110425 PW Portion of West Commonwealth Abandonment Purchase Agreement — City Council - Successor Agency

ATTACHMENT 8

REAL ESTATE PURCHASE AGREEMENT

AND JOINT ESCROW INSTRUCTIONS
This Real Estate Purchase Agreement and Joint Escrow Instructions ("Agreement") is dated as of October 23, 2024 and is made by and between the City of Fullerton, a California Municipal Corporation ("Seller"), and Grace Korean Church at Norwalk dba Grace Ministries ("Buyer"), effective as of the date of the last signature on this Agreement ("Acceptance or Effective Date"). For the purposes of this Agreement, Seller and Buyer are hereinafter individually designated sometimes as "Party" and collectively referred to as the "Parties."

RECITALS
A. Seller has a real property interest in the land described on Exhibit "A" and "B" (the "Property").

B. The Fullerton City Council adopted Resolution No. 2023-031 finding and declaring the Property as exempt surplus land because the shape and geography make the property unsuitable for housing.

C. The Seller will convey the Property to the owner of an adjacent property, the Buyer.

D. By this Agreement between the Seller and Buyer, Seller imposes a restriction that the Buyer shall use the land for Open Space purposes only, as reflected as a covenant in the deed for the Property, (Exhibit "C") which shall be recorded in the Official Records of the Orange County Recorder's Office.

NOW, THEREFORE, in consideration of the foregoing recitals, the terms and conditions of this Agreement, and other consideration the sufficiency of which is hereby acknowledged, Buyer and Seller agree as follows:

ARTICLE I: PURCHASE AND SALE

1.01 Purchase and Sale. Buyer agrees to purchase from Seller, and Seller agrees to sell to Buyer, the Seller's interest in the real property described on Exhibit A attached hereto and made a part hereof, and all right, title and interest of Seller, if any, in and to any streets, alleys, roads, strips, gaps or overlaps adjacent thereto (collectively, the "Property"), and subject to and in accordance with the terms and conditions hereafter set forth.

1.02 Purchase Price. Buyer shall pay Seller $43,000.00 (Purchase Price") for the Property, as follows:
$5,000 as an earnest money deposit (together with all interest accruing thereon) (the "Deposit") within three (3) business days after the Acceptance Date of this Agreement, ("Acceptance Date") to be held by Commonwealth Title Company, 4100 Newport Place Drive, Suite 120, Newport Beach, CA 92660, ("Escrow Holder").
(b) Opening of Escrow. Escrow shall be deemed to be open on the date Escrow Holder receives (i) a copy of this Agreement fully executed by Buyer and Seller and, (ii) the Deposit.

Buyer and Seller agree to execute, deliver, and comply with any reasonable or customary supplemental escrow instruction required by Escrow; provided, however, that no such supplemental instructions shall conflict with or be inconsistent with the terms of this Agreement.

In the event of a conflict between the terms hereof and the terms of such standard instructions, the terms hereof shall control.
(c) The balance of the Purchase Price shall be paid at Closing (hereinafter defined) in cash or by check or other immediately available funds.

1.03 Application Fees. Seller agrees that the Purchase Price shall be applied to planning fees related to the Parcel Map and Abandonment of street right of way. Buyer shall be responsible to pay the Zoning and Planning Fees estimated to total $4,600.00 (Planning Fees").

ARTICLE II: TITLE

2.01 Condition of Title; Title Policy. Prior to closing of escrow, Seller, at Seller's sole cost and expense, not to exceed $3,000.00, shall deliver to Buyer a Commitment (the "Commitment" or "Title Report") for the issuance to the Buyer of a standard CLTA Owner's Title Insurance Policy (Title Policy") issued by Commonwealth Title Insurance Company, Attn: Sam Zakarian, 4100 Newport Place Drive, Suite 120, Newport Beach, CA 92660, Phone: (949) 724-5586; and, email:

[email protected] ("Title Company") in the amount equal to of the Purchase Price. Buyer may instead elect to obtain an extended coverage ALTA owner's policy of title insurance ("Extended Coverage") provided: (a) Buyer pays for additional premiums and any other fees and costs attributable thereto, and (b) Buyer shall be solely responsible for the additional requirements for the issuance of the Extended Policy (such as an ALTA survey). The Commitment shall show all liens, defects, encumbrances, assessments, encroachments, reservations and restrictions except (a) zoning ordinances and resolutions; (b) real estate taxes and assessments due and payable on or after the Closing Date (hereinafter defined); (c) easements, agreements and restrictions of record that will not hinder or interfere with the current use of the Property; (d) those created by Buyer; (e) the Leases (as hercinafter defined); and. (f) any mortgages to be fully satisfied and released of record on or before the Closing Date. (Items (a) through (e) are hereinafter referred to as "Permitted Exceptions").

Following the Effective Date, Buyer shall examine and review the underlying documents relating to the Schedule B exceptions set forth in the Title Report and Buyer shall notify Seller in writing on or before the Closing Date of any disapproved matters in the Title Report (excluding Permitted Exceptions). Any matters not so disapproved shall be a part of the Permitted Exceptions.

Seller shall have ten (10) days from delivery of Buyer's notice either to obtain at Seller's cost, as applicable, the issuance of an endorsement to the Title Report removing such disapproved matters) or, if acceptable to Buyer, to obtain affirmative title insurance protection for such disapproved matters satisfactory to Buyer in Buyer's sole discretion. If Seller fails either to provide exceptions satisfactory to Buyer in Buyer's sole discretion within such thirty (30-day) period, then Buyer may terminate this Agreement upon written notice to Seller given at any time prior to Closing.
2 At Closing, the Commitment shall be updated to the Closing Date and shall have all exceptions (including the general, standard and preprinted exceptions) deleted except for the Permitted Exceptions. Seller shall execute and deliver such affidavits, certifications and documents as the Title Company may reasonably and customarily require in order to ensure Buyer's title to the Property as set forth herein.

ARTICLE II: SELLER'S REPRESENTATIONS AND WARRANTIES
Seller represents, warrants, and covenants to Buyer as follows as of the Acceptance Date and Closing (collectively, "Seller's Representations"):

3.01 Authority. Seller is a California municipal corporation. Seller has the full right, power and authority to enter into this Agreement and all documents contemplated hereby, and to consummate the transaction contemplated by this Agreement. All requisite action has been taken by Seller in connection with entering into this Agreement and will be taken by Seller prior to the Closing in connection with the execution and delivery of the instruments referenced herein, and the consummation of the transaction contemplated hereby. Each of the persons and entities signing this Agreement and the other documents contemplated by this Agreement on behalf of Seller has the legal right, power, and authority to bind Seller.

No Conflicts. The execution, delivery and performance by Seller of this Agreement and the instruments referenced herein and the transaction contemplated hereby will not conflict with, or with or without notice or the passage of time or both violate any term or provision of, or constitute a default under any contract, agreement, judicial or administrative order, or any Law to which Seller or any portion of the Property is bound.

Consents; Binding Obligations. No approval or consent is required from any person for Seller to execute, deliver or perform this Agreement or the other instruments contemplated hereby or for Seller to consummate the transaction contemplated hereby. This Agreement and all documents required hereby to be executed by Seller are and shall be valid, legally binding obligations of and enforceable against Seller in accordance with their terms.

ARTICLE IV: BUYER'S REPRESENTATIONS AND WARRANTIES
Buyer represents, warrants, and covenants to Seller as of the Acceptance Date and Closing (collectively, "Buver's Representations"):

4.01 Authority. Buyer is a corporation duly organized, validly existing and in good standing under the laws of the state of its organization. Buyer has the full right, power, and authority to enter into this Agreement and all documents contemplated hereby, and to consummate the transaction contemplated by this Agreement. All requisite action has been taken by Buyer in connection with entering into this Agreement and will be taken by Buyer prior to the Closing in connection with the execution and delivery of the instruments referenced herein, and the consummation of the transaction contemplated hereby. Each of the persons and entities signing this Agreement and the other documents contemplated by this Agrcement on behalf of Buyer has the legal right, power, and authority to bind Buyer.

4.02 No Conflicts. The execution, delivery and performance by Buyer of this Agreement and the instruments referenced herein and the transaction contemplated hereby will not conflict with, or with or without notice or the passage of time or both, result in a breach of, violate any term or provision of, or constitute a default under any articles of formation, bylaws, partnership agreement, operating agreement, indenture, deed of trust, mortgage, contract, agreement (oral or written), judicial or administrative order, or any Law to which Buyer is bound.

4.03 Consents; Binding Obligations. No approval or consent from any person (including any partners, shareholder, member, creditor, investor or governmental body) is required for Buyer to execute, deliver or perform this Agreement or the other instruments contemplated hereby or for Buyer to consummate the transaction at Closing contemplated hereby. This Agreement and all documents required hereby to be executed by Buyer are and shall be valid, legally binding obligations of and enforceable against Buyer in accordance with their terms.

4.04 Deed Restriction. The Property will be used only for the purpose of open space and/or parking. Prior to any change in use other than as set forth in this section, Buyer must apply for and acquire a General Plan and Zoning Amendment. The deed shall include a restriction as set forth herein.

4.05. Trees. Buyer understand and agrees that the removal and installation of trees within the Property is subject to compliance with CEQA and Chapter 9.06 "Community Forestry", and recommendations outlined in the tree assessment titled "Recommendation on Trees for Proposed Grace Ministries International, Commonwealth Parking Lot Expansion", dated February 1, 2024.

ARTICLE V: CLOSING

5.01 Closing. The closing of the transaction described in this Agreement ("Closing") shall be held at Escrow within thirty (30) days after the City Planning Commission has made a finding in compliance with Government Code 65402 that the conveyance contemplated herein is consistent with the City's General Plan and the Seller has processed a vacation of the right of way and subject to this transaction being approved by the Fullerton City Council ("Closing Date"). Buyer shall have the right to extend the closing date by thirty (30) days by giving Seller and Escrow notice of such extension.

5.02 Conveyance. At Closing, Seller shall convey to Buyer all of Seller's rights, title and interest to the Property by executing and delivering a transferable and recordable quit claim deed to Buyer, in the form attached hereto as Exhibit "C. The quit claim deed from the Seller shall contain a restriction that will run with the land that the Property shall remain as open space which shall include the expansion of its current use as a parking lot.

5.03 Proration of Taxes. Seller shall pay all real estate taxes and assessments due and payable as of the Closing Date, if any. Real estate taxes and assessments due and payable after the Closing Date shall be prorated in accordance with the Orange County, California method and computed on the basis of the last available tax roll.
4 5.04 Costs and Prorations. In addition to any other costs set forth herein, Seller shall pay (a) all applicable documentary or other local transfer taxes on the transfer of the Property; (b) one-half of the appraisal fee; (c) one-half of the survey and engineering; (d) the cost of the premium for the Title Policy (excluding ALTA coverage which will be paid by Buyer); and (e) one-half of the Escrow fees. In addition to any other costs set forth herein, Buyer shall pay (a) the cost of recording the deed; (b) one-half of the appraisal fee; (c) one-half of the survey and engineering; and (d) the cost for ALTA extended title insurance coverage (if required by Buyer). All costs not specifically allocated herein shall be allocated in accordance with local customs in Orange County, California.

If the Escrow shall fail to close due to Buyer's default, then Buyer shall pay all Escrow and title cancellation charges. If the Escrow shall fail to close due to Seller default, Seller will pay all Escrow and title cancellation charges.

If the Escrow shall fail to close for any reason other than Seller's or Buyer's default, Buyer and Seller shall each pay one-half (1/2) of any applicable Escrow cancellation charges.

5.05 Brokers. Buyer has engaged Allyn Lean pursuant to a written agreement and a commission shall be paid by Buyer through Escrow pursuant to that agreement at Closing.

5.06 Seller's Deliveries to Escrow. Seller shall deliver to Escrow, the Deed in the form attached hereto as "Exhibit C", described above, and such documents may be required by Escrow or the Title Company to show that Seller has the authority to enter into this transaction.

5.07 Buyer's Deliveries to Escrow. Buyer shall deliver to Escrow, prior to Closing, the balance of the Purchase Price by cash, check or other immediately available funds, and any additional funds required to be paid by Buyer under this section.

5.08 Possession. Seller shall deliver possession of the Property at the Closing.

5.09 Further Assurances. The parties hereto hereby agree to execute such other documents and to take such other action as may reasonably be necessary to further the purposes of the Agreement.

5.10 Electronic Signatures. An electronic signature will be acceptable in lieu of an original signature.

5.11 Authorization to Record Documents and Disburse Funds. Escrow Holder is hereby authorized to record the Quit Claim Deed for the Property in favor of Buyer in the form attached hereto as Exhibit "C", apply funds to costs, deliver any remaining funds to Seller, and provide copies of the tax withholding certificates to Buyer, provided each of the following conditions has then been fulfilled:

5.11.1 Seller has processed a vacation of right of way for the portion of the Property is currently a remnant right of way parcel.

5.11.2 Seller has received a finding of consistency with the General Plan by the City Planning Commission as required by law prior to the transfer.

5.11.3 Seller and Buyer shall have deposited in Escrow the documents and funds required pursuant to this Section, including but not limited to a Plat Map of the Property prepared at the Buyer expense.

Unless otherwise instructed in writing, Escrow Holder is also authorized to record at the Close of Escrow any instrument delivered through Escrow if necessary or proper for the issuance of a Title Policy.

ARTICLE VI: FURTHER AGREEMENTS
Broker. Buyer shall pay any brokerage fees due to any real estate broker, agent or salesperson engaged by Buyer. Seller has no broker, agent or salesperson representing them in this transaction.

6.02 Cooperation and Access. Buyer shall have access to the Property at all reasonable times for the purpose of conducting all inspections.

6.03 Notices. Any All notices and demands required or permitted hereunder shall be in writing and shall be delivered personally, by nationally recognized overnight courier or by ordinary first- class United States mail, postage prepaid, to the following addresses or to such other addresses as the parties may designate in writing:

Seller: City of Fullerton Buyer: Grace Korean Church at Norwalk Attn: City Manager dba Grace Ministries
303 W. Commonwcalth Ave. 1645 W. Valencia Drive
Fullerton, CA 92832 Fullerton, CA 92833
Copy to: Baron J. Bettenhausen Copy to: Richard S. Price, II Jones Mayer Attorney at Law
3777 N. Harbor Blvd. 1235 N. Harbor, #200
Fullerton, CA 92835 Fullerton, CA 92832
All notices shall be deemed to be given upon actual receipt or two (2) business days after mailing, whichever occurs first.

6.04 Condition of Property.

AS IS. BUYER ACKNOWLEDGES THAT IT IS BUYING THE PROPERTY "AS IS", "WHERE IS" AND "WITH ALL FAULTS" AND THAT SELLER MAKES NO

REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE CONDITION OF THE PROPERTY, STRUCTURAL OR OTHERWISE.

Seller hereby represents that Seller has not granted any possessory rights, rights of first refusal, or purchase options, or any similar rights to any third party which would remain outstanding as 6 of the Close of Escrow. Seller hereby represents (a) Seller has disclosed to or made available for review by Buyer, all relevant and requested environment studies, investigation, assessments (including any Phase 1 and Phase II assessments) agreements, reports or documents in Seller's possession pertaining to the past or present environmental condition of the Property (collectively, the "Environmental Reports"); (b) to Seller's knowledge, Seller has not caused or permitted the Property to be used to generate, manufacture, refine, transport, treat, store, use, handle, dispose of, transfer, produce, process, contain or be constructed of a hazardous material, except in compliance with all environmental laws; (c) to Seller's knowledge, no hazardous materials exist in, on, or under the Property, or are migrating from the Property, in violation of environmental laws; (d) to Seller's knowledge, there are no underground injection wells located on the Property; and (e) Seller has not received any written notice from any governmental agency or authority or any other entity or individual, whether governmental or private, concerning or alleging any violation of environmental law or liability of Seller with respect to hazardous materials located on the Property. As used herein, the term "Seller's knowledge" means the actual knowledge of the current City Manager and Public Works Director.

Upon Close of Escrow, Buyer waives any and all claims, remedies and causes of action for damages, liabilities, losses or injuries related to Buyer's acquisition of the Property, whether known or unknown, foresceable or unforeseeable, except to the extent they result from a material misrepresentation by Seller under Seller's express representation above and except as otherwise provided in the documents delivered by Seller at the Close of Escrow. Subject to the foregoing exceptions, Buyer, on behalf of itself and its successors and assigns, hereby fully releases Seller, its successors, agents, representatives and assigns from all claims and causes of action by reason of any damage which has been sustained, or may be sustained, as a result of Buyer's purchase of the Property.

Buyer hereby acknowledges that it has either consulted with legal counsel, or had an opportunity to consult with legal counsel regarding, and represents and warrants that it is familiar with the provisions of, California Civil Code Section 1542, which provides, "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor." Buyer acknowledges that with respect to the sale of the Property, Buyer may have sustained damage, loss, costs or expenses which are presently unknown and unsuspected, and such damage, loss, costs or expenses which may have been sustained, may give rise to additional damage, loss, costs, or expenses in the future; nevertheless, Buyer hereby acknowledges, represents and warrants that this Agreement has been negotiated and agreed upon in light of that situation, and hereby waives, to the maximum legal extent, any rights accruing to it under Section 1542 or other statute or judicial decision of similar effect.

Buyer's Initials
This Section shall survive the Close of Escrow.
7 Partial Invalidity. If any provision of this Agreement, as applied to any party or to any circumstance, shall be found by a court to be void, invalid or unenforceable, the same shall in no way affect any other provision of this Agreement, the application of any such provision in any other circumstance, or the validity or enforceability of this Agreement.

6.06 Time of Essence. Time is expressly declared to be of the essence of this Agreement and of every provision hereof in which time is an element.

6.07 Entire Agreement. This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof, fully supersedes any and all prior understandings, representations, warranties and agreements between the parties hereto, or any of them, pertaining to the subject matter hereof, and may be modified only by written agreement signed by all of the parties hereto.

6.08 Governing Law. This Agreement has been negotiated and entered into in the State of California, and shall be governed by, construed and enforced in accordance with the internal laws of the State of California, applied to contracts made in California, by California domiciliaries to be wholly performed in California.

6.09 Assignment. Neither Buyer nor Seller shall assign any right or interest arising under this Agreement without the prior written consent of the other.

6.10 Counterparts. This Agreement may be executed simultaneously in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

6.11 Authority of City Manager. The City Manager shall have the authority to execute this Agreement, the Quit Claim Deed and all other necessary documents and to give all consents, approvals and notices by the City.

6.12 Survival. The Seller's Representations, Buyer's Representations and the provisions of Article V shall survive beyond Closing.

Buyer: Seller:

Grace Korean Church at Norwalk City of Fullerton, a
dba Grace Ministries Municipal Corporation
Bya Su hit
By:_
Title:_ CFO Tite: CUty Manager
8 EXHIBIT A
Legal Description of Property
EXHIBIT "A"

LEGAL DESCRIPTION

STREET VACATION
BEING A PORTION OF LOT 8, LOT 9, LOT 10 AND COMMONWEALTH AVENUE OF THE STERN AND NICOLAS SUBDIVISION, IN THE CITY OF FULLERTON.

COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 3, PAGE 13, OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE CENTERLINE INTERSECTION OF COMMONWEALTH AVENUE AND BROOKHURST ROAD (SOUTH);
THENCE NORTH 90°00'00" EAST, ALONG THE CENTERLINE OF
COMMONWEALTH AVENUE, 74.84*;
THENCE NORTH 00°00'00" EAST 40.00 FEET TO THE TRUE POINT OF

BEGINNING, SAID POINT BEING ON A LINE PARALLEL WITH AND DISTANT NORTH 40.00 FEET OF SAID CENTERLINE OF COMMONWEALTH AVENUE; THENCE NORTH 90°00 00" EAST, ALONG SAID PARALLEL LINE, 492.07 FEET

TO THE SOUTHWEST LINE OF THE ATCHISON TOPEKA & SANTA FE RAILROAD RIGHT OF WAY, 100 FEET WIDE, AS SHOWN ON SAID MAP; THENCE SOUTH 77°21'00" WEST, ALONG SAID SOUTHWEST LINE, 472.73 FEET TO A POINT IN A LINE PARALLEL WITH AND DISTANT NORTH 80.00

FEET OF THE SOUTH LINE OF LAND DESCRIBED IN THE GRANT DEED TO THE CITY OF FULLERTON RECORDED MAY 3, 1961 IN BOOK 5710, PAGE 255,

OFFICIAL RECORDS OF SAID COUNTY, SAID POINT BEING THE BEGINNING

OF A NON-TANGENT CURVE, CONCAVE NORTHERLY AND HAVING A
RADIUS OF 1160.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 07"34'31" WEST;

THENCE EASTERLY ALONG SAID PARALLEL LINE AND ALONG SAID CURVE 415.89 FEET AND THROUGH A CENTRAL ANGLE OF 20°32'31";
THENCE NORTH 77°02'00" WEST 199.66 FEET TO THE BEGINNING OF A

TANGENT CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF
1540.00 FEET;

THENCE EASTERLY ALONG SAID PARALLEL LINE AND ALONG SAID CURVE 348.52 FEET AND THROUGH A CENTRAL ANGLE OF 1258'00" TO THE TRUE POINT OF BEGINNING;
(DESCRIPTION CONTINUES ON PAGE 2)
PAGE 1 OF 2
SEE PLAT ATTACHED AS EXHIBIT "B" AND BY THIS REFERENCE MADE A PART HEREOF.

SAID DESCRIPTION CONTAIN 0.838 ACRES, MORE OR LESS.

ON POINT LAND SURVEYING, INC. LAND
PREPARED BY: ESSIONAL D.

I
ANTHONY D. SMITH. PI
* No. 813. *
DATE: 7/11/7024
EXP. 12-31-24

WHITE CALIFORNIA
OF
PAGE 2 OF 2
CENTERLINE ATCHISON TOPEKA EXHIBIT "B"
& SANTA FE RAILROAD

COMMONWEALTH AVENUE

ORIGINAL CENTERLINE
BROOKHURST ROAD SEE SHEET 2 MARTHA PLACE
SEE SHEET 2
1401401
COMMONWEALTH AVENUE →

CENTERLINE IMPROVEMENTS STREET VACATION

S LINE DEED TO CITY OF FULLERTON - INDEX DETAIL
REC. 5/3/1961, 5710/255 O.R. SCALE: N.T.S.

SEE SHEET 3 FOR LINE DATA, CURVE DATA &
BASIS OF BEARINGS NOTE.

NORTH REFERENCE FOR ALL VIEWS
& SANTA FE RAILROAD CENTERLINE ATCHISON TOPEKA MATCHLINE SEE SHEET 2 50°
N0000'00"W(R) COMMONWEALTH AVENUE

N LINE OF ORIGINAL CENTERLINE

BROOKHURST ROAD (NORTH)
T.P.O.B. COMMONWEALTH AVE
40'
BROOKHURST ROAD (SOUTH) P.O.C. - INTERSECTION OF

COMMONWEALTH AVE & COMMONWEALTH AVENUE -

CENTERLINE IMPROVEMENTS

BROOKHURST ROAD (SOUTH)

S LINE DEED TO CITY OF FULLERTON
REC. 5/3/1961, 5710/255 O.R
PN: 754-001
EXHIBIT "B" - STREET VACATION

ONAL LAND
D. PREPARED AT THE REQUEST OF GRACE MINISTRIES INTERNATIONAL THIS PLAT IS AN AID IN LOCATING THE PARCEL(S) PREPARED BY:

DESCRIBED IN THE ATTACHED DOGUMENT. AND BY ON POINT LAND No. 8133 * THIS REFERENCE MADE A PART OF THE WRITTEN SURVEYING, INC EXP. 12-31-24 DESCRIPTION THEREIN. SCALE: 1"= 100'

SATE OF CALFORNI
PREPARED BY: DATE: JULY 2024
DATE: 7/11/2024 SHEET 1 OF 3
EXHIBIT "B"
MATCHLINE SEE SHEET 1

ORIGINAL CENTERLINE COMMONWEALTH AVENUE
& SANTA FE RAILROAD CENTERLINE ATCHISON TOPEKA MATCHLINE SEE BELOW (4)
40'
40'
COMMONWEALTH AVENUE NO7 34'31 "W(R)

CENTERLINE IMPROVEMENTS

S LINE DEED TO CITY OF FULLERTON
REC. 5/3/1961, 5710/255 O.R.

MATCHLINE SEE ABOVE MARTHA PLACE

COMMONWEALTH AVENUE

ORIGINAL CENTERLINE NORTH REFERENCE FOR ALL VIEWS

COMMONWEALTH AVENUE

CENTERLINE IMPROVEMENTS
& SANTA FE RAILROAD CENTERLINE ATCHISON TOPEKA
PN: 754-001
EXHIBIT "B" - STREET VACATION
LAND
ROFESSIONAL D. Tans

PREPARED AT THE REQUEST OF GRACE MINISTRIES INTERNATIONAL I THIS PLAT IS AN AID IN LOCATING THE PARCEL(S) PREPARED BY:

DESCRIBED IN THE ATTACHED DOCUMENT. AND BY ON POINT LAND * No. 8133 * THIS REFERENCE MADE A PART QF THE WRITTEN SURVEYING, INC EXP. 12-31-24, DESCRIPTION THEREIN.

SCALE: 1"= 100'

STATE OF CALIFORNIA
PREPARED BY: DATE: JULY 2024
7/11/7026
DATE:_ SHEET 2 OF 3
EXHIBIT "B"
LINE DATA:
• N90'00'00'E 74.84'
2) NOO'00'00"E 40.00'
(3) N90'00'00"E 492.07'
(4) S77'21'00'W 472.73'
(6) N77'02'00"W 199.66'
CURVE DATA:
5) 1=20'32'31" R= 1160.00'
L=415.89' T=210.20'
( A= 12'58'00" R= 1540.00'
L=348.52' T=175.01'
BASIS OF BEARINGS NOTE:

BEARINGS AND DISTANCES SHOWN HEREON ARE BASED

ON CITY OF FULLERTON CONSTRUCTION PLANS FOR
COMMONWEALTH AVENUE UNDERPASS, FILE NO.

MISC 4698.

PN: 754-001
LAND EXHIBIT "B" - STREET VACATION
ESSIONAL D.

SM 19 Nang PREPARED AT THE REQUEST OF GRACE MINISTRIES INTERNATIONAL PROF THIS PLAT IS AN AID IN LOCATING THE PARCEL(S) PREPARED BY:

DESCRIBED IN THE ATTACHED DOCUMENT. AND BY ON POINT LAND No. 8133 * THIS REFERENCE MADE A THE WRITTEN SURVEYING, INC.

PART
EXP. 12-31-24
PARED BY THERE lu SCALE: 1"= 100'
STATE OF CALIFORNIA PREPARED BY:

DATE: JULY 2024
DATE: 7] / 7024
SHEET 3 OF 3
SMARTPRINT. TXT
On Point Land Surveying, Inc.

Closure Report
Date: 07/10/2024 at 2:01 PM
Project:

Description:

Created by: tonyd
Traverse of: Lot 1 - STREET VACATION
Bearing Distance Northing
Easting
Starting at 2263014.6397 6042874.6448
N 90 00 00 E 492.07' to 2263014.6397
6043366.7148
S 77 21 00 E 472.73' to 2262911.1142
6043827.9697
N 07 34 31 W (R) 1160.00' to 2264060.9904 6043675.0485
Delta = 20 32 31 Radius = 1160.00 Length = 415.89'
Chord = N 87 18 15 W 413.66' Tangent = 210. 20'
S 12 58 00W (R) 1160.00' to 2262930.5703 6043414.7675
N 77 02 00 W 199.66' to 2262975.3708
6043220.1987
S 12 58 00 W (R) 1540.00' to 2261474.6396 6042874.6471
Delta = Radius = 1540.00 ' Length = 348.52'
Chord = N 83 31 00 W 347.78' Tangent = 175.01'
N 00 00 00W (R) 1540. 00' to 2263014.6401 6042874.6429
Error of closure North = 0.00042754 = 0.00191962
S 77 26 38 Distance = 0.0020
Area = 36,514.92 SF 0.838 Acres
Perimeter = 1,928.87' Precision = 1: 980786

Page 1 ends

EXHIBIT C
Recording Requested by
and Return to:

City Clerk
City of Fullerton
303 West Commonwealth Avenue
Fullerton, CA 92632
Mail tax statements to:

EXEMPT
Documentary Transfer Tax
$
Computed on the consideration or value of property conveyed; or Computed on the consideration or value less liens or encumbrances remaining at time of sale

CORPORATION QUITCLAIM DEED
For valuable consideration, receipt of which is acknowledged, the City of Fullerton, a municipal corporation ("Grantor") does hereby REMISE, RELEASE AND QUITCLAIM to Grace Korean Church at Norwalk dba Grace Ministries ("Grantee") the real property in the City of Fullerton, Orange County, California, described on the attached Exhibit A and Exhibit B, incorporated into this Deed (the "Property"). This Grant is solely made to Grantee for open space purposes, however, an expansion of the current parking lot is an acceptable open space purpose under this Grant. In the event Grantee desires to use the Property for any use other than Open Space, Grantee must first apply for a General Plan and Zoning Amendment and any other entitlement legally required for such use.

Dated as of
GRANTOR: CITY OF FULLERTON
By:

Eric Levitt, City Manager
2 EXHIBIT "A"

LEGAL DESCRIPTION

STREET VACATION
BEING A PORTION OF LOT 8, LOT 9, LOT 10 AND COMMONWEALTH AVENUE

OF THE STERN AND NICOLAS SUBDIVISION, IN THE CITY OF FULLERTON, COUNTY OF ORANGE. STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 3, PAGE 13, OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING, SAID POINT BEING ON A LINE PARALLEL WITH AND DISTANT NORTH 40.00 FEET OF SAID CENTERLINE OF COMMONWEALTH AVENUE; THENCE NORTH 90°00'00" EAST, ALONG SAID PARALLEL LINE, 492.07 FEET

TO THE SOUTHWEST LINE OF THE ATCHISON TOPEKA & SANTA FE RAILROAD RIGHT OF WAY, 100 FEET WIDE, AS SHOWN ON SAID MAP; THENCE SOUTH 7721'00" WEST, ALONG SAID SOUTHWEST LINE, 472.73 FEET TO A POINT IN A LINE PARALLEL WITH AND DISTANT NORTH 80.00

FEET OF THE SOUTH LINE OF LAND DESCRIBED IN THE GRANT DEED TO THE CITY OF FULLERTON RECORDED MAY 3, 1961 IN BOOK 5710, PAGE 255,

OFFICIAL RECORDS OF SAID COUNTY, SAID POINT BEING THE BEGINNING

OF A NON-TANGENT CURVE, CONCAVE NORTHERLY AND HAVING A
RADIUS OF 1160.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 07°34'31" WEST;

THENCE EASTERLY ALONG SAID PARALLEL LINE AND ALONG SAID CURVE 415.89 FEET AND THROUGH A CENTRAL ANGLE OF 20°32'31";
THENCE NORTH 77°02'00" WEST 199.66 FEET TO THE BEGINNING OF A

TANGENT CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF
1540.00 FEET;

SAID DESCRIPTION CONTAIN 0.838 ACRES, MORE OR LESS.

ON POINT LAND SURVEYING, INC. LAND
PREPARED BY: FESS IONAL D.

ANTHONY SURV
ANTHONY D. SMITH, PLS 8133
No. 8133 *
DATE:

EXP. 12-31-24

JITTE OF CALIFORN
PAGE 2 OF 2
CENTERLINE ATCHISON TOPEKA EXHIBIT "B"
& SANTA FE RAILROAD

COMMONWEALTH AVENUE

ORIGINAL CENTERLINE
50°
BROOKHURST ROAD 50• SEE SHEET 2 MARTHA PLACE
SEE SHEET 2
40140
COMMONWEALTH AVENUE →
CENTERLINE IMPROVEMENTS 1

STREET VACATION

S LINE DEED TO CITY OF FULLERTON - INDEX DETAIL
REC. 5/3/1961, 5710/255 O.R SCALE: N.T.S.

SEE SHEET 3 FOR LINE DATA, CURVE DATA &
BASIS OF BEARINGS NOTE.

NORTH REFERENCE FOR ALL VIEWS
& SANTA FE RAILROAD CENTERLINE ATCHISON TOPEKA MATCHLINE SEE SHEET 2 NOO 00'00"W(R) COMMONWEALTH AVENUE

N LINE OF ORIGINAL CENTERLINE

BROOKHURST ROAD (NORTH)
T.P.O.B. COMMONWEALTH AVE
40'
BROOKHURST P.O.C. - INTERSECTION OF

COMMONWEALTH AVE & COMMONWEALTH AVENUE

BROOKHURST ROAD (SOUTH) CENTERLINE IMPROVEMENTS

S LINE DEED TO CITY OF FULLERTON -
REC. 5/3/1961, 5710/255 O.R
PN: 754-001
EXHIBIT "B" - STREET VACATION

TONAL LAND
ESS D.

ANTHONY SURVEY PREPARED AT THE REQUEST OF GRACE MINISTRIES INTERNATIONAL I THIS PLAT IS AN AID IN LOCATING THE PARCELS) PREPARED BY:

DESCRIBED IN THE ATTACHED DOCUMENT. AND BY ON POINT LAND * No. 8133 * THIS REFERENCE MADE A PART OF THE WRITTEN SURVEYING, INC.

EXP. 12-31-24 DESCRIPTION THEREIN. SCALE: 1"= 100'

SATE OF CAL TORE PREPARED
BY: DATE: JULY 2024
DATE: 7/11/2024 SHEET 1 OF 3
EXHIBIT "B"
MATCHLINE SEE SHEET 1

ORIGINAL CENTERLINE COMMONWEALTH AVENUE
& SANTA FE RAILROAD CENTERLINE ATCHISON TOPEKA MATCHLINE SEE BELOW (4)
40'
40'
COMMONWEALTH AVENUE \NOZ'34'31 "W(R)

CENTERLINE IMPROVEMENTS

S LINE DEED TO CITY OF FULLERTON
REC. 5/3/1961, 5710/255 O.R.

MATCHLINE SEE ABOVE MARTHA PLACE

COMMONWEALTH AVENUE

ORIGINAL CENTERLINE NORTH REFERENCE FOR ALL VIEWS

COMMONWEALTH AVENUE

CENTERLINE IMPROVEMENTS
— CENTERLINE ATCHISON TOPEKA & SANTA FE RAILROAD
PN: 754-001
EXHIBIT "B" - STREET VACATION
ONAL

AND SURVEYOR SM, PREPARED AT THE REQUEST OF GRACE MINISTRIES INTERNATIONAL

PROF THIS PLAT IS AN AID IN LOCATING THE PARCEL(S)
DESCRIBED IN THE ATTACHED DOCUMENT. AND BY
No. 8133 *
EXP. 12-31-24 DESCRIPTION THEREIN. SCALE: 1"= 100'

SATE OF CAL FOREN
PREPARED BY: DATE: JULY 2024
DATE:_ SHEET 2 OF 3
EXHIBIT "B"
LINE DATA:

N90'00'00"E 74.84'
2 NOO•00'00"E 40.00'
3) N90º00'00"E 492.07'
(4) 577'21'00'W 472.73'
6) N77'02'00"W 199.66'
CURVE DATA:
(5) 4=20'32'31 " R= 1160.00'
L=415.89' T=210.20'
1= 12'58'00" R= 1540.00'
L=348.52' T=175.01'
BASIS OF BEARINGS NOTE:

BEARINGS AND DISTANCES SHOWN HEREON ARE BASED

ON CITY OF FULLERTON CONSTRUCTION PLANS FOR
COMMONWEALTH AVENUE UNDERPASS, FILE NO.

MISC 4698.

PN: 754-001
EXHIBIT "B" - STREET VACATION
LAND

ESSIONAL

ANTHONY D SURVEY PREPARED AT THE REQUEST OF GRACE MINISTRIES INTERNATIONAL PROF I THIS PLAT IS AN AID IN LOCATING THE PARCEL(S) PREPARED BY:

DESCRIBED IN THE ATTACHED DOCUMENT. AND BY ON POINT LAND * •THE WRITTEN SURVEYING, INC
No. 8133
EXP. 12-31-24, SCALE: 1"= 100'

SINTE OF CALIFORN
PREPARED BY:_ DATE: JULY 2024
DATE: 111/7024 SHEET 3 OF 3
SMARTPRINT.TXT
On Point Land Surveying, Inc.

Closure Report
Date: 07/10/2024 at 2:01 PM
Project:

Description:

Created by: tonyd
Traverse of: Lot 1 - STREET VACATION
Bearing Distance Northing Easting
Starting at 2263014.6397 6042874.6448
N 90 00 00 E 492.07' 2263014.6397
6043366.7148
S 77 21 00 E 472.73' to 2262911.1142 6043827.9697
N 07 34 31W (R) 1160.00' to 2264060.9904 6043675.0485
Delta = 20 32 31 Radius = 1160.00 ' Length = 415.89'
Chord = N 87 18 15 W 413.66' Tangent
= 210.20'
S 12 58 00 W (R) 1160.00' to 2262930.5703 6043414.7675
N 77 02 00 W 199.66' to 2262975.3708 6043220.1987
S 12 58 00W (R) 1540. 00' to 2261474.6396 6042874.6471
Delta = 12 58 00 Radius = 1540. 00' Length = 348.52'
Chord = N 83 31 00 W 347.78' Tangent = 175.01'
N 00 00 00 W (R) 1540.00' to 2263014.6401 6042874.6429
Error of closure North = 0.00042754 East = 0.00191962
Bearing S 77 26 38 Distance = : 0.0020
Area = 36,514.92 SF 0.838 Acres
Perimeter = 1,928.87' Precision = 1: 980786

Page 1 ends

EXHIBIT C
Recording Requested by
and Return to:

City Clerk
City of Fullerton
303 West Commonwealth Avenue
Fullerton, CA 92632
Mail tax statements to:

EXEMPT
Documentary Transfer Tax
$
Computed on the consideration or value of property conveyed; or Computed on the consideration or value less liens or encumbrances remaining at time of sale

Dated as of
GRANTOR: CITY OF FULLERTON
By:

Eric Levitt, City Manager
2 EXHIBIT "A"

LEGAL DESCRIPTION

STREET VACATION
BEING A PORTION OF LOT 8, LOT 9, LOT 10 AND COMMONWEALTH AVENUE

OF THE STERN AND NICOLAS SUBDIVISION, IN THE CITY OF FULLERTON,

COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 3, PAGE 13, OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE CENTERLINE INTERSECTION OF COMMONWEALTH AVENUE AND BROOKHURST ROAD (SOUTH);
THENCE NORTH 90°00'00" EAST, ALONG THE CENTERLINE OF
COMMONWEALTH AVENUE, 74.84';
THENCE NORTH 00°00'00" EAST 40.00 FEET TO THE TRUE POINT OF

BEGINNING, SAID POINT BEING ON A LINE PARALLEL WITH AND DISTANT NORTH 40.00 FEET OF SAID CENTERLINE OF COMMONWEALTH AVENUE; THENCE NORTH 90°00 00" EAST, ALONG SAID PARALLEL LINE, 492.07 FEET

FEET OF THE SOUTH LINE OF LAND DESCRIBED IN THE GRANT DEED TO THE CITY OF FULLERTON RECORDED MAY 3, 1961 IN BOOK 5710, PAGE 255,

OFFICIAL RECORDS OF SAID COUNTY, SAID POINT BEING THE BEGINNING

OF A NON-TANGENT CURVE, CONCAVE NORTHERLY AND HAVING A
RADIUS OF 1160.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 07°34'31" WEST;

THENCE EASTERLY ALONG SAID PARALLEL LINE AND ALONG SAID CURVE 415.89 FEET AND THROUGH A CENTRAL ANGLE OF 20°32'31";
THENCE NORTH 77°02'00" WEST 199.66 FEET TO THE BEGINNING OF A

TANGENT CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF
1540.00 FEET;

SAID DESCRIPTION CONTAIN 0.838 ACRES, MORE OR LESS.

ON POINT LAND SURVEYING, INC. LAND
PREPARED BY: ESSIONAL

HILING CURLEYOR
ANTHONY D. SMITH. PLS 8133
No. 8133 *
7/11. 2024 EXP. 12-31-24

SATE CALIFORNIA
OF
PAGE 2 OF 2
CENTERLINE ATCHISON TOPEKA EXHIBIT "B"
& SANTA FE RAILROAD

COMMONWEALTH AVENUE

ORIGINAL CENTERLINE

MARTHA PLACE
BROOKHURST ROAD SEE SHEET 2
SEE SHEET 2
140140
COMMONWEALTH AVENUE 7
CENTERLINE IMPROVEMENTS • STREET VACATION

S LINE DEED TO CITY OF FULLERTON - INDEX DETAIL
REC. 5/3/1961, 5710/255 O.R SCALE: N.T.S.

SEE SHEET 3 FOR LINE DATA, CURVE DATA &
BASIS OF BEARINGS NOTE.

NORTH REFERENCE FOR ALL VIEWS
50•
& SANTA FE RAILROAD CENTERLINE ATCHISON TOPEKA MATCHLINE SEE SHEET 2 50•
N00:00'00"W(R) COMMONWEALTH AVENUE

N LINE OF ORIGINAL CENTERLINE

BROOKHURST ROAD (NORTH)
T.P.O.B. COMMONWEALTH AVE
40'
BROOKHURST ROAD (SOUTH) P.O.C. - INTERSECTION OF

COMMONWEALTH AVE & COMMONWEALTH AVENUE -

CENTERLINE IMPROVEMENTS

BROOKHURST ROAD (SOUTH)

S LINE DEED TO CITY OF FULLERTON -
REC. 5/3/1961, 5710/255 O.R
PN: 754-001
EXHIBIT "B" - STREET VACATION

ESSIONAL LAND

PREPARED AT THE REQUEST OF GRACE MINISTRIES INTERNATIONAL PROF I THIS PLAT IS AN AID IN LOCATING THE PARCEL(S) PREPARED BY:

DESCRIBED IN THE ATTACHED DOCUMENT. AND BY ON POINT LAND * * THIS REFERENCE MADE A PART OF THE WRITTEN SURVEYING, INC.

No. 8133
EXP. 12-31-24 DESCRIPTION THEREIN SCALE: 1"= 100'

STATE CALIFORNIA
OF PREPARED BY:_ DATE: JULY 2024
DATE: 7/11/2024 SHEET 1 OF 3
EXHIBIT "B"
MATCHLINE SEE SHEET 1

GRIGION CENTER NENUE ORIGINAL CENTERLINE
& SANTA FE RAILROAD CENTERLINE ATCHISON TOPEKA MATCHLINE SEE BELOW 4)
COMMONWEALTH AVENUE \NO7 34'31 "W(R)

CENTERLINE IMPROVEMENTS

SLINE DEED TO CITY OF FULLERTON
REC. 5/3/1961, 5710/255 O.R.

MATCHLINE SEE ABOVE MARTHA PLACE

COMMONWEALTH AVENUE
ORIGINAL CENTERLINE • NORTH REFERENCE FOR ALL VIEWS

COMMONWEALTH AVENUE

CENTERLINE IMPROVEMENTS
- CENTERLINE ATCHISON TOPEKA & SANTA FE RAILROAD
50•
PN: 754-001
EXHIBIT "B" - STREET VACATION

ESSIONAL LAND
ANTHONY D. SM, PREPARED AT THE REQUEST OF GRACE MINISTRIES INTERNATIONAL SURVEYOR PREPARED BY:

I THIS PLAT IS AN AID IN LOCATING THE PARCEL(S)
DESCRIBED IN THE ATTACHED DOCUMENT. AND BY ON POINT LAND * * THIS REFERENCE MADE A PART QF THE WRITTEN SURVEYING, INC.

No. 8133
EXP. 12-31-24/ DESCRIPTION THEREIN SCALE: 1"= 100'
STATE OF CALIFORNIA PREPARED BY:_ DATE: JULY 2024
DATE: 7/11/2024 SHEET 2 OF 3
EXHIBIT "B"
LINE DATA:

N90'00'00"E 74.84'
2 NOO'00'00"E 40.00'
3) N90'00'00"E 492.07'
1 S77'21'00'W 472.73
6 N77'02'00'W 199.66'
CURVE DATA:
5) 4=20'32'31 " R= 1160.00'
L=415.89' T=210.20'
1 1=12'58'00" R= 1540.00'
L=348.52' T=175.01'
BASIS OF BEARINGS NOTE:

BEARINGS AND DISTANCES SHOWN HEREON ARE BASED

ON CITY OF FULLERTON CONSTRUCTION PLANS FOR
COMMONWEALTH AVENUE UNDERPASS, FILE NO.

MISC 4698.

PN: 754-001
EXHIBIT "B" - STREET VACATION

SSIONAL LAND
D.

SURVEY PREPARED AT THE REQUEST OF GRACE MINISTRIES INTERNATIONAL PROF THIS PLAT IS AN AID IN LOCATING THE PARCEL(S) PREPARED BY:

DESCRIBED IN THE ATTACHED DOCUMENT. AND BY ON POINT LAND No. 8133 * DES REFERENCE MADE A PARTI • THE WRITTEN SURVEYING, INC EXP. 12-31-24 DESCRIPTION THEREIN. SCALE: 1"= 100'
STATE OF CALIFORNIA PREPARED BY:

DATE: JULY 2024
DATE: 211/7024 SHEET 3 OF 3
SMARTPRINT.TXT
On Point Land Surveying, Inc.

Closure Report
Date: 07/10/2024 at 2:01 PM
Project:

Description:

Created by: tonyd
Traverse of: Lot 1 - STREET VACATION
Bearing Distance Northing Easting
Starting at 2263014.6397 6042874.6448
N 90 00 00 E 492.07' to 2263014.6397 6043366.7148
S 77 21 00 E 472.73' to 2262911.1142 6043827.9697
N 07 34 31W (R) 1160.00' to 2264060.9904 6043675.0485
Delta = 20 32 31 Radius = 1160.00 ' Length = 415.89'
Chord = N 87 18 15 W 413.66' Tangent = 210. 20'
S 12 58 00 W (R) 1160.00' to 2262930.5703 6043414.7675
N 77 02 00 W 199.66' to 2262975.3708 6043220.1987
S 12 58 00 W (R) 1540.00 ' to 2261474.6396 6042874.6471 Delta = 12 58 00 Radius = 1540.00 ' Length = 348.52'
Chord = N 83 31 00 W 347.78' Tangent = 175. 01'
N 00 00 00 W (R) 1540.00' to 2263014.6401 6042874.6429
Error of closure North = 0.00042754 East = 0.00191962
Bearing S 77 26 38 Distance = 0.0020
Area = 36,514.92 SF 0.838 Acres
Perimeter = 1,928.87' Precision = 1: 980786

Page 1 ends

EXHIBIT C
Recording Requested by
and Return to:

City Clerk
City of Fullerton
303 West Commonwealth Avenue
Fullerton, CA 92632
Mail tax statements to:

EXEMPT
Documentary Transfer Tax
$
Computed on the consideration or value of property conveyed; or Computed on the consideration or value less liens or encumbrances remaining at time of sale

CORPORATION QUITCLAIM DEED
For valuable consideration, receipt of which is acknowledged, the City of Fullerton, a municipal corporation ("Grantor") does hereby REMISE, RELEASE AND QUITCLAIM to Grace Korean Church at Norwalk dba Grace Ministries (Grantee") the real property in the City of Fullerton, Orange County, California, described on the attached Exhibit A and Exhibit B, incorporated into this Deed (the "Property"). This Grant is solely made to Grantee for open space purposes, however, an expansion of the current parking lot is an acceptable open space purpose under this Grant. In the event Grantee desires to use the Property for any use other than Open Space, Grantee must first apply for a General Plan and Zoning Amendment and any other entitlement legally required for such use.