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HomeMy WebLinkAbout2024-09 CC Resolution RESOLUTION NO. 2024-09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING AGREEMENT PURSUANT TO GOVERNMENT CODE SECTION 66462.5 BETWEEN SB ALTAIR,LLC,AND BROOKFIELD TEMECULA,LLC AND CITY OF TEMECULA FOR ACQUISITION OF CERTAIN PROPERTY INTERESTS (VINCENT MORAGA IMPROVEMENTS) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Findings. A. The City of Temecula(the"City")is a municipal corporation,located in the County of Riverside, State of California. B. On December 12,2017,after a duly noticed public hearing,the City Council introduced Ordinance No. 18-02 and on January 9, 2018 adopted Ordinance No. 18-02 approving the Altair Specific Plan#15 and authorizing the execution of that certain Development Agreement between the City and Temecula West Village, LLC recorded on January 30, 2018 as Document No. 2008-0036259 in the Official Records of the County of Riverside. ("Development Agreement"). The approval of the development plans relating to the Altair Specific Plan and Development Agreement authorized development on approximately 270 acres generally located south and west of the intersection of Ridge Park Drive and Vincent Moraga; west of Pujol Street and Murrieta Creek and North of Santa Margarita River (collectively "Development Approvals" or"Altair Project") identified as Riverside County Tax Assessor's Parcel Numbers 922-210-049, 940-310-013, 940-310-015, 940-310-016, 940-310-044 through 9440-310-048, and 940-320-001 through 940-320-007. C. On December 12, 2017, after a duly noticed public hearing and pursuant to the California Environmental Quality Act ("CEQA"), the City Council adopted Resolution No. 17-86 certifying the Altair Specific Plan EIR for the Development Agreement, and approving a Statement of Overriding Considerations and a Mitigation Monitoring Report for the Development Approvals D. SB Altair, LLC, a Delaware limited liability company and Brookfield Temecula, LLC, a Delaware limited liability company (collectively, the "Developer") are the successors to the interests of Temecula West Village, LLC in connection with the Development Agreement("Altair Project") on that certain real property owned by the Developer and described more particularly in ATTACHMENT 1 to the Development Agreement("Developer Property"). E. The Development Approvals included the improvement of the Developer Property in accordance with the Altair Specific Plan #15 and the Development Agreement, including, without limitation, grading, the construction of infrastructure and public facilities related to certain Off-Site Improvements and On-Site Improvements as defined in sections 1.44 and 1.45 of the Development Agreement, and the construction of structures and buildings and installation of landscaping. F. To facilitate the orderly development of the Altair Project,the Development Agreement was approved subject to certain conditions set forth on the Final Conditions of Approval,approved by City Council at the January 9,2018 meeting. Specifically,Conditions 171, 172, 204 through 207, 211, and 212 of the Final Conditions of Approval contained a specific condition requiring Developer to construct certain off-site public improvements in connection with the Rancho California Road and Vincent Moraga Improvements (Project Numbers: LD23-2175) ("Vincent Moraga Improvements"). G. Construction of the Vincent Moraga Improvements involves the acquisition of certain real property interests from nine parcels that are neither owned by the Developer or the City (hereby referenced as "Off-site Property Interests") described in the Exhibits to the attached Agreement Pursuant to Government Code Section 66462.5 Between SB Altair, LLC and Brookfield Temecula, LLC and the City of Temecula for Acquisition of Certain Property Interests (Vincent Moraga Road Improvements) ("Agreement"). The Off-site Property Interests include certain temporary construction easements, permanent easements, and right of way dedications in connection with the Vincent Moraga Improvements. F Pursuant to California Government Code Section 66462.5, when a condition of a subdivision map approval or a development agreement requires the installation or construction of improvements on off-site property not owned or controlled by a developer, and title cannot be obtained by negotiated purchase, a city is required to commence proceedings to acquire off-site property by eminent domain or such off-site improvement conditions will be waived. Pursuant to Government Code Section 66462.5(c), a city and a developer may enter into an agreement to allocate the costs and responsibilities for acquisition of such off-site property. The City and the Developer negotiated the terms of the attached Agreement pursuant to Government Code Section 66462.5. L Code of Civil Procedure, Section 1240.010 provides that "[t]he power of eminent domain may be exercised to acquire property only for a public use. Where the Legislature provides by statute that a use, purpose, object, or function is one for which the power of eminent domain may be exercised, such action is deemed to be a declaration by the Legislature that such use,purpose,object,or function is a public use." Government Code Section 66462.5(c)authorizes a city and a developer of a project,for which the construction of offsite improvements are required, to enter into an agreement requiring the developer to complete the improvements pursuant to Government Code Section 66462 at such time as the city acquires an interest in the land that will permit such improvements to be constructed. Government Code Section 66462.5(a)provides that a city or county may "acquire by negotiation or commence eminent domain proceedings pursuant to Title 7(commencing with Section 1230.010)of Part 3 of the Code of Civil Procedure to acquire an interest in the land which will permit the improvements to be made, including proceedings for immediate possession of the property under Article (commencing with Section 1255.410) of Chapter 6 of that title." J. Under the Agreement, the City will follow the pre-acquisition steps for acquisition of the Off-site Property Interests. The Agreement provides that the City has exclusive 2 control of the acquisition of the Off-site Property Interests, and the sole and exclusive discretion to adopt a resolution of necessity to authorize the acquisition of said property interests by eminent domain. The Agreement also provides that the City and the Developer will cooperate with each other in connection with the acquisition process and keep each other fully advised of the progress of the acquisition of the Off-site Property Interests. It provides that the Developer is solely responsible for all costs relating to the acquisition of the Off-site Property Interests. It provides that the Developer will deposit$80,000 with the City. The City will deposit said sum in a Separate Fund that will be used towards the acquisition costs. The Developer is required to maintain the balance in the Separate Fund at $20,000. It also provides that if the Developer independently acquires any of the Off-site Property Interests by negotiated purchase after an eminent domain proceeding is filed by the City, the Developer will immediately notify the City. In such case, the City will take steps to abandon all or any unnecessary part of the proceeding. Developer is responsible for any and all costs relating to any such abandonment, including all costs, expenses, and/or damages related thereto, including but not limited to condemnee's recoverable costs and/or recoverable attorneys' fees under Code of Civil Procedure Section 1268.610 et seq. Section 2_ Approval of Agreement. The City hereby approves that Government Code Section 66462.5 Agreement Between SB Altair,LLC and Brookfield Temecula, LLC and the City of Temecula for Acquisition of Certain Property Interests(Vincent Moraga Road Improvements). Section 3. City Manager Authority. The City Manager is authorized to execute the Agreement in substantially the form attached hereto to take necessary steps to effectuate the purposes of the Agreement. Section 4. Certification. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 13th day of February, 2024. James Stewart, Mayor ATT R , City Clerk [SEAL] 3 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No.2024-09 was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 13th day of February, 2024,by the following vote: AYES: 4 COUNCIL MEMBERS: Alexander, Kalfus, Schwank, Stewart NOES: 0 COUNCIL MEMBERS: None ABSTAIN: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None Randi Johl, City Clerk 2 AGREEMENT PURSUANT TO GOVERNMENT CODE SECTION 66462.5 BETWEEN SB ALTAIR, LLC, AND BROOKFIELD TEMECULA, LLC AND CITY OF TEMECULA FOR ACQUISITION OF CERTAIN REAL PROPERTY INTERESTS (RANCHO CALIFORNIA ROAD AND VINCENT MORAGA IMPROVEMENTS) This Agreement Pursuant to Government Code Section 66462.5 BETWEEN SB ALTAIR, LLC, AND BROOKFIELD TEMECULA, LLC AND CITY OF TEMECULA FOR ACQUISITION OF CERTAIN REAL PROPERTY INTERESTS (VINCENT MORAGA IMPROVEMENTS) (the "Agreement") is entered into between SB ALTAIR, LLC, a Delaware limited liability company and BROOKFIELD TEMECULA, LLC, a Delaware limited liability company (collectively hereinafter called "Developer"), on the one hand, and the CITY OF TEMECULA, a municipal corporation ("City"), on the other hand. This Agreement is effective on the date it is fully executed (the "Effective Date"). Developer and City are sometimes jointly referred to in this Agreement as the "Parties." In consideration of the Recitals below, the mutual covenants set forth in this Agreement, and for the further consideration described in this Agreement, the Parties agree as follows: 1. Recitals. The Parties hereto acknowledge and agree that this Agreement is made with respect to the following facts and purposes that each of the parties agrees to be true and correct. A. On December 12, 2017, after a duly noticed public hearing, the City Council introduced Ordinance No. 18-02 and on January 9, 2018 adopted Ordinance No. 18-02 approving the Altair Specific Plan #15 and authorizing the execution of that certain Development Agreement between the City and Temecula West Village, LLC recorded on January 30, 2018 as Document No. 2008-0036259 in the Official Records of the County of Riverside ("Development Agreement"). The approval of the development plans relating to the Altair Specific Plan and Development Agreement authorized development on approximately 270 acres generally located south and west of the intersection of Ridge Park Drive and Vincent Moraga; west of Pujol Street and Murrieta Creek and North of Santa Margarita River (collectively "Development Approvals" or "Altair Project") identified as Riverside County Tax Assessor's Parcel Numbers 922-210-049, 940-310-013, 940-310-015, 940-310-016, 940-310-044 through 9440-310-048, and 940-320-001 through 940-320-007. B. On December 12, 2017, after a duly noticed public hearing and pursuant to the California Environmental Quality Act ("CEQA"), the City Council adopted Resolution No. 17-86 certifying the Altair Specific Plan EIR for the Development Agreement, and approving a Statement of Overriding Considerations and a Mitigation Monitoring Report for the Development Approvals. C. Developer is the successor to the interests of Temecula West Village, LLC in connection with the Development Agreement on that certain real property owned by Developer and described more particularly in ATTACHMENT 1 to the Development Agreement ("Developer Property"). D. The Development Approvals included the improvement of the Developer Property in accordance with the Altair Specific Plan 415 and the Development Agreement, including, -1- without limitation, grading, the construction of infrastructure and public facilities related to certain Off -Site Improvements and On -Site Improvements as defined in sections 1.44 and 1.45 of the Development Agreement, and the construction of structures and buildings and installation of landscaping. E. To facilitate the orderly development of the Altair Project, the Development Agreement was approved subject to the construction of certain Off -Site Improvements consisting of improvements to certain portions of Vincent Moraga, Rancho California Road and Western Bypass Road. Specifically, Conditions 171, 172, 204 through 207, 211, and 212 of the Final Conditions of Approval contained a specific condition requiring Developer to construct certain Off -Site public improvements in connection with the Vincent Moraga Improvements (Project Numbers: LD23-2175) ("Vincent Moraga Improvements"): Description of Public Improvements. Complete engineering design and construct full Vincent Moraga Improvements. Condition 171. Developer, at its sole cost, shall design and improve Vincent Moraga Road to ensure that all driveways providing access from the right-of-way to adjoining properties shall be allowed for safe ingress and/or egress. Improvements may include, but not be limited to, truck deceleration, acceleration, and turn -in lanes. The improvements shall conform to the standards adopted by the City of Temecula for public roadway and rights of way consistent with the Specific Plan and the Tentative Tract Map. Condition 172. Developer, at its sole cost, shall fund the acquisition and installation of traffic signals and related roadway and right of way improvements, when warranted. The design and installation shall conform to the standards adopted by the City of Temecula, consistent with the Specific Plan and the Tentative Tract Map. Condition 204. Acquisition of right-of-way on the east side of Vincent Moraga between Felix Valdez and Rancho California Road and construction of the designed Western Bypass Corridor northbound right turn lane improvements within this road segment. Condition 205. Acquisition of right-of-way on the south side of Rancho California Road between Vincent Moraga Drive and the Murrieta Creek Bridge and construction of all intersection improvements within this road segment including an additional westbound left turn lane on Rancho California Road to Vincent Moraga Drive. Condition 206. Traffic signal and utility relocation where needed and construction of the ultimate build -out of the Rancho California Road, Diaz Road and Vincent Moraga Drive intersection. -2- Condition 207. Construction of the designed onsite Western Bypass Corridor Phase 1 improvements from the project's northern property line to the future Altair Vista intersection. Condition 211. Acquisition of right-of-way on the west side of Vincent Moraga Drive between Felix Valdez and Rancho California Road and construction of the designed Western Bypass Corridor improvements within this road segment. Condition 212. Acquisition of right-of-way on the east side and west side of Vincent Moraga Drive between Felix Valdez and Ridge Park Drive and construction of the designed Western Bypass Corridor improvements within this road segment. F. Satisfaction of the Vincent Moraga Improvements involves the acquisition of certain real property interests from nine parcels that are neither owned by the Developer or City (hereby referenced as "Off -site Property Interests"). The Off -site Property Interests required to satisfy the Final Conditions of Approval consist of certain real property interests more particularly described and depicted collectively on Exhibit 1 through Exhibit 17, which are attached hereto and incorporated herein by this reference. Developer has negotiated the acquisition of the necessary property interests from four (4) of the parcels required for the Vincent Moraga Improvements. G. Pursuant to California Government Code Section 66462.5, when a condition of a subdivision map approval or a development agreement requires the installation or construction of improvements on off -site property not owned or controlled by a developer, and title cannot be obtained by negotiated purchase, a city is required to commence proceedings to acquire off -site property by eminent domain or such off -site improvement conditions will be waived. Pursuant to said Section 66462.5, a city and a developer may enter into an agreement to allocate the costs and responsibilities for acquisition of such off -site property. H. Developer has requested that City acquire the Off -site Property Interests pursuant to Government Code Section 66462.5 or waive such conditions. I. Developer has provided credible evidence that Developer has made a good faith effort to acquire the Off -site Property Interests but has been unable to do so by negotiated purchase. J. City is authorized to acquire property by eminent domain for public use, namely for public street purposes and all uses necessary or convenient thereto, pursuant to Section 19 of Article 1 of the California Constitution, Government Code Sections 37350, 37350.5, 37351, 37353, 40401, and 40404, Code of Civil Procedure Section 1230.010 et seq., and other provisions of law. Code of Civil Procedure, Section 1240.010 provides that "[t]he power of eminent domain may be exercised to acquire property only for a public use. Where the Legislature provides by statute that a use, purpose, object, or function is one for which the power of eminent domain may be exercised, such action is deemed to be a declaration by the Legislature that such use, purpose, object, or function is a public use." Government Code Section 66462.5(c) authorizes a city and a developer of a project, for which the construction of offsite improvements are required, to enter into an agreement requiring the developer to complete the improvements pursuant to Government -3- Code Section 66462 at such time as the city acquires an interest in the land that will permit such improvements to be constructed. Government Code Section 66462.5(a) provides that a city or county may "acquire by negotiation or commence eminent domain proceedings pursuant to Title 7 (commencing with Section 1230.010) of Part 3 of the Code of Civil Procedure to acquire an interest in the land which will permit the improvements to be made, including proceedings for immediate possession of the property under Article (commencing with Section 1255.410) of Chapter 6 of that title." K. City must comply with the Relocation Assistance Act, Government Code Section 7260 et seq., and the Eminent Domain Law (Code of Civil Procedure Section 1230.010 et seq.), and their implementing regulations, in acquiring property for public improvements ("Public Land Acquisition Statutes"). L. To facilitate the satisfaction of the condition of approval, City and Developer now mutually desire to enter into this Agreement under Government Code Section 66462.5 concerning acquisition of the Off -site Property Interests and to allocate responsibility between the respective Parties. M. This Agreement is solely made in furtherance of the authority granted under Government Code Section 66462.5. The Parties recognize that City cannot exercise its power of eminent domain until City has satisfied all legally required preconditions under the Public Land Acquisition Statutes, including the adoption of a Resolution of Necessity by the City Council in accordance with applicable law. This Agreement is neither a commitment nor an announcement of an intent by City to acquire any or all of the Off -site Property Interests that may be identified in this Agreement. In the event the City Council, in its sole discretion, adopts a Resolution of Necessity after the required public hearing authorizing the acquisition of the Off -site Property Interests by eminent domain, and elects to commence an eminent domain proceeding, then City will cause the eminent domain proceeding for the acquisition of the Off -site Property Interests (whether fee, leasehold, easement, or otherwise) in and to the Off -site Property Interests to be filed and expeditiously processed to completion by and through the use of City's power of eminent domain. 2. City Acquisition of Off -site Property Interests. A. Developer agrees that City will exercise exclusive control of the acquisition of the Off -site Property Interests and, if necessary, any eminent domain proceeding filed to acquire the Off -site Property Interests. B. Subject to Developer's timely and continuous performance of all elements of this Agreement, City will proceed with the following steps in connection with the proposed acquisition of the Off -site Property Interests: (1) City will obtain an appraisal of the Off -site Property Interests in accordance with the requirements of the Public Land Acquisition Statutes. (2) City will, in good faith, negotiate with the current owners of the Off -site Property Interests to attempt to acquire the Off -site Property Interests without the necessity of an eminent domain proceeding. M (3) If such negotiations prove unsuccessful, City Staff will schedule a hearing for the City Council to consider the adoption of a resolution of necessity for acquisition of the Off - Site Property Interests in accordance with applicable law. The City Attorney's Office will file condemnation proceedings for the purpose of acquiring the Off -site Property Interests by eminent domain if. (1) the City Council, in its sole and exclusive discretion, determines that the City has complied with the Public Land Acquisition Statutes; (2) the City Council considers all of the facts presented at any hearing scheduled for the consideration of the adoption of a resolution of necessity; (3) the City Council, in its sole and exclusive discretion, makes the findings necessary for adoption of a resolution of necessity under the Eminent Domain Law; and (4) the City Council, in its sole and exclusive discretion, determines to adopt a resolution of necessity by the required votes. (4) If the City Council adopts a resolution of necessity, the City Attorney's office will file, on behalf of the City, an eminent domain proceeding promptly following the adoption of such resolution of necessity and will diligently prosecute such proceeding. C. City and Developer will cooperate with each other in connection with the acquisition process and keep each other fully advised of the progress of the acquisition of the Off - site Property Interests. D. Developer agrees that City will exercise exclusive control of the acquisition of the Off -site Property Interests and, if necessary, any eminent domain proceeding filed to acquire the Off -site Property Interests, including but not limited to, exclusive control regarding the selection of consultants, experts, litigation, and settlement. Notwithstanding the foregoing, Developer shall be presented with any settlement demand provided by any party associated with the Off -site Property Interests., and City shall reasonably consider Developer's input on whether to accept any such settlement demand. E. Developer agrees that the City Attorney's Office and any experts or consultants retained on behalf of City in connection with any such eminent domain proceeding do not represent Developer in any capacity and further that Developer is not a third -party beneficiary. F. The Parties further agree that this Agreement can be terminated by City if the court determines in any condemnation proceeding that City does not have the right to take the Off -site Property Interests by eminent domain in accordance with the Eminent Domain Law, or if City determines, in its sole and exclusive discretion, not to adopt a resolution of necessity. 3. Developer Responsible for All Costs of Acquisition. Developer is solely responsible for all actual direct and indirect out-of-pocket costs (indirect costs shall include, for example, postage and other miscellaneous expenses, but shall not include items such as overhead, salaries, or other ordinary costs of doing business) of the Off -site Property Interest acquisitions, which include, but are not limited to, the costs of title reports and/or litigation guarantees, appraisal costs, litigation expenses, costs for experts and consultants, court costs, attorneys' fees, deposits necessary to take immediate possession of the Off -site Property Interests, deposits reflecting settlement of any suit filed by the City pursuant to a stipulation for entry of judgment and final order of condemnation or settlement agreement, compensation required by a jury verdict as to the value of said Off -site Property Interests, payments for land and improvements on the land, severance damages, fixtures -5- and equipment payments, payments for loss of business goodwill, relocation benefits, precondemnation damages, relocation expenses, abandonment costs or damages, the statutory costs and litigation expenses of the owners of the Off -site Property Interests authorized by the Eminent Domain Law and Public Land Acquisition Statutes, and any and all fees, costs, and expenses arising from or related to any of the foregoing items, actions, and proceedings. The City's attorneys, paralegals, and other legal staff or consultants shall not charge Developer a higher hourly rate than what the City is charged for similar work. 4. Limitations on City's Ability to Acquire Of -site Property Interests; Time Waiver. The Parties hereto recognize that if the City Council, in its discretion, adopts a resolution of necessity or resolutions of necessity and authorizes the filing of an eminent domain proceeding, City may not be able to obtain title to the Off -site Property Interests within the time set forth in Government Code Section 66462.5. In recognition of this potential circumstance, the Parties hereby waive the time requirements for action by City as set forth in Government Code Section 66462.5. 5. Deposit of Costs. Concurrently with the execution of this Agreement, Developer will deliver to City the sum of $80,000 (Eighty Thousand Dollars). City agrees to deposit said sum in a separate City account ("Separate Fund") and to use the principal sum, and any interest earned thereon, in furtherance of satisfying the costs specified in this Agreement. A. City will, on a monthly basis, or as often as City deems necessary, provide Developer with an accounting of disbursements from the Separate Fund established pursuant to this Section. In the event disbursements reduce the balance of the fund to $5,000 (Five Thousand Dollars) or less, Developer, within ten (10) business days following a written request by City, will deliver to City such additional monies as are necessary to maintain the balance in the separate fund at $20,000. B. Developer agrees to deliver to City, promptly upon demand by City, the entire amount City determines is required by the Eminent Domain Law ("Deposit Amount"), which amount City will deposit with the State Condemnation Fund under Code of Civil Procedure Section 1255.010 et seq. if City and Developer agree that City should seek prejudgment possession of the Off -Site Property Interests. The Deposit Amount may be paid from the Separate Fund, subject to the terms of 5.A above. If during the course of the eminent domain proceeding, City's expert valuation witness or the court determines that the fair market value of the Off -site Property Interests is higher than the Deposit Amount, Developer will deliver this additional amount to City for deposit in the Separate Fund upon ten (10) business days following a written request by City or as ordered by any court of competent jurisdiction. City will promptly deposit this additional amount with the State Condemnation Fund or as ordered by the court. C. If for any reason Developer fails to maintain the Separate Fund balance referenced in this Section, or fails to provide the monies as required herein, City may utilize and draw down all or any portion of the improvement security deposited with City to ensure completion of the Vincent Moraga Improvements to pay any of the costs and expenses referenced herein for acquisition of the Off -site Property Interests. City will not commence any activity under or in furtherance of this Agreement until Developer provides City and City agrees with and approves a written acknowledgment from both the Developer and the person, firm, or entity who has provided the referenced security that: (i) City may make a demand on the security for the purposes described in this Agreement; (ii) the surety will promptly pay such monies to City upon City's demand. D. When any and all eminent domain proceedings that were commenced pursuant to this Agreement are concluded, City will remit to Developer the balance of the Separate Fund within sixty (60) days after full payment of just compensation, costs, and all applicable litigation expenses have been made in connection with the acquisition of said Off -site Property Interests. In addition, City will expeditiously withdraw any funds remaining on deposit with the State Condemnation Fund if any eminent domain proceeding is dismissed or abandoned. In the event Developer contests any portion of the final accounting, the Parties shall work together in an effort to resolve the issues raised within thirty (30) days from the transmittal of the objection by Developer. If the Parties are unable to resolve the issues concerning the final accounting, the Parties agree to participate in at least one mediation session within ninety (90) days of the transmittal of the written objection by Developer before filing any lawsuit. Unless otherwise agreed upon, the costs of any such mediation shall be the sole responsibility of Developer. 6. Developer Acquisition of Off -Site Property Interests. If Developer should independently acquire all or any portion of the Off -site Property Interests by negotiated purchase after an eminent domain proceeding is filed by City, Developer will immediately notify City of the acquisition. In such case, City will move to abandon or otherwise cooperate in the dismissal of all or any unnecessary part of the eminent domain proceeding relating to any portion of the Off - site Property Interests acquired by Developer by negotiation when title to said property is vested in Developer or City. If a complete or partial abandonment is filed, Developer will bear any and all costs, expenses, and/or damages related thereto, including, but not limited to, any condemnee's recoverable costs and/or recoverable attorneys' fees pursuant to Code of Civil Procedure Section 1268.610 et seq. 7. Miscellaneous. A. Notices. All notices and demands will be given in writing by certified or registered mail, postage prepaid, and return receipt requested, or by overnight carrier. Notices will be considered given upon the earlier of (a) two (2) business days following deposit in the United States mail, postage prepaid, certified or registered, return receipt requested, or (b) one (1) business day following deposit with an overnight carrier service. The Parties will address such notices as provided below or as may be amended by written notice: City: CITY OF TEMECULA 41000 Main Street Temecula, CA 92590 Attention: City Manager Copy to: RICHARDS, WATSON & GERSHON 350 South Grand Avenue, 37th Floor Los Angeles, CA 90071 Attention: Peter M. Thorson, City Attorney Developer: SB ALTAIR, LLC -7- Copy to: -.ZZeo 5F'-4 Z!o Attention: Grp• rev[ and BROOKFIF..LD TEMECULA LLC Attention: orc..-'v �.y NOSSAMAN LLP 18101 Von Karman Ave., Suite 1800 Irvine, CA 92612 Attention: Brad Kuhn B. Further Cooperation. Each party to this Agreement agrees to cooperate by performing any further acts and by executing and delivering any and all additional monies, items, or documents which may be reasonably necessary to carry out the terms and provisions of this Agreement, and each party to this Agreement agrees that it will not act in any manner whatsoever which would hinder, impede, interfere, or prohibit, or make more onerous or difficult the performance of the other party hereto under this Agreement. C. Amendments. Any amendments to this Agreement will be effective only by a writing executed by the Parties to this Agreement. D. Governing Law. This Agreement is deemed to have been prepared by each of the Parties hereto, and any uncertainty or ambiguity herein will not be interpreted against the drafter, but rather, if such uncertainty or ambiguity exists, will be interpreted according to the applicable rules of interpretation of contracts under the laws of the State of California, and not the substantive law of another state or the United States or federal common law. This Agreement will be deemed to have been executed and delivered within the State of California, and the rights and obligations of the Parties will be governed by, and construed and enforced in accordance with, the laws of the State of California. E. Entire Agreement. This Agreement contains the entire agreement between the City and Developer regarding the subject matter of this Agreement. F. Successors and Assigns. This Agreement will be binding upon and inure to the benefit of the heirs, executors, administrators, successors, successors -in -interest, and assigns of the Parties hereto. G. Counterparts, Facsimile and Electronic Signatures, This Agreement may be executed in whole or in counterparts, which together will constitute the entire Agreement. Facsimile or electronic signatures/counterparts to this Agreement will be effective as if the original signed counterpart were delivered. H. Legal_ Representation. Each of the Parties acknowledge that in connection with the negotiation and execution of this Agreement, they have each been represented by independent counsel of their own choosing and the Parties executed this Agreement after review by such independent counsel. The Parties further acknowledge that, prior to executing this Agreement, each of the Parties has had an adequate opportunity to conduct an independent investigation of all the facts and circumstances with respect to the matters that are the subject of said Agreement. I. Attorneys' Fees. If either of the Parties hereto incurs attorneys' fees in order to enforce, defend, or interpret any of the terms, provisions, or conditions of this Agreement or because of a breach of this Agreement by the other party, the prevailing party, whether by suit, negotiation, arbitration, or settlement will be entitled to recover reasonable attorneys' fees from the other party. J. Severability. If any part, term, or provision of this Agreement is held by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining provisions will not be affected, and the rights and obligations of the Parties will be construed and enforced as if this Agreement did not contain the particular part, term, or provision held to be invalid. K. No Agency or Joint Venture. The terms and provisions of this Agreement will not cause the Parties hereto or any of each Parties' agents, consultants, contractors, or other providers of professional services to be construed in any manner whatsoever as partners, joint venturers, or agents of each other in the performance of their respective duties and obligations under this Agreement, or subject either party to this Agreement to any obligation, loss, charge, or expense of the other party to this Agreement. L. Time of Essence. Time is expressly made of the essence of each and every provision of this Agreement. M. Remedies. No remedy or election hereunder will be deemed to be exclusive but will, wherever possible, be cumulative with all other remedies at or in equity. N. Venue. Venue for any action arising directly or indirectly under this Agreement will be in the Superior Court of Riverside County, California. [SIGNATURES ON NEXT PAGE] 562 IN WITNESS WHEREOF, the Parties hereof have executed and entered into this Agreement as of the date set forth below. Developer SB ALTAIR, LLC, a Delaware limited liability company By: BROOKFIELD TEMECULA LLC a Delaware limited liability company Its: Operations Member 1-7,3-2,4 By: (" - --- Nicole Burdette Title: President ent DEVELOPER'S SIGNATURES MUST BE NOTARIZED CITY OF TEMECULA, a municipal corporation Date: By: James Stewart e4wa", Mayor Attest: Randi Johl, City Clerk Approved as to form: Peter M. Thorson, City Attorney 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 County of On j 0 nM M 9-1) 1202 before me, YU pN PA _r NUM IM... PMM i C (insert name a d title of the icer) 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. JENNA MW PAPA WITNESS my and and official seal. Notary Public - California Orange County Commission N 2370117 *my Comm. Expires Aug 7, 2029 EXHIBIT 1 EXHIBIT A- LEGAL DESCRIPTION PERMANENT STREET EASEMENT A PORTION OF PARCEL 1 OF PARCEL MAP 12549 RANCHO CALIFORNIA ROAD AND VINCENT MORAGA DRIVE BEING A PORTION OF PARCEL 1 OF PARCEL MAP 12549, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 74, PAGES 84 THROUGH 89 INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID PARCEL 1, BEING THE BEGINNING OF A 1499.00 FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 15°29'50" EAST (SOUTH 15°29'26" EAST PER SAID PARCEL MAP 12549); THENCE WESTERLY ALONG THE NORTHERLY LINE OF SAID PARCEL 1 AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 07028" 5" A DISTANCE OF 195.45 FEET TO THE EASTERLY LINE OF VINCENT MORAGA DRIVE AS DEDICATED TO PUBLIC USE PER SAID PARCEL MAP; THENCE LEAVING SAID NORTHERLY LINE ALONG SAID EASTERLY LINE SOUTH 41 °05'49" WEST, 34.16 FEET; THENCE SOUTH 06°55'41" EAST, 204.41 FEET TO A POINT IN THE NORTHERLY LINE OF FELIX VALDEZ AVENUE AS DEDICATED TO PUBLIC USE PER SAID PARCEL MAP; THENCE LEAVING SAID EASTERLY LINE ALONG SAID NORTHERLY LINE SOUTH 51055'41" EAST, 22.63 FEET; THENCE NORTH 83004'19" EAST, 9.26 FEET; THENCE LEAVING SAID NORTHERLY LINE NORTH 51055'41" WEST, 32.90 FEET TO A LINE LYING 2.00 FEET EASTERLY OF AND PARALLEL WITH SAID EASTERLY LINE OF VINCENT MORAGA DRIVE; THENCE ALONG SAID PARALLEL LINE NORTH 06055'41" WEST, 125.19 FEET TO THE BEGINNING OF A 1240.00 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE LEAVING SAID PARALLEL LINE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 02056'28" A DISTANCE OF 63.65 FEET; THENCE NORTH 38049'17" EAST, 36.19 FEET TO THE BEGINNING OF A 1505.00 FOOT RADIUS CURVE CONCAVE NORTHERLY AND LYING 6.00 FEET SOUTHERLY OF AND CONCENTRIC WITH SAID NORTHERLY LINE OF PARCEL 1, A RADIAL LINE TO SAID POINT BEARS SOUTH 08°10'50" EAST; THENCE EASTERLY ALONG SAID CONCENTRIC CURVE THROUGH A CENTRAL ANGLE OF PAGE 1 OF 2 M:\2591\15\Legal Descriptions\A08 PCL 1 ROW MANDERSCHEID FAMILY TRUST.docx EXHIBIT 1 07016'57" A DISTANCE OF 191.29 FEET TO THE EASTERLY LINE OF SAID PARCEL 1; THENCE LEAVING SAID CONCENTRIC CURVE ALONG SAID EASTERLY LINE NORTH 06056'59" EAST A DISTANCE OF 6.07 FEET TO THE POINT OF BEGINNING. THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 2,053 SQUARE FEET (0.047 ACRES), MORE OR LESS. Ir-3-ZvZ3 JIM J. ELMORE P.L.S. 8483 HUNSAKER & ASSOCIATES SAN DIEGO, INC. y�0 LAND3. SCR 0 L.S.8483 OF CAL1 PAGE 2OF2 M:\2591\15\Legal Descriptions\A08 PCL 1 ROW MANDERSCHEID FAMILY TRUST.docx EXHIBIT 1 EXHIBIT B -MAP SHEET 1 OF 2 PERMANENT STREET EASEMENT VICINITY MAP �AA& NOT TO SCALE 15 N SITES RIDGE PARK ,OQ DRIVE F1�L1X T M CU EZ WNCENT MORAGA AVE DRIVE LEGEND ®AREA OF RIGHT OF WAY DEDICATION AREA=2, 053 SQ. FT. (0.047 ACRES), MORE OR LESS. 0 SEWER EASEMENT TO EASTERN MUNICIPAL WATER DISTRICT PER INST. NO. A 53382 REC. 412611973, O.R. Q UTILITY EASEMENT RESERVED BY KACOR REALTY, INC., PER INST. NO. 25891 REC. 21711980, O.R. A MAINTENANCE EASEMENT PER INST. NO. 83463 REC. 412311984, O.R. EASEMENT FOR CONSTRUCTION AND MAINTENANCE RESERVED BY KAISER D DEVELOPMENT COMPANY PER INST. NO. 84-236042 REC. 7013111984, O.R. QEASEMENT FOR ELECTRICAL FACILITIES TO SOUTHERN CALIFORNIA EDISON E COMPANY PER INST NO. 85-202439 REC, 91911985, O.R. QEASEMENT FOR UTILITY PIPELINES TO RANCHO CALIFORNIA WATER DISTRICT PER INST. NO. 2015-0535943 REC. 1211012015, O.R. P.O.B. POINT OF BEGINNING ( ) INDICATES RECORD INFORMATION PER PM 12549. THE LOCATIONS OF THE FOLLOWING EASEMENTS CANNOT BE DETERMINED FROM RECORD INFORMATION AND ARE NOT PLOTTED HEREON: EASEMENT FOR TELEPHONE POLES, ANCHORS, AND INCIDENTAL PURPOSES TO PACIFIC TELEPHONE AND TELEGRAPH COMPANY REC. 912111917 IN BOOK 470 OF DEEDS, PAGE 14. BASIS OF 8F_ARINGS BEARINGS ARE BASED ON THE CALIFORNIA STATE PLANE COORDINATE SYSTEM (CCS83), ZONE 6, (EPOCH 2O10.0000), BASED LOCALLY ON LAND N.G.S. CORS STATIONS "BILL" AND "P474" DISTANCES DERIVED FROM THE COORDINATE SYSTEM HEREIN ARE GROUND DISTANCES, AS THE COORDINATES HAVE BEEN SCALED TO GROUND VALUES. COMBINED SCALE FACTOR IS 0.9999059859 L.S.8483 HUNSAKER - 2C� �� � A A SANS DOI E G O,INC. SCIATS~M4'. ELMORE _____T-^-^—DATE r� of DA%-tF�� 9707 Waples Street (858)558-4500 P.L.S. NO. 8483 San Diego, CA 92121 R: \ 1745\&Map\Easements\Offsite ROW\EX Manderscheid Acquisition Exhibit SHT 01.dwg w.o. 2591-0015 F.Tii H RIT 1 Y 13' NO8°01'351 a � oI nl Cl) m I im m C� Ii — xl -U1 I � 48� sv m II I a I ❑ to I I , HUNSAKER 1 & ASSOCIATES SAN DIEGO, INC. 9707 Waples Street (858)558-4500 San Diego, CA 92121 EXHIBIT B -MAP PERMANENT STREET EASEMENT 1 Ln 0 I A ROAP,--- lag C_AL1005029 9�2s"W(R)) PER F CEIR} DEDICATED 1y�51 ~\ _ - A C ■ � usc— r- ��6�7-4 �5 0 .R L, 1 FM ,2549 L112' `xi4.11 SHEET 2 OF 2 �r �.01 Jrrr r rr \N 15"27'47"W2� W Li y. AV _IX VALDE� ER— � — 92s. F+' �'�' — PAR�t�AP 12549. — DEDICATED PER15 0 50 100 150 SCALE 1" =50' R. \ 1745 \&Map \Easements \Offsite ROW\EX Manderscheid Acquisition Exhibit SHT 02.dwg EXHIBIT 1 EXHIBIT 2 EXHIBIT A- LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT A PORTION OF PARCEL 1 OF PARCEL MAP 12549 BEING A PORTION OF PARCEL 1 OF PARCEL MAP 12549, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 74, PAGES 84 THROUGH 89 INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID PARCEL 1; THENCE ALONG THE EASTERLY LINE THEREOF; SOUTH 06056'59" EAST A DISTANCE OF 6.07 FEET TO THE TRUE POINT OF BEGINNING; SAID POINT BEING THE BEGINNING OF A NON -TANGENT 1505.00 FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 15027'47" EAST; THENCE LEAVING SAID EASTERLY LINE AND WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 07°16'57" A DISTANCE OF 191.29 FEET; THENCE SOUTH 38149" 7" WEST, 36.19 FEET TO THE BEGINNING OF A NON -TANGENT 1240.00 FOOT RADIUS CURVE CONCAVE EASTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 86°00'47" EAST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 02056'29" A DISTANCE OF 63.66 FEET; THENCE SOUTH 06°55'41" EAST, 125.19 FEET; THENCE SOUTH 51 °55'41" EAST, 27.58 FEET; THENCE NORTH 06°55'41" WEST, 10.03 FEET; THENCE SOUTH 83'04'19" WEST, 2.50 FEET; THENCE NORTH 06°55'41" WEST, 62.00 FEET; THENCE NORTH 83°04'19" EAST, 7.50 FEET; THENCE NORTH 06°55'41" WEST, 57.25 FEET; THENCE SOUTH 83°04'19" WEST, 14.50 FEET; THENCE NORTH 06055'41" WEST, 13.75 FEET TO THE BEGINNING OF A NON -TANGENT 61.50 FOOT RADIUS CURVE CONCAVE EASTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 51026'38" WEST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 27023'26" A DISTANCE OF 29.40 FEET; THENCE NORTH 81 °21'26" EAST, 2.02 FEET; THENCE NORTH 09°52'58" WEST, 2.73 FEET; THENCE SOUTH 83051'46" WEST, 1.50 FEET; THENCE NORTH 06°21'48" WEST, 3.54 FEET; THENCE NORTH 83°03'44" EAST, 1.56 FEET; THENCE NORTH 06°56'16" WEST, 1.92 FEET TO THE BEGINNING A 55.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE PAGE 1 OF 2 M:\2591\15\Legal Descriptions\Private TCE\A08 PCL 1 TCE MANDERSCHEID FAMILY TRUST.docx THROUGH A CENTRAL ANGLE OF 59058'41" A DISTANCE OF 57.57 FEET; THENCE NORTH 53002'25" EAST, 2.33 FEET; THENCE NORTH 61 °21'58" EAST, 5.32 FEET; THENCE NORTH 70032'22" EAST, 7.77 FEET; THENCE NORTH 80007'15" EAST, 34.80 FEET; THENCE NORTH 79015-39" EAST, 48.84 FEET; THENCE NORTH 78°30'44" EAST, 15.16 FEET; THENCE NORTH 7702352" EAST, 16.96 FEET; THENCE NORTH 75018'34" EAST, 15.93 FEET; THENCE NORTH 75016'28" EAST, 34.25 FEET; THENCE NORTH 16034'57" WEST, 0.58 FEET; THENCE NORTH 73031'46" EAST, 2.40 FEET; THENCE SOUTH 16020'53" EAST, 0.38 FEET; THENCE NORTH 74010'06" EAST, 5.54 FEET TO THE EASTERLY LINE OF SAID PARCEL 1; THENCE LEAVING SAID EASTERLY LINE NORTH 06°56'59" EAST, 2.26 FEET TO THE TRUE POINT OF BEGINNING. THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 3,574 SQUARE FEET (0.082 ACRES), MORE OR LESS. / /-9 - Zoz3 MY J. ELMORE P.L.S. 8483 HUNSAKER & ASSOCIATES SAN DIEGO, INC. PAGE 2OF2 LAND 5�4 L.S.8483 0r CA\ L M:\2591\15\Legal Descriptions\Private TCE\A08 PCL 1 TCE MANDERSCHEID FAMILY TRUST.docx EXHIBIT B -MAP SHEET 1 OF 3 SHEETS TEMPORARY CONSTRUCTION EASEMENT VICINITY MAP LEGEND NOT TO SCALE 15 AREA OF TEMPORARY CONSTRUCTION ® EASEMENT AREA = 3,574 SQ. FT. (0.082 ACRES), MORE OR LESS. N a P.O.C. POINT OF COMMENCEMENT SITE �T.P.O.B. TRUE POINT OF BEGINNING cai]FBMS OF BEARINGS -� L J BEARINGS ARE BASED ON THE CALIFORNIA STATE PLANE RIDGE PARK O\D COORDINATE SYSTEM (CCS83), ZONE 6, (EPOCH DRIVE FELIX WN 2010.0000), BASED LOCALLY ON N.G.S. CORS STA110NS VAL EZ ECU "BILL" AND "P474" DISTANCES DERIVED FROM THE WNCENT MORAGA COORDINATE SYSTEM HEREIN ARE GROUND DISTANCES, DRIVE AS THE COORDINATES HAVE BEEN SCALED TO GROUND VALUES. COMBINED SCALE FACTOR IS 0.9999059859 CURVE TABLE DELTA RADIUS LENGTH Cl 59'58'41" 55.00' 5Z57' 0 50 100 150 SCALE 1" =50' �A ROAD P 0 G pRCEL OEO I CA �Eo P�� � 191.29' o R-1505 p0 L �0 s tea. _ 's- 4�1 p=07'1-6 57 ��V V M znL m r� 1(n r`i w � SEE DETAIL "B' SHEET 3 ---R=61.50' L=29.40' 6-27023'26" �6'3a"� q m OOV �w .� �V W WZ 00� �o . W m 00 � r'i mm m 1 PIS/1 l � �r� J T. �AP.O.B.. y6 2.26� 15°27'47"W R) 1_ � � Ln Lwz P I 0 Us 0) � Z t'sC m 01 InIco NI �I �I SEE SHEET 2 w SAND L.S.8483HUNSAKER & ASSOCIATESDATE F o 1F� SAN DIEGO, INC. F CAS 9707 Waples Street (858)558-4500 P.L. S. N0. 8483 San Diego, CA 92121 R:\1745\&Map\Easements\Private TCE\EX Manderscheid Acquisition Exhibit SHT O1.dwg w.o. 2591-0015 EXHIBIT B -MAP SHEET 2 OF 3 SHEETS TEMPORARY CONSTRUCTION EASEMENT I I I v � a� I y � o I � � r d N I Ln 33'- I 35' I HUNSAKER & ASSOCIATES SAN DIEGO, INC. 9707 Waples Street (858)558-4500 San Diego, CA 92121 SEE SHEET 1 N51'zs'3�"EM ��No65541 W �4 504'19 0 20 40 60 SCALE 1" =20' 1 FAIJ 12549 N83 �04'1911E 7.50 19"E Np 035141 W S� VALDEz AVENUE FRA)k 12549. ' DEDICATED PER PARCEL MAP w R.\1745\&Map\Easements\Private TCE\EX Manderscheid Acquisition Exhibit SHT 02.dwg EXHIBIT B -MAP TEMPORARY CONSTRUCTION EASEMENT i y i HUNSAKER ` & ASSOCIATES SAN DIEGO, INC. 9707 Waples Street (858)558-4500 San Diego, CA 92121 I I DETAIL "A" NO SCALE SHEET 3 OF 3 I N06056'16'W 1.92' I N63003'440E 1.56' I N06021'48"W 3.54' I N83051'46"E 1.50' PM 12 54 9 N09'52'58"W 2.73' I N81 '21'260E I I 2, 02' I IN78650'04"E R I DETAIL "B" NO SCALE R.\1745\&Map\Easements\Private TCE\EX Manderscheid Acquisition Exhibit SHT 03.dwg EXHIBIT 3 EXHIBIT A— LEGAL DESCRIPTION PERMANENT STREET EASEMENT A PORTION OF PARCEL 2 OF PARCEL MAP 12549 RANCHO CALIFORNIA ROAD THE NORTHERLY 6.00 FEET OF PARCEL 2 OF PARCEL MAP 12549, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, PER MAP FILED IN BOOK 74 OF PARCEL MAPS, PAGES 84 THROUGH 89, INCLUSIVE, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 1,016 SQUARE FEET (0.023 ACRES), MORE OR LESS. JIMMY J. ELMORE P.L.S. 8483 HUNSAKER & ASSOCIATES SAN DIEGO, INC. LAND SUR �w ] E4M 1- L.S. 8483 OF PAGE 1 OF 1 M:\2591\15\Legal Descriptions\A03 PCL 02 ROW SPX INVESTMENT LLC.docx EXHIBIT 3 LEGEND F77 EXHIBIT B —MAP PERMANENT STREET EASEMENT AREA OF RIGHT OF WAY DEDICATION ARE4=1,016 SQ. FT. (0.023 ACRES), MORE OR LESS. SEWER EASEMENT TO EASTERN MUNICIPAL WATER DISTRICT PER INST. NO, 53382 REC. 412611973, O.R. 0 DRAINAGE EASEMENT OFFERED TO THE COUNTY OF B RIVERSIDE AND REJECTED PER PM 12549. 0 UTILITY EASEMENT RESERVED BY KACOR REALTY, INC., PER INST. NO, 25891 REC. 21711980, O.R. SITE RIDGE PARK DRIVE MAINTENANCE EASEMENT PER INST. NO.83463 REC. WNCENT MORAGA DRIVE D 412311984, O.R. VICINITY MAP QEASEMENT FOR CONSTRUCTION AND MAINTENANCE NOT TO SCALE E RESERVED BY KAISER DEVELOPMENT COMPANY PER INST. NO. 85-87772 REC. 412611985, O.R. THE LOCATION OF THE EASEMENT FOR TELEPHONE POLES, ANCHORS, AND INCIDENTAL PURPOSES TO PACIFIC TELEPHONE AND TELEGRAPH COMPANY REC. 912111917 IN BOOK 470 OF DEEDS, PAGE 14 CANNOT BE DETERMINED FROM RECORD INFORMATION AND IS NOT PLOTTED HEREON. NI A RpAD r _ CAS,,IF0 - / g�N Cep , � 1 f� 2 PM 1254J 0 50 100 150 SCALE 1 " = 50' BEARINGS ARE BASED ON THE CALIFORNIA STATE PLANE COORDINATE SYSTEM (CCS83), ZONE 6, (EPOCH 2O10.0000), BASED LOCALLY ON N.G.S. CORS �p LAND SG STATIONS "BILL" AND "P474" DISTANCES DERIVED FROM THE COORDINATE SYSTEM HEREIN ARE GROUND DISTANCES, AS THE COORDINATES HAVE BEEN SCALED TO GROUND VALUES. COMBINED SCALE FACTOR IS 0.9999059859 ; L.S.8483 HUNSAKER & ASSOCIATES __��_�__A*e S A N D I E G 0, INC. IMMY J. ELMORE DATE rfi OE cp,%- � 9707WaplesStreet (858)558-4500 P.L.S. NO. 8483 San Diego, CA 92121 R:\ 1745\&Map\Easements\Offsite ROW\EX SPX Acquisition Exhibit,dwg mo. 2591-0015 EXHIBIT 3 .EXHIBIT 4 EXHIBIT A— LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT A PORTION OF PARCEL 2 OF PARCEL MAP 12549 BEING A PORTION OF PARCEL 2 OF PARCEL MAP 12549, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 74 PAGES 84 THROUGH 89, INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID PARCEL 2; THENCE ALONG THE WESTERLY LINE THEREOF SOUTH 06056'59" EAST (NORTH 06056'07" WEST PER SAID PARCEL MAP 12549) 6.07 FEET TO THE TRUE POINT OF BEGINNING; SAID POINT BEING THE BEGINNING OF A NON -TANGENT 1505.00 FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 15027'47" EAST; THENCE LEAVING SAID WESTERLY LINE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 06027'59" A DISTANCE OF 169.86 FEET TO THE EASTERLY LINE OF SAID PARCEL 2; THENCE ALONG SAID EASTERLY LINE, SOUTH 17105'56" EAST, 2.47 FEET; THENCE LEAVING SAID EASTERLY LINE, SOUTH 681146'28" WEST, 53.07 FEET; THENCE SOUTH 70033'06" WEST, 38.26 FEET; THENCE SOUTH 73003'55" WEST, 43.60 FEET; THENCE SOUTH 74010'06" WEST, 35.35 FEET TO THE WESTERLY LINE OF SAID PARCEL 2; THENCE ALONG SAID WESTERLY LINE, NORTH 06056'59" WEST, 2.26 FEET TO THE TRUE POINT OF BEGINNING. THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 427 SQUARE FEET (0.010 ACRES), MORE SS. l �-9-2023 JIMMY J. ELMORE P.L.S. 8483 HUNSAKER & ASSOCIATES SAN DIEGO, INC. LAND sUR v � ^tip ern A L.S. 8483 y.►� eA vF CA%, PAGE 1 OF 1 M:\2591\15\Legal Descriptions\Private TCE\A03 PCL 02 TCE SPX INVESTMENT LLC.docx EXHIBIT B -MAP TEMPORARY CONSTRUCTION EASEMENT LEGEND AREA OF TEMPORARY CONSTRUCTION EASEMENT AREA= 427 SQ. FT. (0.010 ACRES), MORE OR LESS. P.O.C. POINT OF COMMENCEMENT T.P.O.B. TRUE POINT OF BEGINNING INDICATES RECORD INFORMATION PER PM 12549. lll�Q1 N "' SITE► RIDGE PARK h DRIVE FELIX VINCENT MORAGA DRIVE AVE EZ VICINITY MAP NOT TO SCALE A READ / vloopl / Ko CAL , o ` 3450^,5Rp106"E � o IN7 0,� I �UD I `"N I �a w 41 aL'i Li, 2m PM 1254 J 61 S 466 1 3 �O 0 50 100 150 SCALE 1" =50' BASIS OF BEARINGS BEARINGS ARE BASED ON THE CALIFORNIA STATE PLANE COORDINATE SYSTEM �p i AND SU (CCS83), ZONE 6, (EPOCH 2O10.0000), BASED LOCALLY ON N.G.S. CORS `y5 E RL STATIONS "BILL" AND "P474" DISTANCES DERIVED FROM THE COORDINATE SYSTEM HEREIN ARE GROUND DISTANCES, AS THE COORDINATES HAVE BEEN SCALED TO GROUND VALUES. COMBINED SCALE FACTOR IS 0.9999059859 L.S.8483 HUNSAKER �, A & ASSOCIATES _ I j =C3 -ZO ?n S A N D I E G 0, INC. JIMMY J. ELMORE DATE TF of cp,JF 9707 Waples Street (858)558-4500 P.L.S. NO. 8483 San Diego, CA 92121 R:\ 1745\&Map\Easements\Private TCE\EX SPX Acquisition Exhibit.dwg w.o. 2591-0015 1 *41,41 1-1-opim EXHIBIT A- LEGAL DESCRIPTION PERMANENT STREET EASEMENT A PORTION OF PARCEL 16 OF PARCEL MAP 12549 VINCENT MORAGA DRIVE BEING A PORTION OF PARCEL 16 OF PARCEL MAP 12549, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 74 PAGES 84 THROUGH 89, INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL 16; THENCE ALONG THE WESTERLY LINE THEREOF NORTH 07056'07" WEST (NORTH 07°56'33" WEST PER SAID PARCEL MAP 12549), 511.05 FEET TO A POINT IN A NON -TANGENT 47.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 36-03-58" EAST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 08046'11" A DISTANCE OF 7.19 FEET; THENCE LEAVING SAID WESTERLY LINE SOUTH 08147'21" EAST, 246.03 FEET TO THE BEGINNING OF A 4045.00 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 01051'40" A DISTANCE OF 131.39 FEET; THENCE SOUTH 061155'41" EAST, 138.56 FEET TO THE BEGINNING OF A 189.00 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 00010'32" A DISTANCE OF 0.58 FEET TO THE SOUTHERLY LINE OF SAID PARCEL 16; THENCE ALONG SAID SOUTHERLY LINE NORTH 85017'32" WEST, 7.28 FEET TO THE POINT OF BEGINNING. THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 4,395 SQUARE FEET (0.101 ACRES), MORE OR LESS. JIMMY J. ELMORE r_ze-zoz3 P. L.S. 8483 HUNSAKER & ASSOCIATES SAN DIEGO, INC. LAND SCR 0 L.S.8483 OF CALZFO4 PAGE 1 OF 1 M:\2591\15\Legal Descriptions\A04 PCL 11,16 ROW KORNLAND BUILDING.docx EXHIBIT 5 LEGEND EXHIBIT B -MAP PERMANENT STREET EASEMENT SHEET 1 OF 1 LAAREA OF RIGHT OF WAY DEDICATION AREA=4,395 SQ. FT. (0.101 ACRES), MORE OR LESS. A I.O.D. FOR ROAD PURPOSES REC. 21511996 PER FILE CURVE TABLE # DELTA RADIUS LENGTH C1 1 00010'32" 189.00' 0.58' y NO. 1996-041638, O.R. y BB A' UTILITY EASEMENT RESERVED BY KACOR REALTY, INC., I � I rya PER INST. NO. 25891 REC. 21711980, O.R. 1 ��''6,1 0 1 1 DRAINAGE EASEMENT DEDICATED PER PARCEL MAP NO. aa? J - csr � C 12549, 1 ' - yV �`-15, AD UTILITY EASEMENT RESERVED PER INST. NO. 1984-2655981 \ a B REC. 1211211984, O.R. AEASEMENT FOR SEWER FACILITIES TO EASTERN MUNICIPAL I WATER DISTRICT PER INST. NO. 1990-05636 REC. / I DI 0110511990, O.R. I I II a AEASEMENT FOR LANDSCAPE MAINTENANCE TO EASTERN II 4 F MUNICIPAL WATER DISTRICT PER INST. NO. 1991-198529 I I , 4 REC. 0611311991, O.R. �. OEASEMENT FOR SEWER FACILITIES TO EASTERN MUNICIPAL II G WATER DISTRICT PER INST. NO.2018-70929 REC. rn 0212612018, O.R. II o 16 � 39` P.O.B. POINT OF BEGINNING 71 I j -�A LAa PM 12549 w� INDICATES RECORD INFORMATION PER PM 12549. f� I � THE EASEMENT FOR TELEPHONE POLES, ANCHORS, AND INCIDENTAL PURPOSES TO PACIFIC TELEPHONE AND TELEGRAPH COMPANY REC. 912111917 IN BOOK 470 OF DEEDS, PAGE 14 CANNOT BE I o b w �, DETERMINED FROM RECORD INFORMATION AND IS NOT PLOTTED HEREON. I I oL"- O I 10mac BASIS OF BEAR1Nt�S � j I � BEARINGS ARE BASED ON THE CALIFORNIA STATE PLANE COORDINATE I r- SYSTEM (CCS83), ZONE 6, (EPOCH 2O10.0000), BASED LOCALLY ON 1 N.G.S. CORS STATIONS "BILL" AND "P474" DISTANCES DERIVED FROM N06°55'41low THE COORDINATE SYSTEM HEREIN ARE GROUND DISTANCES, AS THE I` ` 138,56' COORDINATES HAVE BEEN SCALED TO GROUND VALUES. COMBINED ►� I I 1 E SCALE FACTOR IS 0.9999059859 I C VICINITY MAP 39' .... IPA F �- NOT TO SCALE — — B� o N85°17'32"W 7,28• G N ����,, • 0 )100 II 200 e 300 SITE RANCHO SCALE 1" =100' D LAND SO. DRIVE RIDGE PARK � !X FE!OLD C}k'���`� Lfi� VINCENT MORAGA AVE EZ ECu _;� DRIVE j HUNSAKER L.S.8483 5 s,. 1 & ASSOCIATES S A N D I E G 0, INC. -- J. ELMORE -^^ - -- DATE - 9rF j'i 9707 Waples Street (858)558-4500 P.L.S. NO. 8483 OF cp, San Diego, CA 92121 R:\ 1745\&Map\Easements\Offsite ROW\EX Komland Acquisition Exhibit.dwg EXHIBIT 5 EXHIBIT A- LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT A PORTION OF PARCEL 16 OF PARCEL MAP 12549 BEING A PORTION OF PARCEL 16 OF PARCEL MAP 12549, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 74 PAGES 84 THROUGH 89, INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID PARCEL 16; THENCE ALONG THE SOUTHERLY LINE THEREOF, SOUTH 85°17'32" EAST ( NORTH 85°16'07" WEST PER SAID PARCEL MAP 12549), 7.28 FEET TO THE TRUE POINT OF BEGINNING; SAID POINT BEING THE BEGINNING OF A 189.00 FOOT NON -TANGENT RADIUS CURVE CONCAVE WESTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 83014'51" EAST; THENCE LEAVING SAID SOUTHERLY LINE AND NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 00010'32" A DISTANCE OF 0.58 FEET; THENCE NORTH 06155'41" WEST 138.56 FEET TO THE BEGINNING OF A 4045.00 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 01051'40" A DISTANCE OF 131.39 FEET; THENCE NORTH 08147'06" WEST, 246.04 FEET TO A POINT IN VINCENT MORAGA DRIVE AS DEDICATED PER SAID PARCEL MAP; SAID POINT BEING THE BEGINNING OF A 47.00 FOOT NON -TANGENT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 44051'50" EAST; THENCE NORTHERLY ALONG SAID VINCENT MORAGA DRIVE AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 52009'19" A DISTANCE OF 42.78 FEET TO A POINT IN THE NORTHERLY LINE OF SAID PARCEL 16; THENCE ALONG SAID NORTHERLY LINE NORTH 82058'51" EAST, 28.00 FEET TO A POINT IN A 75.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 56043'28" A DISTANCE OF 74.25 FEET; THENCE SOUTH 06030'42" EAST, 9.43 FEET; THENCE SOUTH 07014'12" EAST, 63.03 FEET; THENCE SOUTH 09057'17" EAST, 4.97 FEET; THENCE SOUTH 06039'12" EAST, 17.18 FEET; THENCE SOUTH 07004'31" EAST, 32.80 FEET; THENCE SOUTH 07142'22" EAST, 27.52 FEET; THENCE 'SOUTH 07019'49" EAST, 22.20 FEET; THENCE NORTH 81012'54" EAST, 17.81 FEET; THENCE SOUTH 07020'08" EAST, 137.32 FEET; THENCE NORTH 83104'19" EAST, 5.84 FEET; THENCE SOUTH 06058'02" EAST, 74.40 FEET; THENCE SOUTH 83104'19" WEST, 15.69 FEET; THENCE SOUTH 06055'41" EAST, 87.59 FEET TO THE SOUTHERLY LINE OF SAID PARCEL 16; THENCE ALONG SAID SOUTHERLY LINE NORTH 85017-32" WEST, 12.66 FEET TO THE TRUE POINT OF BEGINNING. PAGE 1 OF 2 M:\2591\15\Legal Descriptions\Private TCE\A04 PCL TCE 11,16 KORN LAND BUILDING.docx THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 9,799 SQUARE FEET (0.225 ACRES), MORE OR LESS. JIMMY J. ELMORE P.L.S. 8483 HUNSAKER & ASSOCIATES SAN DIEGO, INC. PAGE 2OF2 LAND SG� 0 L.S. 1 S� T r9T� OF CALZFQ� M:\2591\15\Legal Descriptions\Private TCE\A04 PCL TCE 11,16 KORNLAND BUILDING.docx EXHIBIT B -MAP TEMPORARY CONSTRUCTION EASEMENT LEGEND AREA OF TEMPORARY CONSTRUCTION EASEMENT SEE SHEET 2 AREA = '9, 799 SQ. FT. (0.225 ACRES), MORE OR LESS. , , x A P.O.C. POINT OF COMMENCEMENT T.P.O.B. TRUE POINT OF BEGINNING INDICATES RECORD INFORMATION PER PM 12549. a4SIS OF BFARIl�GS I 4p// \ �1./ 1C� a / cn BEARINGS ARE BASED ON THE CALIFORNIA STATE PLANE UN • COORDINATE SYSTEM (CCS83), ZONE 6, (EPOCH 2010.0000), BASED LOCALLY ON N.G.S. CORS STATIONS "BILL" AND "P474" DISTANCES DERIVED FROM THE o \ COORDINATE SYSTEM HEREIN ARE GROUND DISTANCES, AS I I THE COORDINATES HAVE BEEN SCALED TO GROUND VALUES. COMBINED SCALE FACTOR IS 0.9999059859 I � I � i VICINITY MAP NOT TO SCALE o SITE RIDGE PARK DRIVE VINCENT MO GA DRIVE ALDEZ 0 40 80 120 SCALE 1 " = 40' 0 cn I v a I C 7.28' T.P.O.B.' SHEET 1 OF 3 N83-a4' 19"E16 5.84 s N5 6.94'19'E I —SEE DETAIL 'A" SHEET 3 N85017'32"W 130.25' (N85°16'07"W 130.00)^ V.AND SUR HUNSAKER L.S.8483 & ASSOCIATES _ __ 9707 Waple Street D I(85G O, 4 0o �JFIMMrJ.ELMORE`—�Y--Y---Y— DATE T 9TF DP CA-1F�4 San Diego, CA92121 P.L.S. N0. 8483 R.\1745\&Mop\Easements\Private TCE\EX Kornland Acquisition Exhibit SHT 01.dwg EXHIBIT B -MAP SHEET 2 OF 3 TEMPORARY CONSTRUCTION EASEMENT IEXISTING R.ON 1 a= R�4 01 I L N44051'50"W(R) �__.T. N m '7 I n C7 A I 70 IC>M N o o N ? � CT � rn N I N I I \ I-� l� t 0 ' Im l� I I I I it Z71 l at W 0 40 80 120 gplSCALE 1 " = 40' HUNSAKER & ASSOCIATES SAN DIEGO, INC. 9707 Waples Street (858)558-4500 San Diego, CA 92121 N82'58'51 E(R) 28.00' — — — N'LY LINE PARCEL 16 06'30'42"W 9.43' 16 PM 12549 7171W 4.97' 39' 12"W 17.18' N07'04'31 "W 32.80' N07042'22"W 27.52' ND7'26'07"W 12.36' N06.5115311W 5.19' .N07'19'49"W 2 8�', r N81'12 54 E r SEE SHEET 1 R.\1745\&Mop\E'asements\Private TCE\EX Kornland Acquisition Exhibit SHT 02.dwg EXHIBIT B -MAP SHEET 3 OF 3 TEMPORARY CONSTRUCTION EASEMENT i I I I � � I I o 7i C Z I 16 I �I I Cn ° I I o C31 ,0 I I IqLn p--- 28 12.66' I S. WO OR.° J N85°17'32"W 130.25' PARCEL 16 ° �, 5"E(R), (N85° 16'07"W 130.00') i I I L- --- -- J DETAIL "A" NO SCALE HUNSAKER ` & ASSOCIATES SAN DIEGO, INC. 9707 Waples Street (858)558-4500 San Diego, CA 92121 R.\ 1745\&Map\Easements\Pr9vate TCE\EX Kornland Acquisition Exhibit SHT 03.dwg EXHIBIT 7 EXHIBIT A- LEGAL DESCRIPTION PERMANENT STREET EASEMENT A PORTION OF PARCEL 3 OF PARCEL MAP 12549 RANCHO CALIFORNIA ROAD BEING A PORTION OF PARCEL 3 OF PARCEL MAP 12549, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 74, PAGES 84 THROUGH 89 INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL 3, BEING THE BEGINNING OF A 1499.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 21 °56'56" EAST (SOUTH 21 °56'27" EAST PER SAID PARCEL MAP 12549); THENCE NORTHEASTERLY ALONG THE NORTHERLY LINE OF SAID PARCEL 3 AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 02033'37" A DISTANCE OF 66.99 FEET; THENCE SOUTH 18°26'55" WEST, 4.40 FEET; THENCE NORTH 71 °33'05" EAST, 14.79 FEET TO A 1505.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, LYING 6.00 FEET SOUTHEASTERLY OF AND CONCENTRIC WITH THE HEREINABOVE DESCRIBED 1499.00 FOOT RADIUS CURVE, A RADIAL LINE TO SAID POINT BEARS SOUTH 25°03'05" EAST; THENCE LEAVING SAID NORTHERLY LINE OF PARCEL 3 ALONG SAID CONCENTRIC CURVE THROUGH A CENTRAL ANGLE OF 03007'19" A DISTANCE OF 82.01 FEET TO THE WESTERLY LINE OF SAID PARCEL 3; THENCE ALONG SAID WESTERLY LINE NORTH 17°05'56" WEST, 6.02 FEET TO THE POINT OF BEGINNING. THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 414 SQUARE FEET (0.010 ACRES), MORE OR LESS. 9-zz-2v23 JIMMY J. ELMORE P.L.S. 8483 HUNSAKER & ASSOCIATES SAN DIEGO, INC. /p SAND 5�R ] ►t L.S.8483 9�F OF CA4ZF0� PAGE 1 OF 1 MA2591 \1 5\Legal Descriptions\A07 PCL 3 ROW FIRST & CENTER LLC.docx EXHIBIT 7 LEGEND EXHIBIT B —MAP PERMANENT STREET EASEMENT AREA OF RIGHT OF WAY DEDICATION AREA =414 S4. FT. (0.010 ACRES), MORE OR LESS. AA SEWER EASEMENT TO EASTERN MUNICIPAL WATER DISTRICT PER INST. NO. 53382 REC. 412611973, O.R. QB UTILITY EASEMENT RESERVED BY KACOR 'REALTY, INC., PER INST. NO. 25891 REC. 21711980, O.R. Q MAINTENANCE EASEMENT PER INST. NO. 83463 REC. 412311984, O.R.EASEMENT MAINTENANCE T D RANCHOCONSTRUC CALIFORNIA I AND Cjp ❑ �v ��Tv p ka QINDUSTRIAL PARK ASSOCIATION PER �,AZ� LV � INST. NO, 91996 REC. 51211984, O.R.I �, r 9 EASEMENT FOR ELECTRIC FACILITIES TO ��y ° 1 3'4511E QSOUTHERN CALIFORNIA EDISON I C ' �� 11 a ID0 R COMPANY PER INST NO. 316206 REC W . �3"I° 6'- [� 1211111986, D.R. (N2i °5s'27"W(R)} �'- _�2° 3 �o �•a3 a� --� N21'56W'S6"Rjj P.Q.B. POINT OF BEGINNING P.Q.e. INDICATES RECORD INFORMATION PER NW COR. PM 12549. I PARCEL 3 �8'�OA C D VICINITY MAP 2' x- a NOT TO SCALE a to lT E � o�° I � 0 40 80 120 I u�a DETAIL L _ SCALE 1 40'RIDGE LD DRIVE PARK Tqqi9N � n FELIX kf ECU Yr o Y VINCENT MORAGA AVEVALDF7 a rV DRIVE �i� Y THE LOCATION OF THE EASEMENT FOR TELEPHONE POLES, C� C ❑ ANCHORS, AND INCIDENTAL PURPOSES TO PACIFIC , f TELEPHONE AND TELEGRAPH COMPANY REC. 912111917 IN 8 I f� BOOK 470 OF DEEDS, PAGE 14 CANNOT BE DETERMINED FROM RECORD INFORMATION AND IS NOT PLOTTED HEREON. L , C` WIS of BRRINGS SEE DETAIL BEARINGS ARE BASED ON THE CALIFORNIA STATE PLANE COORDINATE \ , SYSTEM (CCS83), ZONE 6, (EPOCH 2O10.0000), BASED LOCALLY ON \ 3 \ N.G.S. CORS STATIONS "BILL" AND "P474" DISTANCES DERIVED FROM \ \ THE COORDINATE SYSTEM HEREIN ARE GROUND DISTANCES, AS THE PAIJ 12549 COORDINATES HAVE BEEN SCALED TO GROUND VALUES. COMBINED \ \ SCALE FACTOR IS 0.9999059859 ` �rGD LAND S{�R \ / ECM L� 9-2�-2023 AM Y EL ORE, P.L.S. WE 8483\ DATE A L.S. 8483 HUNSAKER & ASSOCIATES vALDEZ ` o SAN DIEGO, INC .� UE E 2 DF Cp,%- San Diego,es Street CA 92121 (858)558 4500 ApEN \ \ a 1\,16 R. \ 1745\&Map \Easements\ Offsite ROW\EX First & Center Acquisition Exhibit.dwg w.o. 2591-0015 EXHIBIT 7 EXHIBIT 8 EXHIBIT A- LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT A PORTION OF PARCEL 3 OF PARCEL MAP 12549 BEING A PORTION OF PARCEL 3 OF PARCEL MAP 12549, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 74, PAGES 84 THROUGH 89 INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID PARCEL 3, THENCE ALONG THE WESTERLY LINE THEREOF; SOUTH 17°05'56" EAST, 6.02 FEET, TO THE TRUE POINT OF BEGINNING; SAID POINT BEING THE BEGINNING OF A NON -TANGENT 1505.00 FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 21°55'46" EAST; THENCE LEAVING SAID WESTERLY LINE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 03007'19" A DISTANCE OF 82.01 FEET; THENCE NORTH 71 °33'05" EAST, 11.50 FEET; THENCE SOUTH 18026'55" EAST, 5.83 FEET; THENCE SOUTH 69°12'30" WEST, 33.52; THENCE SOUTH 69013'15" WEST, 53.19 FEET; THENCE SOUTH 68°46'28" WEST, 6.61 FEET TO THE WESTERLY LINE OF SAID PARCEL 3, THENCE ALONG SAID WESTERLY LINE NORTH 17005'56" WEST, 2.47 FEET TO THE TRUE POINT OF BEGINNING. THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 396 SQUARE FEET (0.009 ACRES), MORE OR LESS. JIMMY J. ELMORE P.L.S. 8483 HUNSAKER & ASSOCIATES SAN DIEGO, INC. PAGE 1 OF 1 LANDI. SUR D L.S.8483 %P �,yQ 9�F OF CA\ W2591 \1 5\Legal Descriptions\Private TCE\A07 PCL 3 TCE FIRST & CENTER LLC.docx EXHIBIT B -MAP TEMPORARY CONSTRUCTION EASEMENT LEGEND ® AREA OF TEMPORARY CONSTRUCTION EASEMENT AREA — 396 SQ. FT. (0.009 ACRES), MORE OR LESS. P.O.C. POINT OF COMMENCEMENT r,P,Q.B. TRUE POINT OF BEGINNING VICINITY MAP NOT TO SCALE Q N ITE RpnrcNo RIDGE PARK { DRIVE FEt1X I VINCENT MORAGA ALDEZ V AVE DRIVE a IRA A 'I O _ � N�155S 05 C 11• ,� N21°55'46"WLR �.P OQ3 01'19� P.O.C. 0 K�9 INW COR. PARCEL 3 S15"E A. �t6 2 ao 0. 1 0 40 ' 80 120 -- SCALE 1"=40---_ F01i BASIS OF BF�RINt;S \ SEE BEARINGS ARE BASED ON THE CALIFORNIA STATE PLANE COORDINATE SYSTEM (CCS83), ZONE 6, (EPOCH 2O10.0000), BASED LOCALLY ON N.G.S. CORS STATIONS "BILL" AND "P474" DISTANCES DERIVED FROM THE COORDINATE SYSTEM HEREIN ARE GROUND DISTANCES, AS THE 2 f M f 2: COORDINATES HAVE BEEN SCALED TO GROUND VALUES. COMBINED \ SCALE FACTOR IS 0.9999059859 �p LAND 5UL7�5 I / - -3 — \ .,ti��'�, P JI LMORE, P.L.S. NO. 8483 DATE A. C_ MR3 J. HUNSAKER & ASSOCIATES SAN DIEGO, INC. 9707 Waples Street (858)558-4500 San Diego, CA 92121 FELIX VALD bzj 3 PM 12549 DETAIL DETAIL ' 1 �rj 9 1 1 0 \ E R. \ 1745\&Map\Easements\Private TCE\EX Flrst & Center Acquisition ExhibiLdwg w.o. 2591-0015 EXHIBIT 9 EXHIBIT A- LEGAL DESCRIPTION PERMANENT STREET EASEMENT A PORTION OF PARCELS 17, 18, AND 19 OF PARCEL MAP 12549 VINCENT MORAGA DRIVE BEING A PORTION OF PARCELS 17, 18, AND 19 OF PARCEL MAP 12549, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 74 PAGES 84 THROUGH 89, INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID PARCELS BEING PURSUANT TO CERTIFICATE OF PARCEL MERGER NO. PA95-0032 RECORDED JUNE 30, 1995 AS INSTRUMENT NO. 1995-213082 OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID PARCEL 19; THENCE ALONG THE NORTHERLY LINE THEREOF SOUTH 83004'19" WEST (SOUTH 83°03'53" WEST PER SAID PARCEL MAP 12549), 6.00 FEET TO A POINT ON THE WESTERLY SIDELINE OF THAT CERTAIN OFFER OF DEDICATION FOR ROAD PURPOSES RECORDED FEBRUARY 5, 1996 AS FILE NO. 1996-041638 OF OFFICIAL RECORDS, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE ALONG SAID WESTERLY SIDELINE SOUTH 06055'41" EAST, 222.93 FEET TO A POINT IN THE EASTERLY LINE OF SAID PARCEL 18; THENCE LEAVING SAID WESTERLY SIDELINE ALONG SAID EASTERLY LINE SOUTH 05021'13" WEST, 32.55 FEET TO THE BEGINNING OF A 47.00 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 46012,17" A DISTANCE OF 37.90 FEET TO A POINT ON THE WESTERLY SIDELINE OF SAID OFFER OF DEDICATION; THENCE LEAVING SAID EASTERLY LINE ALONG SAID WESTERLY SIDELINE SOUTH 06055'41" EAST, 262.10 FEET; THENCE LEAVING SAID WESTERLY SIDELINE NORTH 08047'21" WEST, 334.83 FEET TO THE BEGINNING OF A 4031.00 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 01051'40" A DISTANCE OF 130.93 FEET TO A LINE LYING 13.00 FEET WESTERLY OF AND PARALLEL WITH SAID WESTERLY SIDELINE; THENCE ALONG SAID PARALLEL LINE NORTH 06055'41" WEST, 87.50 FEET TO THE NORTHERLY LINE OF SAID PAGE 1 OF 2 MA2591\15\Legal DescriptionsW01 PCL 17-19 ROW WESTCORE GEMINI VM, LLC.docx EXI=IIBIT 9 PARCEL 19; THENCE ALONG SAID NORTHERLY LINE NORTH 83104'19" EAST, 13.00 FEET TO THE TRUE POINT OF BEGINNING. THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 4,237 SQUARE FEET (0.097 ACRES), MORE OR LESS. -Zs-Zo2 JIMMY J. ELMORE P.L.S. 8483 HUNSAKER & ASSOCIATES SAN DIEGO, INC. �0 \.AND L.S.8483 OF CALZ PAGE 2OF2 M:\2591\15\Legal Descriptions\A01 PCL 17-19 ROW WESTCORE GEMINI VM, LLC.docx EXHIBIT 9 EXHIBIT B -MAP PERMANENT STREET EASEMENT VICINITY MAP NOT TO SCALE N � Q SITE RIDGE PARK ` 0 DRIVE FELIXE�Ct1 VINCENT MORAGA AVE EZ DRIVE LEGEND ®AREA OF RIGHT OF WAY DEDICATION AREA=4,237 SQ. FT. (0.097 ACRES), MORE OR LESS. EASEMENT FOR DRAINAGE PURPOSES PER PARCEL MAP NO. 12549 RECORDED A IN BOOK 74 PAGES 84 THROUGH 89 OF PARCEL MAPS, QUTILITY EASEMENT RESERVED BY KACOR REALTY, INC., PER INST. NO, 25891 B REC. 21711980, O.R. QROAD AND UTILITY EASEMENT RESERVED BY JOHN ANDERS SVENNINGSEN PER A INST. NO. 186850 REC. 812711984, O.R. Q EASEMENT FOR PIPELINES AND INCIDENTAL PURPOSES TO RANCHO CALIFORNIA WATER DISTRICT PER INST. NO, 1995-328433 REC. 101211995, O.R. Q EASEMENT FOR PIPELINES AND INCIDENTAL PURPOSES TO RANCHO CALIFORNIA WATER DISTRICT PER INST. NO. 1996-005830 REC. 11811996, O.R. QI.O.D. FOR ROAD PURPOSES REC. 2/5/1996 PER FILE NO. 1996-041638, F O.R. P.O.C. POINT OF COMMENCEMENT T.P.O.B. TRUE POINT OF BEGINNING INDICATES RECORD INFORMATION PER PM 12549. THE ACCESS EASEMENT GRANTED TO LARRY STRASBAUGH PER INST. NO. 2004-0059048 REC. 112712004, O.R, CANNOT BE DETERMINED FROM RECORD INFORMATION AND IS NOT PLOTTED HEREON.. IS OF BEARINGS SHEET 1 OF 2 BEARINGS ARE BASED ON THE CALIFORNIA STATE PLANE COORDINATE SYSTEM (CCS83), ZONE 6, (EPOCH 2O10.0000), BASED LOCALLY ON LAND N.G.S. CORS STATIONS BILL AND P474 DISTANCES DERIVED FROM THE COORDINATE SYSTEM HEREIN ARE GROUND DISTANCES, AS THE W ,� 3. 64 �Lfi COORDINATES HAVE BEEN SCALED TO GROUND VALUES. COMBINED SCALE ��` 0. P FACTOR IS 0.9999059859 L.S.8483 HUNSAKER & ASSOCIATES JI Y J. ELMOREDATE OF CA.L.ZF�4- S A N D I E G 0, INC. P.L.S. NO. 8483 9707 Waples Street (858)558-4500 San Diego, CA 92121 R., \ 1745 \&Map \Easements\ Offsite ROW\EX Westcore Acquisition Exhibit SHT 01.dwg w.o. 2591-0015 EXHIBIT B -MAP SHEET 2 OF 2 PERMANENT STREET EASEMENT I L N. E. COR. P * 19 I I I14 of r.P1o.e. In �----- VE Q°' 1� E2 A . ,� FELL _ � 83°4p4 L00._ — _ 1 , l _ VALD - E \ I 39' I u I I \ I � � I \ 19 � II ►'A i 3' I t w s� \ I N 32.55' I — 1 r PARCEL A* n � ��3�.� as rah' rl�l r, rF- or ,5 '� �[! i PARCEL MERGER z/ I l\lJ. F��1 J5—JO� �y 37 1995-2130 82 w Icn 1Q I� l� \ 17 I PM 1254 9 I PM 74184 — 89 I l A HUNSAKER & ASSOCIATES SAN DIEGO, INC. 9707 Waples Street (858)558-4500 San Diego, CA 92121 lk 100 200 300 1- SCALE 1 " =100' 1F) RIDGE PARK DR. RA 1745\&Map\Easements\Offsite R0W\EX Westcore Acquisition Exhibit SHT 02.dwg w.o. 2591-0015 T V1rTT77TT a EXHIBIT 10 EXHIBIT A- LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT A PORTION OF PARCELS 17, 18, AND 19 OF PARCEL MAP 12549 BEING A PORTION OF PARCELS 17, 18, AND 19 OF PARCEL MAP 12549, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 74 PAGES 84 THROUGH 89, INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID PARCELS BEING PURSUANT TO CERTIFICATE OF PARCEL MERGER NO. PA95-0032 RECORDED JUNE 30, 1995 AS INSTRUMENT NO. 1995-213082 OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID PARCEL 19; THENCE ALONG THE NORTHERLY LINE THEREOF, SOUTH 83-04-19" WEST (SOUTH 83°03'53" WEST PER SAID PARCEL MAP 12549),19.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID NORTHERLY LINE SOUTH 06055'41" EAST, 87.50 FEET TO THE BEGINNING OF A 4031.00 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 01051'40" A DISTANCE OF 130.93 FEET; THENCE SOUTH 08147'21" EAST, 334.83 FEET; THENCE SOUTH 06155'41" EAST, 249.10 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID PARCEL 17; THENCE ALONG SAID SOUTHERLY LINE, NORTH 85017'32" WEST, 5.10 FEET; THENCE LEAVING SAID SOUTHERLY LINE, NORTH 06055'41" WEST, 247.99 FEET; THENCE NORTH 08047'21" WEST, 39.20 FEET; THENCE SOUTH 82102'41" WEST, 14.98 FEET; THENCE NORTH 08148'36" WEST, 47.76 FEET; THENCE SOUTH 81112'39" WEST, 6.99 FEET; THENCE NORTH 08147'35" WEST, 69.76 FEET; THENCE NORTH 81012'39" EAST, 12.20 FEET: THENCE NORTH 07100'22" WEST, 123.40 FEET; THENCE SOUTH 82158'12" WEST, 8.86 FEET: THENCE NORTH 06156'55" WEST, 29.96 FEET; THENCE NORTH 39146'39" EAST, 14.84 FEET; THENCE NORTH 50113'21" WEST, 3.44 FEET; THENCE NORTH 08147'21" WEST, 11.85 FEET TO THE BEGINNING OF A 4041.00 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 00044'24" A DISTANCE OF 52.19 FEET; THENCE SOUTH 83°57'36" WEST, 32.62 FEET; THENCE NORTH 07003'24" WEST, 105.92 FEET; THENCE SOUTH 83001'00" WEST, 34.64 FEET; THENCE NORTH 07007'37" WEST, 60.17 PAGE 1 OF 2 MA\2591\15\Legal Descriptions\Private TCE\A01 PCL 17-19 TCE WESTCORE GEMINI VM, LLC.docx FEET TO THE NORTHERLY LINE OF SAID PARCEL 19; THENCE ALONG SAID NORTHERLY LINE NORTH 83004'19" EAST, 76.93 FEET TO THE TRUE POINT OF BEGINNING. THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 16,335 SQUARE FEET (0.375 ACRES), MORE OR LESS. ID-ICo-ZDZ3 MMY J. ELMORE P.L.S. 8483 HUNSAKER & ASSOCIATES SAN DIEGO, INC. LAND SU L.S.8483 OF cALi1 a PAGE 2OF2 M:\2591\15\Legal Descriptions\Private TCE\A01 PCL 17-19 TCE WESTCORE GEMINI VM, LLC.docx EXHIBIT B -MAP TEMPORARY CONSTRUCTION EASEMENT VICINITY MAP % ) �\ NOT TO SCALE 5 SITE RIDGE PARK DRIVE FEUX ALDEZ VINCENT MORAG4 V DRIVE AVE � LEGEND AREA OF TEMPORARY CONSTRUCTION EASEMENT AREA=16,335 SQ. FT. (0.375 ACRES), MORE OR LESS. P.O.C. POINT OF COMMENCEMENT T. P.O.B. TRUE POINT OF BEGINNING INDICATES RECORD INFORMATION PER PM 12549. BASIS OF BEARINGS BEARINGS ARE BASED ON THE CALIFORNIA STATE PLANE COORDINATE SYSTEM (CCS83), ZONE 6, (EPOCH 2O10.0000), BASED LOCALLY ON N.G.S. CORS STATIONS "BILL" AND "P474" DISTANCES DERIVED FROM THE COORDINATE SYSTEM HEREIN ARE GROUND DISTANCES, AS THE COORDINATES HAVE BEEN SCALED TO GROUND VALUES. COMBINED SCALE FACTOR IS 0.9999059859 HUNSAKER & ASSOCIATES SAN DIEGO, INC. 9707 Waples Street (858)558-4500 San Diego, CA 92121 SHEET 1 OF 2 yrGD LAND 5UR I. E��D LfiD L.S.8483 �Y _ LMORE DATE OF CA_ZF() P.L.S. NO. 8483 R.\ 1745\&Mop\Easements\Private TCE\EX Westcore Acquisition Exhibit SHT 01.dwg w.o. 2591-0015 EXHIBIT B -MAP SHEET 2 OF 2 TEMPORARY CONSTRUCTION EASEMENT I ti I P.O. C.- E. N.COR. PH 19 ` 21 2O 19.00',-, _ 1 I I T.P.O.B. I I (S8N3°�03'53"W).345 076.93, 83°p¢1�� z ¢ oo N07°076307171 cn IN83°0100"E 3�4.0 a_„ 39' I19 wlo I 4V'i N83°57'36"E 32.62' Q O0 44'24 ; R�4p41.OQ' Lr52•19 r r Nos",47'21 'W 11.85 1 Fj N5Q 13'21 "W 3.44. N39°46'39"E [' 14.84' PARCEL L_ "A" N06°56'55"W r'Fi� r11�� OF' 82°58'126E PARCEL MERGER NO, PA95-0032 I 1995— 2 1 3082 N 1 12'39 E 2 12.2p 2c I I I I 17 I PM 1254 9 n IX VALD A= f�l � � 1 FIE 13' 1 J 1 ' l � ! 16 081°12'39"E b.. N08°4636"w 47 PM 74184-89 I v N82°02'41 "E 14.98'..e N08° ¢ 3912 , CURVE TABLE # DELTA RADIUS LENGTH Cl 01 °51'40" 1 4031.00' 130.93' HUNSAKER & ASSOCIATES SAN DIEGO, INC. 9707 Waples Street (858)558-4500 San Diego, CA 92121 N85.17'32"W �.10' 0 100 200 300 RIDGE PARK "'DR. SCALE 1" =100' R.\1745\&Map\Easements\Private TCE\EX Westcore Acquisition Exhibit SHT 02.dwg w.o. 2591-0015 EXHIBIT 11 EXHIBIT A- LEGAL DESCRIPTION PERMANENT STREET EASEMENT A PORTION OF PARCEL 20 OF PARCEL MAP 12549 RANCHO CALIFORNIA ROAD AND VINCENT MORAGA DRIVE BEING A PORTION OF PARCEL 20 OF PARCEL MAP 12549, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 74, PAGES 84 THROUGH 89, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL 20; THENCE ALONG THE NORTHERLY AND EASTERLY LINES THEREOF NORTH 83003'16" EAST (NORTH 83°03'53" EAST PER SAID PARCEL MAP 12549), 147.00 FEET; THENCE SOUTH 55°25'54" EAST, 34.44 FEET; THENCE SOUTH 06055'41" EAST, 217.13 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL; THENCE LEAVING SAID EASTERLY LINE ALONG THE SOUTHERLY LINE THEREOF SOUTH 83004'19" WEST, 19.00 FEET TO A LINE LYING 19.00 FEET WESTERLY OF AND PARALLEL WITH SAID EASTERLY LINE; THENCE LEAVING SAID SOUTHERLY LINE ALONG SAID PARALLEL LINE NORTH 06055'41" WEST, 206.16 FEET; THENCE LEAVING SAID PARALLEL LINE NORTH 51056'13" WEST, 39.31 FEET TO A LINE LYING 6.00 FEET SOUTHERLY OF AND PARALLEL WITH SAID NORTHERLY LINE; THENCE ALONG SAID PARALLEL LINE SOUTH 83°03'16" WEST, 126.00 FEET TO THE WESTERLY LINE OF SAID PARCEL 20; THENCE LEAVING SAID PARALLEL LINE ALONG SAID WESTERLY LINE NORTH 06°55'41" WEST, 6.00 FEET TO THE POINT OF BEGINNING. THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 5,572 SQUARE FEET (0.128 ACRES), MORE OR LESS. J MY J. ELMORE P.L.S. 8483 HUNSAKER & ASSOCIATES SAN DIEGO, INC. ►.AND * L.S.8483 �T� OF CA1.�F�4 PAGE 1 OF 1 MA2591\15\Legal Descriptions\A06 PCL 20 ROW THE GGG PARTNERSHIP.docx EXHIBIT 11 EXHIBIT B -MAP PERMANENT STREET EASEMENT VICINITY MAP NOT TO SCALE., SITE RIDGE PARK \OLD DRIVE FEUX r ECULA WNCENT MORAGA AVE p x DRIVE LEGEND F/77 AREA OF RIGHT OF WAY DEDICATION ARE4=5,572 SQ. FT. (0.128 ACRES), MORE OR LESS, UTILITY EASEMENT RESERVED BY KACOR REALTY, INC., PER INST. NO. 25891 A REC. 21711980, O.R. AB MAINTENANCE EASEMENT PER INST. NO. 83463 REC. 412311984, O.R. QEASEMENT FOR VEHICULAR INGRESS AND EGRESS TO KACOR DEVELOPMENT COMPANY PER INST. NO. 192542 REC. 912111983, O.R. QEASEMENT FOR ACCESS PURPOSES TO TWO GUYS PARTNERS PER INST. NO. A 213573 REC. 912311985, O.R. QEASEMENT FOR UTILITY PURPOSES TO SOUTHERN CALIFORNIA EDISON E COMPANY PER INST. NO. 34689 REC. 211311986, O.R. P.O.B. POINT OF BEGINNING INDICATES RECORD INFORMATION PER PM 12549 THE LOCATIONS OF THE FOLLOWING EASEMENTS CANNOT BE DETERMINED FROM RECORD INFORMATION AND ARE NOT PLOTTED HEREON: EASEMENT FOR TELEPHONE POLES, ANCHORS, AND INCIDENTAL PURPOSES TO PACIFIC TELEPHONE AND TELEGR4PH COMPANY REC. 912111917 IN BOOK 470 OF DEEDS, PAGE 14. EASEMENT FOR CONSTRUCTION AND MAINTENANCE RESERVED BY KACOR DEVELOPMENT COMPANY PER INST. NO, 192541 REC. 912111983, O.R. SHEET 1 OF 2 BEARINGS ARE BASED ON THE CALIFORNIA STATE PLANE COORDINATE Ed LAND SV SYSTEM (CCS83), ZONE 6, (EPOCH 2O10.0000), BASED LOCALLY ON ���' 3 . N.G.S. COBS STATIONS "BILL" AND "P474" DISTANCES DERIVED FROM THE COORDINATE SYSTEM HEREIN ARE GROUND DISTANCES, AS THE COORDINATES HAVE BEEN SCALED TO GROUND VALUES. COMBINED SCALE FACTOR IS 0.9999059859 L.S. 8483 HUNSAKER & ASSOCIATES __ _ OF CALIF S A N Q I E G Q, INC. J^ J, tMORE DATE 9707 Waples Street (858)558-4500 P.L.S. NO. 8483 San Diego, CA 92121 R:\ 1745\&Map\Easements\Offsite ROW\EX GGG Acquisition Exhibit SHT 01.dwg w.o. 2591-0015 1117 YAT72 T'T 1 1 EXHIBIT B -MAP SHEET 2 OF 2 PERMANENT STREET EASEMENT — ! CALIFORNIA ROAD AD RANC 13'- pMrEL M D_CATE0 PER - � I I Q P.O.B. w NW COR.o5'53, PARCEL 20 �14$°03'1 6"E} 147.00' 6.00' N83603_ pp I B 39' ---A r m 1 24' B x 16' 1 C 24' f 1 \ j 15' ~'I \ 1 rn �112; 19, 20' 13P zI 20 \ I 1I D E A 33Ln D 39' 52' I N C r - 19' I 19.00' I f — N83'0419 E I I I I I I I I I 19 I I � HUNSAKER o 40 so 120 � & ASSOCIATES S A N 4 I E G O, INC. SCALE 1"— 40' 9707 Waples Street (858)558-4500 San Diego, CA 92121 R.\1745\&Map\Easements\0ff9ite ROW\IX GGG Acquisition Exhibit SHr 02.dwg w.o. 2591-0015 FYI=KTRTT 11 EXHIBIT 12 EXHIBIT A- LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASMENT A PORTION OF PARCEL 20 OF PARCEL MAP 12549 BEING A PORTION OF PARCEL 20 OF PARCEL MAP 12549, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 74, PAGES 84 THROUGH 89, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID PARCEL 20 TO A POINT LYING 6.00 FEET SOUTHERLY OF AND PARALLEL WITH THE NORTHERLY LINE OF SAID PARCEL 20, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE ALONG SAID PARALLEL LINE, NORTH 83°03'16" EAST, 126.00 FEET; THENCE SOUTH 51 °56'13" EAST, 39.31 FEET; THENCE SOUTH 06055-41" EAST, 206.16 FEET TO THE SOUTHERLY LINE OF SAID PARCEL 20; THENCE ALONG SAID SOUTHERLY LINE SOUTH 83°04'19" WEST, 27.50 FEET; THENCE LEAVING SAID SOUTHERLY LINE, NORTH 06°55'41" WEST, 68.00 FEET TO A LINE LYING 68.00 FEET NORTHERLY AND PARALLEL WITH SAID SOUTHERLY LINE; THENCE ALONG SAID PARALLEL LINE NORTH 83004'19" EAST, 24.83 FEET; THENCE LEAVING SAID PARALLEL LINE, NORTH 06055'41" WEST, 115.84 FEET; THENCE NORTH 51 °56'13" WEST, 63.09 FEET; THENCE SOUTH 83°09'10" WEST, 12.30 FEET; THENCE SOUTH 83°13'45" WEST, 30.70 FEET; THENCE SOUTH 82°47'49" WEST, 29.19 FEET; THENCE SOUTH 82°22'45" WEST, 34.31 FEET TO THE WESTERLY LINE OF SAID PARCEL 20; THENCE ALONG SAID WESTERLY LINE NORTH 06°55'41" WEST, 5.92 FEET TO THE T RUE POINT OF BEGINNING. PAGE 1 OF 2 M:\2591\15\Legal Descriptions\Private TCE\A06 PCL 20 TCE THE GGG PARTNERSHIP.docx THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 3,757 SQUARE FEET (0.086 ACRES), MORE OR LESS. JIMMY J. ELMORE P.L.S. 8483 HUNSAKER & ASSOCIATES SAN DIEGO, INC. PAGE 2OF2 �0 LAND SO 64 Leo L.S.8483 9�F OF CAS-��G¢ M:\2591\15\Legal Descriptions\Private TCE\A06 PCL 20 TCE THE GGG PARTNERS H I P.docx EXHIBIT B -MAP TEMPORARY CONSTRUCTION EASEMENT VICINITY MAP NOT TO SCALE b SITE RIDGE PARK X DRIVE FELIX VINCENT MORAGA DEZ AVE DRIVE LEGEND AREA OF TEMPORARY CONSTRUCTION EASEMENT AREA = 3,757 SQ. FT. (0.086 ACRES), MORE OR LESS. P.O.C. POINT OF COMMENCEMENT T.P.O.B. TRUE POINT OF BEGINNING BASIS OF BEARINGS BEARINGS ARE BASED ON THE CALIFORNIA STATE PLANE COORDINATE SYSTEM (CCS83), ZONE 6, (EPOCH 2O10,0000), BASED LOCALLY ON N.G.S. CORS STATIONS "BILL" AND "P474" DISTANCES DERIVED FROM THE COORDINATE SYSTEM HEREIN ARE GROUND DISTANCES, AS THE COORDINATES HAVE BEEN SCALED TO GROUND VALUES. COMBINED SCALE FACTOR IS 0.9999059859 HUNSAKER r2023 .Q. ASSOCIATES JI^MY J. ELMORE DATE S A N D I E G 0, INC. P.L.S. NO. 8483 9707 Waples Street (858)558-4500 San Diego, CA 92121 SHEET 1 OF 2 /gyp LANDJ. 50� L.S. 8483 1 1p; �tiQ Op CAS-���4 R:\1745\&Map\Easements\Private TCE\EX GGG Acquisition Exhibit SHT 01.dwg w.o. 2591-0015 EXHIBIT B -MAP SHEET 2 OF 2 SHEETS TEMPORARY CONSTRUCTION EASEMENT OEpICATE0 PER PARCEL MAP 12549. - — HO CALIFORNIAROAD RANC� CALIFORNIA O P.O.C. NW COR. I PARCEL 20 I .P.0.19. N83 031 s E 12 as .00 � ss N8 6.00, iJi T 5.92z sfs� I z oo 0o I co `'' o `�� 19' I � Ln p ❑g I � m m cr, '-a rn I A W v 22 1 � o w � I o I api api I rn ML } 1� 20 I PM 12549 Lm 0) m I �� ti l 2.67' , q-, l 33a I' I � I N83.04' 19"E 24.8380' I Ch 47' I �- ICh a 27.5' I I I f 0' ,� 27.5 N83'0419 E , 72.80 I l I HUNSAKER 0 40 8o 120 I & ASSOCIATES \ SAN DIEGO, INC. SCALE 1" =40' 9707 Waples Street j858I558-4500 San Diego, CA 92121 R:\1745\&Mop\Easements\Private TCE\EX GGG Acquisition Exhibit SHT 02.dwg w.o. 2591-0015 EXHIBIT 13 EXHIBIT A- LEGAL DESCRIPTION PERMANENT STREET EASEMENT A PORTION OF PARCEL 21 OF PARCEL MAP 12549 RANCHO CALIFORNIA ROAD BEING A PORTION OF PARCEL 21 OF PARCEL MAP 12549, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN ON MAP RECORDED IN BOOK 74, PAGES 84 TO 89 INCLUSIVE OF PARCEL MAPS, RECORDS OF SAID RIVERSIDE COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL 21; THENCE ALONG THE NORTHERLY LINE THEREOF NORTH 83003'16" EAST (NORTH 83°03'53" EAST PER SAID PARCEL MAP 12549), 172.20 FEET TO THE NORTHEAST CORNER OF SAID PARCEL; THENCE LEAVING SAID NORTHERLY LINE ALONG THE EASTERLY LINE THEREOF SOUTH 06055'41" EAST, 6.00 FEET TO A LINE LYING 6.00 FEET SOUTHERLY OF AND PARALLEL WITH SAID NORTHERLY LINE; THENCE LEAVING SAID EASTERLY LINE ALONG SAID PARALLEL LINE SOUTH 83003'16" WEST, 56.00 FEET TO THE BEGINNING OF A 4036.00 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE LEAVING SAID PARALLEL LINE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 01 008'45" A DISTANCE OF 80.72 FEET; THENCE SOUTH 84'12'02" WEST, 35.50 FEET TO THE WESTERLY LINE OF SAID PARCEL 21; THENCE ALONG SAID WESTERLY LINE NORTH 06055'41" WEST, 4.48 FEET TO THE POINT OF BEGINNING. THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 970 SQUARE FEET (0.022 ACRES), MORE OR LESS. 9-zz _ zoz3 JIMMY J. ELMORE P.L.S. 8483 HUNSAKER & ASSOCIATES SAN DIEGO, INC. PAGE 1 OF 1 D LAND SGR L.S.8483 k�kl� OF CAL"FOB M:125911151Legal DescriptionsW05 PCL 21 ROW ELWELL FAMILY TRUST.docx EXHTRTT 11 EXHIBIT B -MAP LE END PERMANENT STREET EASEMENT E=AREA OF RIGHT OF WAY DEDICATION Oat , AREA=.970 SQ. FT. (0.022 ACRES), MORE OR LESS. �, N 0 UTILITY EASEMENT RESERVED BY ICACOR REALTY, INC., PER SITE, A INST. NO. 25891 REC. 21711980, O.R. AB MAINTENANCE EASEMENT PER INST. NO. 83463 REC. 1- 412311984, O.R. CHO EASEMENT FOR VEHICULAR INGRESS AND EGRESS TO L' J OLD Q VINCENT PROPERTIES PER INST. NO. 192542 REC. RIDGE DRIVE PARK FELIX 9/21/1983, O.R. NNCENT MOR,4GA DRIVE AVEE EZ �rEct QEASEMENT RESERVED BY KACOR DEVELOPMENT VICINITY MAP COMPANY PER INST. NO. 225803 REC. 1013111983, O.R. P.O.B. POINT OF BEGINNING NOT TO SCALE INDICATES RECORD INFORMATION PER PM 12549. THE LOCATION OF THE EASEMENT FOR TELEPHONE POLES, ANCHORS, AND INCIDENTAL PURPOSES TO PACIFIC TELEPHONE AND TELEGRAPH COMPANY REC. 912111917 IN BOOK 470 OF DEEDS, PAGE 14 CANNOT BE DETERMINED FROM RECORD INFORMATION AND IS NOT PLOTTED HEREON. I ROAD RANCHO CALIFORNIA n RAN t. ► � "- 6.00' P.O.B.- NW COR. PARCEL 21 4.4 (N83°03'53"E) 172.20' i N83°0316 E J B cn 21 PM 12549 0 40 80 120 SCALE 1" =40' CURVE TABLE DELTA RADIUS LENGTH CI 01 '08'45" 4036, 00' 80. 72' LINE TABLE # BEARING DISTANCE L 1 N83'03' 16'E 56.00' L2 N84' 12'02"E 35.50' HUNSAKER & ASSOCIATES SAN DIEGO, INC. 9707 Waples Street (858)558-4500 San Diego, CA 92121 IA.ND 0 L.S. 8483 1 * s9T� 0 1Fo��tiQ fil,iqguf a; i ► BEARINGS ARE BASED ON THE CALIFORNIA STATE PLANE COORDINATE SYSTEM (CCS83), ZONE 6, (EPOCH 2O10.0000), BASED LOCALLY ON N.G.S. CORS STATIONS "BILL" AND "P474" DISTANCES DERIVED FROM THE COORDINATE SYSTEM HEREIN ARE GROUND DISTANCES, AS THE COORDINATES HAVE BEEN SCALED TO GROUND VALUES. COMBINED SCALE FACTOR IS 0.9999059859 J ELMORE DATE P.L.S. NO. 8483 R.\ 1745\&Map\Easements\Offsite ROW\EX Elwell Acquisition Exhibit.dwg w.o. 2591-0015 EXHIBIT 13 EXHIBIT 14 EXHIBIT A — LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT A PORTION OF PARCEL 21 OF PARCEL MAP 12549 BEING A PORTION OF PARCEL 21 OF PARCEL MAP 12549, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN ON MAP RECORDED IN BOOK 74, PAGES 84 TO 89 INCLUSIVE OF PARCEL MAPS, RECORDS OF SAID RIVERSIDE COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID PARCEL 21; THENCE ALONG THE WESTERLY LINE THEREOF, SOUTH 06°55'41" EAST, 4.48 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID WESTERLY LINE, NORTH 84°12'02" EAST, 35.50 FEET TO THE BEGINNING OF A 4036.00 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 01008'46" A DISTANCE OF 80.73 FEET; THENCE NORTH 83°03'16" EAST, 56.00 FEET TO THE EASTERLY LINE OF SAID PARCEL 21; THENCE ALONG SAID EASTERLY LINE, SOUTH 06-55-41" EAST, 24.96 FEET; THENCE LEAVING SAID EASTERLY LINE SOUTH 83°03'16" WEST, 24.00 FEET; THENCE NORTH 06°55'41" WEST, 15.61 FEET; THENCE SOUTH 83034" 1" WEST, 26.32 FEET; THENCE SOUTH 83029'39" WEST, 52.34 FEET; THENCE SOUTH 83029'24" WEST, 69..55 FEET; TO THE WESTERLY LINE OF SAID PARCEL 21; THENCE ALONG SAID WESTERLY LINE NORTH 06055'41" WEST, 9.70 FEET TO THE TRUE POINT OF BEGINNING. THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 1,959 SQUARE FEET (0.045 ACRES), MORE OR LESS. LAND SG� D I. ►. L.S.8483 /1-3-�aZ3 JIMMY J. ELMORE P.L.S. 8483 F of cALlF HUNSAKER & ASSOCIATES SAN DIEGO, INC. PAGE 1 OF 1 M:\2591\15\Legal Descriptions\Private TCE\A05 TCE 21 TCE ELWELL FAMILY TRUST.docx EXHIBIT B -MAP TEMPORARY CONSTRUCTION EASEMENT LEGEND 0 a ®AREA OF TEMPORARY CONSTRUCTION EASEMENT nj AREA = 1,959 SQ. FT. (0.045 ACRES), MORE OR LESS. SITE P.O.C. POINT OF COMMENCEMENT T° P• O. B° TRUE POINT OF BEGINNING naucrro r BEARINGS ARE BASED ON THE CALIFORNIA STATE PLANE COORDINATE SYSTEM (CCS83), ZONE 6, (EPOCH 2O10,0000), BASED LOCALLY ON N.G.S. CORS STATIONS 'BILL" AND "P474" DISTANCES DERIVED FROM THE COORDINATE SYSTEM HEREIN ARE GROUND DISTANCES, AS THE COORDINATES HAVE BEEN SCALED TO GROUND VALUES. COMBINED SCALE FACTOR IS 0.9999059859 r_ J " RIDGE PARK DRIVE FEZIX VINCENT MORAGA DRIVE AVE EZ VICINITY MAP NOT TO SCALE � r �CALIFOFNIA _ ROAD o RANCHO P.O.C. 021 T•P•0•B• L1 N PARCEL C 1 4.48' 24' z 9. 0 fi9.55' 52 34' N83 2 9'39"E oNivo Loc w 24,00 U01 �cn �4 �][ 0. N83°29'24E N83°03'16 • �N I�20 Lh o a O m rn cn Ln I 0 40 80 120 °' SCALE 1 " = 40' LINE TABLE CURVE TABLE # DELTA RADIUS T LENGTH CI 01-08-46" 4036.00' 1 80.73' # BEARING DISTANCE L1 N83'03'16"E 56.00' L2 N84'12'02"E 35.50' HUNSAKER & ASSOCIATES SAN DIEGO, INC. 9707 Waples Street (858)558-4500 San Diego, CA 92121 �y�❑ LAND S�RL LMo� �0 � � m Q� L.S.8483 & FAQ vYi ELMORE DATE — P.L.S. NO. 8463 R:\1745\&Map\Easements\Pr1vate TCE\EX Elwell Acquisition Exhibit.dwg w.o. 2591-0015 EXHIBIT 45 EXHIBIT A— LEGAL DESCRIPTION PERMANENT STREET EASEMENT A PORTION OF PARCEL 22 OF PARCEL MAP 12549 RANCHO CALIFORNIA ROAD BEING A PORTION OF PARCEL 22 OF PARCEL MAP 12549, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 74, PAGES 84 THROUGH 89, INCLUSIVE, OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID PARCEL 22; THENCE ALONG THE NORTHERLY LINE THEREOF SOUTH 83003'16" WEST (SOUTH 83°03'53" WEST PER SAID PARCEL MAP 12549), 224.12 FEET; THENCE LEAVING SAID NORTHERLY LINE NORTH 84°12'02" EAST, 224.16 FEET TO THE EASTERLY LINE OF SAID PARCEL 22; THENCE ALONG SAID EASTERLY LINE NORTH 06055'41" WEST, 4.48 FEET TO THE POINT OF BEGINNING. THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 502 SQUARE FEET (0.012 ACRES), MORE OR LESS. LAND SUR c9_ZZ_ZD23 L.S.8483 JIMMY J. ELMORE P.L.S. 8483 HUNSAKER & ASSOCIATES SAN DIEGO, INC. OF CpLZ�p4 PAGE 1 OF 1 M:\2591\15\Legal Descriptions\A09 PCL 22 ROW CUBESMART LP.docx EXHIBIT 15 VICINITY MAP NOT TO SCALE ,� S EXHIBIT B -MAP PERMANENT STREET EASEMENT I J _�j A-HALIR�RNIA _- I�C F.N SITE RANCHO J OLD RIDGE PARK DRIVE FELIJ!�cu VINCENT MORAGA V L EZ DRIVE LEGEND AREA OF RIGHT OF WAY DEDICATION AREA = 502 SQ. FT. (0.012 ACRES), MORE OR LESS. 0 ❑ �ll 2J SEEI DETAIL PM Y 2549 l \ POR. 22 119 o \ PARCEL 'A" LOT LINE ADJUSTMENT I REC, 415189, 1 \INST. NO. 106858 �1 Fj cc)1 I 0 I d A17 I P.O.B. POINT OF BEGINNING INDICATES RECORD INFORMATION PER PM 12549. I SCALE 1 " = 40' SAD o I I �~ H� CALI�'ORNIA R �. EASEMENT PER PM 12549. ��m I STREET PU (03 UTILITY E) 37.00' �N83°0315 E 5 4.48 224.12' —� N84' i 2'02"E 224.16' POR. 22 I THE ACCESS EASEMENT GRANTED TO LARRY STRASRAUGH PER INST NO. 2004-0059048 REC. 112712004, O.R, CANNOT BE DETERMINED FROM RECORD INFORMATION AND IS NOT PLOTTED HEREON.. A A 0 DRAINAGE EASEMENT OFFERED TO THE COUNTY OF RIVERSIDE AND REJECTED PER PM 12549. UTILITY EASEMENT RESERVED BY KACOR REALTY, INC., PER INST. NO. 25891 REC. 21711980, O.R MAINTENANCE EASEMENT PER INST. NO. 83463 REC. 412311984, O.R. AD UTILITY EASEMENT RESERVED BY JOHN ANDERS SVENNINGSEN PER INST. NO. 186850 REC. 812711984, O.R. BASIS OF ti0 LAND SO BEARINGS ARE BASED ON THE CALIFORNIA STATE PLANE COORDINATE SYSTEM (CCS83), ZONE 6, (EPOCH 2O10.0000), BASED LOCALLY ON N.G.S. CORS STATIONS "BILL' AND "P474" DISTANCES DERIVED FROM THE COORDINATE SYSTEM HEREIN ARE GROUND ern DISTANCES, AS THE COORDINATES HAVE BEEN SCALED TO GROUND VALUES. COMBINED SCALE FACTOR IS 0.9999059859 L.S. 8483 HUNSAKER & ASSOCIATES 5 A N d I E G Q, INC. _ MY ELMORE DATE 0CAL1"0 9707 Waples Street (858)558-4500 P.L.S. NO. 8483 San Diego, CA 92121 R. \ 1745\&Map\Easements\Offsite ROW\EX Cubesmart Acquisition Exhibit.dwg w.o. 2591-0015 EXHIBIT 15 EXHIBIT 16 EXHIBIT A— LEGAL DESCRIPTION TEMPORARY CONTRUCTION EASEMENT A PORTION OF PARCEL 22 OF PARCEL MAP 12549 BEING A PORTION OF PARCEL 22 OF PARCEL MAP 12549, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 74, PAGES 84 THROUGH 89, INCLUSIVE, OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID PARCEL 22; THENCE ALONG THE EASTERLY LINE THEREOF, SOUTH 06°55'41" EAST, 4.48 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID EASTERLY LINE SOUTH 84°12'02" WEST, 224.16 FEET; THENCE SOUTH 05047'58" EAST, 5.00 FEET; THENCE NORTH 84°12'02" EAST, 119.02 FEET; THENCE SOUTH 05047'58" EAST, 15.50 FEET; THENCE NORTH 84°12102" EAST, 39.33 FEET; THENCE NORTH 05°47'58" WEST, 15.50 FEET; THENCE NORTH 84°12'02" EAST, 65.90 FEET TO THE EASTERLY LINE OF SAID PARCEL 22; THENCE ALONG SAID EASTERLY LINE NORTH 06055'41" WEST, 5.00 FEET TO THE TRUE POINT OF BEGINNING. THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 1,730 SQUARE FEET (0.040 ACRES), MORE OR LESS. JIMMY J. ELMORE ►D— 25— zD 23 P.L.S. 8483 HUNSAKER & ASSOCIATES SAN DIEGO, INC. �ID LAND SUR L.S.8483 •� �rF DF CAL�F�� PAGE 1 OF 1 M:\2591\15\Legal Descriptions\Private TCE\A09 PCL 22 TCE CUBESMART LP.docx VICINITY MAP NOT TO SCALE , SITEi �- I EXHIBIT B -MAP _ TEMPORARY CONSTRUCTION EASEMENT — — - AD - �H p ALf NIA _ _ BAN , RIDGE PARK \ 1 DRIVE FEUXVALD T C[lffl VINCENT MORAGA o t� DRIVE LEGEND ®AREA OF TEMPORARY CONSTRUCTION EASEMENT AREA = 1, 730 SQ. FT. (0.040 ACRES), MORE C LESS. P.O.C. POINT OF COMMENCEMENT T.P.O.B. TRUE POINT OF BEGINNING G a 7SEE2J � DETAIL � FivJJ 2 J�1 9 l _ J \ \ POR. 22 I 19 o \ PARCEL "A" Z L07 LINE ADJUS7'MEN-r I _ REC. 415189, \ INS7. NO. 106858 r QC) � \ I I 0 40 ITOT 120 I SCALE 1 " = 40' — 3 m --� m EASEMENT PER PM 12549. o Nm P.O.C. STREET AND PUBLIC UTILITY T•P•O•B' N - 5.00' I I N84°12'02E 221 ti' N84.12'02„E 65.90'Do - too 1III °N4' l� pla 105S8"w 02 E 119.02' 5o�n N8N5°47'5580! 5N842"E 5O07 #0POR. 22n BASIS OF BEARINGS BEARINGS ARE BASED ON THE CALIFORNIA STATE PLANE COORDINATE SYSTEM (CCS83), i-AND S. ZONE 6, (EPOCH 2O10.0000), BASED LOCALLY ON N.G.S. CORS STATIONS "BILL" AND "P474" DISTANCES DERIVED FROM THE COORDINATE SYSTEM HEREIN ARE GROUND DISTANCES, AS THE COORDINATES HAVE BEEN SCALED TO GROUND VALUES. COMBINED SCALE FACTOR IS 0,9999059859 L.S.8483 HUNSAKER &ASSOCIATES S A N D I E G O, INC. �— Y J. ELMORE DATE OF �A►-iF� 9707 Waples Street (858)558-4500 P.L.S. NO. 8483 San Diego, CA 92121 R.\1745\&Map\Easements\Private TCE\EX Cubesmart Acquisition Exhibit.dwg w.o. 2591-0015 EXHIBIT 17 EXHIBIT A - LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT A PORTION OF PARCEL 15 OF PARCEL MAP 12549 THAT PORTION OF PARCEL 15 OF PARCEL MAP NO. 12549, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 74, PAGES 84 THROUGH 89 INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT OF INTERSECTION OF THE SOUTHERLY LINE OF FELIX VALDEZ AVENUE AND THE EASTERLY LINE OF VINCENT MORAGA DRIVE AS DEDICATED FOR PUBLIC USE PER SAID PARCEL MAP, SAID POINT ALSO BEING A POINT IN THE WESTERLY LINE OF SAID PARCEL 15; THENCE ALONG SAID WESTERLY LINE SOUTH 06055'41" EAST, 99.62 FEET TO THE BEGINNING OF A 100.00 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 12016'54" A DISTANCE OF 21.44 FEET; THENCE 19012'35" EAST, 32.64 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID WESTERLY LINE NORTH 86004'19" EAST, 17.73 FEET; THENCE SOUTH 07001'09" EAST, 26.87 FEET TO THE SOUTHERLY LINE OF SAID PARCEL 15; THENCE ALONG SAID SOUTHERLY LINE SOUTH 82058'51" WEST, 13.00 FEET TO SAID WESTERLY LINE; SAID POINT BEING THE BEGINNING OF A 47.00 FOOT NON -TANGENT RADIUS CURVE CONCAVE WESTERLY; A RADIAL LINE TO SAID POINT BEARS NORTH 82058'51" EAST; THENCE ALONG SAID WESTERLY LINE AND ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 12011'26" A DISTANCE OF 10.00 FEET; THENCE NORTH 19112'35" WEST, 17.36 FEET TO THE TRUE POINT OF BEGINNING. THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 402 SQUARE FEET (0.009 ACRES), MORE OR LESS. 1 1-c- - zo2 IMMY J. ELMORE P.L.S. 8483 HUNSAKER & ASSOCIATES SAN DIEGO, INC. PAGE 1 OF 1 �D LAND 5�R jk�r' L.S.8483► OF CpL1 M:\2591\15\Legal Descriptions\Private TCE\A02 PCL 15 TCE ALVAREZ.docx EXHIBIT B - MAP LEGEND TEMPORARY CONSTRUCTION EASEMENT ®AREA OF TEMPORARY CONSTRUCTION EASEMENT AREA= 402 SQ. FT. (0.009 ACRES), MORE OR LESS. P.O.C. POINT OF COMMENCEMENT T.P.O.B. TRUE POINT OF BEGINNING 111 N SITE �A CHV i RIDGE PARK J DRIVE FELIX VINCENT MORAGA DRIVALDEZ E AVE VICINITY MAP I NOT TO SCALE LINE TABLE # BEARING DISTANCE L 1 N83°04' 19"E 17.73' L2 N82°58'51 "E 13.00' L3 N19°12'35"W 17.36' 0 40 80 120 SCALE 1" =40' HUNSAKER & ASSOCIATES SAN DIEGO, INC 9707 Waples Street (858)558-4500 San Diego, CA 92121 SHEET 1 OF 1 _\LIX VALDEZ 1 AVE I (DEDICATED pl= I I I I P.O.C. 41n I m a o � I I � m 15 I ° t Q FM 12549 m r�� 1 C7 Q� I I b �A I U I tL i I 32.642"W `35 l a I . P.O.B. lr r L I L3 N067-011091,W C1 I L2 ` \N62_58'51 "E(R) �p LAND S0 J. P�M Leo L.S.8483 J* CURVE TABLE # DELTA RADIUS LENGTH C 1 12' 11 '26" 1 47.00' 10.00' (:�! I I-& - zoo!, ----------------------- J. ELMORE DATE P.L.S. NO. 5483 R.\ 1745\&Map\Easements\Private TCE\EX Alvarez Acquisition Exhibit.dwg w.o. 2591-0015