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HomeMy WebLinkAboutRecorded Doc 2021-072 2{ DOC # 2021-0183975 03/23/2021 05:00 PM Fees: S60.00 Page 1 of 13 Recorded in Official Records County of Riverside Peter Aldana RECORDING REQUESTED BY Assessor-County Clerk-Recorder AND WHEN RECORDED MAIL TO: City of Cathedral City "This document was electronically submitted 68-700 Avenida Lalo Guerrero to the County of Riverside for recording" Cathedral City, CA 92234 Receipted by: DEYANIRA#293 Attention: City Clerk EXEMPT FROM RECORDING FEES PER GOVERNMENT CODE§§6103,27383 (SPACE ABOVE THIS UNE RESERVED FOR RECORDER'S USE) THE UNDERSIGNED GRANTOR DECLARES: DOCUMENTARY TRANSFER TAX IS $ 00°0 Cons'd4► x)6)1 i ec '-I-t v /OU — _X_Computed on full value of property conveyed, or Computed on full value less liens and encumbrances remaining at time of sale. Unincorporated area_X_City of Cathedral City GRANT DEED For valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City of Cathedral City, a municipal corporation, acting in its capacity as the Housing Successor Agency to the former Redevelopment Agency of the City of Cathedral City (in such capacity, referred to herein as the "Grantor") hereby grants and . conveys to A0685 Cathedral City, L.P., a California limited partnership ("Grantee"), the real property consisting of ten (10) vacant parcels located on Landau Avenue between Vega Road and Elizabeth Road, in the city of Cathedral City, California, known as Riverside County Assessor's Parcel Nos. 678-060-001, -002, -003, 004, -005, -049, -050, -051, -052, and -053, and more particularly described in Exhibit A attached hereto and incorporated herein (the "Property"). 1. Development Requirements. The Property is conveyed subject to that certain Disposition, Development and Grant Agreement entered into by and among the Grantor, Urban Housing Communities, LLC, a California limited liability company ("UHC"), and Ikaika Ohana, a Hawaii nonprofit corporation, dated as of December 4, 2018 and recorded in the Official Records of Riverside County ("Official Records") on December 11, 2018 as Document No. 2018 048193"' (the "Agreement"). Grantee assumed UHC's rights and obligations under the Agreement pursuant to an Assignment and Assumption Agreement dated as of April 29, 2019 and recorded in the Official Records on May 2, 2019 as Document No. 2019-0152112. The Grantor and the Grantee have executed a Memorandum of the Agreement dated as of the date hereof (the "Memorandum") which will be recorded in the Official Records substantially concurrently herewith. 2. Development of Improvements. The Grantee hereby covenants and agrees, for itself and its successors and assigns, that the Grantee and such successors and assigns shall promptly begin and diligently prosecute to completion the construction of improvements on the Property (the "Improvements") in accordance with the Agreement, including without limitation in accordance with the provisions of the Agreement that specify the required number of residential units to be constructed and the time period within which construction of OAK#4821-8644-5670 v5 I RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Cathedral City 68-700 Avenida Lalo Guerrero Cathedral City, CA 92234 Attention: City Clerk EXEMPT FROM RECORDING FEES PER GOVERNMENT CODE§§6103,27383 (SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE) THE UNDERSIGNED GRANTOR DECLARES: �1 DOCUMENTARY TRANSFER TAX IS $ O o O� • l O1'ls' tt�'n SS "} n4/00 — _X Computed on full value of property conveyed, or Computed on full value less liens and encumbrances remaining at time of sale. Unincorporated area_X_City of Cathedral City GRANT DEED For valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City of Cathedral City, a municipal corporation, acting in its capacity as the Housing Successor Agency to the former Redevelopment Agency of the City of Cathedral City (in such capacity, referred to herein as the "Grantor") hereby grants and conveys to A0685 Cathedral City, L.P., a California limited partnership ("Grantee"), the real property consisting of ten (10) vacant parcels located on Landau Avenue between Vega Road and Elizabeth Road, in the city of Cathedral City, California, known as Riverside County Assessor's Parcel Nos. 678-060-001, -002, -003, 004, -005, -049, -050, -051, -052, and -053, and more particularly described in Exhibit A attached hereto and incorporated herein (the "Property"). 1. Development Requirements. The Property is conveyed subject to that certain Disposition, Development and Grant Agreement entered into by and among the Grantor, Urban Housing Communities, LLC, a California limited liability company ("UHC"), and Ikaika Ohana, a Hawaii nonprofit corporation, dated as of December 4, 2018 and recorded in the Official Records of Riverside County ("Official Records") on December 11, 2018 as Document No. 2018-0481937 (the "Agreement"). Grantee assumed UHC's rights and obligations under the Agreement pursuant to an Assignment and Assumption Agreement dated as of April 29, 2019 and recorded in the Official Records on May 2, 2019 as Document No. 2019-0152112. The Grantor and the Grantee have executed a Memorandum of the Agreement dated as of the date hereof (the "Memorandum") which will be recorded in the Official Records substantially concurrently herewith. 2. Development of Improvements. The Grantee hereby covenants and agrees, for itself and its successors and assigns, that the Grantee and such successors and assigns shall promptly begin and diligently prosecute to completion the construction of improvements on the Property (the "Improvements") in accordance with the Agreement, including without limitation in accordance with the provisions of the Agreement that specify the required number of residential units to be constructed and the time period within which construction of OAK#4821-8644-5670 v5 1 the Improvements must be completed. The Property is conveyed subject to the requirements of that certain Affordable Housing Regulatory Agreement and Declaration of Restrictive Covenants that will be recorded substantially concurrently herewith (the "Regulatory Agreement"). 3. Certificate of Completion. Promptly following completion of construction of the Improvements and the issuance of a final certificate of occupancy for the Improvements, the Grantor will furnish the Grantee with an instrument so certifying (a "Certificate of Completion"). Such Certificate of Completion shall constitute conclusive determination of satisfactory completion of construction of the Improvements and compliance with the covenants in the Agreement and in this Grant Deed regarding the dates for the commencement and completion of such construction. 4. Non-Discrimination. Grantee shall not restrict the rental, sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property, or any portion thereof, on the basis of race, color, religion, creed, sex, sexual orientation, disability, marital status, ancestry, or national origin of any person. Grantee covenants for itself and all persons claiming under or through it, and this Grant Deed is made and accepted upon and subject to the condition that there shall be no discrimination against or segregation of any person or group of persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property or part thereof, nor shall Grantee or any person claiming under or through Grantee establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in, of, or for the Property or part thereof. All deeds, leases or contracts made or entered into by Grantee, its successors or assigns, as to any portion of the Property or the Improvements shall contain the following language: (a) In Deeds, the following language shall appear: "(1) Grantee herein covenants by and for itself, its successors and assigns, and all persons claiming under or through it, that there shall be no discrimination against or segregation of a person or of a group of persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the property herein conveyed nor shall the grantee or any person claiming under or through the grantee establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the property herein conveyed. The foregoing covenant shall run with the land. OAK#4821-8644-5670 v5 2 "(2) Notwithstanding paragraph (1), with respect to familial status, paragraph (1) shall not be construed to apply to housing for older persons, as defined in Section 12955.9 of the Government Code. With respect to familial status, nothing in paragraph (1) shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11 and 799.5 of the Civil Code, relating to housing for senior citizens. Subdivision (d) of Section 51 and Section 1360 of the Civil Code and subdivisions (n), (o), and (p) of Section 12955 of the Government Code shall apply to paragraph (1)." (b) In Leases, the following language shall appear: "(1) The lessee herein covenants by and for the lessee and lessee's heirs, personal representatives and assigns, and all persons claiming under the lessee or through the lessee, that this lease is made subject to the condition that there shall be no discrimination against or segregation of any person or of a group of persons on account of race, color, creed, religion, sex, sexual orientation, marital status, national origin, ancestry or disability in the leasing, subleasing, transferring, use, occupancy, tenure or enjoyment of the property herein leased nor shall the lessee or any person claiming under or through the lessee establish or permit any such practice or practices of discrimination of segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, sublessees, subtenants, or vendees in the property herein leased. "(2) Notwithstanding paragraph (1), with respect to familial status, paragraph (1) shall not be construed to apply to housing for older persons, as defined in Section 12955.9 of the Government Code. With respect to familial status, nothing in paragraph (1) shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11 and 799.5 of the Civil Code, relating to housing for senior citizens. Subdivision (d) of Section 51 and Section 1360 of the Civil Code and subdivisions (n), (o), and (p) of Section 12955 of the Government Code shall apply to paragraph (1)." (c) In Contracts relating to use or occupancy of the Property or the Improvements, the following language shall appear: "There shall be no discrimination against or segregation of any person or group of persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the property nor shall the transferee or any person claiming under or through the transferee establish or permit any such practice or practices of discrimination or segregation with reference to selection, location, number, use or occupancy of tenants, lessee, subtenants, sublessees or vendees of the land." OAK#4821-8644-5670 v5 3 5. Restrictions on Transfer. The Grantee covenants and agrees that the Property and Improvements will be used for the purposes of timely development of affordable housing as set forth in the Agreement and not for speculation in landholding. The Grantee further recognizes that Grantor entered into the Agreement, permitted its assignment to Grantee, and agreed to convey the Property to Grantee in reliance on the qualifications and identity of Grantee, and that the qualifications of Grantee are of particular concern to Grantor, particularly in view of the importance of the construction of the Improvements to the general welfare of the community, the financial and other assistance provided by Grantor to facilitate development of the Improvements, and the reliance by Grantor upon the unique qualifications and ability of the Grantee to develop, operate and manage the Property as an affordable housing development. Grantee covenants, for itself and its successors and assigns, that there shall be no sale, transfer, assignment, conveyance, lease, pledge or encumbrance of the Agreement or the Property and the Improvements thereon or any part thereof, or of any ownership interest in the Grantee (collectively, "Transfer") in violation of the Agreement. 6. Duration of Covenants. The covenants contained in Section 2 regarding construction shall remain in effect until the issuance of a Certificate of Completion pursuant to the Agreement. The covenants against discrimination contained in Section 4 shall remain in effect in perpetuity. The covenants against prohibited sales, transfers, assignments, conveyances, leases, pledges and encumbrances contained in Section 5 shall remain in effect throughout the term of the Regulatory Agreement. 7. Mortgagee Protection. No violation or breach of the covenants, conditions, restrictions, provisions or limitations contained in this Grant Deed shall defeat or render invalid or in any way impair the lien or charge of any mortgage, deed of trust or other financing or security instrument permitted by the Agreement; provided, however, that any successor of Grantee to the Property and Improvements shall be bound by such remaining covenants, conditions, restrictions, limitations and provisions, whether such successor's title was acquired by foreclosure, deed in lieu of foreclosure, trustee's sale or otherwise. 8. Binding on Successors. The covenants contained in Sections 2, 4, and 5 of this Grant Deed, without regard to technical or legal classification or designation specified in this Grant Deed or otherwise, shall to the fullest extent permitted by law and equity, be binding upon Grantee and any successor in interest to the Property and Improvements or any part thereof, for the benefit of Grantor, and its successors and assigns, and such covenants shall run in favor of and be enforceable by the Grantor and its successors and assigns for the entire period during which such covenants shall be in force and effect, without regard to whether the Grantor is or remains an owner of any land or interest therein to which such covenants relate. In the event of any breach of any of such covenants, the Grantor and its successors and assigns shall have the right to exercise all rights and remedies available under law or in equity to enforce the curing of such breach. 9. Power of Termination. Subject to and in accordance with the procedures and provisions of Section 9.8 of the Agreement, the Grantor has the right, at its option, to re- enter and take possession of the Property, or portion thereof, with all Improvements thereon, OAK#4821-8644-5670 v5 4 and revest in the Grantor the estate conveyed to the Grantee, in the event of a default arising under Section 9.8 of the Agreement. 10. Option to Repurchase. Subject to and in accordance with the procedures and provisions of Section 9.9 of the Agreement, the Grantor has the right, at its option, to purchase and take possession of the Property, or portion thereof, with all Improvements thereon, and revest in the Grantor the estate conveyed to the Grantee, in the event of a default arising under Section 9.9 of the Agreement. The Grantor shall have the right to institute such actions or proceedings as it may deem desirable to effectuate the purposes of Sections 9 and 10 hereof. Any delay by the Grantor in instituting or prosecuting any such actions or proceedings or otherwise asserting its rights hereunder shall not operate as a waiver of or limitation on such rights, nor operate to deprive Grantor of such rights, nor shall any waiver made by the Grantor with respect to any specific default by the Grantee, its successors and assigns, be considered or treated as a waiver of Grantor's rights with respect to any other default by the Grantee, its successors and assigns, or with respect to the particular default except to the extent specifically waived. 11. Amendments. Only the Grantor, its successors and assigns, and the Grantee and the successors and assigns of the Grantee in and to all or any part of the fee title to the Property and Improvements shall have the right to consent and agree to changes or to eliminate in whole or in part any of the covenants contained in this Grant Deed. For purposes of this Section, successors and assigns of the Grantee shall be defined to include only those parties who hold all or any part of the Property and Improvements in fee title, and shall not include a tenant, lessee, easement holder, licensee, mortgagee, trustee, beneficiary under deed of trust, or any other person or entity having an interest less than a fee in the Property and Improvements. 12. Conflict Among Documents. In the event there is a conflict between the provisions of this Grant Deed and the Agreement, it is the intent of the parties that the Agreement shall control. 13. Grantee's Acknowledgement. By its execution of this Grant Deed, Grantee has acknowledged and accepted the provisions hereof. 14. Counterparts. This Grant Deed may be executed in counterparts, each of which shall be an original and all of which taken together shall constitute one and the same instrument. SIGNATURES ON FOLLOWING PAGES. OAK#4821-8644-5670 v5 5 IN WITNESS WHEREOF, Grantor and Grantee have executed this Grant Deed as of March , 2021. GRANTOR: City of Cathedral City, a municipal corporation, acting in its capacity as the Housing Succe so ;gency to the former Redevelopment Agency of the City of Cathedral B . ►'.� .. i _ _/ Print Name:C,`16iYP . wCC11vb 6v Title: C4 HtiVYAG1'G y' APP —cS RM: City Attorney GRANTEE: A0685 Cathedral City, L.P., a California limited partnership By: A0685 Cathedral City Holdings LLC, a California limited liability company Its: Managing General Partner By: Ikaika Ohana, a Hawaii nonprofit corporation Its: Sole Member and Manager By: COUNTERPART John F. Bigley Its: Secretary By: A0685 Cathedral City Admin Holdings LLC, a California limited liability company Its: Administrative General Partner By: COUNTERPART John F. Bigley Its: Manager SIGNATURES MUST BE NOTARIZED. OAK#4821-8644-5670 v5 6 IN WITNESS WHEREOF, Grantor and Grantee have executed this Grant Deed as of March IC0 , 2021. GRANTOR: City of Cathedral City, a municipal corporation, acting in its capacity as the Housing Successor Agency to the former Redevelopment Agency of the City of Cathedral By: COUNTERPART Print Name: Title: APPROVED AS TO FORM: City Attorney GRANTEE: A0685 Cathedral City, L.P., a California limited partnership By: A0685 Cathedral City Holdings LLC, a California limited liability company Its: Managing General Partner By: Ikaika Ohana, a Hawaii ynonprofit corporation Its: Sole Member andteManager By: �`. n F. 6` � Its: Secretary By: A0685 Cathedral City Admin Holdings LLC, a California limited liability company Its: Administrative General Partner By: Jo F. Bigl Its: Manager SIGNATURES MUST BE NOTARIZED. OAK 44821-8644-5670 v5 6 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy,or validity of that document. State of California ) ) ss County of A} 'V51(c ) On I111 I(D ,20 2 J ,before me,TV C.0 Q- it V i V1 7 Name of Notary) notary public,personally appeared CA' (0(.5 P. Y (,e.1v,1(y 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 offici aseal. LtArAintt , 4., TRACEY R.MARTINEZ (Notefry Signature) , . = `„,� Notary Public-California I�' Riverside County Commission#2282778 • My Comm.Expires Apr 21,2023 OAK#4821-8644-5670 v5 7 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) ) ss County ofje ) On��1o� 1 , 20 al , before me, UAjfkr-1 (Z.b)[Ci , (Name fQ,cNot�ry) notary public, personally appeared at ' J who proved to me on the basis of satisfactory evidence to ethe 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 :. ..I alf of which the person(s) acted, executed the instrument. I -rtif I nd- PE ' LTY OF PERJURY under the laws of the State of California that the foregoing ar :raph true an. orrect. Af ITN : my hand a d official seal. �� �� _Ao�. DELGADO NotaryCESAR Public-Glifornia (Notary Signature ' , Orange County • �N Commission it 2334221 4,,.• My Comm.Expires Sep 23,2024 OAK#4821-8644-5670 v5 7 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Califo is ) ) ss County of Onlnkc..4 I , 202.1, before meaSC.r /S /47 tebl/C ( e ofNotary) notary public, personally appeared cIIYr V 6/614ey who proved to me on the basis of satisfactory evidence to bde 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 certi der 'E LTY OF PERJURY under the laws of the State of California that the foregoing para: .ph i rue and orrect. W E : my hand a . official seal. (Notary Signature) OAK#4821-8644-5670 v5 8 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy,or validity of that document. State of California ) ) ss County of ) On , 20 , before me, (Name of Notary) notary public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the 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) OAK#4821-8644-5670 v5 9 J Exhibit A PROPERTY Real property in the City of Cathedral City, County of Riverside, State of California, described as follows: PARCEL A: PARCEL A OF LOT MERGER/ LOT LINE ADJUSTMENT NO. 2020-529 RECORDED JANUARY 25, 2021 AS INSTRUMENT NO. 2021-0048173 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: All of Lots 101 through 107 and a portion of Lot 108 inclusive as shown by Assessors Map No.46 on file in Book 2 Page 3 of Assessor's Maps, in the Office of the County Recorder of Riverside County, in the City of Cathedral City, State of California, lying within the Northwest quarter of the Southwest quarter of the Northwest quarter of Section 16, Township 4 South, Range 5 East, San Bernardino Meridian, more particularly described as follows: COMMENCING at the Northeast Corner of Lot C as shown by Tract No. 26424 on file in Book 257 Pages 49 and 50 inclusive records of said County, said point also being the Southeast Corner of Lot 110 as shown on said Assessor's Map; THENCE along the North line of said Lot C of said Tract Map and South line of said Lot 110 and subsequent Lots 109 and 108 of said Assessor's Map, North 89°27'13"West, a distance of 174.56 feet to the TRUE POINT OF BEGINNING; THENCE continuing along said line and South line of subsequent descending Lots 107 through 101 inclusive North 89°27'13"West, a distance of 447.85 feet to a point on the Easterly Sideline of Landau Boulevard (40.00 foot half width Right of Way) as shown on said Assessor's Map said point also being the Southwest corner of said Lot 101; THENCE along said Easterly Sideline and West Lot line, North 00°08'23" East, a distance of 632.52 feet to the Southerly Sideline of FrankNega Road (30.00 foot half width Right of Way)as shown on said Assessor's Map said point also being the Northwest corner of said Lot 101; THENCE along said Sideline and North line of said Lot 101 and subsequent Lots 102 through 108, South 89°34'59" East, a distance of 452.34 feet to a point being 169.90 feet distant from the Northeast Corner of said Lot 110; THENCE South 00°32'47"West, a distance of 633.52 feet to the TRUE POINT OF BEGINNING. APN: 678-060-001 through 005, and 49, 50 and a portion of 52. OAK#4821-8644-5670 v5 10 4 PARCEL B: PARCEL B OF LOT MERGER/ LOT LINE ADJUSTMENT NO. 2020-529 RECORDED JANUARY 25, 2021 AS INSTRUMENT NO. 2021-0048173 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: Lots 109 and 110 and a portion of Lot 108 inclusive as shown by Assessors Map No. 46 on file in Book 2 Page 3 of Assessor's Maps, in the Office of the County Recorder of Riverside County, in the City of Cathedral City, State of California, lying within the Northwest quarter of the Southwest quarter of the Northwest quarter of Section 16, Township 4 South, Range 5 East, San Bernardino Meridian, more particularly described as follows: BEGINNING at the Northeast Corner of Lot C as shown by Tract No. 26424 on file in Book 257 Pages 49 and 50 inclusive records of said County, said point also being the Southeast Corner of Lot 110 as shown on said Assessor's Map; THENCE along the North line of said Lot C of said Tract Map and South line of said Lot 110 and subsequent Lots 109 and 108 of said Assessor's Map, North 89°27'13"West, a distance of 174.56 feet; THENCE North 00°32'47" East, a distance of 633.52 feet to a point on the Southerly Sideline of Frank/Vega Road (30.00 foot half width Right of Way)as shown on said Assessor's Map and the North line of said Lot 108 said point being 169.90 feet from the Northeast Corner of said Lot 110; THENCE along said Southerly Sideline and North line of said Lot 108 and subsequent Lots 109 and 110, South 89°34'59" East, a distance of 169.90 feet to the said Northeast corner of said Lot 110 said Corner being on the Westerly line of Palm Springs Highlands Unit No. 3 on file in Book 37 Pages 77 and 78 inclusive records of said County; THENCE along the East line of said Lot 110 of said Assessor's Map and West line of said Palm Springs Highlands Map South 00°07'30"West, a distance of 633.92 feet to the TRUE POINT OF BEGINNING. APN 678-060-51, 53, and a portion of 52. OAK#4821-8644-5670 v5 11