EXHIBIT 10.17
RECORDING REQUESTED BY
Network Appliance, Inc.
AND WHEN RECORDED MAIL TO
W. Xxxxx Xxxx
XXXXXXX, XXXXXXX & XXXXXXXX LLP
00000 Xx Xxxxxx Xxxx
Xxx Xxxxx, Xxxxxxxxxx 00000
-------------------------------------- SPACE ABOVE THIS LINE FOR RECORDER'S USE
SHORT FORM TERMINATION OF OPERATIVE DOCUMENTS
THIS SHORT FORM TERMINATION OF OPERATIVE DOCUMENTS (this
"AGREEMENT") dated as of April ____, 2002 (the "EFFECTIVE DATE"), is made by and
between BNP PARIBAS LEASING CORPORATION, a Delaware corporation, formerly know
as BNP Leasing Corporation ("BNPPLC"), and NETWORK APPLIANCE, INC., a California
corporation ("NAI").
RECITALS
This Agreement is entered into upon, and with respect to, the
following facts and intentions:
A. BNPPLC and NAI have heretofore entered into the following agreements
(collectively, the "OPERATIVE DOCUMENTS"):
(1) With respect to "Phase I" as hereinafter described:
a. Lease Agreement (Phase I) dated as of January 20, 1999 (as
amended from time to time, the "PHASE I LEASE") covering, among other things,
that certain land more particularly described as "Phase I" in Annex A attached
hereto and incorporated herein by this reference (the "PHASE I LAND") and the
buildings and other improvements thereon (collectively, the "PHASE I
IMPROVEMENTS"), which was the subject of that certain Short Form of Lease (Phase
I) dated as of January 20, 1999 and recorded on January 20, 1999 in the Official
Records of Santa Xxxxx County, California ("OFFICIAL RECORDS") as Instrument
Number 14605604 (the "SHORT FORM OF PHASE I LEASE"); and
b. Purchase Agreement (Phase I) dated as of January 20, 1999 (as
amended from time to time, the "PHASE I PURCHASE AGREEMENT") relating to the
Phase I Land and Phase I Improvements, which was the subject of that certain
Memorandum of Purchase Agreement (Phase I) dated as of January 20, 1999 and
recorded on January 20, 1999 in the Official Records as Instrument Number
14605605 (the "MEMORANDUM OF PHASE I PURCHASE AGREEMENT"); and
c. unrecorded Common Definitions and Provisions Agreement (Phase
I) dated as of January 20, 1999 (as amended from time to time, the "PHASE I
CDPA") relating to the Phase I Lease and Phase I Purchase Agreement; and
(2) With respect to "Phase II" as hereinafter described:
a. Lease Agreement (Phase II - Land) dated as of May 3, 1999 (as
amended from time to time, the "PHASE II LAND LEASE") covering that certain land
more particularly described as "Phase II" in Annex A attached hereto and
incorporated herein by this reference (the "PHASE II LAND"), which was the
subject of that certain Short Form of Lease (Phase II - Land) dated as of May 3,
1999 and recorded on May 3, 1999 in the Official Records as Instrument Number
14788732 (the "SHORT FORM OF PHASE II LAND LEASE"); and
b. Lease Agreement (Phase II - Improvements) dated as of May 3,
1999 (as amended from time to time, the "PHASE II IMPROVEMENTS LEASE") covering,
among other things, the buildings and other improvements (collectively, the
"PHASE II IMPROVEMENTS") on or relating to the Phase II Land, which was the
subject of that certain Short Form of Lease (Phase II - Improvements) dated as
of May 3, 1999 and recorded on May 3, 1999 in the Official Records as Instrument
Number 14788733 (the "SHORT FORM OF PHASE II IMPROVEMENTS LEASE"); and
c. Purchase Agreement (Phase II - Land) dated as of May 3, 1999
(as amended from time to time, the "PHASE II LAND PURCHASE AGREEMENT") relating
to the Phase II Land, which was the subject of that certain Memorandum of
Purchase Agreement (Phase II - Land) dated as of May 3, 1999 and recorded on May
3, 1999 in the Official Records as Instrument Number 14788734 (the "MEMORANDUM
OF PHASE II LAND PURCHASE AGREEMENT"); and
d. Purchase Agreement (Phase II - Improvements) dated as of May
3, 1999 (as amended from time to time, the "PHASE II IMPROVEMENTS PURCHASE
AGREEMENT") relating to the Phase II Improvements, which was the subject of that
certain Memorandum of Purchase Agreement (Phase II - Improvements) dated as of
May 3, 1999 and recorded on May 3, 1999 in the Official Records as Instrument
Number 14788735 (the "MEMORANDUM OF PHASE II IMPROVEMENTS PURCHASE AGREEMENT");
and
e. unrecorded Common Definitions and Provisions Agreement (Phase
II - Land) and unrecorded Common Definitions and Provisions Agreement (Phase II
- Improvements), each dated as of May 3, 1999 (as amended from time to time,
collectively, the "PHASE II CDPAS") relating, respectively, to the Phase II Land
Lease and Phase II Land Purchase Agreement, and the Phase II Improvements Lease
and Phase II Improvements Purchase Agreement; and
(3) With respect to "Phase III" as hereinafter described:
a. Lease Agreement (Phase III - Land) dated as of May 1, 2000 (as
amended from time to time, the "PHASE III LAND LEASE") covering that certain
land more particularly described as "Phase III" in Annex A attached hereto and
incorporated herein by this reference (the "PHASE III LAND"), which was the
subject of that certain Short Form of Lease (Phase III - Land) dated as of May
1, 2000 and recorded on May 1, 2000 in the Official Records as Instrument Number
15231406 (the "SHORT FORM OF PHASE III LAND LEASE"); and
b. Lease Agreement (Phase III - Improvements) dated as of June
16, 1999 (as amended from time to time, the "PHASE III IMPROVEMENTS LEASE")
covering, among other things, the buildings and other improvements
(collectively, the "PHASE III IMPROVEMENTS") on or relating to the Phase III
Land, which was the subject of that certain Short Form of Lease
2
(Phase III - Improvements) dated as of June 16, 1999 and recorded on June 22,
1999 in the Official Records as Instrument Number 14866396 (the "SHORT FORM OF
PHASE III IMPROVEMENTS LEASE"); and
c. Purchase Agreement (Phase III - Land) dated as of May 1, 2000
(as amended from time to time, the "PHASE III LAND PURCHASE AGREEMENT") relating
to the Phase III Land, which was the subject of that certain Memorandum of
Purchase Agreement (Phase III - Land) dated as of May 1, 2000 and recorded on
May 1, 2000 in the Official Records as Instrument Number 15231407 (the
"MEMORANDUM OF PHASE III LAND PURCHASE AGREEMENT"); and
d. Purchase Agreement (Phase III - Improvements) dated as of June
16, 1999 (as amended from time to time, the "PHASE III IMPROVEMENTS PURCHASE
AGREEMENT") relating to the Phase III Improvements, which was the subject of
that certain Memorandum of Purchase Agreement (Phase III - Improvements) dated
as of June 16, 1999 and recorded on June 22, 1999 in the Official Records as
Instrument Number 14866397 (the "MEMORANDUM OF PHASE III IMPROVEMENTS PURCHASE
AGREEMENT"); and
e. unrecorded Common Definitions and Provisions Agreement (Phase
III - Land) dated May 1, 2000, and unrecorded Common Definitions and Provisions
Agreement (Phase III - Improvements) dated as of June 16, 1999 (as amended from
time to time, collectively, the "PHASE III CDPAS") relating, respectively, to
the Phase III Land Lease and Phase III Land Purchase Agreement, and the Phase
III Improvements Lease and Phase III Improvements Purchase Agreement; and
(4) With respect to "Phase IV" as hereinafter described:
a. Lease Agreement (Phase IV - Land) dated as of October 2, 2000
(as amended from time to time, the "PHASE IV LAND LEASE") covering that certain
land more particularly described as "Phase IV" in Annex A attached hereto and
incorporated herein by this reference (the "PHASE IV LAND"), which was the
subject of that certain Short Form of Lease (Phase IV - Land) dated as of
October 2, 2000 and recorded on October 17, 2000 in the Official Records as
Instrument Number 15424411 (the "SHORT FORM OF PHASE IV LAND LEASE"); and
b. Lease Agreement (Phase IV - Improvements) dated as of October
2, 2000 (as amended from time to time, the "PHASE IV IMPROVEMENTS LEASE")
covering, among other things, the buildings and other improvements
(collectively, the "PHASE IV IMPROVEMENTS") on or relating to the Phase IV Land,
which was the subject of that certain Short Form of Lease (Phase IV -
Improvements) dated as of October 2, 2000 and recorded on October 17, 2000 in
the Official Records as Instrument Number 15424413 (the "SHORT FORM OF PHASE IV
IMPROVEMENTS LEASE"); and
c. Purchase Agreement (Phase IV - Land) dated as of October 2,
2000 (as amended from time to time, the "PHASE IV LAND PURCHASE AGREEMENT")
relating to the Phase IV Land, which was the subject of that certain Memorandum
of Purchase Agreement (Phase IV - Land) dated as of October 2, 2000 and recorded
on October 17, 2000 in the Official Records as Instrument Number 15424412 (the
"MEMORANDUM OF PHASE IV LAND PURCHASE AGREEMENT"); and
3
d. Purchase Agreement (Phase IV - Improvements) dated as of
October 2, 2000 (as amended from time to time, the "PHASE IV IMPROVEMENTS
PURCHASE AGREEMENT") relating to the Phase IV Improvements, which was the
subject of that certain Memorandum of Purchase Agreement (Phase IV -
Improvements) dated as of October 2, 2000 and recorded on October 17, 2000 in
the Official Records as Instrument Number 15424414 (the "MEMORANDUM OF PHASE IV
IMPROVEMENTS PURCHASE AGREEMENT"); and
e. unrecorded Common Definitions and Provisions Agreement (Phase
IV - Land) dated October 2, 2000, and unrecorded Common Definitions and
Provisions Agreement (Phase IV - Improvements) dated as of October 2, 2000 (as
amended from time to time, collectively, the "PHASE IV CDPAS") relating,
respectively, to the Phase IV Land Lease and Phase IV Land Purchase Agreement,
and the Phase IV Improvements Lease and Phase IV Improvements Purchase
Agreement; and
(5) With respect to "Phase V" as hereinafter described:
a. Lease Agreement (Phase V - Land) dated as of March 1, 2000 (as
amended from time to time, the "PHASE V LAND LEASE") covering that certain land
more particularly described as "Phase V" in Annex A attached hereto and
incorporated herein by this reference (the "PHASE V LAND"), which was the
subject of that certain Short Form of Lease (Phase V - Land) dated as of March
1, 2000 and recorded on March 1, 2000 in the Official Records as Instrument
Number 15168276 (the "SHORT FORM OF PHASE V LAND LEASE"); and
b. Lease Agreement (Phase V - Improvements) dated as of March 1,
2000 (as amended from time to time, the "PHASE V IMPROVEMENTS LEASE") covering,
among other things, the buildings and other improvements (collectively, the
"PHASE V IMPROVEMENTS") on or relating to the Phase V Land, which was the
subject of that certain Short Form of Lease (Phase V - Improvements) dated as of
March 1, 2000 and recorded on March 1, 2000 in the Official Records as
Instrument Number 15168277 (the "SHORT FORM OF PHASE V IMPROVEMENTS LEASE"); and
c. Purchase Agreement (Phase V - Land) dated as of March 1, 2000
(as amended from time to time, the "PHASE V LAND PURCHASE AGREEMENT") relating
to the Phase V Land, which was the subject of that certain Memorandum of
Purchase Agreement (Phase V - Land) dated as of March 1, 2000 and recorded on
March 1, 2000 in the Official Records as Instrument Number 15168278 (the "SHORT
FORM OF PHASE V LAND PURCHASE AGREEMENT"); and
d. Purchase Agreement (Phase V - Improvements) dated as of March
1, 2000 (as amended from time to time, the "PHASE V IMPROVEMENTS PURCHASE
AGREEMENT") relating to the Phase V Improvements, which was the subject of that
certain Memorandum of Purchase Agreement (Phase V - Improvements) dated as of
March 1, 2000 and recorded on March 1, 2000 in the Official Records as
Instrument Number 15168279 (the "SHORT FORM OF PHASE V IMPROVEMENTS PURCHASE
AGREEMENT"); and
e. unrecorded Common Definitions and Provisions Agreement (Phase
V - Land) dated March 1, 2000, and unrecorded Common Definitions and Provisions
Agreement (Phase V - Improvements) dated as of March 1, 2000 (as amended from
time to time, collectively, the
4
"PHASE V CDPAS") relating, respectively, to the Phase V Land Lease and Phase V
Land Purchase Agreement, and the Phase V Improvements Lease and Phase V
Improvements Purchase Agreement.
B. As used in this Agreement, capitalized terms defined, respectively, in a CDPA
(hereinafter defined) and not otherwise defined in this Agreement are intended
to have the respective meanings assigned to them in the applicable CDPA. For
purposes of this Agreement, each of the Phase I CDPA, Phase II CDPAs, Phase III
CDPAs, Phase IV CDPAs and Phase V CDPAs is referred to herein as a "CDPA" or
collectively as, the "CDPAS."
C. BNPPLC and NAI, among others, have entered into that certain unrecorded
Termination of Operative Documents ("TERMINATION") dated of even date herewith,
the terms and provisions of which are incorporated herein by this reference, and
this Agreement is intended for the purpose of recordation and to put third
parties on notice of the terms of the Termination; provided that, in the event
of a conflict between this Agreement and the Termination, the Termination shall
control.
AGREEMENT
NOW, THEREFORE, for good and valuable consideration the adequacy
of which is hereby acknowledged, the parties hereto agree as follows:
(1) Recitals Incorporated. The recitals above are incorporated herein by
this reference.
(2) Termination of Operative Documents. Subject to the terms and
conditions of the Termination, the Operative Documents are hereby terminated.
(3) Binding Effect. The terms, provisions, covenants, and conditions
hereof shall be binding upon NAI and BNPPLC and their respective successors and
assigns, and any other party claiming through either of them, and shall inure to
the benefit of NAI and BNPPLC and all transferees, mortgagees, successors and
assigns.
(4) Miscellaneous. This Agreement and any other agreement relating
hereto and executed concurrently herewith represent the entire agreement of the
parties hereto with respect to the subject matter hereof and supersede any prior
negotiations and agreement between BNPPLC and NAI concerning the subject matter
hereof. No amendment or modification of this Agreement shall be binding or valid
unless expressed in a writing executed by the parties hereto. This Agreement
shall be governed by and construed in accordance with the laws of the State of
California without regard to conflict or choice of laws. Words in the singular
number shall be held to include the plural and vice versa, unless the context
otherwise requires. This Agreement may be executed in counterparts, each of
which shall be an original and all of which together shall be a single
instrument.
[Signature pages follow]
5
IN WITNESS WHEREOF, BNPPLC and NAI have signed this Agreement to
be effective as of the Effective Date set forth above.
BNP PARIBAS LEASING CORPORATION,
a Delaware corporation
By: __________________________________
Name: ____________________________
Title: ___________________________
STATE OF TEXAS )
COUNTY OF ________________ ) ss.
On April ____, 2002, before me ____________________________, a Notary Public in
and for the County and State aforesaid, personally appeared ___________________
___________________________________, who is personally known to me (or proved to
me on the basis of satisfactory evidence) to be the person whose name is
subscribed to the within instrument and acknowledged to me that he/she executed
the same in his/her authorized capacity and that by his/her signature on such
instrument the person, or the entity upon behalf of which the person acted,
executed the instrument.
WITNESS, my hand and official seal.
_________________________________
6
[Continuation of signature pages to Short Form Termination of Operative
Documents.]
NETWORK APPLIANCE, INC.,
a California corporation
By: __________________________________
Name: ____________________________
Title: ___________________________
STATE OF CALIFORNIA )
COUNTY OF ________________ ) ss.
On April ____, 2002, before me ___________________________, a Notary Public in
and for the County and State aforesaid, personally appeared __________________
____________________________________, who is personally known to me (or proved
to me on the basis of satisfactory evidence) to be the person whose name is
subscribed to the within instrument and acknowledged to me that he/she executed
the same in his/her authorized capacity and that by his/her signature on such
instrument the person, or the entity upon behalf of which the person acted,
executed the instrument.
WITNESS, my hand and official seal.
_________________________________
7
ANNEX A
LEGAL DESCRIPTION
REAL PROPERTY in the City of Sunnyvale, County of Santa Xxxxx, State of
California, a part of Rancho Pastoria Las Borregas, described as follows:
PHASE I
PARCEL "A", so designated and delineated on the Parcel Map recorded October 25,
1966 in Book 216 of Maps, page 2, Santa Xxxxx County Records.
EXCEPTING THEREFROM those portions thereof described in the Deed to Santa Xxxxx
Valley Transit District, recorded October 24, 1997, Document No. 13912193,
Official Records.
ALSO EXCEPTING THEREFROM that portion of said PARCEL "A" described in the Lot
Line Adjustment Quitclaim Deed by 000 Xxxx Xxxxx Associates, L.P. to 000 Xxxx
Xxxxx Associates, L.P. recorded September 16, 1998, Document No. 14395998,
Official Records, as follows:
Beginning at the Northwest corner of said Parcel "A"; thence along the Westerly
line thereof, South 14 (Degree) 51' 33" West 223.09 feet to a point hereinafter
referred to as Point "X"; thence leaving said Westerly line North 38 (Degree)
52' 02" East 134.85 feet; thence North 51 (Degree) 07' 58" West 49.68; thence
North 38 (Degree) 52' 02" East 87.23 feet to the Northerly line of said Parcel
"A"; thence along said Northerly line North 75 (Degree) 07' 58" West 44.97 feet
to the point of beginning.
TOGETHER WITH that portion of PARCEL 'A', so designated and delineated on the
Parcel Map recorded November 10, 1971 in Book 292 of Maps, page 41, Santa Xxxxx
County Records, described in the Lot Line Adjustment Quitclaim Deed by 000 Xxxx
Xxxxx Associates, L.P. to 000 Xxxx Xxxxx Associates, L.P., recorded September
16, 1998, Document No. 14395997, Official Records, as follows:
Commencing at the Northwest corner of PARCEL "A", so designated and delineated
on the Parcel Map recorded October 25, 1966 in Book 216 of Maps at page 2;
thence along the Westerly line of said PARCEL "A", South 14 (Degree) 51' 33"
West 223.09 feet to a point hereinafter referred to as Point "X", the true point
of beginning; thence continuing along the Westerly line of said Parcel "A",
South 14 (Degree) 51' 33" West 186.10 feet to a point on the Northeasterly line
of the parcel of land described in the deed to Santa Xxxxx Valley Transit
District, recorded October 24, 1997, Document No. 13912192, Official Records,
said point being on a non-tangent curve concave Southwesterly and having a
radius of 1002.05 feet, a radial line through said point bears North 45 (Degree)
01' 56" East; thence Northwesterly along said Northeasterly line and along said
curve through a central angle of 04 (Degree) 20' 28" an arc length of 75.92
feet; thence leaving said Northeasterly line non-tangent from last said curve
North 38 (Degree) 52' 02" East 164.71 feet to the true point of beginning.
APN: 000-00-000 ARB: 110-3-X57, 66.02
PHASE II
PARCEL "A", so designated and delineated on the Parcel Map recorded August 28,
1974 in Book 345 of Maps, page 20, Santa Xxxxx County Records.
APN: 000-00-000 ARB: 110-3-65.01
(CONTINUED ON NEXT PAGE)
8
(DESCRIPTION CONTINUED)
PHASE III
PARCEL "A", so designated and delineated on the Parcel Map recorded November 10,
1971 in Book 292 of Maps, page 41, Santa Xxxxx County Records.
EXCEPTING THEREFROM that portion thereof described in the Deed to Santa Xxxxx
Valley Transit District, recorded October 24, 1997, Document No. 13912192,
Official Records.
ALSO EXCEPTING THEREFROM that portion of said PARCEL 'A' described in the Lot
Line Adjustment Quitclaim Deed by 000 Xxxx Xxxxx Associates, L.P. to 000 Xxxx
Xxxxx Associates, L.P. recorded September 16, 1998, Document No. 14395997,
Official Records, as follows:
Commencing at the Northwest corner of PARCEL "A", so designated and delineated
on the Parcel Map recorded October 25, 1966 in Book 216 of Maps at page 2;
thence along the Westerly line of said PARCEL "A", South 14 (Degree) 51' 33"
West 223.09 feet to a point hereinafter referred to as Point "X", the true point
of beginning; thence continuing along the Westerly line of said Parcel "A",
South 14 (Degree) 51' 33" West 186.10 feet to a point on the Northeasterly line
of the parcel of land described in the deed to Santa Xxxxx Valley Transit
District, recorded October 24, 1997, Document No. 13912192, Official Records,
said point being on a non-tangent curve concave Southwesterly and having a
radius of 1002.05 feet, a radial line through said point bears North 45 (Degree)
01' 56" East; thence Northwesterly along said Northeasterly line and along said
curve through a central angle of 04 (Degree) 20' 28" an arc length of 75.92
feet; thence leaving said Northeasterly line non-tangent from last said curve
North 38 (Degree) 52' 02" East 164.71 feet to the true point of beginning.
TOGETHER WITH that portion of PARCEL "A", so designated and delineated on the
Parcel Map recorded October 25, 1966 in Book 216 of Maps, page 2, Santa Xxxxx
County Records, described in the Lot Line Adjustment Quitclaim Deed by 000 Xxxx
Xxxxx Associates, L.P. to 000 Xxxx Xxxxx Associates, L.P. recorded September 16,
1998, Document No. 14395998, Official Records, as follows:
Beginning at the Northwest corner of said Parcel "A"; thence along the Westerly
line thereof, South 14 (Degree) 51' 33" West 223.09 feet to a point hereinafter
referred to as Point "X"; thence leaving said Westerly line North 38 (Degree)
52' 02" East 134.85 feet; thence North 51 (Degree) 07' 58" West 49.68; thence
North 38 (Degree) 52' 02" East 87.23 feet to the Northerly line of said Parcel
"A"; thence along said Northerly line North 75 (Degree) 07' 58" West 44.97 feet
to the point of beginning.
APN: 000-00-000 ARB: 110-3-X66, 57.03
PHASE IV
PARCEL 1 and PARCEL 2, so designated and delineated on the Parcel Map recorded
July 7, 1994 in Book 657 of Maps, page 9, Santa Xxxxx County Records.
PARCEL 2, so designated and delineated on the Parcel Map recorded October 7,
1998 in Book 708 of Maps, pages 51 and 52, Santa Xxxxx County Records.
PARCEL 2, so designated and delineated on the Parcel Map recorded November 17,
1976 in Book 383 of Maps, page 35, Santa Xxxxx County Records.
APN: 000-00-000, 006, 007, 012 ARB: 110-3-X65, 65.02, 65.11
(CONTINUED ON NEXT PAGE)
9
(DESCRIPTION CONTINUED)
PHASE V
All of Parcel 1, as shown upon that certain Map entitled, "Parcel Map lying
within the City of Sunnyvale, being a resubdivision of Parcel 5, as shown on Map
recorded in Book 413 of Maps, at page 53, Santa Xxxxx County Records, City of
Sunnyvale, Santa Xxxxx County, California," which Map was filed for recorded in
the office of the Recorder of the County of Santa Xxxxx, State of California on
July 18, 1978 in Book 423 of Maps, at page 13.
Excepting therefrom the following described property granted to the Santa Xxxxx
County Transit District March 28, 1997 under Series No. 13654560:
All of that certain real property situated in the City of Sunnyvale, County of
Santa Xxxxx, State of California, and being a portion of Parcel 1, as said
Parcel 1 is shown on that certain Parcel Map filed in Book 423 of Maps, pages
13, Records of Santa Xxxxx County, California, and more particularly described
as follows:
Beginning at the point of intersection of the centerlines of Fair Oaks Avenue
and Xxxxxxxx Road, as said Avenue and Road are shown on said Parcel Map; thence
Northerly along said centerline of Xxxxxxxx Road North 18 (Degree) 37' 09" East
82.70 feet; thence Easterly at right angle from said centerline of Xxxxxxxx Road
71 (Degree) 22' 51" East 54.89 feet to a point on a curve on the Easterly line
of said Xxxxxxxx Road; thence from a tangent bearing of South 9 (Degree) 32' 30"
West along said Easterly line of Xxxxxxxx Road and along said curve concave
Easterly with a radius of 108.99 feet through a central angle of 11 (Degree) 34'
01" and an arc length of 22.00 feet to the true point of beginning of this
description; thence continuing Southerly and Southeasterly along said Easterly
line of Xxxxxxxx Road the following four (4) described courses: (1) continuing
along said curve (from a tangent bearing of South 2 (Degree) 01' 41" East)
concave Easterly with a radius of 108.99 feet through a central angle of 23
(Degree) 25' 59" an arc length of 44.58 feet: (2) South 25 (Degree) 27' 40" East
79.86 feet to a curve; (3) Southeasterly along said curve concave Northeasterly
with a radius of 108.99 feet, through a central angle of 9 (Degree) 00' 00" and
an arc length of 17.12 feet: (4) South 34 (Degree) 27' 40" East 23.31 feet to
the Northeasterly line of said Fair Oaks Avenue; thence Southeasterly along said
Northeasterly line of Fair Oaks Avenue South 50 (Degree) 50' 59" East 139.04
feet; thence leaving said Xxxxxxxxxxxxx xxxx xx Xxxx Xxxx Xxxxxx Xxxxx 00
(Degree) 36' 17" West 57.40 feet; thence North 50 (Degree) 50' 13" West 32.20
feet; thence North 34 (Degree) 36' 17" West 205.73 feet to the true point of
beginning.
APN: 000-00-000
ARB: 110-4-23.02.06
10
