Cities Index.
Agreement

Riverside City Council
November 14, 2023

Document
Agreement
Meeting
November 14, 2023
Body
Riverside City Council
Pages
4
Original file
15.4 MB
Text extracted from the city's file for reading and search. Open the original on riversideca.legistar1.com. That file is the official record.

PURCHASE, SALE, AND DEVELOPMENT AGREEMENT
JAMES E. THORNELL
3472 Farnham Place; Assessor Parcel Number 233-062-011
3473 Farnham Place; Assessor Parcel Number 233-062-010
9384 Martha Way; Assessor Parcel Number 233-074-009
This Purchase, Sale, and Development Agreement (Agreement") is entered into this 2023 ("Effective Date"), by and between the CITY OF
VERSIDE, a California charter city and municipal corporation, ("Seller") and JAMES E THORNELL, an individual ("Buyer"). In consideration of the mutual covenants an agreements, the parties agree to the following terms and conditions:

ARTICLE I

AGREEMENT OF SALE

1.1 Property. Seller owns in fee the vacant land located at 3472 Farnham Place, Riverside, California, Riverside County Assessor Parcel Number 233-062-011; 3473 Farnham Place, Riverside, California, Riverside County Assessor Parcel Number 233-062-010; and 9384 Martha Way, Riverside, California, Riverside County Assessor Parcel Number 233-074-009 (collectively, "Property"), more particularly described in the legal description and plat attached hereto and marked as Exhibit "A" and incorporated herein by reference.

1.2 Intention. Buyer desires to purchase in fee the Property from Seller and desires to construct the following residences (collectively, the "Project"):

1.2.1 3472 Farnham Place, Riverside, California, Riverside County Assessor Parcel Number 233-062-011; a single-family residence consisting of a 1506 square foot house with three bedrooms, two full baths, an indoor laundry room and a two car garage;

1.2.2 3473 Farnham Place, Riverside, California, Riverside County Assessor Parcel Number 233-062-010; a single-family residence consisting of a 1506 square foot house with three bedrooms, two full baths, an indoor laundry room and a two car garage; and

1.2.3 9384 Martha Way, Riverside, California, Riverside County Assessor Parcel Number 233-074-009; a single-family residence consisting of a 1506 square foot house with three bedrooms, two full baths, an indoor laundry room and a two car garage.

Seller desires to sell and convey the Property to Buyer.

1.3 Due Diligence. Buyer shall have thirty 30) calendar days from the Effective Date ("Contingency Date") to perform, in its sole discretion, its due diligence review of the condition of Property and all other matters concerning the Property, including without limitation, condition of title, economic, financial, and accounting matters relating to or affecting the Property or its value, and the physical and environmental condition of the Property. Prior to the Contingency Date, Buyer shall have made such inquiries, communicated with local, state and federal government agencies as it sees fit, retained such consultants, and taken such actions as Buyer deems necessary or appropriate to enter into this Agreement. Should Buyer, its contractors, consultants and agents require entry upon the Property for the purpose of surveying the same, making engineering and environmental tests and conducting such other investigations as approved by Seller, Buyer shall first obtain a Right of Entry from Seller and provide such insurance as Seller may require and hold Seller harmless from any liability which may arise due solely to such entry. Seller authorizes Buyer to make all inquiries of appropriate governmental authorities with respect to the Property, as Buyer, in its good faith and reasonable judgment deems necessary to satisfy itself as to the condition of title to the Property and the feasibility of any proposed development on the Property. On or before the Contingency Date, Buyer shall deliver written notice to Seller accepting the Property or terminating this Agreement. If Buyer fails to give such notice on or before the Contingency Date, Buyer shall be deemed to have accepted the Property and proceed with this Agreement.

Seller shall provide copies of any due-diligence items to Buyer within three (3) business days following the Effective Date of this Agreement.

Assumption of the Risk. Subject to the other provisions of this Agreement, Buyer agrees, that by its acceptance of the Property under Section 1.3, it assumes the risk that an adverse condition of the Property may not have been revealed by its own Due Diligence. On Buyer's acceptance, Seller shall have no obligation to repair, correct, or compensate Buyer for any condition of the Property, including defects in improvements, noncompliance with applicable laws and regulations, including without limitation zoning laws, building codes, and the Americans with Disabilities Act, whether or not such condition of the Property would have been disclosed by Buyer's Due Diligence.

Incomplete Legal Description. If the legal description of the Property is not complete or is inaccurate, this Agreement shall not be invalid and the legal description shall be completed or corrected to meet the requirements of the title company to issue a title policy hereinafter described.

ARTICLE II

PURCHASE PRICE, ESCROW, DEPOSIT AND BUYER'S OBLIGATION
Property shall be the sum of One Hundred Fifty Thousand Dollars ($150,000.00) ("Purchase Price"). The Purchase Price shall be payable by Buyer to Seller in immediately available funds in accordance with the provisions and requirements of this Agreement. The Purchase Price shall be the full fair market consideration for the Property.

2.2 Escrow. Within five (5) calendar days following the Effective Date, Seller shall open an escrow ("Escrow") with Cornerstone Escrow, Inc., 110 N. Lincoln Avenue, Suite 303, Corona, California 92882, Attention: Sandi Ali ("Escrow Holder") as the escrow holder, for the purpose of consummating this Agreement. The parties hereto shall execute and deliver to Escrow Holder such escrow instructions prepared by Escrow Holder as may be required to complete this transaction. Any such instructions shall not conflict with, amend, or supersede any provision of 2 this Agreement. If there is any inconsistency between such instructions and this Agreement, this Agreement shall control.

2.3 Deposit. Within ten (10) calendar days following the Effective Date, Buyer shall deliver a deposit in the amount of Fifteen Thousand Dollars ($15,000.00) ("Deposit") to the Escrow Holder which will be applied towards the Purchase Price at the Close of Escrow; subject, however, to the Seller's right to liquidated damages as set forth in Section 6.1 in the event of Buyer's default. After thirty (30) calendar days following the Contingency Date, Buyer's Deposit shall become non-refundable but shall still be applied towards the Purchase Price at the Close of Escrow. If this Agreement is terminated after Buyer's Due Diligence Period, the Deposit shall be released to Seller unless the parties agree to further extend the Agreement.

2.4 Buyer's Approval Period. Within ninety (90) calendar days following the Effective Date, Buyer shall submit an application to the Planning Division of the City of Riverside's Community & Economic Development Department for:

Project Design Review of Buyer's proposed development of the Project including specific site plan and preliminary elevations ("Project Design"); (b) Entitlements and environmental clearance for the Project including any anticipated conditional use permits and/or variances ("Project Entitlements"); and Any other documents or applications required for the development of the Project.

ARTICLE III

CLOSING
Closing Date. This transaction shall close within ninety (90) calendar days from the earlier of either the Contingency Date or when Buyer delivers written notice to Seller accepting the Property or terminating this Agreement ("Close of Escrow"). If the transaction is not in a condition to close by the Close of Escrow, any party who is not then in default, upon notice in writing to the other party, may demand the return of their documents and/or money and cancellation of the transaction. Unless objected to in writing within ten (10) calendar days from the receipt of the notice of cancellation, the transaction will automatically be canceled. If no demand for cancellation is made, then the transaction will close as soon as possible.

Notwithstanding the foregoing, the Close of Escrow may be extended by mutual agreement if the parties are diligently attempting to resolve the issue(s) that may be preventing or delaying the Close of Escrow.

3.2 Closing Documents.

3.2.1 Seller, prior to the Close of Escrow, shall deliver or execute to each of the following items, the delivery or execution of which shall be a condition to the performance by Buyer of its obligations under this Agreement:
3 (a) a grant deed sufficient for recording, conveying the Property; (b) a covenant sufficient for recording regarding affordable housing in the same form as set forth in Exhibit "B," attached hereto and incorporated herein by this reference; and
(c) all additional documents and instruments which may be reasonably necessary for the Close of Escrow and to consummate the sale of the Property in accordance with the terms of this Agreement.

3.2.2 Buyer, prior to the Close of Escrow, shall deliver each of the following items, the delivery of which shall be a condition to the performance by Seller of its obligations under this Agreement:
(a) The Purchase Price and other cash charges provided for in this Agreement;
Copies of Buyer's authority documents and/or such other documents evidencing Buyer's due existence and authority to enter into and consummate the transaction contemplated by this Agreement as Seller may require;
(c) Evidence of Project Entitlements;
All additional documents and instruments which may be
reasonably necessary for the Close of Escrow and to consummate the sale of the Property in accordance with the terms of this Agreement.

Taxes. Buyer understands and acknowledges that Seller, as a municipal corporation, is not being assessed for any real property taxes or for any special assessments.

However, upon the Close of Escrow, Buyer understands and acknowledges that real property taxes and special assessments will be assessed against the Property and Buyer will be responsible for the same. Buyer agrees to hold Seller harmless for any and all real property taxes and/or special assessments on the Property assessed on and after Close of Escrow.

3.4 Condition of Title. Seller shall convey fee simple merchantable and insurable title of the Property to Buyer free and clear of all liens, restrictions, delinquent taxes and assessments, and encumbrances as evidenced by a CLTA Title Insurance Policy ("Title Policy") issued by a title insurance company to be selected by Buyer in an amount equal to the purchase price. The Title Policy shall show as exceptions with respect to the Property only matters approved in writing by Buyer. Any exceptions to title representing monetary liens or encumbrances may, at the discretion of Buyer, be disapproved by Buyer, and upon the direction of the Buyer, Escrow Holder is hereby authorized and instructed to cause the reconveyance or partial reconveyance, as the case may be, of any such monetary exceptions to Buyer's title to the Property at or prior to the Close of Escrow.
4 3.5 Costs.

3.5.1 At the Close of the Escrow, Seller shall be responsible for: (i) the cost for a CLTA Standard form policy of title insurance from USA National Title Company, 7095 Indiana Avenue, Suite 100, Riverside, California 92506. At the Close of Escrow, Buyer shall be responsible for (i) the difference between the costs for a CLTA Standard form policy of title insurance and a an ALTA Extended Coverage Title Insurance policy, both from USA National Title Company, 7095 Indiana Avenue, Suite 100, Riverside, California 92506, if such additional title insurance is requested by Buyer; (i) all recording fees and any and all state, county, and local governmental transfer taxes, documentary or otherwise, and/or the cost of documentary stamps to be affixed to the instrument or instruments of conveyance; (iii) the cost of an extended ALTA owners title policy and associated costs; (iv) any taxes disclosed in Section 3.3; and (v) any other expenses customarily charged to Buyer in connection with similar transactions including Buyer's broker fees, costs, and commissions, and its own attorney's fees.

Brokerage Commissions. The Parties each represent and warrant to the other that neither has dealt with any broker or finder in connection with this Agreement or execution hereof other than Knoblach Realty, Inc., Broker DRE #02180999, 15285 Washington Street, Riverside, CA 92506, which represents the broker. All broker fees shall be paid by Buyer at Close of Escrow. If any broker or finder perfects a claim for a commission or finder's fee based on any contract, dealings, or communication with a party (Indemnifying Party), then the Indemnifying Party shall indemnify, defend, and hold the other party (Non-indemnifying Party) harmless from all costs and expenses (including reasonable attorney fees and costs of defense) incurred by the Non-indemnifying Party in connection with such claim.

3.7 Closing Conditions. Buyer's obligation to consummate the transaction contemplated by this Agreement is subject to the satisfaction of the following conditions for Buyer's benefit (or Buyer's waiver thereof) on or prior to the Close of Escrow.

3.7.1 Seller's Obligations. As of the Close of Escrow, Seller shall have performed all of the obligations required to be performed by Seller under this Agreement and all of Seller's representations and warranties shall be true and correct when made and as of the Close of Escrow.

3.7.2 Entitlements. Buyer shall have obtained all final, non-appealable and non- discretionary entitlements required to develop the Project, as referenced herein.

3.7.3 Title Policy. Title Company shall be irrevocably committed to issue the Title Policy subject only to those exceptions approved in writing by Buyer pursuant to Section

3.4 herein.

ARTICLE IV
"AS-IS" PURCHASE

4.1 As-Is Information. Buyer acknowledges, agrees, represents, and warrants that:
(a) any information supplied or made available by Seller, whether written or oral, or in the form 5 of maps, surveys, plats, soils reports, engineering studies, environmental studies, inspection reports, plans, specifications, or any other information whatsoever, without exception, pertaining to the Property, any and all records and other documents pertaining to the use of the Property, income thereof, the cost and expenses of maintenance thereof, and any and all other matters concerning the condition, suitability, integrity, marketability, compliance with law, or other attributes or aspects of the Property, or a part thereof, if furnished to Buyer, is furnished solely as a courtesy; (b) THE INFORMATION IS PROVIDED ON AN "AS-IS, WHERE-IS" BASIS

AND SELLER MAKES NO REPRESENTATION, EXPRESS OR IMPLIED, OR ARISING

BY OPERATION OF LAW, INCLUDING, BUT IN NO WAY LIMITED TO, ANY

WARRANTY OF CONDITION, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, AS TO THE INFORMATION; and (c) no representations have been made by Seller, or its agents or employees, in order to induce Buyer to enter into this Agreement.

Without limiting the generality of the foregoing, Buyer acknowledges, agrees, warrants and represents to Seller that neither the Seller nor its agents or employees have made any representations or statements to Buyer concerning the Property's investment potential or resale at any future date, at a profit or otherwise, nor has Seller or its agents or employees rendered any advice or expressed any opinion to Buyer regarding any tax consequences of ownership of the Property.

4.2 As-Is Property. On the Close of Escrow, Buyer will be familiar with the Property and will have made such independent investigations as Buyer deems necessary or appropriate concerning the Property. Seller makes no representations or warranties and specifically disclaims any representation, warranty or guaranty, oral or written, past, present or future with respect to the use, physical condition or any other aspect of the Property, the conformity of the Property to past, current or future applicable zoning or building code requirements or the compliance with any other laws, rules, ordinances, or regulations of any government or other body, the financial earning capacity or expenses history of the operation of the Property, the nature and extent of any right-of-way, lease, possession, lien, encumbrance, license, reservation, condition, or otherwise, the existence of soil instability, past soil repairs, soil additions or conditions of soil fill, susceptibility to landslides, sufficiency of undershoring, sufficiency of drainage, whether the Property is located wholly or partially in a flood plain or a flood hazard boundary or similar area, the existence or nonexistence of hazardous waste or other toxic materials of any kind, whether known or unknown and whether or not regulated or governed by applicable laws (including, without limitation, hydrocarbons or asbestos), or any other matter affecting the condition, stability, suitability or integrity of the Property or portion

4.3 Negligence or Failure to Investigate. Seller shall not be responsible for any negligent misrepresentation or failure to investigate the Property on the part of Seller, any real estate broker or agent, or any other agent, contractor or employee of Seller or any third party.

4.4 As-Is. BUYER EXPRESSLY ACKNOWLEDGES AND AGREES THAT THE PROPERTY IS BEING SOLD AND ACCEPTED ON AN "AS-IS, WHERE-IS"

BASIS, AND IS BEING ACCEPTED WITHOUT ANY REPRESENTATION OR WARRANTY. IF BUYER ELECTS TO PROCEED WITH THE PURCHASE OF THE

PROPERTY, ANY OBJECTIONS WHICH BUYER MAY HAVE WITH RESPECT TO 6 THE PROPERTY (INCLUDING, WITHOUT LIMITATION, ANY ENVIRONMENTAL

MATTERS, HAZARDOUS SUBSTANCES, WASTES OR TOXIC MATERIALS THAT

MAY BE LOCATED ON, UNDER OR ABOUT THE PROPERTY, WHETHER KNOWN OR UNKNOWN) SHALL BE WAIVED BY BUYER.

4.5 Past Uses. BUYER EXPRESSLY ACKNOWLEDGES AND AGREES AS PART OF ITS ACCEPTANCE OF THE PROPERTY ON AN "AS-IS, WHERE-IS"

BASIS THAT BUYER IS AWARE OF ALL PRIOR USES OF THE PROPERTY THAT MAY LEAD TO CONTAMINATION OF THE PROPERTY. BUYER HAS OBTAINED

AND READ ALL ENVIRONMENTAL ASSESSMENTS REGARDING THE PROPERTY

WHICH A REASONABLY DILIGENT BUYER WOULD HAVE OBTAINED PRIOR TO THE PURCHASE THEREOF. BUYER ASSUMES ALL RESPONSIBILITY FOR ANY

CONTAMINATION THAT IS PRESENT ON THE PROPERTY DUE TO PRIOR AND/OR EXISTING USES OF THE PROPERTY.

Waivers. AS PART OF BUYER'S AGREEMENT TO PURCHASE AND
ACCEPT THE PROPERTY "AS-IS, WHERE-IS", AND NOT AS A LIMITATION ON

SUCH AGREEMENT, BUYER HEREBY UNCONDITIONALLY AND IRREVOCABLY

WAIVES ANY AND ALL ACTUAL OR POTENTIAL RIGHTS BUYER MIGHT HAVE

REGARDING ANY FORM OF WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND OR TYPE, RELATING TO THE PROPERTY AND IT IMPROVEMENTS. SUCH WAIVER IS ABSOLUTE, COMPLETE, TOTAL AND UNLIMITED IN ANY WAY.

SUCH WAIVER INCLUDES, BUT IS NOT LIMITED TO, A WAIVER OF EXPRESS

WARRANTIES, IMPLIED WARRANTIES, WARRANTIES OF FITNESS FOR A

PARTICULAR USE, WARRANTIES OF MERCHANTABILITY, WARRANTIES OF

HABITABILITY, STRICT LIABILITY RIGHTS AND CLAIMS OF EVERY KIND AND

TYPE, INCLUDING, BUT NOT LIMITED TO, CLAIMS REGARDING DEFECTS

WHICH WERE NOT OR ARE NOT DISCOVERABLE, ANY RIGHTS AND CLAIMS

RELATING OR ATTRIBUTABLE TO ENVIRONMENTAL CONDITIONS, ALL

OTHER ACTUAL OR LATER CREATED OR CONCEIVED OR STRICT LIABILITY OR STRICT LIABILITY TYPE CLAIMS AND RIGHTS.

BUYER HEREBY ACKNOWLEDGES THAT IT HAS READ AND IS FAMILIAR WITH THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH IS SET FORTH BELOW:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH

THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS

FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF

KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS
SETTLEMENT WITH THE DEBTOR."

BY INITIALING BELOW, BUYER HEREBY WAIVES THE PROVISIONS OF SAID SECTION 1542 IN CONNECTION WITH THE MATTERS WHICH ARE THE

SUBJECT OF THE FOREGOING ACKNOWLEDGMENTS, WAIVERS AND
RELEASES SET FORTH IN THIS ARTICLE 4.

Buyer's Initials

ARTICLE V

REPRESENTATIONS AND WARRANTIES
rans and covena's to Buyer as on the date or this age Cret, and upon the close reserv. as follows, all of which shall survive the Close of Escrow:

Seller is a public body and has the full power and authority to enter into and carry out the agreements contained in, and transactions contemplated by, this Agreement.

The person(s) signing this Agreement and any documents and instruments in connection herewith on behalf of Seller have full power and authority to do so. This Agreement has been duly authorized and executed by Buyer, and upon delivery to and execution by Seller shall be a valid and binding agreement of Seller.

5.1.2 There are no attachments, assignments for the benefit of creditors, receiverships, conservatorships or voluntary or involuntary proceedings in bankruptcy or any other debtor relief actions contemplated by Seller or filed by Seller, or to the best of Seller's knowledge, pending in any current judicial or administrative proceeding against Seller.

5.1.3 Seller has not entered into any other written contracts or agreements for the sale or transfer of any portion of the Property.

5.1.4 To Seller's knowledge, Seller has received no written notice of any hazardous materials located on, under, or about the Property, except as disclosed to Buyer prior to the Contingency Date.

5.1.5 This Agreement, and Buyer's purchase of the Property for full fair market consideration and subsequent private development of the Property, do not require Buyer to comply with any City local hiring or skilled and trained workforce compliance requirements, including but not limited to the requirements of Resolution No. 45.

The material truth and accuracy of the foregoing representations and warranties shall be a condition of Buyer's obligations hereunder. Prior to the Close of Escrow, Seller shall notify Buyer of any facts or circumstances which are contrary to the foregoing representations and warranties.

5.2 Buyer's Representations and Warranties. Buyer hereby represents, warrants and covenants to Seller as of the date of this Agreement, and upon the Close of Escrow, as follows, all of which shall survive the Close of Escrow:
8 5.2.1 Buyer has the full power and authority to enter into and carry out the agreements contained in, and the transactions contemplated by this Agreement. The person(s) signing this Agreement and any documents and instruments in connection herewith on behalf of Buyer have full power and authority to do so. This Agreement has been duly authorized and executed by Buyer, and upon delivery to and execution by Seller shall be a valid and binding agreement of Buyer.

5.2.2 There are no attachments, assignments for the benefit of creditors, receiverships, conservatorships or voluntary or involuntary proceedings in bankruptcy or any other debtor relief actions contemplated by Buyer or filed by Buyer, or to the best of Buyer's knowledge, pending in any current judicial or administrative proceeding against Buyer.

The material truth and accuracy of the foregoing representations and warranties shall be a condition of Seller's obligations hereunder. Prior to the Close of Escrow, Buyer shall notify Seller of any facts or circumstances which are contrary to the foregoing representations and warranties.

No Warranties. Except for those representations and warranties expressly set of Seller is authorized to make, and by execution hereof Buyer acknowledges that no person has made any representations, agreement, statement, warranty, guaranty or promise regarding the Property or the transaction contemplated herein, or regarding the zoning, construction, development, physical condition or other status of the Property. Without limiting the generality of the foregoing, Seller makes no representation or warranties with respect to the amount or types of fees required to obtain building permits or otherwise to rezone and develop the Property.

ARTICLE VI

BUYER'S OBLIGATION AFTER CLOSE OF ESCROW

6.1 Buyer's Obligations After Closing.

6.1.1 Buyer shall commence construction of the Project no later than one hundred twenty (120) calendar days after Close of Escrow, subject to force majeure delays (including, without limitation, acts of destruction by nature). Failure to commence construction as required herein shall, subject to the provisions of Section 7.5, below, result in the payment of a Five Hundred Dollar ($500.00) per diem in Liquidated Damages by Buyer to the Seller for failure to commence construction within one hundred twenty (120) calendar days from the Close of Escrow. Notwithstanding the foregoing, upon mutual written agreement of the parties, the construction commencement deadline may be extended for up to three (3) months at Seller's sole

6.1.2 Buyer shall complete construction of the Project within twelve (12) months following the commencement of construction, subject to force majeure delays. Failure to complete construction within the time required herein shall, subject to the provisions of Section

7.5, below, result in the payment of a Five Hundred Dollar ($500.00) per diem in Liquidated Damages by Buyer to Seller for every day past the completion date. Notwithstanding the 9 foregoing, upon mutual written agreement of the parties, the construction deadline may be extended for up to eighteen (18) months at Seller's sole discretion.

6.1.3 Force Majeure shall mean that schedules shall provide for extensions of time in performance for delays caused by reasons beyond the control of the parties, including without limitation: unavailable labor, material shortages, acts of destruction by nature or inclement weather, war or terrorism, riots, civil unrest, strikes, embargoes, damage to work in progress by reason of fire, theft, or other casualty or loss; entitlement challenges, loss of funding, severely adverse economic cycles or economic downturns, delays in receiving materials or unavailable materials, acts of God, discovery of new or unknown contaminants which prevent work, or unusual and unexpected delays in approval by any State or Federal agency. The time for performance as specified in this Agreement shall be appropriately and reasonably extended by the time of the delay resulting from such specific event and the time reasonably required to resume the work.

6.1.4. Buyer shall comply with all design standards, zoning, planning and building laws, regulations and review procedures imposed with respect to the Property, including Title 20 of the Riverside Municipal Code if applicable, by the City, and any other public and/or quasi- public entity having such jurisdiction regarding the development of the Property.

6.1.5 Local Hiring Compliance INTENTIONALLY OMITTED

ARTICLE VII

DEFAULTS
Default. A party shall be deemed in default hereunder if any of the warranties or representations set forth herein are or become untrue or if it fails to meet, comply with, or perform any covenant, agreement, or obligation on its part required within the time limits and in the manner required in this Agreement for any reason other than a default by the other party hereunder or termination of this Agreement prior to Close of Escrow.

Opportunity to Cure. No act, failure to act, event or circumstance which might be deemed to be a default by either party shall be deemed to be a default under any of the provisions of this Agreement, unless and until, notice thereof is first given by the non-defaulting party to the party alleged to be in default and said party fails to cure the alleged default within fifteen (15) calendar days in the case of a non-monetary default, or five calendar (5) days in the case of a monetary default.

7.3 Remedies. If Buyer is deemed to be in default hereunder, Seller shall be entitled to termination of this Agreement, at its discretion.

7.4 Waiver of Right to Specific Performance. If Seller fails to convey the Property to Buyer in accordance with the provisions of this Agreement, and such failure constitutes a default under this Agreement, Buyer hereby waives its right to receive any equitable relief, including without limitation the right to record a lis pendens against the Property under applicable law or to pursue the specific performance of this Agreement. 10 7.5 Liquidated Damages. THE PARTIES AGREE THAT AT THE TIME THIS

AGREEMENT IS MADE AND ENTERED INTO, SELLER'S DAMAGES UPON DEFAULT

BY BUYER UNDER THIS AGREEMENT ARE EXTREMELY DIFFICULT OR

IMPOSSIBLE TO CALCULATE AND BUYER AND SELLER AGREE THAT THE

AMOUNT OF LIQUIDATED DAMAGES SET FORTH HEREIN IS A REASONABLE

ESTIMATE UNDER THE CIRCUMSTANCES EXISTING AT THE TIME THIS

AGREEMENT IS MADE OF THE DAMAGES THE SELLER WOULD SUSTAIN BECAUSE OF SUCH DEFAULT BY BUYER UNDER THIS AGREEMENT. FURTHER, BUYER

DESIRES TO HAVE A LIMIT PLACED ON THE AMOUNT OF DAMAGE TO BE PAID TO THE SELLER UPON BUYER'S DEFAULT. BUYER HEREBY AGREES THAT SHOULD

BUYER DEFAULT IN THE PERFORMANCE OF BUYER'S OBLIGATION TO CLOSE THE

TRANSACTION CONTEMPLATED BY THIS AGREEMENT, OR TO PERFORM ANY

OTHER OBLIGATIONS AFTER CLOSE OF ESCROW, THE SELLER SHALL BE

ENTITLED TO COLLECT THE SUM REPRESENTING THE AMOUNT OF THE DEPOSIT

AND REASONABLE ATTORNEY'S FEES INCURRED BY SELLER AS LIQUIDATED DAMAGES FROM BUYER. THE FOREGOING PROVISIONS OF THIS SECTION 7.5

CONSTITUTE THE SOLE AND EXCLUSIVE MONETARY REMEDY AVAILABLE TO

SELLER AS A RESULT OF A DEFAULT BY BUYER OF ITS OBLIGATIONS UNDER THIS AGREEMENT. THE PROVISIONS OF THIS SECTION 7.5 DO NOT LIMIT ANY

DAMAGES DUE SELLER BY REASON OF BUYER'S ENTRY ONTO THE PROPERTIES PRIOR TO CLOSE Of ESROW OR SELLER'S RIGHT OF REPURCHASE. BUYER

AGREES TO DELIVER, ON WRITTEN REQUEST OF SELLER, SUCH INSTRUCTIONS

AS MAY BE REASONABLY NECESSARY TO CAUSE THE ESCROWHOLDER TO DELIVER THE DEPOSIT TO SELLER.

Buyer's Initials Seller's Initials

7.5.1 Local Hiring Liquidated Damages. INTENTIONALLY OMITTED

ARTICLE VIII

MISCELLANEOUS

8.1 CEQA Compliance. Buyer and Seller understand, acknowledge and agree that the close of this escrow is contingent upon Seller's compliance with the California Environmental Quality Act ("CEQA"). Buyer must comply with CEQA prior to development of the Property.

8.2 Exhibits. All Exhibits annexed hereto are a part of this Agreement for all purposes.

8.3 Assignability. Buyer may, at any time prior to the Close of Escrow, assign all of its rights, title, and interest in and to this Agreement to any affiliate or any subsidiary with the consent of Seller, otherwise, this Agreement is not assignable. Seller's consent shall not be 11 unreasonably withheld. As used herein, an "affiliate" or "subsidiary" shall mean any entity which is controlled by or is under common control with Buyer.

8.4 Binding Effect. This Agreement shall be binding upon and inure to the benefit of Seller and Buyer, and their respective successors and permitted assigns.

8.5 Captions. The captions, headings, and arrangements used in this Agreement are for convenience only and do not in any way affect, limit, amplify, or modify the terms and provisions hereof.

8.6 Number and Gender of Words. Whenever herein the singular number is used, the same shall include the plural where appropriate, and words of any gender shall include each other gender where appropriate.

Notices. All notices, terminations, waivers and other communications hereunder shall be in writing and shall be delivered personally or shall be sent by registered or certified United States mail or a nationally recognized, overnight courier service, postage prepaid, and If to Seller: The City of Riverside
Attn: Community & Economic Development Director
If to Buyer: James E. Thornell, Owner
231 E. Alessandro Blvd. Ste. A-244
Riverside, CA 92508
Phone: 951-312-2769
Any notice in accordance herewith shall be deemed received when delivery is received or refused, as the case may be. Additionally, notices may be given by telephone facsimile transmission, provided that an original of said transmission shall be delivered to the addressee by a nationally recognized overnight delivery service on the business day following such transmission. Telephone facsimiles shall be deemed delivered on the date of such transmission.

8.8 Governing Law and Venue. The laws of the State of California shall govern the validity, construction, enforcement, and interpretation of this Agreement. All claims, disputes and other matters in question arising out of or relating to this Agreement, or the breach thereof, shall be decided by proceedings instituted and litigated in the state court in the County of Riverside, and the parties hereby waive all provisions of law providing for a change of venue in such proceedings to any other county.

8.9 Entirety. This Agreement embodies the entire agreement between the parties and supersedes all prior written or oral agreements and understandings, if any, between them 12 concerning the subject matter contained herein. There are no representations, agreements, arrangements, or understandings, oral or written, between the parties hereto, relating to the subject matter contained in this Agreement which are not fully expressed herein.

8.10 Amendments. This Agreement may be amended or supplemented only by written documents signed by the parties or their designated representatives as designated at the time of execution of this document.

8.11 Severability. If any of the provisions of this Agreement, or its application to any party or circumstance, is held to be illegal, invalid, or unenforceable under present or future laws, such provision shall be fully severable. This Agreement shall be construed and enforced as if such illegal, invalid, or unenforceable provision had never comprised a part of this Agreement and the remaining provisions of this Agreement shall remain in full force and effect and shall not be affected by the illegal, invalid, or unenforceable provision or by its severance from this Agreement. In lieu of such illegal, invalid, or unenforceable provision, there shall be added automatically as a part of this Agreement, a provision as similar in terms to such illegal, invalid, or unenforceable provision as may be possible to make such provision legal, valid, and enforceable.

8.12 Further Acts. In addition to the acts and deeds recited herein and contemplated and performed, executed and/or delivered by Seller and Buyer, Seller and Buyer agree to perform, execute and/or deliver or cause to be performed, executed and/or delivered at the Close of Escrow or after the Close of Escrow any and all such further acts, deeds, and assurances as may be necessary to consummate the transactions contemplated herein.

8.13 Construction. No provision of this Agreement shall be construed in favor of, or against, any particular party by reason of any presumption with respect to the drafting of this Agreement; both parties, being represented by counsel, having fully participated in the negotiation of this instrument.

8.14 Time of the Essence. It is expressly agreed by the parties hereto that time is of the essence with respect to each and every provision of this Agreement.

8.15 Waiver of Covenants, Conditions or Remedies. The waiver by one party of the performance of any covenant, condition or promise, or of the time for performing any act under this Agreement shall not invalidate this Agreement nor shall it be considered a waiver by such party of any other covenant, condition or promise, or of the time for performing any other act required under this Agreement. The exercise of any remedy provided in this Agreement shall not be a waiver of any other remedy provided by law, and the provisions of this Agreement for any remedy shall not exclude any other remedies unless they are expressly excluded.

8.16 Nondiscrimination. The parties shall not discriminate on the grounds of race, religious creed, color, national origin, ancestry, age, physical or mental disability, medical conditions, including the medical condition of Acquired Immune Deficiency Syndrome (AIDS) or any condition related thereto, marital status, genetic information, gender, gender identity, genetic expression, sex or sexual orientation, in connection with the performance of this 13 Agreement. The parties further agree to conform to the requirements of the Americans with Disabilities Act in the performance of this Agreement.

8.17 Ratification. This Agreement may be subject to the approval and ratification by the City of Riverside. In the event the City fails to approve this Agreement, there shall be no liability on the part of the Seller and this Agreement shall become null and void and of no further force and effect.

8.18 Counterparts. This Agreement may be executed in a number of identical counterparts. If so executed, each of such counterparts shall, collectively, constitute one original agreement. In making proof of this Agreement, it shall not be necessary to produce or account for more than one such counterpart.
[SIGNATURES ON FOLLOWING PAGE.]
14 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first set forth above.

CITY OF RIVERSIDE, JAMES E. THORNELL
a California charter city and municipal
corporation
By: By:-
City Manager James E. Thornell, an individual
ATTESTED TO:

By:

City Clerk
APPROVED AS TO FORM:

Susan Vela
By:_
Assistant City Attorney
CERTIFIED AS TO FUNDS AVAILABILITY:

BY ASSISTANT CHIEF FINANCIAL OFFICER Rusa
IIRc-citylawlcycom\WPDOCS\D025\P036\00740974.DOC
23-1077 SDW 9/11/23
15 EXHIBIT "A"

LEGAL DESCRIPTION AND PLAT
EXHIBIT "A"

LEGAL DESCRIPTION
Project: Van Buren Blvd/91 Freeway
Bridge Surplus
PARCEL A - Por. APN 233-062-011
That certain real property located in the City of Riverside, County of Riverside, State of California, described as follows:

Lot 10 of La Hacienda Rancho Tract, as shown by map on file in Book 26, Page 17 of Maps, Records of Riverside County, California;
EXCEPTING THEREFROM that portion described in deed to the State of California as Parcel 23515-1 in document recorded September 4, 2015 as Document No. 2015- 0398167 of Official Records of Riverside County, lying southeasterly and southerly of the following line as described in said deed:

COMMENCING at the most southerly corner of said Lot 10; Thence along the southeasterly line of said Lot 10, North 56°23'23" East, a distance of

3.63 feet to the POINT OF BEGINNING of said line description; Thence leaving said southeasterly line, North 18°33'37" West, a distance of 11.42 feet; Thence North 6°53'02" East, a distance of 9.81 feet to the beginning of a tangent curve concaving southeasterly and having a radius of 27.30 feet; Thence northerly to the right along said curve through a central angle of 49°57'14" an arc length of 23.80 feet;
Thence along a line tangent to the end of said curve, North 56°50'16" East, a distance of 322.46 feet to the beginning of a tangent curve concaving southeasterly and having a radius of 26.75 feet;
Thence northeasterly to the right along said last described curve through a central angle of 31°34'23" an arc length of 14.74 feet;
Thence along a line tangent to the end of said last described curve, North 88°24'39" East, a distance of 70.00 feet to the beginning of a tangent curve concaving northwesterly and having a radius of 15.75 feet;
Thence easterly to the left along said last described curve through a central angle of 29°36'35" an arc length of 8.14 feet to the southeasterly line of Lot 36 of La Hacienda Rancho Tract No. 2, as shown by map on file in Book 27, Page 43 of Maps, Records of Riverside County, California and the END of this line description, said southeasterly line

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also being the northwesterly line of State Route 91, as shown by State Highway Right- Of-Way Map VIII RIV 43 RIV Sheet 6 of 23 Sheets on file with the County Surveyor of Riverside County, California.

SUBJECT TO release and relinquishment of any and all abutter's rights including access rights, appurtenant to the above described parcel, in and to said freeway.

Area - 5,901.2 S.F. more or less.

PARCEL B - Por. APN 233-062-010
That certain real property located in the City of Riverside, County of Riverside, State of California, described as follows:

Lot 17 of La Hacienda Rancho Tract, as shown by map on file in Book 26, Page 17 of Maps, Records of Riverside County, California;
EXCEPTING THEREFROM that portion described in deed to the State of California as Parcel 23515-1 in document recorded September 4, 2015 as Document No. 2015- 0398167 of Official Records of Riverside County lying southerly of the following line as described in said deed;
COMMENCING at the most southerly corner of said Lot 10 of said La Hacienda Rancho Tract;
Thence along the southeasterly line of said Lot 10, North 56°23'23" East, a distance of

3.63 feet to the POINT OF BEGINNING of said line description; Thence leaving said southeasterly line, North 18°33'37" West, a distance of 11.42 feet; Thence North 6°53'02" East, a distance of 9.81 feet to the beginning of a tangent curve concaving southeasterly and having a radius of 27.30 feet; Thence northerly to the right along said curve through a central angle of 49°57'14" an arc length of 23.80 feet;
Thence along a line tangent to the end of said curve, North 56°50'16" East, a distance of 322.46 feet to the beginning of a tangent curve concaving southeasterly and having a radius of 26.75 feet;
Thence northeasterly to the right along said last described curve through a central angle of 31°34'23" an arc length of 14.74 feet;
Thence along a line tangent to the end of said last described curve, North 88°24'39" East, a distance of 70.00 feet to the beginning of a tangent curve concaving

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northwesterly and having a radius of 15.75 feet;
Thence easterly to the left along said last described curve through a central angle of 29°36'35" an arc length of 8.14 feet to the southeasterly line of Lot 36 of La Hacienda Rancho Tract No. 2, as shown by map on file in Book 27, Page 43 of Maps, Records of Riverside County, California and the END of this line description, said southeasterly line also being the northwesterly line of State Route 91, as shown by State Highway Right- Of-Way Map VIlI RIV 43 RIV Sheet 6 of 23 Sheets on file with the County Surveyor of Riverside County, California.

SUBJECT TO release and relinquishment of any and all abutter's rights including access rights, appurtenant to the above described parcel, in and to said freeway.

Area - 5,787.6 S.F. more or less.

PARCEL C - Por. APN 233-074-009
That certain real property located in the City of Riverside, County of Riverside, State of California, described as follows:

Lot 36 of La Hacienda Rancho Tract No. 2, as shown by map on file in Book 27, Page 43 of Maps, Records of Riverside County, California;
EXCEPTING THEREFROM that portion described in deed to the State of California as Parcel 23515-1 in document recorded September 4, 2015 as Document No. 2015- 0398167 of Official Records of Riverside County lying southwesterly and southerly of the following line as described in said deed;
COMMENCING at the most southerly corner of Lot 10 of La Hacienda Rancho Tract, as shown by map on file in Book 26, Page 17 of Maps, Records of Riverside County, California;
Thence along the southeasterly line of said Lot 10, North 56°23'23" East, a distance of

3.63 feet to the POINT OF BEGINNING of said line description; Thence leaving said southeasterly line, North 18°33'37" West, a distance of 11.42 feet; Thence North 6°53'02" East, a distance of 9.81 feet to the beginning of a tangent curve concaving southeasterly and having a radius of 27.30 feet; Thence northerly to the right along said curve through a central angle of 49°57'14" an arc length of 23.80 feet;
Thence along a line tangent to the end of said curve, North 56°50'16 East, a distance of 322.46 feet to the beginning of a tangent curve concaving southeasterly and having a radius of 26.75 feet;

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Thence northeasterly to the right along said last described curve through a central angle of 31°34'23" an arc length of 14.74 feet;
Thence along a line tangent to the end of said last described curve, North 88°24'39" East, a distance of 70.00 feet to the beginning of a tangent curve concaving northwesterly and having a radius of 15.75 feet;
Thence easterly to the left along said last described curve through a central angle of 29°36'35" an arc length of 8.14 feet to the southeasterly line of said Lot 36 and the END of this line description, said southeasterly line also being the northwesterly line of State Route 91, as shown by State Highway Right-Of-Way Map VIII RIV 43 RIV Sheet 6 of 23 Sheets on file with the County Surveyor of Riverside County, California.

SUBJECT TO release and relinquishment of any and all abutter's rights including access rights, appurtenant to the above described parcel, in and to said freeway.

Area - 9,022.8 S.F. more or less.

LAND
This description was prepared by me or under my direction in CENSED CURTIS SURVEYOR conformance with the requirements of the Land Surveyors Act.

Can esc 9/12/19
_Prep. * *
Curtis C. Stephens, L.S. 7519 Date L.S. 7519

KAT OF CAL HOT,

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— LINE DATA CURVE DATA

BEARING DISTANCE RADIUS DELTA LENGTH
• N18'33'37"W 11.42' А 27.30' 495714" 23.80°
2 NO6 53'02"E 9,81' 26.75' 31'34'23" 14.74
3 N56'23'23"E 3.63 15.75' 29'36'35" 8.14
6 35, 35 33
M.B. 1/62 S.B. Co.
7 20 м.В. 27/43
WAY
34 8 19 TRACT NO. 2

LA HACIENDA RANCHO
LA HACIENDA RANCHO TRACT McKENZE
LOT 10 VILLAGE OF ARLINGTON FARNHAM_PLACE MARTHA
M.B. 26/17
WAY
9 18 35
11I 5i 1538201
132.31' 132.31'
10 17 36
33' 33' 44.26°

69.93 PARCE SA PARCEL B 25.06 PARCEL C 37
LLL 9,022.8 S.F. 106.50*
N5016E 322.46' 132.31'
PARCEL 23515-19/4/2015 #2015-0393167
P.O.C.- 56'23'23"W 16 • 00.09

94.68 N64°08'32"E 133.54
•P.O.B.
5550278 - 3.55
S.H.M. VIII-RIV-43-RIV SH. 6/23
RIVERSIDE 91 FREEWAY

TO VAN BUREN BLVD

EARINGS AND DISTANCES SHOWN ARE BASED O
ALIFORNIA COORDINATE SYSTEM OF 198: ZONE 6
OUTAN GROUND LESS DISTANCES: 00033561 TO
/\\\\\'INDICATES ACCESS DENIAL LINE
• CITY OF RIVERSIDE, CALIFORNIA •

THIS PLAT IS SOLELY AN AID IN LOCATING THE PARCEL(S) DESCRIBED IN THE ATTACHED DOCUMENT. IT IS NOT A PART OF THE WRITTEN DESCRIPTION THEREIN. SHEET 1 OF 1 SCALE: 1"=80' DRAWN BY: CURT DATE: 9/10/18 SUBJECT: VAN BUREN/91 FREEWAY SURPLUS EXHIBIT "B"

AFFORDABLE HOUSING COVENANT AND AGREEMENT

AND DECLARATION OF RESTRICTIONS
Exhibit "B"
WHEN RECORDED MAIL TO:

City Clerk
City of Riverside
City Hall, 3900 Main Street
Riverside, CA 92522
APNS: 233-062-010, 233-062-011 &
233-074-009
No fee for recording pursuant to SPACE ABOVE THIS LINE FOR RECORDING USE Government Code § 27383

AFFORDABLE HOUSING COVENANT AND AGREEMENT

AND DECLARATION OF RESTRICTIONS
(Restrictive Covenant Required by the Surplus Land Act, Government Code § 54233)

THIS AFFORDABLE HOUSING COVENANT AND AGREEMENT AND
DECLARATION OF RESTRICTIONS is made and entered into this , 2023, by and between the CITY OF RIVERSIDE, a California charter city and municipal corporation ("City"), and ("Developer"), with reference to the following facts.

City is the fee owner of that certain real property located at and identified as 3472 Farnham Place, Riverside, California, Riverside County Assessor Parcel Number 233-062-011; 3473 Farnham Place, Riverside, California, Riverside County Assessor Parcel Number 233-062- 010; and 9384 Martha Way, Riverside, California, Riverside County Assessor Parcel Number 233-074-009 (collectively, the "Property") situated in the City of Riverside, County of Riverside, State of California, as described in Exhibit "A," attached hereto and incorporated herein.

B. On May 25, 2021, the City Council of the City of Riverside adopted Resolution No. 23711 declaring the Property as surplus.

City has since satisfied all requirements set forth in the Surplus Land Act, California Government Code § 54222 et seq.

Developer is now acquiring the Property from the City pursuant to a Purchase, Sale Agreement, executed between the parties and dated as of Parties now desire to record this Affordable Housing Covenant and Agreement nd Declaration of Restrictions ("Covenant") pursuant to California Government Code $54233 o that in the event ten (10) or more residential units are developed on the Property, not less thai fifteen percent (15%) of the total number of residential units developed on the Property shall be sold or rented at affordable housing cost.

NOW, THEREFORE, incorporating the above facts and for the purpose set forth above, the Developer hereby covenants and agrees with the City and acknowledges as follows:

1. If ten (10) or more residential units are developed on any individual parcel that comprise the Property, not less than fifteen percent (15%) percent of the total number of residential units ("Project Units") developed on that parcel of the Property shall be sold or rented at affordable housing cost ("Restricted Project Units"), as defined in California Health and Safety Code § 50052.5, or affordable rent, as defined in of the California Health and Safety Code § 50053, to lower income households, as defined in of the California Health and Safety Code § 50079.5.

2. If the Project Units are rental housing, Restricted Project Units shall remain affordable to and occupied by lower income households for a period of fifty-five (55) years.

3. If Project Units are for home ownership, Restricted Project Units shall remain affordable to and occupied by lower income households for a period of forty-five (45) years. The initial occupants of all such Restricted Project Units shall be lower income households, and Restricted Project Units shall be subject to an equity sharing agreement consistent with the provisions of paragraph (2) of subdivision (c) of 65915 of the California Government Code.

4. These requirements shall be covenants or restrictions running with the land and shall be enforceable against any owner who violates a covenant or restriction and each successor-in- interest who continues the violation by any of the entities described in subdivisions (a) to (f), inclusive, of California Government Code § 54222.5.

5. The terms of this Covenant may be enforced by the City and its successors or assigns.

Should the City bring an action to enforce the terms of this Covenant, the prevailing party shall be entitled to reasonable attorneys' fees, expert witness fees, and reasonable costs of suit. [SIGNATURES ON FOLLOWING PAGE.J
IN WITNESS WHEREOF, the parties have caused this Covenant to be executed as of the day and year first written above.

CITY OF RIVERSIDE,
a California charter city and municipal
corporation
By:

City Manager
ATTESTED TO:

By:

City Clerk
APPROVED AS TO FORM:

By:

Assistant City Attorney
23-1077 SDW 8/30/23

STATE OF CALIFORNIA )
)SS

COUNTY OF RIVERSIDE )
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.

Notary Signature
, notary public othere to cerch this erg theate tated, and noty thrdentiness, ecuracyua alidity of that documen

STATE OF CALIFORNIA )
)SS

COUNTY OF RIVERSIDE )
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.

Notary Signature
EXHIBIT "A"

LEGAL DESCRIPTION
EXHIBIT "A"

LEGAL DESCRIPTION
Project: Van Buren Blvd/91 Freeway
Bridge Surplus
PARCEL A - Por. APN 233-062-011
That certain real property located in the City of Riverside, County of Riverside, State of California, described as follows:

Lot 10 of La Hacienda Rancho Tract, as shown by map on file in Book 26, Page 17 of Maps, Records of Riverside County, California;
EXCEPTING THEREFROM that portion described in deed to the State of California as Parcel 23515-1 in document recorded September 4, 2015 as Document No. 2015- 0398167 of Official Records of Riverside County, lying southeasterly and southerly of the following line as described in said deed:

COMMENCING at the most southerly corner of said Lot 10; Thence along the southeasterly line of said Lot 10, North 56°23'23" East, a distance of

3.63 feet to the POINT OF BEGINNING of said line description; Thence leaving said southeasterly line, North 18°33'37" West, a distance of 11.42 feet; Thence North 6°53'02" East, a distance of 9.81 feet to the beginning of a tangent curve concaving southeasterly and having a radius of 27.30 feet; Thence northerly to the right along said curve through a central angle of 49°57'14" an arc length of 23.80 feet;
Thence along a line tangent to the end of said curve, North 56°50'16" East, a distance of 322.46 feet to the beginning of a tangent curve concaving southeasterly and having a radius of 26.75 feet;
Thence northeasterly to the right along said last described curve through a central angle of 31°34'23" an arc length of 14.74 feet;
Thence along a line tangent to the end of said last described curve, North 88°24'39" East, a distance of 70.00 feet to the beginning of a tangent curve concaving northwesterly and having a radius of 15.75 feet;
Thence easterly to the left along said last described curve through a central angle of 29°36'35" an arc length of 8.14 feet to the southeasterly line of Lot 36 of La Hacienda Rancho Tract No. 2, as shown by map on file in Book 27, Page 43 of Maps, Records of Riverside County, California and the END of this line description, said southeasterly line

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also being the northwesterly line of State Route 91, as shown by State Highway Right- Of-Way Map VIII RIV 43 RIV Sheet 6 of 23 Sheets on file with the County Surveyor of Riverside County, California.

SUBJECT TO release and relinquishment of any and all abutter's rights including access rights, appurtenant to the above described parcel, in and to said freeway.

Area - 5,901.2 S.F. more or less.

PARCEL B - Por. APN 233-062-010
That certain real property located in the City of Riverside, County of Riverside, State of California, described as follows:

Lot 17 of La Hacienda Rancho Tract, as shown by map on file in Book 26, Page 17 of Maps, Records of Riverside County, California;
EXCEPTING THEREFROM that portion described in deed to the State of California as Parcel 23515-1 in document recorded September 4, 2015 as Document No. 2015- 0398167 of Official Records of Riverside County lying southerly of the following line as described in said deed;
COMMENCING at the most southerly corner of said Lot 10 of said La Hacienda Rancho Tract;
Thence along the southeasterly line of said Lot 10, North 56°23'23" East, a distance of

3.63 feet to the POINT OF BEGINNING of said line description; Thence leaving said southeasterly line, North 18°33'37" West, a distance of 11.42 feet; Thence North 6°53'02" East, a distance of 9.81 feet to the beginning of a tangent curve concaving southeasterly and having a radius of 27.30 feet; Thence northerly to the right along said curve through a central angle of 49°57'14" an arc length of 23.80 feet;
Thence along a line tangent to the end of said curve, North 56°50'16" East, a distance of 322.46 feet to the beginning of a tangent curve concaving southeasterly and having a radius of 26.75 feet;
Thence northeasterly to the right along said last described curve through a central angle of 31°34'23" an arc length of 14.74 feet;
Thence along a line tangent to the end of said last described curve, North 88°24'39" East, distance of 70.00 feet to the beginning of a tangent curve concaving

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northwesterly and having a radius of 15.75 feet;
Thence easterly to the left along said last described curve through a central angle of 29°36'35" an arc length of 8.14 feet to the southeasterly line of Lot 36 of La Hacienda Rancho Tract No. 2, as shown by map on file in Book 27, Page 43 of Maps, Records of Riverside County, California and the END of this line description, said southeasterly line also being the northwesterly line of State Route 91, as shown by State Highway Right- Of-Way Map VIII RIV 43 RIV Sheet 6 of 23 Sheets on file with the County Surveyor of Riverside County, California.

SUBJECT TO release and relinquishment of any and all abutter's rights including access rights, appurtenant to the above described parcel, in and to said freeway.

Area - 5,787.6 S.F. more or less.

PARCEL C - Por. APN 233-074-009
That certain real property located in the City of Riverside, County of Riverside, State of California, described as follows:

Lot 36 of La Hacienda Rancho Tract No. 2, as shown by map on file in Book 27, Page 43 of Maps, Records of Riverside County, California;
EXCEPTING THEREFROM that portion described in deed to the State of California as Parcel 23515-1 in document recorded September 4, 2015 as Document No. 2015- 0398167 of Official Records of Riverside County lying southwesterly and southerly of the following line as described in said deed;
COMMENCING at the most southerly corner of Lot 10 of La Hacienda Rancho Tract, as shown by map on file in Book 26, Page 17 of Maps, Records of Riverside County, California;
Thence along the southeasterly line of said Lot 10, North 56°23'23" East, a distance of

3.63 feet to the POINT OF BEGINNING of said line description; Thence leaving said southeasterly line, North 18°33'37" West, a distance of 11.42 feet; Thence North 6°53'02" East, a distance of 9.81 feet to the beginning of a tangent curve concaving southeasterly and having a radius of 27.30 feet; Thence northerly to the right along said curve through a central angle of 49°57'14" an arc length of 23.80 feet;
Thence along a line tangent to the end of said curve, North 56°50'16" East, a distance of 322.46 feet to the beginning of a tangent curve concaving southeasterly and having a radius of 26.75 feet;

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Thence northeasterly to the right along said last described curve through a central angle of 31°34'23" an arc length of 14.74 feet;
Thence along a line tangent to the end of said last described curve, North 88°24'39" East, a distance of 70.00 feet to the beginning of a tangent curve concaving northwesterly and having a radius of 15.75 feet;
Thence easterly to the left along said last described curve through a central angle of 29°36'35" an arc length of 8.14 feet to the southeasterly line of said Lot 36 and the END of this line description, said southeasterly line also being the northwesterly line of State Route 91, as shown by State Highway Right-Of-Way Map VIII RIV 43 RIV Sheet 6 of 23 Sheets on file with the County Surveyor of Riverside County, California.

SUBJECT TO release and relinquishment of any and all abutter's rights including access rights, appurtenant to the above described parcel, in and to said freeway.

Area - 9,022.8 S.F. more or less.

LAND
This description was prepared by me or under my direction in LICENSED SURVEYOR conformance with the requirements of the Land Surveyors Act. CURTIS 286 9/12/69
*
Curtis C. Stephens, L.S. 7519 L.S. 7519

LATE OF CAL OUT

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LINE DATA CURVE DATA

BEARING DISTANCE RADIUS DELTA LENGTH
N1837N / 11.42 A 27.30' 49'57'14" 23.80°
2 NO653'02"E 9.81° B 26.75' 31°34'23" 14.74
3 N56'23'23"E 3.63' 15.75' 2936'35" 8.14
6 35, 33
7 20 M.B. 27/43
WAY
-
8 19 TRACT NO. 2

LA HACIENDA RANCHO
LOT 10 LA HACIENDA RANCHO TRACT McKENZIE
VILLAGE OF ARLINGTON FARNHAM_PLACE MARTHA
M.B. 26/17
WAY
9 18 35
L=39,20' LEASE
1115%.
132.31' 132.31'
10 33' 17 36
A 33' 43.23' 44.26'
A PARCEL B 37
2 ,901.2 S. ·25.06' PARCEL C

5.787,6 S,F 9,022.8 S.F. 106.50

98. N56'50 16"E '322.46" 132.31
PARCEL 23515-1.9/4/2015 #2015-0398167
P.O.C. S56'2323W 16
194.68' N64'08'32"E 133.54'
\P.O.B. S56350M
106.78' -3.55'
S.H.M. VIII-RIV-43-RIV SH. 6/23

RIVERSIDE FREEWAY

TO VAN BUREN BLVD
MULTIPLY DISTANCES SHOWN BY 1.000033361 T

OBTAIN GROUND LEVEL DISTANCES
/\\'INDICATES ACCESS DENIAL LINE
• CITY OF RIVERSIDE, CALIFORNIA •
THIS PLAT IS SOLELY AN AID IN LOCATING THE PARCEL(S) DESCRIBED IN THE SHEET 1 OF 1 ATTACHED DOCUMENT. IT IS NOT A PART OF THE WRITTEN DESCRIPTION THEREIN.

SCALE: 1"=80' DRAWN BY: CURT DATE: 9/10/18 SUBJECT: VAN BUREN/91 FREEWAY SURPLUS

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