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HomeMy WebLinkAboutA6514 - WALTER FAMILY PARTNERSHIP - OPERATIONS COVENANT AGR DOC # 2014-0186599 05/22/2014 08:23A Fee:NC Page 1 of 15 Recorded in Official Records County of Riverside Larry W. Ward Assessor, County Clerk & Recorder RECORDING PALM SPRINGS II II III I I I I IIII III I III III II I I III City of Palm Springs S R U I PAGE I SIZE DA MISC LONG RFD COPY City Clerk P O Box 2743 Palm Springs, CA 92263 M A L 1 465 426 PCOR NCOR SMF NCHG Qexa T: CTY UNI SoS Filing fee EXEMPT per Government Code 6103 C 8� Walter Family Partnership A6514 Operations Covenant Agreement THIS AREA FOR RECORDER'S USE ONLY THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3.00 Additional Recording Fee Applies) FREE RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: THE CITY OF PALM SPRINGS 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Attention: City Clerk (Space Above This Line for Recorder§Office Use Only) OPERATIONS COVENANT AUs�1k THIS OPERATIONS COVENANT AND DECLARATION OF COVENANTS AND RESTRICTIONS ("Agreement") is made and entered into this Ist day of May, 2013, by and between the CITY OF PALM SPRINGS, a municipal corporation and charter city ("City"), and Walter Family Partnership a California Limited Partnership ("Owner"). RECITALS : A. The City of Palm Springs adopted Chapter 5.26 of its Municipal Code in December, 2007 to provide a Hotel Operations Incentive Program ("Program") for the operation and maintenance of Hotel facilities that enhance the tourist and travel experience for visitors to the City, maximize the use of the City's Convention Center, provide attractive and desirable visitor serving facilities and experiences, and assist the City in achieving its tourism goals. B. Owner has applied for the Program and has provided satisfactory documentation certifying its recent renovation project as a qualified renovation program under the Program. Hilton Palm Springs ("Owner's Hotel" or "Project"), generally located at 400 East Tahquitz Canyon Way, Palm Springs, California, consists of two hundred fifty eight (258) total hotel N rooms on that certain real property located in the City of Palm Springs, County of Riverside, State of California, more particularly described in Exhibit "A" attached hereto and incorporated �m- herein by reference (the "Site"). QNN y" C. City and Owner now desire to place restrictions upon the use and operation of the " 0 Project, in order to ensure that the Project shall be operated continuously as a hotel available for short-term rental for the term of this Agreement. D. City and Owner also agree that in return for participation in the Program, Owner shall agree to operate the Project as a hotel; participate in the Palm Springs Convention Center's Committable Rooms Program; and provide City with a minimum of six (6) room-nights per month for official City use; and, City agrees to share a percentage of Transient Occupancy Tax Increment with Owner pursuant to the Program guidelines. E. The City finds that the approval of this Covenant is Categorically Exempt from CEQA under Section 15301 of the California Administrative Code as the Hotel Operations Incentive Program applicable to Owner's Hotel applies to the operation, repair, maintenance, or 915229.03.10C OPERATIONS COVENANT' 370971-00003/2-10-1 I/dme/Iry FOR HOTEL INCENTIVE PROGRAM minor alteration of existing structures, facilities, mechanical equipment involving no material expansion of use beyond that previously existing. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Participant hereby conveys to the Agency the Operating Covenants described herein and Agency hereby agrees to provide Participant with funds as provided under the Program and as set forth hereinafter. ARTICLE 1 STATEMENT OF OPERATING COVENANTS 1.1. OPERATION AND USE COVENANT. Owner covenants to operate, maintain, and use the Owner's Hotel in accordance with this Agreement. All uses conducted on the Site, including, without limitation, all activities undertaken by the Owner pursuant to this Agreement shall conform to requirements of this Agreement and Palm Springs Municipal Code. 1.2. HOTEL USE. The Owner hereby agrees that the Project is to be owned, managed, and operated as a hotel in a first-class manner, and the Project's participation in the Program shall continue in accordance with the terms of the Program, for a term equal to ten (10) years, commencing upon the date Owner first receives from the City the Owner's share of transient occupancy tax revenues pursuant to the Program unless and until Owner's participation in the Program is terminated prior thereto in accordance with this Agreement (the "Term"). 1. Housing Uses Prohibited. None of the rooms in the Project will at any time be utilized as a non-transient residential property including dormitory, fraternity or sorority house, rooming house, nursing home, hospital, sanitarium, or trailer court or park without the City's prior consent which consent may be given or withheld in its sole and o v absolute discretion. �m 2. Conversion of Project. No part of the Project will at any time be owned mmn �I°' by a cooperative housing corporation, nor shall the Owner take any steps in connection with the conversion to such ownership or uses to condominiums, or to any other form of ownership, without the prior written approval of the City Council which approval may be given or withheld in its sole and absolute discretion. ARTICLE 2 WARRANTIES AND COVENANTS 2.1. WARRANTIES AND COVENANTS. For the Tenn of this Agreement, the Owner hereby represents, covenants, warrants and agrees as follows: 1. Owner has completed the City's application for the Hotel Operations Incentive Program. The City has determined the Transient Occupancy Tax Base to be used to calculate the Transient Occupancy Tax Increment shall be $1,015,713.05, and the Owner accepts such Transient Occupancy Tax Base. 915229 03/OC OPERATIONS COVENANT" 370971-000032-10-1 I/dme/Iry-5-2-13/cvh -2- FOR HOTEL INCENTIVE PROGRAM 2. Owner hereby agrees to subscribe to the Palm Springs Convention Center's Committable Rooms Program or any similar successor program as identified by the City Manager without being obligated to incur any additional costs or expenses. 3. Upon City's prior request, Owner shall provide the City at no cost six (6) rooms for one (1) night (or 3 room for 2 nights) other than Friday or Saturday nights each month for use for City purposes as approved or designated by the City Manager, provided that such use by the City shall be subject to the rooms being available at the time of the City's request. Such accommodations shall include all services and amenities for which the Owner would normally collect transient occupancy taxes but will not include services and amenities that are optional to the transient and for which the transient is not required to pay a transient occupancy taxes. City shall be responsible for any transient occupancy taxes for any occupancy provided to City under the provisions of this paragraph. Notwithstanding anything in this Agreement to the contrary, if the City does not use rooms during any month, then its right to use rooms with respect to that month shall expire at the end of that month and shall not accrue; provided, however, if the City was unable to use rooms solely because Owner's Hotel had no rooms available when the City requested a room in accordance with this Section 2.1.3, then, the City's right to use rooms shall not expire and may be used by the City in a subsequent month. ARTICLE 3 MAINTENANCE 3.1. MAINTENANCE. 1. Maintenance Obli ag tion. Owner, for itself and its successors and assigns, hereby covenants and agrees to maintain and repair or cause to be maintained and o N -site improvements and landscaping thereon, including,repaired the Site and all related on m without limitation, buildings, parking areas, lighting, signs and walls in a first class condition and repair, free of rubbish, debris and other hazards to persons using the same, 1 L? m v and in accordance with all applicable laws, rules, ordinances and regulations of all m federal, state, and local bodies and agencies having jurisdiction, at Owner's sole cost and expense. Such maintenance and repair shall include, but not be limited to, the following: (i) sweeping and trash removal; (ii) the care and replacement of all shrubbery, plantings, and other landscaping in a healthy condition; and (iii) the repair, replacement and restriping of asphalt or concrete paving using the same type of material originally installed, to the end that such paving at all times be kept in a level and smooth condition. In addition, Owner shall be required to maintain the Property in such a manner as to avoid the reasonable determination of a duly authorized official of the City that a public nuisance has been created by the absence of adequate maintenance such as to be detrimental to the public health, safety or general welfare or that such a condition of �• deterioration or disrepair causes appreciable harm or is materially detrimental to property _ or improvements within one thousand (1,000) feet of such portion of the Site. 2. Parkine and Driveways. The driveways and traffic aisles on the Site shall C be kept clear and unobstructed at all times. 915229.03/OC OPERATIONS COVENANT 370971-00003/2-10-11/dme/Iry-5-2-13kvh '3- FOR HOTEL INCEN HVF PROGRAM 3. Right of Entry. In the event Owner fails to maintain the Site in the above- mentioned condition, and satisfactory progress is not made in correcting the condition within thirty (30) days from the date of written notice from City (such notice shall reasonably identify the required maintenance), City may, at City's option, and without further notice to Owner, declare the unperformed maintenance to constitute a public nuisance. Thereafter, either City or its employees, contractors, or agents, may cure Owner's default by entering upon the Site and performing the necessary landscaping and/or maintenance in accordance with Section 3.1.1 above. The City shall give Owner, its representative, or the residential manager reasonable notice of the time and manner of entry, and entry shall only be at such times and in such manner as is reasonably necessary to carry out this Agreement. Owner shall pay such costs as are reasonably incurred by City for such maintenance, including attorneys' fees and costs. 4. Lien. If any costs incurred by City under Section 3 above are not reimbursed within thirty (30) days after Owner's receipt of City's written request for reimbursement, the same shall be deemed delinquent, and the amount thereof shall bear interest thereafter at a rate of the lower of ten percent (10%) per annum or the legal maximum until paid. Any and all delinquent amounts, together with said interest, costs and reasonable attorney's fees, shall be an obligation of Owner as well as a lien and charge, with power of sale, upon the property interests of Owner, and the rents, issues and profits of such property. City may bring an action at law against Owner obligated to pay any such sums or foreclose the lien against Owner's property interests. Any such lien may be enforced by sale by the City following recordation of a Notice of Default of Sale given in the manner and time required by law as in the case of a deed of trust; such sale to be conducted in accordance with the provisions of Section 2924, et seq., of the California Civil Code, applicable to the exercise of powers of sale in mortgages and deeds of trust, or in any other manner permitted by law. ON [f]0^ p- Any monetary lien provided for herein shall be subordinate to any bona fide mortgage or deed of trust covering an ownership interest or leasehold or subleasehold estate in and to any Site approved by City pursuant to the Agreement, and any purchaser at any foreclosure or trustee's sale (as well as any deed or assignment in lieu of foreclosure or trustee's sale) under any such mortgage or deed of trust shall take title free from any such monetary lien, but otherwise subject to the provisions hereof-, provided that, after the foreclosure of any such mortgage and/or deed of trust, all other assessments provided for herein to the extent they relate to the expenses incurred subsequent to such foreclosure, assessed hereunder to the purchaser at the foreclosure sale, as owner of the subject Site after the date of such foreclosure sale, shall become a lien upon such Site upon recordation of a Notice of Assessment or Notice of Claim of Lien as herein provided. 915229.03,'OC OPERATIONS COVENANT 370971-0000312-10-1 VdineAry-5-2-13/cO -4- FOR HOTEL INCENTIVE PROGRAM ARTICLE 4 COMPLIANCE WITH LAWS 4.1. COMPLIANCE WITH LAWS. Owner shall comply with all ordinances, regulations and standards of the City and City applicable to the Site. Owner shall comply with all rules and regulations of any assessment district of the City with jurisdiction over the Site. ARTICLE 5 NONDISCRIMINATION 5.1. NONDISCRIMINATION. There shall be no discrimination against or segregation of any person, or group of persons, on account of race, color, creed, religion, gender, sexual orientation, marital status, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Site, or any part thereof, nor shall Owner, or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of guests or vendees of the Site, or any part thereof. ARTICLE 6 COVENANTS TO RUN WITH THE LAND 6.1. COVENANTS TO RUN WITH THE LAND. Owner hereby subjects the Site to the covenants, reservations, and restrictions set forth in this Agreement. City and Owner hereby declare their express intent that all such covenants, reservations, and restrictions shall be deemed Wm w covenants running with the land and shall pass to and be binding upon the Owner's successors in ©m 0 title to the Site; provided, however, that on the termination of this Agreement said covenants, ©N� reservations and restrictions shall expire. All covenants without regard to technical classification m or designation shall be binding for the benefit of the City, and such covenants shall run in favor of the City for the entire term of this Agreement, without regard to whether the City is or remains an owner of any land or interest therein to which such covenants relate. Each and every contract, deed or other instrument hereafter executed covering or conveying the Site or any portion thereof shall conclusively be held to have been executed, delivered and accepted subject to such covenants, reservations, and restrictions, regardless of whether such covenants, reservations, and restrictions are set forth in such contract, deed or other instrument. City and Owner hereby declare their understanding and intent that the burden of the C covenants set forth herein touch and concern the land in that Owner's legal interest in the Site is rendered less valuable thereby. City and Owner hereby further declare their understanding and intent that the benefit of such covenants touch and concern the land by enhancing and increasing the enjoyment and use of the Project by the intended beneficiaries of such covenants, reservations, and restrictions, and by furthering the public purposes for which the City was formed. 915229.03/OC OPERATIONS COVENANT" 370971-00003/2-10-11/dmedry-5-2-13/cvh -5- FOR HO"I EL INCENTIVE PROGRAM Owner, in exchange for the City entering into the Agreement, hereby agrees to hold, sell, and convey the Site subject to the terms of this Agreement. Owner also grants to the City the right and power to enforce the terms of this Agreement against the Owner and all persons having any right, title or interest in the Site or any part thereof while such party owns the Site. No party shall have any liability or obligation in connection with any breach occurring while such party is not the owner of the Site. Within fifteen (15) business days after request of Owner, City shall execute and provide to Owner an estoppel certificate, in the form approved by the City Attorney of the City, confirming whether or not Owner is in breach of any obligations under this Agreement and identifying any required cure. ARTICLE 7 INDEMNIFICATION 7.1. INDEMNIFICATION. Owner agrees for itself and its successors and assigns to indemnify, defend, and hold harmless City and its respective officers, members, officials, employees, agents, volunteers, and representatives from and against any loss, liability, claim, or judgment relating in any manner to the Project excepting only any such loss, liability, claim, or judgment arising out of the intentional wrongdoing or gross negligence of or its respective officers, officials, employees, members, agents, volunteers, or representatives. Owner, while in possession of the Site, and each successor or assign of Owner while in possession of the Site, shall remain fully obligated for the payment of property taxes and assessments in connection with the Site. The foregoing indemnification, defense, and hold harmless agreement shall only be applicable to and binding upon the party then owning the Site or applicable portion thereof. 7.2. ATTORNEYS' FEES. In the event that a party to this Agreement brings an action m N against the other party hereto by reason of the breach of any condition, covenant, representation m or warranty in this Agreement, or otherwise arising out of this Agreement, the prevailing party in such action shall be entitled to recover from the other reasonable expert witness fees, and its Vim^ reasonable attorney's fees and costs. Attorney's fees shall include attorney's fees on any appeal, N and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action, including the conducting of discovery. 7.3. AMENDMENTS. This Agreement shall be amended only by a written instrument executed by the parties hereto or their successors in title, and duly recorded in the real property records of the County of Riverside. 7.4. NOTICE. Any notice required to be given hereunder shall be made in writing and shall be given by personal delivery, certified or registered mail, postage prepaid, return receipt requested, at the addresses specified below, or at such other addresses as may be specified in writing by the parties hereto: 915229.0310C OPERATIONS COVENANT 370971-00003/2-10-11/dine/hy-5-2-13/cvh -6- FOR❑OTEI.INCENTIVE PROGRAM City: City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Attn: City Manager Copy to: Woodruff, Spradlin & Smart, LLP 555 Anton Boulevard, Suite 1200 Costa Mesa, CA 92626 Attn: Douglas C. Holland, Esq. Owner: Walter Family Partnership 400 E Tahquitz Canyon Way Palm Springs, CA 92262 The notice shall be deemed given three (3) business days after the date of mailing, or, if personally delivered, when received. 7.5. SEVERABILITY/WAIVER/INTEGRATION 1. Severability. If any provision of this Agreement or portion thereof, or the application to any person or circumstances, shall to any extent be held invalid, inoperative, or unenforceable, the remainder of the provisions, or the application of such provision or portion thereof to any other persons or circumstances, shall not be affected thereby; provided, that if any material terms or provisions of these Operating Covenants m- are rendered invalid, void and/or unenforceable, or due to changes in the law such terms m or provisions would materially alter the terms of the transactions contemplated herein, the parties agree to meet and negotiate in good faith to attempt to reform these Operating Cd N N Covenants to accomplish the intent of the parties. e 2. Waiver. A waiver by either party of the performance of any covenant or condition herein shall not invalidate this Agreement nor shall it be considered a waiver of any other covenants or conditions, nor shall the delay or forbearance by either party in exercising any remedy or right be considered a waiver of, or an estoppel against, the later exercise of such remedy or right. 3. Inteeration. This Agreement contains the entire Agreement between the parties and neither party relies on any warranty or representation not contained in this Agreement. 4. Third Parties. No third party beneficiaries are intended, and the only parties who are entitled to enforce the provisions of these Operating Covenants are the Agency, City, Mortgagees, Participant and their respective successors and assigns. 915229 03/0C OPERATIONS COVENANT 370971-00003/2-10-1 IPome/Iry-5-2-13/cvh -7- FOR HOTEL INCENTIVE PROGRAM 7.6. GOVERNING LAW. This Agreement shall be governed by the laws of the State of California. 7.7. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall constitute one original and all of which shall be one and the same instrument. 7.8. TERMINATION. The City may terminate this Covenant by providing written notice to Owner that Owner has failed to comply with its obligations under Articles 1, 2, 3, 4 or 5 of this Agreement but only after the City has provided Owner with (a) written notice of default and (b) thirty (30) days to cure such default. Owner may elect to terminate its participation in the Program and this Covenant by providing written notice to the City if the City fails to deliver to Owner any amounts owed to Owner pursuant to the Program within thirty (30) days after Owner's written request for payment. In the event of any termination of this Covenant, Owner (or its successor, as applicable) shall not be obligated to return any amounts previously paid to it by the City pursuant to the Program. [END -- SIGNATURES ON NEXT PAGE] OlN ON SD 0^ ,am o cN� Q m r�v N 0 915229 03/OC OPERATIONS COVENANT 370971-0000312-10.11/d.0rv-5-2-13hvh '$' FOR 1-IOTF.I,FNCENTIVE PROGRAM IN WITNESS WHEREOF, the City and Owner have executed this Operations Covenant by duly authorized representatives on the date first written hereinabove. "CITY" THE CITY OF PALM SPRINGS, a municipal corporation and charter city By: David H. Ready City Manager ATTEST: APPROVED BY CITY COUNCIL James Thompson n City Clerk '�b'�� �pc APPROVED AS TO FORM: WOODRUFF, LIN & SMART N BY. ougla olland, Esq. mom City torney ,u N N°' "OWNER" WA CAM 1Ly KTN f 1 m chi DRIJ 1� t-lal[� By: Name: Title: _ _ C By: Name: Title: — [END OF SIGNATURES] _ 915229.03/OC OPERA PIONS COVENANT 370971-00003/2-10-1 I/dmedry-5-2-13/cA, -9- FOR HOTEL INCEN'I WE PROGRAM ACKNOWLEDGMENT OF INSTRUMENT (Cal. Civil Code Section 1181) State of California ) County of Riverside ) ss. City of Palm Springs ) On May 15, 2014, before me, JAMES THOMPSON, CITY CLERK, CITY OF PALM SPRINGS, CALIFORNIA, personally appeared DAVID H. READY, who I personally know is the CITY MANAGER of the CITY OF PALM SPRINGS whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his official and authorized capacity on behalf of the City of Palm Springs, a California Charter City. 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 the official seal of the City of Palm Springs, California, this 15th day of May, 2014. 4�pALM sA9 iy c+ u n 1 c�M CpIRORREEO E � Signature: Cg41FOQ��Q MES THOMPSON, CITY CLERK City of Palm Springs, California Title or Type of Document Operations Covenant—Walter Family Partnership —A6514 IIIII III III I IIIIII III IIIII IIIII I II I III IIII 05 01 11 of 892�3R ACKNOWLEDGMENT State of California ) County of Riverside ) On April 28, 2014 before me, Joan Bolls (insert name of notary) Notary Public, personally appeared Aftab Dada who proved to me on the basis of satisfactory evidence to be the persons) whose name(a)-is/aT-e- subscribed to the within instrument and acknowledged to me that he/shelthey executed the same in his/herltheir authorized capacity(ies) and that by his/h /�:F•signature(4on the instrument the person(-sj; or the entity upon behalf of which the person(s)racted, executed the instrument. I certify under PENALTY OF PERJURY under the aws of the State of California that the foregoing paragraph is true and correct. JOAN 00us Commission x 1905514 WI SS my hand and official seal. _ Notary Public-California z Riverside County Comm.Ex ires Se 25,2014 Signature (Seal) ACKNOWLEDGMENT m- State of California o County of ) @ow V N m On before me, l m (Insert name of notary) 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 persons) acted, executed the instrument. i 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) 915229.0310C OPERATIONS COVENANT 370971-00003/2-10-11/dme/Iry-5-2-13kvh -to- FOR HOTEL INCENTIVE PROGRAM EXHIBIT "A" LEGAL DESCRIPTION OF SITE That certain real property located in the City of Palm Springs, County of Riverside, State of California, more particularly described as: SEE NEXT PAGE S Cl w N" [D 0, m a o l 0 N N N N C� EXHIBIT°A„ OPERATIONS COVENANT 915229.03/0C FOR HOTEL INCENTIVE PROGRAM 370971-00003/2-10-1 Udmc/Iry -I- Branch :IRV,User:AD02 Comment: Station Id :QY6F EIOLBLT 'A• A LEASERR.D ROTATE GUAM BY THAT CERTAIN "SINESN 111105 P1116-182 RlECV1TD BY JOEN JOSNvE PMEBCLO 584-16, JOEEPH PATRICK PATENCIO 504-17, AID FRIECILLA PAT'RNCIO 194-18, LESBOR BAD JOSHPH D. $MALE ANO BICUARL DETRHE, LE88EE, MR A YORB OF 66 YEARS UPON THE TEANE, CONDITIONS AMU CUWMAM8 TERMS=CONTATNEG, AS DISCL08ED BY M ARAIREMBY OF BUSINESS LEAN; RECORDED MANOR 4. 1917 AN INBTROEBT NO. 35945 OF OFFICIAL ACCORDS, AND AMINI ED BY INYRUWEIMI' RECORDED DLCENBER Is, 1167 All INSTAEmN HO. 356755, OFFICIAL RECORDS, IN AN TO THE MIJANINO DE RM PARCEL OF LAND- . PANO6L b ' PARCEL 1 OT PAML BAP NO. 153", ON FILE IN BOOR 86 OF PASCAL HAVE, PAGE 1GO TTIBABDP, ANDORRE M ELVRRA2DE WUNTY, BYATE OF CALIFORAIA, LDMTED IN THE CITY OP PALM BPINIEOE AND DESCRIBED M FOLLOW$, BNGLNNIWO AT TIN NMT NBNTEBLY COMBER OF BRAD PARCEL 1, $RID COAXER XENRONED BY A NAIL LB4146 TAG NET IN CONCRETE SIDEWALK' T4 = ALONG NN 11"TEALY, SOOTHEELY, EASTERLY AND NORTHERLY 41=3 OF SAID PARCEL 1 TYB IOLLONING EIOXY (8) OOORSEE, e¢i NOVON U0. 04. 11• AAFT, A DISTANCN OF $17.04 FEET, UJ N N AL.OMO A 20.00 NOT WIDE CGRY6. CONCAVE NORTRE118TERLY, THROUGH AR ANGLE OF 90• a o 1B' 06•, A LFRDE OF 21.52 FERT, N NORTH S9. 37' 53•EAST, A DIBTAROE Of 485.15 PEST, N a ALOWG A 20.00 NOT AMIGA CORVL, CONCAVE RORTRBENTERLY, TWIOOOR AR ANGLE OF 69• y~i 41' 10•, A LENGTH OF 31.31 FEET, m NORTH 00. 03' 17• WEAT, A DISTANCE OF 572.76 FEET, MEE ALONG R 30.00 FOOT MDIU9 CUHVY, CONGYR SOUTHWESTERLY, TAP0009 AM AROLB M 89• 41. 40•. A LAWSON OF 31.31 PIT, �� BOATS a9. 44' S7• BEST, A DIVIAH E OF 450.26 FART, - ALLOW A 20.011 FOOT RADIOS CURVE. CONNIVE BWTARARTBR',Y TM000R AM ANGLE OF 90- 19. 04•, A LOOTS OF 31.53 IaT. TO THE MET OF BEGINNING- Ms TITLE, IRA ANO TD THE FOLLOWING DESCRIBED PARCEL M LAND, 4- � PANCEL BI PARCEL 2 M RANTL BAP W. 15314, ON FILE IN SOON 86 OF PARCEL NAPS, PARE 100 TFEENO►, ALLOW M RLVOVIIDE COOMTT, BTATE OF CALIFORNIA, LOCATED IN THE MET NOVEMBER Of PAIK OPINION!AIO DENMIMED AR EOLLOEI P BE AANINR AT W NMWITH CMBF, OF BAIP O, SE 2, BAD OUNNE BRING BODIENTEO ' NY A 3/4• IROM PIPE WITH TK4146 PLASTIC PLO, SET FI.HEE NITS OROOMO, - T@NCE ALONG TIN NM7E6ALY, MAYENLY, B00THEELY AND EABTMPLY LIMB OF SAID BERNIER RIVERSIDE,CA Page 14 of 15 Printed on 10/17/2013 12:07:36 PM Document:AL 1997.1955 Branch :IRV,User:AD02 Comment: Station Id:QY6P . It i I 1 PARCEL 2 THE FOLIANIMO FIVE IB) COURSED, NORTB 89. 9S• 09• MIT, A DISTANCE OF 229.20 FNET'1 BC9'YB 00. 06' 20• EABT, A DISTAK2 OF 299.91 EERY, NG(1RB 89• SB' DO. EAST, A DISTANCE OF 2E9.11 FRET, NOMI DO. OS' 3E• =I, A OIBTANCE OF 280.03 MT1 ALONG A AO.00 FOOT EABIGS WAYS, CDSGVB BOOYBESSTBRLY, THROWS AS ANGLA OF E9- 90' 29-, A LBNOTN OP 31.30 FEET, To FOIST OF masorING. A LEABBROfA EWAYS TREATED BY THAT CERTAIN NOSINESS LEASE PBL-in E18C1FTED ST OIREOTOR, PALM SPRIM On'101, SUBBAU OF IMOIAN AFFAIRS FOR JOAN SNUMM, JR., At.3.OTTiE PS-33, LEERY An JOISTS D. MIS;ISO NICNAEL GRBSNe, IMSE, UPON INS TB ' CONDITIGNB, An OOVNM%M TBERBIN LONTRISEO AE DISCLOSE" By AS ABSIUN,BNT OF NOSIIRSS LEASE, AENRDED NARCB 9, 1971 As INETRon" W. SIT", OFFICIAL R8CORDS, IN Ave To In FOLLOWING OEECI(YBBO PATCRL OF LAND, PARCEL C, PARCBF. 3 of PARCEL MAP SO. 1S319, OR PILE 0 BOOR 86 OP PARCEL NAPS, PM 300 Ttie p, RBCMS OF RIYERe3O1 C011NTY, STAR OF CALIFORRIA, LOCATED IN YES CITY OF PRIX WRISUB An DESGIBW AS F041ANS, n m�� BY A 3ISO AT S P M SITE COANEP AS SAID PARCH: 3, SAID CORIM oR BEING I40NUIRN3'EO BY A 3/9• IRON PIPE NLTM L89198 PLASTIC PLOEr SST ltABN xiTN UROUNDI o G7 m�� THENCE ALONG AR PAATYILY. NORTSSSLY, NESTNRLY AND S001T1IDlLY LINES OF MID PARCEL 3 Flats FOIxUNINO FIVE (5) COMSS, L [u,u 1W11221 00. 04' 3E• NEST. A DISTANCE OF 289.80 PEST, N 0 NORTH B9' AB• 00• YESI. R DIBTANCE W 299.11 F6T7 SOUTH 00' 09' 20• EAST, A DLTTAMCS OF 304.92 FEeT, SOB2H 09. 00' ST• EABT, A OISTASCE OF 229.02 PEST, MIMI SIMON AL0lIG A 20.00 1005 M0IU8 WRVS, Op11GVE MORT381E812ALY, Ylp(OWe AP AMGLE OF 90• , EMPIRE 19. 38•, A Lzaarn OF 31.33 FEET, TO FOIST OF BEGINNING. SNNSN� SESSIONS SSSSSe� NNNNSBN I A N� N� 11 RIVERSIDE,CA Page 15 of 15 Printed on 10/17/2013 12:07:36 PM Document:AL 1997.1955