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HomeMy WebLinkAbout11 LETTER AGREE W/UNITED STATES ARMYAGENDA REPORT MEETING DATE: JUNE 18, 2013 TO: JEFFREY C. PARKER, CITY MANAGER Agenda Item Reviewed: City Manager Finance Director SUBJECT: LETTER AGREEMENT BETWEEN THE CITY OF TUSTIN AND UNITED STATES ARMY SUMMARY The United States (acting by and through the Secretary of the Army, represented by the U.S. Army Corps of Engineers, or the "Army") and the City of Tustin have been in discussions regarding a potential land exchange of the existing Tustin Army Reserve Center for another similar parcel at Tustin Legacy. The City is interested in pursuing such an exchange to potentially enhance the development potential of The District at Tustin Legacy which desires to expand its retail shopping center, including facilitating additional parking and circulation. In furtherance of good faith negotiations, approval is requested to enter into a Letter Agreement between the two parties obligating the City to fund services to be performed by the Army to effectuate a potential land exchange at no costs to the Army. It is recommended that the City Council: Authorize the City Manager to execute the attached Letter Agreement between the United States (acting by and through the Secretary of the Army or the "Army") and the City of Tustin committing the City to fund services to be performed by the Army in furtherance of good faith negotiations of a land exchange between the parties. 2. Approve a supplemental appropriation of $170,000 from the unappropriated reserves of the Land Proceeds Fund (Fund 189) with $87,000 for Fiscal Year 2012-2013 and $83,000 for Fiscal Year 2013-2014 to fund the services required pursuant to the Letter Agreement between the United States Army and the City of Tustin. Agenda Report Letter Agreement Between City and U.S. Army June 18, 2013 Page 2 FISCAL IMPACT The cost of the services to be performed by the United States Army pursuant to the Letter Agreement between the United States Army and the City of Tustin will not exceed $170,000 and will be funded from the Land Proceeds Fund (189- 80 -00- 6010). BACKGROUND Over the last few years the City of Tustin and the United States (acting by and through the Secretary of the Army, represented by the U.S. Army Corps of Engineers, or the "Army") have unsuccessfully engaged in numerous discussions regarding a potential relocation of the existing Tustin Army Reserve Center currently located at 2345 Barranca Parkway (NEC Tustin Ranch Road and Barranca Parkway) adjacent to The District at Tustin Legacy to another parcel outside of Tustin Legacy. In December 2012 the City identified for the first time a potential exchange parcel at a location in Tustin Legacy as a result of new parcel configurations resulting from a pending land exchange between the City and the South Orange County Community College District (SOCCCD). The potential exchange parcel is a 15-acre site located at the northeast corner of Red Hill Avenue and Warner Avenue. The City currently owns 8.2 acres of the site and will receive the remainder of the site (6.8 acres) from the SOCCCD upon completion of the land exchange between the City and SOCCCD over the coming weeks. The Army immediately expressed interest in the site with a primary concern related to timing. Up until January 2013 the Army had been proceeding forward with the design of a new facility at the existing Tustin Army Reserve Center. In order to begin focusing on the new site, which will require a new site and facility design, the Army must immediately proceed with its due diligence concurrent with the City and Army negotiating an Exchange Agreement between the City and Army. The Exchange Agreement must be executed as soon as possible to ensure Federal Milcon funding will still be available for the alternate site for the next fiscal year. In order for the Army to proceed with its due diligence and related tasks necessary to complete the Exchange Agreement listed in Exhibit A of the Letter Agreement, the City and Army need to execute the attached Letter Agreement that commits the City to fund the Army's costs to complete the exchange. Payment by the City of the Army's due diligence costs will not obligate the Army to enter into the land exchange but is done in furtherance of good faith negotiations in contemplation of the land exchange. The Army has estimated the cost of services to be $87,000 with the total not-to-exceed amount at $170,000. The City's special military counsel Kutak Rock in Washington, DC, George Agenda Report Letter Agreement Between City and U.S. Army June 18, 2013 Page 3 Schlossberg, has reviewed the Letter Agreement prepared by the Army and provided input that has been preliminarily accepted by the Army. A copy of the Letter Agreement is attached for City Council consideration. Given timing considerations, the City Manager also requests authority to make minor modifications to the Agreement as may be recommended and approved by the City's special real estate counsel in our final negotiations with the Army, if necessary, provided that such modifications do not result in any additional costs of the Army transaction being borne by the City. Upon execution of the Letter Agreement the Army will then immediately commence with its due diligence while the City and Army negotiate an Exchange Agreement that will be brought back to the City Council for future approval. Staff will be available to answer any questions. MatiMest Project Manager Attachment: 1. Letter Agreement between United States Army and City of Tustin LETTER AGREEMENT BETWEEN THE UNITED STATES ARMY AND CITY OF TUSTIN, CALIFORNIA This Letter Agreement (LA) is made as of the day of June, 2013, by and between the United States of America, acting by and through the Secretary of the Army, represented by the U.S. Army Corps of Engineers, (USACE), Sacramento District, (hereinafter also referred to as the Government), and the City of Tustin (hereinafter also referred to as the City). The Government and the City are also collectively referred to as the "Parties." WITNESSETH: WHEREAS, Title 10, United States Code, section 18240, allows the Secretary of Defense to authorize the Secretary of the Army to acquire a facility, or addition to an existing facility, needed to satisfy military requirements by exchange of an existing facility in certain lands in Tustin, California; WHEREAS, The Defense Authorization Act of 1998, Section 2813(a), codified at 10 United States Code, sections 2695(a) and (b)(1), authorize the Secretary of a military department to accept funds provided by a non-federal person or entity to cover administrative expenses incurred by the Secretary in entering into an exchange of real property; and WHEREAS, Certain activities described in Attachment A, attached hereto and incorporated herein, are necessary to further facilitate the exchange of Government real property interests known as the Tustin Army Reserve Center 14.5 net acres located at APN 434-021-22) at 2345 Barranca Parkway, Tustin, California, for City real property of approximately 15.0 net acres located at Red Hill Road and Warner in Tustin, CA (Attachments B and C, respectively, attached hereto and incorporated herein). NOW THEREFORE: 1. PURPOSE AND INTENT a. The Parties acknowledge that this LA is in furtherance of good faith negotiations in contemplation of the fee transfer of the Government property shown on Attachment B in exchange for the City conveyance of a fee interest in that certain 15 acre tract of land described in Attachment C which is owned by the City of Tustin. b. This LA is specifically and solely intended to address all activities, inclusive of those activities listed in Attachment A, necessary to complete the 929563.1 contemplated Exchange so that the Exchange will be accomplished at no cost or expense to the Government. This LA imposes no obligation on either Party beyond the terms and conditions of this LA, and either Party, at its sole discretion, may elect not to proceed with the contemplated Exchange with no obligation or liability beyond the terms and conditions of this LA. C. The Parties intend this LA to constitute a legally binding contract, notwithstanding the Parties have not yet entered into a contract for the Exchange. The Parties acknowledge that neither Party has made a decision concerning the contemplated Exchange and that the Parties shall be obligated to proceed with the Exchange only in the event the Parties execute a fon-nal agreement for the Exchange. (hereinafter the "Exchange Agreement"). 2. OBLIGATIONS OF THE PARTIES a. In consideration of the services conducted or actions taken by the Government listed on Attachment A, as soon as practicable, but not later than fifteen (15) days following execution of this LA by all parties, the City shall pay Eighty Seven Thousand U.S Dollars ($87,000) to the Government, as the estimated cost of the services to be performed by the Government. If the Government's costs under this LA are later forecasted to exceed the amount of funds made available to the Government under this LA, the Government shall promptly notify the City of the amount of additional funds required to accomplish the items listed in Attachment A. While Attachment A is an attempt to identify the activities and consequent costs necessary to accomplish the contemplated Exchange, additional activities and costs may subsequently be identified by the Government. If the required additional funds are not provided within fifteen (15) days of said notice, the Government may direct termination of the work under this LA. The City further understands that failure to provide the additional funds necessary to complete the additional activities, so identified for the contemplated Exchange, will preclude the formal execution of the Exchange Agreement as contemplated by the Parties. On a monthly basis, if requested, the Government shall provide to the City an accounting of the actual costs of work performed. Within thirty (30) days of completing all work contemplated under this LA and the Exchange, the Government shall conduct an accounting to determine the actual costs of the work performed. Within thirty (30) days of completion of this accounting, the Government shall return to the City any funds advanced in excess of the actual costs as then known. Established Government accounting procedures shall be used. Except as provided herein, the amount of funds advanced by the City, under this LA, shall be non-refundable. b. The Government shall commence and complete the services listed on Attachment A with due diligence, pursuant to the cost schedule. C. Funds shall be made payable to: Finance and Accounting Officer, USAED and forwarded to USAGE, Sacramento District Corps of Engineers, Attn: Mr. Stan Wallin, CESPK-RE, 1325 J Street, Sacramento, CA 95814, with a copy of this LA attached. 929563.1 2 3. MODIFICATION OR TERMINATION OF AGREEMENT a. The City or the Government shall have the option to terminate this LA by giving written notice to the other party, specifying the effective date of the termination of work, at least ten (10) days before such effective date. Notwithstanding the foregoing, the City shall be required to pay for all services performed by the Government up to and inclusive of the effective date of any termination of the work. Within thirty (30) days following the effective date of the termination of work, Government shall provide to the City a final accounting of the actual costs of the work performed by Government and return to the City any funds advanced in excess of the actual costs as provided in Article 2(a). b. This LA contains the entire agreement between the Parties regarding funding the activities listed in Attachment A for the Exchange. Any revision of this LA shall be in writing and signed by the Parties hereto. This LA shall not merge into any subsequent agreement between the Parties, including the Exchange Agreement and documents related thereto. C. This LA shall be effective as of the date executed by both Parties, and shall remain in effect until the Exchange and the final accounting pursuant to Article 2(a) is completed, or, in the event of a Party's receipt of written notice of termination from the other, following the final accounting of funds contemplated under Articles 2(a) and 3(a), above. 4. LIMITATION OF LIABILITY The Parties expressly acknowledge and agree that the services and activities to be performed under this LA and in connection with the contemplated Exchange are to be performed and completed at no cost or expense to the Government. Notwithstanding the foregoing, the Parties further acknowledge and agree that the Government's obligation, if any, to advance any money under this LA is subject to the availability of appropriated funds to the Department of Army, and nothing in this LA shall be interpreted to require obligations or payments by the United States in violation of the Anti-Deficiency Act; provided that the Government shall otherwise comply with all applicable statutory requirements and its obligations under the terms of this LA. The Parties expressly acknowledge and agree that notwithstanding anything to the contrary in this LA, the City's obligation to pay for administrative services to be performed by the Government shall not exceed the fixed sum of One Hundred Seventy Thousand U.S. Dollars ($170,000) without the express written agreement of the City. 5. DISPUTES 929563.1 3 a. This LA is subject to the Contract Disputes Act of 1978 ("Act"). Except as provided in the Act, all disputes arising under or relating to this contract shall be resolved under this clause. b. "Claim," as used in this clause, means a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to this contract. C. A claim arising under a contract, unlike a claim relating to that contract, is a claim that can be resolved under a contract clause that provides for the relief sought by the claimant. However, a written demand or written assertion by the Contractor seeking the payment of money exceeding $100,000 is not a claim under the Act until certified as required by the following paragraph. A voucher, invoice or other routine request for payment that is not in dispute when submitted is not a claim under the Act. The submission may be converted to a claim under the Act by complying with the submission and certification requirements of this clause, if it is disputed either as to a liability or amount or is not acted upon in a reasonable time. d. A claim by the Contractor shall be made in writing and submitted to the Contracting Officer for a written decision. A claim by the Government against the Contractor shall be subject to a written decision by the Contracting Officer. For Contractor claims exceeding $100,000, the Contractor shall submit with the claim a certification that the claim is made in good faith, supporting data are accurate and complete to the best of the Contractor's knowledge and belief and the amount requested accurately reflects the contract adjustment for which the Contractor believes the Government is liable. e. If the Contractor is an individual, the individual shall execute the certification. If the Contractor is not an individual, the certification shall be executed by a senior company official in charge at the Contractor's plant or location involved or an officer or general partner of the Contractor having overall responsibility for the conduct of the Contractor's affairs. f For the Contractor claims of $100,000 or less, the Contracting Officer must, if requested in writing by the Contractor, render a decision within 60 days of the request. For Contractor certified claims over $100,000, the Contracting Officer must, within 60 days, decide the claim or notify the Contractor of the date of which the decisions will be made. 9- The Contracting Officer's decision shall be final unless the Contractor appeals or files a suit as provided in the Act. h. The Government shall pay interest on the amount found due and unpaid from (1) the date the Contracting Office receives the claim (properly certified if required) or (2) the date payment otherwise would be due, if that date is later, until the date of payment. Simple interest on claims shall be paid at the rate, fixed by the Secretary of the 929563.1 4 Treasury as provided in the Act, which is applicable to the period during which the Contracting Officer receives the claim and then at the rate applicable for each six (6) month period as fixed by the Treasury Secretary during the pendency of the claim. i. The contractor shall proceed diligently with performance of this contract, pending final resolution of any request for relief, claim, appeal or action arising under the contract and comply with any decision of the Contracting Officer or the designated representative. 6. NOTICES Notices pursuant to this LA will be sent by the Parties to each other by U.S. Mail or by rapid courier (such as Federal Express) addressed to the following addresses, or such other addresses as the parties may from time to time designate to each other in writing. U.S. ARMY CORPS OF ENGINEERS CITY OF TUSTIN ATTN: CESPK-RE, STAN WALLIN ATTN; CITY MANAGER 1325 J STREET (SUITE 802) 300 CENTENNIAL WAY SACRAMENTO, CA 95814 TUSTIN, CA 92780 BASED ON THE FOREGOING, the Parties hereto, acting by and through their duly authorized representatives, have executed this Letter Agreement as of the day and year first above written. THE UNITED STATES OF AMERICA BY: NAME: SHARON CAINE TITLE: Chief, Real Estate Division USACE, Sacramento District__ 929563.1 5 CITY OF TUSTIN 117-113 NAME: JEFFREY C. PARKER TITLE: City Manager ATTACHMENT "A" COST SCHEDULE ESTIMATE TASK LIST Items necessary to complete the contemplated Exchange Agreement: Letter Agreement (LA) $3,500 Exchange Agreement $15,000 Title 10 $3,500 Site Survey of AR Site $15,000 FOST for AR Site $15,500 Preliminary Title Review $3,000 Quit Claim Deed $3,500 Closing Costs $10,000 Attorney Review $8,000 Due Diligence $5,000 Audit $5,00 TOTAL $87,000 Prepared in accordance with Department of Defense Financial Management Regulation, Chapter 1, Volume 11 A. Note: This is just an estimate. Please remember costs are subject to actual cost. Estimate includes all known tasks necessary to perform and complete the Exchange process. While this estimate is an attempt to identify the activities necessary to accomplish the contemplated Exchange, additional activities may subsequently be identified by the Government. 929563.1 6 ATTACHMENT "B" [Army to Insert] 92963.1 SHEET 1 OF t " BLOCK 5951 RECORD OF SURVEY MODULES 09,19 NO. 9 9 T 1 O 4 1 IN THE CITY OF TUSTIN, COUNTY OF ORANGE. STATE OF CALIFORNIA O BEING A SURVEY F A PORTION OF BLOCK 47, IRVINE'S SUBDIVISION, M.R.M. 1/88 WAYS AND ASSOCIATES JE FFERY L. NAYS, LS 6379 DATE OF SURVEY: MAY S, 1999 COMW SUNWEYOR'S STATEMFNL- THIS MAP HAS BEEN EXAMINED IN ACCORDANCE WITH SECTION 5756 OF THE LAW SURVEYOR'S ACT INS'?,dN'f 1 DAY OF 1999 GWAS, COUNTY SURVEYOR THE PURPOSE OF THIS SURVEY IS TO DOCUMENT TIE. POSITION OF FOUQ MONLWMTA710H AND TO DOCUMENT A PROPOSED FEDERAL TRANSFER OF PROPERTY FROM THE DEPARTMENT OF THE NAVY TO THE DEPARTMENT DF Tit ARMY, I ti I Q Cr X I z a ` J c W Q�a (n ;j, 3 r 0 z x [r z W II � f ti I { CITY OF IMNE _ 7,S 110 ACCEPTED " FLED AT THE REQUEST OF oG Sy2yyA�o7t DATE 56PT. 4 1919 TIME --tLLCft5 _FEE f INSTRUMENT P I l "aa37073,Es BOON IS, PACE GARY L CRANY1ILE OOUNFY CLEAN - RECORDER D� DEPUTY CRY QlQ*WER'SiTATLM[IIT. OF COItPL1A110E I HEREBY STATE THAT I HAVE EXAMINED THIS RECORD OF SURVEY PURSUANT TO SECTION 6762.5 OF THE L.VWD SURHlI'pCS ACT. AND THAT 11 IS IN COMPU%4CE WYTH THE SUBDIVISION MAP ACT, ONISION 2 OF TIRE 7 OF AE COVERNMEW COOS OR ANY APPLICABLE LOCK OROOO NCE ENACTED PURSUANT THERETO. i�T'3FL716--- 9;� t WY RE cNaNdrp or GISTRATION DOMES: 970101 FWN4 2 1/2' BRASS CAP STAMPED TS 3244• iifl PROPOSED TUSTlN IN OCS WEL.e. z�'"i Iw39T-M P 4 e' C/L P ROAD PER City OF TUSTIN _.__ 8 4040108' E 302.70' e'4`tt'20'Stl'R+1714. '339. r °p�L 52 411 tIP� ry \ 1I4 I �v ix z U� 27 \�4`j Z' \© I 2 PROPOSED PARCEL 1 FUTURE NE'LT RK.71T OF WAY -"` ULOT Of aWRNMA PARKWAY CV57M NCLY ROff OF WAY LIMIT OF BARRAWA PARKWAY OF TUSTIN Q Pxr.w N 4040'06' E 540.00' Q Y ' 14,410 K. _ PARCEL t P I i CPS 1.. 6552 - FOLIO 2 1/2' f SPAS$ CAP STAMKO 1S 3246' IN _ OCS WELL PEA R.S. 9'4- 1.2, R.S.B »5X2 -3. S 110 vYJ J h+ T! MMM W NOTES: Qt FCt P COPPER WELD ROD TAGGED 'tJSQE 1996' S 6X09'59' E 0.72'. NO REFT RE . ED REMOV PER NOTE BELOW. SET 2' ROM PIPE TAG= 'LS 6379' AT CORNER PARCEL I. p F0UM0 NOTNMG. SET 2' IRON PIPE. NCD TAO 'LS 6379' AT B.C. PARCEL 1. p FOUND COPPER 'WELD ROD TAGGED J4CE T946' S 15'21'33' E 0.54', NO REFERENCE, REM(M PER NOTE BELOW. SET 2 WON POPE TAGGED 15 S379' AT CORP" PARCEL 1. �'OUNp COPPER WELD ROD TAGGED ISM © 1996' N 69'07'15' E OAS', 14D REFERENCE, REMOVED PER NOTE BELOW. SET Y ROM PIPE TAGGED 1S 5379' AT CORNER PARCEL I. p POIJMO COPPER WELD RDD TAGGED 'USC.E 96' 19 S 79`13'04' E 0.56'. NO REFERENCE. REMOVED PER NOTE WAD*. SET LEAD TACK AND TAG, %S 6379' IN FENCE POST FOOTING AT CORNER .ARM t. NM - { ) IMICATES RECORD PEI RS 97 -1015 94 INV41 -m f - F9m MOH••i�a/�[�NT AS NOTLD W BEARIMCS SHOWN ON INS "VEY ARE Sk= ON THE CENTERUIE OF S4NRAI" PARKWAY SHOWN AS 'N 4719'54' 1I' AS SH400W ON RECORD OF SURVEY ND. 9T -1015. FRED IN RECORD OF SURVEY BOOR 105. PAGES 31 THROUGH 36, NN2USNE, THIS MAP CORAECAY REPRESENTS A SURVEY MADE BY ME, UR UNDER NY DIRECTION W COMFORNANCE WITH THE REQUIREMENTS OF THE LN10 SURVEYOR'S ACT AT THE REQUEST OF ME MARK CURER, 63D RECOW SUPPORT COMMANO. Ark AFWC- CCA -EMP. P.O. BOX 3001. LOS ALM9TOS. CA W720-35M. ON MAY 5. 19041. fAr � 1. ATFERY L I4AY4. LS. 6379 MY REGISTRATION EXPIRES 12 -31 -02 1 7w 0 LOT 1m. 'LOCK R. M91 UK UK lot kACm 0, WN t VSCE MONUMENTS SHORN AWA WERE SET BY THE UNITED 51A NS ARMY CORPS OF ENOI CERS BASED UPON POWDONS THAT PAVE BEEN KVIKA. THESE YOWWENTS HAVE BEEN REMOM NO REPLACED AS SHOWN A6WL PER LETTER DATED JUNE !6. 1999 FROM RICHARD A CARZA LIEUTENANT COLONEL J.S ARAM RESERVE_. DEPUTY CHEF OF STAFF, ENOHNEEA. Description: Orange,CA Record of Survey - Book.Page 175.48 Page: 1 of 1. n ATTACHMENT "C" 929563A CITY WARNER PARCEL Tustin, CA Portion of AYN: 430-283-16 and 430-283-18 May 15, 2013 BKF No. 20122006-13 Page I of 2 Real property situated in the City of Tustin, County of Orange, State of California, described as follows: BEING a portion of PARCEL I-E-2 as said parcel is described in that certain document entitled "QUIT CLAIM DEED E AND ENVIRONMENTAL RESTRICTION PURSUANT TO CIVIL CODE SECTION 1471" file for record on May 14, 2002 in Document No. 20020404595, AND ALSO being a portion of PARCEL I-E-1.1, as said parcel is described in that certain document entitled "QUIT CLAM DEED AND ENVIRONMENTAL RESTRICTION PURSUANT TO CIVIL CODE SECTION 1471" filed for record on April 29, 2004 in Document No. 2004000369376, Records of Orange County, more particularly described as follows; BEGINNING at the northerly terminus of the westerly line of said PARCEL I-E-2, as said line is described as North 03*57'37" West, 29.63 feet; Thence along the northwesterly line of said PARCEL I-E-2, the following five (5) courses: I. North 4003799" East, 50.00 feet; 2. South 49 °22'21" East, 12.00 feet; 3. North 40037139" East, 180.00 feet; 4. North 49'22'21" West, 12.00 feet; 5. North 4003739" East, 343.98 feet; Thence leaving last said line, South 49020'45" East, 718.34 feet; Thence South 40'39'07" West, 20.88 feet; Thence South 49'20'45" East, 213.37 feet to the southeasterly line of said PARCEL I-E- 1. 1; Thence along said southeasterly line the following three (3) courses: 1. South 39'51'45" West, 305.52 feet; 2. South 50'08'15" East, 173.88 feet; 3. South 409915" West, 359.25 feet to the southwesterly line of said PARCEL I-E-1.1; Thence leaving last said line and along said southwesterly line of PARCEL 1 -E -1.1 and continuing along the southwesterly line of said PARCEL I -E-2 the following thirteen (13) courses: Page 1 of 2 1. North 48'32'52" West, 200.55 feet to the beginning of a tangent curve concave to the northeast, having a radius of 2,285.06 feet; 2. Along said curve, through a central angle of 00'43'09", for an are length of 28.68 feet; 3. North 40'50'28" East, 21.07 feet; 4. North 49'09'32" West, 15.93 feet; 5. South 40'50'28" West, 20.64 feet to the beginning of a non-tangent curve concave to the northeast, having a radius of 2,285.06 feet, to which point a radial line bears South 42034'15" West; 6. Northwesterly along said curve, through a central angle of 04'29'36", for an arc length of 179.20 feet; 7. North 42056'09" West, 393.18 feet to the beginning of a tangent curve concave to the southwest, having a radius of 2,415.06 feet; 8. Along said curve, through a central angle of 0l '48'54", for an arc length of 76.50 feet to the beginning of a reverse curve having a radius of 59.00 feet; 9. Along said reverse curve through a central angle of 06*23'18", for an arc length of 6.58 feet; 10. North 38'12 1'45" West, 88.05 feet to the beginning of a tangent curve concave to the southwest, having a radius of 59.00 feet; 11, Along said curve, through a central angle of 10111'07", for an arc length of 10.49 feet; 12. North 48032'52" West, 94.67 feet; 13. North 03'5737" West, 29.63 feet to the POINT OF BEGINNING. Containing an area of 653,400 square feet, 15.000 acres more or less. Being a portion of Assessor's Parcel Numbers 430-283-16 and 430-283-18 As shown on Exhibit "B" attached hereto and made a part hereof. For: BKY Engineers By: Davis Thresh, P.L.S. No. 6868 License expires: 09-30-2014 Date: KASur121122006.13 ATEP Land Swap Ptats\DWOMAIMLAND EXCHANGE LEGAUMAREA AAA Page 2 of 2 P.O.B 1 N 40'37'39' E . -- --1 48'32'52" W 94.67' C3 N 38*21'45" W 88.05' IRED HILL AVENUE N 40*37'39" E 343.98' S 42*34'15" W PARCEL I—E-1.1 DOC. NO. 2004000369376 R=2285.06' A--4'29'36" L= 179.20' -6� R=2285.06' > A--0*43'09' L=28-68' '45" w 305-52' Ln .A. to i cn Cl AREA A En 4� r'a 06 653,400 sq. ft. 15.000 acres± -46 �A 0� PARCEL I—E-2 - Cn Ln (Ji pli DOC, NO. 20020404595 p" LINE BEARING LENGTH APN: 430-283-18 Ll N 4037'39* E 50 00' �Cl cp- m L2 S 497ZZE 12.00' 0 0) S 40*39'15" W 359-25' L3 N 49'22'21" W 12.00' L4 S 4019'07* W 20.88- LEGEND o APN ASSESSOR PARCEL NUMBER L5 P.O.B. POINT OF BEGINNING 21.07' CURVE RADIUS DELTA LENGTH No. 6868 Cl 2415.06' 1*48'54" 76,50' L6 S 42*34'15" W PARCEL I—E-1.1 DOC. NO. 2004000369376 R=2285.06' A--4'29'36" L= 179.20' -6� R=2285.06' > A--0*43'09' L=28-68' '45" w 305-52' Ln .A. to i cn z En 4� r'a 06 Lp -0 0(li p t1i -46 �A 0� LINE TABLE Cn Ln (Ji pli Co U — i LINE BEARING LENGTH 0 LAND Ll N 4037'39* E 50 00' m L2 S 497ZZE 12.00' 0 S 40*39'15" W 359-25' L3 N 49'22'21" W 12.00' L4 S 4019'07* W 20.88- DAVIS THRESH CURVE TABLE L5 N 40'50'28' E 21.07' CURVE RADIUS DELTA LENGTH No. 6868 Cl 2415.06' 1*48'54" 76,50' L6 N 419'09'32' W 15.93' L7 S 40'50'28" W 20.64' C2 59.00' 6*23'18' 6.58' L8 N 03'57*37" W OF CALI C3 59.00' 10*11'07" 10.49' x:WM2\122CM13 A7rP PLA7S\Dw.\EXC14mGE,PLATS\AREAXDWC PLAT TO ACCOMPANY LEGAL 600 SOUTH MAIN STREET Subject EXHIBIT B SUITE: 920 AREA A ORANGE, CA 92868 Job No. 20122006 714-415-0500 By RL Date 5/7113 Chkd.WS 714-415-0599 (FAX) SHEET 1 OF 1