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17-0606_SOUTH COAST INVESTORS II, LLC_E12_Agenda ReportTO : FROM: City of San Juan Capistrano Agenda Report Honorable Mayor and Members of the City Council ~n Siegel , City Manager SUBMITTED BY: Maria Morris, City Clerk ~W\ DATE: June 6, 2017 SUBJECT: Adoption of Ordinance Approving the First Amendment to the Development Agreement for the Distrito La Novia - San Juan Meadows Project to Extend the Term of the Development Agreement from Jun e 7 , 2017 , to June 7 , 2021 (Assessor Parcel Numbers 666-292-01 , and 02 , 666-311 -02 , through 04 and 666-312-01 ) (Th e "Distrito La Novia - San Juan Meadows Project") RECOMMENDATION: 6/6/2017 E12 By motion, approve the second reading and adoption of an ordinance entitled "AN ORDINANCE OF THE CITY COUNCI L OF THE C ITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING AND ADOPTING THE FIRST AMENDMENT TO THE DEVELOPMENT AGREEMENT FOR THE D ISTRITO LA NOVIA -SAN JUAN MEADOWS 154-ACRE MIXED USE RES ID ENTIAL AND COMMERCIAL PROJECT, BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND ADVANCED GROUP 99-SJ, AND ADVANCED GROUP 03-79-2 EXTENDING THE TERM OF T HE DEVELOPMENT AGREEMENT FOR FOUR (4) YEARS FROM JUNE 7 , 2017 TO JUNE 7 , 2021 , FOR A PROJECT LOCATED GEN ERALLY EAST OF INTERSTATE 5 AN D VA LL E ROAD , SOUTHWARD FROM SAN JUAN CREEK ROAD TO LA NOVIA AVENUE , AND FROM VISTA MARINA NORTHWARD TO LA NOVIA AVENUE WEST OF THE SAN JUAN HILLS GOLF CLUB (ASSESSOR PARCEL NUMBERS 666-292 - 01 , AND 02 ,666-311-02 , THROUGH 04 AND 666-3 12 -01)(THE "DISTRITO LA NOVIA -SAN JUAN MEADOWS PROJECT")." EXECUTIVE SUMMARY: On May 16, 2017, the City Council approved the first reading and i ntroduction of an Ordinance (Attachment 1) approving the First Amendment to the Development Agree m ent for the Distrito La Novia -San Juan Meadows project extending the term of the Development Agreement for four years from Jun e 7 , 2017 , to June 7 , 2021. The Ordinance w ill go into effect 30 days after its passage . City Council Agenda Report June 6, 2017 Page 2 of 2 DISCUSSION/ANALYSIS: Not applicable. FISCAL IMPACT: Not applicable. ENVIRONMENTAL IMPACT: Not applicable. PRIOR CITY COUNCIL REVIEW: • At its May 16, 2017, meeting, the City Council approved the first reading and introduction of the Ordinance approving the First Amendment to the Development Agreement for the Distrito La Novia -San Juan Meadows project extending the term of the Development Agreement for four years from June 7, 2017, to June 7, 2021. COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS: Not applicable. NOTIFICATION : The City Clerk's office will provide all necessary publications and posting of the Ordinance as required by law. ATTACHMENT(S): Attachment 1 -Ordinance ORDINANCE NO. 1047 AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO APPROVING AND ADOPTING THE FIRST AMENDMENT TO THE DEVELOPMENT AGREEMENT FOR THE DISTRITO LA NOVIA -SAN JUAN MEADOWS 154-ACRE MIXED USE RESIDENTIAL AND COMMERCIAL PROJECT, BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND ADVANCED GROUP 99-SJ, AND ADVANCED GROUP 03-79-2 EXTENDING THE TERM OF THE DEVELOPMENT AGREEMENT FOR FOUR (4) YEARS FROM JUNE 7, 2017 TO JUNE 7, 2021, FOR A PROJECT LOCATED GENERALLY EAST OF INTERSTATE 5 AND VALLE ROAD, SOUTHWARD FROM SAN JUAN CREEK ROAD TO LA NOVIA AVENUE, AND FROM VISTA MARINA NORTHWARD TO LA NOVIA AVENUE WEST OF THE SAN JUAN HILLS GOLF CLUB (ASSESSOR PARCEL NUMBERS 666-292-01, AND 02, 666-311-02, THROUGH 04 AND 666-312-01)(THE "DISTRITO LA NOVIA -SAN JUAN MEADOWS PROJECT") WHEREAS, Advanced Group 99-SJ, and Advanced Group 03-79-2 has requested approval for an amendment to the project Development Agreement pursuant to section 5 of the Development Agreement which allows either party to request an amendment; and WHEREAS, on November 2, 2010, the City Council adopted Ordinance 976 approving the Development Agreement for a term not to exceed six (6) years and allowing an extension of four (4) additional years, under certain circumstances; and WHEREAS, in 2011, the project was subject to a ballot measure referendum challenging the City Council's 2010 approval of the owners request to amend the General Plan to allow the project; and WHEREAS, in June of 2011, the voters of San Juan Capistrano voted in favor of Measure B affirming the City Council's decision to approve the General Plan Amendment for the project; and WHEREAS, on March 14, 2017, the owners of the project asserted that the 2011 referendum caused a delay under the "Force Majeure" clause within the Development Agreement, thus automatically extending the expiration of the agreement to June 7, 2017; and WHEREAS, on April 19, 2017, the City Attorney agreed with the owners on the "Force Majeure" delay, arguably, extended the term to June 7, 2017; and 0 1047 ATTACHMENT 1 WHEREAS, the California Regional Water Quality Control Board began its initial review of the proposed waste discharge permit request for the post-closure of the Forster Canyon landfill site for the development; and WHEREAS, in December of 2016, the California Regional Water Quality Control Board, after reviewing the permit request since early 2011, granted final approval of the landfill closure plan; and WHEREAS, the potential environmental impacts of the proposed amendment to the Development Agreement have been previously addressed in full compliance with the provisions of the California Environmental Quality Act (CEQA) and its Guidelines, and no further environmental analysis is required prior to the approval of the proposed amendment because: a) The environmental impacts of the Distrito La Novia -San Juan Meadows Project have been fully analyzed by a previously adopted Environmental Impact Report ("EIR") certified by the City Council on November 2, 2016, through the adoption of Resolution 10-11-02-01; and, b) The proposed amendment does not propose any change in the previously approved project or any change which could potentially result in either a direct or indirect physical change in the environment, the proposed amendment will not result in new, potentially significant environmental effects; the only change proposed through this amendment is an extension of time for the Development Agreement, and, c) None of the conditions described in CEQA Guidelines Sections 15162, 15163, or 15164 which would call for the preparation of a Subsequent or Supplemental EIR, or an EIR Addendum, would occur as a result of the proposed amendment; WHEREAS, on April 25, 2017, the Planning Commission conducted a duly noticed public hearing pursuant to the provisions of Section 9-2.335 of Title 9, Land Use Code, Administrative Policy 409, and Planning Department Policy 510 to consider public testimony on the proposed project and adopted a resolution recommending that the City Council grant a four-year extension pursuant to the terms of the Development Agreement; and WHEREAS, the City Council conducted a duly-noticed public hearing on May, 16, 2017, pursuant to Government Code Section 65867 and Title 9, Land Use Code, Section 9-2.302 to consider the proposed DA Amendment, and the City Council has considered all relevant public testimony; and, WHEREAS, the record of proceedings on which the City Council's decision is based is located at City Hall for the City of San Juan Capistrano, located at 32400 Paseo Adelanto, San Juan Capistrano, California and the custodian of record of proceedings is the City Clerk. 2 0 1047 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Recitals. The above recitations are true and correct and are adopted as the findings of the City Council. SECTION 2. CEQA. The City Council of the City of San Juan Capistrano hereby finds that the Development Agreement is covered under the previously adopted EIR and that except for a term extension; no changes have been made to the project SECTION 3 . Findings . The City Council of the City of San Juan Capistrano makes the following additional findings: 1. The proposed four-year extension to the Development Agreement makes no other changes to the November 16, 2010 recorded Development Agreement and remain consistent with the General Plan Public Services Element because the project includes provisions for addressing project-related capital facility impacts to the city's infrastructure. 2. The proposed amendment and subsequent extension would not materially change or expand the scope of the development allowable under the original project approvals and the current Development Agreement for the Distrito La Novia -San Juan Meadows mixed-use development project. 3. Extending the Development Agreement is in the public interest because it will allow the applicant to diligently pursue the project following the recent approvals by the California Regional Water Quality Control Board for the post- landfill closure plan. 4. The proposed Development Agreement amendments are authorized and consistent with the provisions of Government Code Sections 65864 through 65869.5 and related City ordinances and policies. SECTION 4. Amendment. Pursuant to Government Code Section 65868, the City Council does hereby approve and adopt the "Amendment to the Development Agreement for the "Distrito La Novia -San Juan Meadows project" by and between the City of San Juan Capistrano 3 0 1047 and Advanced Group 99-SJ, and Advanced Group 03-79-2, which is attached as Exhibit A, and incorporated herein by reference. The Mayor is hereby authorized to execute said agreement on behalf of the City of San Juan Capistrano. SECTION 4. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase, or portion of this Ordinance is, for any reason, held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council herby declares that it would have adopted this Ordinance and each section, subsection, subdivision, paragraph sentence, clause or phrase of this Ordinance irrespective of the fact that one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional or invalid or ineffective. To this end the provisions of this Ordinance are declared to be severable. SECTION 5. Effective Date . This Ordinance shall take effect and be in force thirty (30) days after its passage . SECTION 6. City Clerk's Certification . The City Clerk shall certify to the adoption of this Ordinance and cause the same to be posted at the duly designated posting places within the City and published once within fifteen (15) days after passage and adoption as required by law; or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be posted in the Office of the City Clerk five (5) days prior to the date of adoption of this Ordinance; and, within fifteen (15) days after adoption, the City Clerk shall cause to be published the aforementioned summary and shall post a certified copy of this Ordinance, together with the vote for and against the same, in the Office of the City Clerk. PASSED, APPROVED AND ADOPTED this 6th day of June 2017. KERRYFERGUSON,MAYOR ATTEST: MARIA MORRIS, CITY CLERK 4 0 1047 RECORDING REQUESTED BY: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 WHEN RECORDED, MAIL TO: Maria Morris, City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Exempt from Recording Fees: Government Code §§27383, 6103 City of San Juan Capistrano This Space for Recorder's Use Only First Amendment to the Development Agreement for the Distrito La Novia -San Juan Meadows project, Between the City of,San Juan Capistrano and Advanced Group 99-SJ, and Advanced Group 03-79-2 EXHIBIT A FIRST AMENDMENT TO THE DEVELOPMENT AGREEMENT FOR THE DISTRITO LA NOVIA-SAN JUAN MEADOWS PROJECT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND ADVANCED GROUP 99-SJ, AND ADVANCED GROUP 03-79-2 This First Amendment to the Development Agreement for the Distrito La Novia -San Juan Meadows project is entered into between the City of San Juan Capistrano, a municipal corporation ("City"}, and Advanced Group 99-SJ, and Advanced Group 03-79-2 ("Owner"). City and Owner are referred to collectively within this Amendment as the "Parties." RECITALS A. The owners of the project are also the owners of real property located within the City (the "Property") which is described and shown on Exhibits "A-1" and "A-2" to this Amendment. The Property represents the approximately 154-acre mixed use residential and commercial project located on two separate sites intersected by La Novia Avenue, which is collectively known as "Distrito La Novia-San Juan Meadows" and is generally located east of Interstate 5 and Valle Road, southwest of the San Juan Hills Golf Club, south of San Juan Creek Road to La Novia Avenue, and north of Vista Marina to La Novia Avenue "(the "Project"). B. On November 2, 201 0, the City Council adopted Ordinance 975 and several subsequent Resolutions approving the project. C. Also on November 2, 2010, the City Council adopted Ordinance 976 approving the Development Agreement for the project. D. In 2011, the project was subject to a referendum by the citizens of San Juan Capistrano that forced a ballot measure asking the voters to consider overturning the City Councils decision to grant a General Plan Amendment for the project. E. In June, 2011, Ballot Measure B was passed by the voters of San Juan Capistrano affirming the City Council's Decision to approve the General Plan Amendment that allowed the project to proceed as approved in 2010. F. In 2011 the owners began working in earnest to put forth a plan to the California Regional Water Quality Control Board (CRWQB) to review and consider the Developer's waste discharge permit request or the post-closure of the Forster Canyon landfill site. G. In December, 2016, the water quality control plan for the proposed project was finally granted approval by the CRWQB. H. On March 14, 2017, the owner informed the City due to the provisions of the Force Majeure clause set forth in Section 12.3 of the original Development Agreement specifically lists referenda among the matters which constitute a Force Majeure delay, and thus the original Development Agreement is automatically extended to June 7, 2017. I. On April 19, 2017, the City Attorney concurred with the owners that the citizen referendum caused a Force Majeure delay for the project, thus extending to Development Agreement to June 7, 2017. J. On April 15, 2017, the owners officially requested an amendment to the original Development Agreement. K. The Parties have now agreed to an extension of the Term of the Development Agreement, pursuant to Section 5 of the recorded Development Agreement. L. This extension was approved by the City Council by ordinance on _______ , 2017 . AGREEMENT The Parties agree as follows: 1. Pursuant to Section 5 of the Development Agreement, the term of the Development is extended for a term not to exceed four (4) years from June 7, 2017 to June 7, 2021. Except as so modified, all provisions of the original Development Agreement shall remain in full force and effect. This Amendment has been signed as of _____ , 2017, the effective date of the ordinance approving this Amendment. "City" City of San Juan Capistrano, a municipal corporation By _____ ~~--------- Mayor Attest: Maria Morris, City Clerk Approve as to Form City Attorney "Owners" Advanced Group 99-SJ/03-79-2 By Nam __ e ______________ __ Title ------------ 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 , 20_, before me, , Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name is subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature---------------- (seal) EXHIBIT "A-1" LEGAL DESCRIPTION OF THE DISTRITO PROPERTY That certain real property located in the City of San Juan Capistrano, County of Orange, State of California, described as follows: PARCEL 1: That portion of Parcel 34, in the City of San Juan Capistrano, County of Orange, State of California, as per map filed in Book 2, Pages 31 to 38 inclusive of Record of Surveys, in the Office of the County Recorder of said County, described as follows: Beginning at the southeast corner of the land described in the deed to John 0. Forster, recorded November 11, 1913 in Book 235, Page 116 of Deeds, in the office of the County Recorder of Orange County; thence North 55° 00' 00" East 450 feet to an angle point on the easterly boundary of the land described in said deed; thence North 1° 34' 23" East 685.15 feet along said easterly boundary; thence North 69° 49' 13" West 114.80 feet; thence South 40° 20' 37" West 197.31 feet; thence South 35° 30' 09" West 310.32 feet; thence South 31° 51' 20" West 540.09 feet; thence South 32° 55' 00" West 113.84 feet to a point on the south line of the land described in said deed, distant South 87° 31' 28" East 330 .54 feet from the southwest corner thereof; thence South 87° 31' 28" East to the Point of Beginning. Except that portion thereof described as Parcel 1 in the deed to the State of California, recorded October 16, 1967 in Book 8404, Page 963 of Official Records of said county. PARCEL 2: That portion of Parcel 34, in the City of San Juan Capistrano, County of Orange, State of California, as per map filed in Book 2, Pages 31 to 38 inclusive of Record of Survey, in the Office of the County Recorder of said County and those portions of Parcels 2 and 5 in said City as per map filed in Book 4, Pages 15 of said Record of Surveys, described as a whole as follows: Beginning at a point South 35° 30' 09" West 162.01 feet from the northeasterly terminus of that certain course described as South 35° 30' 09" West 310.32 feet in the Final Order of Condemnation recorded April 15, 1958 in Book 4268, Page 420 of Official Records; thence North 30° 03' 15" East 370.07 feet to a point on a non-tangent curve, concave northerly having a radius of 430.00 feet, a radial to said point bears South 12° 20' 1 0" West; thence easterly 172.97 feet along said curve through a central angle of 23° 02' 53" to the beginning of a reverse curve, concave southerly, having a radius of 35.00 feet; thence easterly and southerly 43.06 feet along said curve through a central angle of 70° 29' 22"; thence South 30° 13' 21" East 243.76 feet to a point on a non-tangent curve, concave northerly having a radius of 150.00 feet, a radial to said point bears South 58° 02' 06" East; thence westerly 223.05 feet along said curve through a central angle of 85° 11" 59"; thence North 1° 34' 23" East 209.85 feet to the most easterly corner of the land described in said Final Order of Condemnation; thence North 69° 49' 13" West 114.80 feet; thence South 40° 20' 37" West 197.31 feet; thence South 35° 30' 09" West 162.01 feet to the Point of Beginning. PARCEL 3: That portion of Parcel 34, in the City of San Juan Capistrano, County of Orange, State of California, as per map filed in Book 2, Pages 31 to 38 inclusive of Record of Survey, in the Office of the County Recorder of said County and those portions of Parcels 2 and 5 in said City as per map filed in Book 4, Pages 15 of said Record of Surveys, being that portion of Parcel 2 of the relinquishment of highway right of way as shown in Book 9252, Page 371 of Official Records in the Office of said County Recorder, described as follows: Beginning at the easterly terminus of that certain curve in the boundary of said Parcel 2 shown as having a radius of 430.00 feet, a delta of 17° 39" 00" feet and an arc length of 132.46 feet, a radial line to said terminus bears South 10° 42" 43" East; thence easterly 110.15 feet along said the easterly continuation of said curve through a central angle of 14°40'39" to a point in the boundary of said Parcel 2; thence along said boundary the following courses: non-tangent from said curve South 28°24'38" East 130.73 feet to a curve concave westerly having a radius of 150.00 feet, southerly 158.06 feet along said curve through a central angle of 60°22'32", non-tangent from said curve North 30°13'21" West 248.76 feet to a curve concave southwesterly having a radius of 35.00 feet and northwesterly 43.06 feet along said curve through a central angle of 70°29'22" to the Point of Beginning. PARCEL 4: That portion of Lot 5, in the City of San Juan Capistrano, County of Orange, State of California, as shown on a map filed in Book 4, Page 15 of Record of Surveys, in the Office of the County Recorder of said County, described as follows: Beginning at the most southerly corner of said Lot 5; thence North 64° 03' 45" West 495.51 feet along the Southwesterly line of said Lot 5, to the most easterly corner of land described as Parcel 3 in a deed to Edward J. Guirado and wife, recorded April17, 1950, in Book 1999, Page 443, of Official Records of said county; thence North 22° 03' 1 0" West 1386.08 feet along the northeasterly line of said land of Edward J. Guirado, to an angle point designated Station "B" in the southeasterly line of land described as Parcel 1 in a deed to Rosenbaum Ranch Co., a partnership, recorded December 30, 1947, in Book 1613, Page 219, of said Official Records; thence along the southeasterly and easterly line of said land of the Rosenbaum Ranch Co., the following bearings and distances: North 45° 18' 00" East 576.30 feet, North 4° 07' 00" East 267.60 feet, North 24° 05' 00" East 357.47 feet, North 80° 26' 1 0" East 233.10 feet, North 10° 53' 00" West 438.90 feet to the northwesterly line of said Lot 5; thence North 54° 50' 00" East 450 feet along said northwesterly line to an angle point therein; thence North 0° 50' 00" East 500.73 feet to an angle point in the southwesterly line of land described as Parcel 3 in a deed to Howard L. Krum and wife, recorded November 26, 1941, in Book 1120, Page 253, of Official Records, said point being South 0° 50' 00" West 22 feet from the southwest corner of Lot 2 of said Record of Survey above described; thence along the southwesterly line of said land of Howard L. Krum, the following bearings and distances: South 42° 33' 30" East 1408.90 feet South 66° 25' 00" East 991.16 feet to the easterly line of said Lot 5; thence along the easterly and southeasterly line of said Lot 5, the following bearings and distances: South 10° 05' 00" West 536.74 feet, South 23° 33' 00" East 1047.15 feet, South 78° 55' 00" West 1565.79 feet, South 89° 43' 00" West 486 feet and South 31° 35' 00" West 621.05 feet to the Point of Beginning. Except therefrom the following: Beginning at a point of intersection of that certain course in the westerly line and that certain course in the northeasterly line described as having bearings of North 0° 50' East and South 42° 33' 30" East, respectively, in Parcel 1 of deed recorded in Book 1603, Page 296, of Official Records, in the Office of the County Recorder of said County; thence along said northeasterly line, South 41° 49' 07" East 51.18 feet to the point of intersection with a curve concave northerly having a radius of 150 feet, at which point a tangent bears North 77° 02' 03" West; thence northwesterly along said curve, through an angle of 14° 11' 56", an arc distance of 37.17 feet to said westerly line; thence, along said westerly line, North 1° 34' 23" East 25.43 feet to the Point of Beginning. Also excepting therefrom that portion lying southerly of the northerly line of that certain property condemned by the City of San Juan Capistrano, in Case No. 61-10-28, a Final Order of Condemnation recorded October 28, 1991, as Instrument No. 91-585872, of said Official Records. EXHIBIT "A-2" LEGAL DESCRIPTION OF THE SAN JUAN MEADOWS PROPERTY That certain real property located in the City of San Juan Capistrano, County of Orange, State of California, described as follows : That portion of Lot 5, in the City of San Juan Capistrano, County of Orange, State of California, as shown on a map filed in Book 4, Page 15 of Record of Surveys, in the Office of the County Recorder of said County, described as follows: Beginning at the most southerly corner of said Lot 5; thence North 64° 03' 45" West 495.51 feet along the Southwesterly line of said Lot 5, to the most easterly corner of land described as Parcel 3 in a deed to Edward J. Guirado and wife, recorded April17, 1950, in Book 1999, Page 443, of Official Records of said county; thence North 22° 03' 1 0" West 1386.08 feet along the northeasterly line of said land of Edward J. Guirado, to an angle point designated Station "B" in the southeasterly line of land described as Parcel 1 in a deed to Rosenbaum Ranch Co., a partnership, recorded December 30, 1947, in Book 1613, Page 219, of said Official Records; thence along the southeasterly and easterly line of said land of the Rosenbaum Ranch Co., the following bearings and distances: North 45° 18' 00" East 576.30 feet, North 4° 07' 00" East 267 .60 feet , North 24° 05 ' 00" East 357.47 feet, North 80° 26' 1 0" East 233.10 feet, North 10° 53' 00" West 438.90 feet to the northwesterly line of said Lot 5; thence North 54° 50' 00" East 450 feet along said northwesterly line to an angle point therein; thence North 0° 50' 00" East 500.73 feet to an angle point in the southwesterly line of land described as Parcel 3 in a deed to Howard L. Krum and wife, recorded November 26, 1941, in Book 1120, Page 253, of Official Records, said point being South 0° 50' 00" West 22 feet from the southwest corner of Lot 2 of said Record of Survey above described; thence along the southwesterly line of said land of Howard L. Krum, the following bearings and distances : South 42° 33' 30" East 1408.90 feet South 66° 25' 00" E~st 991.16 feet to the easterly line of said Lot 5; thence along the easterly and southeasterly line of said Lot 5, the following bearings and distances : South 10° 05' 00" West 536.74 feet, South 23° 33' 00" East 104 7.15 feet, South 78° 55' 00" West 1565.79 feet, South 89° 43' 00" West 486 feet and South 31° 35' 00" West 621.05 feet to the Point of Beginning. Except therefrom the following : Beginning at a point of intersection of that certain course in the westerly line and that certain course in the northeasterly line described as having bearings of North 0° 50' East and South 42° 33' 30" East, respectively, in Parcel1 of deed recorded in Book 1603, Page 296, of Official Records, in the Office of the County Recorder of said County; thence along said northeasterly line, South 41° 49' 07" East 51.18 feet to the point of intersection with a curve concave northerly having a radius of 150 feet, at which point a .tangent bears North 77° 02' 03" West; thence northwesterly along said curve, through an angle of 14° 11' 56", an arc distance of 37.17 feet to said westerly line; thence, along said westerly line, North 1° 34' 23" East 25.43 feet to the Point of Beginning. Also excepting therefrom that portion lying northerly of the southerly line of that certain property condemned by the City of San Juan Capistrano, in Case No. 61-10-28, a Final Order of Condemnation recorded October 28, 1991, as Instrument No . 91-585872, of said Official Records.