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