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HomeMy WebLinkAboutD-2741. `_ This page is part of your document - DO NOT DISCARD ~Mbl ` :. _ _ _ ~: Page . 200726289®8 ~ 015 ~s: ~~ I IIIIIIVIIIIIIIIIIIIIIIIIIIII ~Illl II I Il Ili II II-- Recorded/Filed in Official Records Fee: D.00 Recorder's Offlce, Los Angeles County, • California Tax: 0.00 Other: 0.00 11/29/07 AT 04:16PM Total: 0.00 1414947 200711290030075 Counter TITLE(S) L E A D S H E E T __ _ _ _ - - i , ~ ~ i i 1 i ~ - __ _ ... , __ _ - - ~ , i Assessor's Identification Number (AIN) To be completed by Examiner OR Title Company in black ink. Number of AIN's Shown .. , , 1 _ j { - , i ® E':'°°~ THIS FORM IS NOT TO BE DUPLICATED ®- Y . .. ~ .M .._ .; '~ 1rECORDING REQUESTED BY ) ,---.- _ ___ AND WHEN RECORDED MAIL TO: ) 11/29/07 City of Arcadia ) IIII I IIIIIIIIII II I IIIIIIIIIIIIIII I I II I I II 240 West Huntington Drive ) 20072628908 Arcadia, California 91007 ) Attn: ;C~t&g~kc City Clerk ) (Space Above Line Reserved For Use By Recorder) Exempt From Recording Fees -Govt. Code 27383 CITY OF ARCADIA REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS Hsientein Project Investment, LLC THIS CITY OF ARCADIA REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS (the "Regulatory Agreement"), is dated as of ~{/oVGrAht/ G 2007, for reference purposes only, and is entered into by and between the CITY OF ARCADIA, a public body corporate and politic (the "City"), and HSIENTEIN PROJECT INVESTMENT, LLC, a California Limited Liability Company (the "Owner"), with reference to the following recited facts (the "Recitals"). - RECITALS - A. Owner plans to construct and operate a seventy-eight (78) unit senior condominium complex ("Project") on that certain real property commonly referred to as 161 Colorado Place, in the City of Arcadia (the "Site") and more specifically described in Exhibit "A" attached hereto and incorporated herein. B. Owner is willing to enter into this Regulatory Agreement to assure the City of the operation of the Project for the purpose of increasing and improving the community's supply of senior housing. C. As a condition to the willingness of the City to approve Owner's application for Tentative Map No. 62234, Owner has agreed to develop and maintain the Project as a senior housing project for the use and benefit of Senior Citizens (as defined herein). To facilitate the same, Owner is willing to enter into certain restrictions upon ownership and operation of the Project which will bind the Project and the Owner, its successors and assigns. 1 J ' D. The purpose of this Regulatory Agreement is to create such easements, conditions, covenants, restrictions, liens, servitudes, and charges upon and subject to which the Project and each and every part and portion thereof shall be occupied, owned, maintained, held, leased, rented, sold, and conveyed. The provisions of this Regulatory Agreement shall run with each and every portion of the Project and shall inure to and pass with each and every portion thereof and shall apply to and bind any successors-in-interest of Owner. Each of the provisions hereof are imposed upon the Project as mutual and reciprocal equitable servitudes in favor of each and every other portion of the Project. E. , The Owner acknowledges that this Regulatory Agreement imposes certain restrictions on the use and occupancy of the Project and the Site during the Term that may result in less than all of the. Dwelling Units within the Project or on the Site being sold or rented. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND UNDERTAKINGS SET FORTH IN THIS REGULATORY AGREEMENT AND FOR SUCH OTHER GOOD AND VALUABLE CONSIDERATION, THE RECEIPT AND SUFFICIENCY OF WHICH IS HEREBY ACKNOWLEDGED, THE OWNER AND THE CITY DO HEREBY COVENANT AND AGREE FOR THEMSELVES, THEIR SUCCESSORS AND ASSIGNS, AS FOLLOWS: Section 1. Definitions. As used in this Regulatory Agreement, the following words, phrases and terms shall have the meaning as provided in the initial pazagraph, Recitals or in this Section 1, unless the specific context of usage of a particular word or term may otherwise require: (a) "City" means and refers to the City of Arcadia, Califomia. (b) f`Dwelling Unit" means any of the seventy-eight (78) condominium units for residential accommodation within the Project. (c) "Owner" means and refers to Hsientein Project Investment, LLC and each of its successors in ownership, management or control of the Site, the Project or any Dwelling Unit on the Site. (d) "Project" means and refers to a senior citizen condominium housing project consisting of not more than seventy-eight (78) condominium units (each of which is a Dwelling Unit) each reserved for purchase by individuals for occupancy by a Qualifying Household and all associated fixtures and equipment and on-site and off-site improvements required by the City, and utility provider relative to the Project. (e) "Qualifying Household" means a household composed of one (1) or more persons who is a Senior Citizen and intends to reside in the Dwelling Unit as his or her primary residence on a permanent basis and whose members that are not Senior Citizens, if any, are each a "Qualified Permanent Resident" or "Permitted Health Caze Resident" as defined in Califomia Civil Code Section 51.2(b)(3) and 51.3(b)(7), as such code section may be amended from time to time. (f) "Senior Citizen" means a person fifty-five (55}years of age or older. 2 ' (g) "Site" shall mean that certain real property located within the City of Arcadia, County of Los Angeles, State of California, consisting of approximately 1.75 acres of land (more or less) and more particularly described in the legal description attached to this Regulatory Agreement as Exhibit "A", which is incorporated into this Regulatory Agreement by this reference. (h) "Term" means the period of time beginning on the date of the recordation of this Regulatory Agreement in the officia] records of the Recorder of the County of Los Angeles, California, and ending on the sixtieth (60th) anniversary of such recording date. Section 2. Covenants of the Owner Regarding the Use and Occupancy of the Project. (a) The Owner covenants and agrees to reserve and restrict the Site for improvement, use and residential occupancy by persons and families who, at the time of initial occupancy of a Dwelling Unit on the Site and continuously; thereafter, until the end of the Term, are members of a Qualified Household. (b) Notwithstanding any other covenant or provision of this Regulatory Agreement, this Regulatory Agreement expressly permits temporary residency in a Dwelling Unit within the Project by guests of any member of the Qualified Household residing in the Dwelling Unit, for not more than ninety (90) days in each calendaz year. (c) Notwithstanding any other covenant or provision of this Regulatory Agreement, this Regulatory Agreement expressly permits residency in a Dwelling Unit within the Project by a "Permitted Health Care Resident," as this term is defined in Civil Code Section 51.3(b)(7), during any period in which such Permitted Health Care Resident is actually providing live-in, long-term, or hospice health care to a Senior Citizen resident of the Dwelling Unit for compensation. The phrase "for compensation" includes, without limitation, provisions for lodging and food in exchange for health care. (d) Notwithstanding any other covenant or provision of this Regulatory Agreement, this Regulatory Agreement expressly permits continued occupancy of a Dwelling Unit by Qualified Permanent Residents, pursuant to Civil Code Section 51.3(e). Section 3. Covenant of Owner Regarding Sale of Dwelling Units on the Site. In the transfer of any Dwelling Unit, the Owner for itself, its successors and assigns covenants and agrees that each and every one of the following covenants and restrictions, in addition to all other applicable laws, shall apply to such transaction: (a) The Owner shall provide a legible copy of this Regulatory Agreement to each prospective purchaser of any such Dwelling Unit, prior to entering into a contract for the purchase, sale or other transfer of any such Dwelling Unit; and (b) The instrument transferring any such Dwelling Unit from the Owner to another person shall expressly state that it is subject and subordinate to this Regulatory Agreement and shall incorporate each and every provision of this Regulatory Agreement, either expressly or by reference. 3 t~ 'Notwithstanding the foregoing, the above covenants and restrictions of this Section 3 shall not be applied to any transfer of a Dwelling Unit through a probate proceeding or a trust established by a Senior Citizen that was the Owner of such Dwelling Unit, provided that any future transfer of that Dwelling Unit will be subject to all of the requirements of this Section 3. Owner acknowledges and agrees that, notwithstanding the preceding sentence, the Dwelling Unit shall at all times during the term of this Regulatory Agreement be subject to the restrictions on use and occupancy as set forth in Section 2 of this Regulatory Agreement. Section 4. Covenant of the Owner Regarding Owner's Association. The Owner for itself, its successors and assigns covenants and agrees that the interest in the Site or the Project of any homeowner's association, condominium owner's association, community association or other association shall be subject and subordinate to this Regulatory Agreement and each and every member of such association shall be either the Owner or a Senior Citizeri owner of a Dwelling Unit on the Site or in the Project. Section 5. Covenant of Owner Regarding Maintenance of Records. Records shall be established and maintained by the Owner relating to the sale, transfer, use and occupancy of Dwelling Units on the Site, the Project and the Site, as authorized and restricted iri this Regulatory Agreement. The Owner shall be responsible for establishing and maintaining such records throughout the Term, and the Owner shall provide the City with copies, of such records within thirty (30) days of written request by the City Section 6. Maintenance of the Project. The Owner, for itself, its successors and assigns, covenants and agrees that: (a) The exterior areas of the Project that aze subject to public view (e.g.: all improvements, paving, walkways, landscaping, and ornamentation) shall be maintained in good repair and a neat, clean and orderly condition, ordinary wear and teaz excepted. In the event that at any time during the Term, there is an occurrence of an adverse condition on any area of the Project that is subject to public view in contravention of the general maintenance standazd described above (a "Maintenance Deficiency"), then the City shall notify the Owner in writing of the Maintenance Deficiency and give the Owner thirty (30) days from the date of such notice to cure the Maintenance Deficiency as identified in the notice. The words "Maintenance Deficiency" include, without limitation, the following inadequate or non-conforming property maintenance conditions and/or breaches of residential property use restrictions: (1) failure to properly maintain the windows, structural elements, and painted exterior surface azeas of Dwelling Units on the Site in a clean and presentable manner; (2) failure to .keep the common areas of the Project free of accumulated debris, appliances, inoperable motor vehicles or motor vehicle parts, or free of storage of lumber, building materials or equipment not regulazly in use on the Site; (3) failure to regulazly maintain, replace and renew the landscaping in a reasonable condition, free of weed and debris; (4) parking of any commercial motor vehicle in excess of 7,000 pounds gross weight anywhere on the Site; and 4 6 (5) the use of garage azeas on the Site for purposes other than the parking of motor vehicles and the storage of personal possessions and mechanical equipment of persons residing in Dwelling Units on the Site. (b) In the event the Owner fails to cure or commence to cure the Maintenance Deficiency within the time allowed, the City may thereafter conduct a public heazing following transmittal of written notice to the Owner ten (10) days prior to the scheduled date of such public hearing in order to verify whether a Maintenance Deficiency exists and whether the Owner has failed to comply with the provisions of Section 6(a). If, upon the conclusion of a public hearing, the City makes a finding that a Maintenance Deficiency exists and that there appears to be non- compliance with the general maintenance standard of Section 6(a), thereafter, the City shall have the right to enter Site and the Project (exterior areas only) and perform all acts necessary to cure the Maintenance Deficiency, or to take any other action at law or equity that the City may then have to accomplish the abatement of the Maintenance Deficiency. Any sum expended by the City for the abatement of a Maintenance Deficiency as authorized by this Section 6(b) shall become a lien on the Site. If the amount of the lien is not paid within thirty (30) days after written demand for payment by the City to the Owner, the City shall have the right to enforce the lien in the manner as provided in Section 6(d). (c) Graffiti that is visible from any public right-of--way adjacent or contiguous to the Site shall be removed by the Owner from any exterior surface of a structure or improvement on the Site by either painting over the evidence of such vandalism with a paint that has been color- matched to the surface on which the paint is applied, or graffiti may be removed with solvents, detergents or water as appropriate. In the event that graffiti is placed on the Project (exterior areas only) and such graffiti is visible from an adjacent or contiguous public right-of--way and thereafter such graffiti is not removed within 72 hours following the time of its application; then in such event and without notice to the Owner, the City shall have the right to enter the Site and remove the graffiti. Notwithstanding any provision of Section 6(c) to the contrazy, any sum expended by the City for the removal of graffiti from the Project as authorized by this Section 8(c) shall become a lien on the Project. If the amount of the lien. is not paid within thirty (30) days after written demand for payment by the City to the Owner, the City shall have the right to enforce its lien in the manner as provided in Section 6(d). (d) The Site rights conferred upon the City under this Section 6 expressly include the power to establish and enforce a lien or other encumbrance against the Site in the manner provided under Civil Code Sections 2924, 2924b and 2924c in the amount as reasonably - necessary to restore the Site to the maintenance standard required under Section 6(a) or Section 6(c), including attorneys fees and costs of the City associated with the abatement of the Maintenance Deficiency or removal of graffiti and the collection, of the costs of the City in connection with such action. In any legal proceeding for enforcing such a lien against the Site, the prevailing party shall be entitled to recover its attorneys' fees and costs of suit. The provisions of this Section 6 shall be a covenant running with the land for the Term and shall be enforceable by the City in its discretion, cumulative with any other rights or powers granted to the City under applicable law. Nothing in the foregoing provisions of this Section 6 shall be deemed to preclude the Owner from making any alterations, additions, or other changes to any structure or improvement or landscaping on the Site, provided that such changes comply with the zoning and development regulations of the City and other applicable law. 5 Section 7. No City Responsibility for Project. The City shall have no responsibility for the construction, installation, management, operation or maintenance of the Project or the development or maintenance of the Site. Section 8. Covenants to Run With the Land. The Owner and the City hereby declare their specific intent that the covenants, reservations and restrictions set forth in this Regulatory Agreement are part of a plan for the promotion and preservation of Senior Citizen housing within the territorial jurisdiction of the City and that each shall be deemed covenants running with the land and shall pass to and be binding upon the Site and each Dwelling Unit on the Site and each successor-in-interest of the Owner in the Site for the Term. The Owner hereby expressly assumes the duty and obligation to perform each of the covenants and to honor each of the reservations and restrictions set forth in this Regulatory Agreement. Each and every contract, deed or other instrument hereafter executed covering or conveying the Site or the Project or any interest in The Site or the Project or any Dwelling Unit on the Site or in the Project shall incorporate all of the provisions of this Regulatory Agreement, either expressly or by referenced, and any contract, deed or other instrument transferring such interest shall conclusively be deemed to have been executed, delivered and accepted subject to the covenants, reservations, and restrictions of this Regulatory Agreement, regazdless of whether such covenants, reservations and restrictions are set forth in such contract, deed, or other instrument. Section 9. Burden and Benefit. The City and the Owner hereby declaze their understanding and intent that the burden of the covenants, reservations and restrictions set forth in this Regulatory Agreement touch and concern the land of [he Site.. The City and the Owner hereby further declare their understanding and intent that the benefit of such. covenants touch and concern the land of the Site by enhancing and increasing the enjoyment and use of the Site by the intended beneficiaries of such covenants, reservations and restrictions, and by furthering the Senior Citizen housing goals and objectives of the City. Section 10. Binding on Successors and Assigns. This Regulatory Agreement shall be binding upon and inure to the benefit of the Parties and their respective heirs, executors, administrators, legal representatives,successors and assigns. Section 11. Enforcement. Only the City shall have the power to enforce this Regulatory Agreement and no other person or entity shall have any right or power to enforce any provision of this Regulatory Agreement on behalf of the City or to compel the City to enforce any provision of this Regulatory Agreement against the Owner, the Project, the Site or any Dwelling Unit on the Site: This Regulatory Agreement is entered into for the sole benefit of CITY OF ARCADIA and HSIENTEIN PROJECT INVESTMENT, LLC and its successors, and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement. No other person or entity shall have any right to sue for damages or other relieves against the City for failure to enforce this Regulatory Agreement or against the Owner for breach thereof. Section 12. Events of Default. The occurrence of any of the following events shall constitute a material breach of this Regulatory Agreement by the Owner and, if not corrected, cured or remedied in the time period set forth in Section 13, shall constitute an "Event of Default": 6 a ' (a) failure of the Owner or any person under its direction or control to comply with or perform when due any material term, obligation, covenant or condition contained in this Regulatory Agreement; and (b) any warranty, representation or statement made or furnished to the City by the Owner under this Regulatory Agreement, express or implied, is false or misleading in any material respect either now or at the time made or furnished. Section 13. Notice of Default. Following notice to the City of the occurrence of an Event of Default, the City shall give written notice of default to the Owner in accordance with Section 21, stating that such notice is a "Notice of Default", specifying the default complained of by the City and requiring the default to be remedied within thirty (30) days of the date of the Notice of Default. Except as required to protect against further material damage, the City may not institute legal proceedings against the Owner regarding any Event of Default until thirty (30) days after giving the notice provided for in this Section 13. Failure or delay in giving notice shall not constitute a waiver of any default, nor shall it change the time of occurrence of the default. Section 14. Inaction Not a Waiver of Default. Any failure or delays by the City in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies. Delays by the City in asserting any of its rights and remedies shall not deprive the City of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies. Section 15. Remedies. Upon the occurrence of an Event of Default, the City shall, in addition to the remedial provisions of Section 6 relating to a Maintenance Deficiency at the Site, be entitled to seek any appropriate remedy or damages by initiating legal proceedings as follows: (a) by mandamus or other suit, action or proceeding at law or in equity, to require the Owner to perform its obligations and covenants under this Regulatory Agreement, or enjoin any acts or things which may be unlawful or in violation of the rights of the City under this Regulatory Agreement; or (b) by other action at law or in equity as necessary or convenient to enforce the obligations, covenants and agreements of the Owner to the City pursuant to this Regulatory Agreement. Section 16. Rights and Remedies are Cumulative. The rights and remedies of the City under this Regulatory Agreement are cumulative and the exercise by the City of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the Owner under this Regulatory Agreement. Section 17. Conflict of Interest. No member, official or employee of the City having any conflict of interest, direct or indirect, related to this Regulatory, Agreement or the development of the Site or the Project shall participate in any decision relating to this Agreement. The Parties represent and warrant that they do not have knowledge of any such conflict of interest. Section 18. Warranty Against Payment of Consideration for Agreement. The Owner warrants that it has not paid or given, and will not pay or give, any third parry any money or other consideration for obtaining this Regulatory Agreement. Third parties, for the purposes of this Section 18, shall not include persons to whom fees aze paid for professional services, if rendered by attorneys, financial consultants, accountants, engineers, architects and the like when such fees are considered necessary by the Owner. Section 19. Attorney's Fees. In the event that the City brings an action to enforce any condition or covenant, or restriction set forth in this Regulatory Agreement or otherwise arising out of this Regulatory Agreement, the prevailing party in such action shall be entitled to recover from the other party reasonable attorneys' fees to be fixed by the court in which a judgment is entered, as well as the costs of such suit. If a party other than the City initiated an action to enforce this Regulatory Agreement, that party shall not be entitled to recover attorney fees, even if they would otherwise be available to that party in any such action. For the purposes of this Section 19, the words "reasonable attorneys' fees" in the case of the City, include the salaries, costs and overhead of the lawyers employed in the Office of the City Attorney of the City of Arcadia who provide legal counsel to the City in such an action, as allocated on an hourly basis. Section 20. Severability. If any provision of this Regulatory Agreement shall be declared invalid, inoperative or unenforceable by a final judgment or decree of a court of competent jurisdiction such invalidity or unenforceability of such provision shall not affect the remaining provisions of this Regulatory Agreement, which are hereby declared by the City and the Owner to be severable from any other provision that is found by a court to be invalid or unenforceable. Section 21. Notices. (a) Any notice required to be given under this Regulatory Agreement shall be given by the City or by the Owner, as applicable, by personal delivery or by First Class United States Mail at the addresses specified below or at such other address as may be specified in writing by the City or the Owner, respectively: If to the City: City of Arcadia 240 West Huntington Drive Arcadia, California 91007 Attn: City Manager If to the Owner: Addressed to the Site or the Dwelling Unit with copy to Hsientein Project Investment, LLC P.O. Box 1462 Arcadia, California 91007 Attn: Yue-Fan Chang (b) Notice shall be deemed given five (5) calendar days after the date of mailing. or, if personally delivered, when received or delivery rejected. 8 ~a Section 22. Binding on Successors and Assigns. This Regulatory Agreement shall be binding upon .and inure to the benefit of the Parties-and their respective heirs, executors, administrators, legal representatives, successors and assigns Section 23. Amendment. This Regulatory Agreement may be amended after its recordation only by a written instrument executed by both the Owner and the City. Section 24. Termination. Any provision or section of this Regulatory Agreement may be terminated upon written agreement between the City and the Owner, if the City in its reasonable discretion determines that such a termination will not adversely affect the Senior Citizen housing goals of the City. Section 25. Governing Law. This Regulatory Agreement shall be governed by the laws of the State of California. [SIGNATURES FOLLOW ON NEXT PAGE] 9 IN WITNESS WHEREOF, the Owner and the City have caused this Regulatory Agreement to be signed, acknowledged and attested on their behalf by their duly authorized representatives, as set.forth below: OWNER HSIENTEIN PROJECT INVESTMENT, LLC, a California limited liability company Bp•.G OG Yue-Fan Chang, Managing Member CITY CITY OF ARCADIA, a public body corporate and politic By: ~;1X"~ ~~0~ City Manager Atte t: ~j By: / City Clerk Approved as to Form: Stephen P. Deitsch Gity Attorney 10 STATE OF CALIFORNIA COUNTY OF Los Angeles ss. ~~ On November z 2007 before me, xevin Nsn , Notary Public, personally appeared rue-Fan chano , personally known to me to be the person(s) whose name(s) is/ate subscribed to the within instrument and acknowledged to me that Iis'/she/tdik~ executed the same in Yu's/her/tlisst authorized capacity(ies), and that by hjg/her/t(aI~'iX signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Notary Public KEVw rlsu _ commuuonal6vasaa NOlary Publ~ - CaIIfOrNO Loa Argelee Cgmly MyCaron. F.xpUef Sep 12,201 11 STATE OF CALIFORNIA COiJNTY OF ss. ~3 On 01/~mhtr (~ 2007 before me, /1 SQ ~?Grr'e lYlusJtnder~ , Notazy Public, personally appeared ~I/ i ~ ~ i R lri LG S I X , personally known to me 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. WITNESS my hand and official seal. 11 MMR~MgI~ ` MO1vYNtlk• lfl7>~ otary Pu lic ,x,,,101 ~!M e~ 12 e ~~ "EXHIBIT A" LEGAL DESCRIPTION Real property in the City of Arcadia, County of Los Angeles, State of California, described as follows: PARCEL 1: (PORTION OF APN: 5775-015-012) THAT PORTION OF LOT(S) 1 OF TRACT NO. 999, IN THE CITY OF ARCADIA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 17, PAGE(S) 13 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST WESTERLY CORNER OF THAT PARCEL OF LAND DESCRIBED IN PARTIAL RECONVEYANCE AND RECORDED IN BOOK 22666, PAGE 89, OFFICIAL RECORDS, OF SAID COUNTY, SAID POINT OF BEGINNING [N THE CURVED EASTERLY LINE OF COLORADO PLACE, (FORMERLY COLORADO STREET) 80 FEET IN WIDTH, THE SAME AS DESCRIBED IN DEED TO THE SAID CITY OF ARCADIA, RECORDED IN BOOK 9396, PAGE 195, OFFICIAL RECORDS OF SAID COUNTY (A RADIAL BEARING TO SAID POINT BEARS SOUTH Sl° 24' 17" WEST; THENCE NORTH 35° 59' S3" EAST ALONG THE NORTHWESTERLY LINE OF SAID PARCEL 269.75 FEET TO THE INTERSECTION WITH THE SOUTHWESTERLY LINE OF TRACT 13154, AS SHOWN ON MAP RECORDED IN BOON 264, PAGES 3 AND 4 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE NORTH 29° 53' 09" WEST 101.73 FEET TO THE MOST WESTERLY CORNER OF LOT 32, TRACT 13154; THENCE SOUTH 96° 18' S2" WEST 262.17 FEET TO THE INTERSECTION WITH THE NORTHERLY LINE OF SAID COLORADO PLACE; THENCE SOUTH 30° 33' 16" EAST ALONG SAID NORTHEASTERLY LINE 54.83 FEET TO THE BEGINNING OF A TANGENT CURVE THEREIN CONCAVE TO THE NORTHEAST, AND HAVING A RADIUS OF 676.78 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE 95.17 FEET TO THE POINT OF BEGINNING. PARCEL 2: (PORTION OF APN: 5775-015-012) THAT PORTION OF LOT 1 TRACT 949, IN THE CITY OF ARCADIA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED [N BOOK 17, PAGE 13 OF MAPS, IN TH E OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THAT PARCEL OF LAND CONVEYED TO JAMES EDWARDS JR., AND DESCRIBED IN THE DEED RECORDED IN BOOK 19130, PAGE 66, OFFICIAL RECORDS OF SAID COUNTY; THENCE SOUTH 22° 21' S7" WEST 250 FEET ALOIVG THE NORTHWESTERLY LINE OF THE PARCEL SO DESCRIBED 250 FEET TO THE INTERSECTION WITH THE CURVED EASTERLY LINE OF COLORADO PLACE (FORMERLY COLORADO STREET) 80 FEET IN WIDTH, AS THE SAME IS DESCRIBED [N DEED TO SAID CITY OF ARCADIA, AND RECORDED IN BOOK 9396, PAGE 145, OFFICIAL RECORDS OF SAID COUNTY, (A RADIAL BEARING TO SAID POINT OF INTERSECTION BEARS SOUTH 36° 34' 22" WEST); THENCE NORTHWESTERLY ALONG SAID EASTERLY LINE OF COLORADO PLACE, ALONG A CURVE CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 676.78 FEET A DISTANCE OF 175.00 FEET (A RADIAL BEARING TO SAID POINT BEARS SOUTH 51° Z4' 17" WEST); THENCE NORTH 35° 59' S3" EAST 269.75 FEET TO THE INTERSECTION W1TH THE SOUTHWESTERLY LINE OF TRACT 13154, AS PER MAP RECORDED IN BOOK 264, PAGES 3 AND 4 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE SOUTH 29° 53' 09" EAST, ALONG THE SOUTHWESTERLY LINE OF SAID TRACT 13154, A DISTANCE OF 125 FEET TO THE POINT OF BEGINNING. I~ ~~ PARCEL 3:(APN: 5775-015-010) THAT PORTION OF LOT 1 OF TRACT 949, IN THE CITY OF ARCADIA, IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 17 PAGE 13 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 33 OF TRACT 13154 AS SHOWN ON MAP RECORDED IN BOOK 264 PAGES 3 AND 4 OF SAID MAPS, THENCE SOUTH 46° 18' S2" WEST- 88.30 FEET TO THE PO[NT OF BEGINNING; THENCE NORTH 46° 16' S2" EAST 88.30 FEET TO SAID MOST SOUTHERLY CORNER OF LOT 33; THENCE NORTH 6° 07' 35" WEST 99.64 FEET TO THE MOST WESTERLY CORNER OF SAID LOT 33; THENCE SOUTHWESTERLY 71.07 FEET ALONG THE CURVED SOUTHEASTERLY LINE OF SAN JUAN DRIVE 60.00 FEET [N WIDTH AS SAME IS SHOWN ON MAP OF TRACT N0. 14745 RECORDED IN BOOK 304 PAGES 34 AND 35 OF SAID MAPS, BEING A CURVE CONCAVE TO THE SOUTH AND HAVING A RADIUS OF 340.00 FEET; THENCE SOUTH 59° 26' 44" WEST TANGENT TO SAID CURVE 2.97 FEET, MORE OR LESS, TO THE INTERSECTION WITH A LINE WHICH IS PARALLEL WITH THE WESTERLY LINE OF SAID LOT 33; TRACT 31, 13154, AND WHICH PASSES THROUGH THE TRUE POINT OF BEGINNING; THENCE SOUTH 6° D7' 35" EAST ALONG SAID PARALLEL LINE 129.80 FEET TO THE TRUE POINT OF BEGINNING.