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1991-0604_TROPIVILLE INC_Agreement
AGREEMENT AND GENERAL RELEASE ,oarch This Agreement dated Febrtta-ry /g , 1993 between the City of San Juan Capistrano, a Municipal corporation, (the "City") and Golden Eagle Insurance Company, a California corporation (the "Surety") is made in recognition of the following facts: A. On or about June 4, 1991, City and Tropiville, Inc. , a South Carolina corporation (the "Principal") entered into an Improvement Agreement (the "Improvement Agreement") whereby said Principal was to complete certain public and private improvements (the "Improvements") for a development in Tract 13846 located in the City of San Juan Capistrano, California. B. Thereafter, as required by the terms of the Improvement Agreement, Principal and Surety executed and delivered to the City the following surety bonds (collectively "the Bonds") . (1) Subdivision Faithful Performance Bond (Government Code §66499 . 1) No. SUR 15 02 70 in the sum of $215, 585. 00. (2) Subdivision Faithful Performance Bond (Government Code §6649. 1) No. SUR 15 02 69 in the sum of $127, 415. 00. (3) Contract Bond - California Faithful Performance - Public Work, No. SUR 15 02 67 in the sum of $2 , 000. 00. C. On or about December 2, 1992, the City declared Principal to be in default under its obligations under the Improvement Agreement and made a demand upon Surety to perform its obligations under the Bonds. D. The costs to complete the improvements will exceed the penal sum of each of the Bonds and the total penal sum of the Bonds in the aggregate. E. Surety is willing to satisfy its obligations under the Bonds by payment to City of the full penal sum of the Bonds. In consideration of the foregoing and the promises hereafter contained, the Parties agree as follows: 1. Within ten (10) business days following the execution of this agreement, Surety shall pay the sum of $345, 000. 00 to the City and said payment shall be deemed full performance by Surety of its obligations under the Bonds thereby extinguishing any and all obligations of Surety under the Bonds. 2 . The City, on behalf of itself and its officials, agents, servants, employees, representatives, stockholders, sureties, attorneys, predecessors, successors and assigns, hereby fully releases and discharges Surety and said Surety's officials, agents, servants, employees, representatives, stockholders, sureties, attorneys, predecessors, successors and assigns, from and against any and all claims, demands, actions, causes of action, obligations, cost, expenses, damages, losses and liabilities, of any kind or nature, existing, claimed to exist or hereafter acquired or which can hereafter ever arise out of or result from or in connection with any act, or error or omissions which has occurred from the beginning of time to and including the date of execution of this Agreement with respect to the Bonds, the Improvement Agreement and the Improvements. The City further agrees that it waives all rights and benefits which it now or in the future may have with respect to said claims under California Civil Code Section 1542 which provides: "A general release does not extend to claims which the creditor does not know or suspect to exist in this favor at the time of executing the release which if known by him must have materially affected his settlement with the debtor. " 3 . The City hereby agrees to defend, indemnify and hold Surety harmless from any and all claims against the Bonds which have been or may be in the future asserted against Surety by any third party. 4 . The terms of this Agreement constitute the entire Agreement between and among the Parties hereto, and inure to the benefit and bind the Parties hereto, their heirs, legatees, devisees, executors, successors, administrators and assigns, and may not be altered, amended, modified or otherwise changed in any manner except by a writing executed by the Parties hereto. 5. Each of the Parties affirms and acknowledges that it has read and fully appreciates and understands the words,terms, agreem t.sje 2 conditions and provisions of this Agreement, is fully and entirely satisfied with the same, has been represented by legal counsel of its choice in the negotiation, preparation and execution of this Agreement, has conferred with its counsel prior to the execution of this Agreement, and has executed this Agreement voluntarily and of their own free will and act. 6. Each of the parties represents and warrants that each of the persons executing this Agreement on their behalf has full and complete legal authority to do so and thereby bind the party on behalf of which this Agreement is executed by them. 7. This Agreement shall be construed in accordance with the law of the State of California, notwithstanding the operation of any conflict or choice of law statutes or decisional law to the contrary. 8 . This Agreement may be executed in one or more counterparts, each of which shall be deemed an original; abut all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, each of the Parties has executed this Agreement on the date and year written below. Dated: , 1993 GOLDEN EA LE INSURANCE COMPANY a Ca o corporation By: RO E STOWELL Vice- President - Surety Claims Dated: /gQ rch Ik , 1993 CITY OF CAPISTRANO By: ATT ST: ME5 Mayor City Clerk APPRQVED AS TOFORM: City Attorney agree t.sjc 3 IM9151 ITIM . : . . GOLDEN EAGLE INSURANCE CO. 9AN"EGO OFRDE 16-351 271 CLAIMS ACCOUNT SANWA BANK 1220 20070186 y O f17(1 1 O C HOME"OFFICE: SAN DIEGO, CALIFORNIA SANDIEGO.CALIFORNIA L U / 01 O6 In Papna'M __ Tax M Number O1 aRJHINGILANDCAAE :AFR. A ��° Cilalm Number - $umx Lass Date In• rodrC.lalmam SUR VOID AMR to DAYS 02931433 :1, G7=08-91 TRORIYICLE.- IINC. 01 :[4082 94 PAY EXACTLY *****2000DCCLARS. AND MC :GBNTS $.1000:00 TO CITY,.OV SAN:dUAN CAPISTRANO THE ORDER OF 110 200 70 L86110 1: 12 200 3 5 L 6l: 2 7 L811-0O 500110 i q a3s� GOLDEN EAGLE INSURANCE CO SA HOME OFFICE:SAN DIEGO, CALIFORNIA. SAWWW BANK z» CLAIMS.:S ACCOUNT SAN DIEGO.CALIFORNIA- �� Z U7O J . ER'/Q81fANC EIRA YNBkT Tax 10 Number Claim Number SIfWt Loss Date Insureb(Cfaimant 02931436 1 07- APR. :C2 19939 . PROOPIYILLEi 'INC. 01 IG408E 1 97 VOID AFTER 9e DAYS PAY EXACZC1f4**12741SDCCL:ARSif" SCC "OENTS TO $?127.413:00 THE CITY:OF • SAN441t o CA RDER NISTRANO OF ol • '• 110 200 70 18 9 n• 1: 1 2 200 3 5 16I: 271,&...00500ne THE FACE OF THIS DOCUMENT HAS A COLORED BACKGROUND ON WHITE PAPER OLDEN EAGLE INSURANCE CO. SAN DIEGO OFRCE27 CLAIMS ACCOUNT SANWA BANK 16-351 p OME.OFFICE:SAN DIEGO,CALIFORNIA SAN DIEGO,CA LIFORNIA 2 0 0.7 0 1 O S In Peytnatt � p1 :91WER 9 .370R#S 'DtAiN AP8. 42 141 Claim Number ISaNitf Loss Date I IneuretlfClaimant V VOID ARWM—DAYS 02931635 ;110 08-91 TRQP1VICLE. <INB. 01 :04088 96 PAY EXACTLY '***2155850CLLARSBAND7CC 'OENTS 9215585:00 TO THE sCITYs6F:SAN .JUAk 'CARISTRAXID ORDER G OF Qe::ha THE BACK Or THIS DOCUMENT CONTAINS . . AT AN ANGLE TO VIEW Ile 200 70 18811' 1: 1 2 200 3 5 161: 2 7 LB-100 50011' IG-a3si 1-Q.ru�beu� G��t• 927- 130732 -$I. .�.:`;"51$ . r RECORDED IN OFFICIAL RECORDS j OF ORANGE COUNTY,CALIFORNIA PAdd, $ 2:30 C1. P.M. MAR 41992 a Q•y �ZRecorder a _______( 1 RECORDING REQUESTED BY AND RECORDING FEES VEMPT DUE TO WHEN RECORDED RETURN TO: GOVERNMENT CnSKE SECTION 6103 City of San Juan Capistrano Office of the City Clerk 32400 Paseo Adelanto San Juan Capistrano, CA 92675 CHERY,Z JOHNSON CITY LERK Sag4uan Capistrano, California PROJECT: Tract 13846, AP #650-391-07 IMPROVEMENT AGREEMENT THIS AGREEMENT, made pursuant to the provisions of Division 2 of Title 7 of the Government Code of the State of California, by and between the City of San Juan Capistrano, a Municipal Corporation, hereinafter called the "CITY" and Tropiville, Inc., a South Carolina corporation, hereinafter called the "DEVELOPER"/whose mailing address is: owner of the property, Tropiville, Inc. C/o L. P. Barkley Associates 66 Fairlake Irvine, CA 92714 WITNESSETH : WHEREAS, the CITY has conditionally approved Tentative Tract 13846; and WHEREAS, DEVELOPER desires to postpone the installation of the public and/or private improvements for one year; and WHEREAS, in consideration of the CITY's approval of the request for postponement, DEVELOPER has agreed to provide such security as may be required by CITY to guarantee that all improvements for Tract 13846 will be installed in a timely manner. NOW, THEREFORE, in consideration of the premises and promises hereinafter contained CITY and DEVELOPER agree as follows: 1. DEVELOPER shall, at its sole cost and expense, provide and furnish all labor, materials and equipment for the installation of improvements for Tract 13846 shown on the Improvement Plans and Specifications approved by the CITY; all such plans and specifications are on file in the office of the City Engineer and are incorporated herein by reference. "Improvements" include: all off-site grading work; paving of Paseo Elegancia; construction of concrete curbs and gutters; installation of storm drainage and sanitary sewerage facilities; installation of underground conduit street lighting system; installation of all street signs; the supplying and planting of all parkway trees; grading IMPROVEMO AGREEMENT Page 2 and improvements for hiking/equestrian trails; the installation of all appurtenances; the furnishing of all engineering costs and services to do and complete said work; and to do and complete all other acts and obligations required by the CITY as condition of the approval of the project. 2. DEVELOPER shall at its sole cost and expense, provide and install all on- site water mains and appurtenances and shall provide all labor and materials to connect the same to existing mains and facilities of the Capistrano Valley Water District, in accordance with all of the requirements of said District. 3. DEVELOPER agrees to pay all applicable fees imposed by CITY's ordinance and resolutions as conditions of approval of Tract 13846 and the improvements therefor. DEVELOPER agrees to pay the following fees within 60 days of Council approval of this Agreement: Sewer, $47,475; Parks & Recreation, $52,530 and Agricultural Preservation, $7,500. 4. DEVELOPER shall provide the following surety within 60 days of Council approval of this Agreement. All sureties shall meet the requirements of Chapter 5, Division 2, Title 7 of the Government Code: (a) a faithful performance surety in the amount of $127,415 which is equal to the total estimated cost of work for improvements not to be dedicated to the CITY but inspected by CITY personnel (private street); (b) a faithful performance surety in the amount of $188,620 which is equal to the total estimated cost of work and improvements to be dedicated to the CITY (sewer and storm drain); (c) a labor and materials surety in the amount of $188,620 which is equal to the total estimated cost of work and improvements to be dedicated to the CITY securing payment to the contractor, any sub-contractors and persons providing equipment, labor and/or materials for and/or account of such improvements and a monumentation surety in the amount of $2,000 which is equal to the estimated cost for the installation of street ties for Paseo Elegancia. The surety bonds shall provide that CITY, as beneficiary, shall be entitled to attorney's fees in the event that CITY is required to bring legal action to enforce the terms of the surety. 5. The City Engineer of the City of San Juan Capistrano may make such changes, alterations or additions to the plans and specifications for said work and improvements which do not exceed ten percent (10%) of the total estimated cost set forth in paragraph 4 above, as may be determined necessary and desirable by him for the proper completion of said work and improvement or as required for the safety and welfare of the public and no such changes, alterations or additions shall relieve the DEVELOPER from the faithful performance of this agreement. 6. DEVELOPER agrees to complete all of said work and improvement and to pay all costs specified herein within a period of 365 days from the date of this agreement. If additional time is needed, an extension may be granted by the City Engineer on the showing of good cause. Any such extension shall, however, be subject to all of the terms and conditions of this agreement, and any surety or other security shall continue in full force and effect until the work and improvement has been accepted by the CITY. IMPROVEM# AGREEMENT Page 3 i ' 7. DEVELOPER agrees that CITY may, without any notice, and at its sole option, at any time after the time for completion has passed, complete, or cause to be completed, all or any part of the said work, and DEVELOPER shall pay to said CITY, upon demand, all of the cost of any of said work done by the CITY, its agents and contractors, or any of them, to complete all or any part of said work. 8. DEVELOPER agrees to pay CITY such sum as the Court may adjudge as reasonable for the legal services of any attorney representing the CITY in any action brought to enforce or interpret the obligations of this instrument, and such sum shall be made a part of any judgment in such action against the DEVELOPER if such action is determined in favor of the said CITY. 9. CITY, its officers and employees, except for their own acts shall not be liable or responsible for any accident, loss or damage happening or occurring to the improvements specified in this agreement prior to the completion and acceptance of said improvements by the CITY. 10. DEVELOPER shall perform all work in a safe workmanlike manner and shall take such precautions as may be necessary to warn and protect the public from any dangerous condition caused by the construction of said improvements. 11. DEVELOPER shall hold CITY, its officers and employees harmless from any and all claims, demands, causes of action, liability or loss of any sort because of, or arising out of, the acts or omissions of the DEVELOPER, his contractor, sub-contractors, agents or employees in the performance of this agreement. DEVELOPER shall maintain liability insurance in the amount of $1,000,000 combined single limit at all times during the life of this agreement, naming the CITY as a co-insured. 12. CITY agrees, in consideration of the promises herein made by DEVELOPER, to permit the DEVELOPER to postpone the completion of improvements for 365 days until June 4, 1992. IN WITNESS WHEREOF, the parties have executed this agreement as of Date O4INNN—H ®R_IE�, CA�RANP . ayor • AT.—TEST: ' DEVELOPER VNER) II , CHERYL 1OHNOON , City Clerk BY JOHN C. ST, JR., President TROPIVILLE, INC. APPROVED AS TO) FO TOM CLARK, Interim City Attorrfey STATE OF SOUTH CARONA COUNTY OF KERSHAW Sworn to before me this 31st day of May, 1991 by John C. West, Jr. (3 .� - &), J A lteTmry ?41//G W SC My Commission Expires May 7,.1995 CORPORATE ACKNOWLEDGMENT �! NO 202 State of c �L/�fZti//9 ISS. On this th��•mayof .7yly 19g�,before me, County of_��i�t���— C eu l 14" \,Toj6 n o_a , the undersigned Notary eublic,personally appeared personally known to me ❑ proved to me on the basis of satisfactory evidence to be the personlAwhA ety VvittY ii�nstr�-}�w+>.o, C:: "/ oryn F�eha th r�oratio�n theAreu / OFFICIAL SEAL named,and ac crVowl dged to me that thell �poration exdcuted CHERYL A. !OH'PISpN WITNESS my hand and official sell. m NOTARY PUBLIC - CALIFORNIA /J (f//,L ORYJVCE COUNTY Lr ,� ^ '��Q MY comm. expires OFC 13, 19tq /, [_ C Notary's Signature ATTENTION NOTARY:Although the information requested below is OPTIONAL,it could prevent traudAent attachment of certificate to another document. THIS CERTIRCATE Title or Type of DocumentI7�Q Y2 f MUST BE ATTACHED Number of Pages 3Date of Document Tr✓�'u- �� 9'i1 TO THE DOCUMENT // DESCRIBED AT RIGHT: Signer(s)Other Than Named Above —rwl Ur I<G 'Z I<n-- 0 NATIONAL NOTARY ASSOCIATION18M Renvnet Are.•P.O.Box 7184-Cerroga PeA,CA 913049191 CORPORATE LdACKNOWLEDGMENT N0.202 � State of so aA,L�' On this the day of19,V—, before me, SS. t2 ,YITI)Mfo_S County of ,yT, `�7�SL�(l�� , the undersigned Notary Public, personally appeared Z77_ C Impersonally known to me proved to me on the basis of satisfactory evidence ' to be the person(s)who executed the within instrument as President or on behalf of the corporation therein named,and acknowledged to me that the corporation executed It. WITNESS my hand and official seal. t9N MCPJ �� Noll Signature n20 122 NATIONAL NOTARY ASSOCIATION • 23012 Ventura Blvd. 0 P.O.Box 4625 • Woodland Hilla CA 91365-4625 1991, and examination by the City's independent auditors, Moreland and Associates, be accepted. DIRECTOR OF ENGINEERING AND BUILDING SERVICES 1. REQUEST FOR APPROVAL OF 1991-92 SERRA BUDGET (330. 50) Written Communication: Report dated June 4 , 1991, from the Director of Engineering and Building, recommending that the proposed 1991-92 SERRA Project Committee Budgets, including the City's share be approved. Approval and Allocation of SERRA Budgets for 1991-92 : It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim, and unanimously carried that the SERRA Budgets for 1991-92 , including the City's proportionate share, be approved. Staff was authorized to make the following allocations within the Sewer Enterprise Fund: Proiect Committee Amount Allocated General Fund $ 8,786 PC #2 (Plant M&O) 1, 190, 610 PC #2R (Major Plant) 16,215 PC #5 (Outfall M&O) 45, 120 PC #5R (Rehab of Ocean 506, 598 Outfall and Pumps) 2 . APPROVAL OF REQUEST FOR DEFERRAL OF FEES AND BONDS, LICENSE AGREEMENT, AND IMPROVEMENT AGREEMENT: RESOLUTION ACCEPTING EASEMENTS AND FINAL MAP, TRACT 13846, MARBELL•A CREST (BARKLEY/TROPIVILLE. INC. ) (600. 301 Writen Communications: 11 (1) Report dated June 4, 1991, from the Director of Engineering and Building, recommending that the Council approve the request for deferral of fees and bonds, the License Agreement for connection of private to public storm drains, and the Improvement Agreement for Tract 13846. (2) Revised report dated June 4, 1991, from the Director of Engineering and Building, forwarding a resolution accepting off-site easements which allow connections for public utility, storm drain, and trail use across open space Lots C and D of Tract 12954. -12- 6/4/91 0 • Approval of Deferral and Agreements and Acceptance of Easements and Final Map: It was moved by Councilman Hausdorfer, seconded by Councilman Jones, that: (1) the Engineering Development fees and bonds be deferred for 60 days to August 3 , 1991; (2) the License Agreement for the connection of private to public storm drains and the Improvement Agreement be ap- proved; (3) Final Map, Tract 13846 be approved based on the finding that the Map is in compliance with the City General Plan and the approved Tentative Map; and (4) the following Resolution be adopted approving and accepting the easements: RESOLUTION NO, 91-6-4-8 . ACCEPTANCE OF INGRESS/ EGRESS, PUBLIC UTILITY. STORM DRAIN. AND HIKING/ EQUESTRIAN TRAIL EASEMENTS FOR OFF-SITE IMPROVE- MENTS FOR TRACT 13846, MARBELLA CREST, TROPIVILLE. INC. (BARKLEY) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ACCEPTING VARIOUS EASEMENTS FOR THE OFF-SITE IMPROVEMENTS IN CONJUNCTION WITH THE DEVELOPMENT OF TRACT 13846 The motion carried by the following vote: AYES: Councilmen Jones, Hausdorfer, Buchheim, Vasquez, and Mayor Friess NOES: None ABSENT: None The Mayor and City Clerk were authorized to execute the documents for forwarding to the Orange County Recorder following payment of Engineering Development fees and submittal of bonds. ORDINANCES 1. ORDINANCE AMENDING SECTION 9-3. 611 OF TITLE 9 OF THE MUNICI- PAL CODE - "HOME OCCUPATIONS" (ADOPTION) (420.30) Written Communication: Report dated June 4, 1991, from the City Clerk, advising that the Ordinance was introduced at the meeting of May 21, 1991, -13- 6/4/91 0 AGENDA ITEM June 4, 1991 TO: Stephen B. Julian, City Manager FROM: William M. Huber, Director of Engineering & Building SUBJECT: Approval of Request for Deferral of Fees and Bonds, License Agreement, Improvement Agreement and Final Map, Tract 13846, Marbella Crest, Barkley, Tropiville, Inc. SITUATION Final Map, Tract 13846 has been reviewed and checked by the Engineering Division and is ready for City Council consideration. The map has been found to be in conformance with the Subdivision Map Act and the previously approved tentative map. All the necessary conditions of approval required prior to final map approval per Council Resolution 90-4-17-5 (attached) have been met with the exception of bond and development fee payment. The developer has requested deferral of these items per the attached letter of April 11, 1991, and as noted under Financial Considerations below. The City will hold the map until payment of said fees and bonds. Once fees and bonds are submitted, the map will be released for recordation with the County Recorder. The attached License Agreement for connection of private to public storm drains is to be approved by Council prior to the Final Map as required by the conditions of approval. The developer has entered into the attached Improvement Agreement. Guidelines for City Council review of the map are attached. CC&R's have been reviewed and approved by staff and shall be recorded concurrently with the Final Map. NOTIFICATION Per the attached notification list. COMMISSION/BOARD REVIEW, RECOMMENDATIONS The Tentative Map for this project was reviewed and approved by the ERB, Traffic and Transportation Commission, Equestrian Commission, Planning Commission and Council FINANCIAL CONSIDERATIONS All costs for processing this map have been paid. The developer's representative, L. P. Barkley, is requesting deferral of payment of Engineering Development Fees and submittal of bonding until 60 days after Council approval and recordation of the map. These fees are as follows: Sewer Capacity: $47,475 Agricultural Preservation: $7,500 Park and Recreation: $52,530 Total: $107,505 FOR CITY COUNCIL AGEN M H3k '-AGENDA ITEM • • dune 4, 1991 Page 2 The Improvement Agreement requires payment of fees and submittal of bonds within 60 days of Council approval of the map, therefore there is no monetary loss to the City associated with deferral of said fees or bonds. ALTERNATE ACTIONS 1. Approve deferral of fees and bonding, the License Agreement, the Improvement Agreement and Final Map 2. Do not approve the deferral of fees and bonding, the License Agreement, the Improvement Agreement or the Final Map. 3. Request additional information from Staff. RECOMMENDATION By motion, approve the deferral of the referenced Engineering Development fees and bonds, approve the License Agreement, the Improvement Agreement and the Final Map, Tract 13846 (Tropiville, Inc.) by determining that the map is in compliance with the City General Plan and with the approved Tentative Map. Authorize the City Engineer and City Clerk to execute the Map after payment of Engineering Development fees and submittal of Bonds. Authorize the Mayor and City Clerk to execute the Improvement Agreement and License Agreement. Direct the City Clerk to record the documents including the CC&R's. Respectfully submitted,,ed William M. Huber, P.E. WMH/RAF:cI Attachments L.&ARKLEY dt ASSOCIATES, IIT. 1500 QUAIL STREET SUITE 200 NEWPORT BEACH, CALIFORNIA 92660 TEL: (714) 955-2110 PAX: (714) 955-1112 1% 12 0 � April ll, 1991 '� RecENEU N of The Honorable Kenneth Friers APR t 5 �qol Mayor City of San Juan Capistrano t 32400 Paseo Adehmto San Juan Capistrano, CA. 92675 ; RE: Marbella Crest Estates(Vesting Tentative Tract Map 138461 Dear Mayor and Councilmen, As you are aware,the tentative approval of the Marbella Crest Estates subdivision was granted by the City Council on April 17, 1990.That approval was voted upon by the Council subsequent to over two years of processing,and extensive plan revisions and public scrutiny.Over the last six months,final plans,including the tract map,grading,improvement and water have been submitted and are being reviewed by the City Staff for final approval of the project. I believe that our commitment to the favorable design and completion of the project has been evidenced by our time expenditure,our record of cooperation with all levels of City authority and the public at large,and our financial expenditures. Thus far, more than$60,000 has been paid directly to the City of San Juan Capistrano for satisfaction of costs and fees associated with the processing and approval of the Marbella Crest project. In addition to these direct costs to the City, we have incurred more than$500,000 in engineering and other costs attributable to the design, revision and approval of the Marbella Crest plan. I am of course desirous of completing all improvement of the site as soon as possible. While the financing necessary to complete the project has been secured,a substantial portion of that funding for the development of Marbella Crest will be disbursed subsequent to record of the Final Map.I am aware that the notmal City processing practice is to have the balance of outstanding development fees paid, and all development bonds posted,prior to City Council approval of the Final Map. However,the financing schedule of the project does not provide for adequate funding prior to Final Map record l+ttooimeet the normal City Final Map requirements. I am respectfully requestu`Ig that the City Council allow the posting of performance bonds and payment of the following fees to be deferred for a maximum—oT6-0days after the approval of the Finalan Min order effectuate recordation o e map and,in turn, the full financing of the Marbella Crest development�:,ro ---- Parks and Recreation Fee: $52,530 Sewer Capacity Fee: $47,475 Agricultural Preservation Fee: $7,500 The Honorable Kenneth Friess April 11, 1991 Page Two Notwithstanding the deferment of the above fees and bond posting,please note that all fees, in excess of$65,000 ,and bonds required by the Capistrano Valley Water District will be satisfied prior to approval of the Final Map. Your consideration of this matter is greatly appreciated. Ve t ly yours, . Barkley LPB/sc cc: Steve Julian Ted Simon AGENDA ITEM June 4, 1991 TO: Stephen B. Julian, City Manager FROM: William M. Huber, Director of Engineering be Building SUBJECT: Revised Agenda Item: Approval of Request for Deferral of Fees and Bonds, License Agreement, Improvement Agreement, RESOLUTION ACCEPTING EASEMENTS and Final Map, Tract 13846, Marbella Crest, Barkley, Tropiville Inc. SITUATION After distribution of the original Agenda Item for approval of Tract 13846, Staff was informed that the off-site easements (all within Tract 12954) pertaining to the tract must be recorded concurrently with the map. The attached Resolution describes these easements which allow connections for public utility, storm drain and trail use across open space Lots C and D of Tract 12954. Lots C and D lie between Tract 13846 and Golf Club Drive, the primary access street for Tract 13846. Most utilities and storm drain systems are located within the right-of-way for Golf Club Drive . All other situations outlined in the original Agenda Item remain the same. NOTIFICATION Due to time constraints, this item was not included in the original mailing . COMMISSION/BOARD REVIEW, RECOMMENDATIONS Same as the original item. FINANCIAL CONSIDERATIONS No cost to the City by this action. ALTERNATE ACTIONS 1. Approve deferral of fees and bonding, the License Agreement, the Improvement Agreement, the Resolution accepting easements and the Final Map. 2. Do not approve deferral of fees. 3. Request additional information from Staff. AGENDA ITEM • June 4, 1991 Page 2 RECOMMENDATION By motion, approve the deferral of the referenced Engineering Development fees and bonds, approve the License Agreement, the Improvement Agreement, Resolution accepting easements and the Final Map, Tract 13846 (Tropiville, Inc.) by determining that the map is in compliance with the City General Plan and with the approved Tentative Map. Authorize the City Engineer and City Clerk to execute the Map after payment of Engineering Development fees and submittal of Bonds. Authorize the Mayor and City Clerk to execute the Improvement Agreement, License Agreement and Resolution accepting easements. Direct the City Clerk to record the documents including the CC&R's. Respectfully submitted, William M. Huber, P.E. WMH/RAF:ssg • RESOLUTION NO. 91-6-4-8 / ACCEPTANCE OF INGRESS/EGRESS PUBLIC UTILITY STORM DRAIN AND HIKING EQUES RIAN TRAIL EASEMENTS FOR OFF-SITE IMPROVEMENTS FOR TRACT 13846, MARBELLA CREST, TROPIVILLE, INC. BARKLEY A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ACCEPTING VARIOUS EASEMENTS FOR THE OFF-SITE IMPROVEMENTS IN CONJUNCTION WITH THE DEVELOPMENT OF TRACT 13846 WHEREAS, in conjunction with the construction of Tract 13846, Marbella Crest, it was necessary for the developer of said property to install certain improvements outside the boundary of Tract 13826, within Tract 12954 (Marbella); and, WHEREAS, the owner of Tract 13846 was conditioned to dedicate to the City the easements listed below in conjunction with approval of the project. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano, does hereby accept the dedication for the following: 1. Non-exclusive easements for ingress and egress and public utility purposes within Lots C and D of Tract 12954, as shown on easement Exhibits I through 5 attached hereto. 2. Non-exclusive easement for drainage purposes within Lot D of Tract 12954 as shown on Exhibit 6 attached hereto. 3. Non-exclusive easement for equestrian and hiking trail purposes within Lots C and D of Tract 12954 as shown on easement Exhibits 7 through 10 attached hereto. BE IT FURTHER RESOLVED that the City Clerk is hereby directed to forward the documents to the Orange County Recorder for recordation. PASSED, APPROVED, AND ADOPTED this 4th day Of June , 1991. ciG�/�-cam- „ I �i�•�c. ENNETH E. FRIESS, MAYOR 9TTEST: OA�� CLERK il -1- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 91-6-4-8 adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 4th day of June 1991, by the following vote: AYES: Councilmen Jones, Hausdorfer, Buchheim, Vasquez and Mayor Friess NOES: None ABSTAIN: None ABSENT: None (SEAL) CHERYL JUHNSON, CITY CLERK -2- 10ECORDING REQUESTED BY: WHEN RECORDED, MAIL TO: (Space Above Line For Recorder's Use) Assessor Parcel # EASEMENT DEED SAN JUAN CAPISTRANO, CALIFORNIA THE UNDERSIGNED GRANTOR DECLARES THAT DOCUMENTARY TRANSFER TAX IS $ 00.00. NO CONSIDERATION. FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged TROPIVII.I.E, INC., a South Carolina corporation ("Grantor"), hereby GRANTS to THE CITY OF SAN JUAN CAPISTRANO, a municipal corporation of the State of California ("Grantee"), nenexclusive easements for the purposes and over those portions of Lots C and D of Tract No. 12954, in the City of San Juan Capistrano, County of Orange, State of California, as per map filed in Book 597, Pages 1 to 34, inclusive, of Miscellaneous Maps, Records of said County more particularly described and depicted on Exhibits A, B, C, D, E, F, G, H, I and J attached hereto and by this reference incorporated herein. IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed as of the date indicated. TROP INC., a South Carolina corporation Its: , By: Its: ACCEPT BY: THE CITY OF SAN JUAN CAPISTRANO, a municipal corporation of the State of California By: Its: Dram tsw- r:teaeVsatnassoet.w STATE OF ss. COUNTY OF 0 �o_� ) On before me, the tlgdersigned, a Notary Public in and for said State, personally appeared l -e51ie 11. tk\-e�A and , personally known to me or proved to me on the basis of L�satin actory evr ence to the person(s) who executed the within instrument as t�}�Aelct[d '�-e�lese+.tnK,+rRnd , respectively, on behalf of , the corporation that executed the within instrument, and acknowledged to me that said corporation executed the within instrument pursuant to its Bylaws or a resolution of its board of directors. WITNESS my hand and official seal. µ, OFFICIAL SEAL SUSAN LOWNDGE i^ o NOTARY POUC-CAL'FORNIA (A.. ORANOE C.:BI' ar calm. Iulm APR l9, 1991 Otary c m an Or said tate (Seal) STATE OF ) S& COUNTY OF ) On before me, the undersigned, a Notary Public in and for said State, personally appeared and personally (mown to me or prove to me on the basis of satisfactory evidence to the person(s) who executed the within instrument as and , respectively, on behalf of THE CM OF SAN CAPI a mumclpal corporation that executed the within instrument. WITNESS my hand and official seal. otary Public in and for said tate (Seal) W45." tsww»t 2 r:roa'ts¢ttlolasae.rr EASEMEJ EXHIU1 I EXHIBIT G LOT 15 ACCESS BEING A )NON-EXCLUSIVE EASEMENT 30. 00 FEET WIDE FOR INGRESS AND EGRESS PUBLIC UTILITY PURPOSES OVER, UNDER, ALONG, ACROSS AND THROUGH A PORTION OF LOT "D" OF TRACT NO. 12954, IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 597, PAGES 1 THROUGH 34 INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, THE CENTERLINE OF WHICH IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT IN THE CENTERLINE OF GOLF CLUB DRIVE AT THE NORTHERLY TERMINUS OF THE COURSE NORTH 32 '42 ' 33" EAST 495. 52 FEET (NORTH 33 .34100" EAST 495. 52 FEET PER BOOK 597, PAGE 7 OF MISCELLANEOUS MAPS) ; THENCE, ALONG SAID CENTERLINE, SOUTH 32042 ' 33" WEST 97. 27 FEET; THENCE, LEAVING SAID CENTERLINE, SOUTH 57 ' 17 ' 27" EAST 28 .00 FEET TO THE SOUTHEASTERLY LINE OF SAID GOLF CLUB DRIVE, 56. 00 FEET WIDE, BEING THE TRUE POINT OF BEGINNING; THENCE, CONTINUING SOUTH 57' 17 ' 27" EAST 15.91 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHERLY, WITH A RADIUS OF 50. 00 FEET, A RADIAL TO SAID CURVE BEARS SOUTH 32 '41130" WEST; THENCE, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 74 .3611911 , AN ARC DISTANCE OF 65. 11 FEET TO THE END OF CURVE; THENCE, TANGENT TO LAST SAID CURVE, NORTH 48 .06114" EAST 70.27 FEET TO THE BEGINNING OF TANGENT CURVE, CONCAVE SOUTHERLY, WITH A RADIUS OF 50. 00 FEET, A RADIAL TO SAID- CURVE BEARS NORTH 41.53146" WEST; THENCE, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 67 '30'43" , AN ARC DISTANCE OF 58 . 92 FEET TO A POINT OF TERMINUS IN THE SOUTHEASTERLY LINE OF SAID LOT "D" , SAID SOUTHEASTERLY LINE BEARS NORTH 20' 37 ' 38" EAST (NORTH 21'31 ' 05" EAST PER BOOK 597, PAGE 7 OF MISCELLANEOUS MAPS) . THE SIDE LINES OF SAID 30. 00 FEET WIDE EASEMENT SHALL BE SHORTENED OR LENGTHENED SO AS TO TERMINATE IN THE SOUTHEASTERLY LINE OF SAID GOLF CLUB DRIVE AND THE SOUTHEASTERLY LINE OF SAID LOT "D" . �p L4NO Suq LDyc JAMES H. L.S. 5937 LICENSE EX IRES': 12-31-92 * Exp 12-31-92 BPM/JHL/DBR LIC. NO LS 5937 May 23, 1991 bs et. 14 6 �4jF OF CA�1 / / I / / • 1 • 12-31-92 1 1 1 � 1 1 v iii•��:��i O�•p��4•�•-Ii•• � i�i• •i•i•i / • •• 111•• •��•• • 1•:•1•�:�• I EASEMENT EXHIBIT #1 • EXHIBIT F i LOT 15 ACCESS ,rL_[ Fo�a� i�Y BEING A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS A05 PUBLIC UTILITY PURPOSES OVER, UNDER, ALONG, ACROSS AND THROUGH A PORTION OF LOT "D" OF TRACT NO. 12954 , IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 597 , PAGES 1 THROUGH 34 INCLUSIVE OF MISCELLANEOUS MAPS , IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A 1 1/4 INCH IRON PIPE WITH PLASTIC PLUG MARKED L.S. 5831 IN THE SOUTHEASTERLY LINE OF SAID LOT "D" AT THE NORTHERLY TERMINUS OF THE COURSE NORTH 20'37 ' 38" EAST 929 . 83 FEET (NORTH 21.31105" EAST 929. 83 FEET PER BOOK 597, PAGE 7 OF MISCELLANEOUS MAPS) ; THENCE, ALONG SAID SOUTHEASTERLY LINE, SOUTH 20037 ' 38" WEST 56. 71 FEET TO A POINT IN THE NORTHERLY LINE OF AN EASEMENT 30. 00 FEET WIDE TO THE CITY OF SAN JUAN CAPISTRANO RECORDED AS INSTRUMENT NO. RECORDS OF SAID COUNTY, BEING ALSO A POINT OF CUSP WITH A CURVE, CONCAVE SOUTHERLY, WITH A RADIUS OF 65. 00 FEET, A RADIAL TO SAID CURVE BEARS NORTH 24027 '46" EAST; THENCE, ALONG SAID NORTHERLY LINE AND ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 36009 ' 0611, AN ARC DISTANCE OF 41. 01 FEET TO THE TRUE POINT OF BEGINNING, BEING ALSO A POINT OF CUSP WITH A LINE THAT BEARS NORTH 27'06149" EAST; THENCE, ALONG SAID LINE, NORTH 27.06 '49" EAST 57. 11 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHEASTERLY, WITH A RADIUS OF 35. 00 FEET, A RADIAL TO SAID CURVE BEARS NORTH 62 °53111" WEST, THENCE, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 54030 ' 00" , AN ARC DISTANCE OF 33 .29 FEET TO THE END OF CURVE; THENCE, TANGENT TO LAST SAID CURVE, NORTH 81.36049" EAST 16. 98 FEET TO A POINT IN SAID SOUTHEASTERLY LINE OF SAID LOT "D" ; THENCE, ALONG SAID SOUTHEASTERLY LINE, NORTH 20° 37 ' 38" EAST 34 . 39 FEET; THENCE, LEAVING SAID SOUTHEASTERLY LINE, SOUTH 84'09 ' 12" WEST 2. 20 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHEASTERLY, WITH A RADIUS OF 85. 00 FEET, A RADIAL TO SAID CURVE BEARS NORTH 5'50148" WEST; THENCE, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 57 .0212301 , AN ARC DISTANCE OF 84.62 FEET TO THE END OF CURVE; THENCE, TANGENT TO LAST SAID CURVE, SOUTH 27006' 49" WEST 76. 04 FEET TO A POINT IN THE NORTHERLY LINE OF SAID EASEMENT 30. 00 FEET WIDE TO THE CITY OF SAN JUAN CAPISTRANO, RECORDED AS INSTRUMENT NO. , RECORDS OF SAID COUNTY, BEING ALSO A POINT OF CUSP WITH A CURVE, CONCAVE SOUTHERLY, WITH A RADIUS OF 65. 00 EXHIBIT F CCONT ' D) FEET, A RADIAL TO SAID CURVE BEARS NORTH 33 '40116" WEST; THENCE, ALONG SAID CURVE AND SAID NORTHERLY LINE, THROUGH A CENTRAL ANGLE OF 21058156" , AN ARC DISTANCE OF 24 . 94 FEET TO THE TRUE POINT OF BEGINNING; CONTAINING 0. 06 ACRES. W10 SUq`F` . /JAMES H. NG L.S. 5937 LICENSE EXPI ES: 12-31-92 Exp 12-31-92 1 * BPM/JHL/DBR May 23 , 1991 LIC NO LS 5937 l; set. 144 � NNp / 4�OF CAU�P EXHIBIT F �CONT ' D) ANEASEMENrFGYP/MS�PESS/EGRE95,4No �7j��,� N PIJBUC UT/L/TYR/�Pi ✓ /N LOT � 17UCr NO. /2"O, N.M. 597//-94, C/rr OF 54M W,4M CAP/- AN0, CGY/NTY OF C� ORAN6E, STATE OFCAUFMAIM. �Sip V+NO SUq� * Exp 12-31-92 LIC. NO. LS 5937 OF-At_I ! � � .. . . . . . .' L`� L J4MES H. N6,74.5. 50 7 PQ.C. / 3I RgST/C PLU6 M R E Po V OL '' �9-6500' [-Ai p/, d aro"09'p6 A. i/� EASEMENT PER \- /NSTRUMENT NO. 30.00, vrw e«M,..«+ rm SET./44 avma�n".n"�aw,cwes rsi Saaa-n� EASEMEjjT EXHIBIT #3 • PASE EOANCIA ACCESS EXHIBIT E iv BEING A NON-EXCLUSIVE EASEMENT FOR EGRESS AND INGRESS �PUBLIC UTILITY PURPOSES OVER, UNDER, ALONG, ACROSS AND THROUGH A PORTION OF LOT "D" OF TRACT NO. 12954 , IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 597, PAGES 1 THROUGH 34 INCLUS.T.VE OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT IN THE EASTERLY LINE OF SAID LOT "D" AT THE NORTHERLY TERMINUS OF THE COURSE NORTH 11003 ' 54" WEST 384 . 14 FEET (NORTH 10° 14 ' 44" WEST 384 .24 FEET PER BOOK 597, PAGE 9 OF MISCELLANEOUS MAPS) ; THENCE, ALONG SAID EASTERLY LINE, SOUTH 11°03 ' 54" EAST 162 .85 FEET TO THE TRUE POINT OF BEGINNING; THENCE, CONTINUING ALONG SAID EASTERLY LINE, SOUTH 11003 ' 54" EAST 30.76 FEET TO A POINT OF CUSP WITH A CURVE, CONCAVE SOUTHEASTERLY, WITH A RA'' "";S OF 20. 00 FEET, A RADIAL TO SAID CURVE BEARS SOUTH 16'5713 WEST; THENCE, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 33 '17'4611, AN ARC DISTANCE OF 11. 62 FEET TO THE BEGINNING CF A REVERSE CURVE, CONCAVE NORTHWESTERLY, WITH A RADIUS OF 27. 00 FEET, A RADIAL TO SAID CURVE BEARS SOUTH 50° 15 ' 53" WEST; THENCE, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 41642 '53", AN ARC DISTANCE OF 19. 66 FEET TO THE END OF CURVE; THENCE, TANGENT TO LAST SAID CURVE, SOUTH 81827 '30" WEST 69. 41 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHEASTERLY, WITH A RADIUS OF 10. 00 FEET, A RADIAL TO SAID CURVE BEARS NORTH 8032 ' 30" WEST; THENCE, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 80'5815710 , AN ARC DISTANCE OF 14 . 13 FEET TO A POINT OF CUSP WITH THE EASTERLY LINE OF GOLF CLUB DRIVE 56.00 FEET WIDE; THENCE, ALONG SAID EASTERLY LINE, NORTH 0°28 ' 33" EAST 7:: .93 FEET TO A POINT OF CUSP WITH A CURVE, CONCAVE NORTHEASTERLY, WITH A RADIUS OF 10. 00 FEET, A RADIAL TO SAID CURVE BEARS NORTH 89' 31127" WEST; THENCE, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 99'01' 03", AN ARC DISTANCE OF 17 .28 FEET TO THE END OF CURVE; THENCE, TANGENT TO LAST SAID CURVE, NORTH 81'27 '30 EAST 57. 67 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHWESTER!,Y, WITH A RADIUS OF 27. 00 FEET, A RADIAL TO SAID CURVE BEAR: NORTH 8'32 ' 30" WEST; THENCE, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 41'59 ' 59", AN ARC DISTANCE OF 19.79 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE NORTHEASTERLY, WITH A RADIUS OF 20.00 FEET, A RADIAL TO SAID CURVE BEARS SOUTH 33'27 ' 29" WEST; THENCE, ALONG SAID CURVE, c X THROUGH A CENTRAL ANGLE OF 29'07 ' 29" , AN ARC DISTANCE OF 10 . 17 FEET TO A POINT OF CUSP WITH SAID EASTERLY LINE OF SAID LOT "D" , BEING ALSO THE TRUE POINT OF BEGINNING; CONTAINING 0. 12 ACRES. H �ONC �9 ES H. �N L.S. 937 LICENSE I XPI S: 12-31-92 12-31-92 LIC.NO.LS 5937 BPM/JHL/DBR May 22 , 1991 '7'tOFCAUN\P set. 55 r ����ti JVL)i ��� j � / OT C (N/0'l444'W 384.24 PER A / 9 CT N% f v1/'03'S4 "W --- 7 e 2 3 11 NB'3230"W<fr1 A 7'jf7A r 4ZL; J�//.J\/I, F�t! c� a » a� �o "IH OT "O S -'-*-__ GOLF ©.v, --- "- CLUB m iNd9'3 �E30/. �ofRTRACT,Up� x,90/Sa �.��-4—� I TABULATED DATA EASEMENT FOR)NI!'GRESS ANlJ PURL/C NO. RAA/us SEAR. ARC/-' ST l N/1'03'54 W 30 UT/L/TYPURPOSES/At L.OT"D- TRACTNQ/2954, 110 20.00' 33'/7'46" 11 M.M. 597//-34, C/TYOFSANdUANCAP/3TRAN0, 2700' 4/•4r53" !%bb' COUNTYOFORANI STATEOFCAL/FORN/A. 10.00' 60'0857- 14.13 1VO-O 3'E 74 V 10-00' 99.'0/ O 17.28' 27.00• 4/°59'59- /9.79' 20.00' 29 07' 10.I7' — N/05— Nl0'5%45"N 15 ' It 350.00' /03358- 3 JAMES 14. 4,MG1 4.S. 5-95r LICENSE EXP1R8r5: /2-31-92 ����thuSipvr N EXHIBIT E (CONT ' D) x VTN Southwest Inn COGNOWS •�_ 11.4111 SEr 55 M23 Mste 30101 ll` c AT a� wo W WW. EASEMEIT EXHIBIT #4 EXHIBIT B AC S DRIVE LOTS 1 TO 5 r_ + BEING A NON-EXCLUSIVE EASEMENT FOR EGRESS AND INGRESS Jdgt PUBLIC UTILITY PURPOSES OVER, UNDER, ALONG, ACROSS AND THROUGH A PORTION OF LOT "C" OF TRACT NO. 12954 , IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 597, PAGES 1 THROUGH 34 INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT IN THE SOUTHEASTERLY LINE OF SAID LOT "C" AT THE NORTHERLY TERMINUS OF THE COURSE NORTH 79'53 ' 31" EAST 264. 88 FEET (NORTH 80'42122" EAST 264.81 FEET PER BOOK 597, PAGE 28 OF MISCELLANEOUS MAPS) ; THENCE, ALONG SAID SOUTHEASTERLY LINE, NORTH 28'55156" EAST 68. 18 FEET TO THE TRUE POINT OF BEGINNING; THENCE, CONTINUING ALONG SAID SOUTHEASTERLY LINE, NORTH 28'55' 56" EAST 73 .23 FEET; THENCE, LEAVING SAID SOUTHEASTERLY LINE OF SAIDLOT "C" , SOUTH 46.24 '56" WEST 108.89 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHWESTERLY, WITH A RADIUS OF 240. 00 FEET, A RADIAL TO SAID CURVE BEARS SOUTH 43 ' 35 ' 04" EAST; THENCE, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 26'00 ' 0010, AN ARC DISTANCE OF 108 .91 FEET TO THE END OF CURVE; THENCE, TANGENT TO LAST SAID CURVE, SOUTH 72'24156" WEST 49. 00 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHEASTERLY, WITH A RADIUS OF 290. 00 FEET, A RADIAL TO SAID CURVE BEARS NORTH 17 ' 35104" WEST; THENCE,. ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 6.05 '03", AN ARC DISTANCE OF 30.80 FEET TO A POINT OF CUSP WITH SAID SOUTHEASTERLY LINE OF SAID IAT "C" ; THENCE, ALONG SAID SOUTHEASTERLY LINE NORTH 79°53 ' 31" EAST 126. 15 FEET TO A POINT OF CUSP WITH A CURVE, CONCAVE NORTHWESTERLY, WITH A RADIUS OF 262 . 00 FEET, A RADIAL TO SAID CURVE BEARS SOUTH 27' 32157" EAST; THENCE, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 16°02 ' 07" , AN ARC DISTANCE OF 73 . 33 FEET TO THE END OF CURVE; THENCE, TANGENT TO LAST SAID CURVE, NORTH 46'24156" EAST 39.05 FEET TO A POINT IN SAID SOUTHEASTERLY LINE OF SAID LOT "C", BEING ALSO THE TRUE POINT OF BEGINNING; CONTAINING 0. 10 ACRES. /�p LA�NC�. �<aS E� S �SH.tO�oa AMFiS H. JdMGL.S. 5937 LICENSE EXPIRE/S: 12-31-92 I, 1 * Exp 12-31.92 i BPM/JHL/DSR LIC N0.LS 593 May 23 , 1991 set. 169 frOF CAL` = Fc iv n RECORDING REQUESTED BYFC IV 1 s n THE UNDERSIGNED AGENT HEREUY WA � 14 i CERTIFIES 11(AT THIS IS A TRUE AND WHEN RECORDED MAIL TO AND CORRECT COPY Or THE 012131P1A1.L �M EEN7 RECORDED REAL ESTATE FORECLOSURE SERVICE : ' + ti ORIGIN TOBER 23, 1992 6101 BALL ROAD, SUITE 308 "' CYPRESS, CA 90630 13y _�MELINDA BERBER E A RL ESTATE F nrCLOSURE SERVICES Spec above this line for recorder's use Title Order No. 8019144 Trustee Sale No. 10928829 Reference No. MARBELLA CREST - 4106 NOTICE OF DEFAULT AND ELECTION TO SELL UNDER DEED OF TRUST IMPORTANT NOTICE IF YOUR PROPERTY IS IN FORECLOSURE BECAUSE YOU ARE BEHIND IN YOUR PAYMENTS, IT MAY BE SOLD WITHOUT ANY COURT ACTION, and you may have the legal right to bring your account In good standing by paying all of your past due payments plus permitted costs and expenses within the time permitted by law for reinstatement of your account, which is normally five business days prior to the date set for the sale of your property. No sale date may be set until three months from the date this notice of default may be recorded (which date of recordation appears on this notice). This amount is $32, 529 . 06 as Of 10/22/92 and will Increase until your account becomes current. While your property Is in foreclosure, you still must pay other obligationssuch as insurance and taxes) required by your note and deed of trust or mortgage. If you fall to make future payments on the loan, pay taxes on the property, provide Insurance on the property, or pay other obligations as required in the note and deed of trust or mortgage, the beneficiary or mortgagee may insist that you do so In order to reinstate your account in good standing. In addition, the beneficiary or mortgagee may require as a condition to reinstatement that you provide reliable written evidence that you paid all senior liens, property taxes, and hazard insurance premiums. Upon your written request, the beneficiary or mortgagee will give you a written itemization of the entire amount you must pay. You may not have to pay the entire unpaid portion of your account, even though full payment was demanded, but you must pay all amounts in default at the time payment is made. However, you and your beneficiary or mortgagee may mutually agree in writing prior to the time the notice of sale is posted (which may not be earlier than the end of the three-month period stated above) to, among other things, (1) provide additional time In which to cure the default by transfer of the property or otherwise; or (2) establish a schedule of payments in order to cure your default; or both (1) and (2). Following the expiration of the time period referred to in the first paragraph of this notice, unless the obligation being foreclosed upon or a separate written agreement between you and your creditor permits a longer period, you have only the legal right to stop the sale of your property by paying the entire amount demanded by your creditor. To find out the amount you must pay, or to arrange for payment to stop the foreclosure, or if your property is in foreclosure for any other reason, contact: CAPITAL FINANCIAL CONSULTANTS INC. ET AL. , 30448 RANCHO VIEJO ROAD, SUITE 210, SAN JUAN CAPISTRANO, CA 92675 (714 ) 248-8800 If you have any questions, you should contact a lawyer or the governmental agency which may have Insured your loan. Notwithstanding the fact that your property Is in foreclosure, you may offer your property for sale, provided the sale Is concluded prior to the conclusion of the foreclosure. Remember, YOU MAY LOSE LEGAL RIGHTS IF YOU DO NOT TAKE PROMPT ACTION. Continued on page 2 Page i - ICAN0T^'"' Continued from page 1 10928829 NOTICE IS HEREBY GIVEN THAT: CAPITAL FINANCIAL CONSULTANTS, INC. , A CALIFORNIA CORPORATION Is the duly appointed Trustee under a Deed of Trust dated 03/15/91 , executed by TROPIVILLE INC. , A SOUTH CAROLINA CORPO , L. BARKLEY & ASSOCIATES INC. , A CALIFORNIA CORPORATIO , LES PT BARKLEY as Trustor, to secure obligations in favor of CAPITAL FINANCIAL CONSULTANTS, INC. , A CALIFORNIA CORPORATION ET AL. as Beneficiary recorded on 04/02/91 as Instrument no. 91-150517 In book N/A page ��A of Official Records in t- he 5ff cl—e of the Recorder of ORANGE ouC n�lftornia, as more fully described on said Deed of Trust. Inclu ng1 notes or the sum of 52 .000 , 000 .00 ; that the beneficial Interest under said Deed—of Trust and the obligations secured thereby are presently held by the current beneficiary; that a breach of, and default In, the obligations for which said Deed of Trust is security has occurred in that the payment has not been made of: THE INSTALLMENT OF PRINCIPAL AND/OR INTEREST WHICH BECAME DUE ON 10/05/92 AND ALL SUBSEQUENT INSTALLMENTS OF PRINCIPAL AND/OR INTEREST, ALONG WITH LATE CHARGES, FORECLOSURE COSTS, ANY MECHANICS LIENS THAT MAY BE OF RECORD, OR ADVANCES THAT BECOME DUE. IN ADDITION TO THE DEFAULT STATED ABOVE, SHOULD ANY PRIOR TAXES, LIENS, OR ENCUMBRANCES BE DELINQUENT OR BECOME DELINQUENT, OR SHOULD THE BENEFICIARY ADVANCE SUMS TO PROTECT THEIR SECURITY, SAID DELINQUENCIES MUST BE CURED AS A CONDITION OF REINSTATEMENT OR PAYOFF. A LOAN MODIFICATION OF DEED OF TRUST AND PRESERVATION OF RIGHTS AGREEMENT WAS RECORDED ON 06/01/92 AS INST. #92-364645 IN THE COUNTY OF ORANGE. That by reason thereof, the present beneficiary under such Deed of Trust has executed and delivered to said Trustee a written Declaration and Demand for Sale, and has deposited with said duly appointed Trustee such Deed of Trust and all documents evidencing the obligations secured thereby, and has declared and does hereby declare all sums secured thereby Immediately due and payable, and has elected and does hereby elect to cause the trust property to be sold to satisfy the obligations secured thereby. DATE: 10/22/92 CAPITAL FINANCIAL CONSULTANTS, INC. , A CALIFORNIA CORPORATION AS TRUSTEE AND R.E.F.S. INC. DBA REAL ESTATE FORECLOSURE SERVICES AS AGENT B �L� LIZABETH RBER, CE PRESIDENT Page 2 - (CANOTM) Continued from page 1 10928829 NOTICE IS HEREBY GIVEN THAT: CAPITAL FINANCIAL CONSULTANTS, INC. , A CALIFORNIA CORPORATION Is the duly appointed Trustee under a Deed of Trust dated 03/15/91 , executed by TROPIVILLE INC. , A SOUTH CAROLINA CORPORATION, L.P. BARKLEY & ASSOCIATES INC. , A CALIFORNIA CORPORATION, LES P. BARKLEY as Trustor, to secure obligations in favor of CAPITAL FINANCIAL CONSULTANTS, INC. , A CALIFORNIA CORPORATION ET AL. as Beneficiary recorded on 04/02/91 as instrument no. 91-150517 in book N/A page N/A of Official Records in the f ci a of the Recorder Of ORANGEouC nty, Ca ornia, as more fully described on said Deed of Trust. Inclu�3c notes or the sum of $2 ,000 . 000 . 00 ; that the beneficial Interest under said Deed T Trust and the obligations secured thereby are presently held by the current beneficiary; that a breach of, and default in, the obligations for which said Deed of Trust is security has occurred in that the payment has not been made of: THE INSTALLMENT OF PRINCIPAL AND/OR INTEREST WHICH BECAME DUE ON 10/05/92 AND ALL SUBSEQUENT INSTALLMENTS OF PRINCIPAL AND/OR INTEREST, ALONG WITH LATS CHARGES, FORECLOSURE COSTS, ANY MECHANICS LIENS THAT MAY BE OF RECORD, OR ADVANCES THAT BECOME DUE. IN ADDITION TO THE DEFAULT STATED ABOVE, SHOULD ANY PRIOR TAXES, LIENS, OR ENCUMBRANCES BE DELINQUENT OR BECOME DELINQUENT, OR SHOULD THE BENEFICIARY ADVANCE SUMS TO PROTECT THEIR SECURITY, SAID DELINQUENCIES MUST BE CURED AS A CONDITION OF REINSTATEMENT OR PAYOFF. A LOAN MODIFICATION OF DEED OF TRUST AND PRESERVATION OF RIGHTS AGREEMENT WAS RECORDED ON 06/01/92 AS INST. #92-364645 IN THE COUNTY OF ORANGE. That by reason thereof, the present beneficiary under such Deed of Trust has executed and delivered to said Trustee a written Declaration and Demand for Sale, and has deposited with said duly appointed Trustee such Deed of Trust and all documents evidencing the obligations secured thereby, and has declared and does hereby declare all sums secured thereby Immediately due and payable, and has elected and does hereby elect to cause the trust property to be sold to satisfy the obligations secured thereby. DATE: 10/22/92 CAPITAL FINANCIAL CONSULTANTS, INC. , A CALIFORNIA CORPORATION AS TRUSTEE AND R.E.F.S. INC. DBA REAL ESTATE FORECLOSURE SERVICES AS AGENT LIZABETH RBER, CE PRESIDENT - Page 2 - (CANOTD18) RECORDING REQUESTED BY THE UNDERSIGNED AGENT FIEREUY CERT INES 11 IAT TT-IIS IS A TRUE AND WHEN RECORDED MAIL TO AND CORRE,�Cj�T'C�,O,yPY Or THE REAL ESTATE FORECLOSURE SERVICES ORIGUdAL.UOCTO ERE 23 01992D 6101 BALL ROAD, SUITE 308 ON"�-" r CYPRESS, CA 90630 By— �MELINDA BERBER REAL ESTATE FORCCLOSURC SERVICES Space above this line for recorder's use Title Order No. 8019144 Trustee Sale No. 10928829 Reference No. MARBELLA CREST - 4106 NOTICE OF DEFAULT AND ELECTION TO SELL UNDER DEED OF TRUST IMPORTANT NOTICE IF YOUR PROPERTY IS IN FORECLOSURE BECAUSE YOU ARE BEHIND IN YOUR PAYMENTS, IT MAY BE SOLD WITHOUT ANY COURT ACTION, and you may have the legal right to bring your account in good standing by paying all of your past due payments plus permitted costs and expenses within the time permitted by law for reinstatement of your account, which is normally five business days prior to the date set for the sale of your property. No sale date may be set until three months from the date this notice of default may be recorded (which date of recordation appears on this notice). This amount Is $32 , 529 .06 as of 10/22/92 and will Increase until your account becomes current. While your property Is in foreclosure, you still must pay other obligations such as insurance and taxes) required by your note and deed of trust or mortgage. If you fall to make future payments on the loan, pay taxes on the property, provide Insurance on the property, or pay other obligations as required in the note and deed of trust or mortgage, the beneficiary or mortgagee may insist that you do so in order to reinstate your account in good standing. In addition, the beneficiary or mortgagee may require as a condition to reinstatement that you provide reliable written evidence that you paid all senior [Ions, property taxes, and hazard Insurance premiums. Upon your written request, the beneficiary or mortgagee will give you a written itemization of the entire amount you must pay. You may not have to pay the entire unpaid portion of your account, even though full payment was demanded, but you must pay all amounts in default at the time payment is made. However, you and your beneficiary or mortgagee may mutually agree in writing prior to the time the notice of sale is posted (which may not be earlier than the end of the three-month period stated above) to, among other things, (1) provide additional time In which to cure the default by transfer of the property or otherwise; or (2) establish a schedule of payments in order to cure your default; or both (1) and (2). Following the expiration of the time period referred to in the first paragraph of this notice, unless the obligation being foreclosed upon or a separate written agreement between you and your creditor permits a longer period, you have only the legal right to stop the sale of your property by paying the entire amount demanded by your creditor. To find out the amount you must pay, or to arrange for payment to stop the foreclosure, or if your property is in foreclosure for any other reason, contact: CAPITAL FINANCIAL CONSULTANTS INC. ET AL. , 30448 RANCHO VIEJO ROAD, SUITE 210, SAN JUAN CAPISTRANO, CA 92675 (714 ) 248-8800 r If you have any questions, you should contact a lawyer or the governmental agency which may have Insured your loan. Notwithstanding the fact that your property is in foreclosure, you may offer your property for sale, provided the sale is concluded prior to the conclusion of the foreclosure. Remember, YOU MAY LOSE LEGAL RIGHTS IF YOU DO NOT TAKE` PROMPT ACTION. Q`ontinued on page 2 /\ Page 1 - (CANOTDIAI TS# -10928829 ORDER 110: 8019144 EXHIBIT "A" MARIIELLA CREST/4106 JOAN M. 'TARLL° APIU MARSHALL 11. SACHS , TTEES FBO Santa Monica Pediatric Medical Group, 1110. Employees Pension Trust as to an undivided 4 . 500000$ inL-eresL; RUSSELL W. CARIKER AND MARGARET J . CAhlRtR, husband and wife as comnalhiL-y property ad to an Undivided 1. 5000004 interest) DLNNIS A. 1111YNL; M. D. , 'Trustee Saddleback Valley Orthopedic Medical Group Profit Sharilig Plan SegregaLed AccounL VBO Dennis A. Rhyne, 14. 0. as to an undivid- ed 2 . 5000004 interest) J . SCOTT SOUDERS, TTEE FDO J . Scott Souderd Employee ReUtement 'Trust ad to an undivided 0 . 7500004 illtere5tl JOIIN 11 . SC11U1;TZ, M. U. , TTEE P130 Johli 11. Schuetz, M. D. ; Inc. Emplbyee Behef:it 'frust as to an undivided 2 . 50000o4 interest) NANCY I . BROWN, • CudLodlan for Melissa J. Brown under Up- Ullitatm Gift to Minors Act as to an undivided 2 . 50000004 intere9t) PrTrii DAMON BROWN , IRA Account as to an undivided 2 . 5000004 interesL; BUDDY ROBERTS, 'TTEE FBO Duddy Roberts and AsdociaLed befined Benefit- Trust as to an undivided 1 . 2500004 lhtetooLl DUDDY ROBERTS ANU .VIVILNflV ROBERTS , husband and Wife hg commUniLy property as to an undivided 1 . 2500004 inter- est,' CAPITAL PIMANCIAL CONSULTANTS, INC. , a California corpo- ration as to an Undivided 80. 7500004 interest. TS# 10928829 ORDER NO: 8019144 EXHIBIT "B" LEGAL DESCRIPTION ALL OF TRACT NO. 13846 AS SHOWN ON A MAP RECORDED IN BOOK 679 , PAGES 28-33 , INCLUSIVE, OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY. EXCEPTING THEREFROM ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS RIGHTS AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN, GEOTHERMAL STEAM AND ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING, THAT MAY BE WITHIN OR UNDER SAID LAND, TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING AND OPERATING THEREFOR AND STORING IN AND REMOVING THE SAME FROM SAID LAND, OR ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR. DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN SAID LAND, OIL OR GAS. WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACES OF SAID LAND, AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF, . AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES WITHOUT, HOWEVER, THE RIGHT TO DRILL, MINE, STORE, EXPLORE AND OPERATE THROUGH THE SURFACE OF THE UPPER 500 FEET OF THE SUBSURFACE OF SAID LAND FOR ANY PURPOSE WHATSOEVER, AS RESERVED IN THE DEED RECORDED MAY 9 , 1988 AS INSTRUMENT NO. 88-215496 , OFFICIAL RECORDS . PARCEL NOS: 650-392-01 - (Lot 1) 650-392-09 - (Lot 9) 650-392-02 - (Lot 2) 650-392-10 - (Lot 10) 650-392-03 - (Lot 3) 650-392-11 - (Lot 11) 650-392-04, - (Lot 4) 650-392-12 - (Lot 12) 650-392-05 - (Lot 5) 650-392-13 - (Lot 13) 650-392-06 - (Lot 6) 650-392-14 - (Lot 14) 650-392-07 - (Lot 7) 650-392-15 - (Lot 15) 650-392-08 - (I.ot 8) 650-392-16 - (Lot 16) RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO REAL ESTATE FORECLOSURE SERVICES 6101 BALL ROAD, SUITE 308 Copy CYPRESS, CA 90630 �° lw> x..14. "`" op S ace above this line for recorder's use TIUe Order No. 8019144 Trustee Sale No. 10928829 Reference No. 4106MARBELLA APN# SEE EXHIBIT 'B' NOTICE OF TRUSTEE'S SALE YOU ARE IN DEFAULT UNDER A DEED OF TRUST DATED 03/15/91 UNLESS YOU TAKE ACTION TO PROTECT YOUR PROPERTY, IT MAY BE SOLD--AT—K—PUBLIC SALE. IF YOU NEED AN EXPLANATION OF THE NATURE OF THE PROCEEDINGS AGAINST YOU, YOU SHOULD CONTACT A LAWYER. On 02/26/93 at 9 :45 A.M. CAPITAL FINANCIAL CONSULTANTS, INC. , A CALIFORNIA CORPORATION as the duly appointed Trustee under and pursuant to Deed of Trust, Recorded on 04/02/91 as Document NO- 91-150517 Book N/A PageN/A of Official Records In the office of the Recorder of ORANGE County, California, executed by: TROPIVILLE INC. , A SOUTH CAROLINA CORPORATION, L.P. BARKLEY & ASSOCIATES INC. , A CALIFORNIA CORPORATION, LES P. BARKLEY as Trustor PLEASE SEE EXHIBIT 'A' ATTACHED HERETO AND MADE A PART HEREOF , as Beneficiary WILL SELL AT PUBLIC AUCTION TO THE HIGHEST BIDDER FOR CASH, (payable at time of sale In lawful money of the United States, by cash, a cashier's check drawn by a state or national bank, a check drawn by a state or federal credit union, or a check drawn by a state or federal savings and loan association, savings association, or savings bank specified in section 5102 of the Financial Code and authorized to do business In this state.) At: THE MAIN (NORTH) ENTRANCE TO THE COUNTY COURTHOUSE, 700 CIVIC CENTER DRIVE WEST, SANTA ANA, CA all right, title and Interest conveyed to and now held by it under said Deed of Trust in the property situated in said County, California describing the land therein: PLEASE SEE EXHIBIT 'B' ATTACHED HERETO AND MADE A PART HEREOF. [A LOAN MODIFICATION OF DEED OF TRUST AND PRESERVATION OF RIGHTS AGREEMENT WAS RECORDED ON JUNE 1, 1992 AS INSTRUMENT NO. 92-364645, OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA. ] The street address and other common designation, if any, of the real property described above is purported to be: VACANT LAND, DIRECTIONS MAY BE OBTAINED BY WRITTEN REQUEST SUBMITTED TO THE BENEFICIARY WITHIN 10 DAYS AFTER THE FIRST PUBLICATION OF THIS NOTICE AT THE FOLLOWING ADDRESS: CAPITAL FINANCIAL CONSULTANTS INC. ET AL. , 30448 RANCHO VIEJO ROAD, SUITE 210, SAN JUAN CAPISTRANO, CA 92675 The undersigned Trustee disclaims any liability for any Incorrectness of the street address and other common designation, if any, shown herein. Said sale will be made, but without covenant or warranty, expressed or Implied, regarding title, possession, or encumbrances, to pay the remaining principal sum of the note(s) secured by said Deed of Trust, with interest thereon, as provided in said note(s), advances, if any, under the terms of the Deed of Trust, estimated fees, charges and expenses of the Trustee and of the trusts created by said Deed of Trust, to-wit: $2 , 196,748. 13 Estimated Accrued Interest and additional advances if any,will increase this figure prior to sale. The beneficiary under said Deed of Trust heretofore executed and delivered to the undersigned a written Declaration of Default and Demand for Sale, and a written Notice of Default and Election to Sell. The undersigned caused said Notice of Default and Election to Sell to be recorded in the county where the real property is located and more than three months have elapsed since such recordation. DATE: 01/26/93 CAPITAL FINANCIAL CONSULTANTS, INC. , A CALIFORNIA CORPORATION AS TRUSTEE C/O REAL ESTATE FORECLOSURE SERVICES 6101 BALL ROAD, SUITE 308 CYPR , 90630 phJone Nu er: (714 ) 821-3071 By: "), HAYN L.rKENDALL, PRE IDS NOSA02) EXHIBIT B (CONT ' � • T ` 1 1 4N EASEMENT FOR INGRESS/EGRESS AAtO tp, ' cum ic4u71L/ner-vfMSES/NLOT"C; 1 h ^\ *RACTNO. 12954, M.M 597//-341 CITY 2FBAN JUAN CAP/3TRAN0, COUNTY OF 7RANSE, SWEOF CAL IFORN/A. g� h \00 , t � v Ira � �•6 po5'p gp' \ G 26a 8 M•�• �� D` vx2122' N� \0 • I 1 _.? / `t Exn 12.3 (/AMEs . 40AAG L.S. 5937 \ LZ NO l5 5937 L/CEN3EEX)v/RES: /2-3/-02 VTN 8ouMw9ut he. CAU aIumis PLAW41S-9%TK S SEpT�Ip6° M=wa1 SOMp10 Fu AY 9110 Sao W MEW. C1 92121 (919)1 994= EASEMENT EXHIBIT #5 REALIGNED EMERGE ACCESS/PUBLIC UTILITY EXHIBIT A _Ca BEING A NON—EXCLUSIVE EASEMENT FOR EGRESS AND INGRESS PUBLIC UTILITY PURPOSES OVER, UNDER, ALONG, ACROSS AND THROUG A PORTION OF LOT "C" OF TRACT NO. 12954 , IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 597 , PAGES 1 THROUGH 34 INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT IN THE SOUTHEASTERLY LINE OF SAID LOT "C" AT THE SOUTHERLY TERMINUS OF THE COURSE NORTH 52 ' 06 ' 53" EAST 840. 34 FEET (NORTH 53 °05113" EAST 840. 34 FEET PER BOOK 597 , PAGE 29 OF MISCELLANEOUS MAPS) ; THENCE, ALONG SAID SOUTHEASTERLY LINE, NORTH 52 '06 ' 53" EAST 166.88 FEET TO THE TRUE POINT OF BEGINNING, BEING ALSO A POINT OF CUSP WITH A CURVE, CONCAVE SOUTHWESTERLY, WITH A RADIUS OF 25. 00 FEET, A RADIAL TO SAID CURVE BEARS SOUTH 37'53 ' 07" EAST; THENCE, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 164.2314411 , AN ARC DISTANCE OF 71.73 TO THE END OF CURVE; THENCE, TANGENT TO LAST SAID CURVE, SOUTH 67 .43109" WEST 15. 56 FEET TO THE BEGINNING OF A CURVE, CONCAVE SOUTHEASTERLY, WITH A RADIUS OF 160. 00 FEET, A RADIAL TO SAID CURVE BEARS NORTH 22 ' 16151" WEST; THENCE, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 11'48 ' 58" , AN ARC DISTANCE OF 33 .00 FEET TO THE END OF CURVE, BEING ALSO A POINT IN THE SOUTHEASTERLY LINE OF AN EASEMENT 30. 00 FEET WIDE PER SAID MAP OF TRACT NO. 12954, BOOK 597 , PAGES 1 THROUGH 34 OF MISCELLANEOUS MAPS; THENCE, ALONG SAID SOUTHEASTERLY LINE OF SAID EASEMENT, SOUTH 55'54110" WEST 106. 81 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHERLY, WITH A RADIUS OF 65.00 FEET, A RADIAL TO SAID CURVE BEARS SOUTH 34'05' 50" EAST; THENCE, CONTINUING ALONG THE SOUTHEASTERLY AND SOUTHWESTERLY LINE OF SAID EASEMENT, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 82' 37116" , AN ARC DISTANCE OF 93 .73 FEET, TO THE END OF CURVE; THENCE, TANGENT TO LAST SAID CURVE, CONTINUING ALONG SAID SOUTHWESTERLY LINE OF SAID EASEMENT, NORTH 41'28 '34" WEST 7. 09 FEET TO A POINT IN THE SOUTHEASTERLY LINE OF VIA FESTIVO AS SHOWN ON SAID MAP OF TRACT 12954; THENCE, ALONG SAID SOUTHEASTERLY LINE OF VIA FESTIVO, NORTH 49'07 '43" EAST 15. 00 FEET TO THE BEGINNING OF A CURVE, CONCAVE NORTHWESTERLY, WITH A RADIUS OF 100. 00 FEET, A RADIAL TO SAID CURVE BEARS SOUTH 40052 ' 17" EAST; THENCE, ALONG SAID CURVE AND SAID SOUTHEASTERLY LINE, THROUGH A CENTRAL ANGLE OF 3 '40 '04" , AN ARC DISTANCE OF 6.40 FEET TO THE END OF CURVE; THENCE, TANGENT TO LAST SAID CURVE AND CONTINUING ALONG SAID SOUTHEASTERLY LINE OF SAID VIA FESTIVO, NORTH 45027 ' 39" EAST 8.61 FEET TO A POINT IN THE NORTHWESTERLY LINE OF SAID EASEMENT 30. 00 FEET WIDE PER SAID MAP OF TRACT NO. 12954 ; THENCE, ALONG SAID NORTHWESTERLY LINE, SOUTH 41°28 ' 34" EAST 7. 53 FEET TO THE BEGINNING OF A CURVE, CONCAVE NORTHERLY, WITH A RADIUS OF 35. 00 FEET, A RADIAL TO SAID CURVE BEARS SOUTH 48'31'26" WEST; THENCE, ALONG SAID CURVE AND CONTINUING ALONG SAID NORTHWESTERLY LINE, THROUGH A CENTRAL EKH1617 ;, -CONT ' Di • ANGLE OF 82 ' 37 ' 16" , AN ARC DISTANCE OF 50.47 FEET TO THE END OF CURVE; THENCE, TANGENT TO LAST SAID CURVE AND CONTINUING ALONG SAID NORTHWESTERLY LINE OF SAID EASEMENT, NORTH 55'54 ' 10" EAST 106. 81 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY, WITH A RADIUS OF 65.00 FEET, A RADIAL TO SAID CURVE BEARS NORTH 34°05 ' 50" WEST; THENCE, CONTINUING ALONG SAID NORTHWESTERLY LINE, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 10' 11149" , AN ARC DISTANCE OF 11. 57 FEET TO THE END OF CURVE; THENCE, TANGENT TO LAST SAID CURVE AND LEAVING SAID NORTHWESTERLY LINE OF SAID EASEMENT, NORTH 65.56148" EAST 43 .72 FEET TO THE BEGINNING OF A CURVE, CONCAVE SOUTHWESTERLY, WITH A RADIUS OF 50. 00 FEET, A RADIAL TO SAID CURVE BEARS NORTH 24 '03 ' 12" WEST; THENCE, ALONG SAID CURVE, THROUGH A FNTRAL ANGLE OF 110'13 ' 269t, AN ARC DISTANCE OF 96. 19 FEET TO POINT IN SAID SOUTHEASTERLY LINE OF SAID IAT "C" ; THENCE, ALONG SAID SOUTHEASTERLY LINE, SOUTH 52 '06153" WEST 44 . 42 FEET TO THE TRUE POINT OF BEGINNING; CONTAINING 0.21 ACRES. VENO H �Oti o� C JAZ ES H. , NG L.S. 5937 LICENSE EXPI S: 12-31-92 ( l yr E.V 12-31-92 BPM/JHL/DBR LIC NO L55937 May 22, 1991 �p set. 173 \�TFOFC�UFOpj/ EXHIBIT A (CONTIO) AV 40 41 a goo �• ti� p rZ'r , R •02�� d� gyp• �A aA�y�i � /ably-P 0, , J b. INA L•At 0 p, 011 / �Q0Z1�V" {� .41 ��ia"L•9373 0 �b y3� " g�tJw� , l `� 65.00' 30'EX/ST/NG Eti1E-f6ewYACCESS f-ASEMENTPIT MA0rNO. /2954, = OV� MM. 56711-34 P.D.0 � G 0 �E TN% AN EASEMENT FOR/NGRESSIEGRESS Avl7 PU,eL/C UT/L/TYPURPoSES/N LOT"Co TRACTNO. 12954, M.M. 5971/-34, C/TY OF SAN d[/AA/ CAP/S MAA10, COUNT Y OF ORANGE, BTATEOFCAL/PORN/A. �Ep 1Ah�S;;p�F �NC ' * Exp 12-3 1 , �JL NO W 593'/,// AMES LON, L.S. 6937 L/CENSE EXP/RES /2-3/-92 VTN Soutl,w*Cl. NC. a«o,: .w«o.: >„<v ,: 13,11 rsu SOAI TO POW... WN 3W s." WW, c. mn (419) 91-2 sToRM 6A EASEMWDRAIN T EXHIDJACENT BIT A #b EXHIBIT J BEING A ?ION-EXCLUSIVE EASEMENT FOR DRAINAGE PURPOSES OVER, UNDER, ALONG, ACROSS AND THROUGH A PORTION OF LOT "D" OF TRACT NO. 12954 , IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 597, PAGES 1 THROUGH 34 INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT IN THE EASTERLY LINE OF SAID LOT "D" AT THE NORTHERLY TERMINUS OF THE COURSE NORTH 11° 03 ' 54" WEST 384 . 14 FEET (NORTH 10.14144" WEST 384 . 24 FEET PER BOOK 597 , PAGE 9 OF MISCELLANEOUS MAPS) ; THENCE, ALONG SAID EASTERLY LINE, SOUTH 11003 ' 54" EAST 138. 22 FEET TO THE TRUE POINT OF BEGINNING; THENCE, CONTINUING ALONG SAID EASTERLY LINE, SOUTH 11'03 '54" EAST 24 . 63 FEET; THENCE, LEAVING SAID EASTERLY LINE, NORTH 65'20 ' 36" WEST 137. 02 FEET TO A POINT ON THE CENTER LINE OF GOLF CLUB DRIVE 56. 00 FEET WIDE; THENCE, ALONG SAID CENTER LINE, NORTH 0'28133" EAST 21.92 FEET; THENCE, LEAVING SAID CENTER LINE, SOUTH 65'20 ' 36" EAST 131. 61 FEET TO SAID EASTERLY LINE OF SAID IAT "D" , BEING ALSO THE TRUE POINT OF BEGINNING; CONTAINING 0. 06 ACRES. �NSE1J lAN S(/q`Fv � / JAMES H. G L.S. 5937 LICENSE EXPILS: 12-31-92 * Exp. 12.31-92 BPM/JHL/DBR LIG NC c 4GJO May 22 , 1991 set. 167 A OF CAO; % EXHIBIT—J CCCNV D) �NSEC IANC $Up'EV 2O'EASEMENTFOR 0,?A/NAGE PURPOSES �* Exp, 12-31-92 IN LOT "I7 ; T,PACTNO• /2954, MM. 597/ 1 1- 34, CIT Y OFSAA/c/UAN CAP/STRANO, \ LIC NO LS 5937 COUNTY OF ORANGE, STA TEOFCALIFORAI/A- �P N "X H. NG L.S. 5937 L/CENSE E P/RES: /2-3I-92 0 T furl C 7- NJ, p i\/L i\il, 5 D.2/0- -J /-POC• T./ •Q•�•� L 0 � ��� rNJO•I4'44'fY.3B;'�4,tv7,vACTNO.!?954, MM 597/J 34W144 '— NIf'03'S4'W 22/.29' ---�'— �___ 138.22' 07 b� �•' •�;tia J Oft Al 45�.fTRalCTpp `?OT45�"�. — -�--•_ YTH a. souln•••t.t Ine. &Ol(�I pl :•nM�l.al-:vK,o•S 5E7�j.pI�6p7/ ton MRA SpMITO P. WAY SLl[ ]00 SMI COEM G Orr (,IfK10-�1.2 J'rJ��3B'd)f • EXHIBIT G EASEMAIT EXHIBIT #7 TRAIL ADJACENT TO MAURER BEING A NON-EXCLUSIVE EASEMENT FOR EQUESTRIAN AND HIKING TRAIL PURPOSES OVER, UNDER, ALONG, ACROSS AND THROUGH A PORTION OF LOT "D" OF TRACT NO. 12954, IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 597 , PAGES 1 THROUGH 34 INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A 1 1/4 INCH IRON PIPE WITH PLASTIC PLUG MARKED L.S. 5831 IN THE SOUTHEASTERLY LINE OF SAID LOT "D" AT THE NORTHERLY TERMINUS OF THE COURSE NORTH 20'37 ' 38" EAST 929 . 83 FEET (NORTH 21'31' 05" EAST 929. 83 FEET PER BOOK 597, PAGE 7 OF MISCELLANEOUS MAPS) ; THENCE, ALONG SAID SOUTHEASTERLY LINE, NORTH 20' 37 ' 38" EAST 28 .96 FEET TO THE TRUE POINT OF BEGINNING; THENCE, CONTINUING ALONG SAID SOUTHEASTERLY LINE, NORTH 20' 37 ' 38" EAST 82 . 46 FEET TO A POINT OF CUSP WITH A CURVE, CONCAVE NORTHWESTERLY, WITH A RADIUS OF 80. 00 FEET, A RADIAL TO SAID CURVE BEARS SOUTH 69'22 '22" EAST; THENCE, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 27 .151581' , AN ARC DISTANCE OF 38 .07 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE SOUTHEASTERLY, WITH A RADIUS OF 100. 00 FEET, A RADIAL TO SAID REVERSE CURVE BEARS NORTH 42'06 '24" WEST; THENCE, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 27. 15158" , AN ARC DISTANCE OF 47 .59 FEET TO A POINT IN THE NORTHERLY LINE AN EQUESTRIAN EASEMENT 60.00 FEET WIDE AS SHOWN ON MAP OF TRACT NO. 12954 FILED IN BOOK 597, PAGES 1 THROUGH 34 INCLUSIVE OF MISCELLANEOUS MAPS; THENCE, ALONG SAID NORTHERLY LINE, SOUTH 69022 ' 22" WEST 20. 00 FEET TO A POINT IN SAID SOUTHEASTERLY LINE OF SAID IAT "D", BEING ALSO THE TRUE POINT OF BEGINNING; CONTAINING 0. 02 ACRES. LMO -2 - 9/ H S JAMES H. 1,WNG L.S. 5937 LICENSE EXPIRES: 12-31-92 * Exp. t2.3t-92 yt BPM/JHL/DBR UC.NO LS 5437 May 23, 1991 set. 14 5 ?ktOFCA`t�PN�P EXHIBIT G (CONT ' D) • Ail EASEMENT FOR 5&A 5TR,64N ANO H/K/N6 7r .411s /N LOT r)WrA/O. 12J94, M.M. 597/1-94, O rY Of-44N TUAAI C4Pi5TRAA10, CaWrY OF ORAitdgE, ✓TATE aceAUFORN/A. SFo LAND SuP�,FT'�J w N r _ ES H ` Exp 12-31-92 * \� LIC NO. LS 593 OFA \ :►� JAMES . L NG, L.S. 5J37 t i� j I-/CEASE EXIME5 12-31-92 >) \h V :t;:i::::; x`; ?•"" �cr /�) �� z, / T.P. O.S. , a� EX577A16 F"tEvTtfoFX ti l TRACT NO. 12954, g"1 M.M. 597/134. ^ § P.O.C. "/,PAVRcW A//Thl AUST1C PW49 MARKEOL.S 9Q'J/ VTM sown...c bVIL SET.M5 mm VR.faOf10.4. T s K M sW OEM G OZ21 (Ml) >".: EASEMEPq EXHIBIT #8 TRAIL WEST ELEGANCIA EXHIBIT I BEING A NON-EXCLUSIVE EASEMENT FOR EQUESTRIAN AND HIKING TRAIL PURPOSES OVER, UNDER, ALONG, ACROSS AND THROUGH A PORTION OF LOT "D" OF TRACT NO. 12954 , IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 597 , PAGES 1 THROUGH 34 INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT IN THE SOUTHEASTERLY LINE OF SAID LOT "D" AT THE NORTHERLY TERMINUS OF THE COURSE NORTH 20' 37 ' 38" EAST 609 . 97 FEET (NORTH 21' 31 ' 05" EAST 611. 10 FEET PER BOOK 597, PAGE 9 OF MISCELLANEOUS MAPS) ; THENCE, ALONG SAID SOUTHEASTERLY LINE, SOUTH 20037 ' 38" WEST 80.43 FEET TO THE TRUE POINT OF BEGINNING, BEING ALSO A POINT OF CUSP WITH A CURVE, CONCAVE WESTERLY, WITH A RADIUS OF 240. 00 FEET, A RADIAL TO SAID CURVE BEARS NORTH 87004115" EAST; THENCE, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 1'43127" , AN ARC DISTANCE OF 7 . 22 FEET TO THE END OF CURVE; THENCE, TANGENT TO LAST SAID CURVE, NORTH 4 ' 39 ' 11" WEST 103 .23 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHEASTERLY, WITH A RADIUS OF 315. 00 FEET, A RADIAL TO SAID CURVE BEARS SOUTH 85'20149" WEST; THENCE, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 19°32 ' 50", AN ARC DISTANCE OF 107 ,47 FEET TO A POINT OF CUSP WITH SAID SOUTHEASTERLY LINE OF SAID LOT "D" ; THENCE, ALONG SAID SOUTHEASTERLY LINE, NORTH 11' 03 '54" WEST 41. 07 FEET; THENCE, LEAVING SAID SOUTHEASTERLY LINE, SOUTH 20036 ' 49" WEST 3 .56 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHEASTERLY, WITH A RADIUS OF 335. 00 FEET, A RADIAL TO SAID CURVE BEARS NORTH 69023111" WEST; THENCE, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 25.52131", AN ARC DISTANCE OF 151. 29 FEET TO THE END OF CURVE; THENCE, TANGENT TO LAST SAID CURVE, SOUTH 4'39111" EAST 103 .23 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHWESTERLY, WITH A RADIUS OF 220. 00 FEET, A RADIAL TO SAID CURVE BEARS SOUTH 85'20149" WEST; THENCE, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 25' 16' 50" , AN ARC DISTANCE OF 97.07 FEET TO A POINT OF CUSP WITH SAID SOUTHEASTERLY LINE OF SAID LOT "D" ; THENCE, ALONG SAID SOUTHEASTERLY LINE NORTH 20'37 '38" EAST 95.92 FEET TO THE TRUE POINT OF BEGINNING; CONTAINING 0. 12 ACRES. -JAMES H. NG,% L.S. 5937 >° 4c,\ LICENSE EXPIRES: 12-31-92 i 1' I i l BPM/JHL/DBR i May 22, 1991 set. 166 ' EXHIBIT I (C • R 14) �C W AN EASEMENT FOREQUESTR/ANAN1C H/K/NG YglfZO_41XLfi TRA/L. PURPOSES/N L OT 'V', 71?ACT MQ/295 M.M• 597/1-34, C/TYOFSAN JUAA( n ;;,:iA , CAP/9TRANO, COUNTYOFORANGE) STATE � �� S I 201 OF CAL/PORN/A. p UwD S�•u i-- y) '* UP 12-31.92 At ! �) elf. LIC N0 LS 593' NB?°04'/5 E<RJ of 91 JAMES M-Z-ONG/t ��- L/CENSEEXP/RES: /2-31-92 o� O � r � vrn 9outhwes14 Inc. aatais Rwaas e+..cm+s sir /6�1 J"'5B38-[ IMS YVA SM"M PWWAr SM 30 sw s °ac.+. .+:t _ enu a x s EASEMWT EXHIBIT #9 EXHIBIT H TRAIL EAST ELEGAMCIA BEING A NON-EXCLUSIVE EASEMENT FOR EQUESTRIAN AND HIKING TRAIL PURPOSES OVER, UNDER, ALONG, ACROSS AND THROUGH A PORTION OF LOT "D" OF TRACT NO. 12954 , IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 597 , PAGES i THROUGH 34 INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEASTERLY CORNER OF SAID LOT "D" ; THENCE, ALONG THE EASTERLY LINE OF SAID LOT "D" SOUTH 11°03 ' 54" EAST 0. 22 FEET TO THE TRUE POINT OF BEGINNING; THENCE, CONTINUING ALONG SAID EASTERLY LINE, SOUTH 11.03154" EAST 66. 25 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE EASTERLY, WITH A RADIUS OF 130. 00 FEET, A TANGENT TO SAID CURVE BEARS SOUTH 82157158" WEST; THENCE, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 8'031431', AN ARC DISTANCE OF 18. 29 FEET TO A POINT ON SAID EASTERLY LINE OF SAID LOT "D" , A RADIAL TO SAID CURVE BEARS SOUTH 74 '54 ' 15" WEST; THENCE, LEAVING SAID CURVE AND CONTINUING ALONG SAID EASTERLY LINE, SOUTH 11'03 ' 54" EAST 66.35 FEET TO A POINT OF CUSP WITH A CURVE, CONCAVE SOUTHWESTERLY, WITH A RADIUS OF 40. 00 FEET, A RADIAL TO SAID CURVE BEARS NORTH 51'53 ' 19" EAST; THENCE, LEAVING SAID EASTERLY LINE OF SAID IAT "D",ALONG SAID CURVE, THROUGH A CENTRAL ANGLE CF "29 ' 33" , AN ARC DISTANCE OF 1. 74 FEET TO THE BEGINNI" P A REVERSE CURVE, CONCAVE NORTHEASTERLY, WITH A R. 3F 150. 00 FEET, A RADIAL TO SAID CURVE BEARS SOUTH 49.23 .u" WEST; THENCE, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 59.42 ' 39"1 AN ARC DISTANCE OF 156. 32 FEET TO THE TRUE POINT OF BEGINNING, A RADIAL TO SAID CURVE BEARS NORTH 70'53136" WEST; CONTAINING 0. 05 ACRES. «SES �4NC$U,4, AM S H. G L.S. 5937 LICENSE EXPIRES: 12-31-92 i BPM/JHL/DBR _ !.0 '.s 5a'1" May 22, 1991 set. 165 •. EXHIBIT H (CONT * ANEASEMENTFORE(PUESTR/ANAND VIONG TRAIL PURPOSES /N LOT "D- TRACT NO. /2954, M M. 59711-34, C/T>'OFSANJUAN CAP/STRANO, COUNTY OF ORANGE, STATE OF CAL/FORN/A. ENSEO LAND Sly` V F i * Exp 12.31.92 UC NO LS 5937 CAUJ TABULATED DATA NO. RADIUSI d 113EAR. ARC10/S z l — A111°03'54"W 0.22' Z3 2 130.00' B°03'43" 13. 29 LICE ' AME LO L. S. 5937 3 40.00' Z"29'33" 1. 74' EXP ES: /2-3l-92 7-)?A C 7 �z IN Jvo, J2901-41 L07-\%Z \; I'0 T.P.0.3•� I � OQ100 � '.t ' ry L; ^. �(/•2 / \ 966ZZF�/i , (Ato a u VTN southwoot. Inc. ao.m,s • s s ,C. s SET./65 m» .s�. rauam .. 11 sort rm s.r ocm. c. n.r, nn so-n„ J'f5638, ! EASEMEW EXHIBIT # 10 EXHIBIT C TRAIL OOLDENRIDQE TO CANTABRIA BEING A NON-EXCLUSIVE EASEMENT FOR EQUESTRIAN AND HIKING TRAIL PURPOSES OVER, UNDER, ALONG, ACROSS AND THROUGH A PORTION OF LOT "C" OF TRACT NO. 12954 , IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 597 , PAGES 1 THROUGH 34 INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT IN THE SOUTHEASTERLY LINE OF SAID LOT "C" AT THE NORTHERLY TERMINUS OF THE COURSE NORTH 28 ' 55 ' 56" EAST 373 . 97 FEET (NORTH 29047 ' 38" EAST 373 .86 FEET PER BOOK 597 , PAGE 9 OF MISCELLANEOUS MAPS) ; THENCE, CONTINUING ALONG SAID SOUTHEASTERLY LINE, NORTH 52 '06 ' 53" EAST 218. 60 FEET TO THE TRUE POINT OF BEGINNING; THENCE, CONTINUING ALONG SAID SOUTHEASTERLY LINE, NORTH 52'06 ' 53" EAST 24 . 13 FEET; THENCE, LEAVING SAID SOUTHEASTERLY LINE OF SAID LOT "C" , NORTH 71'53 '45" WEST 22. 66 FEET; THENCE, SOUTH 58052133" WEST 66. 52 FEET; THENCE, SOUTH 47'55 ' 56" WEST 101.99 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHEASTERLY, WITH A RADIUS OF 310. 00 FEET, A RADIAL TO SAID CURVE BEARS NORTH 42 ' 04104" WEST; THENCE, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 19'00' 00" , AN ARC DISTANCE OF 102 .80 FEET TO THE END OF CURVE; THENCE, TANGENT TO LAST SAID CURVE, SOUTH 28 '55156" WEST 137. 00 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHWESTERLY, WITH A RADIUS OF 160. 00 FEET, A RADIAL TO SAID CURVE BEARS SOUTH 61'04104" EAST; THENCE, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 26003 ' 34" , AN ARC DISTANCE OF 72 . 77 FEET TO THE END OF CURVE; THENCE, TANGENT TO LAST SAID CURVE, SOUTH 54'59 ' 29" WEST 107. 40 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHEASTERLY, WITH A RADIUS OF 170. 00 FEET, A RADIAL TO SAID CURVE BEARS NORTH 35000 ' 31" WEST; THENCE, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 10'04 ' 3490 , AN ARC DISTANCE OF 29.90 FEET TO THE END OF CURVE; THENCE, TANGENT TO LAST SAID CURVE, SOUTH 44 '54156" WEST 34 .84 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHWESTERLY, WITH A RADIUS OF 35.00 FEET, A RADIAL TO SAID CURVE BEARS SOUTH 45'05104" EAST; THENCE, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 27'30 '00", AN ARC DISTANCE OF 16.80 FEET TO THE END OF CURVE; THENCE, TANGENT TO LAST SAID CURVE, SOUTH 72024156" WEST 49. 00 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHEASTERLY, WITH A RADIUS OF 310. 00 FEET, A RADIAL TO SAID CURVE BEARS NORTH 17'35' 04" WEST; THENCE, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 17006 '01", AN ARC DISTANCE OF 92 . 52 FEET TO A POINT OF CUSP WITH THE SOUTHEASTERLY LINE OF SAID LOT "C" ; THENCE, ALONG SAID SOUTHEASTERLY LINE NORTH 79 '53 ' 31" EAST 60.94 FEET TO A POINT OF CUSP WITH A NON- TANGENT CURVE CONCAVE SOUTHEASTERLY WITH A RADIUS OF 290. 00 FEET, A RADIAL TO SAID CURVE BEARS NORTH 23 '40107" WEST; THENCE, LEAVING SAID SOUTHEASTERLY LINE OF SAID IAT "C" , ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 6' 05 ' 0311 , AN ARC DISTANCE OF 30.80 FEET TO THE END OF CURVE; THENCE, TANGENT EXHIBIT C (CONT 'Ai TO LAST SAID CURVE, NORTH 72-24056" EAST 49.00 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHWESTERLY, WITH A RADIUS OF 55. 00 FEET, A RADIAL TO SAID CURVE BEARS SOUTH 17035104 EAST; THENCE, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 27. 30100", AN ARC DISTANCE OF 26.40 FEET TO THE END OF CURVE; THENCE, TANGENT TO LAST SAID CURVE, NORTH 44054156" EAST 34 .84 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHEASTERLY, WITH A RADIUS OF 150.00 FEET, A RADIAL TO SAID CURVE BEARS NORTH 45805' 04" WEST; THENCE, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 10'04 '34" , AN ARC DISTANCE OF 26. 38 FEET TO THE END OF CURVE; THENCE, TANGENT TO LAST SAID CURVE, NORTH 54'59 ' 29" EAST 107.40 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHWESTERLY, WITH RADIUS OF 180. 00 FEET, A RADIAL TO SAID CURVE BEARS SOUTH 35000131" EAST; THENCE, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 6'520161f, AN ARC DISTANCE OF 21.59 FEET TO A POINT OF CUSP WITH SAID SOUTHEASTERLY LINE OF SAID IAT "C" ; THENCE, ALONG SAID SOUTHEASTERLY LINE, NORTH 28'55 ' 56" EAST 232.29 FEET; THENCE, CONTINUING ALONG SAID SOUTHEASTERLY LINE, NORTH 52 '06'53" EAST 84.89 FEET; THENCE, LEAVING SAID SOUTHEASTERLY LINE, NORTH 47022 ' 17" EAST 78.93 FEET; THENCE, NORTH 58952133" EAST 55.44 FEET TO A POINT IN SAID SOUTHEASTERLY LINE OF SAID IAT "C" , BEING ALSO THE TRUE POINT OF BEGINNING; CONTAINING 0.31 ACRES. EOIAM1O St/gyF� sx.�oy� oy /JAMES H. ,,MNG L.S. 5937 / LICENSE 'EXPIRES: 12-31-92 j� * Up. 12-31-92 BPM/JHL/DBR LIC. NO LS 5937 May 22 , 1991 �\ set. 168 �, - OFC TASULAT£D DATA ex sr. 20 Esti+r aEa raA�2�1954 \ N0. AOlUS d EA AAVOISZ mm 597/1-s4 I 20000' 6'05'03 30.60' 2 — Yl N7774'S6'E 4900' N56'5233"E,r� 66� i >--7.P.Q/3 3 5526.00' 27'30'00' 40' � "' , _— 4 0. N4454'S6'E 3484' O �Q^�\ ' 0 5 /50.00' /0'04'34' ?636' � 45 "C 6 !80.00' 6'52'/6" 7 — N470Z2'17 E 78.93' �E��h Vw/ • ti P4� 2 8 — N56'52'33-E 5544' (V ��d 5 by �, Q 9 17000' 10'04'34' 19.90' 1 9500' 27 30'00" 660 Q I/ — N52 0653 ' 24./3' � !2 — N71°5345'N 2266' �\ /� .'11;;:7I� \y r OJ o es / z a \ / h Qov .; m' AN EASEMENT PoR EQUESTR/AN ANO RM N6 MAIL PURPOSES M LOT"'C", rRACTNO. /2V54, M.M. 597//-34, C/TYOfsw,r14tAN \ CAP/1TRAN0, CO4(N7'Y0F0RAM6E STATEOFCAL/FORN/A. L Cfr H�'At(; / L.2-3 S. 5937 uNOsU o �y'Q y,�� - •::. 8{ x.34 E„sF q`F` 19 Ev 12.31'91 *11 CNOLs523" EXHIBIT C (CONT' D) IMAPi' DUAL OBLIGEE RIDER TO PERFORMANCE AND PAYMENT BOND WHEREAS, Heretofore, on or about the 4th day of June 19 91 Tropiville, InC. as Principal entered into a subdivision agreement with the City of San Juan Capistrano to install and complete certain designated public improvements. WHEREAS, the Principal, _ Tropiville, Inc. and GOLDEN EAGLE INSURANCE COMPANY, as Surety, executed and delivered to the Obligee, the City of San Juan Capistrano , their joint and several Subdivision Faithful Performance and Labor and Material Bond. NOW THEREFORE, In consideration of one dollar and other good and valuable consideration, receipt of which is acknowledged, the undersigned agree that the Subdivision Faithful Performance and Labor and Material Bond shall be, and is, amended as follows: 1. The name of the Homeowners Association, Marbella Crest Estates Associates shall be added to said bonds) as an additional Obligee. 2. The aggregate liability of the Surety under said bond(s) , the original Obligee and additional Obligee, and their interests may appear, is limited to the penal sum of the said bond(s) . 3 . Except as herein modified, said Subdivision Faithful Performance and Labor and Material Bond shall be and remain in full force and effect. Signed, sealed and dated this 8th day of July 19 91 4LEAG I S COMPANY City of San Juan Capistrano SOriginal Obligee n-Fact Tropiville, Inc. Princ al i CORPORATE ACKNOWLEDGMENT No 202 State of California On this the 11th day of July :xecu fore me, SS. County of Orange Alice M. Stump - , the undersigned Notary Public, personally appea Les P. Barkley , XX personally known tome proved to me on the basis of satisfactory evid to be the person's)who executed the within instr ovrlclat seal authorized representative or on behalf of therein • ->.� ALICE M. STUMP named,and acknowledged to me that the corport. 2� -7 NOla�y Pu011c CdLWmia WIT S my ha7h, nd official eal. ONaNGE LUUNiY My Commission Exp.5127/95 tary's Signature 08� 7120 122 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.•P.O.Box 7184.Canoga Park,CA 913347184 CONTRACT BOND-CALIFORNIA FAITHFUL PERFORMANCE-PUBLIC WORK Bond No. SUR 15 02 67 Initial premium charged for this bond is $ 100.00 subject to adjustment upon completion of contract at applicable rate on final contract price. KNOW ALL MEN BY THESE PRESENTS , That TROPIVILLE, INC. Of CALIFORNIA , as Principal , and the GOLDEN EAGLE INSURANCE COMPANY , a corporation organized and existing under the laws Of CALIFORNIA and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto City of San Juan Capistrano, in the sum of Two THOUSAND AND NO/10O'S dollars ($ 2,000.00 ) , for the payment where , well and tru y to be made, said Principal and Surety bind themselves , their heirs , administrators, successors and assigns , jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, that WHEREAS , the above-bounden Principal has entered into a Contract dated JUNE 4 1991 , with the City of San Juan Capistrano to o an per orm t e ollowing worms to wit: J Subdivision Monuments for TRACT NO. 13846 MARBELLA CREST ESTATES NOW, THEREFORE, if the above-bounden Principal shall faithfully perform all the provisions of said Contract, then this obligation shall be void; otherwise to remain in full force and effect. Signed and sealed this 8TH day of JULY, 1991 TROPIVI E, INC. Princlpa APPROVED AS TO FORM. by GOL N GLE INS COMPANY JO R. Saw urety Ci Attorney NOTE: Acknowledgments of execution of PrincipalBRnd Surety mustN-FACT ho atha,'h ri , CORPORATE ACKNOWLEDGMENT No 202 ----------------- State of California On this the 11th day of July 1 99 1 , before me, SS. County of Orange Alice M. Stump the undersigned Notary Public,personally appeared Les P. Barkley XK personally known to me C proved to me on the basis of satisfactory evidence to be the person's)who executed the within instrument as oration therein authorized revresentative or on behalf of the corporation orvrciat seat P •�� -,_ P,LICE M.STUMP named,a d acknowledged to me that the corporation executed it. y /. No:ary Vumu'Gabfomia WITNE Smyhand,andoffici seal. 'l5h OflaNGf LOUNiY I My Commission Exp.5/27/95 V� No ry's Signature 7120 122 NATIONAL NOTARY ASSOCIATION 8236 Remmet Ave.•P.O.Boz 7184•Canoga Park,CA 91304-7184 ` , • GMM BAM DiSUtM M OE "W • EnEurim OFFICES San Diego, California PQ*R OF Al UMV KwA ALL MEN BY THME PRESENTS, That the Golden Eagle Insurance Conpany, a Corporation duly organized and existing under the lavas of the State of California, having its principal office in the City of San Diego, California does hereby nominate, constitute and appoint: —> ROBERIA BR01MIER of San Diem, California <— its true and lawful agent and attorney-in-Pact, to make, execute, seal and deliver for and on its behalf as surety, monde, consents of surety, and undertakings in suretyship provided, however, that the penal sun of ary one such instrument executed hereunder shall not exceed the sum of any and all bonds and undertakings, provided the amamt of no one band or undertaking exceeds five million dollars ($5,000,000). This power of attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Golden Eagle Insurance Company at a meeting duly called and held on April 10, 1984 which said Resolution has not been amended or rescinded and of which the following is a true, full and complete copy. "RESOLVED: That the President or Secretary may from time to time appoint Attorneys-Irr-Fact to represent and act for and on behalf of the Company, and either the President or Secretary, the Board of Directors or Executive Committee may at ary time remove such Attorneys-ln-Fact and revole the Power of Attorney giver him or her; and be it further "RESOLM: That the Attorneys-In-Foot may be giver full power to execute for and in the name of and on behalf of the Company any and all bonds and undertakings as the business of the Company may require, and any such bonds or undertakings executed by ary such Attorney-In-Fact shall be binding upon the Company as 1f signed by the President and sealed and attested by the Secretary." IN WITNESS WHEREa?, the said Golder Eagle Ins came Compaq has caused these presents to be executed by its officer, with its corporate seal affixed. this April 4, 1989 (0IM EAGLE SWE CF CALIFORNIA SS: 0OLWN OF SAN DIEGO By: 9 Mi ael E. Jam President On this 4th day aP April, 1989 before the aubsQiber, a Nota�y blic oP the State o California, in and Por the County of San D1egt duly cammfssianed and dpalitied, cams Mictael E. James, si t, oP mLDEN EAGLE II6EItAPCE CCTV to me peally knows to he the icdividual and otticer described and yin executed the pneandirg Instrmeu nt and the wlis the said officoPCo to SealoPsaid Campar�y and that the said Corporate Seal and his siget�re as such officer were duly aff and subscribed to the said instrunent by Nue authority and direction of the said Corporation. IN WI114SS MfMF, I have hereunto set my hand and affixed my Official Seal, at the City of San Diego, the dry and year first above written. COW Q+ CALIFORNIA DIEM SS: or.laAL SLAL COLMY OF SAN DIEGO SUSA14 A KELLER NOTARY PUBLIC-CALIFORNIA Notary Public '� SAN DIEGO COUNTY NY COMM. EXP. OCT. 1,1990 I the undersigned, Larry G. Main den Fogle Insurance Company, do hereby certify that the handaslnot been revoked.FOWER CF AA y, of which the foregoing is a full, true and correct copy, is in full force and effect, IN WITNESS *MW, I have hereunto subscribed my name as Secretary, and Corporate Seal of the Corporation, this 8th day of July 19 yl LARRY G. MAEEE Secretary ACKNOWLEDGEMENT OF SURETY STATE OF CALIFORNIA COUNTY OF SAN DIEGO ON THIS 8th DAY OF JulY 1991 BEFORE ME PERSONALLY APPEARED Roberta Broxmeier KNOWN TO ME TO BE(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) THE ATTORNEY-IN-FACT OF GOLDEN EAGLE INSURANCE COMPANY,AND ACKNOWLEDGED TO ME THAT HE/SHE EXECUTED THE WITHIN INSTRUMENT. IN WITNESS WHEREOF,I HERETO SET MY HAND AND OFFICIAL SEAL ON THE DAY AND YEAR IN THIS CERTIFICATE FIRST WRITTEN ABOVE. li/ wa Ilwatic CCLA K awns« w�ocaomwir rrtsww..E 'Y..m IONS GE SUR 038(10-90) • BOND NO. : SUR 15 02 69 PREMIUM: $3,048.00 SUEDIVISION FAITHFUL PERFORMANCE BOND (GOVERNMENT CODE S 66499 .1) WHEREAB, the City Council of the City of San Juga Capistrano, State of California, and Tropiville, Inc. (hereafter designated as "Principal") , have entered into a Sub- . division Agreement whereby principal agrees to install and complete certain designated public improvements, which said Agreement dated June 4 , 19 91 , and identified as Project Tract 1113846 , is hereby rsterred to and made a part hersoft and WSgRM&S, said Principal is required, under the terms of the said Agreement, to fvsZish a bond for the faithful performance of said Agreem•Inti NOW, -TH$R$$ORE, we, the Principal and Golden Eagle Insurance company , as Surety, axe held firmly bound unto the City of San Juan Capistrano (hereafter, called "Obligee") , in the gum of One Hundred Twenty-Seven Thousand, Four Hundred Fifteen and No/100's Dollars, lawful money of the Vatted states, for the payment of which sum well and truly to be made, we bind ourselves, our hairs, successors, executors and administrators, jointly and severally, firmly by these presents . NOW, THEREFORE, the condition of this obligation is such that if Principal shall promptly and faithfully perform said improvements, then the obligation shall be null and void= otherwise it shall remain in full force and effect. Surety waives any rights , if there by any, to require that a demand be made first against the Principal in the event of default. BE IT FURTHER RESOLVED) 1. As a part of the obligation secured hereby, and in addition to the face amount specified, there shall be included costs and reasonable expenses and fees , including reasonable attorney's fees , incurred by City in successfully enforcing such obligation, all to be taxed as costa and. included in any judgment rendered. T. Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modifi- cation of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alterations, or modifications of the contract documents or of work to be performed thereunder. Executed this 8th day of July F 3,9 91 v at San Diego , California. PP-M AL T Inc. (N ZATION L APPROVED AS TO FORM. Zerta le In ce Company ou�::W� meier, Attorney-In-Fact J R. Shaw (NOTARIZA ON AND SEAL) iAttorney - n nTrs,Y1T7T pTP1.t Y1w 1TpTt�T A CORPORATE ACKNOWLEDGMENT No zoz State of California On this the 11th day of July 1921, before me, SS. County of Orange Alice M. Stump the undersigned Notary Public, personally appeared Les P. Barkley X personally known tome ❑ proved tome on the basis of satisfactory evidence _ to be the person(s)who executed the within instrument as authorized representative or on behalf of the corporation therein ornclAE sEaE p ALICE M.STUMP named,and acknowledged to me that the corporation executed it. �y ORANGE (xIN OR NlE OON ly CWITN my hand officAil seal. My comrmSsion Exp.5/27/95 N tary's Signature 1120 122 NATIONAL NOTARY ASSOCVATION•8236 qe A Ave.•P.O.Box 7180.Canoga Park,CA 913047184 Bond No. SUR 15 02 69 Premium: Included SUBDIVISION LABOR AND MATERIAL BOND GOVERNMENT CODE, Section 66499.2 WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and Tropiville, Inc. (hereafter designated as "Principal"), have entered into a Subdivision Agreement whereby Principal agrees to install and complete certain designated improvements, which said Agreement, dated June 4 . 19 91 and identified as Project Tract No. 13846 (Marbella Crest Estates) is hereby referred to and made a part hereof; and WHEREAS, said Principal is required to furnish a bond in connection with the said contract providing that, if said Principal or any of his or its sub-contractors shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done or for any work or labor done thereon of any kind, the surety or this bond will pay the same. NOW, THEREFORE, said Principal and Golden Eagle Insurance Com an as Surety, are held firmly bound unto the City of San Juan Capistrano, a municipal corporation, in the penal sum of One Hundred Twenty-Seven Thousand, Four Hundred Fifteen and No/100's Dollars ($ 127,415.00 ), lawful money of the United States of America, for payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that, if said Principal, his or its heirs, executors, administrators, successors, assigns or sub-contractors shall fail to pay for any materials, provisions, provender, teams or other supplies or equipment used in, upon, for or about the performance of the work contracted to be done or for any work or labor done thereon of any kind or for amounts due under the Unemployment Insurance Act with respect to such work or labor as required by the provisions of Title 1, Division 5, Chapter 3 of the Government Code of California as amended that the Surety will pay the same in an amount not exceeding the sum specified int this bond and also in case suit is brought upon this bond will pay reasonable attorney's fees to be fixed by the court. This bond shall inure to the benefit of any and all persons, companies and corporations Iof2 0 entitled to file claims under said act so as to give a right of action to them or their assigns in any suit brought upon this bond. As a part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or modification of the contract documents or of the work to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or modification to the terms of the Agreement or to the work or to the specifications. IN WITNESS WHEREOF, three (3) identical counterparts of this instrument, t each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety herein named on the 8th day of July , 19_91 , the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representatives pursuant to authority of its governing body. PRINCIP Tr b Inc. ' APPROVED AS TO FORM (NOTAZATION A SEAL) JOHN R. SHAW, CITY ATTORNEY SURE Go E le ZInCanceCompany erta Bro ier, Attorney-In-Fact (NOTARIZATION AND SEAL) NOTE: Please Attach Notary Acknowledgement and Power of Attorney 2 of 2 C,ORPORATE ACKNOWLEDGMENT NO.202 State of California SS. On this the 11th da of July y _1991, before me, County of nran$ _ Alloy M Ctvm the undersigned Notary Public,personally appeared Les P. Barkley )FX personally known to me ❑ proved tome on the basis of satisfactory evidence to be the person(s)who executed the within instrument as =ALI at authorized r r•v or on behalf of the corporation therein UMP named and acknowledged to me that the corporationexecuted it. lmniaTYWITmy ha d and offici I seal. M .5127195 tary's Signature 7120 122 NATIONAL NOTARY ASSOCIATION•8295 Remmet Ave.•P.O.Box 7184 Canoga Perk,CA 913047184 ACKNOWLEDGEMENT OF SURETY STATE OF CALIFORNIA COUNTY OF SAN DIEGO ON THIS 8th DAY OF JulY 1991 BEFORE ME PERSONALLY APPEARED Roberta Broxmeier KNOWN TO ME TO BE(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE)THE ATTORNEY-IN-FACT OF GOLDEN EAGLE INSURANCE COMPANY,AND ACKNOWLEDGED TO METHAT HE/SHE EXECUTED THE WITHIN INSTRUMENT. IN WITNESS WHEREOF,I HERETO SET MY HAND AND OFFICIAL SEAL ON THE DAY AND YEAR IN THIS CERTIFICATE FIRST WRITTEN ABOVE. RAA..N%LL. CLARK CAURDIMA PRfA=ft OFFICE N ow QwGo COUNIY Y/CM�lwio�Eq.Mv.2q tiY6 NO GE SUR 038(1090) BOND NO. : SUR 15 02 70 • • PREMIUM: $4,812.00 SUBDIVISION FAITHFUL PERFORMANCE BOND (GOVERIQMENT CODE S 66499 .1) wBEREAS, the City Council of the City of San Juan Capistrano, State of California, and Tropiville, Inc. (hereafter designated as "Principal") , have entered into a Sub- . division Agreement whereby Principal agrees to install and complete certain designated public improvements, which said Agreement dated June 4 , 19 91 , and identified as Project Tract X113846 is hereby isferred to and made a part hereoft and WMMIM , said Principal is required, under the terms of the said Agreement, to furnish a bond for the faithful performance of said Agreements Now,,.-TS$RF,$ORE, we, the Principal and Golden Eagle Insurance Company , as Surety, areheld firmly bound unto the City of San Juan Capistrano (hereafter. called "Obligee") , in the Oust of Two Hundred Fifteen Thousand, Five Hundred Eighty-Five and No/100's Dollars, lawful money of the Unfted States, for the payment of, which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents . NOW, THEREFORE, the condition of this obligation is such that if Principal shall promptly and faithfully perform said improvements, then the obligation shall be null and void; otherwise it shall remain in full force and effect. Surety waives any rights , if there by any, to require that a demand be made first against the Principal in the event of default. BE IT FURTHER RESOLVED, 1. As a part of the obligation secured hereby, and in addition to the face amount specified, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees , incurred by City in successfully enforcing such obligation, all to be taxed as costs and. included in any judgment rendered. 2. Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modifi- cation of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alterations, or modifications of the contract documents or r of work to be performed thereunder . Ezecuted this 8th day of July 1921, at San Diego , California. PRINCI AL I le Inc. (N ZATION AND ) URETY APPROVED AS TO FORM. Gold g AIn ce Company Roberta Bro eier, Attorney-In-Fact J R. Shaw (NOTARIZATION AND SEAL) it Attorney n �eT 74 Y1TTT}ATn\i rw TTTIffTT AEIO',1Iw . \ n CORPORATE ACKNOWLEDGMENT NO 202 State of California Cn this the 11th day of July 1991 ,before me, SS. Countyof Orange Alice M. Stump the undersigned Notary Public, personally appeared Les P. Barkley X& personally known tome C proved tome on the basis of satisfactory evidence to be the person(s)who executed the within instrument as authorized representative or on behalf of the corporation therein OFFICIAL$EPL Ekmv named,andacknowledged to me that the corporation executed It. P,LICE MSTMPa�y 'M:. WITNE my hand nd official al. ON'LCOON rVommission Exp.5127195 L No ary s Signature 7120 122 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.•P.O.Box 7186•Canoga Park,CA 91304-7184 Bond No. SUR 15 02 70 Premium: Included SUBDIVISION LABOR AND MATERIAL BOND GOVERNMENT CODE, Sectio—n-6-64-9-9.T2 — WHEREAS, ection66499.2WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and Tropiville, Inc. (hereafter designated as "Principal"), have entered into a Subdivision Agreement whereby Principal agrees to install and complete certain designated improvements, which said Agreement, dated June 4 19-211-1 and identified as Project Tract No. 13846 (Marbella Crest Estates) is hereby referred to and made a part hereof; and WHEREAS, said Principal is required to furnish a bond in connection with the said contract providing that, if said Principal or any of his or its sub-contractors shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done or for any work or labor done thereon of any kind, the surety or this bond will pay the same. NOW, THEREFORE, said Principal and Golden Ea le Insurance Com an as Surety, are held firmly bound unto the City of San Juan Capistrano, a municipal corporation, in the penal BUM of Two Hundred Fifteen Thousand, Five Hundred Eighty-Five and No/100's Dollars ($ 215,585.00 ), lawful money of the United States of America, for payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that, if said Principal, his or its heirs, executors, administrators, successors, assigns or sub-contractors shall fail to pay for any materials, provisions, provender, teams or other supplies or equipment used in, upon, for or about the performance of the work contracted to be done or for any work or labor done thereon of any kind or for amounts due under the Unemployment Insurance Act with respect to such work or labor as required by the provisions of Title 1, Division 5, Chapter 3 of the Government Code of California as amended that the Surety will pay the same in an amount not exceeding the sum specified int this bond and also in case suit is brought upon this bond will pay reasonable attorney's fees to be fixed by the court. This bond shall inure to the benefit of any and all persons, companies and corporations Iof 2 entitled to file claims under said act so as to give a right of action to them or their assigns in any suit brought upon this bond. As a part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or modification of the contract documents or of the work to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or modification to the terms of the Agreement or to the work or to the specifications. IN WITNESS WHEREOF, three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety herein named on the 8th day of July 19 91 , the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representatives pursuant to authority of its governing body. PRINCIP � T i APPROVED AS TO FORM (NOTA IZATION AND SEAL) JOHN R. SHAW, CITY ATTORNEY RETY Gold ag4rantceompany o erta Brney-In--Fact (NOTARIZATION AND SEAL) NOTE: Please Attach Notary Acknowledgement and Power of Attorney 2 of 2 CORPORATE ACKNOWLEDGMENT NO 202 State of _California SS. On this the 11th day of July - til , before me, County of Orange Al-ice ce M {, the undersigned Notary Public, personally appeared Les P. Barkley XX personally known to me L proved to me on the basis of satisfactory evidence to be the person's)who executed the within instrument as authorized ranrec nr^ti orr�clai sent or on behalf of the corporation therein aALICE M. STUMP named,and acknowledged to me that the corporation executed it. �i,,'k /. naaw umlCamm"'a WITNES,Pjnyhandandofficial al. OBANGk CUUn1Y My Commission Exp.5127/95 Not y'sSignature -- 7120 122 NATIONAL NOTARY ASSOCIATION•8238 Remmet Ave •P.O.Box 7184•Canoga Park,CA 91304-7184 ACKNOWLEDGEMENT OF SURETY STATE OF CALIFORNIA COUNTY OF SAN DIEGO ON THIS 8th DAY OF July 1991 BEFORE ME PERSONALLY APPEARED Roberta Broxmeier KNOWN TO ME TO BE(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE)THE ATTORNEY-IN-FACT OF GOLDEN EAGLE INSURANCE COMPANY,AND ACKNOWLEDGED TO ME THAT HE/SHE EXECUTED THE WITHIN INSTRUMENT. IN WITNESS W HEREOF,I HERETO SET MY HAND AND OFFICIAL SEAL ON THE DAY AND YEAR IN THIS CERTIFICATE FIRST WRITTEN ABOVE. DARCKWAL DAN— Ie CLARK oQoLww w�os0000um GE SUR 038(10-90) 0 GUM EAGLE IIiSUtANfE pl]PANY EXBCUr VE OFFICES San Diego, Califamaia POM OF ATIORNEY MON ALL MIN BY TEESE PRESENTS, That the Golden Eagle Insurance Conpay, a Corporation duly oriprdzed and existing under the laws of the State of California, having its principal office in the City of San Diegr, California does hereby nominate, constitute and appoint: —> ROHMM &uMIER of San Diego, California <— its true and lawful agent and attorney-in-fact, to make, execute, seal ani deliver for and on its behalf as surety, bonds, consents of surety, and undertakings in suretyship provided, however, that the penal sun of ary one such instrument executed hereunder shall not exceed the sun of any and all bonds and undertakings, provided the amount of no ane bond or undertaking exceeds five million dollars ($5,000,000). This power of attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Golden Eagle Insurance Couupany at a meeting duly called and held on April 10, 1984 which said Resolution has not been amended or rescinded and of which the following is a true, full and conplete copy. "RESOLVED: That the President or Secretary may from time to time appoint Attorneys-In-Fact to represent and act for and on behalf of the Conpapr, and either the President or Secretary, the Board of Directors or Executive Committee may at any time remove such Attorneys-Irk-Fact and revole the Power of Attorney giver him or her; and be it further '9iFS0LVM*. That the Attorneys-In-Fact may he given full power to execute for and in the name of and on behalf of the Cbopay ary and all bonds and undertakings as the business of the Conpay may require, and any such bonds or undertakings executed by any such Attorney-In-Fact shall be binding upon the Conpany as if signed by the President and sealed and attested by the Secretary." IN WMESS WhPERF.(F, the said Golden Eagle Insurance Company has caused these presents to be executed by its officer, with its corporate seal affixed. this April 4, 1989 GGEM EAGLE STAR; GF CALIIORNIIA SS: COLM OF SAN DIEGO By:Pbblic 1 E. Jam President (h this 4th da of April, 1989 before the subscriber, a Notarof the State o California, in and for the County of Sar Diego, duly canmfssioned and qualified, came Michael E. James, si t, of GOLDEN EAGLE ITSUMEE OWANY to me personally known to be the individual and officer described and who executed the preceding Instrument and he ack owledWd the execution of the same, and be by me duly sworn, deposeth and saith, that he is the said officer of the C®pmw aforesaid, and that the s affixed to the preceding instrument is the Co rate Seal of the said Compazand that the said Corporate Seal and his signature as such officer were duly affixed yd and subscribed to the said instrvuent by the authority and direction of the said Corporation. IN WITLESS kWIWF, I )ave hereunto set my hand and affixed my Official Seal, at the City of Sai Diego, the diy aid year first above written. RNIA COL OF CSAN DIEGO SS: Orf ICTAL mLAL QGIMY OF SAN DIEGO SUSAN A KELLER /)� ^�— NOTARYVUSLIC-CALITORNIA Notary Public '� SAN DIEGO COUNTY NY COMM. EX9. OCT. 1,1990 I the undersigned, Larry G. 14�t =°"S�MP.iffiy'° den Eagle Insuraue Canpany, do hereby certify that the original FOkER GF ATI'ORNE'y, of which the foregoing is a full, true and correct copy, is in full force and effect, and has not been revoked. IN WITNESS MIEREGF. I have hereunto subscribed my name as Secretary, and Corporate Seal of the Corporation, this 8th day of July 19 91 LARRY G. MALE Secretary STUADLIX0. YOCCA. CAALSOx & RAYJTZ A 011000"*""6000a0ATION pe'v 400 ,wiri w.I.4AOMw9 JANY 44nH 9AYN ATTowwaTa AT LAM /{� ANN&.awa44Or&199& .R.t.�OOr A OT00NN K LAOOy. C�am-*CAO,". WRb�aJa44&Na NO NOWINOW C9NTaA OAIVf.OW11[1000 9CaM f•OMS .Z,A1.L NO".n hV..aP T."we". Y t•1�Y. ..C.U.0 A966Or.nf90" war ernes 904 soap AC. 06 4 00000'.. WSA r.1110'.0'. N9r,000T BOAC..C."Ima"LA JO..T rWM., O ",&few f09f9.0JIfl L` /t 1W.Aa A f4A0.♦. ON"414.00 J.r9C4A lata ONONa(TICI M-4000 0&04.M19WM ~6 K 004104 QAv.0 R.a.e" IMAO t NAY" TiL9MOr&M41 a40-TOM ✓ tiY.L Nu MMIWY L IIrN. 91/ff4 slater 0u0060r C.$MEMO% MOW C.rymm. Na NYrfa. W84V 4...ma 0'M.OyN994wNr �714� 725 '• w.a ru9V 00NAL4 A.WAN CM660r IT.AI 0'MVNO M11CaC.NYMT 9r&ar&N L MWWY a..W,1{4,0&0 SAW.O&N9a0TON 4O84a1 4...rM&w JONII W.A.Tfa� 000407 L N.C. CARGO.4.K. 11.00A9 A.0IV9"a CONN&L NAafAM. Y.M44 J.0.04... 9AO9AIlA 84ia 4&10460 _ NYC&W.RNC.Ira4 JfN L ffasa - .AAW•.NutNCw ►404 J.000401 - "Oaw A Awe Val N 00.00 — -- &W49411.C.Come. A.R IOYANO "Wes a.W1 rNWK A"aN84New 84W40 J.MNWN NMa%WWN - JCwwJ.9N04AT.40. MLO 1.841.04"444 December 19, 1991 aN r. NR..a.A.tAS.Gu Mo9.O0N0'06600.1.44 ... wt�4A 4,MW Val. LANA K aafN $ N0. &4909 CIA.,C4AOr 9^110W`6 L 91660" C.410aft J.A.IIATOKA ANN 0 Ow"ENaON No,.46.1. 7900 IL r1.AAA9 4U.19.COY IW.f ""Me 1.Nmq N ft OAWw C.M.5t064. 6644V C.wa4A66a Owa.6...AO., WON C.6100044 LAN*CNCt S.$CNN 66arA9 I.as"" ""a.06 ova" J00"I.OANNON VIA UGAITHI" 72 / 3846 George Scarborough Assistant City Manager 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Re: Saret ay I mraveteant SecLrity Dear George: - I have reviewed the above-referenced matter and discussed it with Mr. Barclay's attorney and have concluded that the i�rovemrnt: be allowed to Droceed in spite of the fact that the bonding company does not meet the financial responsibility requirements set forth in the City Attorney's policy Statement for the following reasons: 1+; City staff approved final map which included mp C aDDMA ndine cemnan�estion; 2. The City Attorney's Policy Statement is an ordinance of the City and, therefor, cannot be_ opklied to_ an applicant who has detrimentally re3iet_- j �tsr staff approvals to the contrary; and - /��i 9�9/ Da L) e� Qe r)+Z- -- . , /Gt l I Mabey George Scarborough December 19, 1991 Page Two 3. The improvements are to be funded by private partlsM, as opposed to institutional lenders, and therefor are not susceptible to being guaranteed through alternate means such as a •set aside' letter from the construction lender. plasma call with questions or comments. Very truly yours, STRADLING, YOCCA, CARLSON i RAUTH D Iw•.- Thomas P. Clark, Jr. TPC:ts Dictated but not read. 8749u • S1B�DLING 1�A, GI>IIS�I � t�U[8 A ProfiuIoaal Corporation 660 Newport Center Drive, Suite 1600 Telaphooe: (714) 735-4000 Newport Beach, CA 92660-6441 Pax: (714) 725-4100 Date: ('Ap- 11 -4'I TBE FOLLOWING DOCUMENT INCLUDING THIS COVER sBEET Is 3 PAM PLUS DELIVER 70: Zoo NAL /COMPANY: FAX NO.: THIS mum is MO. NAME: 0 ow- 0.014., Q MESSAGE: za . M da-s--d- �"esat-e Iwo•..- CLIENT NAME/MATTER NO.: IF ANY OF TIDsSE PAGES ARE NOT LEGIBLE OR YOU DO NOT RECEIVE ALL OF TtlE PAGES. PLEASE CALL (714) 723-4014. CONFIDENTIALITY NOTICE THIS MESSAGE IS INTENDED ONLY FOR THE USE OF TBE INDIVIDUAL OR wriTY TO WHICH IT IS ADDRESSED, AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND D(EMP'T FROM DISCLOSURE UNDER APPLICABLE LAR. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION. DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US !*MEDIATELY BY TELEPHONE, AND RETURN THE ORIGINAL MESSAGE TO US AT THE ABOVE ADDRESS VIA THE U.S. POSTAL SERVICE, THANK YOU. DEC 19 1991 0846!/9999/000 a 0 CITY CLERK'S DEPARTMENT - ACTION REMINDER b®D 30 TO. Theodore Simon, City Engineer FROM: Dawn Schanderl, Deputy City Clerk DATE: January 2, 1993 SITUATION: On June 4, 1991, the City Council entered into an Improvement Agreement with Tropiville, Inc., Tract 13846, Marbella Crest. Said Agreement states all work and improvements shall be completed within 365 days from the date of the agreement. (Agreement was signed June 4, 1991 and recorded March 4, 1992). Agreement also states if additional time is needed, an extension may be granted by the City Engineer on the showing of good cause. On May 15, 1992, agreement was extended to October 15, 1992. On October 1, 1992, agreement was extended to January 15, 1993. ACTION REQUESTED: Please notify this office if agreement will be completed by January 15th or extended. ACTION TO BE TAKEN: &7Cj DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN: �S C� � 3 ov SIGNATURE OF OFFICIAL TAKING ACTION: DATE SIGNED: ***FOR CITY CLERK'S DEPARTMENT USE ONLY*** Tickler Date: 05/04/92 10/01/92 01/02/93 Deadline Date: 06/04/92 10/15/92 01/15/93 cc: City Attorney Department Head (t13846/600.30) jal3�lga -30 CITY CLERK'S DEPARTMENT - ACTION REMINDER TO Theodore Simon, City Engineer FROMawn Schanderl, Deputy City Clerk DATE: October 1, 1992 SITUATION: On June 4, 1991, the City Council entered into an Improvement Agreement with Tropiville, Inc., Tract 13846, Marbella Crest. Said Agreement states all work and improvements shall be completed within 365 days from the date of the agreement. (Agreement was signed June 4, 1991 and recorded March 4, 1992). Agreement also states if additional time is needed, an extension may be granted by the City Engineer on the showing of good cause. On May 15, 1992, agreement was extended to October 15, 1992. ACTION REQUESTED: Please notify this office if agreement will be completed by October 15th or extended. ACTION TO BE TAKEN: DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN: SIGNATURE OF OFFICIAL TAKING ACTION: I DATE SIGNED: /0�i/92 ***FOR CITY CLERK'S DEPARTMENT USE ONLY*** Tickler Date: 05/04/92 10/01/92 Deadline Date: 06/04/92 10/15/92 cc: City Attorney Assistant City Manager Department Head (t 13846/600.30) CITY CLERK'S DEPARTMENT - ACTION REMINDER TO. Theodore Simon, City Engineer `Mc(� / /) /9 Sa cX/m-1Q, FROM: Dawn Schanderl, Deputy City Clerk DATE: May 4, 1992 SITUATION: On June 4, 1991, the City Council entered into an Improvement Agreement with Tropiville, Inc., Tract 13846, Marbella Crest. ACTION REQUESTED: Said Agreement states all work and improvements shall be completed within 365 days from the date of the agreement. (Agreement was signed June 4, 1991 and recorded March 4, 1992). Agreement also states if additional time is needed, an extension may be granted by the City Engineer on the showing of good cause. Please notify this office if agreement will be extended. ACTION TO BE TAKEN: d�r t� fv QC4�- /S J9`f 2 DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN: Oat // /I9 L SIGNATURE OF OFFICIAL TAKING ACTION: DATE SIGNED: ***FOR CITY CLERK'S DEPARTMENT USE ONLY*** Tickler Date: 05/04/92 Deadline Date: 06/04/92 cc: City Attorney Assistant City Manager Department Head (t 13846/600.30) 5/ 1192 - MEMBERS OF THE CITY COUNCIL COLLENE CAMPBELL GARY HAUSOORFER GIL JONES ® unvauN NASH JEFF VAS • ❑176n 1961 JEFF VASOUEZ • CITY MANAGER GEORGE SCARBOROUGH September 29, 1993 James S. Munak Executive Vice-President/General Counsel Golden Eagle Insurance Company 3430 Camino del Rio North, Suite 300 P. O. Box 85844 San Diego, California 92186-5844 Re: Request for Certification of Copies - Golden Eagle Insurance Golden Eagle Insurance Company File No, 7664 Dear Mr. Munak: Enclosed are certified copies of the Improvement Agreement and the Surety Agreement for Grading Landscaping, and On-Site Improvements and Property Restoration for Tropiville, Inc., Tract 13846. The documents on file in the City Clerk's Office were slightly different than the copies you forwarded to me; the certification is of the documents as they appear in the City Clerk's files. The Improvement Agreement includes the recording information; the Surety Agreement includes additional attachments. Please be aware that the Surety Agreement on file in the City Clerk's Office is not the original document. It is a copy of the Agreement as we received it from the Building Division. I am also enclosing the copies you sent to me. The xeroxing charge is $3.80. I have enclosed Receipt No. 55482 for the your $10 check. You will be receiving a refund in the amount of $6.20 following its processing through the Administrative Services Department. If we can be of further assistance, please let us know. Very truly yours, 22" �ti City Clerk Enclosure 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 499-1171 STATE OF CALIFORNIA ) COUNTY OF ORANGE CITY OF SAN JUAN CAPISTRANO ) I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the attached is a true and correct copy of the following original document on file in the City Clerk's Office: Improvement Agreement between the City of San Juan Capistrano and Tropiville, Inc. for Tract 13846 (SEAL) Cheryl John n City Clerk San Juan Capistrano, California DATED: This 29th day of September, 1993 STATE OF CALIFORNIA ) COUNTY OF ORANGE CITY OF SAN JUAN CAPISTRANO ) I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the attached is a true and correct copy of the following document as it appears on file in the City Clerk' s Office; the original document is not on file in the City Clerk' s Office: Surety Agreement for Grading, Landscaping, and On-Site Improvements and Property Restoration between the City of San Juan Capistrano and Tropiville, Inc. , (Marbella Crest Estates, Tract 13846) (SEAL) Cheryl John n, City Clerk San Juan Capistrano, California DATED: This 29th day of October, 1993 . City of San Juan Capistrano CHECK REQUEST Administrative Services Department Address Check to: Name: �o n Ew - hSura/r ce-- e7> Address: -�✓��D r�sf / �v � n '11 '15 Naua:��� Check Amount Requested: $ (e 2fl AccountNo.: CHECK TOTAL: Invoice Number: nn Invoice Date: Check stub to contain the following: tj nj— — �� 1T, 1�1 mo a_ stL2 E le, -7 Check Requested By: Employee: C h'� Vt10 nS©V Department: �� t ' "lv� naw Date: 9/Zgl93 Department Approval: Transmittal Instructions: ❑Return Check To: ,Mail With Attached: �G1rhe s u ng iL El Other (specify): For Administrative Services Use Only Vendor Number. Warrant Number Date: Approved: i000 /ay ecc ■ANK RECEIVED TRN DNSIT S CHECKS S CASH DATE NAME DESCRIPTION Sy a�pR 55482 INVALID WITHOUT SIGNATOR Y 1 OK CITY OF SAN JUAN CAPISTRANO 32400 PASEO ADELANTO SAN JUAN CAP I STRANO,CALIFORNIA 92675 I GOLDEN EAGLE INSURANCE COMPANf Ec"'FT) LEGAL DEPARTMENT SEP 28 2 56 PI T 3430 Camino del Rio North, Suite 300 • San Diego, California 92108-1796 • (619) 563-4598 Mailing Address: P.O. Box 85844 • San Diego,California 92186-5844CiTY UERK FAX: (619)563-4799 GCPAF.T 1E11T ;IT" SA.ti September 27, 1993 Chery). Johnson City Clerk CITY OF SAN JUAN CAPISTRANO 32400 Paseo Adlelanto San Juan Capistrano, CA 92675 Re: Topiville, Inc./Marbella Crest Estate Tract 13846 Our File No. 7664 Dear Ms. Johnson: Please provide the undersigned certified copies of the enclosed (1) Improvement Agreement and (2) Surety Agreement for Grading Landscaping, and On-Site Improvements and Property Restoration. Enclosed is a check not to exceed $10.00 for the certification charge. Please return the certified copies in the enclosed envelope. rGeneralCounsel , resident/ JSM:mis Enclosures Ujohns7.664 GOLDEN EAGLE INSURANCE CO. 8 2 5 T LEGAL IMPREST ACCOUNT 7175 NAVAJO ROAD SAN DIEGO, CA 92119 1112/1 PAY SEPTEMBER 27. 1993 TO THE ORDER OF THE CITY CLERK $ 10.00 TEN AND NO1100------------------------------------------------------- DOLLARS yyy Sanwa Bank ' .II;"�• y ConforrW taeo-.rttw�ruE k!i!E EAN OItYiO.G Y410t FOR SAN JUAN CAPISTRANO V. TROPIVILLE 7664 COPY COST - ---- - --------------- il.008257u• 1: L22003S16t: 2710,„00485u• w I I L_ 1 •RECORDING REQUESTED BY • AND WHEN RECORDED MAIL TO REAL ESTATE FORECLOSURE SERVICES 6101 BALL ROAD, SUITE 308 CYPRESS, CA 90630 s v ^rr Soace above this line for recorder's use TItle Order No. 8019144 Trustee Sale No. 10928829 Reference No. 4106MARBELLA APN# SEE EXHIBIT IS, NOTICE OF TRUSTEE'S SALE YOU ARE IN DEFAULT UNDER A DEED OF TRUST DATED 03 41�5/9�1 UNLESS YOU TAKE ACTION TO PROTECT YOUR PROPERTY, IT MAY BE SOLD AT A PUBLIC SALE. IF YOU NEED AN EXPLANATION OF THE NATURE OF THE PROCEEDINGS AGAINST YOU, YOU SHOULD CONTACT A LAWYER On 02/26/93 at 9:45 A.M. CAPITAL FINANCIAL CONSULTANTS, INC., A CALIFORNIA CORPORATION as the duly appointed Trustee under and pursuant to Deed of Trust,Recorded on 04/02/91 as Document N0. 91-150517 Book N/A PageN/A of Official Records in the office of the Recorder of ORANGE County, California,executed by: TROPIVILLE INC., A SOUTH CAROLINA CORPORATION, L.P. BARKLEY 6 ASSOCIATES INC., A CALIFORNIA CORPORATION, LES P. BARKLEY ,as Trustor PLEASE SEE EXHIBIT 'A' ATTACHED HERETO AND MADE A PART HEREOF ,as Beneficiary WILL SELL AT PUBLIC AUCTION TO THE HIGHEST BIDDER FOR CASH, (payable at time of sale In lawful money of the United States, by cash, a cashler's check drawn by a slate or national bank,a check drawn by a state or federal credit union, or a check drawn by a stale or federal savings and loan association, savings association, or savings bank specified In section 5102 of the Financial Code and authorized to do business In this state.) At: THE MAIN (NORTH) ENTRANCE TO THE COUNTY COURTHOUSE, 700 CIVIC CENTER DRIVE WEST, SANTA ANA, CA all right, title and interest conveyed to and now held by It under said Deed of Trust in the property situated In said County, California describing the land therein: PLEASE SEE EXHIBIT 'B' ATTACHED HERETO AND MADE A PART HEREOF. [A LOAN MODIFICATION OF DEED OF TRUST AND PRESERVATION OF RIGHTS AGREEMENT WAS RECORDED ON JUNE 1, 1992 AS INSTRUMENT NO. 92-364645, OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA.] The street address and other common designation, If any, of the real property described above Is purported to be: VACANT LAND, DIRECTIONS MAY BE OBTAINED BY WRITTEN REQUEST SUBMITTED TO THE BENEFICIARY WITHIN 10 DAYS AFTER THE FIRST PUBLICATION OF THIS NOTICE AT THE FOLLOWING ADDRESS: CAPITAL FINANCIAL CONSULTANTS INC. ET AL., 30448 RANCHO VIEJO ROAD, SUITE 210, SAN JUAN CAPISTRANO, CA 92675 The undersigned Trustee disclaims any liability for any Incorrectness of the street address and other common designation, If any, shown herein. Said said will be made, but without covenant or warranty,expressed or Implied, regarding title, possession, or encumbrances, to pay the remaining principal sum of the note(s) secured by said Deed of Trust, with Interest thereon, as provided In sold note(e), advances, if any,under the terms of the Deed of Trust,estimated test, charges and expenses of the Trustee and of the trusts created by said Dead of Trust to-wit: $2,196,748.13 Eadmatea Aamuul Irt eel r W WUoml Wvmnzz a my,wa Mauer NIS%W"pem waw. The beneficiary under Bald Deed of Trust heretofore executed and delivered to the undersigned a written Declaration of Default and Demand for Sale, and a written Notice of Default and Election to Sell. The undersigned caused said Notice of Default and Election to Sell to be recorded In the county where the real property Is located and more than three months have elapsed since such recordation. DATE: 01/26/93 - CAPITAL FINANCIAL CONSULTANTS, INC., A CALIFORNIA CORPORATION AS TRUSTEE C/O REAL ESTATE FORECLOSURE SERVICES - 6101 BALL ROAD, SUITE 308 CYP , It 90630 Zone Nun Ser: (714)821-3071 By: L BAYN L. KENDAeZ, PRE ID k3 xm. M r rh�r .Siwsr 10928829 P • _ ORDER If O: 8019144 EXIIII31T "All MAIISELLA CREST/4106 JOHN M. TARL1: ANU MARSIIALL 11. SACHS, TTEES FUO Santa Monica Pediatric Medical Group, Inc. Employees Pension 'frust as to an undivided 4.500000% iuteresLl RUSSELL W. CARIEEII Aft MAItGAIIE'T 0. CAIUKr R, husband and Wife as community property as to an Undivided 1.500000t Intetestl UL'NNIS A. RIIYNE; M.D. , 'Trustee Saddleback Valley Dt Lhopedic Medical Group Ptofit sharing plan Segregated Accou,,L FUO Dennis A. Idlyne, M.U. as to an undivid- ed 2.500000% inL'eresLl J. SCOTT SOUDERS, '1"1EE FRO J. Scott Souders Employee IleLitement 'frust as to an undivided 0.750000% illtetestl JOHN 11. SCIIUL•'1'Z, M.U. , '1"1'E9 Foo John II. Schuetz, M.b. y Ino. Employee Benefit 'frust as to an undivided 2.5000001 Interest) NANCY I. BROWN, custodian Cot Melissa J. Brown under the Uhlfotm Gift to Minors Act as to an undivided 2.5000000% ihtetest) PETER DAMON BIIoWN, IIIA Account as to an undivided 2.500000% interest; BUDDY. R013CR'1'9, T'1'EE FDO Duddy Robet L9 and Associa Les beflned Benefit Trust as to an undivided 1.2500001 interest; BUDDY ROBERTS AND VIVItNNE ROOCRTS' husband and Wife as community property as to an undivided 1.250000% inter- est) CAPITAL i°1MANCIAL CONSULTANTS, INC. , a California corpo- ration as to an undivided 00.750000% Interest-. 4 10929829 ORDER NO: 8019144 EXHIBIT"B" LEGAL DESCRIPTION ALL OF TRACT NO. 13846 AS SHOWN ON A MAP RECORDED IN BOOK 679, - PAGES 28-33, INCLUSIVE, OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY. EXCEPTING THEREFROM ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS RIGHTS AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN, GEOTHERMAL STEAM AND ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING, THAT MAY BE WITHIN OR UNDER SAID LAND, TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING AND OPERATING THEREFOR AND STORING IN AND REMOVING THE SAME FROM SAID LAND, OR ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN SAID LAND, OIL OR GAS.WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACES OF SAID LAND, AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR ' LIMITS THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES WITHOUT, HOWEVER, THE RIGHT TO DRILL, MINE, STORE, EXPLORE AND OPERATE TDROUGH THE SURFACE OF THE UPPER 500 FEET OF THE SUBSURFACE OF SAID LAND FOR ANY PURPOSE WHATSOEVER, AS RESERVED IN THE DEED RECORDED MAY 9, 1988 AS INSTRUMENT NO. 88-215496, OFFICIAL RECORDS. PARCEL NOS: 650-392-01 -(Lot 1) 650-392-09 -(Lot 9) 650-392-02 -(Lot 2) 650-392-10 -(Lot 10) 660-392-03 -(Lot 3) 650-392-11 -(Lot 11) - 650-392-04. -(Lot 4) 650-392-12 -(Lot 12) 650-392-05 -(Lot 5) 650-392-13 -(Lot 13) 650-392-06 -(Lot 6) 650-392-14 -(Lot 14) ' 650-392-07 -(Lot 7) 650-392-15 -(Lot 15) 650-392-08 -(Lot 8) 650-392-16 -(Lot 16) CALIFOR9IA PRELIMINARYfMOTICE IN ACCORDANCE WITH SECTION 3097 AND 3098, CALIFOR CIVIL CODE THIS 15 NOLIEN, THIS 15 NOT A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR. YOU ARE HEREBY NOTIFIED THAT . . . RAJ LIC :: .1112: . (name of pevson son or or firm furnishing labor,services,equipm¢nt or material) CONSTRUCTION LENDER or Reputed Construction Lender, if any. ;: (�,, 1 <4; F (address of person or firm furnishing labor, services, ; :. LUt O ,a CA �7l -`i equipment or materiaq D.tO �1n G,;i I,. , has furnished or will furnish labor, services, equipment or Oder' materials of the following general description: L (general description of the labor, services, equipment or material furnished or to be furnished) for the building, structure or other work of improvement located at. acO� ;= CCQ'_St '1!7. (address Or description of job site sufficient FOLD MEF SCa- San :i uan x C:1 for indentification) The name of the person or firm who contracted for the purchase of such labor,services,equipment or material is: OWNER or PUBLIC AGENCY Bronco 2D(13ti;iccic:n or Reputed Owner (On public work) (name and address of person or firm) (ronprivate work) Ce> tj_fjed g�aji #P 423 340 272 1:i9 Ga Piacc-,itia Citl o San Juan Capistrano San Clemerr:_a, CA "i2 32400 Paseo Adelanto San Juan Capa. r CA 92675 An estimate of the total'price of the labor, services, equipment or materials furnished or to be furnished is: r - L_ J _ Construction loan n0� (f known) (Dollar amount must be furnished to construction lender Construction as to owner or contractor) Trust Funds to which Supplemental Fringe Benefits are Payable. Job #SB-13492 CALIFOROA PRELIMINARYOIOTICE `` IN ACCORDANCE WITH SECTION 3097 AND 3098, CALIFORNIA CIVIL CODE THIS IS^NO* LIEN, THIS IS NOT A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR. YOU ARE HEREBY NOTIFIED THAT SR: YJ IJ Sand-Calf Inc . (name Of p¢rson or firm furnishing labor,Services,equipment or material) CONSTRUCTION LENDER or Reputed Construction Lender, if any. P 0 BOX 7700-361 (address of person or firm furnishing labor, services, L Corona, CA 91718 equipment or material) has furnished or will furnish labor, services, equipment or No Known Lender materials of the following general description: L J Sandbags (general description of the labor, services, equipment or material furnished or to be furnished) for the building, structure or other work of improvement located at: "Marbella Crest" Tr. 13846 G+ L. (address//o��rrdescription of job site sufficient FOLD HERE San Juan apo, CA for indentifictihon) The name of the person or firm who contracted for the purchase of such labor,services,equipment or material is: OWNER or PUBLIC AGENCY Bronqo Construction or Reputed Owner (on public work) (name and address of person or firm) (on private work) Certified Mail #P 428 340 272 109 La Placentia L City of San Juan Capistrano San Clemente, CA 92672 32400 Paseo Adelanto San Juan Capo. , CA 92675 An estimate of the total price of the labor, services, equipment or materials furnished or to be furnished is: L J $ 10,000.00 Construction loan no. (if known) (Dollar amount must be furnished to construction lender- optional as to owner or contractor) L , RECEIVED REGULAR MAIL Nov 23 3 17 �rY CtFi;r, DF; I,:A rsa 1092x629 City of San Juan Capistrano Office of the City Clerk 32400 Paseo Adeianto n Juan Capistrano , CA 92675 L 35528 (:. �,_v of San .1u. tn Capistrano C!ttice or the City Cierk `24ot1 Paseo rdelanto �r juan Capistraro , CA 92615 MEMBERS OF THE CITY COU VC � M� JERRY HARRIS KENNETH E FRIE55 GARY HAUSOORFER I! GIL JONES c".ne 1961 JEFF VASQUEZ 1776 • CITU MANAGER STEPHEN B JULIAN March 2, 1992 Orange County Recorder's Office Re: Improvement Improvement Agreement/License Agreement - Tract 13846Agreement - Tract 13846 Enclosed is a check in the amount of $25.00 to cover recording costs for the two enclosed agreement. Verytrulyyours, Com/`� Cheryl 7ohnson City Clerk Enclosure 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 • (714) 493-1171 v I J�� MEMBERS OF THE CITY COUNCIL 1111)) JERRY HARRIS KENNETH E FRIESS 01111G 11SF. !moi' /ntr010 GARY L HAUSDORFER 1S n'��fio 1961 GIL JONES JEFF VASQUEZ •�• CITY MANAGER STEPHEN B JULIAN February 20, 1992 Recorder's Office County of Orange P. O. Box 238 Santa Ana, California 92702 Re: Improvement Agreement and License Agreement - Tropiville, Inc. (Barkley) Gentlemen: The subject documents are enclosed for recordation and a check in the amount of $25.00 is enclosed to cover the recording fee for both documents. Thank you for your cooperation. Very truly yours, Cheryl Johnson (/ City Clerk L. P. BARKLEY & ASSOCIATES, INC. 660 88 FAIRLAKE 714.733-8941 IRVINE. CA 92714 10-24/993 /_—9 _ 122001 PAY I,NE ORDER OF $ G COLLARS WOODBRIDGE OFFICE FARGO B . BARRANCAIRVINE,CA•2714 PoR r 11'0006609• 1: 1220002471:09133 030 0 32400 PASEO ADELANTO. SAN JUAN CAPISTRANO. CALIFORNIA 92675 • (714) 493-1171 • ate„ � • 1..� MEMBERS OF THE CITY COUNCIL JERRY HARRIS KENNETH E FRIESS DOR DNUO USE GARY L HAUSDORFER ,�� mmvo,en.c IS x: 1961 GIF JONES 1776 V76 y JEFF VASpUEZ CITY MANAGER STEPHEN 8 JULIAN February 20, 1992 Mr. Les P. Barkley L. P. Barkley & Associates, Inc. 1500 Quail Street, Suite 200 Newport Beach, California 92660 Re: Marbella Crest Estates Dear Mr. Barkley: Enclosed for your files are fully-executed copies of the License Agreement and Improvement Agreement approved by the City Council on June 4, 1991. The City Attorney has accepted the required bonds and the originals of the two agreements have been forwarded to the Orange County Recorder. Very truly yours, Cheryl�Johnsoj'� City Clerk Enclosure 32400 PASEO ADELANTO. SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171 ' copy MEMBERSOF THE CITY COUNCIL LAWRENCEF BUCHHEI M KENNETH E FRIES5 D11110 uK - mIIHI.Tln GARY HAUSOORFER ® IS7Al4 1961 GIL JEFF JONES 1776 VASOUEZ 17 R'�_ • CITY MANAGER STEPHEN B JULIAN June It, 1991 Mr. Les P. Barkley L. P. Barkley & Associates, Inc. 1500 Quail Street, Suite 200 Newport Beach, California 92660 Re: Marbella Crest Estates, Tract 13846 Dear Mr. Barkley: In my letter to you dated June 7, 1991, I indicated that at their June 4, 1991, meeting the City Council had approved a number of items with regard to the Marbella Crest Estates, including the Tentative Map for Tract 13846. The approval on June 4th was of the Final Map for Tract 13846 rather than the Tentative Map. I apologize for any inconvenience you may have been caused. If you have any questions, please do not hesitate to call. Very truly yours, Cheryl City Clerk 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171 L • COPY I t'i MEMBERS THE CITY TY COUNCI y+ LAWRERE NCEF. IESS IM KENNETH E FRIE55 ® UJ. InO.rQMUU GARY L HAUS DORFER If maun.m 1961 GIL JONES 1776 JEFF VASQUEZ CITY MANAGER STEPHEN B JULIAN June 7, 1991 Mr. Les P. Barkley L. P. Barkley & Associates, Inc. 1500 Quail Street, Suite 200 Newport Beach, California 92660 Re: Marbella Crest Estates Dear Mr. Barkley: At their regular meeting held June 4, 1991, the City Council of the City of San Juan Capistrano took the following actions: 1. Approved deferral of Engineering Development fees and bonds for a 60- day period endr g August 3, 1991; 2. Approved the License Agreement for connection to the public storm drains; 3. Approved the Improvement Agreement for Tentative Tract 13846; 4. Accepted the Easements for Off-Site Improvements by the adoption of Resolution No. 91-6-4-8; 14 C-r 5. Approved the T*n4aU*ee44ap Tor Tract 13846. A copy of Resolution No. 91-6-4-8 is enclosed for your files. The agreements, easements and tract map will be forwarded to the Orange County Recorder following receipt of the fees and bonds. If you have any questions, please do not hesitate to call. Very truly yours, &zzt Cheryl Johnson City Clerk Enclosure cc: Director of Engineering and Building 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171 L.P. ARKLEY & ASSOCIATES, INCP 1500 QUAIL STREET SUITE 200 NEWPORT BEACH, CALIFORNIA 92660 TEL: (714) 955-2110 PAX: (714) 955-1812 Ll i.�. 1 < . April 11, 1991 The Honorable Kenneth Friess Mayor City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA. 92675 RE: Marbella Crest Estates(Vesting Tentative Tract MR 13846 Dear Mayor and Councilmen, As you are aware, the tentative approval of the Marbella Crest Estates subdivision was granted by the City Council on April 17, 1990. That approval was voted upon by the Council subsequent to over two years of processing, and extensive plan revisions and public scrutiny. Over the last six months, final plans, including the tract map, grading, improvement and water have been submitted and are being reviewed by the City Staff for final approval of the project. I believe that our commitment to the favorable design and completion of the project has been evidenced by our time expenditure, our record of cooperation with all levels of City authority and the public at large,and our financial expenditures. Thus far, more than$60,000 has been paid directly to the City of San Juan Capistrano for satisfaction of costs and fees associated with the processing and approval of the Marbella Crest project. In addition to these direct costs to the City, we have incurred more than$500,000 in engineering and other costs attributable to the design, revision and approval of the Marbella Crest pian. I am of course desirous of completing all improvement of the site as soon as possible. While the financing necessary to complete the project has been secured,a substantial portion of that funding for the development of Marbella Crest will be disbursed subsequent to record of the Final Map. I am aware that the normal City processing practice is to have the balance of outstanding development fees paid, and all development bonds posted, prior to City Council approval of the Final Map. However, the financing schedule of the project does not provide for adequate funding prior to Final Map record to meet the normal City Final Map requirements. I am respectfully requesting that the City Council allow the posting of performance bonds and payment of the following fees to be deferred for a maximum of 60 days after the approval of the Final Map in order effectuate recordation of the map and,in tum, the full financing of the Marbella Crest development. Parks and Recreation Fee: $52,530 Sewer Capacity Fee: $47,475 Agricultural Preservation Fee: $7,500 APR 15 1991 Y3 1L +4 The Honorable Kenneth Friess April 11, 1991 Page Two Notwithstanding the deferment of the above fees and bond posting,please note that all fees, in excess of$65,000 ,and bonds required by the Capistrano Valley Water District will be satisfied prior to approval of the Final Map. Your consideration of this matter is greatly appreciated. +LeP. rs, LPB✓sc cc: Steve Julian Ted Simon 0 0 MEMORANDUM February 14, 1992 TO: Cheryl Johnson, City Clerk FROM: Theodore G. Simon, City Engineer SUBJECT: Tract 13846 (Marbella Crest/Barkley/Tropiville, Inc.) Bonds: SUR 15 02 70 Perf, and L & M ($215,585 - Sewer, Storm Drain and Equestrian Fencing), SUR 15 02 69 Perf. and L & M ($127,415 - Private Improvements), SUR 15 02 67 Perf. ($2,000 - Monumentation) Attached are the bonds required per the Improvement Agreement, Section 4, which was approved by the City Council on June 4, 1991. It should be noted that the Improvement Agreement, Section 4, requires a $188,620 performance bond and labor and material bond. The $215,585 includes this amount plus an amount for equestrian trail fencing. Based on the City Attorney's review and analysis, dated December 19, 1991, the bonding company, Golden Eagle Insurance Company, is acceptable for reasons applicable only to this development. TGS:cl Attachments cc: George Scarborough Dave Bentz Bill Huber Tony Foster