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HomeMy WebLinkAbout06-10 CC Ordinance' AN OF TO OF AS: ORDINANCE NO. 06 -10 ORDINANCE OF THE CITY COUNCIL OF THE CITY TEMECULA APPROVING THE FIRST AMENDMENT DEVELOPMENT AGREEMENT BETWEEN THE CITY TEMECULA AND TEMECULA TOWN CENTER SOCIATES, L.P. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Temecula does hereby find, determine and declare that: A. The City of Temecula ( "City "), a general law city in the State of California, Forest City Development California, Inc., a California Corporation, and LGA -7, Inc., an Illinois Corporation, entered into a Development Agreement dated December 17, 1996 for the development of the Temecula Regional Center ( "Development Agreement "). Temecula Towne Center Associates, L.P., a California limited partnership is the successor -in- interest to Forest City Development California, Inc.'s rights and obligations under the Development Agreement. B. Temecula Towne Center Associates, L.P., filed Planning Application No. ' PA06 -0197 in accordance with the City of Temecula General Plan and Development Code for the extension of the Development Agreement for an additional three years to January 16, 2010. C. Government Code Section 65864 authorizes the City to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property in order to, among other matters: ensure high quality development in accordance with comprehensive plans; provide certainty in the approval of development projects so as to avoid the waste of resources and the escalation in the cost of housing and other development to the consumer; provide assurance to the applicants for development projects that they may proceed with their projects in accordance with existing policies, rules and regulations and subject to conditions of approval, in order to strengthen the public planning process and encourage private participation in comprehensive planning and reduce the private and public economic costs of development; and provide for economic assistance to Owner for the entitlements authorizing development related improvements. D. On September 6, 2006, the Planning Commission of the City of Temecula held a duly noticed public hearing on the proposed First Amendment to the Development Agreement ( "First Amendment ") at which time all persons interested in the proposed First Amendment had the opportunity and did address the Planning Commission on this matter. RJOrds 2006 /Ords 06-10 E. Following consideration of the entire record of information received at the ' public hearings and due consideration of the proposed First Amendment, the Planning Commission adopted PC Resolution No. 06 -57 recommending to the City Council approve the proposed First Amendment. F. On September 12, 2006 the City Council of the City of Temecula held a duly noticed public hearings on the proposed First Amendment at which time all persons interested in the proposed First Amendment to the Development Agreement had the opportunity and did address the City Council on this matters. Section 2. The City Council of the City of Temecula further finds, determines, and declares that: A. On October 11, 1994, the City Council approved and certified Final Environmental Impact Report ( "FEIR ") for the Temecula Regional Center Specific Plan No. 263 (EIR No. 340). Pursuant to California Environmental Quality Act ( "CEQA ") Guidelines section 15164(a) (14 Cal. Code of Regs. §15000 et. seq.), the City of Temecula has prepared this Addendum to make a minor change to a previously certified EIR in connection with the amendment of the Development Agreement and the construction of the Final Phase of the Specific Plan. B. The City prepared an Initial Study to determine whether the extension of the Development Agreement or construction of the final Phase of the Specific Plan triggered any of the conditions described in Sections 15162 and 15163 of the CEQA Guidelines which require the preparation of a subsequent or supplemental EIR. The City hereby incorporated the Initial Study as part of this Addendum. The Initial Study evaluated the impacts of the proposed extension of the Development Agreement on Land Use and Planning, Public Services, Utilities and Service Systems, Population and Housing, Transportation /Circulation, Water, Biological Resources, Energy and Mineral Resources, Cultural Resources, Recreation, Aesthetics, Geophysical, Hazards, Noise, Air Quality and Mandatory Findings of Significance. C. The Initial Study compared the environmental impacts of the proposed extension of the Development Agreement with the identified environmental impacts of the approved Development Agreement evaluated in the previously certified Temecula Regional Center EIR. The analysis in the Initial Study indicates that no new significant effects will be caused by proposed extension to the Development Agreement and subsequent construction of the final phase of the Specific Plan. Nor will the proposed extension to the Development Agreement increase the severity of any previously identified significant impact. The impacts will remain the same as analyzed in the Temecula Regional Center EIR. D. The Initial Study also analyzed whether new circumstances would result in new significant effects or increase the severity of previously identified effects. The Initial Study found that no new circumstances exist that introduce new significant effects or ' increase the severity of previously identified significant effects. RJOrds 2006 /Ords 06-10 2 E. Further, the Initial Study analyzed whether new information exists that ' indicates that the project would introduce new significant effects or increase the severity of previously identified significant effects, or whether any new information suggests new mitigation measures or shows that the mitigation measures previously identified as infeasible are in fact feasible. The Initial Study found no new information that suggested new significant effect or increased the severity of previously identified effects. Nor did any new information suggest new mitigation measures or suggest that mitigation measures previously identified as infeasible were in fact feasible. F. Because the Initial Study finds no new significant effects, no increase in the severity of previously identified effects, no new mitigation measures and no change in the mitigation measures previously discussed, the City Council finds that a supplemental or subsequent EIR need not be prepared, and that the City may rely on the Addendum to approve the proposed extension to the Development Agreement and the construction of the Final Phase of the Specific Plan.. G. The City Council finds that the Initial Study and Addendum were prepared in compliance with CEQA. The City Council hereby certifies and approves the Initial Study and Addendum prepared for the proposed extension to the Development Agreement and the construction of the Final Phase of the Specific Plan. The City Council further finds that the conclusions reached in the Initial Study and Addendum represents the independent judgment of the City Council. ' H. The custodian of records for the Initial Study and FEIR for the Development Agreement and Specific Plan No. 263, the Addendum and all other materials, which constitute the record of proceedings upon which the City Council's decision is based, is the Planning Department of the City of Temecula. Those documents are available for public review in the Planning Department located at Planning Department of the City of Temecula, 43200 Business Park Drive, Temecula, California. I. The First Amendment is consistent with the City's General Plan, and each Element thereof and constitutes a present valid exercise of the City's police power. J. The First Amendment is being entered into pursuant to and in compliance with the requirements of Government Code Section 65867. K. All legal prerequisites to the adoption of this Ordinance have occurred. Section 3. The City Council of the City of Temecula hereby approves certain agreement entitled "First Amendment to Development Agreement by and Between the City of Temecula and Temecula Towne Center Associates, L.P." and authorizes the Mayor to execute said agreement in substantially the form attached hereto as Exhibit A. Section 4. If any sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining provisions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each sentence, clause or phrase thereof R: /Ords 2006 /Ords 06-10 3 irrespective of the fact that any one or more sentences, clauses or phrases be declared unconstitutional or otherwise invalid. Section 5. The City Clerk of the City of Temecula shall certify to the passage and adoption of this Ordinance and shall cause the same or a summary thereof to be published and posted in the manner required by law. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 26th day of September, 2006. Ron Roberts, Mayor ATTEST: Susan;W. City Clerk ' [SEAL]'.,. RJOrds 2006 /Orris 06-10 4 i I STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 06 -10 was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 12th day of September, 2006, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the 26`h day of September, 2006, by the following vote: AYES: 5 COUNCIL MEMBERS NOES: 0 COUNCIL MEMBERS: ABSENT: 0 COUNCIL MEMBERS: ABSTAIN: 0 RJOrds 200610rds 06 -10 COUNCIL MEMBERS: Comerchero, Edwards, Naggar, Washington, Roberts None None None Jones, MMC City Clerk IEXHIBIT A RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of Temecula 43200 Business Park Drive P.O. Box 9033 Temecula, California 92589 -9033 Attention: City Clerk Exempt from recording fees pursuant to Govt. Cod. Sec. 27383 recorder's use) FIRST AMENDMENT TO DEVELOPMENT AGREEMENT This First Amendment to the Development Agreement ( "First Amendment ") is dated for identification purposes as of September 12, 2006, and is entered into by and between the City of Temecula ( "City "), a general law city in the State of California, and Temecula Towne Center Associates, L.P., a California Limited Partnership ( "Developer "). The City and Developer are sometimes referred to as a "Party" or collectively as "Parties." RECITALS A. The City, Forest City Development California, Inc., a California Corporation, and LGA -7, Inc., an Illinois Corporation, entered into a Development Agreement dated December 17, 1996 for the development of the Temecula Regional Center. The Development Agreement was recorded on December 30, 1996 as Document No. 488428 in the Official Records of the County of Riverside pursuant to Government Code Sections 65864 et seq.. 912867.3 September 19, 2006 B. As recited in the Development Agreement, Forest City Development California, Inc. was contractually entitled to acquire two parcels, described in the Development Agreement as the "Mall Parcel" and the "Power Center Parcel ", from LGA -7, Inc. C. After the execution of the Development Agreement, Forest City Development California, Inc. transferred the "Mall Parcel" to Temecula Towne Center Associates, L.P. ( "Developer "), the successor -in- interest to Forest City Development California, Inc.'s rights and obligations under the Development Agreement. The legal description of the Mall Parcel is attached hereto as Exhibit A and incorporated herein as though set forth in full. D. The City and Developer now wish to modify the Development Agreement to extend the term of the Development Agreement by three (3) years. NOW THEREFORE, the Development Agreement is hereby modified and amended as follows: Extension of Term of Development Agreement. The term of the Development Agreement is extended for a period of three (3) years and will now terminate on January 16, 2010. Section 13 of the Development Agreement is amended and restated to read in its entirety as follows: "Term of the Agreement. This Agreement shall become ' operative and commence upon the Effective Date unless the Agreement is terminated, modified, or extended upon mutual written consent of the parties hereto or as otherwise provided in this Agreement. Following the expiration or termination of the term, hereof, this Agreement shall be deemed terminated and of no further force and effect; provided, such expiration or termination shall not automatically affect any right of the City, Developer or Owner arising from City approvals on the Property prior to the expiration or termination of the term and arising from the duties of the parties as prescribed in this Agreement." 2. Section 6b(3)(v) is hereby added to the Development Agreement to read as follows: "v. For any Development Plan approved after January 16, 2007, the Developer shall pay the required Transportation Uniform Mitigation Fee as required by Chapter 15.08 of the Temecula Municipal Code. Development Plans approved on or before January 16, 2007 are exempt from the payment of TUMF pursuant to Section 15.08.040F.4.of the Temecula Municipal Code as this is the period during which the original Development Agreement was ' in effect. TUMF shall be paid at the time of approval of a 912867.3 September 19, 2006 Development Plan unless the conditions of approval of the ' Development Plan provide otherwise." 3. All other provisions of the Development Agreement remain unchanged. 4. The Recitals are incorporated herein as though set forth in full. IN WITNESS WHEREOF, the parties have executed this First Amendment as of the date first written above. CITY OF TEMECULA, A CALIFORNIA Ron Roberts, Mayor Attest: ' Susan W. Jones, MMC, City Clerk Approved as to form: Peter M. Thorson, City Attorney 912867.3 September 19, 2006 TEMECULA TOWNE ASSOCIATES, L.P., ' A CALIFORNIA LIMITED PARTNERSHIP By F. C. Temecula, Inc., a California corporataion, its General partner By: Name: Brian Jones Title: Vice President of F.C. Temecula, Inc. 912867.3 September 19, 2006 EXHBIT A ' LEGAL DESCRIPTION 912867.3 September 19, 2006 LEGAL DESCRIPTION OF REAL PROPERTY �� THAT CERTAIN PARCEL OF LAND SITUATED IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, BEING PARCEL "B" OF LOT LINE ADJUSTMENT NO. PA -01- 0304 RECORDED JULY 20, 2001 AS INSTRUMENT NO. 2001-3362 10 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID RIVERSIDE COUNTY, TOGETHER WITH THAT PORTION OF PARCEL 3 OF SAID PARCEL MAP NO. 29530-1 FILED IN BOOK 192, PAGES 38 THROUGH 46 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID RIVERSIDE COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST EASTERLY CORNER. OF SAID PARCEL 3; THENCE ALONG THE EASTERLY LINE OF SAID PARCEL SOUTH 28 013'46" WEST 51.65 FEET; THENCE NORTH 16G46'14" WEST 37.87 FEET; THENCE NORTH 19 000'23" EAST 62.47 FEET TO SAID EASTERLY LINE OF PARCEL 3; THENCE ALONG SAID EASTERLY LINE SOUTH 16 °46' 14" EAST 52.03 FEET TO THE POINT OF BEGINNING. NOTE: SAID LAND IS DESCRIBED AND DELINEATED AS PARCEL B IN THAT CERTAIN NOTICE OF LOT LINE ADJUSTMENT PA02 -0179 RECORDED JUNE 27, 2002 AS INSTRUMENT NO. 352211 OF OFFICIAL RECORDS. PARCEL 2: EASEMENTS FOR INGRESS, EGRESS, ACCESS TO AND FROM PUBLIC STREETS, PASSAGE AND PARKING OF VEHICLES, AND ACCOMMODATION OF PEDESTRIANS, UNDERGROUND UTIIdTIES, ETC., AS MORE FULLY DEFINED AND SET FORTH IN THAT DOCUMENT DATED JULY 23, 1998 ENTITLED "THE PROMENADE IN TEMECULA VALLEY CONSTRUCTION, OPERATION AND RECIPROCAL EASEMENT AGREENMWr BY AND AMONG TEMECULA TOWNE CENTER ASSOCIATES, L.P., A CALIFORNIA LIMITED PARTNERSHIP, THE MAY DEPARTMENT STORES COMPANY, A NEW YORK CORPORATION, AND SEARS, ROEBUCK AND CO., A NEW YORK CORPORATION, AND J.C. PENNEY PROPERTIES, INC., DELAWARE CORPORATION, RECORDED JULY 24, 1998 AS INSTRUMENT NO. 307157 OF OFFICIAL RECORDS. PARCEL 3: EASEMENTS FOR CONSTRUCTION, MAINTENANCE AND REPAIR OF ROADWAY AND UTILITY FACILITIES; FOR CONSTRUCTION AND MAINTENANCE OF PERIPHERAL SIDEWALKS ALONG ACCESS ROADS; INSTALLATION, IRRIGATION AND MAINTENANCE OF LANDSCAPED AREAS navoin.n EXHIBIT "A" . nsteeasasaaauytdm -1- ALONG RING ROADS; PEDESTRIAN INGRESS AND EGRESS ACROSS PERIPHERAL SIDEWALKS; UNDERGROUND UTILITY CONNECTION OVER PERIPHERAL PARCELS, ETC., AS MORE FULLY DEFINED AND SET FORTH IN THAT DOCUMENT DATED JULY 23,1998 ENTITLED "DECLARATION OF RESTRICTIONS AND GRANT OF BASEMENTS BY AND BETWEEN TEMECULA TOWNE CENTER ASSOCIATES, L.P., A CALIFORNIA LIIvMBD PARTNERSHIP, AND TEMECULA OUTPARCELS DEVELOPERS, INC., A CALIFORNIA CORPORATION, RECORDED JULY 24, 1998 AS INSTRUMENT NO. 307158 OF OFFICIAL RECORDS. PARCEL4: EASEMENTS FOR STREET LIGHTS, COMMUNICATION CONDUITS AND STRUCTURES FOR TELEPHONE AND CABLE.TV, AND NATURAL GAS LINES IN, OVER AND ACROSS AND ALONG THAT CERTAIN REAL PROPERTY DESCRIBED AS FOLLOWS: THAT CERTAIN PARCEL OF LAND SITUATED IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, BEING THOSE PORTIONS OF LOTS 117 AND 140 AND APRICOT STREET AS SHOWN ON A MAP OF THE TEMECULA LAND AND WATER COMPANY FILED IN BOOK 8 PAGE 359, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA, TOGETHER WITH THOSE PORTIONS OF LOTS 4,5 AND 6 OF TRACT NO. 3334, AS SHOWN ON A MAP THEREOF FILED IN BOOK 54 PAGES 25 THROUGH 30, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID RIVERSIDE COUNTY, INCLUDED WITHIN PARCELS A, B, F, G AND H OF LOT LINE ADJUSTMENT NO. PA 95-0111 RECORDED DECEMBER 15, 1995 AS INSTRUMENT NO. 416771 OF OFFICIAL RECORDS IN SAID OFFICE OF THE RIVERSIDE COUNTY RECORDER, DESCRIBED AS A 34.00 FOOT WIDE STRIP OF LAND ABUTTING AND LYING TO THE RIGHT OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE NORTHEASTERLY TERMINUS OF COURSE NUMBER 12 (BEING NORTH 28 013'36" EAST 79.65 FEET) AS SHOWN ON SHEET 5 OF PARCEL MAP NO. 28530-1 FILED IN BOOK 192 PAGE(S) 38 THROUGH 46, INCLUSIVE, OF PARCEL MAPS, IN SAID OFFICE OF THE RIVERSIDE COUNTY RECORDER, SAID POINT BEING ON THE CENTER LINE OF A "PRIVATE STREET EASEMENT' AS SHOWN ON SAID PARCEL MAP; THENCE FOLLOWING ALONG SAID CENTER LINE OF THE "PRIVATE STREET EASEMENT THROUGH THE FOLLOWING COURSES: SOUTH 61 046'24" EAST 237.25 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 387.00 FEET; THENCE ALONG SAID CURVE SOUTHEASTERLY 147.90 FEET THROUGH A CENTRAL ANGLE OF 21653'47"; THENCE TANGENT FROM SAID CURVE SOUTH 83640' 11" EAST 87.52 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 403.00 FEET; THENCE ALONG SAID CURVE EASTERLY 129.55 FEET THROUGH A CENTRAL ANGLE OF 18625'08'; THENCE TANGENT FROM SAID CURVE NORTH 77654'41" EAST 12.92 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 278.00 FEET; THENCE ALONG SAID CURVE NORTHEASTERLY 144.02 FEET THROUGH A CENTRAL ANGLE OF 29640'55'; THENCE TANGENT FROM SAID CURVE NORTH 48613'46" EAST 1151.97 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 278.00 FEET; THENCE ALONG SAID CURVE NORTHEASTERLY 133.68 FEET THROUGH A CENTRAL AN OF 27'33'04"-, THENCE TANGENT FROM SAID CURVE NORTH 20640'42" EAST 39.14 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 366.00 FEET; THENCE ALONG SAID CURVE NORTHERLY 157.00 FEET THROUGH A CENTRAL ANGLE OF 24634'37 "; THENCE TANGENT FROM SAID CURVE NORTH 03653'55" WEST 162.67 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 328.00 FEET; THENCE ALONG SAID CURVE NORTHWESTERLY 216.82 FEET THROUGH A CENTRAL ANGLE OF 37052'29"; THENCE TANGENT FROM SAID CURVE NORTH 41646'24" WEST rwv.0ln,A N61t $M- 10A61pWd -2- ' 691.91 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 478.00 FEET; THENCE ALONG SAID CURVE WESTERLY 465.32 FEET THROUGH A CENTRAL ANGLE OF 55 046'35" TO THE INTERSECTION WITH COURSE NUMBER 6 (BEING NORTH 07032159" WEST 157.54 FEET AS SHOWN ON SHEET 7 OF SAID PARCEL MAP NO. 28530-1; EXCEPTING THEREFROM THAT PORTION INCLUDED WITHIN SAID PARCEL MAP NO. 2853(0. PARCEL5: AN EASEMENT AND RIGHT OF WAY TO CONSTRUCT, USE, MAINTAIN, REPAIR AND REPLACE LANDSCAPING AND IRRIGATION SYSTEMS IN, OVER, ACROSS AND ALONG THAT CERTAIN REAL PROPERTY DESCRIBED AS FOLLOWS: THOSE CERTAIN PARCELS OF LAND SITUATED IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, BEING THOSE PORTIONS OF LOTS 115,117 AND 140 AS SHOWN ON A MAP OF THE TEMECULA LAND AND WATER COMPANY FILED IN BOOK 8 PAGE 359, OF MAPS, IN THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA, TOGETHER WITH THOSE PORTIONS OF LOT 4 OF TRACT NO. 3334 FILED IN BOOK 54 PAGES 25 THROUGH 30, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID RIVERSIDE COUNTY, INCLUDED WITHIN PARCELS AB AND H OF LOT LINE ADJUSTMENT NO. PA 95 -0111 RECORDED DECEMBER 15, 1995 AS INSTRUMENT NO. 416771 OF OFFICIAL RECORDS IN SAID OFFICE OF THE RIVERSIDE COUNTY RECORDER, DESCRIBED AS FOLLOWS: PARCEL 5A: ' COMMENCING AT THE CENTER LINE INTERSECTION OF WINCHESTER ROAD AND YNEZ ROAD AS SHOWN ON A MAP FILED IN BOOK 96 PAGE 51, OF RECORD OF SURVEY, IN SAID OFFICE OF THE RIVERSIDE COUNTY RECORDER; THENCE ALONG SAID CENTER LINE OF YNEZ ROAD SOUTH 41059'55" EAST 1166.59 FEET TO THE BEGINNING OF A TANGENT CURVE THEREIN CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 1200.00 FEET; THENCE CONTINUING ALONG SAID CENTER LINE, ALONG SAID CURVE SOUTHEASTERLY 254.01 FEET THROUGH A CENTRAL ANGLE OF 12 °07'41 "; THENCE RADIALLY FROM SAID CURVE NORTH 60 007'46" EAST 102.02 FEET; THENCE SOUTH 29 °52'14" EAST 37.00 TO THE TRUE POINT OF BEGINNING, THENCE NORTH 60 007'46" EAST 114.49 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 287.00 FEET; THENCE ALONG SAID CURVE NORTHEASTERLY 159.80 FEET THROUGH A CENTRAL ANGLE OF 31'54'10"; THENCE TANGENT FROM SAID CURVE NORTH 28 013'36" EAST 22.65 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 35.00 FEET; THENCE, ALONG SAID CURVE EASTERLY 54.98 FEET THROUGH A CENTRAL ANGLE OF 90 000'00'; THENCE RADIALLY FROM SAID CURVE SOUTH 28 °13'36" WEST 20.00 FEET TO A CURVE CONCENTRIC WITH LAST SAID CURVE AND BEING CONCAVE SOUTHERLY AND HAVING A RADIUS OF 15.00 FEET; THENCE ALONG SAID CURVE WESTERLY 73.56 FEET THROUGH A CENTRAL ANGLE OF 90 °00'00 "; THENCE TANGENT FROM SAID CURVE SOUTH 28 113'36" WEST 22.65 FEET TO THE.BEGLNNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 307.00 FEET; THENCE ALONG SAID CURVE SOUTHWESTERLY 170.94 FEET THROUGH A CENTRAL ANGLE OF 31054'10"; THENCE TANGENT FROM SAID CURVE SOUTH 60°07'46" WEST 98.67 FEET TO A POINT ON A NON - TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 45.00 FEET, A RADIAL LINE OF SAID CURVE FROM SAID POINT BEARS SOUTH 77 °15'11" WEST, THENCE ALONG SAID CURVE nzw.miu rvaivasus- aoaayw,u -3- ' SOUTHWESTERLY 68.19 FEET THROUGH A CENTRAL ANGLE OF 86 049'00" TO A POINT ON A CURVE IN THE NORTHEASTERLY LINE OF SAID YNEZ ROAD CONCENTRIC WITH SAID CURVE IN THE CENTER LINE OF YNEZ ROAD AND HAVING A RADIUS OF 1267.00 FEET, A RADIAL LINE OF SAID CURVE FROM SAID POINT BEARS SOUTH 64005'10" WEST; THENCE ALONG SAID CURVE NORTHWESTERLY 43.28 FEET THROUGH A CENTRAL ANGLE OF 01057'26" THENCE NONTANGENT FROM SAID CURVE NORTH 61046'58" EAST 14.00 FEET TO A POINT ON A NONTANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 35.00 FEET, A RADIAL LINE OF SAID CURVE FROM SAID POINT BEARS SOUTH 68"22'12" EAST; THENCE ALONG SAID CURVE NORTHEASTERLY 2152 FEET THROUGH A CENTRAL ANGLE OF 38 029'58" TO THE TRUE POINT OF BEGINNING. PARCEL SB: COMMENCING. AT THE CENTER LINE INTERSECTION OF MARGARITA ROAD (110.00 FEET WIDE) WITH NORTH GENERAL KEARNY ROAD (88.00 FEET WIDE) AS DESCRIBED IN PARCEL 2 OF AN EASEMENT DEED RECORDED AUGUST 18, 1992 AS INSTRUMENT NO 305606 OF OFFICIAL RECORDS, IN SAID OFFICE OF THE RIVERSIDE COUNTY RECORDER, SAID'POINT BEING ON A CURVE IN SAID CENTER LINE OF MARGARITA ROAD CONCAVE WESTERLY AND HAVING A RADIUS OF 2000.00 FEET, A RADIAL LINE OF SAID CURVE FROM SAID POINT BEARS NORTH 80°29'27" WEST; THENCE ALONG THE NORTHWESTERLY PROLONGATION OF SAID CENTER LINE OF NORTH GENERAL KEARNY ROAD NORTH 80°29'27" WEST 74.35 FEET; THENCE SOUTH 09030.33" WEST 37.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 80°29'27" WEST 198.45 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 463.00 ' FEET; THENCE ALONG SAID CURVE WESTERLY 108.34 FEET THROUGH A CENTRAL ANGLE OF 13 "24'27 "; THENCE TANGENT FROM SAID CURVE SOUTH 86 006105" WEST 39.37 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 35.00 FEET, THENCE ALONG SAID CURVE SOUTHWESTERLY 54.98 FEET THROUGH A CENTRAL ANGLE OF 90 °00'00 "; THENCE RADIALLY FROM SAID CURVE NORTH 86 "06'05" EAST 10.00 FEET TO A CURVE CONCENTRIC WITH LAST SAID CURVE AND BEING CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 25.00 FEET; THENCE ALONG SAID CURVE NORTHEASTERLY 39.27 FEET THROUGH A CENTRAL ANGLE OF 90°00'00"; THENCE TANGENT FROM SAID CURVE NORTH 86 006'05" EAST 39.37 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY AND.HAVING A RADIUS OF 453.00 FEET; THENCE ALONG SAID CURVE EASTERLY 106.00 FEET THROUGH A CENTRAL ANGLE OF 13'24'27"; THENCE TANGENT FROM SAID CURVE SOUTH 80°29'27" EAST 178.60 FEET TO A POINT ON A NONTANGENT CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 40.00 FEET, A RADIAL LINE OF SAID CURVE FROM SAID POINT BEARS SOUTH 65 030'50" EAST; THENCE ALONG SAID CURVE SOUTHEASTERLY 76.41 FEET THROUGH A CENTRAL ANGLE OF, 109°27'26" TO A POINT ON A CURVE IN THE WESTERLY LINE OF SAID MARGARITA ROAD CONCENTRIC WITH SAID CURVE IN THE CENTER LINE OF MARGARITA ROAD AND HAVING A RADIUS OF 1945.00 FEET, A RADIAL LINE OF SAID CURVE FROM SAID POINT BEARS NORTH 77 °37'34" WEST; THENCE ALONG SAID CURVE AND WESTERLY LINE NORTHERLY 50.91 FEET TO A POINT ON A NONTANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 35.00 FEET, A RADIAL LINE OF SAID CURVE FROM SAID POINT BEARS SOUTH 52°20'47" WEST, THENCE ALONG SAID CURVE WESTERLY 26.17 FEET THROUGH A CENTRAL ANGLE OF 42050'14" TO THE TRUE POINT OF BEGINNING. Naiee- nsus- �a- avvwni 4- ' PARCEL 5C: COMMENCING AT THE CENTER LINE INTERSECTION OF MARGARITA ROAD (110.00 FEET WIDE) WITH NORTH GENERAL KEARNY ROAD (88.00 FEET WIDE) AS DESCRIBED IN PARCEL 2 OF AN EASEMENT DEED RECORDED AUGUST 18, 1992 AS INSTRUMENT NO. 305606 OF OFFICIAL RECORDS IN SAID OFFICE OF THE RIVERSIDE COUNTY RECORDER, SAID POINT BEING ON A CURVE IN SAID CENTER LINE OF MARGARITA ROAD CONCAVE WESTERLY AND HAVING A RADIUS OF 2000.00 FEET, A RADIAL LINE OF SAID CURVE FROM SAID POINT BEARS NORTH 80 °29'27" WEST; THENCE ALONG THE NORTHWESTERLY PROLONGATION OF SAID CENTER LINE OF NORTH GENERAL KEARNY ROAD NORTH 80 °29'27" WEST 79.35 FEET; THENCE NORTH 09 030'33" EAST 37.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 80°29'27" WEST 198.45 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 537.00 FEET; THENCE ALONG SAID CURVE WESTERLY 125.66 FEET THROUGH A CENTRAL ANGLE OF 13-24'28"; THENCE TANGENT FROM SAID CURVE SOUTH 86 006'05" WEST 39.40 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 35.00 FEET; THENCE ALONG SAID CURVE NORTHWESTERLY 54.55 FEET THROUGH A CENTRAL ANGLE OF 89 "18'24" THENCE RADIALLY FROM SAID CURVE NORTH 85°24'29" EAST 20.00 FEET TO A CURVE CONCENTRIC WITH LAST SAID CURVE AND BEING CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 15.00 FEET, THENCE ALONG SAID CURVE SOUTHEASTERLY 2338 FEET THROUGH A CENTRAL ANGLE OF WI 8'24"; THENCE TANGENT FROM SAID CURVE NORTH 86°06'05" EAST 39.40 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 557.00 FEET; THENCE ALONG SAID CURVE EASTERLY 130.34 FEET THROUGH A CENTRAL ANGLE OF ' 13 °24'27 "; THENCE TANGENT FROM SAID CURVE SOUTH 80 °29'27" EAST 177.02 FEET TO A POINT ON A NON - TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 50.00 FEET, A RADIAL LINE OF SAID CURVE FROM SAID POINT BEARS SOUTH 71 0.04'27" EAST; THENCE ALONG SAID CURVE NORTHEASTERLY 64.27 FEET THROUGH A CENTRAL ANGLE OF 73 °38'55" TO A POINT ON A CURVE IN THE WESTERLY LINE OF SAID MARGARITA ROAD CONCENTRIC WITH SAID CURVE IN THE CENTER LINE OF MARGARITA ROAD AND HAVING A RADIUS OF 1945.00 FEET, A RADIAL LINE OF SAID CURVE FROM SAID POINT BEARS NORTH 83"23'33" WEST; THENCE ALONG SAID CURVE SOUTHERLY 52.16 FEET THROUGH A CENTRAL ANGLE OF 01 932' 11" TO A POINT ON A NON - TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 35.00 FEET, A RADIAL LINE OF SAID CURVE FROM SAID POINT BEARS NORTH 33 °19'41" WEST; THENCE ALONG SAID CURVE WESTERLY 26.17 FEET THROUGH A CENTRAL ANGLE OF 42 050' 14" TO THE TRUE POINT OF BEGINNING. PARCEL SD: COMMENCING AT THE CENTER LINE INTERSECTION OF YNEZ ROAD WITH WINCHESTER ROAD AS SHOWN ON A MAP FILED IN BOOK 96 PAGES 69 THROUGH 75, OF RECORD OF SURVEY IN SAID OFFICE OF THE RIVERSIDE COUNTY RECORDER; THENCE ALONG SAID CENTER LINE OF WINCHESTER ROAD NORTH 48 007'36^ EAST 2278.56 FEET TO THE BEGINNING OF A TANGENT CURVE THEREIN CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 2000.00 FEET; THENCE CONTINUING ALONG SAID CENTER LINE. ALONG SAID CURVE NORTHEASTERLY 110.98 FEET THROUGH A CENTRAL ANGLE OF 03 "10'46 "; THENCE RADIALLY FROM SAID CURVE SOUTH 38 "41'38" EAST 91.59 FEET; THENCE NORTH 51 °18'22" EAST 43.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 38 °41'38" EAST 68.74 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 293.00 FEET; THENCE ALONG SAID CURVE SOUTHERLY 159.27 FEET THROUGH A CENTRAL ANGLE OF 31 °08'39'; ' THENCE TANGENT FROM SAID CURVE SOUTH 07 032'59" EAST 84.26 FEET TO THE BEGINNING nnvainw asiecoswmaaowm -5- ' OF A TANGENT CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 35.00 FEET; THENCE ALONG SAID CURVE SOUTHEASTERLY 49.86 FEET THROUGH A CENTRAL ANGLE OF 81 "37'00 "; THENCE RADIALLY FROM SAID CURVE NORTH 00°50'01" EAST 20.00 FEET TO A CURVE CONCENTRIC WITH LAST SAID CURVE AND BEING CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 15.00 FEET; THENCE ALONG SAID NORTHWESTERLY 21.37 FEET THROUGH A CENTRAL ANGLE OF 81 °37'00 "; THENCE TANGENT FROM SAID CURVE NORTH 07°32'59" WEST 84.26 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 313.00 FEET; THENCE ALONG SAID CURVE NORTHERLY 170.14 FEET THROUGH A CENTRAL ANGLE OF 31 °08'39'; THENCE TANGENT FROM SAID CURVE NORTH 38 "41'38" WEST 31.49 FEET TO A POINT ON A NONTANGENT CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 70.00 FEET, A RADIAL LINE OF SAID CURVE FROM SAID POINT BEARS NORTH 54 °51'24" WEST; THENCE ALONG SAID CURVE NORTHEASTERLY 81.50 FEET THROUGH A CENTRAL ANGLE OF 66042'04" TO A POINT ON A CURVE IN THE SOUTHEASTERLY LINE OF SAID WINCHESTER ROAD CONCENTRIC WITH SAID CURVE IN THE CENTER LINE OF WINCHESTER ROAD AND HAVING A RADIUS OF 1933.00 FEET, A RADIAL LINE OF SAID CURVE FROM SAID POINT BEARS SOUTH 35 "20'36" EAST; THENCE ALONG SAID CURVE AND SOUTHEASTERLY LINE SOUTHWESTERLY 60.62 FEET THROUGH A CENTRAL ANGLE OF 01047'48" TO A POINT ON A NON - TANGENT CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 35.00 FEET, A RADIAL LINE OF SAID CURVE FROM SAID POINT BEARS SOUTH 85 039'56" EAST; THENCE ALONG SAID CURVE SOUTHERLY 2628 FEET THROUGH A CENTRAL ANGLE OF 43 001'42" TO THE TRUE POINT OF BEGINNING. PARCEL 6: ' EASEMENTS FOR A PERMANENT ROAD FOR THE PURPOSE OF INGRESS AND EGRESS AND FOR PERMANENT LANDSCAPING AND ACCESS ALONG THE ROAD EASEMENT, AS SET FORTH IN THAT CERTAIN EASEMENT AGREEMENT DATED JULY 13, 1998, AND RECORDED JULY 24, 1998 AS INSTRUMENT NOS. 307148, 307149 AND 307150 OF OFFICIAL RECORDS, PARCEL7: PARCEL 14 OF PARCEL MAP NO, 28530-2 FILED IN BOOK 193, PAGES 11 THROUGH 14 OF PARCEL MAPS IN THE OFFICE OF THE RIVERSIDE COUNTY RECORDER. APN: 910-420- 005 -5 and 910- 420-007 -7 and 910 - 420-008 -8 2nd 910-470 -012 -6 and 910 -420- 10- 9(Pm.) nzin.aina nmeb.m�rsyaoepumn -6-