEED; 4. THENCE ALONG SAID WESTERLY LINE NORTH 17°43'01" WEST 5.02 FEET TO THE NORTHWEST CORNER OF SAID LAND AND THE BEGINNING OF A NON -TANGENT 460.00-FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 01°58'29" WEST, SAID POINT ALSO BEING ON THE SOUTHERLY LINE OF PLAZA BOULEVARD; 5. THENCE ALONG THE NORTHERLY LINE OF SAID LAND EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 14°59'05" A DISTANCE OF 120.31 FEET TO THE BEGINNING OF A TANGENT 10.00- FOOT RADIUS COMPOUND CURVE; 6. THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 59°12'04" A DISTANCE OF 10.33 FEET TO A POINT ON SAID EASTERLY LINE OF SAID LAND; 7. THENCE ALONG SAID EASTERLY LINE SOUTH 17°47'20" EAST 19.60 FEET TO THE TRUE POINT OF BEGINNING. Page 1 of 2 3365 AREA = 0.022 ACRES, MORE OR LESS. iik MICKEY B. AG EXP. 3-31-10 RCE 27648 S-ZZ-off Page 2 of 2 3366 TABULATED LINE DATA LINE BEARING LENGTH L1 N 74'59'42" W 12.86' L2 S 17'47'20" E 15.88' L3 S 7212'40" W 9.84' N 01'58'29" W (R) LEGEND r///A T.P.O.B. P.O.B. A EXHIBIT PERMANENT ACQUISITION AREA = 0.022 ACRES TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA = 0.037 ACRES TRUE POINT OF BEGINNING POINT OF BEGINNING CONTROL POINT PER ROS 17515 » B" PLAZA BLVD. C3 z. w N 660T43" E (R) } 128�w VI'41'20 15`" LAND PER DEED REC. 9/19/03 AS DOC. NO. 2003-1154000 O.R., FACIUTY N0. 01758 PDR.LOT 2 1/4 SEC, 132 RHD, DE LA NACIDN MAP 166 557-330-09 CP6 4 in N �, \ r. o ;N \N- 0 0, , o \\F T.P.O.B. \ ACQ. „,.....)1."....-- PERM. \ AND 4 \ TCE P.O.B. CP5 -o 37 TABULATED CURVE DATA CURVE DELTA RADIUS LENGTH C1 51'07'25" 29.00' 25.88' C2 15'42'56" 367.50' 100.80' C3 14'59'05" 460.00' 120.31' C4 5912'04" 10.00' 10.33' C5 5712'22" 19.00' 18.97' C6 12'33'32" 357.50' 78.36' REVISED BY: DATE: DRAWN BY: KA DATE: 5-1-08 NATIONAL CITY 1"=30' CHECKED BY: MA DATE: 5-22-08 APPROVED BY: DATE: PERMANENT ACQUISITION AND TEMPORARY CONSTRUCTION EASEMENT APN 557-330-09 BP WEST COAST PRODUCTS LLC DOC. NO. DWG. NO. RECORDING REQUESTED BY C4 WHEN RECORDED, RETURN TO: City of National City 1243 National City Boulevard National City, CA 91950 3351 NO FEES DUE -FOR BENEFIT OF PUBLIC AGENCY APN: 557-330-09 NO DOCUMENTARY TRANSFER TAX DUE R&T 11922 Dated: 4/(o , 2010 D 0 C # 2010-0232913 I IIIIIII IIII IIIII IIIII NIII IINI IIIII IIIII IIIII IIHI IIIII IIIII IIII IIII MAY 10, 2010 8:00 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE DAVID L BUTLER, COUNTY RECORDER FEES: 0.00 OC: NA PAGES 10 IIIIIII IIIII IIIII IIIII IIIII IIII IIIII IIIII IIIII llll IIII IIIII IIIII ulll IIIII IIII IIII TEMPORARY CONSTRUCTION EASEMENT This Temporary Construction Easement (this "Agreement") is made by JADE GROUP LLC, A CALIFORNIA LIMITED LIABILITY COMPANY("Grantor"), for the benefit of CITY OF NATIONAL CITY ("Grantee"). RECITALS A. The real property owned by Grantor (the "Burdened Property") is commonly known as 1540 East Plaza Boulevard, National City, California, and legally described in the attached Exhibit "A". B. Grantor wishes to grant to Grantee a non-exclusive temporary easement (the "Easement") over a portion of the Burdened Property (the "Easement Area") legally described in the attached Exhibit "B" and depicted in the attached Exhibit "C" to be used as a work area for the construction of certain street improvements and related appurtenant structures associated with the Plaza Boulevard widening project (the "Project"). As used in this Agreement, the term "Improvements" means that portion of the Project in the immediate vicinity of the Burdened Property. AGREEMENT NOW, THEREFORE, for a good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Grant of Easement and Right of Entry. Subject to the terms and conditions set forth herein, Grantor hereby grants to Grantee the Easement over and across the Easement Area for use as a work area for construction of the Improvements. The Easement may be used only by Grantee and its employees, agents, contractors and invitees (collectively, the "Permitted Users"). The Easement rights herein granted shall terminate twelve (12) months from the commencement of construction activities on the Easement Area or upon completion of the Improvements, whichever is sooner. Grantee shall provide 30 days written notice of said commencement of construction activities. 70072014 21 ' 2. Replacement of Driveways. If in the course of construction of the Irprovements, Grantee removes any existing driveway located on the Burdened Property which fronts either Plaza Boulevard or Palm Avenue, then prior to the expiration of the term of the Easement, Grantee shall at its sole cost and expense reconstruct such driveways on the Burdened Property (the dimensions and location of which shall be substantially similar to such driveway as it exists on the Effective Date). 3. Repair of Damage. Prior to the expiration of the term of the Easement, Grantee shall return the Easement Area to substantially the same condition as existed on the Effective Date, including without limitation replacement as necessary of landscaping, irrigation systems, concrete and asphalt. 4. Permitted Users. The License may be exercised only by the Permitted Users. "Permitted User" means, individually and collectively, Grantee and its employees, agents, contractors, successors, and permitted assigns. 5. Equipment Refueling. No equipment used or to be used in connection with the Improvements shall be refueled within the Easement Area. 6. Free of Mechanic's Liens. Grantee shall pay, when due, all claims for labor and materials furnished, or alleged to have been furnished, to or at the request of Grantee or another Permitted User that are or could become secured by a mechanic's or materialmen's lien against the Burdened Property or any interest in Burdened Property. At Grantee's expense, Grantee shall promptly cause any such liens which do attach to the Burdened Property to be immediately discharged or bonded over. Grantee shall indemnify, defend and hold harmless Grantor from any damages arising out of Grantee's failure to perform its obligations under this Section 6, as provided in Section 8 below. 7. Grantee's Assumption of Risk. Grantee's exercise of any rights granted hereunder will be at its sole risk, cost and expense. Grantor shall have no liability for any expenses incurred by Grantee in connection with the construction of the Improvements or otherwise arising out of the use of the Easement Area. In addition, Grantor will not be liable or responsible for personal injury to or death of any person, or damage to property of any person, including that of Grantee or any other Permitted User, as a result of the Grantee's exercise of any rights regarding the Easement or Grantee's use of the Burdened Property. 8. Indemnification. Grantee shall indemnify, defend and hold harmless Grantor and its officers, directors, shareholders, employees, agents, contractors, successors and assigns, from and against all costs and expenses, including without limitation attorneys' fees and costs, and all liabilities, claims, and demands of others for loss of or damage to any property, or injury to or death of any person arising out of the use of the Easement Area by the Permitted Users. Grantee's obligations under this Section 8 shall survive the expiration or earlier termination of this Agreement. 70(172014. 22 3352 3353 9. Termination. Following the expiration or any earlier termination of this Agreement, and within ten (10) business days following request by Grantor, Grantee shall execute, cause to be notarized and deliver to Grantor a quitclaim deed relinquishing its right, title and interest in the Easement, which quitclaim deed Grantor is authorized to record in the Official Records of San Diego County ("Official Records"). 10. Entire Agreement; Waiver. This Agreement (including the attached Exhibits) contains the entire agreement between Grantor and Grantee regarding the Easement. Either party's waiver of a provision of this Agreement must be in writing. 11. Notices. Notices relating to this Agreement must be in writing and sent to the addresses set forth below. But a party may change its address for notices by giving notice as required by this Section 11. A written notice will be considered given (i) when personally delivered, (ii) two business days after deposit in the United States Mail as first class mail, certified or registered, return receipt requested, with postage prepaid, or (iii) one business day after deposit with a reputable overnight delivery service for next business day delivery. The parties' addresses for notices are as follows: To Grantor: To Grantee: Jade Group LLC 6330 Cardeno Drive La Jolla, CA 92037 Attn: Joyce Wong City of National City 1243 National City Boulevard National City, CA 91950 Attn: Maryam Babaki, City Engineer 12. Successors and Assigns. Except as otherwise provided in this Agreement, Grantee shall not assign or otherwise transfer its interest under this Agreement without Grantor's prior written consent, which Grantor may withhold in its sole discretion. Any such assignment or other transfer by Grantee without Grantor's prior written consent will be void. 13. Runs with Land. The Easement and the rights and obligations created in this Agreement will begin upon the date this Agreement is recorded in the Official Records and will run with the land. 14. Governing Law. This Agreement shall be governed by the laws of the State of California. 15. Attorneys' Fees. In any action or proceeding between the parties arising out of this Agreement, the prevailing party shall be entitled to its reasonable attorneys' fees and costs. 70072014. 23 • 16. Authority. Each person executing this Agreement on behalf of a party 3354 hereto represents and warrants that he or she has the authority to sign on behalf of such party and that this Agreement is binding on such party once signed by him or her. 17. Counterparts. This Agreement may be executed in counterparts. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date written above. "Grantor": JADE GROUP LLC, A CALIFORNIA LIMITED LIABILITY COMPANY By: VOA e itit*k 601/4-)mt-At. [Printed Name and Title] "Grantee": CITY OF NA IONAL CITY By: Its: Chris Zapata, City Manager [Printed Name and Title] Attest: Michael R. Dalla,/City Clerk 70072014. 24 3355 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by Street Easement dated .01� , to the City of National City, is hereby accepted by order of the City Council oft` the City of National City per Resolution No. 2001- 6G , dated/iv:I712 o , and the Grantee consents to the recordation thereof by its duly authorized officer. Date: Apieki 2.2_ , 2010 70072014 25 A Milrhael R. City Clerk City of National City 3356 ACKNOWLEDGMENT PAGE TO BE ATTACHED TO THE FOLLOWING DOCUMENT: • Temporary Construction Easement State of C'(\ -t County of On (C��o N before me,3,12_,P\-1-l-P G�Ss3� pkW.l.tpersonally appeared bb\-Q Wpm m� who proved to me on the basis of satisfactory eviden to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to the he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Cj�' l fF)e-A-L4N that the fore • •'. • • - - • raph is true and correct. WITNESS my h.nd and official seal. (Seal) ate SUZANNE CROSS COMM 11690299 rn Notary PubbCalifomfa SAN WOO COUNTY " "t CaIrf EXP. Set► 25, 2010 E Notary -Seller Printed: 03.26.10 © 11:13AM SSCORPD0284.doc / Updated: 11.06.09 Page 1 of 1 CA-CT-7737-5824-73709000209 3357 EXHIBIT "A" LEGAL DESCRIPTION OF THE BURDENED PROPERTY ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: ALL THAT PORTION OF 40 ACRE LOT 2 IN QUARTER SECTION 132 OF THE RANCHO DE LA NACION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 166, MADE BY GEORGE S. MORRILL, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 11, 1869, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWESTERLY CORNER OF THE EASETERLY 30 FEET OF SAID LOT ACRE LOT 2; THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SAID EASTERLY 30 FEET TO THE MOST EASTERLY CORNER OF LAND CONVEYED TO THE CITY OF NATIONAL CITY, BY DEED RECORDED DECEMBER 11, 1959 AS DOCUMENT NO 256565, IN BOOK 8041, PAGE 501, OFFICIAL RECORDS, BEING THE TRUE POINT OF BEGINNING; THENCE WESTERLY ALONG THE SOUTHERLY LINE OF SAID LAND AS SO CONVEYED, A DISTANCE OF 125 FEET; THENCE LEAVING SAID SOUTHERLY LINE OF SAID LAND, SOUTHERLY PARALLEL WITH THE EASTERLY LINE OF SAID 40 ACRE LOT 2 TO AN INTERSECTION WITH A LINE DRAWN WESTERLY, PARALLEL WITH THE NORTHERLY LINE OF SAID 40 ACRE LOT 2 FROM A POINT IN THE AFOREMENTIONED WESTERLY LINE OF THE EASTERLY 30 FEET OF SAID 40 ACRE LOT 2, DISTANT THEREON 125 FEET SOUTHERLY FROM THE TRUE POINT OF BEGINNING; THENCE ALONG SAID LINE EASTERLY TO SAID POINT; THENCE ALONG SAID WESTERLY LINE OF SAID EASTERLY 30 FEET OF SAID 40 ACRE LOT 2, NORTHERLY 125 FEET TO THE TRUE POINT OF BEGINNING. 3358 EXHIBIT " TEMPORARY CONSTRUC ION EASEMENT APN 557-330-09 THAT PORTION OF 40 ACRE LOT 2 IN QUARTER SECTION 132 OF THE RANCHO DE LA NACION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 166, MADE BY GEORGE S. MORRILL, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 11, 1869, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS DISK STAMPED CP5 ACCORDING TO RECORD OF SURVEY MAP NO. 17515 FILED IN THE OFFICE OF THE COUNTY RECORDER ON AUGUST 30, 2002 WHICH BEARS SOUTH 17°35'27" EAST 285.74 FEET FROM A BRASS DISK STAMPED CP6 ACCORDING TO SAID RECORD OF SURVEY MAP; THENCE NORTH 38°51'10" WEST 155.10 FEET TO A POINT ON THE EASTERLY LINE OF LAND IDENTIFIED AS FACILITY NO. 01758 PER DEED RECORDED SEPTEMBER 19, 2003 AS DOC. NO. 2003-1154000 OF OFFICIAL RECORDS, SAID POINT ALSO BEING ON THE WESTERLY LINE OF PALM AVENUE AND THE TRUE POINT OF BEGINNING; 1. THENCE ALONG SAID EASTERLY LINE SOUTH 17°47'20" EAST 15.88 FEET; 2. THENCE LEAVING SAID EASTERLY LINE SOUTH 72°12'40" WEST 9.84 FEET; 3. THENCE NORTH 17°47'20" WEST 12.81 FEET TO THE BEGINNING OF A TANGENT 19.00-FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; 4. THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 57°12'22" A DISTANCE OF 18.97 FEET; 5. THENCE NORTH 74°59'42" WEST 12.86 FEET TO THE BEGINNING OF A TANGENT 357.50-FOOT RADIUS CURVE CONCAVE SOUTHERLY; 6. THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 12°33'32" A DISTANCE OF 78.36 FEET; 7. THENCE SOUTH 18°33'03" EAST 8.00 FEET; 8. THENCE SOUTH 88°01'02" WEST 16.48 FEET TO A POINT ON THE WESTERLY LINE OF LAND PER SAID DEED; 9. THENCE ALONG SAID WESTERLY LINE NORTH 17°43'01" WEST 19.38 FEET TO THE BEGINNING OF A NON -TANGENT 367.50-FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 00°42'38" WEST; 10. THENCE LEAVING SAID WESTERLY LINE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 15°42'56" A DISTANCE OF 100.80 FEET; 11. THENCE SOUTH 74°59'42" EAST 12.86 FEET TO THE BEGINNING OF A TANGENT 29.00-FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; 12. THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 51°07'25" A DISTANCE OF 25.88 FEET TO THE TRUE POINT OF BEGINNING. Page 1 of 2 3359 AREA = 0.037 ACRES, MORE OR LESS. • GrAW 5-Z2-og MICKEY B. AGLJIRRE/RCE 27648 EXP. 3-31-10 Page2of2 TABULATED LINE DATA LINE BEARING LENGTH L1 N 74'59'42' W 12.86' L2 S 1737'20- E 15.88' L3 S 7212'40- W 9.84' N 01'58'29- W (R) LEGEND T.P.O.B. P.O.B. t EXHIBIT PERMANENT ACQUISITION AREA = 0.022 ACRES TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA = 0.037 ACRES TRUE POINT OF BEGNNING POINT OF BEGINNING CONTROL PINT PER ROS 17515 PLAZA BLVD. C3 CP6Q 336o 1ti8�w Y N \1,4120 LAND PER DEED REC. 9/19/03 AS DOC. NO. 2003-1154000 O.R., FACIIJTY NO. 01758 POFL LOT 2 1/4 SEG.. 132 RHO. DE LA NAGIDN MAP 156 T.P.O.B. `ll�. \ ACQ. ti AND \ TCE \ \\ P.O.B. CP5 -o TABULA1ED CURVE DATA CURVE DELTA RADIUS LENGTH C1 51137'25i 29.00' 25.88' C2 15'42'56" 367.50' 100.80' C3 14'59'05' 460.00' 120.31' C4 5912'O( 10.00' 10.33' C5 5712'22- 19.00' 18.97' C6 1233'32' 357.50' 78.36' REVISED BY: DATE: DRANK BY: KA DATE: 5-1-08 NATIONAL CITY 1-=30' CHECKED BY: MA DATE: 5-22-08 APPROVED BY: DATE: PERMANENT ACQUISITION AND TEMPORARY CONSTRUCTION EASEMENT APN 557-330-09 BP W ST COAST PRODUCTS LLC DOC. NO. DWG. NO. a • RECORDING REQUESTED BY &t cCc.{cjv RE6ORDING j vtekai 1 —CU City of National City 1243 National City Boulevard National City, CA, 91950 rb NF DOC # 2010-0216504 11111111111111111111113111111111111111111111131111111111111111111 APR 30, 2010 8:00 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE DAVID L BUTLER. COUNTY RECORDER FEES 0.00 OC: NA 5558 PAGES: 9 1 111111 lull Hill 1111111111111(111111811111(1111111111111111111111111111111111111111 NO FEES DUE - FOR BENEFIT OF PUB IC AGENCY (Space above this line for County Recorders Use Only) APN: 557-410-02 & 24 No documentary tax due R & T 11922 (amended) TEMPORARY CONSTRUCTION EASEMENT For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, R P & M FIRST HOTEL INVESTORS, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY ("Grantor"), hereby grants and conveys to CITY OF NATIONAL CITY, ("Grantee"), a temporary construction easement ("Easement") and the right to use and occupy the surface and subsurface of said easement for a period of twelve (12) months, commencing upon the start of construction activities with Grantee providing a minimum of 30 days written notice to Grantor. Said Easement is located in the County of San Diego, State of California, more particularly described in Exhibit "A" and depicted in Exhibit "B" attached hereto and made a part hereof. Said Easement and right shall be all acts necessary for the purpose of constructing street improvements and related appurtenant structures associated with the Plaza Boulevard Widening Project. Such acts shall include, without limitation, constructing and installing street improvements, driveway transitions, restriping parking lots, drainage structures, utilities, retaining walls, slopes, and landscaping. Grantor further grants the right of unobstructed ingress and egress to the Easement, including the right to pass and re -pass over and along the Easement and to deposit tools, implements and other materials on the Easement and to utilize construction, automotive and other equipment thereon when necessary for the purpose of exercising its rights hereunder. Upon completion of any work, for the purposes and uses herein granted, Grantee shall restore, at Grantee's expense, the surface of the Easement to a compacted, neat, clean condition, but not necessarily the same condition as prior to such work. The rights and obligations contained herein shall inure to the benefit of and be binding upon the successors -in -interest, agents, employees, assigns, and transferees of the parties hereto. The Grantor, for the Grantor and Grantor's successors and assigns hereby waives any claim for any and all damages to the Grantor's remaining property contiguous to the Easement by reason of the location, construction, installation or landscaping of said Plaza Boulevard Widening Project on or adjacent to the Easement. 5559 IN WITNESS WHEREOF, Grantor has executed this Grant of Temporary Construction Easement as of this /7 day of , 2009. GRANTOR: R P & M FIRST HOTEL INVESTORS, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY Dated: f // 74107 Dated: y 1 By: /- /A Print name: 6,7v, 1 Pc f& j It's: {CIA VP t By: � / ^C Print name: iA- 1 12 'fe' It's: 1k) Ae.v- 5560 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by Street Easement dated Nov t9 20o5 , to the City of National City, is hereby accepted by order of the City Council of the City of National City per Resolution No. 2009 - , dated APRiv 7 2001, and the Grantee consents to the recordation thereof by its duly authorized officer. Date: fa21►1%2y 2' , 2010 A 4514A Mi hael R. Dalla City Clerk City of National City CALIFORNIA ACKNOWLEDGEMENT State of California County of San Diego 5561 On November 19, 2009 , before me, MARLENE M. ZEICHICK, Notary Public, personally appeared PRAVIN K. PATEL, who proved to me on the basis of satisfactory evidence to be the person whose names is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person 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. Signature s•-2-4-0 /X. !y OPTIONAL MARLENE M. ZEICHICK Comnrssbo/1802953 1 Koury Put* • CelMornu ! San Diego CowMy Comm. Expiry Jun 21 Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Further description of Any Attached Document Title or Type of Document: TEMPORARY CONSTRUCTION EASEMENT — R P & M First Hotel Investors LLC & City of National City Document Date 11/19/2009 Number of Pages: seven Signers Other Than Named Above Right thumbprint of signer #1 Right thumbprint of signer #2 Top of thumb here Top of thumb here riall"dhaltaMerdb"16CHICK � Commis*. / 111O2f81 Z Newry ►si* - Mon* s CALIFORNIA ACKNOWLEDGEMENT State of California County of San Diego 5562 On April 15, 2010, before me, Marlene M. Zeichick, personally appeared LieLP z-L , who proved to me on the basis of satisfactory evidence t6 be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person 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. Signature ,,G, OPTIONAL MA MECI 'nn�2• x Usti Pens - CI INrals • ., / Mn Mop Coolly ■ Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Further description of Any Attached Document 7 - 'y/e - c:-- r ,> 7' Title or Type of Document , ,r e�z �% . Ce ?c, 'ue`, cr.. c r Document Date / t Number of Pages Signer(s) Other Than Named Above -t-e C-jtQ Right thumbprint of signer Fop of thumb here MARLENE M. ZEICMILK Commission * 1802953 Notary Public - California San Diego County My Comm. Expires Jun 21, 20121 5563 EXHIBIT "A" TEMPORARY CONSTRUCTION EASEMENT APN 557-410-02 THAT PORTION OF THE NORTHERLY HALF OF THE WESTERLY HALF OF THE SOUTHWESTERLY QUARTER OF QUARTER SECTION 129 OF RANCHO DE LA NACION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF BY MORRILL NO. 166, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 11, 1869, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS DISK STAMPED CP5 ACCORDING TO RECORD OF SURVEY MAP NO. 17515 FILED IN THE OFFICE OF THE COUNTY RECORDER ON AUGUST 30, 2002 WHICH BEARS SOUTH 17°35'27" EAST 285.74 FEET FROM A BRASS DISK STAMPED CP6 ACCORDING TO SAID RECORD OF SURVEY MAP; THENCE NORTH 49°25'19" EAST 232.40 FEET TO THE SOUTHWEST CORNER OF PARCEL 2 OF DEED RECORDED DECEMBER 3, 1998 AS DOCUMENT NO. 1998- 0783576 OF OFFICIAL RECORDS, SAID POINT BEING ON THE NORTHERLY LINE OF PLAZA BOULEVARD, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; 1. THENCE LEAVING SAID NORTHERLY LINE ALONG THE WESTERLY LINE OF SAID PARCEL 2 NORTH 17°47'20" WEST 10.20 FEET; 2. THENCE LEAVING SAID WESTERLY LINE SOUTH 75°07'26" EAST 48.03 FEET; 3. THENCE NORTH 16°47'59" WEST 17.06 FEET; 4. THENCE SOUTH 83°48'05" EAST 21.10 FEET TO A POINT ON THE EASTERLY LINE OF SAID PARCEL 2; 5. THENCE ALONG SAID EASTERLY LINE SOUTH 17°47'20" EAST 31.78 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL 2, SAID POINT BEING ON SAID NORTHERLY LINE OF PLAZA BOULEVARD; 6. THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL 2 NORTH 74°45'11" WEST 71.57 FEET TO THE TRUE POINT OF BEGINNING. AREA = 0.023 ACRES, MORE OR LESS. MIKEY B. EXP. 3-31-1 RE RCE 27648 5 ZZ-o4 FESS/Ok Q�cti�3. Agit('\ No. 270S Exp.031$00 emu OF CM.* 5564 EXHIBIT "A" TEMPORARY CONSTRUCTION EASEMENT APN 557-410-24 THAT PORTION OF THE NORTHERLY HALF OF THE WESTERLY HALF OF THE SOUTHWESTERLY QUARTER OF THE QUARTER SECTION 129 OF RANCHO DE LA NACION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF BY MORRILL NO. 166, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS DISK STAMPED CP5 ACCORDING TO RECORD OF SURVEY MAP NO. 17515 FILED IN THE OFFICE OF THE COUNTY RECORDER ON AUGUST 30, 2002 WHICH BEARS SOUTH 17°35'27" EAST 285.74 FEET FROM A BRASS DISK STAMPED CP6 ACCORDING TO SAID RECORD OF SURVEY MAP; THENCE NORTH 61°40'38" EAST 278.96 FEET TO THE SOUTHWEST CORNER OF PARCEL 1 PER DEED RECORDED DECEMBER 3, 1998 AS DOCUMENT NO. 1998- 0783576 OF OFFICIAL RECORDS, SAID POINT BEING ON THE NORTHERLY LINE OF PLAZA BOULEVARD, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; 1. THENCE ALONG THE WESTERLY LINE OF SAID PARCEL 1 NORTH 17°47'20" WEST 31.78 FEET; 2. THENCE LEAVING SAID WESTERLY LINE SOUTH 83°48'05" EAST 29.98 FEET; 3. THENCE SOUTH 8°40'13" WEST 22.58 FEET; 4. THENCE SOUTH 74°59'42" EAST 6.29 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID PARCEL 1; 5. THENCE ALONG SAID SOUTHERLY LINE SOUTH 82°18'47" WEST 22.97 FEET TO THE TRUE POINT OF BEGINNING. AREA = 0.015 ACRES, MORE OR LESS. MICKEY B. A EXP. 3-31-10 Uwe 5-/9-07 E RCE 27648 • o. 4 8 EXP. 31 R 10 P.O.B. (LEGEND CP5 F p ZA r i iL Ld EASEMENT (ICE)CONSTRUCTION AREA = 0.015 AGES T.P.O.B. TRUE POINT OF BEGINNING EXHIBIT "B" PVI J N'LY 1/2 JF W'► Y 1/2 JF SW'L Y 1/4 OF GiJAF rrri SEC, -129 RJ-1O, DE LA NACJON >`ilAP 166 P.O.B. POINT OF BEGINNING CONTROL POINT PER ROS 17515 REVISED BY: DRAWN BY: KA CHECKED BY: MA APPROVED BY: DATE: 4-9-08 DATE: 5-16-08 DATE: POft oF NW 1/4 O 71-1E W 1/2 OF Lai' 2 DF QUARTER JEC. 120 RHO DE LA NAC'1JN 1\JJAP 166 NATIONAL aTY TEMPORARY CONSTRUCTION EASEMENT APN 557-410-24 R P & M FIRST HOTEL INVESTORS, LLC SCALE 1._50 DOC. NO. DWG. NO. t t' Recording requested by: CHICA(O TITLE COMPANY RECORDING REQUESTED BY and AFTER pECGRDING MAIL TO: City of National City 1243 National City Boulevard National City, CA, 91950 2453 DOC# 2010-0178492 11111111 IIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII APR 12, 2010 8:00 AM OFFICIAL RECORD; SAN ['IEGO COUNT , FECORDE;:: OFFICE DA. ID L SUTLER. COUNTY RECOR:,EP FEES 000 oc NA PAGES: 8 111111111111111111111111111111111111111111111111111111111111 NO FEES DUE - FOR BENEFIT OF PUBLIC AGENCY (Space above this line for County Recorders Use Only) APN: 557-250-40 No documentary tax due R & T 11922 (amended) TEMPORARY CONSTRUCTION EASEMENT DOCUMENTARY TRANSFER TAX $151. For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, GLENN C. BATCHELOR, TRUSTEE OF THE G. BATCHELOR TRUST DATED 01- 25-07 ("Grantor"), hereby grants and conveys to CITY OF NATIONAL CITY, ("Grantee"), a temporary construction easement ("Easement") and the right to use and occupy the surface and subsurface of said easement for a period of twelve (12) months, commencing upon the start of construction activities with Grantee providing a minimum of 30 days written notice to Grantor. Said Easement is located in the County of San Diego, State of California, more particularly described in Exhibit "A" and depicted in Exhibit "B" attached hereto and made a part hereof. Said Easement and right shall be all acts necessary for the purpose of constructing street improvements and related appurtenant structures associated with the Plaza Boulevard Widening Project. Such acts shall include, without limitation, constructing and installing street improvements, driveway transitions, restriping parking lots, drainage structures, utilities, retaining walls, slopes, and landscaping. Grantor further grants the right of unobstructed ingress and egress to the Easement, including the right to pass and re -pass over and along the Easement and to deposit tools, implements and other materials on the Easement and to utilize construction, automotive and other equipment thereon when necessary for the purpose of exercising its rights hereunder. Upon completion of any work, for the purposes and uses herein granted, Grantee shall restore, at Grantee's expense, the surface of the Easement to a compacted, neat, clean condition, but not necessarily the same condition as prior to such work. The rights and obligations contained herein shall inure to the benefit of and be binding upon the successors -in -interest, agents, employees, assigns, and transferees of the parties hereto. r1 No, impacts to the structure or pole sign will occur during construction. Access to the business from Plaza . Blvd. to Grantor's property shall remain open at all times. The Grantor, for the Grantor and Grantor's successors and assigns hereby waives any claim for any and all damages to the Grantor's remaining property contiguous to the Easement by reason of the location, construction, installation or landscaping of said transit station on or adjacent to the Easement. 2454 IN WITNESS WHEREOF, Grantor has executed this Grant of Temporary Construction Easement as of this ( day of i rr , 2009. Dated: 4-1 - t1 ' GRANTOR: GLENN C. BATCHELOR, TRUSTEE OF THE G. BATCHELOR TRUST DATED 01-25-07 BY: Aecten (� 6-27thttly-t_ Print name: GL6'N,I C. It's: -rp 057, P • 2455 CALIFORNIA ACKNOWLEDGEMENT State of California County of San Diego On �L� c / 7-e/4 y , before me, Marlene M. Zeichick. Notary Public, personally appeared i��cJ CC ftc,_/ �w who proved to me on the basis of satisfactory evidence to be the person'(*) whose name/arc subscribed to the within instrument and acknowledged to me thaLfii h executed the same in their authorized capacityO,.and that bygYshelsheir signaturets4.on the instrument the persori si, 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. Signature '-�,�jj! OP1'IONAI. Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Further description of Any Attached Document Title or Type of Document: Document Date /(X47 Num of Pages:/ -- Signers Other Than Named Above Right thumbprint of signer # 1 Top of thumb here Right thumbprint of signer #2 1 op of thumb here . 2456 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by Street Easement dated OC7oM . i 200i , to the City of National City, is hereby accepted by order of the City Council of the City of National City per Resolution No. 2009-46 , dated,V i'rr 7?ee� and the Grantee consents to the recordation thereof by its duly authorized officer. Date: 0G70aa 13 , 2009 A Mi ael R. Ilalla City Clerk City of National City 2451 EXHIBIT "A" TEMPORARY CONSTRUCTION EASEMENT APN 557-250-40 THAT PORTION OF PARCEL 2 OF PARCEL MAP NO. 5574, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. FEBRUARY 16, 1977. MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS DISK STAMPED CP7 ACCORDING TO RECORD OF SURVEY MAP NO. 17515 FILED IN THE OFFICE OF THE COUNTY RECORDER ON AUGUST 30, 2002 WHICH BEARS SOUTH 68°00'04" EAST 793.37 FEET FROM A BRASS DISK STAMPED CP8 ACCORDING TO SAID RECORD OF SURVEY MAP; THENCE NORTH 37°34'06" WEST 189.57 FEET TO A POINT ON THE EASTERLY LINE OF SAID PARCEL 2, SAID POINT ALSO BEING ON THE WESTERLY LINE OF N AVENUE AND THE TRUE POINT OF BEGINNING; 1. THENCE ALONG SAID EASTERLY LINE SOUTH 11"14'09" WEST 5.00 FEET TO THE NORTHERLY CORNER OF THAT PORTION OF SAID PARCEL 2 DEEDED TO THE CITY OF NATIONAL CITY BY DEED RECORDED SEPTEMBER 23, 1977, AS FILE NO. 77-390650 OF OFFICIAL RECORDS AND THE BEGINNING OF A TANGENT 17.50-FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; 2. THENCE LEAVING SAID EASTERLY LINE SOUTHWESTERLY ALONG THE NORTHWESTERLY LINE OF LAND PER SAID DEED AND ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 89°59'24" A DISTANCE OF 27.49 FEET TO THE WESTERLY CORNER OF SAID LAND, SAID POINT BEING ON THE SOUTHERLY LINE OF SAID PARCEL 2 AND ON THE NORTHERLY LINE OF PLAZA BOULEVARD; 3. THENCE ALONG SAID SOUTHERLY LINE NORTH 78"46'27" WEST (NORTH 79°49'30" WEST PER PARCEL MAP 5574) 102.50 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL 2; 4. THENCE ALONG THE WESTERLY LINE OF SAID PARCEL 2 NORTH 11 °07'41 ` EAST 9.50 FEET: 5. THENCE LEAVING SAID WESTERLY LINE SOUTH 78°46'27" EAST 13.92 FEET; 6. THENCE SOUTH 9°25'47" WEST 2.78 FEET: 7. THENCE SOUTH 77°58'06" EAST 38.80 FEET; 8. THENCE SOUTH 8"33'59" WEST 2.22 FEET: 9. THENCE SOUTH 79°04'08" EAST 12.24 FEET; 10. THENCE NORTH 8°10'08" EAST 5.48 FEET; 11. THENCE SOUTH 78°46'27" EAST 4.20 FEET; 12. THENCE NORTH 10°13'34" EAST 13.00 FEET; 13. THENCE SOUTH 78°46'27" EAST 51.19 FEET TO THE TRUE POINT OF BEGINNING. Page 1 of 2 2458 AREA = 0.036 ACRES. MORE OR LESS. MIKEYB. AO;UI EXP. 3-31-10 I Page 2of2 2459 PM 12554 PAR, EXHIBIT "B" PM �3/1114 POR, OR, r r,1T1. B TABULATED UNE DATA UNE BEARING LENGTH L1 S 8'33'59" W 2.22' L2 N 810'08" E 5.48' L3 S 78'46'27" E 4.20' 12' ACCESS AND UTILITY EASMENT REC. 11/26/63 AS FILE NO. 210450 O.R. R O 17) Q S 78 7 \ S 778'06" 4• N A 51.19'E ACP8 - N 784627" LEGEND T.P.O.B. P.O.B. A PL(AZA eo VD. �boo4. TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA = 0.036 ACRES TRUE POINT OF BEGINNING POINT OF BEGINNING CONTROL POINT PER ROS 17515 102.50. A = 89'59'24" R = 17.50' L = 27.49' k Q z T.P.O.B. TCE POR. OF PAR. 2 DEEDED TO CITY OF NATIONAL CITY BY ;y / DEED REC. 9/23/77 \ it> AS FILE NO. 77-390650 O.R. \sue \ \ (P.0.B. CP7 REVISED BY: DATE: DRAWN BY: KA DATE: 5-21-08 NATIONAL CITY 1"=30' CHECKED BY: MA DATE: 5-27-08 APPROVED BY: DATE: TEMPORARY CONSTRUCTION EASEMENT APN 557-250-40 G. BATCHELOR TRUST 1-25-07 DOC. NO. DWG. NO. 2460 NOTARY SEAL CERTIFICATION (Government Code 27361.7) I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS: �,' �, fA . ' car\(c k Name of the Notary: Commission Number: 21-I 02 Date Commission Expires: 2 County Where Bond is Filed:9:An DUo Manufacturer or Vendor Number: NNP\ (Located on both sides of the notary seal border) Signature: Firm Place of Execution: San Diego Rec x„ a::... i He, if applicable) 1D Date: / / Recording requested by: * CHICAGO TITLE COMPANY A. ' RECORDING REQUESTED BY and AFTER RECORDING MAIL TO: City of National City 1243 National City Blvd National City, CA 91950-4301 1850 NO FEES DUE - FOR BENEFIT OF PUBLIC AGENCY APN: 556-590-56 DOG # 2010-01 17142 �IIII�I �I�I IIID IIIII IIII IIIII IIIII IIIII DIII �III� �1111 IIIII IIII IIII MAR 10, 2010 8:00 AM OFFICIAL RECORDS SAN DIE30 COUNTY RELJRDER'S OFFICE DA'i:D L BUTLER, COUNTY RECORDER FEES. 000 OC NA PAGES: 8 11111111111111111111111111111111111111111111111111111111111111 (Space above this line for County Recorders Use Only) No documentary tax due R & T 11922 (amended) STREET EASEMENT For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, GARY L. BROWNING AND SUSAN J. BROWNING, TRUSTEES OF THE BROWNING TRUST UTD 10-21-98, ("Grantor"), hereby grants and conveys to CITY OF NATIONAL CITY, ("Grantee"), a permanent and exclusive easement ("Easement") for street purposes over, under and upon the land located in the County of San Diego, State of California, more particularly described in Exhibit "A" and depicted in Exhibit "B" attached hereto and made a part hereof. Said Easement includes the right of ingress and egress for purposes of constructing a public street and appurtenances, together with the right to construct, operate, maintain, repair and replace said street and appurtenances. All references herein to Grantor and Grantee shall refer to and be binding upon their respective personal representatives, successors and assigns, specifically including any successor -in -interest to Grantor in ownership of fee title to the Easement Land and the Servient Tenement IN WITNESS WHEREOF, Grantor has executed this Grant of Easement as of this Iv day of 2009. GRANTOR: GARY L. BROWNING AND SUSAN J. BROWNING, TRUSTEES OF THE BROWNING TRUST UTD 10-21-98 By: fe By;,rattiel),21 —�Tlat2li SBrowning, Trustee Gary L. Browning, Trustee 1851 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by Street Easement dated Jvh.i ` 100 ti , to the City of National City, is hereby accepted by order of the City Council of the City of National City per Resolution No. fig' ‘4 , datedAPP4L 7200 and the Grantee consents to the recordation thereof by its duly authorized officer. Date: Avfar 3 , 2009 A, Michael R. Dall City Clerk City of National City 1852 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT c.cex'r •e.x. cr'cc.Q cr,cl'.c.'.crcc. `. .t,`.ceze• .o.".crcrc�tY oY•rx:4,-f>-x-ioc crrcrcrcronocz< State of California County of On -1 M;1-6u ua:e personally appeared before me, THERESA SMIGIE, Commission N 18228e9 Notary Public - Califo,nia San Diego County Comm &m ,es Dec 1 ' ?012 Pace Notary Seal Above of • er,$) T-Jtttlw 01Nott who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my _ d and Signature OPTIONAL Though the information below is not required by law. it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: Number of Pages: Individual Corporate Officer — Title(s): Partner — i Limited __ General Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing RIGHT THUMBPRINT OF SIGNER L.I ry Signer's Name: Individual J Corporate Officer — Title(s): _- Partner — _ Limited _ General . Attorney in Fact Trustee I Guardian or Conservator Other: Signer Is Representing: K>290/ Naioial Wary Assoc on • 9350 De Soto Ayr:, PC Pox i402d3-. s.orth CA 91313-24C2•nn, NalenaJNctarvor7 Jinn »707 R,vrNe:. Call Toll -Free 1853 EXHIBIT "A" PERMANENT ACQUISITION APN 556-590-56 THAT PORTION OF PARCEL 9 OF PARCEL MAP NO. 12079 BEING A DIVISION OF PORTIONS OF 40.00 ACRE LOTS 1 AND 2 AND 20.00 ACRE LOTS 2 AND 3 OF Y SECTION 132 OF THE RANCHO DE LA NACION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 166, MADE BY MORRILL, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON MAY 11, 1869, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS DISK STAMPED CP9 ACCORDING TO RECORD OF SURVEY MAP NO. 17515 FILED IN THE OFFICE OF THE COUNTY RECORDER ON AUGUST 30, 2002 WHICH BEARS SOUTH 77°41'45" WEST 1270.33 FEET FROM A BRASS DISK STAMPED CP8 ACCORDING TO SAID RECORD OF SURVEY MAP; THENCE NORTH 86°31'39" EAST 551.96 FEET TO A POINT ON THE WESTERLY LINE OF SAID PARCEL 9, SAID POINT BEING THE TRUE POINT OF BEGINNING; 1. THENCE ALONG SAID WESTERLY LINE NORTH 17°46'17" WEST 3.18 FEET TO THE NORTHWEST CORNER OF SAID PARCEL 9, SAID POINT BEING ON THE SOUTHERLY LINE OF PLAZA BOULEVARD; 2. THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL 9 NORTH 72°13'43" EAST 119.00 FEET TO THE NORTHEAST CORNER OF SAID PARCEL 9; 3. THENCE ALONG THE EASTERLY LINE OF SAID PARCEL 9 SOUTH 17°46'17" EAST 4.24 FEET; 4. THENCE LEAVING SAID EASTERLY LINE SOUTH 72°44'12" WEST 119.00 FEET TO THE TRUE POINT OF BEGINNING. AREA = 0.010 ACRES, MORE OR LESS. MICKEY B. AG EXP. 3-31-10 1854 EXHIBIT "B" 1210.33' $ -j7'41' 45• i — iz------- Z 1 1 —>a 0 1 �� % -- P.O.B. CP9 N 551.96' 86-31'39• E T.P.O.B: PERM. ACQ. AND TCE PM 13960 PAR, 2 • — NOTE: A BLANKET EASEMENT FOR DRAINAGE PER PM 12079 COVERS ENTIRE PROPERTY. LEGEND T.P.O.B. P.O.B. A _-A CP8 5 4 24 PAR, 1 PM 12079 cvN PAH, 2\ PERMANENT ACQUISITION AREA = 0.010 ACRES TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA = 0.033 ACRES TRUE POINT OF BEGINNING POINT OF BEGINNING CONTROL POINT PER ROS 17515 REVISED BY: DATE: DRAWN BY: KA DATE: 5-13-08 NATIONAL CITY 1•=30' CHECKED BY: MA DATE: 6-13-08 APPROVED BY: DATE: PERMANENT ACQUISITION AND TEMPORARY CONSTRUCTION EASEMENT APN 556-590-56 THE BROWNING TRUST DOC. NO. DWG. NO. 1855 Feb 17 10 04:33p Sue Browning UL/tVLVIV Ib.LD r,bA CHICAGO TIYt1 ERCROW 318 W. IA9SI0N AVE. STE. 121 ESCONDIDD,CA. 92026 ATTN;TERRY SMIQIEL Re: E76441 6194434246 Chicago Title ESCONDIDO ESCROW BRANCH 316 W. Mission Ave., 1121, Escondido. CA 92025 Tel. 17 501 746388I Fax I7601 7469207 February 2. 2010 RE; Beek at The West Loon 13600061022. Adventists' CDC LOAN .9123824005 BORROWER BROWNING MET DATED OCTOBER 2I,1993 TEMPORARY EASEMENT AND START EASEMENT TO THE CITY OF NATIONAL CITY Deer Tony: p.1 o VVL/uuL Rena ecapt INN letter as Acknowledgment that Brink of the Weak, Adverse?, Certified Development Corporation, and US SmeE Business Administration, are ewers of the wemantlsl being granted to the City aver a portion of the land located m 920 E.Plata Bed. National Ow Ca. APN 1556690-56 Isos attachments> If there are any Quest • please feel Nee to Cordite me at 1M telephone number listed above. 6ncetd Bonk of the West Dir actor aloe l Title: 03 9ma11 . insew •• a LB TSDST.DATED OCTOBER 21.1998 f rvs�-ems 1 tee 1, Trusters Should you have any questions, pious do seal insane to aontect us et the telephone nunbv rel eenced above. 0ur regular business hews ago ?AO a.m. to 6.•00 p.m. Monday through Ffdsy. Thank you again for the opportunity to be of service ID you. Kindest regards, CHICiAGO T1n•E COMPANY 1856 TRUE COPY CERTIFICATION (Govemment Code 27361.7) San Diego Place of Execution I certify under penalty of perjury that this material is a true copy of the original material contained in this document. / )U / U fCAV P4b1p/A3(DateSignature of Declt 12=i4 c Type or Print Nirde Rec Ftxm #R9 1 0111.03) CHICAGO TITLE ESCROW 316 W. MISSION AVE. STE. 121 ESCONDIDO,CA. 92025 ATTN;TERRY SMIGIEL Re: E76441 1857 ChicapTitle ESCONDIDO ESCROW BRANCH 316 W. Mission Ave., /121, Escondido, CA 92025 Tel. (760) 746-3882 Fax (760) 746-9207 February 2, 2010 RE; Bank of The West Loan ,fr 3600056022. Advantage CDC LOAN #9123624005 BORROWER: BROWNING TRUST DATED OCTOBER 21,1998 TEMPORARY EASEMENT AND STREET EASEMENT TO THE CITY OF NATIONAL CITY Dear Terry: Please accept this letter as Acknowledgment that Bank of the West, Advantage Certified Development Corporation, and US Small Business Administration, are aware of the easement(s) being granted to the City over a portion of the land located at 920 E.Plaza Blvd. National City Ca. APN #556-590-56 (see attachments) If there are any question please feel free to contact me at the telephone number listed above. Sincere Bank of the West Regina Grant Peterson, Executive Director Advantage Certified Development Corporation Name: Title: US Small Business Administration BROWNING TRUST DATED OCTOBER 21.1998 Gary Browning, Trustee Susan Browning, Trustee Should you have any questions, please do not hesitate to contact us at the telephone number referenced above. Our regular business hours are 8:00 a.m. to 5:00 p.m. Monday through Friday. Thank you again for the opportunity to be of service to you. Kindest regards, CHICAGO TITLE COMPANY Recording requested by: ,�! ~ CHICAGO TITLE COMPAN\ t RECORDING REQUESTED BY and AFTER RECORDING MAIL TO: City of National City 1243 National City Boulevard National City, CA, 91950 1842 DOC # 2010-01 17141 1 IIIIIII IIII IIIII IIIII IIIII IIIII IIIII IIIII III! IIIII IIIII IIIII IIII IIII MAR 10, 2010 8:00 AM OFFICIAL RECORDS SAN D,EGic COUNT',-' RECORDER'S OFFICE DAVID L. BUTLER, COUNTY REC:GRDER FEES 000 CC NA PAGES: 8 111111111131111111111111111111111111111111111 NO FEES DUE - FOR BENEFIT OF PUBLIC AGENCY (Space above this line for County Recorders Use Only) APN: 556-590-56 No documentary tax due R & T 11922 (amended) TEMPORARY CONSTRUCTION EASEMENT For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, GARY L. BROWNING AND SUSAN J. BROWNING, TRUSTEES OF THE BROWNING TRUST UTD 10-21-98, ("Grantor"), hereby grants and conveys to CITY OF NATIONAL CITY, ("Grantee"), a temporary construction easement ("Easement") and the right to use and occupy the surface and subsurface of said easement for a period of twelve (12) months, commencing upon the start of construction activities with Grantee providing a minimum of 30 days written notice to Grantor. Said Easement is located in the County of San Diego, State of California, more particularly described in Exhibit "A" and depicted in Exhibit "B" attached hereto and made a part hereof. Said Easement and right shall be all acts necessary for the purpose of constructing street improvements and related appurtenant structures associated with the Plaza Boulevard Widening Project. Such acts shall include, without limitation, constructing and installing street improvements, driveway transitions, restriping parking lots, drainage structures, utilities, retaining walls, slopes, and landscaping. Grantor further grants the right of unobstructed ingress and egress to the Easement, including the right to pass and re -pass over and along the Easement and to deposit tools, implements and other materials on the Easement and to utilize construction, automotive and other equipment thereon when necessary for the purpose of exercising its rights hereunder. Upon completion of any work, for the purposes and uses herein granted, Grantee shall restore, at Grantee's expense, the surface of the Easement to a compacted, neat, clean condition, but not necessarily the same condition as prior to such work. The rights and obligations contained herein shall inure to the benefit of and be binding upon the successors -in -interest, agents, employees, assigns, and transferees of the parties hereto. 1843 The Grantor, for the Grantor and Grantor's successors and assigns hereby waives any claim for any and all damages to the Grantor's remaining property contiguous to the Easement by reason of the location, construction, installation or landscaping of said transit station on or adjacent to the Easement. IN WITNESS WHEREOF, C itor has executed this Grant of Temporary Construction Easement as of this (0 ad`y of ��,�ky-I 2009. GRANTOR: GARY L. BROWNING AND SUSAN J. BROWNING, TRUSTEES OF THE BROWNING TRUST UTD 10-21-98 By: Gary L. Browning, Trustee vt Bya..24*14720te* Susan J. BrL6wning, Trustee CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by Street Easement dated j„ 11 l 2.1o1 , to the City of National City, is hereby accepted by order of the City Council of the City of National City per Resolution No. 2ool-66 , datedA and the Grantee consents to the recordation thereof by its duly authorized officer. Date: ADior7 3 , 2009 °(%tiAP tit Mic ael R. Della City Clerk City of National City 1844 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 4<'�.eeleccrcY',ceact.ercY'.cccY'.cescC�;rR.°CLF>.�e.�.�cc:fraS`.c��.CS>.e`o,Lr.L`c�'.e[,e�>,ecer��'�'�'•t,�'-t,�'t.�'k�'�'�'�•�:�cs State of California County of ...3.12-•-•& On 7 &c, arscn before me C., a Ob\ �C rte f nee rrn. ale of the blli personally appeared C —'2-4—`C----e:NN Name( THERESA SM1GIEL Commission • 1822889 NotarY Public - California I San Diego County Comm. Expires Dec 13, 2012 PLur Nr;lar, Seal Above } who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Signature OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Individual Corporate Officer — Title(s): Partner — Limited 1 - General Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: Number of Pages: RIGHT THUMBPRINT OF SIGNER 'd Signer's Name: Individual • Corporate Officer — Title(s): - Partner .1 Limited ; General L Attorney in Fact Trustee Guardian or Conservator — Other: Signer Is Representing: 02007 No! one' Notary &.c:«oa6-xr 9350 De S 10 Avc.. Pp Box 2402 •Cratsworth, ;;A 913:3-24C2 • wwa•.Na7ona Notery.cr3 'tem a59C7 Reorder. Ca4 Tn Free l R30-876-5R:•7 1845 EXHIBIT "A" TEMPORARY CONSTRUCTION EASEMENT APN 556-590-56 THAT PORTION OF PARCEL 9 OF PARCEL MAP NO. 12079 BEING A DIVISION OF PORTIONS OF 40.00 ACRE LOTS 1 AND 2 AND 20.00 ACRE LOTS 2 AND 3 OF Y. SECTION 132 OF THE RANCHO DE LA NACION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 166, MADE BY MORRILL, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON MAY 11, 1869, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS DISK STAMPED CP9 ACCORDING TO RECORD OF SURVEY MAP NO. 17515 FILED IN THE OFFICE OF THE COUNTY RECORDER ON AUGUST 30, 2002 WHICH BEARS SOUTH 77°41'45" WEST 1270.33 FEET FROM A BRASS DISK STAMPED CP8 ACCORDING TO SAID RECORD OF SURVEY MAP; THENCE NORTH 86°31'39" EAST 551.96 FEET TO A POINT ON THE WESTERLY LINE OF SAID PARCEL 9, SAID POINT BEING THE TRUE POINT OF BEGINNING; 1. THENCE LEAVING SAID WESTERLY LINE NORTH 72°44'12" EAST 119.00 FEET TO A POINT ON THE EASTERLY LINE OF SAID PARCEL 9; 2. THENCE ALONG SAID EASTERLY LINE SOUTH 17°46'17" EAST 25.00 FEET; 3. THENCE LEAVING SAID EASTERLY LINE SOUTH 72°21'02" WEST 26.60 FEET; 4. THENCE NORTH 17°46'17" WEST 15.78 FEET; 5. THENCE SOUTH 72°44'12" WEST 4.99 FEET; 6. THENCE NORTH 16°56'52" WEST 2.06 FEET; 7. THENCE SOUTH 72°14'23" WEST 57.12 FEET; 8. THENCE SOUTH 16°46'38" EAST 1.57 FEET; 9. THENCE SOUTH 72°44'12" WEST 30.30 FEET TO A POINT ON THE WESTERLY LINE OF SAID PARCEL 9; 10. THENCE ALONG SAID WESTERLY LINE NORTH 17°46'17" WEST 9.40 FEET TO THE TRUE POINT OF BEGINNING. AREA = 0.033 ACRES, MORE OR LESS. MICKEY B. A EXP. 3-31-10 ARAM or: tliEektb er AIA (re----- y i P AR39260 DA>E 5�13'aB DAB 6'13'O8 DAZE EXHIBIT S 71'41'45• W PLAZA Bow. Ps B" 1270.33' 2 i19.00' _ __ N 7r13•A3• E • ,0.0,- S 724412 w .. s G+' N 9� f 57.i� s6'SY 30.30' S 7r14'23• •12 w S 7r4412 w cn S 7r44 m z z �, S 7r2i'02' trl NO1E°RAN &ow GE. PER APR 1720 , FOR n rptos LEGEND NAn►AL car ANprArvu otAPN s5 EASallivr 8ROISNNc lsr r30. poc N Oft NQ 6 S 17'46.17. E 4.24• PAR, PM 1209 $."4 \ PAR, 2\ 1847 Fob 17 10 0433p Sue Browning VL/.c.LD rrA CHICAGO TITLE ESCROW 318 W. MtSS ON AVE. STE. 121 EBCOMDIDO,t:A. 92026 ATM :TERRY SM10tEL Re:E76441 6194434246 Chicago Title ESCONDIDO ESCROW BRANCH 316 W. Minion Ave., /121, Escondido, CA 92025 Tel.1760) 748-3982 Fax f7601 748-9207 February 2. 2010 RE; Bonk Of The Wort tan t 3800051022. Advantage CDC LOAN S9123824006 BORROWER: BROMIC TRUST USED OCTOBER 21,1998 TEMPORARY EASEMENT AND STREET EASEMENT TO THE CITY OF NATIONAL CITY Deer Tarry: p.1 113V VC/ VVL Mew scampi this Mtn as Acknowledgment VartBenk of the West, Advantage C rained Devslapmeni Corporation, and US Swat Business Administration, ere swam of the easement(s) being granted to the City over a portion at the land located at 920 E.Plasa Blvd. National City Ca. APN 0666590-50 lace ettaehmenD} It there are any quest) • ! please feel free to contact me at the telephone number Mated above. Sincere Bards of the West Tit1¢d 9S Snellingest "cii RDWH7HG TRUST .DATED OCTOBER 21.1998 f -cvs}ee_ It 0V81ng , T tee Director Slums 11 ' Ins . Treater Should you nava any questions please do not hesitate to contact us at the telephone ntanbar referenced above. Ow reguler business hours are 8:00 a.tn. to 5:00 pm. Monday through Friday. Thank you Male for the opportunity to be of service to you. Kindest regards. CHICAGO TITLE COMPANY 1848 TRUE COPY CERTIFICATION (Govemment Code 27361.7) San Diego Place of Execution I certify under penalty of perjury that this material is a true copy of the original material contained in this document. 3 f i \ZOalictt44/ Signature ofl Date arant Type or Print Nme Rec Forrr. YRB 1 (8.11-0:i) 1849 CHICAGO TITLE ESCROW 316 W. MISSION AVE. STE. 121 ESCONDIDO,CA. 92025 ATTN;TERRY SMIGIEL Re: E76441 CIilca.Titie ESCONDIDO ESCROW BRANCH 316 W. Mission Ave., *121, Escondido, CA 92025 Tel. (760) 746-3882 Fax (760) 746-9207 February 2, 2010 RE; Bank of The West Loan if 3600056022. Advantage CDC LOAN /9123624005 BORROWER: BROWNING TRUST DATED OCTOBER 21,1998 TEMPORARY EASEMENT AND STREET EASEMENT TO THE CITY OF NATIONAL CITY Dear Terry: Please accept this letter as Acknowledgment that Bank of the West, Advantage Certified Development Corporation, and US Small Business Administration, are aware of the easement(s) being granted to the City over a portion of the land located at 920 E.Plaza Blvd. National City Ca. APN /556-590-56 (see attachments) If there are any question y please feel free to contact me at the telephone number listed above. Sincerel CANNON, Bank of the West Regina Grant Peterson, Executive Director Advantage Certified Development Corporation Name: Title: US Small Business Administration BROWNING TRUST DATED OCTOBER 21.1998 Gary Browning, Trustee Susan Browning, Trustee Should you have any questions, please do not hesitate to contact us at the telephone number referenced above. Our regular business hours are 8:00 a.m. to 5:00 p.m. Monday through Friday. Thank you again for the opportunity to be of service to you. Kindest regards, CHICAGO TITLE COMPANY Recording requestea b; 0!-!!C.4e0 TIT!. RECORDING REQUESTED BY and AFTER RECORDING MAIL TO: City of National City 1243 National City Blvd National City, CA 91950-4301 NO FEES DUE - FOR BENEFIT OF PUBLIC AGENCY APN: 557-250-36 DCC # 2009-071 1365 IIIIIII �111 IIIII IIIII IIIII �Iffl II 1 �lft IIIII I III II II IIII 111 �111 DEC 24, 2009 8:00 AM OFFICIAL RECORDS AN [PESO COUNTY RECORDERS OFFICE D4: UL BUTLER CCLINTY RECORDER FEES 0.00 OC. NA PAGES: 5 6, 1 IIIII 1111 IIIII 11II IIIII 1111111111111111 IIII11111 Hill 1111 Hill 111 III Nay; 4923 (Space above this line for County Recorders Use Only) No documentary tax due R & T 11922 (amended) STREET EASEMENT For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, PLAZA CITY APARTMENTS LP, A CALIFORNIA LIMITED PARTNERSHIP, ** ("Grantee"), a permanent and exclusive easement ("Easement") for street purposes over, under and upon the land located in the County of San Diego. State of California, more particularly described in Exhibit "A" and depicted in Exhibit "B" attached hereto and made a part hereof. Said Easement includes the right of ingress and egress for purposes of constructing a public street and appurtenances, together with the right to construct, operate, maintain, repair and replace said street and appurtenances. All references herein to Grantor and Grantee shall refer to and be binding upon their respective personal representatives, successors and assigns, specifically including any successor -in -interest to Grantor in ownership of fee title to the Easement Land and the Servient Tenement. IN WITNESS WHEREOF, Grantor has executed this Grant of Easement as of this eo day of tj,kerc! , 2009. GRANTOR: PLAZA CITY APARTMENTS LP, A CALIFORNIA LIMITED PARTNERSHIP **(Grantor) hereby grants and conveys to City of National City, (Grantee) By: C� Duets SZATCktei&— �+�►'► _ Type name/title By: Type name/title CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by Street Easement dated 3 -/o -oq , to the City of National City, is hereby accepted by order of the City Council of the City of National City per Resolution No. 2d09-4d , dated 5-7-O5 , and the Grantee consents to the recordation thereof by its duly authorized officer. Date: S - 7 - , 2009 A Michael R. Dalla City Clerk City of National City .4 4924 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of W..r-I-TttiP.4%,.. On 441-6 9 personally appeared before me. AMez--JA A Rossi IfOTA,2y ?lie /c (here insert name and title of'the officer) C7 2).1\v/s S 4JWFa--r- 4925 who proved to me on the basis of satisfactory evidence to be the persons) whose name .mare subscribed to the within instrument and acknowledged to me thI/shefthey executed the same Qiiyhefitheir authorized capacity as), and that 'her/theif signaturees,Zon the instrument the person`O, or the entity upon behalf of which the personN 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. WITI)[�SS my lend and official seal. Signature of Notary Public AMELIA A. ROSS Commission N 1770061 Notary Public - California ! Ventura County ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER C Individual (s) LI Corporate Officer (Iltle) Il Partner(s) [1 Attomcy-in-Fact O Trustee(s) I-1 Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment f<rrm now be properly completed and attached to that document. The only exception is if a document is to he recorded outside of California. In such instances, any alternative acknowledgment verbiage as may he printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorised capacity of the signer). Please check the document carefrrllyfor proper notarial wording and attach this form if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public) • Print the name(s) of document signer(s) who personally appear at the time of notarization • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. ha'shelthey, is /are ) or circling the correct forms. Failure to correctly indicate this information may Icad to rejection of document recording. • The notary seal impression must be clear and photographically reproducible Impression rust not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledement form • Signature of the notary public must match the signature on tilt with the office of the county clerk. • Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. • Indicate title or type of attached document, number of pages and date. • Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i e. CEO, CI'O. Secretary) • Securely attach this document to the signed document 2008 Version CAPA v12 10.07 800-873-9865 www.NotaryClasses.com 4926 EXHIBIT "A" PERMANENT ACQUISITION APN 557-250-36 THAT PORTION OF PARCEL D OF PARCEL MAP NO. 3114, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON OCTOBER 15, 1974 AS FILE NO. 74-275627 OF OFFICIAL RECORDS, IN THE OFFICE OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS DISK STAMPED CP5 ACCORDING TO RECORD OF SURVEY MAP NO. 17515 FILED IN THE OFFICE OF THE COUNTY RECORDER ON AUGUST 30, 2002 WHICH BEARS SOUTH 81°30'16" EAST 851.83 FEET FROM A BRASS DISK STAMPED CP7 ACCORDING TO SAID RECORD OF SURVEY MAP; THENCE NORTH 60°14'55" WEST 450.97 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID PARCEL D, SAID LINE ALSO BEING THE NORTHERLY LINE OF PLAZA BOULEVARD, SAID POINT BEING THE TRUE POINT OF BEGINNING; 1. THENCE LEAVING SAID NORTHERLY LINE NORTH 82°30'04" EAST 100.51 FEET TO A POINT ON THE EASTERLY LINE OF SAID PARCEL D; 2. THENCE ALONG SAID EASTERLY LINE SOUTH 17°48'57" EAST 3.94 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL D, SAID POINT BEING ON SAID NORTHERLY LINE OF PLAZA BOULEVARD; 3. THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL D SOUTH 84'41'39" WEST (SOUTH 83°50'00" WEST PER SAID PARCEL MAP) 101.29 FEET TO THE TRUE POINT OF BEGINNING. AREA = 0.004 ACRES, MORE OR LESS. MICKEY B AGUI',; E RCE 27648 EXP. 3-31-10 PAR D 557-250-36 PP B" LEGEND TP.O.B. P.O.B. A 4927 PERMANENT ACQUISITION AREA = 0.004 ACRES TEMPORARY CONS1RUCTION EASEMENT (TOE) AREA = 0.044 ACRES TRUE POINT OF BEGINNING POINT OF BEGINNING CONTROL POINT PER ROS 17515 PDR, Se 1/4 LOT 1 1/4 SAC. 132 RHO. DE:, Dr LA NACIDN MAP--166 ACCESS AND UTILITY ti EASMENT REC. 1 N 3/31/75 AS FILE NO. 75--072124 O.R. 045'39' 1015.56' L = 13.49 Nisz.30.04_ E �� 12 98.68' CP7 ©- , S wen" PERM. ACQ TCE PDR`LOT 1 EXHIBIT 1/4 SiC. 132 RHO, DE LA NACJDN MAP 166 PM POR. PAR B AND PDR, PAR. C TAB(A.A1ED UNE DATA UNE BEARING LENGTH L1 N 8210'04' E 100.51' L2 S 84 41'39' W 101.29' L3 N 7616'51' E 7.83' L4 S 1T48'57' E 23.57` L5 N 6014'55. W 450.97' N r tA ACCESS AND UTNTY EASEMENT REC. 3/27/75 AS FILE NO. 75-128254 O.R. PLAZA BLVD. 851.83- — — \� � .B. __ REVISED BY: DATE DRAWN BY: KA DATE: 4-30-08 NATIONAL CITY 1._60' CHECKED BY: MA DA1E: 5-16-08 APPROVED BY: DATE PERMANENT ACQUISITION AND TEMPORARY CONSTRUCTION EASEMENT APN 557-250-36 PLAZA CM APARTMENTS. L.P. DOC. 140. DWG. N0. 1 Recording requested by: CI-iICA(?O TITLE_ COMPAN'• RECORDING REQUESTED BY and AFTER RECORDING MAIL TO: City of National City 1243 National City Boulevard National City, CA, 91950 DCC # 2009-071 1364 IIIIII IIII IIIII IIIII IIIII IIII II II IIIII IIIII I III III I III I III III DEC 24, 2009 8:00 AM OFFICIAL RECORDS SAN DIEGO OLIr.T'r' RECORDER'S OF= i E ablD L EJTLER. COUNTY RECORLER FEES- 0C.= CIL. NA PAGES: 5 1111111111111111IIII II11111111111111111111111111111111111111111111111 4918 NO FEES DUE - FOR BENEFIT OF PUBLIC AGENCY (Space above this line for County Recorders Use Only) APN: 557-250-36 No documentary tax due R & T 11922 (amended) TEMPORARY CONSTRUCTION EASEMENT For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, PLAZA CITY APARTMENTS LP, A CALIFORNIA LIMITED PARTNERSHIP, ("Grantor") hereby grants and conveys to City of National City, ("Grantee"), a temporary construction easement ("Easement") and the right to use and occupy the surface and subsurface of said easement for a period of twelve (12) months, commencing upon the start of construction activities with Grantee providing a minimum of 30 days written notice to Grantor. Said Easement is located in the County of San Diego, State of Califomia, more particularly described in Exhibit "A" and depicted in Exhibit "B" attached hereto and made a part hereof. Said Easement and right shall be all acts necessary for the purpose of constructing street improvements and related appurtenant structures associated with the Plaza Boulevard Widening Project. Such acts shall indude, without limitation, constructing and installing street improvements, driveway transitions, restriping parking lots, drainage structures, utilities, retaining walls, slopes, and landscaping. Grantee shall not block access to Grantor's remaining property contiguous to the Easement. Grantor further grants the right of unobstructed ingress and egress to the Easement, including the right to pass and re -pass over and along the Easement and to deposit tools, implements and other materials on the Easement and to utilize construction, automotive and other equipment thereon when necessary for the purpose of exercising its rights hereunder. Upon completion of any work, for the purposes and uses herein granted, Grantee shall restore, at Grantee's expense, the surface of the Easement to a compacted, neat, clean condition, but not necessarily the same condition as prior to such work. 4919 The rights and obligations contained herein shall inure to the benefit of and be binding upon 'he successors -in -interest, agents, employees, assigns, and transferees of the parties hereto. IN WITNESS WHEREOF, Grantor has executed this Grant of Temporary Construction Easement as of this ;25- day of ZEPr&iri,arc/L_ , 2009. GRANTOR: PLAZA CITY APARTMENTS LP, A CALIFORNIA LIMITED PARTNERSHIP By: 6L v/sSl c1/21 By: Type name/title Type name/title inAN /rvy PlEm _ CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by Street Easement dated q` 25/ ZOO?, to the City of National City, is hereby accepted by order of the City Council of the City of National City per Resolution No. 200g -44 , dated 5'-7- by , and the Grantee consents to the recordation thereof by its duly authorized officer. Date: O C Toil a 2.6 , 2009 A Michael R. Dalla City Clerk City of National City I 4920 ACKNOWLEDGMENT State of California County of ,VEN +Q-+\. On SFPTEme*-26; Zoe? before me, Af'Yr 2 A FZAds, Navvy 'kguc_ (insert name and title of the o cer) personally appeared 67 SLA2:5-wear: who proved to me on the basis of satisfactory evidence to be the erson(�) whose name(�s54/area subscribed to the within instrument and acknowledged to me thWshe/they executed the same in mil h9 /their -authorized capacitylies, and that tii TiOherftheir signature') on the instrument the person(s,1, or the entity upon behalf of which the person(' 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. , - - AMELIA A. ROSE •`� • Commission i 1770061 •'iX ,t Notary Public - California 1 \1 1+1 Ysnlura County Signature (Seal) 4921 EXHIBIT "A" TEMPORARY CONSTRUCTION EASEMENT APN 557-250-36 THAT PORTION OF PARCEL D OF PARCEL MAP NO. 3114, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON OCTOBER 15, 1974 AS FILE NO. 74-275627 OF OFFICIAL RECORDS, IN THE OFFICE OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS DISK STAMPED CP5 ACCORDING TO RECORD OF SURVEY MAP NO. 17515 FILED IN THE OFFICE OF THE COUNTY RECORDER ON AUGUST 30, 2002 WHICH BEARS SOUTH 81°30'16" EAST 851.83 FEET FROM A BRASS DISK STAMPED CP7 ACCORDING TO SAID RECORD OF SURVEY MAP; THENCE NORTH 60°14'55" WEST 450.97 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID PARCEL D, SAID LINE ALSO BEING THE NORTHERLY LINE OF PLAZA BOULEVARD, SAID POINT BEING THE TRUE POINT OF BEGINNING; 1. THENCE ALONG SAID NORTHERLY LINE SOUTH 84°41'39" WEST (SOUTH 83°50'00" WEST PER SAID PARCEL MAP) 98.68 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL D; 2. THENCE LEAVING SAID NORTHERLY LINE ALONG THE WESTERLY LINE OF SAID PARCEL D NORTH 17°48'57" WEST 6.42 FEET TO THE BEGINNING OF A NON -TANGENT 1015.56-FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 6°44'17" EAST; 3. THENCE LEAVING SAID WESTERLY LINE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 0°45'39" A DISTANCE OF 13.49 FEET; 4. THENCE NORTH 82°30'04" EAST 177.02 FEET; 5. THENCE NORTH 17°48'57" WEST 12.54 FEET; 6. THENCE NORTH 76°16'51" EAST 7.83 FEET TO A POINT ON THE EASTERLY LINE OF SAID PARCEL D; 7. THENCE ALONG SAID EASTERLY LINE SOUTH 17°48'57" EAST 23.57 FEET; 8. THENCE LEAVING SAID EASTERLY LINE SOUTH 82°30'04" WEST 100.51 FEET TO THE TRUE POINT OF BEGINNING. AREA = 0.044 ACRES, MORE OR LESS. POR\LO71 EXHIBIT 1/4 SEC. 132 RHO. DE tIA NACIDN MAP 156 PM POR. PAR. 8 AND Prjri, PAR. C TABULATED UNE DATA LINE BEARING LENGTH L1 N 82'30'04" E 100.51' L2 S 84'41'39* W 101.29' L3 N 7616'51. E 7.83' L4 S 17'48'57" E 23.57' • L5 N 6014'55' W 450.97' B» LEGEND r////a T.P.O.B. P.O.B. A 4922 PERMANENT ACQUISITION AREA = 0.004 ACRES TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA = 0.044 ACRES TRUE POINT OF BEGINNING POINT OF BEGINNING CONTROL POINT PER ROS 17515 POR. $r 1/4 LOT 1 1/4 SEC. 132 RHO. DE LA NACJON MAP--1 5 o ACCESS AND UTILITY EASMENT REC. 3/31/75 AS FILE NO. � 75-072124 O.R. = O'45'39- R = 1015.56' L = 13.49' N 82'30'04 E 98.68' 1 �� CP7 Ai_ - S B4'41'39' W T.P.011.`- (S PERM. ACQ S81 '16'E-q_ANDTCE L2 PLAZA BLW • 851.83' - - TA CP5 ACCESS AND UTILITY EASEMENT REC. 3/27/75 AS FILE NO. 75-128254 O.R. P.O.B. 'EVISED BY: BRAWN BY: KA CHECKED BY: MA APPROVED BY: DATE: DATE: 4-30-08 NA11ONAL CITY 1'=60' DATE: 5-16-08 DATE: PERMANENT ACQUISITION AND TEMPORARY CONSTRUCTION EASEMENT APN 557-250-36 PLAZA CITY APARTMENTS, LP. DOC. NO. DWG. NO. Recording requested by •CH;CAr:O TITLE COMPAN'v RECORDING REQUESTED BY and AFTER RECORDING MAIL TO: City of National City 1243 National City Blvd National City, CA 91950-4301 fir c 'r, 1039 DCC # 2009-0641814 IIIIIII IIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII NO FEES DUE - FOR BENEFIT OF PUBLIC AGENCY AP N : 557-250-49 NOV 18, 2009 8:00 AM JFFICIAL RECORDS SAN D'EGO COUNTY RECORDER'S OFFICE DAVID L. BUTLER, COUNTY RECORDER FEES: 0.00 NA PAGES: 111111111111111111111111111111111111111111111111111111 (Space above this line for County Recorders Use Only) No documentary tax due R & T 11922 (amended) STREET EASEMENT 7 For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, BARCHESTER CALIFORNIA, L.P., A CALIFORNIA LIMITED PARTNERSHIP)( ("Grantgr ), a permanent and exclusive easement ("Easement") for street purposes over, under and upon the land located in the County of San Diego, State of California, more particularly described in Exhibit "A" and depicted in Exhibit "B" attached hereto and made a part hereof. Said Easement includes the right of ingress and egress for purposes of constructing a public street and appurtenances, together with the right to construct, operate, maintain, repair and replace said street and appurtenances. All references herein to Grantor and Grantee shall refer to and be binding upon their respective personal representatives, successors and assigns, specifically including any successor -in -interest to Grantor in ownership of fee title to the Easement Land and the Servient Tenement. IN WITNE S WHEREOF, Grantor has executed this Grant of Easement as of this rlf 4day of utc , 2009. GRANTOR: BARCHESTER CALIFORNIA, L.P., A CALIFORNIA LIMITED PARTNERSHIP **(Grantor) hereby grants and conveys to City of National City (if <(i1,ce,) l xrG// s/e"- c l-6/, fi114.1'L / ,' (mac`. By: John Seravalli, President of General Partner Type name/title Type name/title 1040 ACKNOWT ,EDGM.ENT STATE C.F FLori cl (-1)1 TNT). OF LLA b Olt 11 419 h?fore me, : I I Cr;. 4 Johne.ecLuz.l JoTP P rrSOMINV 2TITW:iTC1 --it • - - X 711C rr"! the H!Se' c,vidtmce tr) t'!)t. per(srin 11l, !el(i !, the [Nit 77it:Ce.le'l the SP.rne r!.1:11-,rizerl :::Paz-) .7' (ht. in:•!nr.p.r:v. I!tr cr 6..a...a.,..o...mda..aa.arra460...aho: DREW R. TAYLOR Notary Public - Stale of Florida • My Coovitssion Expires Jan 11, 2012 Commission a OD 738872 ,,, pi.." Bonded Through National Way Assn. ‘,7:11"1. Description of Attached I )e • 1.)7! t (he drivcg-`, tt cc-0 (7 iMlr C!"X‘.'.^,11.!71()N: HXPIPJ:F ..)!,1- • 0 / il I cle.- Document: ,31-ree+ s-e e t Ha rc i1. lop Tr. Numed _ 1041 TRUE COPY CERTIFICATION (Govemment Code 27361.7) San Diego Place of Execution I certify under penalty of perjury that this material is a true copy of the original material contained in this document. z 9 / Date Rec. Form fIR0.1 (8-11-03) ignature of,p8clarant C i c+(CP rrV Type or Print Name ALL PURPOSE ACKNOWLEDGEMENT 1 "7-6/'/c/a STATE OF-2frtJF'ORNIA } COUNTY OF } 1042 On before me, (Insert name and title of the officer) personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted. executed the instrument. //'4V74' /7/`/Ve/E' t.. Gt ��J/S(? I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Rec Form #RI 1 (12'05,07) (This area for official notarial seal) 1 +' CERTIFICATE OF ACCEPTANCE 1043 This is to certify that the interest in real property conveyed by Street Easement dated i7-09 , to the City of National City, is hereby accepted by order of the City Council of the City of National City per Resolution No. 200? - 66 , dated '1'- 7 -d 9 , and the Grantee consents to the recordation thereof by its duly authorized officer. Date: S-7 , 2009 Michael R. Dalla City Clerk City of National City 1044 EXHIBIT "A" PERMANENT ACQUISITION APN 557-250-49 THAT PORTION OF PARCEL 2 OF PARCEL MAP NO. 19627, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 15, 2004, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS DISK STAMPED CP8 ACCORDING TO RECORD OF SURVEY MAP NO. 17515 FILED IN THE OFFICE OF THE COUNTY RECORDER ON AUGUST 30, 2002 WHICH BEARS NORTH 77°41'45" EAST 1270.33 FEET FROM A BRASS DISK STAMPED CP9 ACCORDING TO SAID RECORD OF SURVEY MAP; THENCE SOUTH 68°38'10" EAST 260.83 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID PARCEL 2, BEING THE NORTHERLY LINE OF PLAZA BOULEVARD, SAID POINT BEING THE TRUE POINT OF BEGINNING; 1. THENCE LEAVING SAID SOUTHERLY LINE NORTH 11°13'33" EAST 4.50 FEET: 2. THENCE SOUTH 78°46'27" EAST 15.00 FEET; 3. THENCE SOUTH 11 °13'33" WEST 4.50 FEET TO SAID SOUTHERLY LINE; 4. THENCE ALONG SAID SOUTHERLY LINE NORTH 78°46'27" WEST (NORTH 78°46'30" WEST PER SAID PARCEL MAP) 15.00 FEET TO THE TRUE POINT OF BEGINNING. AREA = 0.002 ACRES, MORE OR LESS. MIC3'KKEY B. A E RC 27648 EXP. 3-31-10 UTIUTY AND 1-�j ACCESS EASEMENT REC. 3/17/47 IN BK. 1 2369 PG. 108 O.R. ✓.7 20' EASEMENT AS SHOWN ON PM 12554 ,erL5 1 z . LEGEND T.P.0.B. P.0.0. A REVISED BY: DRAWN BY: KA CHECKED BY: MA APPROVED BY: S 6e:38 10, t S 7846. \ \ 2rE 21848 PERMANENT ACQUISITION AREA = 0.002 ACRES TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA = 0.095 ACRES TRUE POINT OF BEGINNING POINT OF BEGINNING CONTROL POINT PER ROS 17515 DATE: Pm 19627 PAFL 2 557-250-49 78 46'27 W PLAZA BL 26083. D. 260. l�20s, 72• �� N 76",NV27+J T.P.O.B. N 79• W PERM. ACQ 27` AND TCE DETAIL "A" NOT TO SCALE L4 12' UTILITY AND - ACCESS EASEMENT REC. 8/21 /58 IN BK. 7223 PG. 17 O.R. SEWER EASEMENT /7/74 AS REC. 10 FlLE NO. 74-269104 0.R. II S 784'27, f 48.43' 7 cor 77.00 78'46'2rW Ste DErk *A. TABULATED UNE DATA LINE BEARING LENGTH L1 N 1113'33" E 4.50' L2 S 7846'27- E 15.00' L3 S 1113'33- W 4.50' L4 N 78'46'27* W 15.00' L5 S 8271'39" E 5.25 TABULATED CURVE DATA L6 S 7'38'21' W 10.00' CURVE DELTA RADIUS LENGTH L7 S 78'46'27" E 35.00' C1 1 •DO'30" 1043.82' 18.37' L8 S 111 3'33' W 5.00' C2 8775'18' 20.00' 30.52' L9 S 78'46'27' E 18.53' C3 8624'48" 15.00' 2262' L10 N 11'24'40" E 15.00' DATE 4-28-08 DATE: 5-22-08 DATE: NATIONAL CITY PERMANENT ACQUISITION AND TEMPORARY CONSTRUCTION EASEMENT APN 557-250-49 BARCHESTER CALIFORNIA, LP. 1"=so' DWG. NO. RECORDING REQUESTED BY and AFTER RECORDING MAIL TO: City of National City 1243 National City Boulevard National City, CA, 91950 DCC # 2009-0641813 � �1� III 11111111111 II 1111111101101 IIIH 11111 Hill 1111 Hill III III 1031 NOV 18, 2009 8:00 AM OFFICIAL RECORDS ;4r1 DIEr,J CDJNTY RECORDER'S OFFICE DAVID L BUT -ER, COUNTY RECORDER FEES 30O OC NA PAGES: 8 111111111111111111111111111111111111111111111111111111111111111111 NO FEES DUE - FOR BENEFIT OF PUBLIC AGENCY (Space above this line for County Recorders Use Only) APN: 557-250-49 No documentary tax due R 8 T 11922 (amended) TEMPORARY CONSTRUCTION EASEMENT For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, BARCHESTER CALIFORNIA, L.P., A CALIFORNIA LIMITED PARTNERSHIP, ("Grantor") hereby grants and conveys to City of National City, ("Grantee"), a temporary construction easement ("Easement") and the right to use and occupy the surface and subsurface of said easement for a period of twelve (12) months, commencing upon the start of construction activities with Grantee providing a minimum of 30 days written notice to Grantor. Said Easement is located in the County of San Diego, State of California, more particularly described in Exhibit "A" and depicted in Exhibit "B" attached hereto and made a part hereof. Said Easement and right shall be all acts necessary for the purpose of constructing street improvements and related appurtenant structures associated with the Plaza Boulevard Widening Project. Such acts shall include, without limitation, constructing and installing street improvements, driveway transitions, restriping parking lots, drainage structures, utilities, retaining walls, slopes, and landscaping. Grantor further grants the right of unobstructed ingress and egress to the Easement, including the right to pass and re -pass over and along the Easement and to deposit tools, implements and other materials on the Easement and to utilize construction, automotive and other equipment thereon when necessary for the purpose of exercising its rights hereunder. Upon completion of any work, for the purposes and uses herein granted, Grantee shall restore, at Grantee's expense, the surface of the Easement to a compacted, neat, clean condition, but not necessarily the same condition as prior to such work. The rights and obligations contained herein shall inure to the benefit of and be binding upon the successors -in -interest, agents, employees, assigns, and transferees of the parties hereto. 1032 The Grantor, for the Grantor and Grantor's successors and assigns hereby waives any claim for any and all damages to the Grantor's remaining property contiguous to the Easement by reason of the location, construction, installation or landscaping of said transit station on or adjacent to the Easement. IN WITNESS WHEREOF, Grantor has executed this Grant of Temporary Construction Easement as of this nth day of ttta rC k , 2009. GRANTOR: BARCHESTER CALIFORNIA, L.P., A CALIFORNIA LIMITED PARTNERSHIP By: � Sera alli President John of General Partner Type name/title Type name/title CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by Street Easement dated 3 -17-0'j , to the City of National City, is hereby accepted by order of the City Council of the City of National City per Resolution No. 240/- ‘l , dated ' -7- o ? , . and the Grantee consents to the recordation thereof by its duly authorized officer. Date: S- 7 , 2009 A Michael R. calla City Clerk City of National City 10 33 STATE. OF COUNTY OF F Lo r ct UoLu Si ACKNOWLEDGMENT h?trre r vt1 o r NA TI ULF. ()1::rER k: (,. NOTARN.' PersanallY aPnealH i) VI.E1 k ra-00-11 NA •,11.:1,';1 ,1( S ?(' - - r e:-SOP.il!:',' k717,,'71 t, me or ore•-r::', 1.-:he 1,....sir. -r 3p.rislimt.• :tvi,irmerr t..-- he Me 7,..-rs.:.r.(-..1 NCr_. .,-,,• iris ) -.:irc•s hcrjhci. , :TIC 1118! II:e come t.) tr•:' zo : ::1,,,r1rut•:)! •.•rrs:.nis). • r :•! :'Itt ' DREMA R. TAYLOR I Notary Public - State of Flocide • ji My Commission Expires Jan 11, 2012 Commission tt DD 738872 Bonded Through National Notary Asen. Dr- )110Q (ITI•INiN115..• N EXPIRES ON• /I/ / Description of Attached Document: -- - — -- r„1, ,r i vp.. re i)o,-o:r-em: . _ .) 4?- ife) P 0 r-CA--- --0 r•-) 34-r u 4.-4, 0 o Easerfr)ed- I). • ,:„ ,.,i. f),,. tita. r c-ti I-1 4)-(4 !",,i:::•11•er of l':is: 02 __.. ....)the: 1111 NE!MCCI r• 1034 TRUE COPY CERTIFICATION (Govemment Code 27361.7) San Diego Place of Execution I certify under penalty of perjury that this material is a true copy of the original material contained in this document. cr Date Suture f De arant -ter ea it Is C) Type or Print Name Rec Form OR9 1 (611-03) ALL PURPOSE ACKNOWLEDGEMENT 1035 STATE OF QAUa=OR A } COUNTY OF } On before me, (Insert name and title of the officer) personally appeared who proved to me on the basis of satisfactory evidencito be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ft (2)is "re/e I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature RecOW 1 (12/05,c7) (This area for official notarial seal) 1036 EXHIBIT "A" TEMPORARY CONSTRUCTION EASEMENT APN 557-250-49 THAT PORTION OF PARCEL 2 OF PARCEL MAP NO. 19627, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 15, 2004, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS DISK STAMPED CP8 ACCORDING TO RECORD OF SURVEY MAP NO. 17515 FILED IN THE OFFICE OF THE COUNTY RECORDER ON AUGUST 30, 2002 WHICH BEARS NORTH 77°41'45" EAST 1270.33 FEET FROM A BRASS DISK STAMPED CP9 ACCORDING TO SAID RECORD OF SURVEY MAP; THENCE SOUTH 68°38'10" EAST 260.83 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID PARCEL 2, BEING THE NORTHERLY LINE OF PLAZA BOULEVARD, SAID POINT BEING THE TRUE POINT OF BEGINNING; 1. THENCE ALONG SAID SOUTHERLY LINE NORTH 78°46'27" WEST (NORTH 78°46'30" WEST PER SAID PARCEL MAP) 209.72 FEET TO THE BEGINNING OF A TANGENT 1043.82-FOOT RADIUS CURVE CONCAVE SOUTHERLY; 2. THENCE CONTINUING ALONG SAID SOUTHERLY LINE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 1°00'30" A DISTANCE OF 18.37 FEET TO THE BEGINNING OF A TANGENT 20.00-FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; 3. THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 87°25'18" A DISTANCE OF 30.52 FEET TO A POINT ON THE WESTERLY LINE OF SAID PARCEL 2, SAID LINE BEING THE EASTERLY LINE OF L AVENUE; 4. THENCE ALONG SAID WESTERLY LINE NORTH 7°38'21" EAST 14.66 FEET; 5. THENCE LEAVING SAID WESTERLY LINE SOUTH 82°21'39" EAST 5.25 FEET; 6. THENCE SOUTH 7°38'21" WEST 10.00 FEET TO THE BEGINNING OF A TANGENT 15.00-FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; 7. THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 86°24'48" A DISTANCE OF 22.62 FEET; 8. THENCE SOUTH 78°46'27" EAST 218.48 FEET; 9. THENCE NORTH 11°13'33" EAST 5.00 FEET; 10. THENCE SOUTH 78°46'27" EAST 35.00 FEET; 11. THENCE SOUTH 11°13'33" WEST 5.00 FEET; 12. THENCE SOUTH 78°46'27" EAST 18.53 FEET; 13. THENCE NORTH 11°24'40" EAST 15.00 FEET; 14. THENCE SOUTH 78°46'27" EAST 48.43 FEET TO A POINT ON THE EASTERLY LINE OF SAID PARCEL 2; 15. THENCE ALONG SAID EASTERLY LINE SOUTH 11°13'33" WEST 24.50 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL 2, SAID POINT BEING ON SAID NORTHERLY LINE OF PLAZA BOULEVARD; Page 1 of 2 1037 16. THENCE ALONG THE SOUTHERLY LINE OF SAID 2 PARCEL NORTH 78°46'27" WEST 77.00 FEET; 17. THENCE LEAVING SAID SOUTHERLY LINE NORTH 11°13'33" EAST 4.50 FEET; 18. THENCE NORTH 78°46'27" WEST 15.00 FEET; 19. THENCE SOUTH 11°13'33" WEST 4.50 FEET TO THE TRUE POINT OF BEGINNING. AREA = 0.095 ACRES, MORE OR LESS. MI KEY B. A IE� 27648 EXP. 3-31-10 Page 2 of 2 EXHIBIT "B" 1038 J W P.O.B. CP8 --1-` - `5 W -iF s 7 (o �-_ I ` ` �� - '846'27" o LEGEND T.P.O.B. P.O.B. A N PERMANENT ACQUISITION AREA = 0.002 ACRES MAP 14986 PM 19627 PAR, 2 557-250-49 PLAZA 8L VD Thst-209 r . N 46'2r / TJ' O TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA = 0.095 ACRES TRUE POINT OF BEGINNINGPOINT OF BEGINNING CONTROL PONT PER ROS 17515 B. PERM. ACQ AND ICE DETAIL 'A' NOT TO SCALE L4 12' UTILITY AND-� ACCESS EASEMENT REC. 8/21 /58 IN BK. 7223 PG. 17 U.R. SEINER EASEMENT REC. 10/7/74 AS FILE N0. 74-269104 O.R. '2rw w DETAIL 'A' TABULATED LIE DATA UNE BEARING LENGTH L1 N 1113'33'. E 4.50' L2 S 78'46.2r E 15.00' L3 S 1113'33" W 4.50' L4 N 78'46'27" W 15.00' L5 S 8221'39* E 5.25' TABULATED CURVE DATA L6 S 738121" W 10.00' CURVE DELTA RADIUS LENGTH L7 S 78'46'27' E 35.00' CI 1'00'30" 1043.82' 18.377' L8 S 1113'33* W 5.00' C2 8725'18' 20.00' 30.52' L9 S 78'46'27` E 18.53' C3 8624.48' 15.00' 22.62' L10 N 1124`40' E 15.00' REVISED BY: DATE: DRAWN BY: KA DATE: 4-28-08 CHECKED BY: MA DATE: 5-22-08 APPROVED BY: DATE NATIONAL CITY PERMANENT ACQUISITION AND TEMPORARY CONSTRUCTION EASD NT APN 557-250-49 BARCHESIER CALIFORNIA. L.P. 1'=60' DOC. N0. DWG. No. 1ecording requestea by: • CHICAGO TITLE COMPAt' RECGRDING REQUESTED BY and AFTER RECORDING MAIL TO: • 4—o City of National City G 1 L^ 1243 National City Blvd r l National City, CA 91950-4301 8u(182� 01 DCC # 2009-0484401 � IIIIHI �111IIIH III 1111I �II�I IIIII IIIII IIIII IIIII IIIII IIIII IIII �111 9289 AUG 28, 2009 8:00 AM [If FI,.IAL RECORDS AN FIEGC' _OUNTY PE, FTER'i JFFICE DL',%ID L RUT LEF COLI'J T',' FE.=ORDER =EES 000 DC Lin PAGES: 5 1111111111111111111111111111111111111111111111111111 NO FEES DUE - FOR BENEFIT OF PUBLIC AGENCY (Space above this line for County Recorders Use Only) APN: 556-590-59 No documentary tax due R & T 11922 (amended) STREET EASEMENT *Surviving For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, V'AY)D/ D►:/D,EMIMl,9'1KJ /AND THAYMA F. DEMSKI* CO -TRUSTEES OF THE DEMSKI TRUST 1982, DATED FEBRUARY 4, 1982 ("Grantor"), hereby grants and conveys to CITY OF NATIONAL CITY, ("Grantee"), a permanent and exclusive easement ("Easement") for street purposes over, under and upon the land located in the County of San Diego, State of Califomia, more particularly described in Exhibit "A" and depicted in Exhibit "B" attached hereto and made a part hereof. Said Easement includes the right of ingress and egress for purposes of constructing a public street and appurtenances, together with the right to construct, operate, maintain, repair and replace said street and appurtenances. All references herein to Grantor and Grantee shall refer to and be binding upon their respective personal representatives, successors and assigns, specifically including any successor -in -interest to Grantor in ownership of fee title to the Easement Land and the Servient Tenement. IN WITNESS WHEREOF, Grantor has executed this Grant of Easement as of this /t3 day of -}(AKe— , 2009. GRANTOR: THE DEMSKI TRUST 1982, DATED FEBRUARY 4, 1982 By: 7 '-"-- Thayma F. Demski, Trustee 1' 9290 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by Street Easement dated •1u>ve.18 2009 , to the City of National City, is hereby accepted by order of the City Council of the City of National City per Resolution No.2001- 66 , dated Mil- 7 2.009 and the Grantee consents to the recordation thereof by its duly authorized officer. Date: Agi rs-t~ 3 , 2009 laiAA Mi hael R. Da City Clerk City of National City CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of 9291 } On before me, `1' Y1 e'-tt dl V.M 1vO'tO ' Date - Isere Insert Name and Tale of the 1191M.0\. 11ctI12_ bQwv\sk:i personally appeared 'I ce Nctary Seal AMve .:Imola) of Si ne•(sl cer who proved to me on the basis of satisfactory evidence to be the person(.) whose name() is/gre subscribed to the within instrument and acknowledged to me that he/she/tpe9 executed the same in YnS/her/tM Tr authorized capacity(ieS), and that by grt/her/S1,11'Tr signature(s) on the instrument the person(), or the entity upon behalf of which the person(d) 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 fficial Signatu OPTIONAL Sgoalu•e 01 NoI.r' Pri;hr; Though The information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: ogqoci Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: . I Individual Corporate Officer — Title(s): Partner — Limited Gene Attorney in Fact Trustee Guardian — nservator Other Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of ;^..rib rCc N/A - Number of Pages: Signer's Name:—__._... Individual Corporate Officer — Title(s): Partner -- ' Limited General J Attorney in Fact Trustee -_ Guardian or Conservator Other: Signer Is Re nting: RIGHT THUMBPRINT OF SIGNER 0 cK ' :2C07 NaOoral \ofary Assooatar • 9350 De Scto Ave . PO. Box 2402 •Chats o,th. CA e' 313-2402 • wmv.Naecral\;Loy ury 14nr 05907 Pmlyd::r ( II TaII F•iv: I P(IC 876.6P27 9292 EXHIBIT "A" PERMANENT ACQUISITION APN 556-590-59 THAT PORTION OF PARCEL 3 OF PARCEL MAP NO. 12079, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 29, 1982 AS FILE NO. 82-124159 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS DISK STAMPED CP8 ACCORDING TO RECORD OF SURVEY MAP NO. 17515 FILED IN THE OFFICE OF THE COUNTY RECORDER ON AUGUST 30, 2002 WHICH BEARS NORTH 77°41'45" EAST 1270.33 FEET FROM A BRASS DISK STAMPED CP9 ACCORDING TO SAID RECORD OF SURVEY MAP; THENCE SOUTH 64°19'15" WEST 296.14 FEET TO THE BEGINNING OF A NON - TANGENT 956.50-FOOT RADIUS CURVE CONCAVE SOUTHERLY AND A POINT IN THE NORTHERLY LINE OF SAID PARCEL 3, SAID LINE ALSO BEING THE SOUTHERLY LINE OF PLAZA BOULEVARD, A RADIAL LINE TO SAID POINT BEARS NORTH 0°54'49" WEST, SAID POINT BEING THE TRUE POINT OF BEGINNING; 1. THENCE LEAVING SAID NORTHERLY LINE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE 4°41'29" A DISTANCE OF 78.32 FEET TO A POINT ON THE WESTERLY LINE OF SAID PARCEL 3; 2. THENCE ALONG SAID WESTERLY LINE NORTH 17°46'17" WEST 4.29 FEET TO THE NORTHWEST CORNER OF SAID PARCEL AND THE BEGINNING OF A NON -TANGENT 672.00-FOOT RADIUS CURVE CONCAVE SOUTHERLY, SAID POINT BEING ON SAID SOUTHERLY LINE OF PLAZA BOULEVARD, A RADIAL LINE TO SAID POINT BEARS NORTH 7°44'38" WEST; 3. THENCE ALONG SAID NORTHERLY LINE OF PARCEL 3 EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 4°53'14" A DISTANCE OF 57.32 FEET TO THE BEGINNING OF A TANGENT 646.02- FOOT RADIUS COMPOUND CURVE; 4. THENCE CONTINUING ALONG SAID NORTHERLY LINE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 1°56'35" A DISTANCE OF 21.91 FEET TO THE TRUE POINT OF BEGINNING. AREA = 0.004 ACRES, MORE OR LESS. MI KEY B. A EXP. 3-31-10 • E RCE 27648 _-/f .9 r 3 J f / Kecording requested by: :; - CAC,O TITLE COMPANY RECC'REiING I'EQUESTED BY and AFTER RECORDING MAIL TO: City of National City 1243 National City Boulevard National City, CA, 91950 ffe j DCC # 2009-0484402 IIIIII �I�I IIII IIIII IIIII �1111 IIIII I III II II I II I III III 1 II AUG 28, 2009 8:00 AM OFF.UAL RECORDS SAN DIE i,] F lUrIT'r' REI iRDER'S C FFICE. D 'JIC. L E'L.ILER co_ RECORDER FEES 0.00 CC rIA 9294 PAGES: 7 11111111111111111111111111111111111111111111111111111111 NO FEES DUE - FOR BENEFIT OF PUBLIC AGENCY (Space above this line for County Recorders Use Only) APN: 556-590-59 No documentary tax due R & T 11922 (amended) TEMPORARY CONSTRUCTION EASEMENT *survining For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, DA111D/ D'./ DEMSK1 /ANO THAYMA F. DEMSKIRCY-TRUSTEES/ OF THE DEMSKI TRUST 1982, DATED FEBRUARY 4, 1982 ("Grantor), hereby grants and conveys to CITY OF NATIONAL CITY, ("Grantee"), a temporary construction easement ("Easement") and the right to use and occupy the surface and subsurface of said easement for a period of twelve (12) months, commencing upon the start of construction activities with Grantee providing a minimum of 30 days written notice to Grantor. Said Easement is located in the County of San Diego, State of California, more particularly described in Exhibit "A" and depicted in Exhibit "B" attached hereto and made a part hereof. Said Easement and right shall be all acts necessary for the purpose of constructing street improvements and related appurtenant structures associated with the Plaza Boulevard Widening Project. Such acts shall include, without limitation, constructing and installing street improvements, driveway transitions, restriping parking lots, drainage structures, utilities, retaining walls, slopes, and landscaping. Grantor further grants the right of unobstructed ingress and egress to the Easement, including the right to pass and re -pass over and along the Easement and to deposit tools, implements and other materials on the Easement and to utilize construction, automotive and other equipment thereon when necessary for the purpose of exercising its rights hereunder. Upon completion of any work, for the purposes and uses herein granted, Grantee shall restore, at Grantee's expense, the surface of the Easement to a compacted, neat, clean condition, but not necessarily the same condition as prior to such work. The rights and obligations contained herein shall inure to the benefit of and be binding upon the successors -in -interest, agents, employees, assigns, and transferees of the parties hereto. The Grantor, for the Grantor and Grantor's successors and assigns hereby waives any claim for any and all damages to the Grantor's remaining property cohtiguous to the Easement by reason of the location, construction, installation or landscaping of said transit station on or adjacent to the Easement. 9295 IN WITNESS WHEREOF, Grantor has executed this Grant of Temporary Construction Easement as of this /B day of Jane, , 2009. GRANTOR: THE DEMSKI TRUST 1982, DATED FEBRUARY 4, 1982 By: i"'.z Thayma F. Demski, Trustee CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by Street Easement dated 3u,ie, 18 2.09 , to the City of National City, is hereby accepted by order of the City Council of the City of National City per Resolution No. 2004- , dated APat1 7 20pct and the Grantee consents to the recordation thereof by its duly authorized officer. Date: lad9uti 3 , 2009 Michael R. Dall City Clerk City of National C. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT treecccrcrcccrcccccocrcrcccr.,er cc'<`. ezrcczczrzT.,re.Zrcr. .cncrcr. cecocr.Grcr.-rcr.E-cs.cc<:Gocrcc-.cs^.crct State of California County of 4'& \ c 3I On 6 I) S I e I before me, Date personally appeared } Ilere Insert Nan and Title of Me CHI er 1I/1ci,L1 VIVA t N l c t l �. / Q c N'rn'c(sj of S gner(s`• ComnlNlon s 1613119 Nob, Pubic • Callomlo • Ian NapocbirNmlo COtlw► * P ace \otary Seal Aoove who proved to me on the basis of satisfactory evidence to be the person($ whose name4 is/aresubscribed to the within instrument and acknowledged to me that LW/she/(jam executed the same in his/her/Weff authorized capacity(ies), and that by}4iS/her/their signature on the instrument the person(,d), or the entity upon behalf of which the person(,) 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 m hand and official .eaL Signat OPTIONAL Siy'ral',re of Nola'y Putt!, Though the information below is not required by law. it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Qhr' Document Date: ts IQ Signer(s) Other Than Named Above: Cm1 -t d ? hit o. Number of Pages: Capacity(ies) Claimed by Signer(s) Signer's Name: • Individual Corporate Officer -- Title(s): I Partner —' Limited " General Attorney in Fact Trustee Guardian or Conser_yat6� Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER url1I: I pi Signer's Name: Individual Corporate Officer'-Title(s): Partner — Limited i General Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Repr nting: RIGHT THUMBPRINT OF SIGNER 9,,,t• I-!11r_ i97007 Nati:stal Nohir, A- 0:11int • 9350 Dc Solo Avr, PO Fins 2402 •Chat:worn , CA 9I313.2402•vAvw N.einr..l\uevy rrq 'rar Cf1 Fivvc,:r 1.800 A7fi 3S27 9297 EXHIBIT "A" TEMPORARY CONSTRUCTION EASEMENT APN 556-590-59 THAT PORTION OF PARCEL 3 OF PARCEL MAP NO. 12079, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 29, 1982, AS FILE NO. 82-124159 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS DISK STAMPED CP8 ACCORDING TO RECORD OF SURVEY MAP NO. 17515 FILED IN THE OFFICE OF THE COUNTY RECORDER ON AUGUST 30, 2002 WHICH BEARS NORTH 77°41'45" EAST 1270.33 FEET FROM A BRASS DISK STAMPED CP9 ACCORDING TO SAID RECORD OF SURVEY MAP; THENCE SOUTH 64°19'15" WEST 296.14 FEET TO THE BEGINNING OF A NON - TANGENT 646.02-FOOT RADIUS CURVE CONCAVE SOUTHERLY AND A POINT IN THE NORTHERLY LINE OF SAID PARCEL 3, SAID LINE ALSO BEING THE SOUTHERLY LINE OF PLAZA BOULEVARD, A RADIAL LINE TO SAID POINT BEARS NORTH 5°03'45" WEST, SAID POINT BEING THE TRUE POINT OF BEGINNING; 1. THENCE ALONG SAID NORTHERLY LINE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE 1°21'02" A DISTANCE OF 15.23 FEET TO THE BEGINNING OF A TANGENT 662.02-FOOT RADIUS REVERSE CURVE; 2. THENCE CONTINUING ALONG SAID NORTHERLY LINE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 3°17'37" A DISTANCE OF 38.06 FEET TO THE BEGINNING OF A TANGENT 951.82- FOOT RADIUS REVERSE CURVE; 3. THENCE CONTINUING ALONG SAID NORTHERLY LINE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 10°12'03" A DISTANCE OF 169.46 FEET TO THE NORTHEAST CORNER OF SAID PARCEL 3; 4. THENCE ALONG THE EASTERLY LINE OF SAID PARCEL 3 SOUTH 11°12'53" WEST 40.45 FEET; 5. THENCE LEAVING SAID EASTERLY LINE NORTH 78°50'09" WEST 43.90 FEET; 6. THENCE NORTH 11°08'15" EAST 9.99 FEET TO THE BEGINNING OF A TANGENT 15.00-FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; 7. THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 96°33'56" A DISTANCE OF 25.28 FEET TO THE BEGINNING OF A TANGENT 946.50-FOOT RADIUS CURVE CONCAVE SOUTHERLY; 8. THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 14°14'26" A DISTANCE OF 235.25 FEET TO A POINT IN THE WESTERLY LINE OF SAID PARCEL 3; 9. THENCE ALONG SAID WESTERLY LINE NORTH 17°46'17" WEST 10.10 FEET TO THE BEGINNING OF A NON -TANGENT 956.50-FOOT RADIUS CURVE PAGE 1 OF 2 9298 CONCAVE SOUTHERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 9°45'14" WEST; 10. THENCE LEAVING SAID WESTERLY LINE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 4°41'29" A DISTANCE OF 78.32 FEET TO THE TRUE POINT OF BEGINNING. AREA = 0.093 ACRES, MORE OR LESS. MICKEY B. A EXP. 3-31-10 27648 5/9-01 PAGE 2 OF 2 • NOTARY SEAL CERTIFICATION (Government Code 27361.7) I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS: Name of the Notary: 16 /31 ✓S vc7 zv05 Commission Number: Date Commission Expires: County Where Bond is Filed: Manufacturer or Vendor Number: /U W/ (Located on both sides of the notary seal border) Signature: — - — Firm Name (if applicable) . �- z Place of Execution: ` 'J Date: / Rec form OR1U (Rev. 0/13/97) Recording requestea oy CI-1ICAGO TITLE COMPANY RECORDING REQUESTED BY and AFTER RECORDING MAIL TO: City of National City 1243 National City Boulevard National City, CA, 91950 . Lei`f _/' l DCC # 2009-04$4403 11111111�111illllIIIIIh illIIIII1111111111IIIIIIIIIIIIIIIIIIIIIIII�111 AUG 28, 2009 8:00 AM UFFTC:AL PE_OPCS ;AN DIEGO COONT 1 RECrRDEF's CFFILE DH'ilf' - Eil'TLER COUNTY FtELURDEF FEE': 0.00 Of. 01 9301 PAGES: 6 lull1 bill Hill HIII 11111 Hill Hi11 gill 1111 Hill 1111 Hill 1111 Hill 011111 NO FEES DUE - FOR BENEFIT OF PUBLIC AGENCY (Space above this line for County Recorders Use Only) APN: 557-380-12 & 557-380-70 No documentary tax due R & T 11922 (amended) TEMPORARY CONSTRUCTION EASEMENT For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, GERMINIANO F. TUBAO & ANGELES M. TUBAO, TRUSTEES, GERMINIANO & ANGELES TUBAO FAMILY TRUST ("Grantor"), hereby grants and conveys to CITY OF NATIONAL CITY, ("Grantee"), a temporary construction easement ("Easement") and the right to use and occupy the surface and subsurface of said easement for a period of twelve (12) months, commencing upon the start of construction activities with Grantee providing a minimum of 30 days written notice to Grantor. Said Easement is located in the County of San Diego, State of California, more particularly described in Exhibit "A" and depicted in Exhibit "B" attached hereto and made a part hereof. Said Easement and right shall be all acts necessary for the purpose of constructing street improvements and related appurtenant structures associated with the Plaza Boulevard Widening Project. Such acts shall include, without limitation, constructing and installing street improvements, driveway transitions, restriping parking lots, drainage structures, utilities, retaining walls, slopes, and landscaping. Grantor further grants the right of unobstructed ingress and egress to the Easement, including the right to pass and re -pass over and along the Easement and to deposit tools, implements and other materials on the Easement and to utilize construction, automotive and other equipment thereon when necessary for the purpose of exercising its rights hereunder. Upon completion of any work, for the purposes and uses herein granted, Grantee shall restore, at Grantee's expense, the surface of the Easement to a compacted, neat, clean condition, but not necessarily the same condition as prior to such work. The rights and obligations contained herein shall inure to the benefit of and be binding upon the successors -in -interest, agents, employees, assigns, and transferees of the parties hereto. 9302 The Grantor, for the Grantor and Grantor's successors and assigns hereby waives any claim for any and all damages to the Grantor's remaining property contiguous to the Easement by reason of the location, construction, installation or landscaping of said transit station on or adjacent to the Easement. IN WITNESS WHEREOF, Grantor has executed this Grant of Temporary Construction Easement as of this .. 'day of J`c„1 e , 2009. GRANTOR: GERMINIANO F. TUBAO & ANGELES M. TUBAO, TRUSTEES, GERMINIANO & ANGELES TUBAO FAMILY TRUST Dated: - S 79 Dated: C.- By: /Lu L RMI N • F. TUBAO, TRUSTEE Print name: /gi-J/J/:vivo /4/84o By:l�/ LES M. TUBAO, TRUSTEE Print name: 9301 S'I'A'I'E OF CALIFORNIA, COUNTY OF SAN UIE(:O } S.S. On June 25, 2009, before me. Argie Lewis, Notary Public, personally appeared Germiniano F. Tubao and Angeles M. Tubao who proved to me on the basis of satisfactory evidence to he the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons or the entity upon behalf of which the persons 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. ARGIE LEWIS Commission # 1792632 Notary Public - California I San Diego County Comm. Mar2,2012 t 9304 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by Street Easement dated Jdue 25 2001 , to the City of National City, is hereby accepted by order of the City Council of the City of National City per Resolution No.2ia09 -66 , dated Arni ?VP, and the Grantee consents to the recordation thereof by its duly authorized officer. Date: A avid 5 , 2009 Mibhael R."Dall City Clerk City of National City 9305 EXHIBIT "A" TEMPORARY CONSTRUCTION EASEMENT APN 557-380-12 AND 557-380-70 THAT PORTION OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF QUARTER SECTION 129 OF RANCHO DE LA NACION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 166, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 11, 1869, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS DISK STAMPED CP2 ACCORDING TO RECORD OF SURVEY MAP NO. 17515 FILED IN THE OFFICE OF THE COUNTY RECORDER ON AUGUST 30, 2002 WHICH BEARS SOUTH 56°05'31" WEST 686.13 FEET FROM A BRASS DISK STAMPED CP1 ACCORDING TO SAID RECORD OF SURVEY MAP; THENCE SOUTH 54°42'27" WEST 31.91 FEET TO A POINT ON THE NORTHERLY LINE OF LAND PER DEED RECORDED APRIL 27, 1995 AS FILE NO. 1995-0177833 OF OFFICIAL RECORDS, SAID POINT BEING THE TRUE POINT OF BEGINNING; 1. THENCE ALONG SAID NORTHERLY LINE NORTH 72°05'01" EAST 48.60 FEET TO AN ANGLE POINT THEREIN; 2. THENCE ALONG THE NORTHEASTERLY LINE OF SAID LAND SOUTH 17°54'59" EAST 3.56 FEET TO AN ANGLE POINT THEREIN, SAID POINT ALSO BEING ON THE NORTHWESTERLY LINE OF PLAZA BOULEVARD; 3. THENCE ALONG THE SOUTHEASTERLY LINE OF SAID LAND AND THE SOUTHEASTERLY LINE OF LAND PER DEED RECORDED APRIL 27, 1999 AS DOCUMENT NO. 1999-0282004 OF OFFICIAL RECORDS SOUTH 52°40'47" WEST 215.03 FEET TO THE SOUTHWESTERLY CORNER OF SAID LAND PER DOCUMENT NO. 1999-0282004 OF OFFICIAL RECORDS; 4. THENCE LEAVING SAID SOUTHEASTERLY LINE ALONG THE WESTERLY LINE OF SAID LAND PER DOCUMENT NO. 1999-0282004 NORTH 17°40'10" WEST 20.71 FEET; 5. THENCE LEAVING SAID WESTERLY LINE NORTH 52°40'47" EAST 163.41 FEET TO THE TRUE POINT OF BEGINNING. AREA = 0.087 ACRES, MORE OR LESS. MI KEY B. A EXP. 3-31-1 EXHIBIT "B" TABU.A1FD UNE DATA UNE BEARING LENGTH Ll N 72'0501" E 48.60' DRAINAGE EASEMENT PER DD1 T.P.O.B. P.O.B. A DD1 TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA = 0.087 ACRES TRUE POINT OF BEGINNING POINT OF BEGINNING CONTROL POINT PER ROS 17515 DEED REC. 4/27/95 AS DOC. NO. 1995-0177833 O.R. DD2 DEED REC. 4/27/99 AS DOC. NO. 1999-0282004 O.R. 930E ; %(gyp, )/ REVISED BY: DATE: DRAWN BY: KA DATE: 5-6-08 NATIONAL CITY 1' = 40' CHECKED BY: MA DATE: 5-22-08 APPROVED BY: DATE TEMPORARY CONSTRUCTION EASEMENT APN 557-380-12 do 557-380-70 THE GERMINIANO AND ANGELES TUBAO FAMILY TRUST DOC. NO. DWG. NO. Recording requested by: CHICAGO TITLE COMPANY RECORDING REQUESTED BY and AFTER RECORDING MAIL TO: City of National City 1243 National City Blvd National City, CA 91950-4301 e0001-17(/ g v �P f DCC # 2009-0484404 oil IIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII 930'7 AUG 28, 2009 8:00 AM JFFI[:A_ RECORDS SAN D'E :iU LJUNT`i' RELJRDEF ; OFFICE E!avID L BUTLER LOI INT'r RELL F•;DER FEES. 0.00 CC PAGES: 7 1111111111111111111111111111111111101111111111111111 NO FEES DUE - FOR BENEFIT OF PUBLIC AGENCY APN: 557-330-08 (Space above this line for County Recorders Use Only) No documentary tax due R & T 11922 (amended) STREET EASEMENT *a California Limited Liability Company For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, M L PROPERTIES, LLC,* ("Grantor"), hereby grants and conveys to CITY OF NATIONAL CITY, ("Grantee"), a permanent and exclusive easement ("Easement") for street purposes over, under and upon the land located in the County of San Diego, State of California, more particularly described in Exhibit "A" and depicted in Exhibit "B" attached hereto and made a part hereof. Said Easement includes the right of ingress and egress for purposes of constructing a public street and appurtenances, together with the right to construct, operate, maintain, repair and replace said street and appurtenances. All references herein to Grantor and Grantee shall refer to and be binding upon their respective personal representatives, successors and assigns, specifically including any successor -in -interest to Grantor in ownership of fee title to the Easement Land and the Servient Tenement. LN IN WITNESS WHEREOF, Grantor has executed this Grant of Easement as of this,' day of n i , 2009. GRANTOR: M L PROPERTIES, LLC By: William D. Lynch, Managing' Member By: Type name/title Type name/title 9308 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by Street Easement dated Jtitre 8 QOb3 , to the City of National City, is hereby accepted by order of the City Council of the City of National City per Resolution No.2009-6L , datedN p.41 72A7 p and the Grantee consents to the recordation thereof by its duly authorized officer. Date: Adids4 3 , 2009 IA Michael R. Dall City Clerk City of National City 9309 State of CALIFORNIA ) County of SAN DIEGO ) On June 8, 2009 before me, Deborah Etherton, Notary Public, personally appeared WILLIAM D. LYNCH who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed 10 the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person 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 • CM eninio 1 • 1734U4 ■ c+-t c.!_ 1 tT7 '`— . Molloy Public - California 1 w / that P ego County Signatu of Notary Public lArC no bp1�MApr2b.2t111 r NOTARY SEAL CERTIFICATION 9310 (Government Code 27361.7) 1 CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS: Name of the Notary: 0 z 'ia �r ' gipe l75`d6'l Z5 Z`'l1 Commission Number: Date Commission Expires: /�F'� County Where Bond is Filed: %a Manufacturer or Vendor Number: . ti ti!A-/ (Located on both sides of the notary seal border) Signature: — — Firm Name (if applicable) Place of Execution: R'"' Date: /2 n r, Rec. Form #R10 (Rev. 8113/97) 9311 EXHIBIT "A" PERMANENT ACQUISITION APN 557-330-08 THAT PORTION OF 40 ACRE LOT 2 IN QUARTER SECTION 132 OF THE RANCHO DE LA NACION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 166, MADE BY GEORGE S. MORRILL, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 11, 1869, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS DISK STAMPED CP6 ACCORDING TO RECORD OF SURVEY MAP NO. 17515 FILED IN THE OFFICE OF THE COUNTY RECORDER ON AUGUST 30, 2002 WHICH BEARS NORTH 17°35'27" WEST 285.74 FEET FROM A BRASS DISK STAMPED CP5 ACCORDING TO SAID RECORD OF SURVEY MAP; THENCE SOUTH 49°56'17" WEST 185.64 FEET TO A POINT ON THE EASTERLY LINE OF LAND PER DEED RECORDED NOVEMBER 6, 1998 AS DOCUMENT NO. 1998-0724997 OF OFFICIAL RECORDS AND THE BEGINNING OF A NON -TANGENT 367.50-FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 0°42'38" WEST, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; 1. THENCE LEAVING SAID EASTERLY LINE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 6°47'18" A DISTANCE OF 43.54 FEET; 2. THENCE SOUTH 82°30'04" WEST 11.77 FEET; 3. THENCE SOUTH 7°29'56" EAST 5.00 FEET; 4. THENCE SOUTH 82°30'04" WEST 15.00 FEET; 5. THENCE NORTH 7°29'56" WEST 5.00 FEET; 6. THENCE SOUTH 82°30'04" WEST 107.22 FEET TO A POINT ON THE WESTERLY LINE OF LAND PER SAID DEED: 7. THENCE ALONG SAID WESTERLY LINE NORTH 17°43'01" WEST 7.69 FEET TO THE NORTHWEST CORNER OF SAID LAND, SAID POINT BEING ON THE SOUTHERLY LINE OF PLAZA BOULEVARD; 8. THENCE ALONG THE NORTHERLY LINE OF SAID LAND NORTH 72°04'47" EAST 10.91 FEET TO AN ANGLE POINT THEREIN; 9. THENCE CONTINUING ALONG SAID NORTHERLY LINE NORTH 84°41'39" EAST 140.60 FEET TO THE BEGINNING OF A TANGENT 460.00-FOOT RADIUS CURVE CONCAVE SOUTHERLY; 10. THENCE CONTINUING ALONG SAID NORTHERLY LINE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 3°19'52" A DISTANCE OF 26.74 FEET TO THE NORTHEAST CORNER OF SAID LAND; 11. THENCE ALONG THE EASTERLY LINE OF SAID LAND SOUTH 17°43'01" EAST 5.02 FEET TO THE TRUE POINT OF BEGINNING. Page 1 of 2 AREA = 0.029 ACRES, MORE OR LESS. MICKEY B. A EXP. 3-31-10 9312 Page 2of2 • LEGEND T.P.O.B. P.O.B. A ra, N PERMANENT ACQUISITION EXHIBIT AREA = 0.029 ACRES TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA = 0.061 ACRES TRUE POINT OF BEGINNING POINT OF BEGINNING CONTROL POINT PER ROS 17515 84'41'39" E 140.60' 55 �� S 82'30'04" W 10' SEWER EASEMENT REC. 8/22/46 IN BK. 1222 PG. 98 O.R. » » P.O.B. QCP6 / • /1 6°c / 1 PLAZA BLVD. ,�1• / 9311 \. S / / N 00'42'38" W (R) LAND PER DEED REC- 11/06/98 AS DOC. NO. 1998-0724997 O.R. FOR. LOT 2 1/4 CMG, 132 RHO. DEI LA NACJON JVJAP 166 557-330-08 o, UNE L1 L2 L3 L4 L5 L6 L7 L8 L9 T.P.O.B. PERM. ACQ. $'IL,AND TCE TABULATED LINE DATA BEARING S 82'30'04" W S T29'56" E S 82'30'04" W N 729'56" W S 82'30'04" W N 17'43'01" W N 72'04'47" E S 17'43'01" E S 88'01'02" W LENGTH 11.77' 5.00' 15.00' 5.00' 107.22' 7.69' 10.91' 5.02' 7.22' TABULATED UNE DATA (CONT.) UNE L10 L11 L12 BEARING N 18'33'04" W S 72'35'00" W S 7'29'55" E LENGTH 12.65' 13.28' 4.94' L13 S 82'30'04" W 29.73' L14 S 7'29'56" E 9.00' L15 N 7'29'56" W 14.00' L16 S 82'30'04" W 39.93' L17 N 17'43'01" W 10.16' CURVE C1 C2 C3 TABULATED CURVE DATA DELTA 6'47'18" 319'52" 4'57'49" RADIUS 367.50' 460.00' 357.50' LENGTH 43.54' 26.74' 30.97' REVISED BY: DATE: DRAWN BY: KA DATE: 5-21-08 NATIONAL CITY 1"=50' CHECKED BY: MA DATE: 6-12-08 APPROVED BY: DATE: PERMANENT ACQUISITION AND TEMPORARY CONSTRUCTION EASEMENT APN 557-330-08 ML PROPERTIES, LLC DOC. NO. DWG. NO. RECORDING REQUESTED BY and AFTER RECORDING MAIL TO:fi( siding requested by CIVIC - ;O TITLE COMP NY City of National City 1243 National City Boulevard National City, CA, 91950 `/zI O1,Y17//f-t27i DOC # 2009-0484405 IIIIIII IIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII III AUG 28, 2009 8:00 AM JrFIr.U1LRECiORD r sxr; D,EG[ COLA TV RECORDER'S uF,CE DAVID L BUTLER CO! INTY FECi'FGER ' EEE � or_ Ot4CAiti PAGES: 7 0611 1111111111111111111111111111111111111111111111111111111111111 NO FEES DUE - FOR BENEFIT OF PUBLIC AGENCY (Space above this line for County Recorders Use Only) APN: 557-330-08 No documentary tax due R & T 11922 (amended) TEMPORARY CONSTRUCTION EASEMENT * a California Limited Liability Company For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, M L PROPERTIES, LLC,* ("Grantor"), hereby grants and conveys to CITY OF NATIONAL CITY, ("Grantee"), a temporary construction easement ("Easement") and the right to use and occupy the surface and subsurface of said easement for a period of twelve (12) months, commencing upon the start of construction activities with Grantee providing a minimum of 30 days written notice to Grantor. Said Easement is located in the County of San Diego, State of California, more particularly described in Exhibit "A" and depicted in Exhibit "B" attached hereto and made a part hereof. Said Easement and right shall be all acts necessary for the purpose of constructing street improvements and related appurtenant structures associated with the Plaza Boulevard Widening Project. Such acts shall include, without limitation, constructing and installing street improvements, driveway transitions, restriping parking lots, drainage structures, utilities, retaining walls, slopes, and landscaping. Grantor further grants the right of unobstructed ingress and egress to the Easement, including the right to pass and re -pass over and along the Easement and to deposit tools, implements and other materials on the Easement and to utilize construction, automotive and other equipment thereon when necessary for the purpose of exercising its rights hereunder. Upon completion of any work, for the purposes and uses herein granted, Grantee shall restore, at Grantee's expense, the surface of the Easement to a compacted, neat, clean condition, but not necessarily the same condition as prior to such work. The rights and obligations contained herein shall inure to the benefit of and be binding upon the successors -in -interest, agents, employees, assigns, and transferees of the parties hereto. • No irrrpacts to the structure or pole sign will occur during construction. Access to the business from Plaza Blvd. to Grantor's property shall remain open at all times. Use of the • Easement shall not block parking spaces on Grantor's property, except for the six (6) parking spaces that are within the Easement area. 931 5 The Grantor, for the Grantor and Grantor's successors and assigns hereby waives any claim for any and all damages to the Grantor's remaining property contiguous to the Easement by reason of the location, construction, installation or landscaping of said transit station on or adjacent to the Easement. IN WITNESS WHEREOF, Grantor has executed this Grant of Temporary Construction Easement as of this S'f' day of ;J v5: , 2009. GRANTOR: M L PR PERTIES, LLC By: X•4 / William D. Lynch, Managin4{Member By: Type name/title Type name/title CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by Street Easement dated i. Je 8 2Lbq , to the City of National City, is hereby accepted by order of the City Council of the City of National City per Resolution No.2-C , dated Apki 7 2009 and the Grantee consents to the recordation thereof by its duly authorized officer. Date: AID(' 3 , 2009 Mhael R. Da City Clerk City of National City 9316 EXHIBIT "A" TEMPORARY CONSTRUCTION EASEMENT APN 557-330-08 THAT PORTION OF 40 ACRE LOT 2 IN QUARTER SECTION 132 OF THE RANCHO DE LA NACION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 166, MADE BY GEORGE S. MORRILL, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 11, 1869, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS DISK STAMPED CP6 ACCORDING TO RECORD OF SURVEY MAP NO. 17515 FILED IN THE OFFICE OF THE COUNTY RECORDER ON AUGUST 30, 2002 WHICH BEARS NORTH 17°35'27" WEST 285.74 FEET FROM A BRASS DISK STAMPED CP5 ACCORDING TO SAID RECORD OF SURVEY MAP; THENCE SOUTH 49°56'17" WEST 185.64 FEET TO A POINT ON THE EASTERLY LINE OF LAND PER DEED RECORDED NOVEMBER 6, 1998 AS DOCUMENT NO. 1998-0724997 OF OFFICIAL RECORDS, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; 1. THENCE ALONG SAID EASTERLY LINE SOUTH 17°43'01" EAST 19.38 FEET; 2. THENCE LEAVING SAID EASTERLY LINE SOUTH 88°01'02" WEST 7.22 FEET; 3. THENCE NORTH 18°33'04" WEST 12.65 FEET; 4. THENCE SOUTH 72°35'00" WEST 13.28 FEET TO THE BEGINNING OF A NON -TANGENT 357.50-FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 3°37'14" WEST; 5. THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 4°57'49" A DISTANCE OF 30.97 FEET; 6. THENCE SOUTH 7°29'55" EAST 4.94 FEET; 7. THENCE SOUTH 82°30'04" WEST 29.73 FEET; 8. THENCE SOUTH 7°29'56" EAST 9.00 FEET; 9. THENCE SOUTH 82°30'04" WEST 55.76 FEET; 10. THENCE NORTH 7°29'56" WEST 14.00 FEET; 11. THENCE SOUTH 82°30'04" WEST 39.93 FEET TO A POINT ON THE WESTERLY LINE OF LAND PER SAID DEED; 12. THENCE ALONG SAID WESTERLY LINE NORTH 17°43'01" WEST 10.16 FEET; 13. THENCE LEAVING SAID WESTERLY LINE NORTH 82°30'04" EAST 107.22 FEET; 14. THENCE SOUTH 7°29'56" EAST 5.00 FEET; 15. THENCE NORTH 82°30'04" EAST 15.00 FEET; 16. THENCE NORTH 7°29'56" WEST 5.00 FEET; 17. THENCE NORTH 82°30'04" EAST 11.77 FEET TO THE BEGINNING OF A TANGENT 367.50-FOOT RADIUS CURVE CONCAVE SOUTHERLY; Page 1 of 2 93!7 18. THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 6°47'18" A DISTANCE OF 43.54 FEET TO THE TRUE POINT OF BEGINNING. AREA = 0.061 ACRES, MORE OR LESS. MICKEY B. AG EXP. 3-31-10 .i U44/ G-/z-o g RCE 27648 Page 2 of 2 LEGEND T.P.O.B. P.O.B. PERMANENT EXHIBIT PP PP PP ACQUISITION AREA = 0.029 ACRES TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA = 0.061 ACRES TRUE POINT OF BEGINNING POINT OF BEGINNING CONTROL POINT PER ROS 17515 N 84'41'39" E 140.60' _t��— 55.76' " r n' I S 82'30'04 W i Z I 10' SEWER EASEMENT I § REC. 8/22/46 IN BK. 1222 PG. 98 O.R. 14% I* LAND PER DEED REC- 11/06/98 AS DOC. NO. 1998-0724997 O.R. POFL LOT 2 1/4 SEC, 132 RHO, DE LA NACIDN MAP 186 557-330-08 UNE L1 L2 L3 L4 L5 L6 L7 L8 L9 PLAZA BLVD. ,. X / co g / / N 00'42'38" W (R) TABULATED UNE DATA BEARING S 82'30'04" W S 7'29'56" E S 82'30'04" W N 7'29'56" W S 82'30'04" W N 17'43'01' W N 72'04'47" E S 17'43'01" E S 88'01'02" W T.P.O.B. PERM. ACO. LENGTH 11.77' 5.00' 15.00' 5.00' 107.22' 7.69' 10.91' 5.02' 7.22' P.O.B. �- CP6 9s 1 s 1\ TABULATED UNE DATA (CONT.) UNE L10 L11 L12 BEARING N 18'33'04' W S 72'35'00" W S 7'29'55" E LENGTH 12.65' 13.28' 4.94' L13 S 8230'04" W 29.73' L14 S 7'29'56' E 9.00' L15 N 7'29'56" W 14.00' L16 S 82'30'04' W 39.93' L17 N 1 T43`01" W 10.16' CURVE C1 C2 C3 TABULATED CURVE DATA DELTA 6'47'18" 319'52" 4'57'49" RADIUS 367.50' 460.00' 357 50' LENGTH 43.54' 26.74' 30.97' REVISED BY: DATE: DRAWN BY: KA DATE: 5-21-08 NATIONAL CITY 1'=50' CHECKED BY: MA DATE: 6-12-08 APPROVED BY: DATE: PERMANENT ACQUISITION AND TEMPORARY CONSTRUCTION EASEMENT APN 557-330-08 ML PROPERTIES, LLC DOC. NO. DWG. NO. 9319 State of CALIFORNIA County of SAN DIEGO 1 On June 8, 2009 before me, Deborah Etherton, Notary Public, personally appeared WILLIAM D. LYNCH who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person 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 Signatufiof Notary Public CM1[OMMM 117341114 i Wort Public - Coll o $o Ian OIsgo County 1----- 11/Cbtw�S Si 25.2011 j • 9320 NOTARY SEAL CERTIFICATION (Government Code 27361.7) I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS: Name of the Notary: �" Commission Number: County Where Bond is Filed: Manufacturer or Vendor Number: Date Commission Expires: (Located on both sides of the notary seal border) Signature: Firm Name (if applicable) Place of Execution: 5t14 z Date: ( 5 Rec. Form NR10 (R. &13197) Hccording requested by: CHICAGO TITLE COMPANY RECORDING REQUESTED BY and AFTER • RECORDING MAIL TO: City of National City 1243 National City Blvd National City, CA 91950-4301 go / v 7232 DCC # 2009-0453898 III III �111 IIIU IIH IIHI �IIH 11111 IIIII IHII IIIII �1111 IIIII AID �111 AUG 13, 2009 8:00 AM OFFICIAL RECORDS S. N E, EGO COLNT*' REL-I-IRDER'S OFF CE L BLI-LER. CfL'p.TY FIECOR[ER FEES O.n OE P, PAGES: 5 11111111111111111IIIII1111111hill11111111hill1111111111111lI11 NO FEES DUE - FOR BENEFIT OF PUBLIC AGENCY APN: 557-330-10 (Space above this line for County Recorders Use Only) No documentary tax due R & T 11922 (amended) STREET EASEMENT DOCUMENTARY TRANSFER TAX $ For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, CESARIO D. ANIBAN AND ELSA M ANIBAN, AS CO -TRUSTEES OF THE ANIBAN LIVING TRUST UNDER DECLARATION OF TRUST DATED 12-21-90 ("Grantor"), hereby grants and conveys to CITY OF NATIONAL CITY, ("Grantee"), a permanent and exclusive easement ("Easement") for street purposes over, under and upon the land located in the County of San Diego, State of California, more particularly described in Exhibit "A" and depicted in Exhibit "B" attached hereto and made a part hereof. Said Easement includes the right of ingress and egress for purposes of constructing a public street and appurtenances, together with the right to construct, operate, maintain, repair and replace said street and appurtenances. All references herein to Grantor and Grantee shall refer to and be binding upon their respective personal representatives, successors and assigns, specifically including any successor -in -interest to Grantor in ownership of fee title to the Easement Land and the Servient Tenement. IN WITNESS WHEREOF, Grantor has executed this Grant of Easement as of this 1`< day of /J,iiz(7I , 2009. GRANTOR: CESARIO D. ANIBAN AND ELSA M ANIBAN, AS CO -TRUSTEES OF THE ANIBAN LIVING TRUST UNDER DECLARATION OF TRUST DATED 12-21-90 Dated: i,�CtZ . Ot `I By: Dated: % 2Gf Q17,2c.c' Print name: Cesario D. Aniban, Co -Trustee By: 4,,A, A • Csf — T u Print name: Elsa M Aniban, Co -Trustee STATE OF CALIFORNIA COUNTY OF LS» L)y ( () ) SS. On °( )Z407 personally appeared C : e,5nit/ D L A 7233 before me, who proved to me on the basis of satisfactory evidence to be person(s) whose name(s) i are bed to the within instrument and acknowl•. • • • to me that he/sh he executed the same in his/he their authorized capacity(ies), and that by his/her.ignature(s) on the instrument the person(s), or the entity upon e alf of which the person(s), acted, executed the ument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary r 1 A. A !l .� /1 �7 A. AA SAN:DRA L. HORTON CO MM. # 1835978 NO 0.uY PUBLIC; GAL FORNIA SAN UIEC'J C,OUNT' My ;;mur.. Cxp rec F.:roary 12.2013 G. D l STATE OF CALIFORNIA SS. COUNTY OF On before me, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s), acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary EXTNOT1 -- 12,'03,'G7 AA 7234 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by Street Easement dated MAQc H 2 ? 20 , to the City of National City, is hereby accepted by order of the City Council of the City of National City per Resolution No. 2oog - 6G , dated APAiL ? 107 and the Grantee consents to the recordation thereof by its duly authorized officer. Date: CAAY 7 , 2009 * 4 Micael R. Dalla City Clerk City of National City 7235 EXHIBIT "A" PERMANENT ACQUISITION APN 557-330-10 THAT PORTION OF THE NORTH HALF OF THE NORTHEAST QUARTER OF 40 ACRE LOT 2 IN QUARTER SECTION 132 OF RANCHO DE LA NACION IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP NO. 166, BY MORRILL ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS DISK STAMPED CP6 ACCORDING TO RECORD OF SURVEY MAP NO. 17515 FILED IN THE OFFICE OF THE COUNTY RECORDER ON AUGUST 30, 2002 WHICH BEARS NORTH 79°01'58" EAST 770.20 FEET FROM A BRASS DISK STAMPED CP7 ACCORDING TO SAID RECORD OF SURVEY MAP; THENCE SOUTH 66°14'52" WEST 347.79 FEET TO A POINT ON THE EASTERLY LINE OF LAND PER DEED RECORDED FEBRUARY 4, 2005 AS DOCUMENT NO. 2005-0097152 OF OFFICIAL RECORDS, SAID POINT BEING THE TRUE POINT OF BEGINNING; 1. THENCE LEAVING SAID EASTERLY LINE SOUTH 82°30'04" WEST 42.50 FEET TO A POINT ON THE NORTHERLY LINE OF SAID LAND, SAID POINT ALSO BEING AN ANGLE POINT IN THE SOUTHERLY LINE OF PLAZA BOULEVARD; 2. THENCE ALONG SAID NORTHERLY LINE NORTH 72°04'47" EAST 41.82 FEET TO THE NORTHEAST CORNER OF SAID LAND; 3. THENCE ALONG THE EASTERLY LINE OF SAID LAND PER DEED SOUTH 17°43'01" EAST 7.69 FEET TO THE TRUE POINT OF BEGINNING. AREA = 0.004 ACRES, MORE OR LESS. MICKEY B. AG EXP. 3-31-10 LAND 0/ Q5 AS DO° REC. 0097152 QR. O' 557-330-10 POR. OF 1�1 ~ TNg IV 7/2 r IN 7/4 Jr 7/ �: r LOT MA RI-10, DE 88 r� �'JJiv PERMAN nvr AREA ON 0.004 ACRES TEMPORARY EASEMENT (TCE) STRUCfON EA 0.016 ACRES TRUE POINT OF POINT OF BEGINNING BEGINNING CONTROL POINT PER ROS 17515 �l. .. Recording requested by: tH lCAGO TITLE COMPANY 'REL;QRDING REQUESTED BY and AFTER RECORDING MAIL TO: City of National City 1243 National City Boulevard 6pNational City, CA, 91950 7226 ,YOvo/6;6O-0I DOC# 2009-0453897 IIIIIII IIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII Illll IIII IIII AUG 13, 2009 8:00 AM OFFICIAL RECORDS S::r! DIEGI r!j, IriT r RELrlRDER'S OFFICE D.4 IC BL'T,EF COLI'+r '9ECOR:iER FEES On,. PAGES: 6 1111111111111111111111111111111111111111111111111111111 NO FEES DUE - FOR BENEFIT OF PUBLIC AGENCY (Space above this line for County Recorders Use Only) APN: 557-330-10 No documentary tax due R & T 11922 (amended) TEMPORARY CONSTRUCTION EASEMENT /1 DOCUMENTARY TRANSFER TAX $ For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, CESARIO D. ANIBAN AND ELSA M ANIBAN, AS CO -TRUSTEES OF THE ANIBAN LIVING TRUST UNDER DECLARATION OF TRUST DATED 12-21-90 ("Grantor"), hereby grants and conveys to CITY OF NATIONAL CITY, ("Grantee"), a temporary construction easement ("Easement") and the right to use and occupy the surface and subsurface of said easement for a period of twelve (12) months, commencing upon the start of construction activities with Grantee providing a minimum of 30 days written notice to Grantor. Said Easement is located in the County of San Diego, State of California, more particularly described in Exhibit "A" and depicted in Exhibit "B" attached hereto and made a part hereof. Said Easement and right shall be all acts necessary for the purpose of constructing street improvements and related appurtenant structures associated with the Plaza Boulevard Widening Project. Such acts shall include, without limitation, constructing and installing street improvements, driveway transitions, restriping parking lots, drainage structures, utilities, retaining walls, slopes, and landscaping. Grantor further grants the right of unobstructed ingress and egress to the Easement, including the right to pass and re -pass over and along the Easement and to deposit tools, implements and other materials on the Easement and to utilize construction, automotive and other equipment thereon when necessary for the purpose of exercising its rights hereunder. Upon completion of any work, for the purposes and uses herein granted, Grantee shall restore, at Grantee's expense, the surface of the Easement to a compacted, neat, clean condition, but not necessarily the same condition as prior to such work. The rights and obligations contained herein shall inure to the benefit of and be binding upon the successors -in -interest, agents, employees, assigns, and transferees of the parties hereto. 7227 The Grantor, for the Grantor and Grantor's successors and assigns hereby waives any claim for any and all damages to the Grantor's remaining property contiguous to the Easement by reason of the location, construction, installation or landscaping of said transit station on or adjacent to the Easement. IN WITNESS WHEREOF, Grantor has executed this Grant of Temporary Construction J Easement as of this /day of Y)'1, 2009. Dated: AW-1- .9G'd `/ Dated: //%l GRANTOR: CESARIO D. ANIBAN AND ELSA M ANIBAN, AS CO -TRUSTEES OF THE ANIBAN LIVING TRUST UNDER DECLARATION OF TRUST DATED 12-21-90 By: Print name: Cesario D. Aniban, Co -Trustee By: //:/ Print name: Elsa M Aniban, Co -Trustee 7228 STATE OF CALIFORNIA ) ) SS. COUNTY OFr, a,esC on %1a..4c� L t/7L tee, 4,4A. personally appeared D d . /A,// EL,5i9 ,v. /44/ih g� before me, who proved to me on the basis of within instrument and acknowled capacity(ies), and that by his/h the person(s), acted, executed th tisfactory evidence to be person(s) whose name(s) (slams 'bed to the to me that he; sh they executed the same in his/h their authorized gnature(s) on the ins ent the person(s), or the entity upon alf of which ment. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary STATE OF CALIFORNIA SS. COUNTY OF ,. , .� f SAF;DHA L. HORTON C.. COMM 1 R35978 0 fJC rf HY PUHLIC.CALIFONNIA 5AN I)IF.i=:J CCUNTY —L My Cahn,ary 1P, 20,3 On before me, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her /their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s), acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary EXTNOT1 - 12,t3i07 AA 7229 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by Street Easement dated 3 -2 4-01 , to the City of National City, is hereby accepted by order of the City Council of the City of National City per Resolution No. Zoo -6'6 , dated Y-7- 01 , and the Grantee consents to the recordation thereof by its duly authorized officer. Date: S -7 , 2009 2wl f/taJ46, Michael R. Dalla City Clerk City of National City 7230 EXHIBIT "A" TEMPORARY CONSTRUCTION EASEMENT APN 557-330-10 THAT PORTION OF THE NORTH HALF OF THE NORTHEAST QUARTER OF 40 ACRE LOT 2 IN QUARTER SECTION 132 OF RANCHO DE LA NACION IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP NO. 166, BY MORRILL ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS DISK STAMPED CP6 ACCORDING TO RECORD OF SURVEY MAP NO. 17515 FILED IN THE OFFICE OF THE COUNTY RECORDER ON AUGUST 30, 2002 WHICH BEARS NORTH 79°01'58" EAST 770.20 FEET FROM A BRASS DISK STAMPED CP7 ACCORDING TO SAID RECORD OF SURVEY MAP; THENCE SOUTH 66°14'52" WEST 347.79 FEET TO A POINT ON THE EASTERLY LINE OF LAND PER DEED RECORDED FEBRUARY 4, 2005 AS DOCUMENT NO. 2005-0097152 OF OFFICIAL RECORDS, SAID POINT BEING THE TRUE POINT OF BEGINNING; 1. THENCE ALONG SAID EASTERLY LINE SOUTH 17°43'01" EAST 10.16 FEET; 2. THENCE LEAVING SAID EASTERLY LINE SOUTH 82°30'04" WEST 71.08 FEET TO THE BEGINNING OF A TANGENT 1093.16-FOOT RADIUS CURVE CONCAVE NORTHERLY; 3. THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 1°21'31" A DISTANCE OF 25.92 FEET TO A POINT ON THE NORTHERLY LINE OF LAND PER SAID DEED; 4. THENCE ALONG SAID NORTHERLY LINE NORTH 72°04'47" EAST 53.58 FEET TO AN ANGLE POINT IN THE SOUTHERLY LINE OF PLAZA BOULEVARD; 5. THENCE LEAVING SAID NORTHERLY LINE OF SAID LAND NORTH 82°30'04" EAST 42.50 FEET TO THE TRUE POINT OF BEGINNING. AREA = 0.016 ACRES, MORE OR LESS. MICKEY B. AG EXP. 3-31-10 LANO PE 2/0 /05 R DEED REC. 2005_009715 0 R 0. 557_ 30_ THE10 JAIr 2 1/4 Ng 1/4, o I Or ~ A AlAv MAP 16 6 j�1�1 PERMANENT AREA S1110N A _ 0.004 ACRES EASEMENT TEMPORARY CONS1RUCAON AREA • 0.01(6 EACRES 'TRUE PANT OF BEGINNING POINT OF BEGINNINGCON1ROL POINT PER ROS 17515 Recording requested by: CHI,CAGO TITLE COMPANY RECORDING REQUESTED BY and AFTER RECORDING MAIL TO: City of National City 1243 National City Blvd National City, CA 91950-4301 q foo0353o-o, m DCC # 2009-0390671 III IIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII III JUL 16. 2009 8:00 AM JFFICIAL RECORD' SAN :1IE33 COUNT REF-iFIDEFOFFICE L,:a;IC L BUTLE=:.CCI,NT RECORD[F: FEES n ,p OC NA PAGES: 8 1111I1I IIIII NIII IIII IIIII IIII 1I111111 NIII IIII NIII IIII IIIII NIII IIII INI 8176 NO FEES DUE - FOR BENEFIT OF PUBLIC AGENCY APN: 556-590-55 (Space above this line for County Recorders Use Only) No documentary tax due R & T 11922 (amended) STREET EASEMENT For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, H. DENMAN SCOTT AS TRUSTEE OF THE ELEANOR CRANFILL BONES FRIEDLAND DECLARATION OF TRUST OF AUGUST 9,1999, AS TO 55% INTEREST AND HERBERT DENMAN SCOTT A TWENTY-TWO AND ONE-HALF PERCENT (22-1/2%) INTEREST AND CYNTHIA CRANFILL SCOTT AKA CYNTHIA CRANFILL PAUL, A TWENTY-TWO AND ONE-HALF (22-112%) INTEREST AS TENANTS IN COMMON ("Grantor"), hereby grants and conveys to CITY OF NATIONAL CITY, ("Grantee"), a permanent and exclusive easement ("Easement") for street purposes over, under and upon the land located in the County of San Diego, State of California, more particularly described in Exhibit "A" and depicted in Exhibit "B" attached hereto and made a part hereof. Said Easement includes the right of ingress and egress for purposes of constructing a public street and appurtenances, together with the right to construct, operate, maintain, repair and replace said street and appurtenances. Continued on next page 8177 All references herein to Grantor and Grantee shall refer to and be binding upon their respective personal representatives, successors and assigns, specifically including any successor -in -interest to Grantor in ownership of fee title to the Easement Land and the Servient Tenement. IN WITNESS WHEREOF, Grantor has executed this Grant of Easement as of this 17 day of , 2009. GRANTOR: H. DENMAN SCOTT AS TRUSTEE OF THE ELEANOR CRANFILL BONES FRIEDLAND DECLARATION OF TRUST OF AUGUST 9,1999, AS TO 55% INTEREST AND HERBERT DENMAN SCOTT A TWENTY-TWO AND ONE-HALF PERCENT (22-1/2%) INTEREST AND CYNTHIA CRANFILL SCOTT AKA CYNTHIA CRANFILL PAUL, A TWENTY-TWO AND ONE-HALF (22-1/2%) INTEREST AS TENANTS IN COMMON By: _,--- /cold H. Denman Scott, Trustee By: Herbert Denman Scott By: Cynthia Cranfill Scott CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by Street Easement dated , to the City of National City, is hereby accepted by order of the City Council of the City of National City per Resolution No. , dated and the Grantee consents to the recordation thereof by its duly authorized officer. Date: , 2009 Michael R. Della City Clerk City of National City 8178 All references herein to Grantor and Grantee shall refer to and be binding upon their respective personal representatives, successors and assigns, specifically including any successor -in -interest to Grantor in ownership of fee title to the Easement Land and the Servient Tenement. IN WITNESS WHEREOF, Grantor has executed this Grant of Easement as of this f'1 day of , 2009. GRANTOR: H. DENMAN SCOTT AS TRUSTEE OF THE ELEANOR CRANFILL BONES FRIEDLAND DECLARATION OF TRUST OF AUGUST 9,1999, AS TO 55% INTEREST AND HERBERT DENMAN SCOTT A TWENTY-TWO AND ONE-HALF PERCENT (22-1/2%) INTEREST AND CYNTHIA CRANFILL SCOTT AKA CYNTHIA CRANFILL PAUL, A TWENTY-TWO AND ONE-HALF (22-1/2%) INTEREST AS TENANTS IN COMMON By: H. Denman Scott, Trustee By: /#. J IttA -_ By: Herbert Denman Scott Cynthia Cranfill Scott CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by Street Easement dated , to the City of National City, is hereby accepted by order of the City Council of the City of National City per Resolution No.2.9 -4( , dated , and the Grantee consents to the recordation thereof by its duly authorized officer. Date: M A Y 2e , 2009 A Miael R. Dblla City Clerk City of National City • 8179 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Ercase.�.�.�e.�e.�,�ttrx,�Grcryr�c��;�cs:��.�r.�:r�:rc:�crera�utrceasce�ecraec-e,�c•,�e•;cc�s,.es State of California County of ... aLA f)- On Q 4 I I -7 ) D1 Dab personally appeared K. MCBRIDE Commission # 1632913 Notary Public - California San Diego County My Comm. Expires Dec 24, 2009 before me, } k Mc v ad -col C(/(' here Irsert Name anri litre of the Officer ,N De vx.__w,44.v� . S c o+ Namels:,, cf Signer(s/ (a k a }-{ e,r b e r+ D A vt Sc P occ \ :H:ry z Signature OPTIONAL who proved to me on the basis of satisfactory evidence to be the person' whose name is/qie subscribed to the within instrument and acknowledged to me that he/,pPre/tljey executed the same in hisiteltheif authorized capacii ies), and that by his/fief/th$ signature(s) on the instrument the person, or the entity upon behalf of which the person 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 ha officials a� Siy c t er ul Notary Pudic Though the information below is not required by law. it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: S v-e et Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ), Zop1 Ir y i� �� $e wte ',LA -- Number of Pages: 2 + 1.7C k b i'f A G.V a-1 ( Individual Corporate Officer — Title(s): _. Partner — Limited " General Attorney in Fact Trustee - Guardian or Conservator Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER fop of •.r. ,rir rere ; Signer's Name: ! Individual Corporate Officer — Title(s). Partner — I Limited General I Attorney in Fact ! Trustee Guardian or Conservator Other: ..___. Signer Is Representing: RIGHT THUMBPRINT OF SIGNER AX4i14;-.K.3 Ct>C4. 4 02037 Naonal Nctary 4sse,:n on • 9150 nu S , , Aw:.. PO. box 2402 • Chatsaolh. CA 91313-2402 •'sew Netio•talNct::ry on; IIr•n a5907 Re ordu• . Call fo Free 1400-t i irb82! iC.) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT �rcrcrcrcr,crcr.M-4x�s��.,�.�cccr,�r�S�:.rr�.c. State of California County of On Sam !?' -e--0-0 o4f1DatiJivil personally appeared before me, } 81.30 . M Ov td-e r nutcvy pubs ► C More h serl Name. uxf TIIIe of he ()flux, Nanelbl o: Signer151 Se eri—t- Y.. MCBRIDE Commission * 1632913 a:,t ` Notary Public - California t zC.. San Diego County My Comm. Expires Dec 24,2009 Place Notary Seal Above Signature OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: I ve e.t ea sc.,� Document Date: &4 I rd z©'D' Number of Pages: 2 4 e .L. %tis Signer(s) Other Than Named Above: ft, D�I4L' avt SGo`r f- H-ev De-Mat.t-�6' who proved to me on the basis of satisfactory evidence to be the personcg whose name0 is/at subscribed to the within instrument and acknowledged to me that die/she/tttey executed the same in ttif/her/tI)e1P authorized capacity( and that by I}isr/her/tFjeff signature on the instrument the person($' or the entity upon behalf of which the personS 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 eal. t;oe 1(119- Sigrature o' tary Public Capacity(Ies) Claimed by Signer(s) Signer's Name: Individual .. Corporate Officer — Title(s): Partner i Limited -_ General Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Ter o".^u^-c rere Signer's Name: Individual Corporate Officer — Title(s): - Partner — Limited L General Attorney in Fact _ Trustee Guardian or Conservator Other: Signer Is Representing: .. RIGHT THUMBPRINT OF SIGNER cecCr2K. •efs,.. 'U^ _ic. `c:4.` :c:Cc:4`c.L`c.4`c%4•c4"e474^c ,..7 ket AX•fu • 7 "cC"c:c^u •V—.C:'r 1"l20, i \aboa rv01aty As sc,atior • TJCO Ue Scto Ave PO Box 2su'2 •Chatsvortn. CA 91 s19-2402 •wee. Nanoral\otary.crg Herr •5907 Reartfer Cal'ol-Free 1-80C47F.5827 8181 EXHIBIT "A" PERMANENT ACQUISITION APN 556-590-55 THAT PORTION OF PARCEL 8 OF PARCEL MAP NO. 12079, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING A DIVISION OF PORTIONS OF 40.00 ACRE LOTS 1 AND 2 AND 20.00 ACRE LOTS 2 AND 3 OF QUARTER SECTION 132 OF THE RANCHO DE LA NACION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 166, MADE BY MORRILL, FILED IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF SAN DIEGO, MAY 11, 1869, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS DISK STAMPED CP8 ACCORDING TO RECORD OF SURVEY MAP NO. 17515 FILED IN THE OFFICE OF THE COUNTY RECORDER ON AUGUST 30, 2002 WHICH BEARS NORTH 77°41'45" EAST 1270.33 FEET FROM A BRASS DISK STAMPED CP9 ACCORDING TO SAID RECORD OF SURVEY MAP; THENCE SOUTH 24°48'17" EAST 180.52 FEET TO A POINT ON THE NORTHERLY LINE OF SAID PARCEL 8, SAID POINT ALSO BEING ON THE SOUTHERLY LINE OF PLAZA BOULEVARD, AND THE BEGINNING OF A NON -TANGENT 15.31-FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 13°07'11" WEST, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; 1. THENCE EASTERLY ALONG SAID NORTHERLY LINE AND ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 1°54'18" A DISTANCE OF 0.51 FEET; 2. THENCE CONTINUING ALONG SAID NORTHERLY LINE SOUTH 78°47'07" EAST 75.68 FEET TO THE NORTHEAST CORNER OF SAID PARCEL 8: 3. THENCE ALONG THE EASTERLY LINE OF SAID PARCEL 8 SOUTH 11°12'53" WEST 0.43 FEET; 4. THENCE LEAVING SAID EASTERLY LINE NORTH 78°46'27" WEST 72.63 FEET TO THE BEGINNING OF A NON -TANGENT 15.00-FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 11°13'30" WEST; 5. THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 13°42'49" A DISTANCE OF 3.59 FEET TO THE TRUE POINT OF BEGINNING. AREA = 0.001 ACRES, MORE OR LESS. MICKEY B. A EXP. 3-31-10 R, J o. 2 6 EXP. 31 A 7 0 CIVIL REVISED BY: DRAWN BY: KA CHECKED BY: MA APPROVED BY: EXHIBIT "B" PAR, 8 556-590-55 0 STORM DRAIN EASEMENT REC. 1/12/83 AS FILE NO. 83-011317 O.R. NOTE: A BLANKET EASEMENT FOR DRAINAGE AS SHOWN ON PM 12079/ / COVERS ENTIRE PROPERTY DATE: DATE: 5-16-08 DATE: 6-12-08 DATE: LEGEND 8182 NOTE: SEE SHEET 2 FOR TABULATED CURVE DATA. PMI12070 PERMANENT ACQUISITION AREA = 0.001 ACRES TEMPORARY CONSTRUCTION L EASEMENT (TCE) AREA = 0.078 ACRES T.P.0.8. TRUE POINT OF BEGINNING P.O.B. POINT OF BEGINNING A CONTROL POINT PER ROS 17515 OWNERS THE ELEANOR CRANFILL BONES FRIEDLAND TRUST, HERBERT DENMAN SCOTT AND CYNTHIA CRANFILL PAUL. NATIONAL CITY PERMANENT ACQUISITION AND TEMPORARY CONSTRUCTION EASEMENT APN 556-590-55 OWNERS: SEE LEGEND SHEET 1 OF 2 SHEETS DOC. NO. DWG. NO. 8183 S 78.47,07, _v�4p.6gti E LEGEND E7712 T.P.O.B. P.O.B. A OWNERS PLAZA BL VD. T.P.O.B. PERM. ACQ. AND TCE dir` 784T07" 11'13'30" W j8 PAP, 8 556-590-55 PERMANENT ACQUISITION AREA = 0.001 ACRES TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA = 0.078 ACRES /•7 75.68. 'A N r- co' .-• DETAIL NO SCALE TRUE POINT OF BEGINNING POINT OF BEGINNING CONTROL POINT PER ROS 17515 THE ELEANOR CRANFILL BONES FRIEDLAND TRUST, HERBERT DENMAN SCOTT AND CYNTHIA CRANFILL PAUL 6448, • Mc 3. Ln PAR, 4 Z co 2 PM 12070 TABULATED CURVE DATA CURVE DELTA RADIUS LENGTH C1 1'54'18" 15.31' 0.51' C2 13'42'49" 15.00' 3.59' C3 4811'26" 25.00' 21.03' C4 4811'23" 5.00' 4.21' C5 90'03'42" 15.00' 23.58' C6 3'52'14" 951.82' 64.30' C7 45'00'00" 12.00' 9.42' C8 43'05'42" 15.31' 11.52' SHEET 2 OF 2 SHEETS REVISED BY: DATE: DRAWN BY: KA DATE: 5-16-08 NATIONAL CITY NOT TO SCALE CHECKED BY: MA DATE: 6-12-08 APPROVED BY: DATE: PERMANENT ACQUISITION AND TEMPORARY CONSTRUCTION EASEMENT APN 556-590-55 OWNERS: SEE LEGEND DOC. NO. DWG. NO. Recording requested by: CHICAGO TITLE COMPANY ' RECORDING REQUESTED BY and AFTER RECORDING MAIL TO: City of National City 1243 National City Boulevard National City, CA, 91950 N` ' gO003 S 30- 01 DOIC # 2009-0390672 �11111 III IIIII IIHI �I�� IIIII NIII IIII IlUl IIIII �II�I NII �II� JUL 16, 2009 8:00 AM UFFIC L.L FE=0RE5 :.�.N DIEC'J CCII.INT r REC_i,RGER S. OFFICE DAVID L BJZLER. COJNT i PECL•hDEH FEEE. U00 CIC NA PAGES: 1111111111111111111111111111111111111111101111111111111 NO FEES DUE - FOR BENEFIT OF PUBLIC AGENCY (Space above this line for County Recorders Use Only) APN: 556-590-55 No docurrregtary tax due R & T 11922 (aJ endpd)1 TEMPORARY CONSTRUCTION EASEMENT 8184 For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, H. DENMAN SCOTT AS TRUSTEE OF THE ELEANOR CRANFILL BONES FRIEDLAND DECLARATION OF TRUST OF AUGUST 9,1999, AS TO 55% INTEREST AND HERBERT DENMAN SCOTT A TWENTY-TWO AND ONE-HALF PERCENT (22-1/2%) INTEREST AND CYNTHIA CRANFILL SCOTT AKA CYNTHIA CRANFILL PAUL, A TWENTY-TWO AND ONE-HALF (22-112%) INTEREST AS TENANTS IN COMMON ("Grantor"), hereby grants and conveys to CITY OF NATIONAL CITY, ("Grantee"), a temporary construction easement ("Easement") and the right to use and occupy the surface and subsurface of said easement for a period of twelve (12) months, commencing upon the start of construction activities with Grantee providing a minimum of 30 days written notice to Grantor. Said Easement is located in the County of San Diego, State of California, more particularly described in Exhibit "A" and depicted in Exhibit "B" attached hereto and made a part hereof. Said Easement and right shall be all acts necessary for the purpose of constructing street improvements and related appurtenant structures associated with the Plaza Boulevard Widening Project. Such acts shall include, without limitation, constructing and installing street improvements, driveway transitions, restriping parking lots, drainage structures, utilities, retaining walls, slopes, and landscaping. Grantor further grants the right of unobstructed ingress and egress to the Easement, including the right to pass and re -pass over and along the Easement and to deposit tools, implements and other materials on the Easement and to utilize construction, automotive and other equipment thereon when necessary for the purpose of exercising its rights hereunder. Access to the business on Grantor's property shall remain open at all times. Use of the Easement shall not block parking spaces on Grantor's property, except that four (4) spaces shall be shortened by a few feet, and one (1) space will be entirely within the Easement area. Irrigation systems within the Easement shall be modified in a manner that allows continued watering of areas . outside of the Easement and shall be restored to normal operation when work is completed. Upon completion of any work, improvements or landscaping that have been removed or damaged shall be replaced and repaired to substantially the same condition that existed prior to such work. 8185 The rights and obligations contained herein shall inure to the benefit of and be binding upon the successors -in -interest, agents, employees, assigns, and transferees of the parties hereto. IN WITNESS WHEREOF, Grantor, has executed this Grant of Temporary Construction Easement as of this 17 day of tg-Y h,4 , 2009. GRANTOR: H. DENMAN SCOTT AS TRUSTEE OF THE ELEANOR CRANFILL BONES FRIEDLAND DECLARATION OF TRUST OF AUGUST 9, 1999, AS TO 55% INTEREST AND HERBERT DENMAN SCOTT A TWENTY-TWO AND ONE-HALF PERCENT (22-1/2%) INTEREST AND CYNTHIA CRANFILL SCOTT AKA CYNTHIA CRANFILL PAUL, A TWENTY-TWO AND ONE-HALF (22-1/2%) INTEREST AS TENANTS IN COMMON By: hi °'' " `"l7`- H. Denman Scott, Trustee By: /' IL4 k ft)i n _ By: Herbert Denman Scott Cynthia Cranfill Scott CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by Street Easement dated , to the City of National City, is hereby accepted by order of the City Council of the City of National City per Resolution No. , dated and the Grantee consents to the recordation thereof by its duly authorized officer. Date: , 2009 Michael R. Dalla City Clerk City of National City 8186 The rights and obligations contained herein shall inure to the benefit of and be binding upon the successors -in -interest, agents, employees, assigns, and transferees of the parties hereto. IN WITNESS WHEREOF, Gr ntor,has executed this Grant of Temporary Construction Easement as of this iv day of , 2009. GRANTOR: H. DENMAN SCOTT AS TRUSTEE OF THE ELEANOR CRANFILL BONES FRIEDLAND DECLARATION OF TRUST OF AUGUST 9, 1999, AS TO 55% INTEREST AND HERBERT DENMAN SCOTT A TWENTY-TWO AND ONE-HALF PERCENT (22-1/2%) INTEREST AND CYNTHIA CRANFILL SCOTT AKA CYNTHIA CRANFILL PAUL, A TWENTY-TWO AND ONE-HALF (22-1/2%) INTEREST AS TENANTS IN COMMON By: M H. Denman Scott, Trustee By: 1-11,c 1tat)cc,+rv,--I— By: Herbert Denman Scott Cynthia Cranfill Scott CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by Street Easement dated , to the City of National City, is hereby accepted by order of the City Council of the City of National City per Resolution No.2.09 -66 , dated '5' 7'Dy , and the Grantee consents to the recordation thereof by its duly authorized officer. Date: MAY P4 , 2009 At Michael R./Dalla City Clerk City of National City 81.87 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 4esi~rcr, �rr�,tt'.ef.��..�is.G��f.-cS�S,Y:�.�X.crcrct,c�.�l'rcK`,�yeC.e�.c(yCCeGe.�cC��foft-,rct>zr,�e,�^,bec r�,�i,L�,�;c State of California County of On 9)11II10q Date personally appeared before me, } K M r�V1; il?Ol6 , pu,9)1 Here Insert Name and I e d the r 14. Deif, yin cti G.Q-f-{- - Nnne(s)rf Sgnrr(s) et {-icevIoe.v+ VevtwtAto Sco-r>L� K. MCBRIDE Commission * 1632913 Notary Public - California i San Diego County My Comm. Expires Dec 24, 2009 Place Notary Seal Abcve who proved to me on the basis of satisfactory evidence to be the personj(s'f whose name(s) )+flare subscribed to the within instrument and acknowledged to me that he/sM/tyey executed the same in his/1f/114ir authorized capacit/(ies), and that by his/htief/tF�etr signature(s) on the instrument the person(,e', or the entity upon behalf of which the person(,e'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 offici4 seal. Signature OPTIONAL Signature ct Notary Public Though the information below is not required by law it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: ___... Capacity(ies) Claimed by Signer(s) Signer's Name: Individual Corporate Officer — Title(s): Partner — Limited General Attorney in Fact L. Trustee L Guardian or Conservator Other: Perr uv7 C sCfloyi FAsefM4 0 t f 1 —) / ?17) o-) Number of Pages: 7 + E" 1,-;1, 1+ A ..0 'a ...C.v'a.vt '' 1I ..SCD'I-{- .._.. Signer Is Representing: RIGHT THUMBPRINT OF SIGNER urrt, ho•c Signer's Name: Individual Corporate Officer — Title(s): — Partner — Limited General Attorney in Fact _ Trustee _= Guardian or Conservator Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER cv-earc. Y-4rX;:c eXe..KIs t evGu xx: O'CX. .^u,^e -4, x <,X.Aac eR Cu 02007 Nimo rat Naar' Axax:cr or• OlSCI De Soo A.... PO flux 2402 • Ctc,l:rn:•th CA 41211.2402 • • eem Natlo•c,INoN ryore; Item e5407 Rrrrr,d rr Ca To t Ffee 1 PM P.73 PA27 81.88 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ac.rsac,�raecrcrcr�c.�•Ace.�ciY<,c�`.ec�K.,crocyr,4r�cs�.c:S�x�' - - - -",,'t£�.u�'.c�..e�.�•c�'.ererer.�crec State of California County of Sets► On 0'il1?12vp�1 before me, i<. McBr dam, nC ` rY ate Hero Insert Name arid ellof Dr nicer personally appeared C y vt.M 4P1.- CV aKI ( S Go 1T ` NarinIS) of Siynert ) K. MCBRIDE Commission # 1632913 Notary Public - Callfornla San Diego County My Comm. Expires Dec 24, 2009 P aon !Votary Sea A;rw } who proved to me on the basis of satisfactory evidence to be the personV whose namefa'f is/arg subscribed to the within instrument and acknowledged to me that 1,67she/t>ef executed the same in Jail/her/tbe1?' authorized capacity(jasr and that by his/her/tJeif signature($'on the instrument the perso935, or the entity upon behalf of which the person 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 h n�' V ld c' I seal. Signature syn ve of Notary PO. OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: b 4! r I -urn !q Number of Pages: I Z Signer(s) Other Than Named Above: H . Dp to Wf•d 14 G O -ey�p �V'i t'tAi'(ASD f '- Capacity(ies) Claimed by Signer(s) Signer's Name: Individual Corporate Officer — Title(s): Partner — Limited General Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER 7 wet, he: •< Signer's Name: ' Individual Corporate Officer — Title(s): — Partner - • Limited I General _.. Attorney in Fact Trustee • Guardian or Conservator Other: -} E,(I,,,:b;+ A Signer Is Representing: E1208? Nr ,, r04 Nnt a' Asra r. N n, • 9350 Ce Soic Awe., PO. B.,a 2402 •Chatseu th. Ch 91313.2402 •'seu Nalo'talNctaryorg tte'a at.r90 / Reortle•: GNI To -Free 1.800-t7&-6027 8189 EXHIBIT "A" TEMPORARY CONSTRUCTION EASEMENT APN 556-590-55 THAT PORTION OF PARCEL 8 OF PARCEL MAP NO. 12079, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING A DIVISION OF PORTIONS OF 40.00 ACRE LOTS 1 AND 2 AND 20.00 ACRE LOTS 2 AND 3 OF QUARTER SECTION 132 OF THE RANCHO DE LA NACION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 166, MADE BY MORRILL, FILED IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF SAN DIEGO, MAY 11, 1869, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS DISK STAMPED CP8 ACCORDING TO RECORD OF SURVEY MAP NO. 17515 FILED IN THE OFFICE OF THE COUNTY RECORDER ON AUGUST 30, 2002 WHICH BEARS NORTH 77°41'45" EAST 1270.33 FEET FROM A BRASS DISK STAMPED CP9 ACCORDING TO SAID RECORD OF SURVEY MAP; THENCE SOUTH 24°48'17" EAST 180.52 FEET TO A POINT ON THE NORTHERLY LINE OF SAID PARCEL 8, SAID POINT ALSO BEING ON THE SOUTHERLY LINE OF PLAZA BOULEVARD, AND THE BEGINNING OF A NON -TANGENT 15.00-FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 24°56'19" WEST, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; 1. THENCE LEAVING SAID NORTHERLY LINE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 13°42'49" A DISTANCE OF 3.59 FEET; 2. THENCE SOUTH 78°46'27" EAST 72.63 FEET TO A POINT ON THE EASTERLY LINE OF SAID PARCEL 8; 3. THENCE ALONG SAID EASTERLY LINE SOUTH 11°12'53" WEST 16.23 FEET; 4. THENCE LEAVING SAID EASTERLY LINE NORTH 78°45'23" WEST 8.46 FEET; 5. THENCE NORTH 11°13'33" EAST 6.22 FEET; 6. THENCE NORTH 78°46'27" WEST 64.18 FEET TO THE BEGINNING OF A TANGENT 25.00-FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; 7. THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 48°11'26" A DISTANCE OF 21.03 FEET TO THE BEGINNING OF A TANGENT 5.00-FOOT RADIUS REVERSE CURVE; 8. THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 48°11'23" A DISTANCE OF 4.21 FEET; 9. THENCE NORTH 78°46'27" WEST 45.71 FEET TO THE BEGINNING OF A TANGENT 15.00-FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; 10. THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90°03'42" A DISTANCE OF 23.58 FEET; 11. THENCE SOUTH 11°09'51" WEST 19.16 FEET; 12. THENCE NORTH 78°50'09" WEST 44.24 FEET TO A POINT ON THE WESTERLY LINE OF SAID PARCEL 8; 13. THENCE ALONG SAID WESTERLY LINE NORTH 11°12'53" EAST 40.45 FEET TO THE NORTHWEST CORNER OF SAID PARCEL AND THE BEGINNING OF Page 1 of 2 A NON -TANGENT 951.82-FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 7°20'39" EAST; 14. THENCE EASTERLY ALONG SAID NORTHERLY LINE AND ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 3°52'14" A DISTANCE OF 64.30 FEET; 15. THENCE CONTINUING ALONG SAID NORTHERLY LINE SOUTH 78°47'07" EAST 40.69 FEET TO THE BEGINNING OF A TANGENT 12.00-FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; 16. THENCE EASTERLY CONTINUING ALONG SAID NORTHERLY LINE AND ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 45°00'00" A DISTANCE OF 9.42 FEET TO THE BEGINNING OF A TANGENT 15.31-FOOT RADIUS REVERSE CURVE; 17. THENCE CONTINUING ALONG SAID NORTHERLY LINE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 43°05'42" A DISTANCE OF 11.52 FEET TO THE TRUE POINT OF BEGINNING. AREA = 0.078 ACRES, MORE OR LESS. MICKEY B. AGUI"RIRCE 27648 EXP. 3-31-10 8190 Page 2 of 2 Air - N 0720'39* E (R) CP9 / REVISED BY: DRAWN BY: KA CHECKED BY: MA APPROVED BY: 12079 EXHIBIT "B" PAR, 8 556-590-55 cn STORM DRAIN EASEMENT REC. 1/12/83 AS FILE NO. 83-011317 O.R. NOTE: A BLANKET EASEMENT FOR DRAINAGE AS SHOWN ON PM 12079/ COVERS ENTIRE PROPERTY DATE: DATE: 5-16-08 DATE: 6-12-08 DATE: LEGEND T.P.O.B. P.O.B. A OWNERS $191 NOTE: SEE SHEET 2 FOR TABULATED CURVE DATA. PERMANENT ACQUISITION AREA = 0.001 ACRES TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA = 0.078 ACRES TRUE POINT OF BEGINNING POINT OF BEGINNING CONTROL POINT PER ROS 17515 THE ELEANOR CRANFILL BONES FRIEDLAND TRUST, HERBERT DENMAN SCOTT AND CYNTHIA CRANFILL PAUL. NATIONAL CITY PERMANENT ACQUISITION AND TEMPORARY CONSTRUCTION EASEMENT APN 556-590-55 OWNERS: SEE LEGEND SHEET 1 OF 2 SHEETS 1" = 50' DOC. NO. DWG. NO. 8192 • • S •\ 4O'69''• f \`g.'iP. ., LEGEND T.P.O.B. P.O.B. A OWNERS T.P.O.B. PERM. ACQ. AND TCE 4004A- 0 �hr E S 1113'30. - ; /8'46'27' PLAZA eL VD. PAR. 8 556-590-55 1 N Q'2 DETAIL NO SCALE PERMANENT ACQUISITION AREA = 0.001 ACRES TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA = 0.078 ACRES TRUE POINT OF BEGINNING POINT OF BEGINNING CONTROL POINT PER ROS 17515 THE ELEANOR CRANFILL BONES FRIEDLAND TRUST, HERBERT DENMAN SCOTT AND CYNTHIA CRANFILL PAUL. 75.68' • 64.18 a N 4. r N ad co PAR, 4 2 . co 'PM 12079 TABULATED CURVE DATA CURVE DELTA RADIUS LENGTH C1 1'54'18" 15.31' 0.51' C2 13'42'49" 15.00' 3.59' C3 4811'26" 25.00' 21.03' C4 4811'23" 5.00' 4.21' C5 90'03'42" 15.00' 23.58' C6 3'52'14" 951.82' 64.30' C7 45'00'00" 12.00' 9.42' C8 43'05'42" 15.31' 11.52' SHEET 2 OF 2 SHEETS REVISED BY: DATE: DRAWN BY: KA DATE: 5-16-08 NATIONAL CITY NOT TO SCALE CHECKED BY: MA DATE: 6-12-08 APPROVED BY: DATE: PERMANENT ACQUISITION AND TEMPORARY CONSTRUCTION EASEMENT APN 556-590-55 OWNERS: SEE LEGEND DOC. NO. DWG. NO. according requested by: CHCAEO TITLE COMPANY RECORDING REQUESTED BY and AFTER RECORDING MAIL TO: City of National City 1243 National City Boulevard 'Ztc.c-nc.-1 CL- c• ,t '; rc y 3\ (Pi'1 it iL/./'3 / Ul DCC # 2009-0478238 IIIIIII IIII IIIII IIIII IIIII IIIII IIIII IIII IIIII II I IIIII I II IIII III AUG 26, 2009 8:00 AM OFFICIAL RECORDS S.41 DIEC:C .71 u_ r 1'r' RECD IRDER''= JFF CE D.4VIDL BU-LER COUNTY HE OOREEF� SEES 000 �c oC PAGES: 6 I I I I I 111111111111111111 I I I I 1111 1111 1111111111111111111111111111111111 NO FEES DUE - FOR BENEFIT OF PUBLIC AGENCY (Space above this line for County Recorders Use Only) APN: 557-420-31 No documentary tax due R & T 11922 (amended) TEMPORARY CONSTRUCTION EASEMENT 5208 For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, ROBERT LEE MORGAN, A MARRIED MAN AS HIS SOLE AND SEPARATE PROPERTY,*("Grantee"), a temporary construction easement ("Easement") and the right to use and occupy the surface and subsurface of said easement for a period of twelve (12) months, commencing upon the start of construction activities with Grantee providing a minimum of 30 days written notice to Grantor. Said Easement is located in the County of San Diego, State of California, more particularly described in Exhibit "A" and depicted in Exhibit "B" attached hereto and made a part hereof. Said Easement and right shall be all acts necessary for the purpose of constructing street improvements and related appurtenant structures associated with the Plaza Boulevard Widening Project. Such acts shall include, without limitation, constructing and installing street improvements, driveway transitions, restriping parking lots, drainage structures, utilities, retaining walls, slopes, and landscaping. Grantor further grants the right of unobstructed ingress and egress to the Easement, including the right to pass and re -pass over and along the Easement and to deposit tools, implements and other materials on the Easement and to utilize construction, automotive and other equipment thereon when necessary for the purpose of exercising its rights hereunder. Access to the business from Plaza Blvd. to Grantor's property shall remain open. Upon completion of any work, for the purposes and uses herein granted, Grantee shall restore, at Grantee's expense, the surface of the Easement to a compacted, neat, clean condition, but not necessarily the same condition as prior to such work. The rights and obligations contained herein shall inure to the benefit of and be binding upon the successors -in -interest, agents, employees, assigns, and transferees of the parties hereto. *(Grantor) hereby grants and conveys to City of National City, (Grantee) 5209 The Grantor, for the Grantor and Grantor's successors and assigns hereby waives any claim for any and all damages to the Grantor's remaining property contiguous to the Easement by reason of the location, construction, installation or landscaping of said transit station on or adjacent to the Easement. IN WITNESS WHEREOF, Grantor has executed this Grant of Temporary Construction Easement as of this / "day of Tom.-, e- , 2009. GRANTOR: ROBERT LEE MORGAN, A MARRIED MAN AS HIS SOLE AND SEPARATE PROPERTY. By: �' ' !? lit — Robert Lee Morgan CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by Street Easement dated 3uu t. 1, 2001 , to the City of National City, is hereby accepted by order of the City Council of the City of National City per Resolution No. 24,1 -,4 , dated PAL 7 and the Grantee consents to the recordation thereof by its duly authorized officer. Date: j (0 I 16 , 2009 j chael R. Dalla City Clerk City of National City 5210 ACKNOWLEDGMENT State of California County of San Diego On June 1, 2009 before me, Todd R. Stone, a Notary Public (insert name and title of the officer) personally appeared ROBERT LEE MORGAN who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s). or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature c74/1 (Seal) ,;: T000 R. STONE COMM. 41661390 NOTARY PUBLIC • CALIFORNIA SAW DIEGO COUNTY Commission ' 24 2010 5211 EXHIBIT "A" TEMPORARY CONSTRUCTION EASEMENT APN 557-420-31 THAT PORTION OF PARCEL NO. 1 OF PARCEL MAP NO. 5478, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JANUARY 13, 1977, TOGETHER WITH THAT PORTION OF THE WEST HALF OF 80 ACRE LOT 2 IN QUARTER SECTION 129 OF RANCHO DE LA NACION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 166, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, ON MAY 11, 1869, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS DISK STAMPED CP4 ACCORDING TO RECORD OF SURVEY MAP NO. 17515 FILED IN THE OFFICE OF THE COUNTY RECORDER ON AUGUST 30, 2002 WHICH BEARS NORTH 87°46'13" EAST 805.90 FEET FROM A BRASS DISK STAMPED CP5 ACCORDING TO SAID RECORD OF SURVEY MAP; THENCE NORTH 47°07'59" EAST 53.02 FEET TO A POINT ON THE NORTHERLY LINE OF SAID PARCEL, SAID LINE ALSO BEING THE SOUTHERLY LINE OF PLAZA BOULEVARD, SAID POINT BEING THE TRUE POINT OF BEGINNING; 1. THENCE LEAVING SAID NORTHERLY LINE NORTH 76°30'26" EAST 21.82 FEET TO THE BEGINNING OF A TANGENT 37.38-FOOT RADIUS CURVE CONCAVE SOUTHERLY; 2. THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 27°42'07 A DISTANCE OF 18.07 FEET; 3. THENCE SOUTH 75°47'27" EAST 23.87 FEET TO THE BEGINNING OF A TANGENT 50.92-FOOT RADIUS CURVE CONCAVE NORTHERLY; 4. THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 31°26'58" A DISTANCE OF 27.95 FEET TO THE BEGINNING OF A TANGENT 1362.00-FOOT RADIUS COMPOUND CURVE; 5. THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 4°03'34" A DISTANCE OF 96.50 FEET TO A POINT ON THE NORTHEASTERLY LINE OF LAND PER DEED RECORDED MAY 4, 1978 AT FILE/PAGE NO. 78-180860 OF OFFICIAL RECORDS; 6. THENCE ALONG SAID NORTHEASTERLY LINE SOUTH 45°53'55" EAST 16.19 FEET TO THE SOUTHEAST CORNER OF SAID LAND PER DEED, SAID POINT BEING ON THE NORTHERLY LINE OF SAID PARCEL NO. 1; 7. THENCE ALONG SAID NORTHERLY LINE NORTH 78°59'19° EAST 1.42 FEET TO THE BEGINNING OF A NON -TANGENT 1377.00-FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 21°38'19" EAST; 8. THENCE LEAVING SAID NORTHERLY LINE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 4°23'54" A DISTANCE OF 105.71 FEET; 9. THENCE SOUTH 74°21'31" WEST 145.93 FEET TO A POINT ON THE WESTERLY LINE OF SAID PARCEL NO. 1; Page 1 of 2 • 5212 10. THENCE ALONG SAID WESTERLY LINE NORTH 17°45'13" WEST 39.74 FEET TO THE NORTHWEST CORNER THEREOF, SAID POINT BEING ON SAID SOUTHERLY LINE OF PLAZA BOULEVARD; 11. THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL NO. 1, NORTH 74°41'06" EAST 60.49 FEET TO THE TRUE POINT OF BEGINNING. AREA = 0.147 ACRES, MORE OR LESS. Page 2 of 2 5213 TABULATED UNE DATA UNE BEARING LENGTH L1 N 87'46'13" E 805.90' L2 N 47V7'59" E 53.02' L3 N 75'47'27" W 23.87' L4 S 76'30'26" W 21.82' L5 N 7859'19' E 1.42' L6 N 17'45'13" W 39.74' FREEWAY SLOPE EASEMENT REC. 3/11/71 AS FILE NO. 46267 O.R. T4.4106 s 4 EXHIBIT "B" TABULATED CURVE DATA CURVE DELTA RADIUS LENGTH C1 4'03'34" 1362.00' 96.50' C2 3126'58' 50.92' 27.95' C3 27'42'07' 37.38' 18.07' C4 423154" 1377.00' 105.71' T.P.O.B. PERM. ACQ. AND TCE .E K 14.41'uu 3� o+ ..4� W 145 g3 1411,31. PM PAR, CP5 SEE DETAIL BELOW FOR CP5 CONTROL POINT LOCATION 5478 L1 CP• 4 DETAIL NOT TO SCALE • 557-420-31 PAR, 1 C4 S 21'17'59" E (R) 10' SEWER EASEMENT REC. 8/22/46 AS FILE NO. 91532 IN BK. 2222, PG. 93 O.R. LEGEND Are PERMANENT ACQUISITION AREA = 0.039 ACRES SI TEMPORARY CONSTRUCTION �� 11JJ EASEMENT (TCE) AREA = 0.147 ACRES T.P.O.B. TRUE POINT OF BEGINNING P.O.B. POINT OF BEGINNING 0 CONTROL POINT PER ROS 17515 D01 DEED REC. 5/04/78 AT FILE/PAGE NO. 78-180860 O.R. REUSED BY: DATE DRAWN BY: KA DATE 4-21-08 NATIONAL aTY SCALE 1' = 50' CHECKED BY: MA DATE 5-22-08 APPROVED BY: DATE PERMANENT ACQUISITION AND TEMPORARY CONSTRUCTION EASEMENT APN 557-420-31 MORGAN FAMILY TRUST AND ROBERT LEE MORGAN DOC. NO. DWG. NO. Recording requested by: CHICAGO TITLE COMPANY RECORDING REQUESTED BY and AFTER RECORDING MAIL TO: City of National City 1243 National City Blvd National City, CA 91950-4301 D(C # 2009-0478239 AUG 26, 2009 8:00 AM OFFI'_:Ir.L REL':IREJ_; SA/.. i!IE(A t LI�UNT',' RE:ORDEfi'S ! GFICE DAVIE, L E: I'LER COUNTY RE':ORC`ER FEES 000 NA PAGES: 6 1111111111111111111111111111111111111111113111111111111 5214 NO FEES DUE - FOR BENEFIT OF PUBLIC AGENCY (Space above this Tine for County Recorders Use Only) APN: 557-420-31 No documentary tax due R & T 11922 (amended) STREET EASEMENT For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, ROBERT LEE MORGAN, A MARRIED MAN AS HIS SOLE AND SEPARATE PROPERTY,*("Grantee"), a permanent and exclusive easement (`Easement") for street purposes over, under and upon the land located in the County of San Diego, State of California, more particularly described in Exhibit "A" and depicted in Exhibit "B" attached hereto and made a part hereof. Said Easement includes the right of ingress and egress for purposes of constructing a public street and appurtenances, together with the right to construct, operate, maintain, repair and replace said street and appurtenances. All references herein to Grantor and Grantee shall refer to and be binding upon their respective personal representatives, successors and assigns, specifically including any successor -in -interest to Grantor in ownership of fee title to the Easement Land and the Servient Tenement. t IN WITNESS WHEREOF, Grantor has executed this Grant of Easement as of this day of 2009. GRANTOR: ROBERT LEE MORGAN, A MARRIED MAN AS HIS SOLE AND SEPARATE PROPERTY. *(Grantor) hereby grants and conveys to City of National City, (Grantee) By: 1 6_ --//"?' Robert Lee Morgan • 5215 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by Street Easement dated .1 u ra f I, 2001 , to the City of National City, is hereby accepted by order of the City Council of the City of National City per Resolution No. 2409 - 6! , dated A?kIL -) 2001 and the Grantee consents to the recordation thereof by its duly authorized officer. Date: Jai., !6 , 2009 4 Mi ' hael R. ' alla City Clerk City of National City 5216 ACKNOWLEDGMENT State of California County of San Diego On June 1, 2009 before me Todd R. Stone, a Notary Public (insert name and title of the officer) personally appeared ROBERT LEE MORGAN who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature "� / 42:[4Z (Seal) TODD R. STONE COMM. *1661390 NOTARY PUBLIC • CALIFORNIA SAN O$EGO COUNTY Camission 24.2010 5217 EXHIBIT "A" PERMANENT ACQUISITION APN 557-420-31 THAT PORTION OF PARCEL NO. 1 OF PARCEL MAP NO. 5478, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JANUARY 13, 1977, TOGETHER WITH THAT PORTION OF THE WEST HALF OF 80 ACRE LOT 2 IN QUARTER SECTION 129 OF RANCHO DE LA NACION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 166, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, ON MAY 11, 1869, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS DISK STAMPED CP4 ACCORDING TO RECORD OF SURVEY MAP NO. 17515 FILED IN THE OFFICE OF THE COUNTY RECORDER ON AUGUST 30, 2002 WHICH BEARS NORTH 87°46'13" EAST 805.90 FEET FROM A BRASS DISK STAMPED CP5 ACCORDING TO SAID RECORD OF SURVEY MAP; THENCE NORTH 47°07'59" EAST 53.02 FEET TO A POINT ON THE NORTHERLY LINE OF SAID PARCEL NO. 1, SAID LINE ALSO BEING THE SOUTHERLY LINE OF PLAZA BOULEVARD, SAID POINT BEING THE TRUE POINT OF BEGINNING; 1. THENCE ALONG SAID NORTHERLY LINE NORTH 74°41'06" EAST 86.31 FEET TO AN ANGLE POINT THEREIN; 2. THENCE CONTINUING ALONG SAID NORTHERLY LINE SOUTH 15°25'15" EAST 8.74 FEET TO THE NORTHWEST CORNER OF LAND PER DEED RECORDED MAY 4, 1978 AT FILE/PAGE NO. 78-180860 OF OFFICIAL RECORDS; 3. THENCE LEAVING SAID NORTHERLY LINE ALONG THE NORTHERLY LINE OF LAND PER SAID DEED NORTH 78°59'07° EAST 96.05 FEET TO THE NORTHEAST CORNER OF SAID LAND; 4. THENCE ALONG THE NORTHEAST LINE OF SAID LAND PER DEED SOUTH 45°53'34" EAST 1.49 FEET TO THE BEGINNING OF A NON -TANGENT 1362.00-FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 21°17'59" EAST; 5. THENCE LEAVING SAID NORTHEAST LINE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 4°03'34" A DISTANCE OF 96.50 FEET TO THE BEGINNING OF A TANGENT 50.92-FOOT RADIUS COMPOUND CURVE; 6. THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 31°26'58" A DISTANCE OF 27.95 FEET; 7. THENCE NORTH 75°47'27" WEST 23.87 FEET TO THE BEGINNING OF A TANGENT 37.38-FOOT RADIUS CURVE CONCAVE SOUTHERLY; 8. THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 27°42'07' A DISTANCE OF 18.07 FEET; 9. THENCE SOUTH 76°30'26" WEST 21.82 FEET TO THE TRUE POINT OF BEGINNING. Page 1 of 2 5218 AREA = 0.039 ACRES, MORE OR LESS. MICKEY B. AGUJRR RCE 27648 EXP. 3-31-10 Page 2 of 2 5219 • TABULATED UNE DMA UNE BEARING LENGTH L1 N 87'46'13" E 805.90' L2 N 47'07'59" E 53.02' L3 N 75'47'27" W 23.87' L4 S 76'30'26" W 21.82' L5 N 78'59'19" E 1.42' L6 N 17'45'13" W 39.74' FREEWAY SLOPE EASEMENT REC. 3/11/71 AS FILE NO. 46267 O.R. 70, , 0.49 PAR EXHIBIT "B" TABULATED CURVE DATA CURVE DELTA RADIUS LENGTH C1 4'03'34" 1362.00' 96.50' C2 3126'58" 50.92' 27.95' C3 27'42'07" 37.38' 18.07' C4 4'23'54" 1377.00' 105.71' T.P.O.B. PERM. ACQ. AND TCE . E N74 SEE DETAIL BELOW FOR CP5 CONTROL POINT LOCATION L1 CP5 CP4 DETAIL NOT TO SCALE E 8`o . S 5.�g'15" (58a4 PLAZA N 78"59 p7 05' S 21'17'59" E (R) 10' SEWER EASEMENT REC. 8/22/46 AS FILE NO. 91532 IN BK. 2222, PG. 93 O.R. LEGEND T.P.O.B. P.O.B. A D01 PERMANENT ACQUISITION AREA = 0.039 ACRES TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA = 0.147 ACRES TRUE POINT OF BEGINNING POINT OF BEGINNING CONTROL POINT PER ROS 17515 DEED REC. 5/04/78 AT FILE/PAGE NO. 78-180860 O.R. REVISED BY: DATE: DRAWN BY: KA DATE: 4-21-08 NATIONAL CITY SCALE 1"=50' CHECKED BY: MA DATE: 5-22-08 APPROVED BY: DATE: PERMANENT ACQUISITION AND TEMPORARY CONSTRUCTION EASEMENT APN 557-420-31 MORGAN FAMILY TRUST AND ROBERT LEE MORGAN DOC. NO. DWG. NO. DOC if 2010-0609790 RECORDING MAIL TO: 0 City of National City 1243 National City Blvd. \\' CI\ National City, CA 91950-4301 3") f oc-c) G 5-s AFTER NOV 09, 2010 8:00 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE DAVID L. BUTLER, COUNTY RECORDER FEES: 0.00 OC: NA PAGES 6 111111111111111111111111111111111111111111111111111111111111111111111111111111111111 9105 No FEES DUE — FOR BENEFIT OF PUBLIC AGENCY (Space above this line for County Recorders Use Only) APN: 557-322-14 & 15 No documentary tax due R & T 11922 (amended) STREET EASEMENT For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, PACIFIC CASTLE BAY PLAZA, LLC, A DELAWARE LIMITED LIABILITY COMPANY,* ("Grantee"), a permanent and exclusive easement ("Easement") for street purposes over, under and upon the land located in the County of San Diego, State of California, more particularly described in Exhibit "A" and depicted in Exhibit "B" attached hereto and made a part hereof. Said Easement includes the right of ingress and egress for purposes of constructing a public street and appurtenances, together with the right to construct, operate, maintain, repair and replace said street and appurtenances. All references herein to Grantor and Grantee shall refer to and be binding upon their respective personal representatives, successors and assigns, specifically including any successor -in -interest to Grantor in ownership of fee title to the Easement Land and the Servient Tenement. IN WITNESS WHEREOF, Grantor has executed this Grant of Easement as of this (sf day of e\ , 2010. GRANTOR: PACIFIC CASTLE BAY PLAZA, LLC, A DELAWARE LIMITED LIABILITY COMPANY BY: PIM PACIFIC CASTLE VENTURE LLC A DELAWARE LIMITIED LIABILTY COMPANY SOLE MANAGING MEMBER By: By: `7 ;i)AS7A(2 (3 ADT, AJtkr,rrx- ia'e-tkn, Type name/{tle Type name/title *("GRANTOR"), HEREBY GRANTS AND CONVEYS TO CITY OF NATIONAL CITY, STATE OF CALIFORNIA ) ) ss. COUNTY OF 1�ti 1'1 ) 9106 On TU L (f t )47- tt>� , before me, L i �_ ') � t-f,.yy , Notary Public, personally appeared h ` AZ, ,2,h.t , who proved to me on the basis of satisfactory evidence to be the person( eKwhose name)) isift,e subscribed to the within instrument, and acknowledged to me that he/she/they executed the same in his/r/ttir authorized capacity(2e4 and that by hisd16/t signature( on the instrument the person ($ or the entity upon behalf of which the personacted, 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. Signature STATE OF CALIFORNIA COUNTY OF ) ) ss. KELLIE SALEM Commission * 1891447 Notary Public - California Orange County Comm. Extres Ma 30, 2014 [SEAL] On , before me, , Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature [SEAL] 9107 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by Street Easement dated 30Ltil I 2010 , to the City of National City, is hereby accepted by order of the City Council of the City of National City per Resolution No. 2001-66 , dated A Pki L 7 2009 , and the Grantee consents to the recordation thereof by its duly i authorized officer. Date: SEPTEmtee. 22 , 2010 Michael R. Dalla City Clerk City of National City 9108 EXHIBIT "A" PERMANENT ACQUISITION APN 557-322-14 THAT PORTION OF PARCEL 1 OF PARCEL MAP NO. 13874, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 23, 1985, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS DISK STAMPED CP7 ACCORDING TO RECORD OF SURVEY MAP NO. 17515 FILED IN THE OFFICE OF THE COUNTY RECORDER ON AUGUST 30, 2002 WHICH BEARS SOUTH 79°01'58" WEST 770.20 FEET FROM A BRASS DISK STAMPED CP6 ACCORDING TO SAID RECORD OF SURVEY MAP; THENCE SOUTH 86°56'25" EAST 221.84 FEET TO A POINT ON THE NORTHERLY LINE OF SAID PARCEL 1, SAID POINT ALSO BEING ON THE SOUTHERLY LINE OF PLAZA BOULEVARD AND THE BEGINNING OF A NON -TANGENT 1039.64-FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 00°19'49" EAST, SAID POINT BEING THE TRUE POINT OF BEGINNING; 1. THENCE EASTERLY ALONG SAID NORTHERLY LINE AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 5°00'05" A DISTANCE OF 90.75 FEET; 2. THENCE CONTINUING ALONG SAID NORTHERLY LINE NORTH 84°40'06" EAST 71.71 FEET; 3. THENCE LEAVING SAID NORTHERLY LINE SOUTH 82°30'04" WEST 14.55 FEET TO THE BEGINNING OF A TANGENT 1083.17-FOOT RADIUS CURVE CONCAVE NORTHERLY; 4. THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 7°49'42" A DISTANCE OF 147.99 FEET TO THE TRUE POINT OF BEGINNING. AREA = 0.003 ACRES, MORE OR LESS. MIC E : AedI S'E RC 27648 EXP. 3-31-10 PAR'0 PAR, 3 EXHIBIT "B" PM\13874 PAR . 13874 PAR /f ACCESS AND U11UTY EASEMENT REC. 4/5/85 AS FILE NO. 85-117680 O.R. PM 13874 PAr!. " 2 LEGEND T.P.O.B. P.O.B. A PAFi 7 PM 13874 PAS, 1 557-322-14 co NOTE: SEE SHEET 2 FOR TABULATED UNE AND CURVE DATA. SEE DETAIL "A" 11110 SHEET 2 7' ,--P.O.B. CP7 ar . \b,, to a \ 0 csA CP6), 9I09 . FP O S 772 TPOB FEE AND TCE \ PERMANENT ACQUISITION AREA = 0.003 ACRES TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA = 0.117 ACRES TRUE POINT OF BEGINNING POINT OF BEGINNING CONTROL POINT 0 PER ROS 17515 \ \ SHEET 1 OF 2 SHEETS REVISED BY: DATE: DRAWN BY: KA DATE: 5-21-08 NATIONAL CITY 1' = 80' CHECKED BY: MA DATE: 5-27-08 APPROVED BY: DATE: PERMANENT ACQUISITION AND TEMPORARY CONSTRUCTION EASEMENT APN 557-322-14 PACIFIC CASTLE BAY PLAZA, LLC DOC. NO. DWG. NO. 11111111 i S _--------T.P.O.B. FEE AND TCE PM 13874 PAR, J 557-322-14 0 Fi0S 772 LEGEND PERMANENT ACQUISITION AREA = 0.003 ACRES TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA = 0.117 ACRES T.P.O.B. TRUE POINT OF BEGINNING P.O.B. POINT OF BEGINNING A CONTROL POINT PER ROS 17515 9110 -40 9 DETAIL "A" NOT TO SCALE -" o6o'ti4; v 5 � S cis TABULATED CURVE DATA CURVE DELTA RADIUS LENGTH C1 5'00'05" 1039.64' 90.75' C2 7'49'42" 1083.17' 147.99' C3 1018'29" 1093.16' 196.67' C4 0'46'56" 1093.16' 14.92' C5 112'31" 1093.16' 23.06' C6 3117'38" 9.50' 5.19' C7 89'59'24" 15.00' 23.56' C8 47'44'56" 29.50' 24.58' C9 11'32'42" 1039.64' 209.49' TABULATED UNE DATA UNE BEARING LENGTH L1 S 82'30'04" W 14.55' L2 S 73'31'31" W 51.34' L3 N 7914'13" W 36.38' L4 N 10'45'47" E 10.17' L5 N 78'46'27" W 47.66' L6 S 1114'09" W 4.97' L7 N 78'45'51" W 14.73' L8 N 1112'53" E 6.66' L9 S 78'47'07" E 84.96' j` • 1:4,47 4 �;�•`L� 4 • Ilk V DETAIL "6" NOT TO SCALE To. `� ogs, % � F SHEET 2 OF 2 SHEETS REVISED BY: DATE: DRAWN BY: KA DATE: 5-21-08 NATIONAL CITY NOT TO SCALE CHECKED BY: MA DATE: 5-27-08 APPROVED BY: DATE: PERMANENT ACQUISITION AND TEMPORARY CONSTRUCTION EASEMENT APN 557-322-14 PACIFIC CASTLE BAY PLAZA, LLC DOC. NO. DWG. NO. D O C # 2010-0609789 AFTER RECORDING MAIL TO: City of National City 1243 National City Blvd. National City, CA 91950-4301 3") I Duo 4 58 11111111 iii lull uiii iiiii uiii iiiii iiiii uiii uiii imi iiiii iiii ii NOV 09, 2010 8:00 AMRECORDS SAN DIEGOOCO NATY RECORDER'S OFFICE B DAVID L BUTLER, COUNTY RECORDER FEES: 0.00 OC: NA PAGES: 7 1111111111111111111111111111111111111111111111111111111111111111111 I I I I I I I I I I I I I I I I I I NO FEES DUE — FOR BENEFIT OF PUBLIC AGENCY (Space above this line for County Recorders Use Only) APN: 557-322-14 & 15 No documentary tax due R & T 11922 (amended) TEMPORARY CONSTRUCTION EASEMENT For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, PACIFIC CASTLE BAY PLAZA, LLC, A DELAWARE LIMITED LIABILITY COMPANY ("Grantor"), hereby grants and conveys to CITY OF NATIONAL CITY, ("Grantee"), a temporary construction easement ("Easement") and the right to use and occupy the surface and subsurface of said easement for a period of twelve (12) months, commencing upon the start of construction activities with Grantee providing a minimum of 30 days prior written notice to Grantor. Said Easement is located in the County of San Diego, State of California, more particularly described in Exhibit "A" and depicted in Exhibit "B" attached hereto and made a part hereof (sometimes referred to herein as "Easement Area"). Said Easement and right shall be all acts necessary for the purpose of constructing street improvements and related appurtenant structures associated with the Plaza Boulevard Widening Project. Such acts shall include, without limitation, constructing and installing street improvements, driveway transitions, restriping parking lots, drainage structures, utilities, retaining walls, slopes, and landscaping. Grantor further grants the right of unobstructed ingress and egress to the Easement, including the right to pass and re -pass over and along the Easement and to deposit tools, implements and other materials on the Easement and to utilize construction, automotive and other equipment thereon when necessary for the purpose of exercising its rights hereunder. Upon completion of any work, for the purposes and uses herein granted, Grantee shall restore, at Grantee's expense, the Easement Area to at least the same condition as prior to such work, including but not limited to, repairing, restoring and replacing the improvements located on the Easement Area. Notwithstanding the foregoing, Grantee shall not be obligated to repair any damage to the Easement Area that is above and beyond normal wear and tear. The Grantor, for the Grantor and Grantor's successors and assigns hereby waives any claim for any and all damages to the Grantor's remaining property contiguous to the Easement by reason of the location, construction, installation or landscaping of said Plaza Boulevard Widening Project on or adjacent to the Easement. 9099 Notwithstanding the foregoing, Grantee shall indemnify, defend and hold harmless Grantor from any and all fines, suits, claims, demands, penalties, losses and actions (including reasonable attorneys' fees) for any injury to persons or damage to or loss of property in or about the Easement Area to Grantee, its agents, employees, invitees or guests arising from their use of the Easement Area. Grantee's indemnification obligation under this paragraph shall terminate one (1) year after the expiration or earlier termination of the Easement. IN WITNESS WHEREOF, Grantor has executed this Grant of Temporary Construction Easement as of this It* day of J � , 2010. GRANTOR: PACIFIC CASTLE BAY PLAZA, LLC, A DELAWARE LIMITED LIABILITY COMPANY BY: PIM PACIFIC CASTLE VENTURE LLC A DELAWARE MITED LIABILITY COMPANY SOLE MANAGING MEMBER By: By: ,4R,A�A pz Type name/title GRANTEE: C Y'OF NATIONA CITY By: �S4( Chris Zapata,`Cify Manager Pri Type name/title CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by Temporary Construction Easement dated �u(, t r( 20 (0 , to the City of National City, is hereby accepted by order of the City Council of the City of National City per Resolution No. 2°01-66 , dated Af161-7 200i , and the Grantee consents to the recordation thereof by its duly authorized officer. Date: 71 Z5 2010 Michael R. Dalla City Clerk, City of National City STATE OF CALIFORNIA ) ) ss. COUNTY OF 0 CA,n ) On U l L, J2 [ 0 , before me, I �� - , Notary Public, per nally as peared ' Q L .Y Q in -et / , who proved to me on the basis of satisfactory evidence to be the personJ$\whose name is e subscribed to the within instrument, and acknowledged to me that he/Ltexecuted the same in his/Ir/ it authorized capacity(and that by his/her/their signaturen the instrument the person or the entity upon behalf of which the person acted, executed the instrument. 91.00 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (1 Z �,1-C--Y`cjComrniIOfl#1891447z [SEAL] N Notary Public - California .1- "f1 Orange County Mr Comm. Extras Mal 30 _2014 [ STATE OF CALIFORNIA ) ) ss. COUNTY OF ) On , before me, , Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature [SEAL] EXHIBIT "A" TEMPORARY CONSTRUCTION EASEMENT APN 557-322-14 THAT PORTION OF PARCEL 1 OF PARCEL MAP NO. 13874, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 23, 1985, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS DISK STAMPED CP7 ACCORDING TO RECORD OF SURVEY MAP NO. 17515 FILED IN THE OFFICE OF THE COUNTY RECORDER ON AUGUST 30, 2002 WHICH BEARS SOUTH 79°01'58" WEST 770.20 FEET FROM A BRASS DISK STAMPED CP6 ACCORDING TO SAID RECORD OF SURVEY MAP; THENCE SOUTH 86°56'25" EAST 221.84 FEET TO A POINT ON THE NORTHERLY LINE OF SAID PARCEL 1, SAID POINT ALSO BEING ON THE SOUTHERLY LINE OF PLAZA BOULEVARD AND THE BEGINNING OF A NON -TANGENT 1083.17-FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 00°19'46" EAST, SAID POINT BEING THE TRUE POINT OF BEGINNING; 1. THENCE LEAVING SAID NORTHERLY LINE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 7°49'42" A DISTANCE OF 147.99 FEET; 2. THENCE NORTH 82°30'04" EAST 14.55 FEET TO A POINT ON SAID NORTHERLY LINE BEING SAID SOUTHERLY LINE OF PLAZA BOULEVARD; 3. THENCE ALONG SAID NORTHERLY LINE NORTH 84°40'06" EAST 10.15 FEET TO THE NORTHEAST CORNER OF SAID PARCEL 1; 4. THENCE LEAVING SAID SOUTHERLY LINE ALONG THE SOUTHEASTERLY LINE OF SAID PARCEL 1 SOUTH 72°04'47" WEST 51.46 FEET TO THE BEGINNING OF A NON -TANGENT 1093.16-FOOT RADIUS CURVE CONCAVE NORTHERLY; 5. THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 10°18'29" A DISTANCE OF 196.67 FEET; 6. THENCE NORTH 17°20'06" WEST 2.32 FEET; 7. THENCE SOUTH 70°59'40" WEST 5.46 FEET TO THE BEGINNING OF A NON - TANGENT 1093.16-FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 4°28'32" WEST; 8. THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 0°46'56" A DISTANCE OF 14.92 FEET; 9. THENCE NORTH 19'39'21" WEST 2.26 FEET; 10. THENCE SOUTH 72°48'56" WEST 5.33 FEET TO THE BEGINNING OF A NON - TANGENT 1093.16-FOOT CURVE CONCAVE NORTHERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 5°33'56" WEST; 11. THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 1°12'31" A DISTANCE OF 23.06 FEET; 12. THENCE NORTH 64°22'12" WEST 22.77 FEET 13. THENCE SOUTH 73°31'31" WEST 51.34 FEET; 14. THENCE NORTH 79°14'13" WEST 36.38 FEET; 91 01 Page 1 of 2 15. THENCE NORTH 10°45'47" EAST 10.17 FEET TO THE BEGINNING OF A 91 02 TANGENT 9.50-FOOT RADIUS CURVE CONCAVE WESTERLY; 16. THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 31°17'38" A DISTANCE OF 5.19 FEET; 17. THENCE NORTH 78°46'27" WEST 47.66 FEET TO THE BEGINNING OF A TANGENT 15.00-FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; 18. THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 89°59'24" A DISTANCE OF 23.56 FEET; 19. THENCE SOUTH 11°14'09" WEST 4.97 FEET; 20. THENCE NORTH 78°45'51" WEST 14.73 FEET TO THE WESTERLY LINE OF SAID PARCEL 1; 21. THENCE ALONG SAID WESTERLY LINE NORTH 11°12'53" EAST 6.66 FEET TO THE BEGINNING OF A TANGENT 29.50-FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; 22. THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 47°44'56" A DISTANCE OF 24.58 FEET TO A POINT ON SAID NORTHERLY LINE OF PARCEL 1, SAID POINT ALSO BEING ON SAID SOUTHERLY LINE OF PLAZA BOULEVARD; 23. THENCE ALONG SAID NORTHERLY LINE SOUTH 78°47'07" EAST 84.96 FEET TO THE BEGINNING OF A TANGENT 1039.64-FOOT RADIUS CURVE CONCAVE NORTHERLY; 24. THENCE CONTINUING ALONG SAID NORTHERLY LINE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 11°32'42" A DISTANCE OF 209.49 FEET TO THE TRUE POINT OF BEGINNING. AREA = 0.117 ACRES, MORE OR LESS. MfCKEY B. A EXP. 3-31-10 E RCE 27648 Page 2 of 2 �. PAP, 0 PAR, 3 PM EXHIBIT "B" PM 13874 PAR, 7 PAR, 6 13874 PAP, 4 ACCESS AND U11UTY -' EASEMENT REC. 4/5/85 AS FILE NO. 85-117680 O.R. PM 13874 PAR, 2 LEGEND T.P.0.8. P.O.B. A 8-‘ 9103 CP7 ao IN 8,, e� CP6b —T.P.O.B. FEE AND TCE NOTE: SEE SHEET 2 FOR TABULATED UNE AND CURVE DATA. SEE DETAIL "A" SHEET 2 PERMANENT ACQUISITION AREA = 0.003 ACRES TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA = 0.117 ACRES TRUE POINT OF BEGINNING POINT OF BEGINNING CONTROL POINT PER ROS 17515 ROS SHEET 1 OF 2 SHEETS REVISED BY: DATE: DRAWN BY: KA DATE: 5-21-08 NATIONAL CITY 1"=80' CHECKED BY: MA DATE: 5-27-08 APPROVED BY: DATE: PERMANENT ACQUISITION AND TEMPORARY CONSTRUCTION EASEMENT APN 557-322-14 PACIFIC CASTLE BAY PLAZA, LLC DOC. NO. DWG. NO. ip S -T.P.0.8. \. FEE AND TCE PM 13874 PAR, 1 557-322-14 ROS 772 LEGEND T.P.O.B. P.O.B. A DETAIL "A" 9104 NOT TO SCALE PERMANENT ACQUISITION AREA = 0.003 ACRES TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA = 0.117 ACRES TRUE POINT OF' BEGINNING POINT OF BEGINNING CONTROL POINT PER ROS 17515 TABULA1ED CURVE DATA CURVE DELTA RADIUS LENGTH C1 5'00'05" 1039.64' 90.75' C2 749'42" 1083.17' 147.99' C3 1018'29" 1093.16' 196.67' C4 0'46'56" 1093.16' 14.92' C5 112'31" 1093.16' 23.06' C6 3117'38" 9.50' 5.19' C7 89'59'24" 15.00' 23.56' C8 4744'56" 29.50' 24.58' C9 1112'42" 1039.64' 209.49' "b. TABULA1ED UNE DATA UNE BEARING LENGTH L1 S 82'30'04" W 14.55' L2 S 7311'31" W 51.34' L3 N 7914'13" W 36.38' L4 N 10'45'47" E 10.17' L5 N 7846'27" W 47.66' L6 S 1114'09" W 4.97' L7 N 78'45'51" W 14.73' LB N 1112'53" E 6.66' L9 S 78'47'07" E 84.96' cP h' 1&lpi) /•�Y� �i� cI/ 'V,O eA 1 S oA�a�2 tY� j DETAIL "8" NOT TO SCALE SHEET 2 OF 2 SHEETS REVISED BY: DATE: DRAWN BY: KA DATE: 5-21-08 NATIONAL CITY NOT TO SCALE CHECKED BY: MA DATE: 5-27-08 APPROVED BY: DATE: PERMANENT ACQUISITION AND TEMPORARY CONSTRUCTION EASEMENT APN 557-322-14 PACIFIC CASTLE BAY PLAZA, LLC DOC. NO. DWG. NO. RECORDED, AITHE REQUEST Of CHICAGO TITLE CO RECORDING REQUESTED BY and AFTER RECORDING MAIL TO: City of National City 1243 National City Blvd National City, CA 91950-4301 3609 731 coCJ S1'/ D O C if 2010-0852045 IIIII 11111111111111111111111111111111111111111011 NOV 29, 2010 8:00 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE DAVID L. BUTLER, COUNTY RECORDER FEES: 0.00 OC: NA PAGES 6 1 IIl1II IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IlUl IIIII IIII 1111 NO FEES DUE — FOR BENEFIT OF PUBLIC AGENCY APN: 557-322-09 (Space above this line for County Recorders Use Only) No documentary tax due R & T 11922 (amended) STREET EASEMENT For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, NATIONAL PLAZA LLC, A CALIFORNIA LIMITED LIABILITY COMPANY ("Grantor") hereby grants and conveys to CITY OF NATIONAL CITY, ("Grantee"), a permanent and exclusive easement ("Easement") for street purposes over, under and upon the land located in the County of San Diego, State of California, more particularly described in Exhibit "A" and depicted in Exhibit "B" attached hereto and made a part hereof. Said Easement includes the right of ingress and egress for purposes of constructing a public street and appurtenances, together with the right to construct, operate, maintain, repair and replace said street and appurtenances. All references herein to Grantor and Grantee shall refer to and be binding upon their respective personal representatives, successors and assigns, specifically including any successor -in -interest to Grantor in ownership of fee title to the Easement Land and the Servient Tenement. IN WITNESS W day of h REOF, Grantor has executed this Grant of Easement as of this G- 2010. GRANTOR: NATIONAL PLAZA LLC, A CALIFORNIA LIMITED LIABILITY COMPANY By: I '2 J ,tA, lrs )'1A4' C , tit L .�'_ , / ( e name By: Type name/title CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by Street Easement dated APRiL 22i 20/0 , to the City of National City, is hereby accepted by order of the City Council of the City of National City per Resolution No. 200g -`6 , dated Al / 7 20d� and the Grantee consents to the recordation thereof by its duly authorized officer. Date: MA t' 25, , 2010 Michael R. Dall City Clerk City of National City 3610 State of C i, A., 1 'Y1 , t� ) ) ss. County of Sa.,a 1 a Cl s ) On Aj'n I auly before me, • r_ 7 u i3a notary public in and for state, personally appeared L �� IY1 Qkock v , wh proved to me on the basis of satisfactory evidencei to be the person(s) wl�,psg name(s is re subscribed to the within instrument and acknowledged to me that she/they executed the same in i►'her/their authorized capacity(ies), and that by j/her/their signature(s) on the instru ent the person(s), or the entity upon behalf of which the person(s) acted, execute the instrument. certify under PENALTY OF PERJURY under the laws of the State of CG IC/1'1I C`l that the foregoing paragraph is true and correct. WITNESS my hand and official sal. (seal) Notary Public signatcrr My Commission expires: 2i pot 0 3611 EXHIBIT "A" PERMANENT ACQUISITION APN 557-322-09 3612 THAT PORTION OF PARCEL 5 OF PARCEL MAP 12079, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING A DIVISION OF PORTIONS OF 40.00 ACRE LOTS 1 AND 2 AND 20.00 ACRE LOTS 2 AND 3 OF QUARTER SECTION 132 OF THE RANCHO DE LA NACION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 166, MADE BY MORRILL, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 11, 1869, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS DISK STAMPED CP8 ACCORDING TO RECORD OF SURVEY MAP NO. 17515 FILED IN THE OFFICE OF THE COUNTY RECORDER ON AUGUST 30, 2002 WHICH BEARS NORTH 68°00'04" WEST 793.37 FEET FROM A BRASS DISK STAMPED CP7 ACCORDING TO SAID RECORD OF SURVEY MAP; THENCE SOUTH 49°12'50" EAST 295.84 FEET TO A POINT IN THE NORTHERLY LINE OF SAID PARCEL 5, SAID POINT ALSO BEING ON THE SOUTHERLY LINE OF PLAZA BOULEVARD, AND THE BEGINNING OF A NON -TANGENT 15.00-FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 3°01'51" EAST, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; 1. THENCE LEAVING SAID NORTHERLY LINE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 14°15'24" A DISTANCE OF 3.73 FEET; 2. THENCE NORTH 78°46'27" WEST 46.27 FEET TO A POINT ON THE WESTERLY LINE OF SAID PARCEL 5; 3. THENCE ALONG SAID WESTERLY LINE NORTH 11°12'53" EAST 0.44 FEET TO THE NORTHWEST CORNER OF SAID PARCEL 5; 4. THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL 5 SOUTH 78°47'07" EAST 49.32 FEET TO THE BEGINNING OF A TANGENT 15.31- FOOT RADIUS CURVE CONCAVE NORTHERLY; 5. THENCE CONTINUING ALONG SAID NORTHERLY LINE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 2°24'07" A DISTANCE OF 0.64 FEET TO THE TRUE POINT OF BEGINNING. AREA = 22 SQUARE FEET, MORE OR LESS. MI : AG RCE 648 EXP. 3-31-12 PLAZA BLVD. LEGEND T.P.O.B. P.O.B. REVISED BY: DRAWN BY: KA CHECKED BY: MA APPROVED BY: 3613 E X I-II B I T » B !' NOTE: SEE SHEET DATA2 . FOR TABULATED CURVE PAFi, SEE DETAIL "A SHEET 2 12079 DRAINAGE EASEMENT REC. 3/20/84 AS AS DOC. NO. 84-100818 O.R. PAR, 6 pm 557-322-09 NOTE: A BLANKET EASEMENT FOR DRAINAGE PER PM 12079 COVERS ENTIRE PROPERTY. P.jr. LJ7 3 �- 1/4 SEIG, �-�- \ 132 • cn MAP 186 PERMANENT ACQUISITION AREA = 22 SQUARE FEET WLY TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA = 0.053 ACRES E'LY TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA = 0.021 ACRES TRUE POINT OF BEGINNING POINT OF BEGINNING CONTROL POINT PER ROS 17515 DATE: DATE:10-20-09 DATE: 10-20-09 DATE: NATIONAL CITY SEE AIL "8" SHEET 2 CP7 P.O.B. E'LY TCE 8. PAR, 1 PM 13874 PM 13874 AR, 2 PERMANENT ACQUISITION AND TEMPORARY CONSTRUCTION EASEMENT APN 557-322-09 NATIONAL PLAZA LLC SHEET 1 OF 2 SHEETS DWG. NO. PLAZA eL VD . rr4/2p. `T-7,Or E fray-4Fto 78 .46,2 7 .......... N 117y 46727 Nkf s • \ass �49. i 'Air• e �1 \ 49.32' -. $, / 53 ' '"'.� 12070 78* '27' TABULATED CARVE DATA CURVE DELTA RADIUS LENGTH C1 1415'24" 15.00' 3.73' C2 2'24'07" 15.31' 0.64' C3 42'35'53" 15.31' 11.38' C4 45'00'00" 12.00' 9.42' C5 4811'23" 5.00' 4.21' C6 4811'23" 25.00' 21.03' C7 47'44'56" 29.50' 24.58' LEGEND T.P.O.B. P.O.B. A 46.27' PAR 5 557-322-09 DETAIL "A" NOT TO SCALE PERMANENT ACQUISITION AREA = 22 SQUARE FEET WLY TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA = 0.053 ACRES E'LY TEMPORARY C0NS1RUCT10N EASEMENT (TCE) AREA = 0.021 ACRES TRUE POINT OF BEGINNING POINT OF BEGINNING CONTROL POINT PER ROS 17515 AS ��3 2 / ASENT 84'100818 O,R. 361.4 T.P.O.B. PERM. ACQ. S 78'4707* AND INIY TCE 7"C4 3'01'51" E 15.00' R. \y� S 78'47'07" \ 39.19' ``r6 i PM 3874 PAR 1 tC N 8'g W PAR �� 7 N 7 29.52'� -� 84551. PM 2071:j w PAR 6 T.P.O.B. 557-322-09 E'LY TCE DETAIL "B" NOT TO SCALE S 1112'53. 6.66' w \�-- 85.04' -�Ir- 88'S7'09' W SHEET 2 OF 2 SHEETS REVISED BY: DATE: DRAWN BY: KA DATE:10-20-09 NATIONAL CITY NO SCALE CHECKED BY: MA DATE:10-20-09 APPROVED BY: DATE: PERMANENT ACQUISITION AND TEMPORARY CONSTRUCTION EASEMENT APN 557-322-09 NATIONAL PLAZA LLC DOC. NO. DWG. NO. RECORDED A7 THE REQUEST OF f -fiC'AGO TITLE CO 'RECORDING REQUESTED BY and AFTER RECORDING MAIL TO: City of National City 1243 National City Boulevard National City, CA, 91950 3601 -7 3'1 t o00 351 ti D O C # 2010-0652044 IIIII IIII IIIII IIIII IIIII IIIII IIIII II 11 IIIII IIIII III 1 IIIH1 II IIII NOV 29, 2010 8:00 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE DAVID L. BUTLER, COUNTY RECORDER FEES: 0.00 OC: NA PAGES: 8 1111111 IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII11111 IIIII IIIII IIIII IIIII IIII IIII NO FEES DUE - FOR BENEFIT OF PUBLIC AGENCY APN: 557-322-09 No documentary tax due R & T 11922 (amended) (Space above this line for County Recorders Use Only) TEMPORARY CONSTRUCTION EASEMENT For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, NATIONAL PLAZA LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, ("Grantor"), hereby grants and conveys to CITY OF NATIONAL CITY, ("Grantee"), a temporary construction easement ("Easement") and the right to use and occupy the surface and subsurface of said easement for a period of twelve (12) months, commencing upon the start of construction activities with Grantee providing a minimum of 30 days written notice to Grantor. Said Easement is located in the County of San Diego, State of California, more particularly described in Exhibit "A" and depicted in Exhibit "B" attached hereto and made a part hereof. Said Easement and right shall be all acts necessary for the purpose of constructing street improvements and related appurtenant structures associated with the Plaza Boulevard Widening Project. Such acts shall include, without limitation, constructing and installing street improvements, driveway transitions, restriping parking lots, drainage structures, utilities, retaining walls, slopes, and landscaping. Grantor further grants the right of unobstructed ingress and egress to the Easement, including the right to pass and re -pass over and along the Easement and to deposit tools, implements and other materials on the Easement and to utilize construction, automotive and other equipment thereon when necessary for the purpose of exercising its rights hereunder, Access to the business on Grantor's property shall remain open at all times. Any signs on the property will be protected in place during construction, and any pavement damaged or removed during construction will be replaced by the contractor. Irrigation systems within the Easement shall be modified in a manner that allows continued watering of areas outside of the Easement and shall be restored to normal operation when work is completed. Upon completion of any work, improvements or landscaping that have been removed or damaged shall be replaced and repaired to substantially the same condition that existed prior to such work. Prior to beginning work, CITY's contractor shall provide Grantor with evidence of liability insurance, naming Grantor as an additional insured with coverage in a minimum amount of one million dollars ($1,000,000), protecting Grantor from any loss caused by the activities on the Property by CITY. 360.2 CITY shall at all times, defend, indemnify, and hold harmless Grantor against, and pay in full, all loss, damage, or expense, including attorney's fees, that Grantor may sustain, incur, or become liable for, resulting in any manner from CITY's actions hereunder including any such loss, damage, or expense arising out of (a) loss of or damage to property and (b) injury to or death of persons, excepting any loss, damage, or expense and claims for loss, damage, or expense resulting from the sole negligence or willful act of the Grantor, its contractors, officers, agents, or employees. CITY's indemnification obligations under this paragraph shall terminate one (1) year after expiration or earlier termination of this Easement. The rights and obligations contained herein shall inure to the benefit of and be binding upon the successors -in -interest, agents, employees, assigns, and transferees of the parties hereto. The Grantor, for the Grantor and Grantor's successors and assigns hereby waives any claim for any and all damages to the Grantor's remaining property contiguous to the Easement by reason of the location, construction, installation or landscaping of said Plaza Boulevard Widening Project on or adjacent to the Easement. IN WITNESS WHEREOF, .)Grantor, has executed this Grant of Temporary Construction Easement as of this day of t. �it�j , 2010. GRANTOR.] NATLONAL PLAZA LLC, ft CALIFORNIA LIMITED LIABILITY COMPANY By: i/ A .C.'' By: i, c L C / K Ii:S,Vi (5Ic,L// J. Type na a/file 'i L.Type name/title CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by Temporary Construction Easement dated / pA 422 20/0 , to the City of National City, is hereby accepted by order of the City Council of the City of National City per Resolution No.204, -44 , dated tip .17 2007and the Grantee consents to the recordation thereof by its duly authorized officer. Date: MAY 2S , 2009 Mi ael R. Dalla City Clerk City of National City at. 3603 State of C, %<< r i cj ) ) ss. County of .5ev C C1 ) On (-)-1't Gbefore me, !KL a notary public in and for state, personally appeared so i Os I< u u ' , who proved to me on the basis of satisfactory evidence to IA the person(s) whose name(s)alare subscribed to the within instrument and acknowledged to me thatMhe/they executed the same in ,the authorized capacity(ies), and that bher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, execute the instrument. I certify under PENALTY OF PERJURY under the laws of the State of (� that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Notary Public sign-att-we My Commission expires: l 3i I ac'l U (seal) Co �H'. ii5�i 3604 EXHIBIT "A" WESTERLY TEMPORARY CONSTRUCTION EASEMENT APN 557-322-09 THAT PORTION OF PARCEL 5 OF PARCEL MAP 12079, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING A DIVISION OF PORTIONS OF 40.00 ACRE LOTS 1 AND 2 AND 20.00 ACRE LOTS 2 AND 3 OF QUARTER SECTION 132 OF THE RANCHO DE LA NACION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 166, MADE BY MORRILL, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 11, 1869, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS DISK STAMPED CP8 ACCORDING TO RECORD OF SURVEY MAP NO. 17515 FILED IN THE OFFICE OF THE COUNTY RECORDER ON AUGUST 30, 2002 WHICH BEARS NORTH 68°00'04" WEST 793.37 FEET FROM A BRASS DISK STAMPED CP7 ACCORDING TO SAID RECORD OF SURVEY MAP; THENCE SOUTH 49°12'50" EAST 295.84 FEET TO A POINT ON THE NORTHERLY LINE OF SAID PARCEL 5, SAID POINT ALSO BEING ON THE SOUTHERLY LINE OF PLAZA BOULEVARD, AND THE BEGINNING OF A NON -TANGENT 15.31-FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 8°48'46" WEST, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; 1. THENCE EASTERLY ALONG SAID NORTHERLY LINE AND ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 42°35'53" A DISTANCE OF 11.38 FEET TO THE BEGINNING OF A TANGENT 12.00-FOOT RADIUS REVERSE CURVE; 2. THENCE CONTINUING ALONG SAID NORTHERLY LINE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 45°00'00" A DISTANCE OF 9.42 FEET; 3. THENCE SOUTH 78°47'07" EAST 190.69 FEET TO THE NORTHERLY CORNER OF SAID PARCEL 5 THAT IS COMMON TO SAID PARCEL 5 AND PARCEL 6 OF SAID PARCEL MAP 12079; 4. THENCE ALONG A LINE COMMON TO SAID PARCELS 5 AND 6 SOUTH 11°12'53" WEST 8.49 FEET; 5. THENCE LEAVING SAID COMMON LINE NORTH 78°46'27" WEST 190.69 FEET TO THE BEGINNING OF A TANGENT 5.00-FOOT RADIUS CURVE CONCAVE SOUTHERLY; 6. THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 48°11'23" A DISTANCE OF 4.21 FEET TO THE BEGINNING OF A TANGENT 25.00-FOOT RADIUS REVERSE CURVE; 7. THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 48°11'23" A DISTANCE OF 21.03 FEET; 8. THENCE NORTH 78°46'27" WEST 46.27 FEET TO A POINT ON THE WESTERLY LINE OF SAID PARCEL 5; 9. THENCE ALONG SAID WESTERLY LINE NORTH 11°12'53" EAST 10.00 FEET; Page 1 of 2 3605 10. THENCE LEAVING SAID WESTERLY LINE SOUTH 78°46'27" EAST 46.27 FEET TO THE BEGINNING OF A TANGENT 15.00-FOOT RADIUS CURVE CONCAVE NORTHERLY; 11. THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 14°15'24" A DISTANCE OF 3.73 FEET TO THE TRUE POINT OF BEGINNING. AREA = 0.053 ACRES, MORE OR LESS. MICKEY B. AG U ' 'Ti= RCE 27648 EXP. 3-31-12 Page 2of2 3606 EXHIBIT "A" EASTERLY TEMPORARY CONSTRUCTION EASEMENT APN 557-322-09 THAT PORTION OF PARCEL 5 OF PARCEL MAP 12079, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING A DIVISION OF PORTIONS OF 40.00 ACRE LOTS 1 AND 2 AND 20.00 ACRE LOTS 2 AND 3 OF QUARTER SECTION 132 OF THE RANCHO DE LA NACION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 166, MADE BY MORRILL, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 11, 1869, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS DISK STAMPED CP7 ACCORDING TO RECORD OF SURVEY MAP NO. 17515 FILED IN THE OFFICE OF THE COUNTY RECORDER ON AUGUST 30, 2002 WHICH BEARS SOUTH 68°00'04" EAST 793.37 FEET FROM A BRASS DISK STAMPED CP8 ACCORDING TO SAID RECORD OF SURVEY MAP; THENCE SOUTH 85°57'09" WEST 85.04 FEET TO A POINT ON THE EASTERLY LINE OF SAID PARCEL 5 AND THE TRUE POINT OF BEGINNING; 1. THENCE LEAVING SAID EASTERLY LINE NORTH 78°45'51" WEST 29.52 FEET TO A POINT ON THE COMMON LINE BETWEEN PARCELS 5 AND 7 OF SAID PARCEL MAP 12079; 2. THENCE ALONG SAID COMMON LINE NORTH 11°12'53" EAST 28.48 FEET TO THE MOST NORTHERLY COMMON CORNER TO SAID PARCELS 5 AND 7, SAID POINT BEING ON THE SOUTHERLY LINE OF PLAZA BOULEVARD; 3. THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL 5 SOUTH 78°47'07" EAST 39.19 FEET TO THE NORTHEAST CORNER OF SAID PARCEL 5 AND THE BEGINNING OF A NON -TANGENT 29.50-FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 31°02'11" WEST; 4. THENCE SOUTHWESTERLY ALONG THE EASTERLY LINE OF SAID PARCEL 5 AND ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 47°44'56" A DISTANCE OF 24.58 FEET; 5. THENCE CONTINUING ALONG SAID EASTERLY LINE SOUTH 11°12'53" WEST 6.66 FEET TO THE TRUE POINT OF BEGINNING. AREA = 0.021 ACRES, MORE OR LESS. QE,,pFESSj0N Qi9 �� 8. A004(F2 w No.27648 MI K Y B. Ac I E RCE 27648 EXP. 3-31-12 \T�CN1��P FOFCM 0 9 3607 PAR, 3 PM LEGEND MINN T.P.O.B. P.O.B. A REVISED BY: DRAWN BY: KA CHECKED BY: MA APPROVED BY: PAR 8 SEE DETAIL "A" SHEET 2 12079 PAR 4 AINAGE EASEMENT REC. 3/20/84 AS AS DOC. NO. 84-100818 O.R. PAR, 8 Pm 557-322-09 NOTE: A BLANKET EASEMENT FOR DRAINAGE PER PM 12079 COVERS ENURE PROPERTY. POR 1- LOT 3 114 SAC, ` 132 n MAP 168 PERMANENT ACQUISITION AREA = 22 SQUARE FEET WLY TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA = 0.053 ACRES E'LY TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA = 0.021 ACRES TRUE POINT OF BEGINNING POINT OF BEGINNING CONTROL POINT PER ROS 17515 DATE: DATE: 10-20-09 DATE:10-20-09 DATE: NOTE SEE SHEET 2 FOR TABULATED CURVE DATA. PAR, 3 NATIONAL CITY SEE DETAIL "8' SHEET 2 CP7 a' P.0.B. o, E'LY TCE 8 PAR, 1 13874 PM 13874 AR., 2 PERMANENT ACQUISITION AND TEMPORARY CONSTRUCTION EASEMENT APN 557-322-09 NATIONAL PLAZA LLC SHEET 1 OF 2 SHEETS 1"=150' DOC. NO. DWG. NO. 36U8 ter, , � PLAZA BLVD. \ �` y�• , t14 �� "+ 47�............................. 4T07" E 8sr� F 0 I �'� �N 78�27 W `►...�� 49.32' \\ �� i 10, +.►► \ rn N11y2$3. ►� l \// 4/ //— ''•i2O79N 7846'27*46.27' TABULA1ED CURVE DMA CURVE DELTA RADIUS LENGTH C1 1415'24" 15.00' 3.73' C2 274107" 15.31' 0.64' C3 4215'53" 15.31' 11.38' C4 45'00'00' 12.00' 9.42' C5 4811'23" 5.00' 4.21' C6 48'11'23" 25.00' 21.03' C7 47'44'56" 29.50' 24.58' LEGEND T.P.O.B. P.O.B. PAP. 5 557-322-09 DETAIL "A" NOT TO SCALE PERMANENT ACQUISITION AREA = 22 SQUARE FEET WLY TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA = 0.053 ACRES E'LY TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA = 0.021 ACRES TRUE POINT 0F BEGINNING POINT OF BEGINNING CONTROL POINT PER ROS 17515 REC. SAGE EASEIMENT AS A, AS 84`O. 100818 0.R. PAP., 7 PM N 2.079js1" w PAP, 6 557-322-09 T.P.O.B. PERM. ACQ. S 78'4r07■ E AND TCE i C4r19Q8gc1r- 3'01'51' E R) //15/ .00' R. 9R69' 78 46'27' W * \ cs. \".% 1 78'47'07* E\ 19' \� 7 PM 13874 PAP, 1 S 1112'53. w 6.66' \R-.- 85.04' —M- 88'57'09' W T.P.O.B. E'LY TCE DETAIL "B" NOT TO SCALE SHEET 2 OF 2 SHEETS REVISED BY: DATE DRAWN BY: KA DATE 10-20-09 NATIONAL CITY NO SCALE CHECKED BY: MA DATE: 10-20-09 APPROVED BY: DATE: PERMANENT ACQUISITION AND TEMPORARY CONSTRUCTION EASEMENT APN 557-322-09 NATIONAL PLAZA LLC DOC. NO. DWG. N0. r RECORDED AT THE REQUEST OF CHICAGC TITLE CO RECORDING MAIL TO: City of National City 1243 National City Boulevard National City, CA, 91950 73-1 / b /02-670, and AFTER 5749 oac # 2010-0547544 IIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIII OCT 08, 2010 8:00 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDERS OFFICE DAVID L. BUTLER, COUNTY RECORDER FEES: 0.00 OC: NA PAGES: 9 I IIIIII IIIII111111111111111111111111111111111111111111111111IIIII IIIII 1111111111111 NO FEES DUE - FOR BENEFIT OF PUBLIC AGENCY (Space above this line for County Recorders Use Only) APN: 557-250-12 No documentary tax due R & T 11922 (amended) GRANT OF TEMPORARY CONSTRUCTION EASEMENT COVENANTS Based upon the covenants herein, and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by both parties, Grantor and Grantee hereby agree as follows: 1.Grant of Easement. NATCIT HOLDINGS INC., A CALIFORNIA CORPORATION, ("Grantor"), hereby grants and conveys to CITY OF NATIONAL CITY, ("Grantee"), a temporary construction easement in gross ("Easement") on, under, and across the land located in the County of San Diego, State of California, more particularly described in Exhibit "A" and depicted in Exhibit "B" attached hereto and made a part hereof (the "Temporary Construction Area") and the right to use and occupy the surface and subsurface of said Temporary Construction Area for a period of twelve (12) consecutive months ("Easement Period"), commencing the date escrow is closed with Grantee providing a minimum of 30 days written notice to Grantor. This Easement (inclusive of the Easement Period) shall terminate no later than seven years from the date escrow is closed, after which City shall have no further rights to use or occupy the Temporary Construction Area whatsoever. Said Easement and right shall be acts reasonably necessary solely for the purpose of constructing street improvements and related appurtenant structures associated with the Plaza Boulevard Widening Project. Such acts shall include, without limitation, constructing and installing street improvements, driveway transitions, restriping parking lots, drainage structures, utilities, retaining walls (not to exceed 3 feet in height), slopes, and landscaping. Subject to and in accordance with the terms, conditions, and provisions of this Grant of Temporary Construction Easement, Grantor further grants the right of unobstructed ingress and egress to the Easement, including the right to pass and re -pass over and along the Easement and to deposit tools, implements and other materials on the Easement and to utilize construction, automotive and other equipment thereon when necessary for the purpose of exercising its rights hereunder. 5750 Upon completion of any work, for the purposes and uses herein granted, Grantee shall restore, at Grantee's expense, the surface of the Easement to substantially the same condition as prior to such work. 2. Grantee Limitations. In exercising its rights under and pursuant to this Grant of Temporary Construction Easement, Grantee shall not unreasonably interfere with Grantor and Grantor's tenants use, occupation, or enjoyment of the Larger Parcel of which the Temporary Construction Area is a portion (the "Larger Parcel") more particularly described in Exhibit C attached hereto and made a part hereof. Notwithstanding anything to the contrary herein, the Easement granted herein shall in no way encroach upon the existing structure on the Larger Parcel, nor shall City have any rights or interest whatsoever to any area covered by said structure, notwithstanding the Easement granted herein. Grantor shall have the right and opportunity to remove landscaping within the Temporary Construction Area, which shall become the personal property of Grantor, prior to the commencement of construction activities, and Grantee agrees not to issue a citation or complaint against Grantor for non-compliance with City landscape requirements. Grantee, Grantee's contractors, agents or permitees shall not in any way or form block or inhibit access to the Larger Parcel from the Plaza Blvd. entrance/driveway for more than two (2) days. Grantee, Grantee's contractors, agents or permitees shall perform all work, construction and activities in a timely fashion and as one continuous undertaking with minimal interruptions in the work schedule, to avoid leaving unfinished portions of the work and areas within the Temporary Construction Area and Larger Parcel in disrepair. All concrete being removed shall be completely replaced with complete concrete slabs or pours, and no patching of concrete shall be done whatsoever. Grantee shall temporarily re -stripe parking spaces within Construction Area and Larger Parcel to extend existing parking spaces impacted by the Easement. All work to be done shall be performed in a professional workman like manner. Notwithstanding anything to the contrary herein, no more than two (2) parking spaces shall be inaccessible concurrently at any time during the Easement Period as a result of any Grantee or Grantee's agents work, construction, or activities. When any area or parking spaces encompassed in the Temporary Construction Area are not in use by Grantee pursuant to the grant herein, Grantor or Grantor's tenants shall be permitted to utilize such space. 3. Indemnity. Grantee and its successors and assigns shall indemnify, defend, protect and hold harmless Grantor, Grantor's owners, shareholders, lessees, employees, officers, agents and permitees and their respective successor and assigns (individually and collectively, "Indemnitees") from and against, any and all losses, liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses of whatever nature, including reasonable attorneys' fees and disbursements (collectively "Claims"), which Indemnitees may suffer, incur, or sustain or to which Indemnitees may become subject by reason of, arising out of, or related to the Easement, Grantee's activities on, under, or across the Temporary Construction Area or the Grantee's use, construction, maintenance, operation, and repair of the Temporary Construction Area, and the breach of any of Grantee's covenants and obligations hereunder, except to the extent such loss or damage is caused by the sole negligence or willful misconduct of Grantor or its employees, officers, agents or permittees. If any action or proceeding is brought against Indemnitees by reason of any of the matters against which Grantee has agreed to indemnify Indemnitees as provided herein, Grantee, upon notice from Grantor, shall defend Indemnitees at Grantee's expense by counsel 5751 acceptable to Grantor, such acceptance not to be unreasonably withheld. lndemnitees need not have first paid for any of the matters to which Indemnitees are entitled to indemnification in order to be so indemnified. The insurance required to be maintained by Grantee under Section 5 shall ensure Grantee's obligations under this Section, but the limits of such insurance shall not limit the liability of Grantee hereunder. The provisions of this section shall expire two (2) years after the expiration or earlier termination of this Easement, provided, however, that any Claims which are filed or in the process of being adjudicated prior to two (2) years after the expiration or earlier termination of this Easement shall remain the obligation of City notwithstanding anything to the contrary herein. 4. Insurance. Prior to the commencement of any activities on the Larger Parcel (including the Easement Area), City shall ensure that CITY's contractors carry adequate insurance and that Grantor is provided with evidence of liability insurance, naming Grantor as an additional insured with coverage in a minimum amount of two million dollars ($2,000,000), protecting Grantor from any losses, damages, or claims arising out of the activities on the Larger Parcel (including the Easement Area) by CITY or City's contractors. 5. Mechanic's Liens. Grantee shall keep the Larger Parcel (including the Temporary Construction Area) free from any mechanics or other liens arising out of any work performed, materials furnished or obligations incurred by Grantee. 6. Successors and Assigns. This Grant of Easement shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of Grantor and Grantee. IN WITNESS WHEREOF, Grantor has executed this Grant of Temporary Construction Easement as of thisv3+Hday of Vets fry ST 2010. GRANTOR: NATCIT HOLDINGS INC., A CALIFORNIA CORPORATION By: By: `c w 1' S. VZ.w ‘Nn1 '(�4.�ctt v,x!.. Type name/title Type name/title 5752 State of California County of San Diego On Mgt/WY I3 i I U , b`e ore me, U Z f f (a(� n , Notary Public, personally appeared 1 i1eiri (C,C , who proved to me on the basis of satisfactory evidence to be the person(,O'whose names(iq/ar0 subscribed to the within instrument and acknowledged to me thatc9st/U(ey executed the same in their authorized capacity(is4), and that by is efThsif signature(b') on the instrument the persons, or the entity upon behalf of which the person(Wacted, 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. Signature LIZ MARTIN Commission # 1775961 Notary Public - California San Diego County MyCanrrLExplesOct25,2011 OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Further description of Any Attached Document Title or Type of Document: hrant Of TP.rnporari COrlst i4 hoo frase. YIGnt Document Date 2% I3 • I O Number of"�ages: Signers Other Than Named Above Right thumbprint of signer #1 (top) (top) Right thumbprint of signer #2 5753 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by Street Easement dated Alvs4 /3, 20/o , to the City of National City, is hereby accepted by order of the City Council of the City of National City per Resolution No. 2001 'CC , dated Ap .d7 2001 and the Grantee consents to the recordation thereof by its duly authorized officer. Date: A og a 2) , 2010 Michael R. Da City Clerk City of National City 5754 EXHIBIT "A" TEMPORARY CONSTRUCTION EASEMENT APN 557-250-12 THAT PORTION OF THE SOUTHERLY HALF OF THE SOUTHEASTERLY QUARTER OF 40 ACRE LOT 1 IN QUARTER SECTION 132 OF THE RANCHO DE LA NACION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEROF NO. 166, MADE BY MORRILL, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 11, 1869, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS DISK STAMPED CP5 ACCORDING TO RECORD OF SURVEY MAP NO. 17515 FILED IN THE OFFICE OF THE COUNTY RECORDER ON AUGUST 30, 2002 WHICH BEARS SOUTH 81°30'16" EAST 851.83 FEET FROM A BRASS DISK STAMPED CP7 ACCORDING TO SAID RECORD OF SURVEY MAP; THENCE NORTH 32°47'22" WEST 289.43 FEET TO THE BEGINNING OF A NON - TANGENT 28.75-FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 27°03'35" EAST, SAID POINT ALSO BEING ON THE SOUTHERLY LINE OF LAND PER DEED RECORDED AUGUST 11, 2000 AS DOCUMENT NO. 2000-0428162 OF OFFICIAL RECORDS, SAID POINT ALSO BEING ON THE NORTHERLY LINE OF PLAZA BOULEVARD AND THE TRUE POINT OF BEGINNING; 1. THENCE LEAVING SAID SOUTHERLY LINE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 31°45'38" A DISTANCE OF 15.94 FEET TO THE BEGINNING OF A TANGENT 544.50- FOOT RADIUS REVERSE CURVE; 2. THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 12°11'57" A DISTANCE OF 115.93 FEET; 3. THENCE SOUTH 82°30'06" WEST 4.06 FEET TO THE WESTERLY LINE OF LAND PER SAID DEED; 4. THENCE ALONG SAID WESTERLY LINE NORTH 17°48'57" WEST (NORTH 18°48'37" WEST PER SAID DEED) 23.57 FEET; 5. THENCE LEAVING SAID WESTERLY LINE NORTH 76°16'51" EAST 73.82 FEET; 6. THENCE SOUTH 13°43'09" EAST 25.51 FEET TO THE BEGINNING OF A NON -TANGENT 554.50-FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 00°28'04" WEST; 7. THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 4°40'05" A DISTANCE OF 45.18 FEET TO THE BEGINNING OF A TANGENT 20.00-FOOT RADIUS REVERSE CURVE; 8. THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 110°22'23" A DISTANCE OF 38.53 FEET; 9. THENCE NORTH 16°10'22" WEST 7.97 FEET; 10. THENCE NORTH 73°49'38" EAST 7.75 FEET TO THE EASTERLY LINE OF LAND PER SAID DEED, SAID LINE ALSO BEING THE WESTERLY LINE OF PALM AVENUE; Page 1 of 2 5755 11. THENCE ALONG SAID EASTERLY LINE SOUTH 17°47'20" EAST 10.63 FEET TO THE BEGINNING OF A TANGENT 30.00-FOOT RADIUS CURVE CONCAVE WESTERLY; 12. THENCE CONTINUING ALONG SAID EASTERLY LINE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 68°49'59" A DISTANCE OF 36.04 FEET TO THE TRUE POINT OF BEGINNING. AREA = 0.072 ACRES, MORE OR LESS. ipue S-ZZ-O? MICKEY B. AgSUIf�tRE RCE 27648 EXP. 3-31-10 Page 2 of 2 5756 PM 3114 PAR, D ,.I'4g5 394 I// 2675'� CP7 d- _ S 84'41'359' W LEGEND EXHIBIT "B" TABULATED CURVE DATA CURVE DELTA RADIUS LENGTH C1 42'49'47'. 30.00' 2243' C2 910'47. 540.00 86.52' C3 1211'57' 544.50' 115.93' C4 31'45'38' 28.75' 15.94' C5 4740'05' 554.50' 45.18' C6 11022'23' 20.00' 38.53' C7 68'49'59' 30.00' 36.04' FOR, SE 1/4 LOT 1 114 SEC, 132 RHO. DE. LA NACJON MAP 166 REc- 557-250-12 ,eit I'////,I T.P.O.B. P.O.B. A PERMANENT ACQUISITION AREA = 0.012 ACRES TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA = 0.072 ACRES TRUE POINT OF BEGINNING POINT OF BEGINNING CONTROL POINT PER ROS 17515 C2 PLAZA BLVD. S 81 •,s. f -- '4 172 - s r /? �. .11 T.P.O.B. Tea `e��T., "�� PERM. ACQ. t'\ \.p?�,s .p AND TCE �� 4. 851.83' — -- —'ts?'J \+ P.O.B. CP5 REVISED BY DATE: DRAWN BY: KA DATE 4-30-08 NA11ONAL aTY 1w a 30' CHECKED BY: MA DATE: 5-22-08 APPROVED BY: DATE: PERMANENT ACQUISITION AND TEMPORARY CONSTRUCTION EASEMENT APN 557-250-12 NATCIT HOLDINGS, INC. DOC. NO. DWG. NO. 5757 Exhibit "C" (larger parcel description) THAT PORTION OF THE SOUTHERLY HALF OF THE SOUTHEASTERLY QUARTER OF 40 ACRE LOT 1 IN QUARTER SECTION 132 OF THE RANCHO DE LA NACION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 166, MADE BY MORRILL, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 11, 1869, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE WESTERLY LINE OF THE EASTERLY 180 FEET OF THE SOUTHERLY HALF OF THE SOUTHEASTERLY QUARTER OF SAID 40 ACRE LOT 1, WITH THE SOUTHERLY LINE OF THE NORTHERLY 147 FEET OF SAID SOUTHERLY HALF; THENCE ALONG SAID SOUTHERLY LINE NORTH 70°59'53" EAST 150 FEET TO THE WESTERLY LINE OF THAT PARCEL OF LAND CONVEYED TO THE CITY OF NATIONAL CITY BY DEED RECORDED MAY 19, 1958, AS DOCUMENT NO. 80036 IN BOOK 7086, PAGE 100 OF OFFICIAL RECORDS; THENCE ALONG THE WESTERLY AND NORTHERLY LINE OF SAID CITY LAND AS FOLLOWS: SOUTH 18°48'37" EAST 136.57 FEET MORE OR LESS, TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 30 FEET: SOUTHWESTERLY ALONG SAID CURVE 58.01 FEET THROUGH AN ANGLE OF 111 °47'37" TO THE BEGINNING OF A COMPOUND CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 540 FEET; WESTERLY ALONG SAID CURVE 86.24 FEET THROUGH AN ANGLE OF 9°09'; AND TANGENT TO SAID CURVE SOUTH 83°50' WEST TO A LINE WHICH BEARS SOUTH 18°48'37" EAST FROM THE POINT OF BEGINNING; THENCE NORTH 18°48'37" WEST TO THE POINT OF BEGINNING. A.P.N. 557-250-12 • : 3t:CORUc,� .T THE REQUEST Or • AFTER RECORDING MAIL TO: City of National City 1243 National City Blvd National City, CA 91950-4301 5740 737 lc/02 SCv D 0 C # 2010-0541543 1111111111111111111111111111111111011111111311111111111 OCT 08, 2010 8:00 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE DAVID L. BUTLER, COUNTY RECORDER FEES: 0.00 OC: NA PAGES 8 1111111111111111111111111111111111111111111111111111111111111111111111111111111111111 NO FEES DUE - FOR BENEFIT OF PUBLIC AGENCY APN: 557-250-12 (Space above this line for County Recorders Use Only) No documentary tax due R & T 11922 (amended) GRANT OF STREET EASEMENT COVENANTS Based upon the covenants herein, and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by both parties, Grantor and Grantee hereby agree as follows: 1. Grant of Easement. NATCIT HOLDINGS INC., A CALIFORNIA CORPORATION, ("Grantor"), hereby grants and conveys to CITY OF NATIONAL CITY, ("Grantee"), a perpetual easement ("Easement") for public street purposes over, under and upon the land located in the County of San Diego, State of California, more particularly described in Exhibit "A" and depicted in Exhibit "B" attached hereto and made a part hereof (the "Street Easement Areas"), which comprises a portion of a larger parcel more particularly described in Exhibit C , subject to any and all covenants, conditions, restrictions, reservations, easements, rights, rights -of -way and encumbrances of record or apparent or which Grantee has actual notice in, on, across, upon or under the Street Easement Areas. Said Easement includes the right of ingress and egress for purposes of constructing a public street and appurtenances, together with the right to construct, operate, maintain, repair and replace said street and appurtenances. 2. Entire Agreement; Modification. This Grant of Street Easement contains the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed. Any modification of this Grant of Street Easement must be in writing and executed by the appropriate authorities of both Grantee and Grantor. 3. Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Grant of Street Easement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Grant of Street Easement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 5741 4. Authority. The persons executing this Grant of Easement on behalf of the parties hereto warrant that they are duly authorized to execute this Grant of Easement on behalf of said parties and that by so executing this Grant of Easement the parties hereto are formally bound to the provisions of this Grant of Easement. 5. Governing Law. This Grant of Street Easement is to be governed by the laws of the State of California. 6. Succesor and Assigns. All references herein to Grantor and Grantee shall refer to and be binding upon their respective personal representatives, successors and assigns, specifically including any successor -in -interest to Grantor in ownership of fee title to the Street Easement Areas and the servient tenement. IN WITNESS WHEREOF, Grantor and Grantee has executed this Grant of Street Easement as of thisNyv, day of VAv (r v $ -t- , 2010. GRANTOR: NATCIT HOLDINGS INC., A CALIFORNIA CORPORATION By: vwv By: a v.v.)1,, %-LCtie f*ET144,T Type name/title Type name/title State of California County of San Diego On kit + 1 mil, ZO i 0 - , before me, Lit ma r•t"11l , Notary Public, per onally appeared IW 1 r1 t Cif G/Iefr , who proved to me on the basis of satisfactory evidence to be the personkslwhose name igatfesubscribed to the within instrument and acknowledged to me that tO2 she/they executed the same in their authorized capacity(ieS'), and that by islhgllthgrh signaturecel on the instrument the person(a), or the entity upon behalf of whic the person(v)" 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. Signature LII MARTIN Commission # 1775961 Notary Public - California l�nn� San Diego County = My Comm. Fetes Oct 25, 2011 OPTIONAL 5742 Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Further description of Any Attached Document Title or Type of Document: ei ror- Of r?€t EaSunerr Document Date 8• 13 •I 0 Number of Pages: Z Signers Other Than Named Above Right thumbprint of signer #1 (top) Right thumbprint of signer #2 (top) CERTIFICATE OF ACCEPTANCE 5743 This is to certify that the interest in real property conveyed by Street Easement dated 4o3 uT+ 131010 , to the City of National City, is hereby accepted by order of the City � Council of the City of National City per Resolution No. 2009-66 , dated Aps h 2009, and the Grantee consents to the recordation thereof by its duly authorized officer. Date: Aug u+i 23 , 2010 ,, //Lk Mic ael R. alla City Clerk City of National City 5744 EXHIBIT "A" PERMANENT ACQUISITION APN 557-250-12 THAT PORTION OF THE SOUTHERLY HALF OF THE SOUTHEASTERLY QUARTER OF 40 ACRE LOT 1 IN QUARTER SECTION 132 OF THE RANCHO DE LA NACION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEROF NO. 166, MADE BY MORRILL, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 11, 1869, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS DISK STAMPED CP5 ACCORDING TO RECORD OF SURVEY MAP NO. 17515 FILED IN THE OFFICE OF THE COUNTY RECORDER ON AUGUST 30, 2002 WHICH BEARS SOUTH 81°30'16" EAST 851.83 FEET FROM A BRASS DISK STAMPED CP7 ACCORDING TO SAID RECORD OF SURVEY MAP; THENCE NORTH 32°47'22" WEST 289.43 FEET TO THE BEGINNING OF A NON - TANGENT 30.00-FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 38°57'21" EAST, SAID POINT ALSO BEING ON THE SOUTHERLY LINE OF LAND PER DEED RECORDED AUGUST 11, 2000 AS DOCUMENT NO. 2000-0428162 OF OFFICIAL RECORDS, SAID POINT ALSO BEING ON THE NORTHERLY LINE OF PLAZA BOULEVARD AND THE TRUE POINT OF BEGINNING; 1. THENCE ALONG SAID SOUTHERLY LINE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 42°49'47" A DISTANCE OF 22.43 FEET TO THE BEGINNING OF A TANGENT 540.00- FOOT RADIUS REVERSE CURVE; 2. THENCE CONTINUING ALONG SAID SOUTHERLY LINE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 9°10'47" A DISTANCE OF 86.52 FEET; 3. THENCE CONTINUING ALONG SAID SOUTHERLY LINE SOUTH 84°41'39" WEST (SOUTH 83°50' WEST PER DEED) 26.75 FEET TO THE SOUTHWEST CORNER OF LAND PER SAID DEED; 4. THENCE ALONG THE WESTERLY LINE OF SAID LAND PER DEED NORTH 17°48'57" WEST 3.94 FEET; 5. THENCE LEAVING SAID WESTERLY LINE NORTH 82°30'06" EAST 4.06 FEET TO THE BEGINNING OF A TANGENT 544.50-FOOT RADIUS CURVE CONCAVE SOUTHERLY; 6. THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 12°11'57" A DISTANCE OF 115.93 FEET TO THE BEGINNING OF A TANGENT 28.75-FOOT RADIUS REVERSE CURVE; 7. THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 31°45'38" A DISTANCE OF 15.94 FEET TO THE TRUE POINT OF BEGINNING. Page 1 of 2 AREA = 0.012 ACRES, MORE OR LESS. // i- zz -0 ? MICKEY B. AG IR' RCE 27648 EXP. 3-31-10 5 745 Page 2 of 2 574 (0 • EXHIBIT "B" TABULATED CURVE DATA CURVE DELTA RADIUS LENGTH C1 42'49'47" 30.00' 22.43' C2 910'47" 540.00' 86.52' C3 1211'57" 544.50' 115.93' C4 31'45'38" 28.75' 15.94' C5 4'40'05" 554.50' 45.18' C6 110'22'23" 20.00' 38.53' C7 68'49'59" 30.00' 36.04' POD . 3'rt. 1/4 LOT 1 1/4 3rL', 132 PM 3114 PAR, D N 17'43S51g94 CP7 At- -_ LEGEND - s ; w - PLAZA BLVD. St 3016 E '4- T.P.O.B. P.0.8. A I/ S 84'41' 39" W PERMANENT ACQUISITION AREA = 0.012 ACRES TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA = 0.072 ACRES TRUE POINT OF BEGINNING POINT OF BEGINNING CONTROL POINT PER ROS 17515 1,1 73.49"58 �6h0 22- 9 ---- rti '0 -32 N 00'28'04" W (R) Vco C5 -y\1 C4 C2 0 rs \\ yti �i. T.P.O.B. ��\`1� p\`� PERM. ACQ. � % AND TCE c?s( \ '` P.D.B. CP5 REVISED BY: DATE: DRAWN BY: KA DATE: 4-30-08 NATIONAL CITY 1"=30' CHECKED BY: MA DATE: 5-22-08 APPROVED BY: DATE: PERMANENT ACQUISITION AND TEMPORARY CONSTRUCTION EASEMENT APN 557-250-12 NATCIT HOLDINGS, INC. DOC. NO. DWG. NO. 5741 Exhibit "C" (larger parcel description) THAT PORTION OF THE SOUTHERLY HALF OF THE SOUTHEASTERLY QUARTER OF 40 ACRE LOT 1 IN QUARTER SECTION 132 OF THE RANCHO DE LA NACION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TC MAP THEREOF NO. 166, MADE BY MORRILL, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 11, 1869, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE WESTERLY LINE OF THE EASTERLY 180 FEET OF THE SOUTHERLY HALF OF THE SOUTHEASTERLY QUARTER OF SAID 40 ACRE LOT 1, WITH THE SOUTHERLY LINE OF THE NORTHERLY 147 FEET OF SAID SOUTHERLY HALF; THENCE ALONG SAID SOUTHERLY LINE NORTH 70°59'53" EAST 150 FEET TO THE WESTERLY LINE OF THAT PARCEL OF LAND CONVEYED TO THE CITY OF NATIONAL CITY BY DEED RECORDED MAY 19, 1958, AS DOCUMENT NO. 80036 IN BOOK 7086, PAGE 100 OF OFFICIAL RECORDS; THENCE ALONG THE WESTERLY AND NORTHERLY LINE OF SAID CITY LAND AS FOLLOWS: SOUTH 18°48'37" EAST 136.57 FEET MORE OR LESS, TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 30 FEET: SOUTHWESTERLY ALONG SAID CURVE 58.01 FEET THROUGH AN ANGLE OF 111°47'37" TO THE BEGINNING OF A COMPOUND CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 540 FEET; WESTERLY ALONG SAID CURVE 86.24 FEET THROUGH AN ANGLE OF 9°09'; AND TANGENT TO SAID CURVE SOUTH 83°50' WEST TO A LINE WHICH BEARS SOUTH 18°48'37" EAST FROM THE POINT OF BEGINNING; THENCE NORTH 18°48'37" WEST TO THE POINT OF BEGINNING. A.P.N.557-250-12 ftECOROEO AT THE REQUEST OF CHICAGO TITLE CO. RECORDING REQUESTED BY and AFTER RECORDING MAIL TO: City of National City 1243 National City Boulevard National City, CA, 91950 •?3-7ta�a�{J"�Tk J DOC it 2010-0444913 11111111111111111111111111111131111131111111111111111111 AUG 26, 2010 8:00 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE DAVID L. BUTLER, COUNTY RECORDER FEES: 0.00 OC: NA PAGES: 8315 7 1111111111111111111111111111111111111111111111111111111111111111111111111111111111111 NO FEES DUE - FOR BENEFIT OF PUBLIC AGENCY (Space above this line for County.Recorders Use Only) APN: 557-380-51 No documentary tax due R & T 11922 (amended) TEMPORARY CONSTRUCTION EASEMENT For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, BDI - IV, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY ("Grantor"), hereby grants and conveys to CITY OF NATIONAL CITY, ("Grantee"), a temporary construction easement ("Easement") and the right to use and occupy the surface and subsurface of said easement for a period of twelve (12) months, commencing upon the start of construction activities with Grantee providing a minimum of 30 days written notice to Grantor. Said Easement is located in the County of San Diego, State of California, more particularly described in Exhibit "A" and depicted in Exhibit "B" attached hereto and made a part hereof. Said Easement and right shall be all acts necessary for the purpose of constructing street improvements and related appurtenant structures associated with the Plaza Boulevard Widening Project. Such acts shall include, without limitation, constructing and installing street improvements, driveway transitions, restriping parking lots, drainage structures, utilities, retaining walls, slopes, and landscaping. Grantor further grants the right of unobstructed ingress and egress to the Easement, including the right to pass and re -pass over and along the Easement and to deposit tools, implements and other materials on the Easement and to utilize construction, automotive and other equipment thereon when necessary for the purpose of exercising its rights hereunder. Upon completion of any work, for the purposes and uses herein granted, Grantee shall restore, at Grantee's expense, the surface of the Easement to a compacted, neat, clean condition, but not necessarily the same condition as prior to such work. The rights and obligations contained herein shall inure to the benefit of and be binding upon the successors -in -interest, agents, employees, assigns, and transferees of the parties hereto. The Grantee and its employees, agents and contractors are prohibited from using, storing or discharging any hazardous materials in the easement area; and the Grantee shall indemnify the Grantor for any liability resulting from any hazardous materials used, stored or released on, over or under the property by the Grantee or any of its employees, agents or contractors. IN WITNESS WHEREOF, Grantor has executed this Grant of Temporary Construction Easemmrtt'aS of this'.3RMday of a-Q, , 2010. Dated: Dated: GRANTOR: BDI - IV, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY c By: iA-L-! R. r3 6�le G e v4 Print na It's: /44 SPY) `jL . ACKNOWLEDGMENT PAGE TO BE ATTACHED TO THE FOLLOWING DOCUMENT: Temporary Construction Easement State of vim+ County of Santo 8317 On 7- Z3- (0 before me M 4C.>`7,✓ tf-& M ' Bevta2cr - a notary public in and for said state, personally appeared %Ro N et- a R.. B "i 136-gr_76 .. aura. Ph; L La,.ci. wu,.vL. who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) jglare subscribed to the within instrument and acknowledged to me that he4419e/they executed the same in biel+fief/their authorized capacity(ies), and that by 4icI1 of/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 foregoing paragraph is true and correct. WITNESS my hand and official seal. AdAdle / "t/��t%�titir!� 1(Seal) Signature 10rfrPu.B l 76-6tryjt,"441-40-X--', MICHEU.E M. SENDER Commission • 1714425 Nolo* Public • CaINo.n o - - - - - - Son --Diego Cowls R�rQollrll/p11 24_ 2_2011_. t that the Notary -Seller Printed: 07.01.10 @ 11:55AM SSCORPDO284.doc / Updated: 11.06.09 Page 1 of 1 CA-CT-FW DO-5824-73710004535 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by Street Easement dated i . IN 23 20i0 , to the City of National City, is hereby accepted by order of the City Council of the City of National City per Resolution No. Zoo - 66 , datedAtAi` 7 2coy, and the Grantee consents to the recordation thereof by its duly authorized officer. Date: Al a4 11 , 2010 Michel R. Dalla City Clerk City of National City .g 8313 EXHIBIT "A" TEMPORARY CONSTRUCTION EASEMENT APN 557-380-51 THAT PORTION OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE EAST HALF OF 80 ACRE LOT 2 IN QUARTER SECTION 129 OF RANCHO DE LA NACION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 166 MADE BY MORRILL AND FILED IN THE OFFICE OF THE RECORDER OF SAID SAN DIEGO COUNTY, MAY 11, 1869, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS DISK STAMPED CP3 ACCORDING TO RECORD OF SURVEY MAP NO. 17515 FILED IN THE OFFICE OF THE COUNTY RECORDER ON AUGUST 30, 2002 WHICH BEARS SOUTH 40°36'29" WEST 628.29 FEET FROM A BRASS DISK STAMPED CP2 ACCORDING TO SAID RECORD OF SURVEY MAP; THENCE NORTH 2°48'58" EAST 150.37 TO A POINT ON THE NORTHEASTERLY LINE OF PARCEL 28 PER DEED RECORDED DECEMBER 29, 1971 AS FILE NO. 303841 OF OFFICIAL RECORDS, SAID POINT ALSO BEING ON THE NORTHWESTERLY LINE OF PLAZA BOULEVARD AND THE TRUE POINT OF BEGINNING; 1. THENCE ALONG SAID NORTHEASTERLY LINE SOUTH 54°41'24" WEST 2.72 FEET TO AN ANGLE POINT IN SAID NORTHEASTERLY LINE; 2. THENCE CONTINUING ALONG SAID NORTHEASTERLY LINE NORTH 82°04'29" WEST 28.28 FEET TO A POINT ON THE EASTERLY LINE OF GROVE STREET; 3. THENCE CONTINUING ALONG SAID NORTHEASTERLY LINE NORTH 37°04'29" WEST 7.47 FEET; 4. THENCE LEAVING SAID NORTHEASTERLY LINE NORTH 52°55'31" EAST 5.00 FEET TO THE BEGINNING OF A NON -TANGENT 15.00-FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 52°55'31" WEST; 5. THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90°14'44" A DISTANCE OF 23.63 FEET; 6. THENCE NORTH 52°40'47" EAST 27.60 FEET; 7. THENCE SOUTH 37°19'13" EAST 5.00 FEET; 8. THENCE NORTH 52°40'47" EAST 33.55 FEET TO A POINT ON THE WESTERLY LINE OF PARCEL 1 PER DEED RECORDED JULY 1, 2005 AS DOCUMENT NO. 2005-0558846 OF OFFICIAL RECORDS; 9. THENCE ALONG SAID WESTERLY LINE SOUTH 17°40'11" EAST 10.09 FEET TO THE MOST EASTERLY CORNER OF SAID PARCEL 2B, SAID POINT ALSO BEING ON SAID NORTHWESTERLY LINE OF PLAZA BOULEVARD; 10. THENCE ALONG SAID NORTHEASTERLY LINE OF PARCEL 2B SOUTH 54°41'24" WEST 40.19 FEET; 11. THENCE LEAVING SAID NORTHEASTERLY LINE NORTH 37°19'13" WEST 3.09 FEET; 12. THENCE SOUTH 52°40'47" WEST 15.00 FEET; 8319 Page 1 of 2 13. THENCE SOUTH 37°19'13" EAST 2.57 FEET TO THE TRUE POINT OF BEGINNING. AREA = 776 SQ. FT., MORE OR LESS. MI KEY B. AGIUIRi�E RCE 648 EXP. 3-31-10 30-09 8320 Page 2of2 TABULATE CURVE DATA CURVE DELTA RADIUS LENGTH Cl 10'45'40" 170.00' 31.93' C2 10'45'40" 165.00' 30.99' C3 9014'44" 15.00' 23.63' i EXHIBIT "B" i21‘' SS. See° pER Sat c_ . 121506(\ 0 R. 0 0\vtNO. AS C I-0Rl . 4 `cr : DNS,'. i 56 s'' T POP. OFTHE.. N 1/2 S.("/Or THE. NW 1/4 OF THE: r 1/2 OF LOT 2 IN \ 1N 1/4 SE.C. 129 ``''HO, ID LA NACJON MAP 165 s 1/43:D. 557-380-51 28.28'L\��!w N 82 04'29" W // EXP. 31 ' R 10 CIVIL -"'"4-- 28.28' —.-- N 8204'29" w,�j� /,o�PERM PERM. Z DETAIL I NOT TO SCALE 8321 WLY LINE OF PAR. 1 PER DEED REC. 7/1/05 AS DOC. NO. 2005-0558846 O.R. MOST E'LY COR. PARCEL 2B PER DEED REC. 12/29/71 AS FILE NO. 303841 O.R. 1Q'C "CP2 / `\LV� .,c a 4 /fP'' c\V V - . �k;�� / S`' Pti /4 I, 3 to I� / SEE DETAIL Q /c, Z/ P.0.6.g CP3 LEGEND T.P.O.B. P.O.B. A Q`' PERMANENT ACQUISITION AREA = 0.001 ACRES TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA = 0.029 ACRES TRUE POINT OF BEGINNING POINT OF BEGINNING CONTROL POINT PER ROS 17515 REVISED BY: DATE: DRAWN BY: KA DATE: 5-20-08 NATIONAL CITY 1" = 40' CHECKED BY: MA DATE: 5-20-08 APPROVED BY: DATE: PERMANENT ACQUISITION AND TEMPORARY CONSTRUCTION EASEMENT APN 557-380-51 BDI-IV, LLC DOC. NO. DWG. NO. RECORDEL . THE REQUEST Of- CHICAGC :""LF CC' RECORDING REQUESTED BY and AFTER RECORDING MAIL TO: City of National City 1243 National City Blvd National City, CA 91950-4301 -20110CD IA536- RAI, to fr 1111111111111111111111111131111111111111111311111111 D 0 C # 2010-0444914 AUG 28, 2010 8:0.0 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE DAVID L BUTLER, COUNTY RECORDER FEES: 0.00 OC: NA 8322 PAGES: 5 111111111111111111111111111111111111111111111111111111111111111110111111111111111111 NO FEES DUE - FOR BENEFIT OF PUBLIC AGENCY (Space above this line for County Recorders Use Only) APN: 557-380-51 No documentary tax due R & T 11922 (amended) STREET EASEMENT For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, BDI - IV, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY ("Grantor"), hereby grants and conveys to CITY OF NATIONAL CITY, ("Grantee"), a permanent and exclusive easement ("Easement") for street purposes over, under and upon the land located in the County of San Diego, State of California, more particularly described in Exhibit "A" and depicted in Exhibit "B" attached hereto and made a part hereof. Said Easement includes the right of ingress and egress for purposes of constructing a public street and appurtenances, together with the right to construct, operate, maintain, repair and replace said street and appurtenances. All references herein to Grantor and Grantee shall refer to and be binding upon their respective personal representatives, successors and assigns, specifically including any successor -in -interest to Grantor in ownership of fee title to the Easement Land and the Servient Tenement. IN WITNESS WHEREOF, Grantor has executed this Grant of Easement as of this 23"day of 0-01y , 2010. Dated: 7-7-3- 11) Dated: 7—Z� 10 GRANTOR: BDI - IV, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY BY By: Pri name: g0 N At_ R . 15 It's: 11,-e4m b-ett- By: �/ Print name: 4'ii Z4d/794/1 It's: /1.4�tj,2 �� a State of , ACKNOWLEDGMENT PAGE TO BE ATTACHED TO THE FOLLOWING DOCUMENT: Street Easement Ca-t5cmcit; County of -7 5zz4 . b� On -2-3- 10 before me, /' (c4 Pi ' EiziA- 'r a notary public in and 8323 for said state, personally appeared R 0 N A'Lb R . QAlvt a4uct ph 1 L- Lad kvtaA,c� who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)%are subscribed to the within instrument and acknowledged to me that 44e4s, a/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of foregoing paragraph is true and correct. WITNESS my hand and official seal. j1 (Seal) Signature )Seal) t/V / /✓� -/34/ -A.�Crvice a-' C44-I r fv r cat. that the MICHELLE M. /ENDEZ L r commission • 71642; * x• / itan�c • Caluanb Clap Coon* g Notary -Seller Printed: 07.01.10 @ 11:55AM SSCORPD0284.doc / Updated: 11.06.09 Page 1 of 1 CA-CT-FWDO-5824-73710004535 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by Street Easement dated J till 23 2oio , to the City of National City, is hereby accepted by order of the City Council of the City of National City per Resolution No. 2oo9 —66 , dated Alud 7200,, and the Grantee consents to the recordation thereof by its duly authorized officer. Date: AIll 0:4 l, 2010 6 )4 Mi ael R. Da la City Clerk City of National City 8324 EXHIBIT "A" PERMANENT ACQUISITION APN 557-380-51 THAT PORTION OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE EAST HALF OF 80 ACRE LOT 2 IN QUARTER SECTION 129 OF RANCHO DE LA NACION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 166 MADE BY MORRILL AND FILED IN THE OFFICE OF THE RECORDER OF SAID SAN DIEGO COUNTY, MAY 11, 1869, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS DISK STAMPED CP3 ACCORDING TO RECORD OF SURVEY MAP NO. 17515 FILED IN THE OFFICE OF THE COUNTY RECORDER ON AUGUST 30, 2002 WHICH BEARS SOUTH 40°36'29" WEST 628.29 FEET FROM A BRASS DISK STAMPED CP2 ACCORDING TO SAID RECORD OF SURVEY MAP; THENCE NORTH 2°48'58" EAST 150.37 TO A POINT ON THE NORTHEASTERLY LINE OF PARCEL 2B PER DEED RECORDED DECEMBER 29, 1971 AS FILE NO. 303841 OF OFFICIAL RECORDS, SAID POINT ALSO BEING ON THE NORTHWESTERLY LINE OF PLAZA BOULEVARD AND THE TRUE POINT OF BEGINNING; 1. THENCE LEAVING SAID NORTHEASTERLY NORTH 37°19'13" WEST 2.57 FEET; 2. THENCE NORTH 52°40'47" EAST 15.00 FEET; 3. THENCE SOUTH 37°19'13" EAST 3.09 FEET TO A POINT ON SAID NORTHEASTERLY LINE, SAID POINT ALSO BEING ON SAID NORTHWESTERLY LINE OF PLAZA BOULEVARD; 4. THENCE ALONG SAID NORTHEASTERLY LINE OF PARCEL 2B SOUTH 54°41'24" WEST 15.01 FEET TO THE TRUE POINT OF BEGINNING. AREA = 0.001 ACRES, MORE OR LESS. MICKEY B. EXP. 3-31-1 RE RCE 27648 8325 'TABULATED CURVE DATA CURVE DELTA RADIUS LENGTH C1 9014'44" 15.00' 23.63' EXHIBIT "B" 1zm sr. Nj Pk S�OPs. EPC` M2� 1 0R. 0�� N0.30 POFL OF THE' N 1/2 OF THE NW 1/4 O \ THr r 1/2 OF LOT 2 JN JN 1/4 S r C, 12 RHO, DE LA NA CI ONy \ MAP 166 s sue. 4b 9< y `�°4�,4J',' \ ? N 82ti4'29'2yy� 1,r;pp N /� ! ��SEE DETAIL I �[) 8326 WLY LINE OF PAR. 1 PER DEED REC. 7/1/05 AS DOC. NO. 2005-0558846 O.R. MOST E'LY COR. / PARCEL 2B PER DEED REC. 12/29/71 AS FILE NO. 303841 O.R. 7 CCP2 / O /GJ Z/ P.O.B. CP3 LEGEND T.P.O.B. P.O.B. A PERMANENT ACQUISITION AREA = 42 SQ. FT. TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA = 776 SQ. FT. TRUE POINT OF BEGINNING POINT OF BEGINNING CONTROL POINT PER ROS 17515 REVISED BY: DATE: DRAWN BY: KA DATE: 3-30-09 NATIONAL CITY 1" = CHECKED BY: MA DATE: 3-30-09 APPROVED BY: DATE: PERMANENT ACQUISITION AND TEMPORARY CONSTRUCTION EASEMENT APN 557-380-51 BDI-IV, LLC DOC. NO. DWG. NO. wvnucL. ,,v erim rstUUtSI OF CHICAG^ T'7i_t CO RECQRDING REQUESTED BY and AFTER RECORDING MAIL TO: D 0 C # 2010-0444917 City of National City 1243 National City Blvd National City, CA 91950-4301 0:41/ -i3 )1UDv3o15 t-M AUG 26, 2010 8:00 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE DAVID L. BUTLER, COUNTY RECORDER FEES: 0.00 OC: NA 8333 PAGES 6 1 IIIIII IIIII lI�JI IIIII IIIII IIUI IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII NO FEES DUE - FOR BENEFIT OF PUBLIC AGENCY (Space above this line for County Recorders Use Only) APN: 557-310-26 No documentary tax due R & T 11922 (amended) GRANT DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, TRACY NOEL MILLER, TRUSTEE OF THE AIMEE FRANKHOUSE TRUST ("Grantor"), hereby grants to the CITY OF NATIONAL CITY ("Grantee"), that certain real property (the "Property") located in the City of National City, County of San Diego, State of California, more particularly described and depicted in Exhibit A and Exhibit B attached hereto and made a part hereof, together with all right, title and interest of Grantor in and to all improvements located on the Property. Grantor hereby further grants to Grantee all of Grantor's right, title and interest in and to all easements, privileges and rights appurtenant to the Property and pertaining or held and enjoyed in connection therewith and all of Grantor's right, title and interest in and to any land lying in the bed of any street, alley, road or avenue to the centerline thereof in front of, or adjoining the Property. IN WITNESS WHEREOF, Grantor has executed this Grant Deed as of this t 'day of jAef- ‘, ,2010. GRANTOR: TRACY NOEL MILLER, TRUSTEE OF THE AIMEE FRANKHOUSE TRUST By: 27toollf,;/C(-- Print name: ; -e2A c J i 6Or' // u— It's: By: Print name: It's: CERTIFICATE OF ACCEPTANCE This isto certify that the interest in real property conveyed by Street Easement dated Ap a N6/ 13,1010 , to the City of National City, is hereby accepted by order of the City Council of the City of National City per Resolution No. 2001-66 , dated N R4`'11009 and the Grantee consents to the recordation thereof by its duly authorized officer. Date: ipfrl 22 , 2010 Michael R. Dalfa City Clerk City of National City 833A. NOTARY ACKNOWLEDGMENT State of California County of eui ) 8335 On Pp.ri l 13 Quin before me,(J4iici na rherre, Auric- 110+4.ri6 Fv.A0 li c_. , ..----, 1:1,,e1uarne a-3,1 litle,,t :Le ntfic,r) personally appeared I (cLC nnel n'1I r ,who pr oved to me on the basis of satisfactory evidence it be the person) whose name(g) is/q'e subscribed to the within instrument and acknowledged to m e that he/spy/tjy executed the same in his/hie/0it authorized capacitypes), and that by his/l'r/ttIr signature) on the instrument the person(), or the entity upon behalf of which the person(') 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. Signature1,1Q4,rk7k2.L& &z.,L.e_z___( Seal) CLAUDINE MARIE AURIA Commission 0 t849363 Notary Public - California Monterey County Mr Comm. Extra Jun12_2013 OPTIONAL The following information is not required by law, but may be helpful to other parties relying on the document and may deter fraudulent activity if removed and reattached to another document. Title (or type) of Document: (,cc AA, 4 Number of pages (not including this page): n53-f}1 `01:A,)i,:S) EXHIBIT "A" PERMANENT ACQUISITION FOR ROAD APN 557-310-26 THAT PORTION OF THE WEST HALF OF THE NORTHWEST QUARTER OF QUARTER SECTION 106, RANCHO DE LA NACION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF BY MORRILL NO. 166 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS DISK STAMPED CP1 ACCORDING TO RECORD OF SURVEY MAP NO. 17515 FILED IN THE OFFICE OF THE COUNTY RECORDER ON AUGUST 30, 2002 WHICH BEARS NORTH 56°05'31" EAST 686.13 FEET FROM A BRASS DISK STAMPED CP2 ACCORDING TO SAID RECORD OF SURVEY MAP; THENCE SOUTH 61°14'53" WEST 150.80 FEET TO THE BEGINNING OF A NON - TANGENT 25.00-FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 48°47'55" EAST, SAID POINT ALSO BEING ON THE SOUTHEASTERLY LINE OF LAND PER DEED RECORDED AUGUST 5, 1983 AS DOCUMENT NO. 83-273525 OF OFFICIAL RECORDS, SAID POINT ALSO BEING ON THE NORTHWESTERLY LINE OF PLAZA BOULEVARD AND THE TRUE POINT OF BEGINNING; 1. THENCE LEAVING SAID SOUTHEASTERLY LINE OF SAID LAND NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 31°05'49" A DISTANCE OF 13.57 FEET TO A POINT ON THE NORTHEASTERLY LINE OF SAID LAND AND THE BEGINNING OF A NON -TANGENT 12.00-FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 82°11'00" EAST; 2. THENCE SOUTHERLY ALONG THE BOUNDARY OF SAID LAND AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 60°29'47" A DISTANCE OF 12.67 FEET; 3. THENCE SOUTH 52°40'47" WEST 1.50 FEET TO THE TRUE POINT OF BEGINNING. AREA = 10 SQUARE FEET, MORE OR LESS. MI'CKEY B. A EXP. 3-31-12 8336 8 337 LEGEND r///A E 13 T.P.O.B. P.O.B. PERMANENT ACQUISITION AREA = 10 SF N'LY TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA = 81 SF S'LY TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA = 1,508 SF TRUE POINT OF BEGINNING POINT OF BEGINNING CONTROL POINT PER ROS 17515 TABULATED UNE DATA LINE BEARING LENGTH L1 S 6114'53" W 150.80' L2 S 72'29'10" W 138.62' 1-4 13 rV FiL Y aL 'N XiVJA; 278 1 EXHIBIT PEDESTRIAN ACCESS EASEMENT REC. 1/29/79 AS FILE NO. 79-043820 O.R. Or &Pa� hh 557-310-26 N\ SEE DETAIL "8" SHEET 2 1/4 35,C, 120 RHO, Dr LA NAC]DN o / MAP 166 REVISED BY: MA 2/` T.P.O.B. S'LY TCE / DATE: 3-15-10 DRAWN BY: KA DATE: 4-30-08 kJ / / / / i� CP2 44r P.O.B. S'LY TCE / NATIONAL CITY » » qG�,� B a • CP1 PERM. ACQ. & , \ N'LY TCE j i/j �//1 / /• k... T.P.O.B. N'LY TCE SEE DETAIL "A".`1 7ET 2 POP, 1/4 S.C. 106 FiJ-10. Dr LA NACIDN/ / MAP 166 ' / / /,' //o / / / / / / T.P.O.B. / PERM. ACQ. SHEET 1 OF 2 SHEETS 1"=80' CHECKED BY: MA DATE: 5-22-08 APPROVED BY: DATE: PERMANENT ACQUISITION AND TEMPORARY CONSTRUCTION EASEMENT APN 557-310-26 THE AIMEE FRANKHOUSE TRUST DOC. NO. DWG. NO. 8338 T.P.O.B. yam? N'LY TCE s9, • ��%eAi 350.35.0 " C3 -- 401 c s 75'22'41�E -- C4 Pori, It LA NAc1oN MAP 168 NOTE: SEE SHEET 1 FOR LEGEND Pon, 1/4 Sir. 106 ,;/ LA 1\JA G1 JN h� MAP 168 PEDESTRIAN ACCESS T.P.O.B. EASEMENT REC. 1/29/79 PERM. ACQ. AS FILE NO. 79-043820 O.R. Pon;, 1/ sEc, 129 -1D, D ► A NAGJON MAP 106 PEDESTRIAN ACCESS EASEMENT REC. 1/29/79 AS FILE NO. 79-043820 O.R. DETAIL "A" NOT TO SCALE TABULATED CURVE DATA CURVE DELTA RADIUS LENGTH Cl 31'05'49" 25.00' 13.57' C2 60'29'47" 12.00' 12.67' C3 46'40'52" 22.62' 18.43' C4 3218'19" 14.00' 7.89' C5 10'05'09" 96.23' 16.94' C6 53'37'47" 10.00' 9.36' C7 60'01'13" 10.00' 10.48' C8 20'55'07" 90.00' 32.86' TABULATED UNE DATA LINE BEARING LENGTH L1 S 6114'53" W 150.80' L2 S 72'29'10" W 138.62' L3 S 17'41'00" E 1.42' C' DETAIL "B" NOT TO SCALE SHEET 2 OF 2 SHEETS REVISED BY: MA DATE: 3-15-10 DRAWN BY: KA DATE: 4-30-08 NATIONAL CITY NOT TO SCALE CHECKED BY: MA DATE: 5-22-08 APPROVED BY: DATE: PERMANENT ACQUISITION AND TEMPORARY CONSTRUCTION EASEMENT APN 557-310-26 THE AIMEE FRANKHOUSE TRUST DOC. NO. DWG. NO. Ii RECORDED THE REQUEST OF CHICAGO TITLE CO. RECORDING REQUESTED BY and AFTER RECORDING MAIL TO: City of National City 1243 National City Boulevard National City, CA, 91950 '7371c)03o4 -- D O C # 2010-0444918 I11101 HNN IIII MI AUG 26, 2010 8:00 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE DAVID L. BUTLER, COUNTY RECORDER FEES: 0.00 OC: NA 8339 PAGES 10 i IIIIII IIIII IIIII IIIII IIIII IIIII 11111 IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII NO FEES DUE - FOR BENEFIT OF PUBLIC AGENCY (Space above this line for County Recorders Use Only) APN: 557-310-26 No documentary tax due R & T 11922 (amended) TEMPORARY CONSTRUCTION EASEMENT For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, TRACY NOEL MILLER, TRUSTEE OF THE AIMEE FRANKHOUSE TRUST ("Grantor"), hereby grants and conveys to CITY OF NATIONAL CITY, ("Grantee"), a temporary construction easement ("Easement") and the right to use and occupy the surface and subsurface of said easement for a period of twelve (12) months, commencing upon the start of construction activities with Grantee providing a minimum of 30 days written notice to Grantor. Said Easement is located in the County of San Diego, State of California, more particularly described in Exhibit "A" and depicted in Exhibit "B" attached hereto and made a part hereof. Said Easement and right shall be all acts necessary for the purpose of constructing street improvements and related appurtenant structures associated with the Plaza Boulevard Widening Project. Such acts shall include, without limitation, constructing and installing street improvements, driveway transitions, restriping parking lots, drainage structures, utilities, retaining walls, slopes, and landscaping. Grantor further grants the right of unobstructed ingress and egress to the Easement, including the right to pass and re -pass over and along the Easement and to deposit tools, implements and other materials on the Easement and to utilize construction, automotive and other equipment thereon when necessary for the purpose of exercising its rights hereunder. Grantee shall maintain the Easement conveyed hereunder in a neat, clean, safe and orderly condition Upon completion of any work, for the purposes and uses herein granted, Grantee shall restore, at Grantee's expense, the Easement Area to substantially the same condition as prior to such work, including but not limited to, repairing, restoring and replacing the improvements located on the Easement Area. The City will not block existing access to Grantee's property. Notwithstanding the foregoing, Grantee shall indemnify, defend and hold harmless Grantor from any and all fines, suits, claims, demands, penalties, losses and actions (including reasonable attorneys' fees) for any injury to persons or damage to or loss of property in or about the Easement Area to Grantee, its agents, employees, invitees or guests arising from their use of the Easement Area. Grantee's indemnification obligation under this paragraph shall terminate two (2) years after the expiration or earlier termination of the Easement. 8340 The rights and obligations contained herein shall inure to the benefit of and be binding upon the successors -in -interest, agents, employees, assigns, and transferees of the parties hereto. The Grantor, for the Grantor and Grantor's successors and assigns hereby waives any claim for any and all severance damages to the Grantor's remaining property contiguous to the Easement by reason of the location, construction, installation or landscaping of said Plaza Boulevard Widening Project on or adjacent to the Easement. IN WITNESS WHEREOF, Grantor has executed this Grant of Temporary Construction Easement as of this jai"' day of R1 , 2010. GRANTOR: TRACY NOEL MILLER, TRUSTEE OF THE AIMEE FRANKHOUSE TRUST By: -2/aeJ0 Print name: of haul kV ) It's: Tr Liz. r By: Print name: It's: CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by Street Easement dated Aloud !3r20/o , to the City of National City, is hereby accepted by order of the City Council of the City of National City per Resolution No. 2doR' -6G , dated Alpo and the Grantee consents to the recordation thereof by its duly authorized officer. Date: Arm./ 22 , 2010 Michael R. Dalla City Clerk City of National City 8341 NOTARY ACKNOWLEDGMENT State of California County of Muyi-re, ) On E?-, l�j dn 10 personally appeared before me, (:,1ttud2neMule. Aulic. f101G.r1. pc I; f frse; i !tarn,' and f 4le +;f 111E o ffrccn ) not V) \ l j , who pr oved to me on the basis of satisfactory evidence to be the person(y) whose name(i) is/Fte subscribed to the within instrument and acknowledged to m e that he/sp(e/tyfey executed the same in his/lfr/titir authorized capacity(s), and that by his/hgfltFleir signature(j on the instrument the person(, ), or the entity upon behalf of which the person) 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. Signature hlecite.1 ( Seal) CLAUDINE MARIE AURIA Commission • 1819363 Notary Public - California 2 Monterey County Mr Comm. Extras Jun 12 -2013 f OPTIONAL The following information is not required by law, but may be helpful to other parties relying on the document and may deter fraudulent activity if removed and reattached to another document. Title (or type) of Document: j p o c C - o,.., £moo Number of pages (not including this page): )- 43-05 3-u I 1,O2 ?(iO?, ) 8342 EXHIBIT "A" TEMPORARY CONSTRUCTION EASEMENT APN 557-310-26 THAT PORTION OF THE WEST HALF OF THE NORTHWEST QUARTER OF QUARTER SECTION 106, RANCHO DE LA NACION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF BY MORRILL NO. 166 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS DISK STAMPED CP1 ACCORDING TO RECORD OF SURVEY MAP NO. 17515 FILED IN THE OFFICE OF THE COUNTY RECORDER ON AUGUST 30, 2002 WHICH BEARS NORTH 56°05'31" EAST 686.13 FEET FROM A BRASS DISK STAMPED CP2 ACCORDING TO SAID RECORD OF SURVEY MAP; THENCE SOUTH 72°29'10" WEST 138.62 FEET TO THE SOUTHWESTERLY LINE OF EUCLID AVENUE AND THE TRUE POINT OF BEGINNING; 1. THENCE ALONG SAID SOUTHWESTERLY LINE SOUTH 17°41'00" EAST 1.42 FEET TO THE BEGINNING OF A NON -TANGENT 22.62-FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 82°44'05" EAST; 2. THENCE LEAVING SAID SOUTHWESTERLY LINE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 46°40'52" A DISTANCE OF 18.43 FEET TO THE CUSP WITH A NON -TANGENT 14.00- FOOT RADIUS CURVE CONCAVE WESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 75°22'41" EAST; 3. THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 32°18'19" A DISTANCE OF 7.89 FEET; 4. NORTH 17°41'00" WEST 8.84 FEET; 5. THENCE NORTH 72°19'00" EAST 7.79 FEET TO THE TRUE POINT OF BEGINNING. TOGETHER WITH: THOSE PORTIONS OF QUARTER SECTIONS 106 AND 129, RANCHO DE LA NACION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF BY MORRILL NO. 166, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A SAID BRASS DISK STAMPED CP2 WHICH BEARS SOUTH 56°05'31" WEST 686.13 FEET FROM SAID BRASS DISK STAMPED CP1 ACCORDING TO SAID RECORD OF SURVEY MAP; THENCE NORTH 46°19'58" EAST 104.05 FEET TO A POINT ON THE SOUTHERLY LINE OF LAND PER DEED RECORDED MAY 13, 1986 AS DOCUMENT NO. 86-189361 OF OFFICIAL RECORDS, SAID LINE ALSO BEING THE NORTHERLY LINE OF 12TH STREET, SAID POINT BEING THE TRUE POINT OF BEGINNING; Page 1 of 2 1. THENCE NORTH 4°57'58" EAST 4.37 FEET TO THE BEGINNING OF A NON - TANGENT 96.23-FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 4°27'41" EAST; 2. THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 10°05'09" A DISTANCE OF 16.94 FEET; 3. THENCE SOUTH 73°41'26" EAST 8.94 FEET TO THE BEGINNING OF A TANGENT 10.00-FOOT RADIUS CURVE CONCAVE NORTHERLY; 4. THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 53°37'47" A DISTANCE OF 9.36 FEET; 5. THENCE NORTH 52°40'47" EAST 140.79 FEET; 6. THENCE SOUTH 37°19'13" EAST 9.50 FEET TO A POINT ON THE SOUTHEASTERLY LINE OF SAID LAND PER DOCUMENT NO. 83-273525, SAID LINE ALSO BEING THE NORTHWESTERLY LINE OF PLAZA BOULEVARD; 7. THENCE ALONG SAID SOUTHEASTERLY LINE AND THE SOUTHEASTERLY LINE OF SAID LAND PER DOCUMENT NO. 86-189361 SOUTH 52°40'47" WEST 138.79 FEET TO THE BEGINNING OF A TANGENT 10.00-FOOT RADIUS CURVE CONCAVE NORTHERLY; 8. THENCE CONTINUING ALONG SAID SOUTHEASTERLY LINE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 60°01'13" A DISTANCE OF 10.48 FEET TO THE NORTHERLY LINE OF 12TH STREET AND THE BEGINNING OF A TANGENT 90.00-FOOT RADIUS REVERSE CURVE CONCAVE SOUTHWESTERLY; 9. THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 20°55'07" A DISTANCE OF 32.86 FEET TO THE TRUE POINT OF BEGINNING. AREA = 1,589 SQ. FT., MORE OR LESS MICKEYI AGUIRRE RCE 27648 EXP. 3-31-12 8343 Page 2 of 2 LEGEND T.P.O.B. P.O.B. PERMANENT ACQUISITION AREA = 10 SF N'LY TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA = 81 SF S'LY TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA = 1,508 SF TRUE POINT OF BEGINNING POINT OF BEGINNING CONTROL POINT PER ROS 17515 TABULATED UNE DATA UNE BEARING LENGTH L1 S 6114'53" W 150.80' L2 S 72'29'10" W 138.62' REVISED BY: MA DRAWN BY: KA NECKED BY: MA APPROVED BY: SHEET 2 Poi, k / 1/4 S C, 129 RI -JD, DEi LA NACION o / MAP 166 = a"( k.-.s EXHIBIT 8344 9 �O • CP1 PERM. ACQ. & A N'LY TCE\.7'21 '%// 1 / 1/4 SAC, 108 PEDESTRIAN ACCESS EASEMENT REC. 1/29/79 AS FILE NO. 79-043820 O.R. T.P.O.B. S'LY TCE DATE: 3-15-10 DATE: 4-30-08 DATE: 5-22-08 DATE: o. 27 EXP. 31MR 2 CIVIL NATIONAL CITY PERMANENT ACQUISITION AND TEMPORARY CONSTRUCTION EASEMENT APN 557-310-26 THE AIMEE FRANKHOUSE TRUST T.P.O.B. PERM. ACQ. SHEET 1 OF 2 SHEETS 1"=80' DOC. NO. DWG. NO. 4��. •e04i S 503' " 03 f.0 cA POFL'� 1/4 urG, 106 LA NAC'IJN i\i1AP Inn T.P.O.B. N'LY TCE °o:�. F / 1. NOTE: SEE SHEET 1 FOR LEGEND a•/ 9��0 ,pc%`'C� 1 / cA N 5'19.53,, " E / / � PoR 1/4 SE:c. 106 4)/ RNA. D LA NA CI ON MAP 166 ,;:c. PEDESTRIAN ACCESS T.P.O.B. EASEMENT REC. 1/29/79 PERM. ACQ. AS FILE NO. 79-043820 O.R. Po 1/4 SEC, 129 RHO D LA NACION MAP 166 PEDESTRIAN ACCESS EASEMENT REC. 1/29/79 AS FILE NO. 79-043820 O.R. DETAIL "A" NOT TO SCALE TABULATED CURVE DATA CURVE DELTA RADIUS LENGTH C1 31'05'49" 25.00' 13.57' C2 60'29'47" 12.00' 12.67' C3 46'40'52" 22.62' 18.43' C4 32'18'19" 14.00' 7.89' C5 10'05'09" 96.23' 16.94' C6 53'37'47" 10.00' 9.36' C7 60'01'13" 10.00' 10.48' C8 20'55'07" 90.00' 32.86' TABULATED UNE DATA LINE BEARING LENGTH LI S 6114'53" W 150.80' L2 S 72'29'10" W 138.62' L3 S 17'41'00" E 1.42' J 0 \ 'coo, 'j \ i�'^ cr — h riVul T.P.0.8. ono � S'LY TCE / ti �pz DETAIL "B" NOT TO SCALE SHEET 2 OF 2 SHEETS REVISED BY: MA DRAWN BY: KA DATE: 3-15-10 DATE. 4-30-08 NATIONAL CITY CHECKED BY: MA DATE: 5-22-08 APPROVED BY: DATE: PERMANENT ACQUISITION AND TEMPORARY CONSTRUCTION EASEMENT APN 557-310-26 THE AIMEE FRANKHOUSE TRUST NOT TO SCALE DOC. NO. DWG. NO. 9346 557-310-26 Acquisition.txt Parcel name: 557-310-26 PERM. ACQ. North: Curve Length: Delta: Chord: Course In: RP North: End North: Curve Length: Delta: 1828172.4460 13.57 31-05-49 13.40 N 48-47-55 w 1828188.9137 1828184.5276 12.67 60-29-47 Chord: 12.09 Course In: S 82-11-00 w RP North: 1828182.8955 End North: 1828173.3524 Line Course: 5 52-40-47 W North: 1828172.4430 Perimeter: 27.73 Area: East : 6306171.9694 Radius: 25.00 Tangent: 6.96 Course: N 25-39-10 E Course Out: S 79-53-44 E East : 6306153.1594 East : 6306177.7717 Radius: 12.00 Tangent: 7.00 Course: S 22-25-54 W Course Out: 5 37-19-13 E East : 6306165.8832 East : 6306173.1584 Length: 1.50 East : 6306171.9655 10 sq. ft. 0.000 acres Mapcheck Closure - (uses listed courses, radii, and deltas) Error Closure: 0.0049 Course: S 52-51-06 w Error North: -0.00294 East :-0.00388 Precision 1: 5,661.22 Page 1 557-310-26 Nly TCE.txt Parcel Curve name: 557-310-26 N'ly TCE North: Length: Delta: Chord: Course In: RP North: End North: Curve Length: Delta: 1828201.9150 18.43 46-40-52 17.93 5 82-44-05 w 1828199.0544 1828184.6920 7.89 32-18-19 chord: 7.79 course in: N 75-22-41 w RP North: 1828188.2262 End North: 1828192.4787 Line Course: N 17-41-00 W North: 1828200.9011 Course: N 72-19-00 E North: 1828203.2673 Course: 5 17-41-00 E North: 1828201.9144 Line Line East : Radius: Tangent: Course: course Out: East : East : Radius: Tangent: Course: Course Out: East : East . Length: 8.84 East : Length: 7.79 East : Length: 1.42 East : 6306172.4145 22.62 9.76 S 16-04-31 w S 50-35-03 E 6306149.9761 6306167.4514 14.00 4.05 N 01-31-50 W N 72-19-00 E 6306153.9048 6306167.2433 6306164.5581 6306171.9800 6306172.4113 Perimeter: 44.38 Area: 81 sq. ft. 0.002 acres Mapcheck Closure - (uses listed courses, radii, and deltas) Error Closure: 0.0032 Course: S 78-38-51 W Error North: -0.00063 East :-0.00315 Precision 1: 13,865.62 Page 1 8347 557-310-26 Sly TCE.txt Parcel name: 557-310-26 S'LY TCE North: 1827934.0572 Line Course: N 04-57-58 E North: 1827938.4108 Curve Length: 16.94 Delta: 10-05-09 Chord: 16.92 Course in: 5 04-27-41 W RP North: 1827842.4724 End North: 1827935.6173 Line Course: 5 73-41-26 E North: 1827933.1068 Curve Length: 9.36 Delta: 53-37-47 Chord: 9.02 Course In: N 16-18-34 E RP North: 1827942.7044 End North: 1827934.7518 Line Course: N 52-40-47 E North: 1828020.1085 Line Course: 5 37-19-13 E North: 1828012.5535 Line Course: 5 52-40-47 W North: 1827928.4093 Curve Length: 10.48 Delta: 60-01-13 Chord: 10.00 Course In: N 37-19-13 w RP North: 1827936.3619 End North: 1827927.1366 Curve Length: 32.86 Delta: 20-55-07 Chord: 32.68 Course In: 5 22-42-00 W RP North: 1827844.1081 End North: 1827934.0646 Perimeter: 372.02 Area: East : 6305809.9967 Length: 4.37 East : 6305810.3750 Radius: 96.23 Tangent: 8.49 Course: 5 80-29-44 E Course out: N 14-32-50 E East : 6305802.8895 East : 6305827.0603 Length: 8.94 East : 6305835.6406 Radius: 10.00 Tangent: 5.05 Course: N 79-29-40 E Course out: 5 37-19-13 E East : 6305838.4488 East : 6305844.5115 Length: 140.79 East : 6305956.4760 Length: 9.50 East : 6305962.2356 Length: 138.79 East : 6305851.8616 Radius: 10.00 Tangent: 5.78 Course: S 82-41-23 w Course Out: 5 22-42-00 w East : 6305845.7989 East : 6305841.9399 Radius: 90.00 Tangent: 16.61 Course: N 77-45-33 W Course Out: N 01-46-53 E East : 6305807.2083 East : 6305810.0061 1,508 sq. ft. 0.035 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0120 course: N 51-41-01 E Error North: 0.00742 East : 0.00939 Precision 1: 31,002.50 Page 1 8348 !r RECORDED =? T THE REQUEST OF CHICAGO T'Tl_F CC RECORDING REQUESTED BY and AFTER RECORDING MAIL TO: City of National City 1243 National City Blvd National City, CA 91950-4301 0 o c # 2010-044497 9 AUG 26, 2010 8:00 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE DAVID L. BUTLER, COUNTY RECORDER FEES: 0.00 OC: NA PAGES 8349 6 IIIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII NO FEES DUE - FOR BENEFIT OF PUBLIC AGENCY (Space above this line for County Recorders Use Only) APN: 557-310-26 No documentary tax due R & T 11922 (amended) GRANT DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, TRACY NOEL MILLER, TRUSTEE OF THE AIMEE FRANKHOUSE TRUST ("Grantor"), hereby grants to the CITY OF NATIONAL CITY ("Grantee"), that certain real property (the "Property") located in the City of National City, County of San Diego, State of California, more particularly described and depicted in Exhibit A and Exhibit B attached hereto and made a part hereof, together with all right, title and interest of Grantor in and to all improvements located on the Property. Grantor hereby further grants to Grantee all of Grantor's right, title and interest in and to all easements, privileges and rights appurtenant to the Property and pertaining or held and enjoyed in connection therewith and all of Grantor's right, title and interest in and to any land Tying in the bed of any street, alley, road or avenue to the centerline thereof in front of, or adjoining the Property. IN WITNESS WHEREOF, Grantor has executed this Grant Deed as of this R `"day of Rft-21 ,2010. GRANTOR: TRACY NOEL MILLER, TRUSTEE OF THE AIMEE FRANKHOUSE TRUST By: Print name: 'RI VA / /,14,' i IQ,r- It's:(. SI .ewe_ By: Print name: It's: CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by Street Easement dated APxv' 63`20 /0 , to the City of National City, is hereby accepted by order of the City Council of the City of National City per Resolution No. 20oq-6C , dated APP4' 7 laoq and the Grantee consents to the recordation thereof by its duly authorized officer. Date: APRs1 22 , 2010 Mic4iael R. Dalla City Clerk City of National City 3350 State of California County of mart{.,,,,,) On Rpryl 13,r).0 NOTARY ACKNOWLEDGMENT before me, CladALL' rte. acre. AM- Y10-1G'L4LA ?LA -soli" c., iin t;r1 a,lTne arkd!i [ie>ef:Lc o(Fici3) rhi 11e,r , who pr oved to me on 8351 personally appeared 1 ('C�crL the basis of satisfactory evidence to be the person) whose name46) is/arb subscribed to the within instrument and acknowledged to me that he/sJd/tloy executed the same in his/l r/tKir authorized capacity(Vs), and that by his/h (Ithpfr signature(,) on the instrument the person(lt), or the entity upon behalf of which the person(') 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. Signature ( Seal) CLAUDINE MARIE AURIA Commission • 1849363 Notary Public - California Montsray County Comm. Eintns Jun 12 2013 OPTIONAL The following information is not required by law, but may be helpful to other parties relying on the document and may deter fraudulent activity if removed and reattached to another document. Title (or type) of Document: C-Dr e z,E i 4 C4I Number of pages (not including this page): y $3-O053-0 E EXHIBIT "A" PERMANENT DONATION FOR ROAD APN 557-310-26 THAT PORTION OF THE WEST HALF OF THE NORTHWEST QUARTER OF QUARTER SECTION 106, RANCHO DE LA NACION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF BY MORRILL NO. 166 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS DISK STAMPED CP1 ACCORDING TO RECORD OF SURVEY MAP NO. 17515 FILED IN THE OFFICE OF THE COUNTY RECORDER ON AUGUST 30, 2002 WHICH BEARS NORTH 56°05'31" EAST 686.13 FEET FROM A BRASS DISK STAMPED CP2 ACCORDING TO SAID RECORD OF SURVEY MAP; THENCE SOUTH 61°14'53" WEST 150.80 FEET TO THE SOUTHEASTERLY LINE OF LAND PER DEED RECORDED AUGUST 5, 1983 AS DOCUMENT NO. 83-273525 OF OFFICIAL RECORDS, SAID POINT ALSO BEING ON THE NORTHWESTERLY LINE OF PLAZA BOULEVARD AND THE TRUE POINT OF BEGINNING; 1. THENCE ALONG SAID NORTHWESTERLY LINE SOUTH 52°40'47" WEST 44.09 FEET; 2. THENCE LEAVING SAID NORTHWESTERLY LINE NORTH 37°19'13" WEST 11.87 FEET; 3. THENCE NORTH 52°40'17" EAST 42.73 FEET TO THE BEGINNING OF A TANGENT 22.62-FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; 4. THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 59°56'12" A DISTANCE OF 23.66 FEET TO THE SOUTHWESTERLY LINE OF EUCLID AVENUE; 5. THENCE ALONG SAID SOUTHWESTERLY LINE SOUTH 17°41'00" EAST 16.14 FEET TO THE BEGINNING OF A TANGENT 12.00-FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; 6. THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 9°52'00" A DISTANCE OF 2.07 FEET TO THE BEGINNING OF A NON -TANGENT 25.00-FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 79°53"44" EAST; 7. THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 31°05'49" A DISTANCE OF 13.57 FEET TO THE TRUE POINT OF BEGINNING. AREA = 685 SQ. FT., MORE OR LESS. MICKEY B. AG EXP. 3-31-12 83 5 2 LEGEND T.P.O.B. P.O.B. A EXHIBIT "B" PERMANENT DONATION AREA = 685 SF TEMPORARY CONSTRUCTION AREA DONATION (TCD) AREA = 212 SF TRUE POINT OF BEGINNING POINT OF BEGINNING CONTROL POINT PER ROS 17515 TABULATED UNE DATA UNE BEARING LENGTH L1 S 6114'53" W 150.80' L2 S 74'47'03" W 138.74' ASDFL ir, 12J RHO DE, LA NACION MAP 166 \ J% 13 B V RLL Y GLEN MAP 278 1 2 3 REVISED BY: MA DATE: 3-15-10 DRAWN BY: KA DATE: 1-29-10 CP2 "111 • CP1 T.P.O.B. TCD SEE DETAIL "A" SH;ET 2 POFL 1/% Srr, 108 PHD, Dr LA NACJJN / MAP 166 PEDESTRIAN ACCESS EASEMENT REC. 1/29/79 AS FILE NO. 79-043820 O.R. 557-310-26 NATIONAL CITY '0 T.P.O.B. /4j_ / PERM. / DON. /43o' /Co SHEET 1 OF 2 SHEETS 1"=80' CHECKED BY: MA DATE: 1-29-10 APPROVED BY: DATE: PERMANENT DONATION AND TEMPORARY CONSTRUCTION AREA DONATION APN 557-310-26 THE AIMEE FRANKHOUSE TRUST DOC. NO. DWG. NO. LEGEND PERMANENT DONATION AREA = 685 SF TEMPORARY CONSTRUCTION AREA DONATION (TCD) AREA = 212 SF T.P.O.B. TRUE POINT OF BEGINNING PrJri, 1/4 SrG, 106 PHJ, D LA NACJON MAP 166 TABULATED LINE DATA LINE BEARING LENGTH L1 S 6114'53" W 150.80' L2 S 74'47'03" W 138.74' L3 S 17'41'00" E 5.56' L4 S 7219'00" W 7.79' L5 N 72'35'45" E 7.79' TABULATED CURVE DATA CURVE DELTA RADIUS LENGTH C1 59'56'12" 22.62' 23.66' C2 9'52'00" 12.00' 2.07' C3 311)5'49" 25.00' 13.57' C4 321819" 14.00' 7.89' C5 1315'20" 22.62' 5.23' C6 25'09'20" 20.12' 8.83' C7 11'23'41" 14.00' 2.78' 4', _ T.P.O.B. N'LY TCD h 1/ �\\ 3,, 4. C7 S5p35 CEO f,; h- h� i T.P.O.B. og �� PERM. DONATION �V Qv Qv 8856- PEDESTRIAN ACCESS EASEMENT REC. 1/29/79 AS FILE NO. 79-043820 O.R. �SS. '00?404). T.P.O.B. k' S'LY TCD DETAIL "A" NOT TO SCALE SHEET 2 OF 2 SHEETS REMSED BY: MA DATE: 3-15-10 DRAWN BY: KA DATE: 1-29-10 NA11ONAL CITY NOT TO SCALE CHECKED BY: MA DATE:1-29-10 APPROVED BY: DATE: PERMANENT DONATION AND TEMPORARY CONSTRUCTION AREA DONATION APN 557-310-26 THE AIMEE FRANKHOUSE TRUST DOC. NO. DWG. NO. 1$ ,.RECORDED ;AT THE REQUEST 0Y 'CHICAG T'-'; CO RECORDING REQUESTED BY and AFTER RECORDING MAIL TO: City of National City 1243 National City Boulevard National City, CA, 91950 �.N )37/a2)3 66-PA. IIIIIIIIIIII�IIIINIM�III�I�IUVI��I�IIIIIIII�IIINNIII AUG 26, 2010 8:00 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE 8355 DAVID L. BUTLER, COUNTY RECORDER FEES: 0.00 OC: OC PAGES 10 111111111 i 111111111111 I I I I 111111111111111111111 h i l l 1111111111 I I I I I I I I I 11111111111111 NO FEES DUE - FOR BENEFIT OF PUBLIC AGENCY (Space above this line for County Recorders Use Only) APN: 557-310-26 No documentary tax due R & T 11922 (amended) TEMPORARY CONSTRUCTION EASEMENT For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, TRACY NOEL MILLER, TRUSTEE OF THE AIMEE FRANKHOUSE TRUST ("Grantor"), hereby grants and conveys to CITY OF NATIONAL CITY, ("Grantee"), a temporary construction easement ("Easement") and the right to use and occupy the surface and subsurface of said easement for a period of twelve (12) months, commencing upon the start of construction activities with Grantee providing a minimum of 30 days written notice to Grantor. Said Easement is located in the County of San Diego, State of California, more particularly described in Exhibit "A" and depicted in Exhibit "B" attached hereto and made a part hereof. Said Easement and right shall be all acts necessary for the purpose of constructing street improvements and related appurtenant structures associated with the Plaza Boulevard Widening Project. Such acts shall include, without limitation, constructing and installing street improvements, driveway transitions, restriping parking lots, drainage structures, utilities, retaining walls, slopes, and landscaping. Grantor further grants the right of unobstructed ingress and egress to the Easement, including the right to pass and re -pass over and along the Easement and to deposit tools, implements and other materials on the Easement and to utilize construction, automotive and other equipment thereon when necessary for the purpose of exercising its rights hereunder. Grantee shall maintain the Easement conveyed hereunder in a neat, clean, safe and orderly condition Upon completion of any work, for the purposes and uses herein granted, Grantee shall restore, at Grantee's expense, the Easement Area to substantially the same condition as prior to such work, including but not limited to, repairing, restoring and replacing the improvements located on the Easement Area. The City will not block existing access to Grantee's property. Notwithstanding the foregoing, Grantee shall indemnify, defend and hold harmless Grantor from any and all fines, suits, claims, demands, penalties, losses and actions (including reasonable attorneys' fees) for any injury to persons or damage to or loss of property in or about the Easement Area to Grantee, its agents, employees, invitees or guests arising from their use of the Easement Area. Grantee's indemnification obligation under this paragraph shall terminate two (2) years after the expiration or earlier termination of the Easement. S3�o The rights and obligations contained herein shall inure to the benefit of and be binding uport-ihe successors -in -interest, agents, employees, assigns, and transferees of the parties hereto. The Grantor, for the Grantor and Grantor's successors and assigns hereby waives any claim for any and all severance damages to the Grantor's remaining property contiguous to the Easement by reason of the location, construction, installation or landscaping of said Plaza Boulevard Widening Project on or adjacent to the Easement. IN WITNESS WHEREOF, Grantor has executed this Grant of Temporary Construction Easement as of this le day of Igeri'l , 2010. GRANTOR: TRACY NOEL MILLER, TRUSTEE OF THE AIMEE FRANKHOUSE TRUST By:, µ" /t— Print name: It's: By: Print name: It's: CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by Street Easement dated Atp,l 13 20(b , to the City of National City, is hereby accepted by order of the City Council of the City of National City per Resolution No. 206+7-64 , dated ApAy1 ? 20Qg and the Grantee consents to the recordation thereof by its duly authorized officer. Date: ,4 fL4 l 2 2 , 2010 114A- Michael . Della City Clerk City of National City 8357 NOTARY ACKNOWLEDGMENT State of California County of YYl,fet ) On Apr 13 loto before me,CArt.'�n�;,g lgluia n 047,14.L �ukvii�, j Insert earn. a=al tSticxf ti.c atrirrr) personally appeared e1('a t I lei- , who pr oved to me on the basis of satisfactory evidence to be the person() whose name() is/a f4 subscribed to the within instrument and acknowledged to me that he/sJ/thy executed the same in his/F'r/tVir authorized capacity(LL), and that by his/bof/igeir signature(y) on the instrument the person(, or the entity upon behalf of which the person) 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. Signature /,c£„e, ( Seal) CLAUDINE MARIE AURIA 11r Commission • t849363 I Notary Publk - California Monterey County Comm. ins Jun t2 201 OPTIONAL The following information is not required by law, but may be helpful to other parties relying on the document and may deter fraudulent activity if removed and reattached to another document. Title (or type) of Document: Number of pages (not including this page): 43-0053 ) I �i)^; T (H )S ) 8358 EXHIBIT "A" TEMPORARY CONSTRUCTION AREA DONATION APN 557-310-26 THAT PORTION OF THE WEST HALF OF THE NORTHWEST QUARTER OF QUARTER SECTION 106, RANCHO DE LA NACION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF BY MORRILL NO. 166 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS DISK STAMPED CP1 ACCORDING TO RECORD OF SURVEY MAP NO. 17515 FILED IN THE OFFICE OF THE COUNTY RECORDER ON AUGUST 30, 2002 WHICH BEARS NORTH 56°05'31" EAST 686.13 FEET FROM A BRASS DISK STAMPED CP2 ACCORDING TO SAID RECORD OF SURVEY MAP; THENCE SOUTH 74°47'03" WEST 138.74 FEET TO THE SOUTHWESTERLY LINE OF EUCLID AVENUE AND THE TRUE POINT OF BEGINNING; 1. THENCE ALONG SAID SOUTHWESTERLY LINE SOUTH 17°41'00" EAST 5.56 FEET; 2. THENCE LEAVING SAID SOUTHWESTERLY LINE SOUTH 72°19'00" WEST 7.79 FEET; 3. THENCE NORTH 17°41'00" WEST 5.60 FEET; 4. THENCE NORTH 72°35'45" EAST 7.79 FEET TO THE TRUE POINT OF BEGINNING. TOGETHER WITH: THAT PORTION OF THE WEST HALF OF THE NORTHWEST QUARTER OF QUARTER SECTION 106, RANCHO DE LA NACION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF BY MORRILL NO. 166 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A SAID BRASS DISK STAMPED CP1; THENCE SOUTH 61°14'53" WEST 150.80 FEET TO THE SOUTHEASTERLY LINE OF LAND PER DEED RECORDED AUGUST 5, 1983 AS DOCUMENT NO. 83-273525 OF OFFICIAL RECORDS, SAID LINE ALSO BEING THE NORTHWESTERLY LINE OF PLAZA BLVD.; THENCE ALONG SAID NORTHWESTERLY LINE SOUTH 52°40'47" WEST 44.09 FEET TO THE TRUE POINT OF BEGINNING; 1. THENCE CONTINUING ON SAID NORTHWESTERLY LINE SOUTH 52°40'47" WEST 3.00 FEET; 2. THENCE LEAVING SAID NORTHWESTERLY LINE NORTH 37°19'13" WEST 14.37 FEET; 3. THENCE NORTH 52°40'17" EAST 45.73 FEET TO THE BEGINNING OF A TANGENT 20.12-FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; Page 1 of 2 4. THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 25°09'20" A DISTANCE OF 8.83 FEET TO THE CUSP WITH A NON -TANGENT 14.00-FOOT RADIUS CURVE CONCAVE WESTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 83°42'41" EAST; 5. THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 20°54'38" A DISTANCE OF 5.11 FEET TO THE BEGINNING OF A NON -TANGENT 22.62-FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 50°35'03" EAST; 6. THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 13°15'20" A DISTANCE OF 5.23 FEET; 7. THENCE SOUTH 52°40'17" WEST 42.73 FEET; 8. THENCE SOUTH 37°19'13" EAST 11.87 FEET TO THE TRUE POINT OF BEGINNING. AREA = 212 SQ. FT., MORE OR LESS MICKEY B. AG IRREGRCE 27648 EXP. 3-31-12 8359 Page 2 of 2 S 260 LEGEND CC T.P.O.B. P.O.B. EXHIBIT "B" PERMANENT DONATION AREA = 685 SF TEMPORARY CONSTRUCTION AREA DONATION (TCD) AREA = 212 SF TRUE POINT OF BEGINNING POINT OF BEGINNING CONTROL POINT PER ROS 17515 TABULATED LINE DATA UNE BEARING LENGTH L1 S 6114'53" W 150.80' L2 S 74'47'03" W 138.74' ?OR, 1/4 85,C, 129 RHO, DLA NACJDN MAP 166 14 13 X �s✓VE'FRLY GLrN MAP 278 1 3 \2 CP2 T.P.O.B. TCD SEE DETAIL *A"Nomii SHEET 2 y PC1Fi, 1/4 s c. 106 FiHD, Dr LA NACJON / MAP 166 PEDESTRIAN ACCESS EASEMENT REC. 1/29/79 AS FILE NO. 79-043820 O.R. 557-310-26 t-� N'%//1 / / � T.P.O.B. / PERM. / DON. /.? /`° SHEET 1 OF 2 SHEETS REVISED BY: MA DATE: 3-15-10 DRAWN BY: KA DATE: 1-29-10 NATIONAL CITY 1"=80' CHECKED BY: MA DATE: 1-29-10 APPROVED BY: DATE: PERMANENT DONATION AND TEMPORARY CONSTRUCTION AREA DONATION APN 557-310-26 THE AIMEE FRANKHOUSE TRUST DOC. NO. DWG. NO. 'ON 'MO '0N '000 1Sn211 3SflOHNNVd1J 3311IV 3H1 9Z-01.£-LS5 NdV N011VN0O V321V NOt1OnULSNOO A2lV8OdPI31 ONV NOLLVNOO 1N3NVN1H3d 31va :AG 03A0addtl 01-6Z-131v0 VIN :A8 03)103HO 31V3S 01 ION up 1VNOLLYN 0I-6Z-1:31V0 V)1 :Aa WHO 01-51-£ 31V0 VNI :A8 03sIA3a S133HS Z JO Z 133HS 31V3S 01 ION ay. iivi a 031 AI,S s. 21'0 OZ9£t0-6L '0N 3113 SV 6L/6Z/ 1 '3321 1N3NOSV3 SS333V NVI211S303d ,tea .aV NOLLVN00 1183d 6- too 8'0'd'1 • / (�) �`S£oS s "�-L3 ,9LZ ,003,1 .lt,£Z.I L L3 ,£9'9 ,Z1'0Z .0Z,60.S1 90 ,£Z'S ,Z9ZZ .0Z,SL£I SO .691 ,001, I .61,9 LZ£ t3 ,LS'£1 ,00'SZ .6t.S0.1£ CO ,LOZ ,00Z1 .00,ZS.6 Z3 ,99'£Z ,Z9ZZ .Z 1,9S.6S 13 H10N31 SnIGVd Vll3a 3nan3 Vivo 3AtO 0311f1f18V1 ,6CL 3 .St,S£.ZL N Si ,611 M .00,612L S tl ,9S'S 3 .00,It.LI S £l ,PL'9£ I M .£0,L17.$L S Zl ,09'0S1 M £S,tL19 S 1l H19N31 ONIdV38 3Nfl viva 3Ntl 031YU19V1 aaf dVf/\[ f'Ja[OVNJ i /+ 3c► 'O F[E 9Gf- rLJCd ONINNI038 J0 1NI0d 31121 3S Z IZ = V32IV (031) NOLLVN00 V3NV —j NOLL3n2i1sNo3 A21V210d1131 —J 3S S89 = V38V NOuvNOa 1N3NVWd3d aN3a31 8 8362 557-310-26 Donation.txt Parcel name: 557-310-26 PERM. DONATION North: 1828172.4460 Line Course: S 52-40-47 W North: 1828145.7155 Line Course: N 37-19-13 w North: 1828155.1553 Line Course: N 52-40-17 E North: 1828181.0661 Curve Length: 23.66 Delta: 59-56-12 Chord: 22.60 Course In: N 37-19-43 w RP North: 1828199.0529 End North: 1828201.9135 Line Course: S 17-41-00 E North: 1828186.5361 Curve Length: 2.07 Delta: 9-52-00 Chord: 2.06 Course In: S 72-19-00 w RP North: 1828182.8910 End North: 1828184.5231 Curve Length: 13.57 Delta: 31-05-49 Chord: 13.40 Course In: N 79-53-44 w RP North: 1828188.9091 End North: 1828172.4414 Perimeter: 154.13 Area: East : 6306171.9694 Length: 44.09 East : 6306136.9065 Length: 11.87 East : 6306129.7100 Length: 42.73 East : 6306163.6877 Radius: 22.62 Tangent: 13.04 Course: N 22-42-11 E Course Out: N 82-44-05 E East : 6306149.9712 East : 6306172.4096 Length: 16.14 East : 6306177.3122 Radius: 12.00 Tangent: 1.04 Course: S 12-45-00 E Course Out: N 82-11-00 E East : 6306165.8792 East : 6306177.7677 Radius: 25.00 Tangent: 6.96 Course: S 25-39-10 w Course Out: S 48-47-55 E East : 6306153.1555 East : 6306171.9655 685 sq. ft. 0.016 acres Mapcheck Closure - (uses listed courses, radii, and deltas) Error Closure: 0.0060 Course: S 41-04-53 W Error North: -0.00452 East :-0.00394 Precision 1: 25,688.33 Page 1 8363 557-310-26 Nly TCD.txt Parcel name: 557-310-26 N'ly TCD North: 1828203.2670 Line Course: S 72-19-00 W North: 1828200.9007 Line Course: N 17-41-00 W North: 1828206.2361 Line Course: N 72-35-45 E North: 1828208.5662 Line Course: S 17-41-00 E North: 1828203.2689 East Length: Length: Length: Length: : 6306171.9835 7.79 East : 6306164.5615 5.60 East : 6306162.8605 7.79 East : 6306170.2939 5.56 East : 6306171.9828 Perimeter: 26.75 area: 44 sq. ft. 0.001 acres Napcheck Closure - (uses listed courses, radii, and deltas) Error Closure: 0.0020 Course: N 20-16-23 W Error North: 0.00192 East :-0.00071 Precision 1: 13,370.00 Page 1 557-310-26 Sly TCD.txt Parcel name: 557-310-26 S'ly TCD North: 1828184.6897 Curve Length: 5.23 Delta: 13-15-20 Chord: 5.22 Course In: N 50-35-03 w RP North: 1828199.0522 End North: 1828181.0654 Line Course: S 52-40-17 w North: 1828155.1545 Line Course: S 37-19-13 E North: 1828145.7148 Line Course: 5 52-40-47 W North: 1828143.8960 Line Course: N 37-19-13 W North: 1828155.3239 Line Course: N 52-40-17 E North: 1828183.0539 Curve Length: 8.83 Delta: 25-09-20 chord: Course In: RP North: End North: Curve Length: Delta: Chord: Course In: RP North: End North: 8.76 N 37-19-43 w 1828199.0527 1828189.7574 5.11 20-54-38 5.08 S 83-42-41 w 1828188.2239 1828184.6897 East : 6306167.4507 Radius: 22.62 Tangent: 2.63 Course: S 46-02-37 w Course out: S 37-19-43 E East : 6306149.9754 East : 6306163.6919 Length: 42.73 East : 6306129.7142 Length: 11.87 East : 6306136.9106 Length: 3.00 East : 6306134.5249 Length: 14.37 East : 6306125.8128 Length: 45.73 East : 6306162.1759 Radius: 20.12 Tangent: 4.49 Course: N 40-05-37 E Course out: S 62-29-03 E East : 6306149.9754 East : 6306167.8195 Radius: 14.00 Tangent: 2.58 Course: S O4-10-00 w Course Out: S 75-22-41 E East : 6306153.9038 East : 6306167.4503 Perimeter: 136.88 Area: 168 sq. ft. 0.004 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0003 Course: N 87-36-58 W Error North: 0.00001 East :-0.00033 Precision 1: 456,233.33 Page 1 826k