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06-0703_SJD PARTNERS, LTD._Special 4(d) Int Habitat Loss Implmtn AgrRECORDING REQUESTED BY: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 AND WHEN RECORDED, MAIL TO: Margaret R. Monahan, City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Recorded in Official Records, Orange County Tom Daly, Clerk -Recorder IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIINO FEE 2006000472044 02:37pm 07114106 212 50 Al2 1S 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Exempt from Recording Fees: Gov Code 27383 & 6103 City of San Juan Capistrano This Space for Recorder's Use Only Title of Document: SPECIAL 4(d) INTERIM HABITAT LOSS IMPLEMENTATION AGREEMENT TENTATIVE TRACT MAP 16750 r�Q Recording requested by and when recorded return to: City of San Juan Capistrano Attn: City Clerk 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Margaret R. Monahan, City Clerk City of San Juan Capistrano Special 4(d) Interim Habitat Loss Implementation Agreement Subject: January 1997 Special 4(d) Rule Interim Habitat Loss Mitigation Plan for Tentative Tract Map 14196 (Pacific Point Project), County of Orange THIS AGREEMENT is made this 3rd day of July, 2006, between the CITY OF SAN JUAN CAPISTRANO, a municipal corporation, State of California, hereinafter referred to as "City" and SJD PARTNERS, LTD., a California limited partnership, whose mailing address is 2392 Morse Avenue, Irvine, CA 92614, hereinafter referred to as "Subdivider." WHEREAS, Vesting Tentative Tract Map (VTTM) 14196 was approved and an Environ- mental Impact Report was certified by the City Council on June 16, 1992, with biological resources mitigation measures applied to the project requiring restoration for coastal sage scrub (CSS) habitat, among other requirements; and WHEREAS, Subdivider is the owner of land encompassed in VTTM 14196; and WHEREAS, pursuant to the mitigation measures applied to VTTM 14196, City and Subdi- vider submitted an application to the U. S. Fish and Wildlife Service and the California Department of Fish and Game (hereinafter "Resource Agencies") for a Special 4(d) Rule Interim Habitat Loss Mitigation Plan (IHLMP), which was approved by the Resource Agencies on January 31, 1997 (see Attachment A); and WHEREAS, a portion of VTTM 14196 containing areas subject to habitat restoration requirements under the IHLMP was subsequently re -subdivided by Vesting Tentative Tract Map 15609, approved by the City Council on September 16, 2003, with a Supplemental Environmental Impact Report certified on September 2, 2003 which required adherence to the original biological mitigation measures as established by the 1992 FIR and the 1997 IHLMP; and WI IEREAS, the work required under the certified EIR's for VTTM 14196 and 15609 and the approved IHLMP has been initiated but has not been completely implemented or accepted by the Resource Agencies; and WHEREAS, Subdivider is the owner of that certain property which is the subject of the pro- visions of the referenced IHLMP regarding the 17.6 -acre revegetation area and for which the Subdi- vider prepared a Coastal Sage Scrub revegetation plan (Attachment B), and on which Subdivider began implementing irrigation and revegetation in 2001, which work remains incomplete as to the provisions of the IHLMP; and WHEREAS, the City is the owner of the 22.6 -acre area identified in the IHLMP (Attach- ment C) for exotic vegetation control and for which the Subdivider eradicated non-native artichoke thistle in 1997, which work remains incomplete as to the provisions of the IHLMP; and WHEREAS, City, in response to litigation filed in May 1998, issued a stop work order to Subdivider, and, as a result, the monitoring and maintenance and reporting requirements under the IHLMP for the revegetation plan and the exotic vegetation removal plan were suspended and remain incomplete; and WHEREAS, Subdivider has prepared a Final Tract Map 16750 for a portion of VTTM 15609 containing the 17.6 -acre revegetation site which is the subject habitat restoration area as set forth in the approved IHLMP, and City desires assurance that Subdivider will complete the require- ments of the habitat restoration and that the provisions of that said IHLMP are fully and completely complied with, subsequent to recordation of Tract 16750; and WHEREAS, Subdivider proposes, under this agreement, a method of ensuring completion of the 1997 Special 4(d) Interim Habitat Loss Mitigation Plan, including the establishment of a trust account for the long term maintenance of the revegetation area as required under the IHLMP. NOW THEREFORE. City and Subdivider hereby agree as follows: 1. General Requirements fiahilat Restoration Proms A. Subdivider shall complete installation of the Habitat Restoration Project, consisting of irrigation and planting on the 17.6 acre area called for in the IHLMP (Attachment A) as set forth in the revegetation plan (Attachment B, as it may be amended to reflect Resource Agency approval) during the appropriate time period beginning in September 2006, and continuing until such time as the Resource Agencies have accepted the work as complete pursuant to the IHLMP. Further, City shall hold cash monies already deposited with the City by Subdivider, estimated to be in the amount of $256,250.00, to secure performance of this obligation. The estimated security amount is subject to change based upon approval by the Resource Agencies of a revegetation plan to be prepared and submitted by Subdivider. The parties agree that the final amount to be provided by Subdivider to City to ensure successful revegetation of the Habitat Restoration Area shall be the amount estab- lished by the revegetation plan approved by the Resource Agencies, and shall include a 25 percent contingency. The parties further agree that if the cost of revegetation exceeds the above stated projected cost, then Subdivider shall pay the City the additional amount required within five (5) business days of receipt of the approved number. A reduction in the amount of security held by the City shall be refunded by the City to Subdivider should the amount be less than that the above stated projected cost. B. Subdivider has caused to be prepared conservation and open space easements for the I labitat Restoration Project area, as required by the Resource Agencies under the IHLMP, as set forth on Attachment A and as articulated in the legal description(s) on Attachment D. Said easements shall be recorded upon their acceptance by City Council in conjunction with Final Tract Map 16750. Subdivider shall retain ownership of all land within the conservation and open space easements until approval of the habitat restoration work by the Resource Agencies. Pursuant to the IHLMP, this land shall remain as permanent open space and shall be owned and managed by an entity approved by the Resource Agencies. C. Subdivider shall dedicate a lump sum payment to the City upon approval of Final Tract Map No. 16750, which sum is designated for use by the City for the limited purposes of long-term management of the Habitat Restoration Project area identified in the IHLMP. The dedication pursu- ant to this subsection shall be in the amount of $367,400.00, or other amount as established by the Center for Natural Lands Management based on a Property Analysis Record (PAR). The parties agree that the final amount to be provided by Subdivider to City for long-term maintenance of the Habitat Restoration Area shall be the amount proposed by the PAR, provided that the PAR reflects the scope of work approved by the Resource Agencies. The parties anticipate that this study will be completed within approximately 60 days from the date of this Agreement. The parties further agree that if the PAR number exceeds the above -stated projected maintenance cost, then Subdivider shall post with the City the additional amount required under the PAR study within five (5) business days of receipt of the PAR number. A reduction in the amount of security held by the City shall be refunded by the City to Subdivider should the PAR amount be less than that the above stated pro- jected cost. 1). Subdivider shall cause to be prepared a report to the Resource Agencies, with a copy to the City, at the conclusion of two years of monitoring and maintenance following the installation of the revegetation plan identified in Attachment B for the Habitat Restoration Area, and shall comply with any additional requirements of the Resource Agencies based upon the condition of the revegeta- tion area at that time. E. City shall accept maintenance of the Habitat Restoration Area as identified in the IHLMP at such time that Subdivider has completed the habitat restoration work pursuant to the ILHMP and this work has been accepted by the Resource Agencies. City shall accept the dedication of a portion of this Habitat Restoration Area, identified as Lot H on Final Tract Map 16750, for public park purposes as required by the conditions of approval for VTTM 15609, at such time that the habitat restoration and revegetation work has been completed and accepted by the Resource Agencies. F. After accepting the Habitat Restoration Area for maintenance, City will perform such annual maintenance as required to maintain the area consistent with the IHLMP and, in order to perform such maintenance, will draw upon the dedicated fund established by Subdivider (to be determined by the PAR value). Exotic Velelation Control Program G. Subdivider shall reinitiate the Exotic Vegetation Control Program (Attachment C, as it may be amended to reflect Resource Agency approval) for 22.6 acres of City -owned open space during the appropriate time period beginning in August, 2006 and shall conclude said Program upon acceptance of the work by the Resource Agencies, based upon compliance with the conditions set forth in the IHLMP. City shall hold the estimated amount of $232,500.00 from funds on deposit with City by Subdivider as security to ensure performance and completion of the IHLMP Exotic Vegeta- tion Control Program and related requirements. The estimated security amount is subject to change based upon approval by the Resource Agencies of an exotic vegetation control plan to be prepared and submitted by Subdivider. The parties agree that the final amount to be provided by Subdivider to City to ensure successful exotic vegetation control of the 22.6 acres shall be the amount established by the exotic vegetation control plan approved by the Resource Agencies, and shall include a 25 percent contingency. The parties further agree that if the cost of exotic vegetation control exceeds the above stated projected cost, then Subdivider shall pay the City the additional amount required within Five (5) business days of receipt of the approved number. A reduction in the amount of security held by the City shall be refunded by the City to Subdivider should the amount be less than that the above -stated estimated cost. 11. Subdivider shall cause to be prepared annual reports and a final report to Resource Agencies with a copy to the City, during and at the conclusion of the successful implementation of the Exotic Vegetation Control Program identified in Attachment C, as required by the ILHMP. I. In conformance with the ]HEMP, if the exotic vegetation control program is unsuccessful on the 22.6 acres at the end of five years, Subdivider shall implement a revegetation plan for CSS as it was done for the 17.6 acre revegetation site. Success would be defined as complete control of exotic shrubs and meeting the stated cover percentage (at least 60%) of CSS shrub species as listed in the Pacific Point Conceptual Mitigation Plan, dated October 16, 1996. If an active control program beyond five years is needed, Sudivider shall provide monitoring until success has been obtained. Subdivider shall comply with all requirements of the Resource Agencies pursuant to the IHLMP and shall receive final acceptance by the Resource Agencies prior to release of applicable security. 2. Security Subdivider shall, at all times beginning with the execution of this agreement, guarantee Subdivider's performance of this agreement by providing City with the following cash security instruments in order to insure performance. This cash security shall be in the form of a cash hold by the City on monies already on deposit with the City, and those monies are to be entirely refundable to Subdivider upon completion of the obligations under this agreement, with respect to the following subsections a., b., and c. a. A cash security to insure performance in the amount of $181,250.00, or other amount as established by the Resource Agency -approved revegetation plan as set forth in Section I.A. above, to ensure Subdivider's commitment to complete installation of the Habitat Restoration Project and revegetation plan set forth on Attachment B and as approved by the Resource Agencies. b. A cash security to insure performance in the amount of $75,000.00, or other amount as established by the Resource Agency -approved revegetation plan as set forth in Section I.A. above, to ensure Subdivider's commitment to complete the required years of maintenance and monitoring, including annual and final report preparation, as set forth in Attachment B and as approved by the Resource Agencies. C. A cash security to insure performance in the amount of $232,500.00, or other amount as established by the Resource Agency -approved Exotic Vegetation Removal Plan as set forth in Section I.G. above, to ensure Subdivider's commitment to complete the exotic vegetation removal as set forth in the IHLMP (Attachments A and C) and as approved by the Resource Agencies. 3. Time of Completion 'I he Habitat Restoration Project (Attachment B, as it may be amended to reflect Resource Agency approval) shall be initiated in September 2006 and completed upon acceptance of the work by the Resource Agencies. The Habitat Restoration Project shall be monitored and maintained for two years upon completion of installation, or as otherwise required by the Resource Agencies. The revegetation plan shall be considered complete upon acceptance of the revegetation work by the Resource Agencies. The Exotic Vegetation Control Program (Attachment C as it may be amended to reflect Resource Agency approval) shall be initiated in August 2006, and shall be monitored and maintained for five years following the initial eradication effort, or as otherwise required by the Resource Agencies pursuant to the IHLMP. The exotic vegetation removal plan shall be considered complete upon acceptance of the work by the Resource Agencies 4. Force Majeure Notwithstanding the provisions of Section 3. Time of Completion above, Subdivider's time for completion of the revegetation plan shall be extended for the period of any enforced delay caused due to circumstances beyond the control and without the fault of Subdivider, includ- ing to the extent applicable adverse weather conditions, flood, earthquakes, strikes, lockouts, acts, or failures to act of a public agency (including the City); provided, however, that the pe- riod of any enforced delay hereunder shall not include any period longer than 30 days prior to City's receipt of written notice from Subdivider or its contractor detailing the grounds for Subdivider's claim to a right to extend its time for performance hereunder. 5. Effective Date of Agreement This Agreement shall become effective as of the date on which it is approved by the City Council. 6. Term of Agreement / Final Reports a. Subdivider shall cause to be prepared by a qualified biologist a report documenting the installation of the approved revegetation plan (Attachment B, as amended to re- flect Resource Agency approval). A separate final report shall be prepared by a quali- fied biologist to document the success of the approved exotic vegetation control pro- gram (Attachment C, as amended to reflect Resource Agency approval). The final re- ports shall be provided to the Resource Agencies for review and approval. A copy of the reports shall also be provided to the City. b. This agreement shall remain in full force and effect until otherwise mutually termi- nated by the Parties in writing. The terms of this agreement shall be considered satis- fied upon acceptance of the habitat restoration and exotic vegetation removal work by the Resource Agencies, pursuant to the ILHMP. Assignment This Agreement shall not be assignable by Subdivider without written consent of City. S. Miscellaneous Provisions a. Governing Law. The Parties hereto acknowledge that this Agreement has been negoti- ated and entered into in the State of California. Accordingly, the Parties expressly agree that this agreement shall be governed and enforced in accordance with the State of Cali- fornia. b. Time of Essence. The Parties agree that time is strictly of the essence with respect to each and every term and condition and failure to timely perform any of the terms, conditions, obligations or provisions hereof by either party shall constituter a material breach of and default under this agreement. Entire Agreement. This Agreement is the final expression of, and contains the entire agreement between the Parties with respect to the subject matter hereof and supersedes W:: 1 all prior understandings with respect thereto. This agreement may not be modified, or terminated except by written instrument signed by the parties. d. Attorney's Fees. If any action at law or in equity is necessary to enforce or interpret the terms of the agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. IN WITNESS WHEREOF, two identical counterparts of this Agreement, each of which shall for all purposes be dvemed an or.ginal thereof, have been duly executed by the Subdi- vider herein named on the f -day of 2006, the name and corporate seal of each corporate party being affixed and these prese is duly signed by its undersigned representative(s) pursuant to authority of its governing body. SJD PAR"I-NERS, LTD. A California Lim' d Partnership by ` name title CITY OF SAN JUAN CAPISTRANO by ' name David M. Swerdlin title ATTEST: Margaret R. Ibnahan, Caity Clerk Annroved as to form Pt.P .Af.a .A State of California OnS (JNC before me, pAte Mu,r em 7We Of oe Asa..' D. Homy P . personally appeared ED'W Ra M U. NU-A►d Nemo(S) of sgr+lsl personally known to me ❑ (or proved to me on the basis of satisfactory evidence) to be the person(e) whose nameMQare subscribed to the within instrument and acknow dged to me that ROSE=1E DVVIG gy executed the in i�lr authorized _ Commission * 1535739 Z -i Notary Publlo . Colllomla _ capaci (iBe), and that by signature(s}on the Orange county instrument the person(, or the entity upon behalf of My Comm. Expkes Dec 17.2008 which the person(9} acted, executed the Instrument. W�7ti my hand and official seal. Puce NOW S" Above aNmy OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Dale: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual i Corporate Officer — Title(s): _ Partner — ❑ Limited ❑ General Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: R I CHT THU M PPR I NT of SIGI&H ❑ Corporate Officer — ❑ Partner — ❑ Limited ❑ Attorney in Fact ❑ Trustee Tttle(s): ❑ General ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Tap of thumb here PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT State of California ) County of Orange ) ss. City of San Juan Capistrano ) (Gov't Code 40814 & Civil Code 1181) On July 7, 2006, before me, Margaret R. Monahan, City Clerk, personally appeared David M. Swerdlin personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. (SEAL) Capacity Claimed by Signers Mayor Title Signers are Representing City of San Juan Capistrano WITNESS my hand and official seal. 0C Monahan, City Clerk OPTIONAL Description of Attached Document Special 4(d) Interim Habitat Loss Implementation Agreement TTM 16750 Date: July 3, 2006 EXHIBIT "A" LEGAL DESCRIPTION FOR OPEN SPACE EASEMENT In the City of San Juan Capistrano, County of Orange, State of California, being those portions of Lots H and I of Tract No. 16750 as per map filed in Book , Pages through , inclusive, of Miscellaneous Maps in the office of the County Recorder of said County, described as follows: Parcel 1: Beginning at the east corner of said Lot I; thence along the northeasterly boundary of said lot, North 58°36'52" West 443.46 feet to southeasterly boundary of that certain easement shown on said tract as "an easement for emergency and public security ingress and egress, domestic/non-domestic water system and appurtenances, public utility and sanitary sewer purposes dedicated to the City of San Juan Capistrano"; thence along said southeasterly boundary and northeasterly boundary of said easement the following courses: South 28°48'27" West 585.92 feet to a tangent curve concave northwesterly having a radius of 415.00 feet, southwesterly 85.35 feet along said curve through a central angle of 11°47'00", South 40°35'27" West 102.53 feet to a tangent curve concave southeasterly having a radius of 185.00 feet, southwesterly 91.31 feet along said curve through a central angle of 28°16'50", South 12018'37" West 134.62 feet to a tangent curve concave northeasterly having a radius of 85.00 feet, southeasterly 125.99 feet along said curve through a central angle of 84°55'26" and South 72°36'49" East 135.08 feet to the southeasterly boundary of said lot; thence along said southeasterly boundary North 40°05'11" East 1022.67 feet to the Point of Beginning. Excepting therefrom the following exceptions: Exception 1: Commencing at said east corner; thence along said northeasterly boundary North 58°36'52" West 291.89 feet to the True Point of Beginning; thence continuing along said northeasterly boundary North 58°36'52" West 75.00 feet; thence leaving said northeasterly boundary South 46°40'09" West revised: June 28, 2006 May 18, 2006 W.O. 1890-15609AX Page 1 of 3 H&A LLA No. 6703 Prepared by: J. Lemejas Checked by: R. Williams/jl ATTACHMENT 10.00 feet; thence North 56°59'42" West 40.00 feet; thence South 53°40'51" West 60.00 feet; thence South 08°58'14" West 120.00 feet; thence South 28°55'58" West 145.00 feet; thence South 18045'16" East 60.00 feet; thence South 69°09'51" East 20.00 feet; thence North 83°04'00" East 50.00 feet; thence South 46°39'26" East 75.00 feet to a point hereinafter referred to as Point "A"; thence North 19°27'48" East 115.00 feet; thence North 17°47'54" West 110.00 feet; thence North 51°01'53" East 80.00 feet; thence North 24°21'23" East 80.00 feet to the True Point of Beginning. Exception 2: Commencing at hereinabove described Point "A'; thence South 45°32'50" West 81.85 feet to the True Point of Beginning; thence North 74013'42" West 40.00 feet; thence South 54°34'33" West 25.00 feet; thence South 20°07'04" West 60.00 feet; thence South 44°11'17" East 30.00 feet; thence. North 62°04'43" East 30.00 feet; thence North 30°30'09" East 40.00 feet; thence North 19°40'18" East 35.00 feet to the True Point of Beginning. Exception 3: Commencing at the southeast comer of said Lot 1; thence North 12°55'53" West 101.88 feet to the True Point of Beginning; thence North 44011'58" East 155.00 feet; thence North 43°04'50" East 120.00 feet; thence North 32°59'03" East 50.00 feet; thence North 23°13'55" East 65.00 feet; thence North 28°09'17" West 60.00 feet; thence North 31°40'17" West 35.00 feet; thence North 85°00'59" West 70.00 feet; thence South 77°07'55" West 20.00 feet; thence South 22°03'34" West 85.00 feet; thence South 53°19'31" West 30.00 feet; thence North 71°18'18" West 55.00 feet; thence South 47°10'58" West 35.00 feet; thence South 12°09'57" West 40.00 feet; thence South 06°34'47" West 60.00 feet; thence South 28°13'20" West 20.00 feet; thence South 65°12'57" West 30.00 feet; thence South 22°37'35" West 60.00 feet; thence South 01'31'40" East 40.00 feet; thence South 30°53'27" East 45.00 feet; thence South 76°15'09" East 80.00 feet to the True Point of Beginning. Parcel 2: Beginning at the northeast corner of said Lot H; thence along the easterly boundary of said lot the following courses: South 14°45'37" West 155.48 feet and South 02°29'03" West 249.38 feet to the revised: June 28, 2006 May 18, 2006 W.O. 1890-15609AX Page 2 of 3 H&A LLA No. 6703 Prepared by: J. L.entejas Checked by: R. Williams/jl southerly boundary of said lot; thence along the boundary of said lot the following courses: North 78°00'00" West 142.72 feet, South 72°00'00" West 356.66 feet, North 63°00'00" West 150.40 feet, North 15°37'47" East 73.82 feet, North 48°17'28" East 280.71 feet and North 60°26'24" East 396.72 feet to a point on a non -tangent curve concave northeasterly having a radius of 125.00 feet, a radial line to said point bears South 53°01'00" West and said curve being the southwesterly boundary of that certain easement for pipe lines purposes in favor of Southern California Gas Company recorded on February 15, 1979 in Book 13036, Pages 1155 and 1158 of Official Records of said County; thence along the boundary of said easement the following courses: southeasterly 77.73 feet along said curve through a central angle of 35°37'49" and North 17°23'11" East 10.00 feet to the northeasterly boundary of said lot; thence South 72°36'49" East 24.32 feet to the Point of Beginning. All as shown on Exhibit "B" attached hereto and by this reference made a part hereof. \,AND Rory S. illiams, L.S. No. 6654 Rory S. Williams License Expi e : Dee tuber 31, 2007 Exp. 12131107 Date: 'Z No.6654 s� �P 9 DF CA��FG�� revised: June 28, 2006 May 18, 2006 W.O. 1890-15609AX Page 3 of 3 H&A LLA No. 6703 Prepared by: J. Lemejas Checked by: R. Williams/jl EXHIBIT "B" Sketch to Accompany Legal Description I ®HUNSAKER & ASSOCIATES EASEMENT I R V I N E I I N C FOR OPEN SPACE PURPOSES PLANNING ENGINEERING SURVEYING Three Hughes • Iniie. U 93618 • PK (909) 563 1W • FX: (949) 5830)59 IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA °ATE, 5-18-06 on:E 6-27-06 .a J.LENTEJAS er° R. WILLAMS SCALE: 1°=250 W.O. 1890-15609AX FILE I:\PACIFIC P01NT\LD\6703\SHT01.dwg I H&A LEGAL No. 670,31 SHEET 1 OF 4 EXHIBIT "B" Sketch to Accompany Legal Description P.O. B. PCL.1 POINT A P.O.C. EXC. 2 C 30 D S? 13,506 T. P. O. B. H XC. . P.O.C. SOUTHEAST CORNER OF LOT I — SEE SHEET 3 PCL.3 NOTE: SEE SHEET 4 FOR LINE TABLE AND EASEMENT NOTES ®HUNSAKER & ASSOCIATES EASEMENT I R V I N E I N c FOR OPEN SPACE PURPOSES PLANNING • ENGINEERING SURVEYING Three Hughes • ft e , U 97618 • PH: (949) 503x010 • F%: (949) 581-0759 IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA DATE 5-18-06 0 TF 6-27-06 1 °sr° J.LENTEJAS er° R. WILLIAMS SCALE: 1"=150 W.O. 1890-15609AX p1LE \PACIFIC POINT\LD\6703\SHT02.dwg I H&A LEGAL No. 67031 SHEET 2 OF 4 EXHIBIT "B" Sketch to Accompany Legal Description SEE SHEET NOTE: SEE SHEET 4 FOR EASEMENT NOTES 2 ®HUNSAKER & ASSOCIATES EASEMENT I R V I N E I N c FOR OPEN SPACE PURPOSES PLANNING • ENGINEERING • SURVEYING TWr Hughes . In , U 93618 • PH: (949) 583 -IMO - M (999) 583-0759 IN THE CIN OF SAN JUAN CAPISTRANO. COUNTY OF ORANGE, STATE OF CALIFORNIA DATE, 5-18-06 onic 6-27-06 1 D.7 J.LENTEJAS ey�tl R. WILLIAMS SCALE: 1°=150' 1W.O. 1890-15609AX r'LE1:\PACIFIC POINT\LD\6703\SHT03.dwg H&A LEGAL No. 67031 SHEET 3 OF 4 EXHIBIT 1IB" Sketch to Accompany Legal Description EASEMENT NOTES: INDICATES AN EASEMENT FOR ROAD, PIPE LINES AND POWER LINES ©PURPOSES IN FAVOR OF PAUL D. HOSMAN AND IRENE T. HOSMAN, RECORDED MAY 16, 1950, IN BOOK 2014, PAGE 476, O.R. INDICATES AN EASEMENT FOR PIPE LINES PURPOSES IN FAVOR OF OSOUTHERN CALIFORNIA GAS COMPANY, RECORDED FEBRUARY 15, 1979, IN BOOK 13036, PAGES 1155 AND 1158. O.R. INDICATES AN EASEMENT FOR EMERGENCY AND PUBLIC SECURITY INGRESS AND EGRESS, DOMESTIC/NON-DOMESTIC WATER SYSTEM AND APPURTENANCES, PUBLIC UTILITY AND SANITARY SEWER OPURPOSES DEDICATED TO THE CITY OF SAN JUAN CAPISTRANO IN TRACT NO. 16750 AS PER MAP FILED IN BOOK , PAGES THROUGH , INCLUSIVE OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. INDICATES AN EASEMENT FOR MAINTENANCE OF EASEMENTS ©PURPOSES IN FAVOR OF PAUL T. CARAHER JR., ET AL, RECORDED FEBRUARY 4, 1971 IN BOOK 9537, PAGE 195 OF OFFICIAL RECORDS. I ® HUNSAKER & ASSOCIATES I EASEMENT I R V I N E IN c FOR OPEN SPACE PURPOSES PIANNING ENGINEERING SURVMNC Three Hughes • 11re. CA 93618 • PH: (949) 5631010 • M (949) 503-0759 IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA DATE: 5-18-06 o is 6-27-06awa J.LENTEJAS I eya R. WILLIAMS SCALE: 1"=200' W.O. 1890-15609AX FILE. I:\PACIFIC POINT\LD\6703\SHT04Awg I H&A LEGAL NO. 67031 SHEET 4 OF 4 LINE TABLE LINE BEARING LENGTH Li S28°55'58"W 145.00' --F2 -- - SOB°58'14"W 120.00' 13 _ S53°40'51"W _ 60-00' L4 N56°59'42"W 40.00' _ L5 S45°40'09"W 10,00' L6 N24°21'23"E 80.00' L7 1 N51°01'53"E 80.00' L8 N17°47'54"W 110.00' 19 N19°27'48"E 115.00' _ L.10 546°39'26"E 75.00' Lil N83°04'00"E S0.00' L12 S69°09'51 "E 20.00' S18°4516"E 60.00' L14 S20°07'04"W 60.00' L15 S54°34'33"W 25.00' L16 N74°13'42"W 40.00' 117 _ N19°4018"E _ 35.00' L18 N30°30'09°E 40.00' L19 N6?04'43°E 30.00' 120 S44°11'17°E 30.00' L21 N44°1158E 155.00' 1.22 N43°04'50"E 120,00' L23 N32°59'03"E 50.00' _ L'24 N23°13'55"E 65.00' L25 N28°09'17"W 60.00' L26_ N31°40'17"W 35.00' _ L27 : N85°00'59"W 70.00' L28 S77°07'55'W 20.00' L29_ S22°03'34"W 65.00' _ _ L30 1-31 _ S53°19'31"W N71°16'18"W 30'00' 55-00' 132 S47°10'58°W 35.00' 133 S12°0_9'57"W 40.00' L34 006°34'41"W 60.00' L35 S28°13'20"W 20.00' L36 5W1Y57"W 30.00' S22°37'35"W 60.00' _L37 138 S01°31'40"E 40.00' L39 S30°53'27"E 45.00' L40 S76°15'09"E 80.00' EASEMENT NOTES: INDICATES AN EASEMENT FOR ROAD, PIPE LINES AND POWER LINES ©PURPOSES IN FAVOR OF PAUL D. HOSMAN AND IRENE T. HOSMAN, RECORDED MAY 16, 1950, IN BOOK 2014, PAGE 476, O.R. INDICATES AN EASEMENT FOR PIPE LINES PURPOSES IN FAVOR OF OSOUTHERN CALIFORNIA GAS COMPANY, RECORDED FEBRUARY 15, 1979, IN BOOK 13036, PAGES 1155 AND 1158. O.R. INDICATES AN EASEMENT FOR EMERGENCY AND PUBLIC SECURITY INGRESS AND EGRESS, DOMESTIC/NON-DOMESTIC WATER SYSTEM AND APPURTENANCES, PUBLIC UTILITY AND SANITARY SEWER OPURPOSES DEDICATED TO THE CITY OF SAN JUAN CAPISTRANO IN TRACT NO. 16750 AS PER MAP FILED IN BOOK , PAGES THROUGH , INCLUSIVE OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. INDICATES AN EASEMENT FOR MAINTENANCE OF EASEMENTS ©PURPOSES IN FAVOR OF PAUL T. CARAHER JR., ET AL, RECORDED FEBRUARY 4, 1971 IN BOOK 9537, PAGE 195 OF OFFICIAL RECORDS. I ® HUNSAKER & ASSOCIATES I EASEMENT I R V I N E IN c FOR OPEN SPACE PURPOSES PIANNING ENGINEERING SURVMNC Three Hughes • 11re. CA 93618 • PH: (949) 5631010 • M (949) 503-0759 IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA DATE: 5-18-06 o is 6-27-06awa J.LENTEJAS I eya R. WILLIAMS SCALE: 1"=200' W.O. 1890-15609AX FILE. I:\PACIFIC POINT\LD\6703\SHT04Awg I H&A LEGAL NO. 67031 SHEET 4 OF 4 Map check Record: I:\PACIFIC POINT\LD\6703\MapCheck\PARCEL l.cgc Date: 06/2'7/06 3:34:52 PM Date Created: 05/12/06 3:42:57 PM By: jeanne Title: PARCEL 1 Crs Bearing Distance Northing Fasting Starting Coordinates 120613.9590 129353.4770 1. N 58°36'52" W 443.46 120844.9105 128974.9031 2. S 28°48'27" W 585.92 120331.5018 128692.5668 N 61011133" W RAD 415.00 3. +11°47'00" L= 85.35 T= 42.83 120531.4772 128328.9257 S 49°24'33" E RAD 415.00 120261.4563 128644.0665 4. S 40035127" W 102.53 120183.5976 128577.3551 S 49°24'33" E RAD 185.00 5. -28016150" L= 91.31 T= 46.61 120063.2268 128717.8395 N 77041123" W RAD 185.00 120102.6699 128537.0932 6. S 12018137" W 134.62 119971.1451 128508.3914 S 77041123" E RAD 85.00 7. -84055126" L= 125.99 T= 77.78 119953.0227 128591.4371 S 17°23'11" W RAD 85.00 119871.9062 128566.0379 8. S 72036149" E 135.08 119831.5424 128694.9462 9. N 40005111" E 1022.67 120613.9610 129353.4863 Ending Coordinates 120613.9590 129353.4770 ERROR OF CLOSURE Delta N Delta E S 77046106" W 0.010 -0.0020 -0.0093 One part in 286794 Perimeter = 2726.94 ft; Area = 357186.36 sq ft, 8.200 Acres 1 Map Check Record: I:\PACIFIC POINT\LD\6703\MapCheck\PARCEL 2.cgc Date: 05/15/06 09:42:01 AM Date Created: 05/15/06 09:06:57 AM By: jeanne Title: PARCEL 2 Crs Bearing Distance Northing Easting Starting Coordinates 119836.0091 128580.2766 1. N 72036149" W 24.32 119843.2763 128557.0678 2. S 17023111" W 10.00 119833.7332 128554.0796 N 17023'11" E RAD 125.00 3. +35037149" L= 77.73 T= 40.17 119953.0221 128591.4314 S 53°01'00" W RAD 125.00 119877.8242 128491.5801 4. S 60026124" W 396.72 119682.1085 128146.4973 5. S 48017128" W 280.71 119495.3392 127936.9375 6. S 15037147" W 73.82 119424.2488 127917.0489 7. S 63000100" E 150.40 119355.9686 128051.0563 8. N 72000'00" E 356.66 119466.1826 128390.2601 9. S 78000'00" E 142.72 119436.5095 128529.8614 10. N 02029'03" E 249.38 119685.6551 128540.6703 11. N 14045137" E 155.48 119636.0043 128580.2828 Ending Coordinates 119836.0091 128580.2766 ERROR OF CLOSURE Delta N Delta E N 52016117" W 0.008 0.0048 -0.0062 One part in 245079 Perimeter = 1917.95 ft; Area = 185919.57 sq ft, 4.268 Acres 1