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Resolution Number 98-11-3-4333 RESOLUTION NO. 98-11-3-4 GEOLOGIC HAZARD ABATEMENT DISTRICTS - SETTING PUBLIC HEARING (TRACT 14196/SJD PARTNERS, LTD) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING SUFFICIENCY OF PETITION, DIRECTING NOTICE TO BE MAILED TO THE PROPERTY OWNER AND SETTING A TIME AND DATE FOR PUBLIC HEARING FOR FORMATION OF A GEOLOGIC HAZARD ABATEMENT DISTRICT PURSUANT TO THE REQUIREMENTS OF PUBLIC RESOURCES CODE OF THE STATE OF CALIFORNIA, DIVISION 17 "GEOLOGIC HAZARD ABATEMENT DISTRICTS" (TRACT 14196/SJD PARTNERS, LTD) WHEREAS, Attachment A is a petition representing the entire real property to be included within the proposed District (PRC 26550.5); and, WHEREAS, the City Clerk of the City of San Juan Capistrano has reviewed the petition and declares it sufficient pursuant to Public Resources Code, Division 17 "Geologic Hazard Abatement Districts" (PRC 26552 and 26553); and, WHEREAS, the City Council shall set a date for public hearing and cause a notice to be mailed to the owner of the entire real property within the District (PRC 26557). NOW, THEREFORE, BE IT RESOLVED, that the City Council ofthe City of San Juan Capistrano does hereby direct and declare as follows: 1. This resolution is made pursuant to Public Resources Code, Division 17 "Geologic Hazard Abatement Districts" (PRC 26558a). 2. The City Clerk of the City of San Juan Capistrano has reviewed the petition and declares it sufficient pursuant to Public Resources Code, Division 17 "Geologic Hazard Abatement Districts" (PRC 26552 and 26553). 3. A plan of control is presented with said petition which has been reviewed and it has been determined that health, safety and welfare require formation of a Geologic Hazard Abatement District (PRC 26558b). 4. A public hearing is set for December 1, 1998, at 7:00 p.m., in the City Council Chambers, City Hall, City of San Juan Capistrano, 32400 Paseo Adelanto, San Juan Capistrano, to accept all public testimony regarding said Geologic Hazard Abatement District (PRC 26558c). -1- 334 5. The City Clerk is hereby directed to notify the owner of the entire real property included within the proposed Geologic Hazard Abatement District pursuant to Public Resources Code Sections 26561, 26562 and 26563 (PRC 26558c). PASSED, APPROVED, AND ADOPTED this November , 1998. ATTEST: I` C Y CLERK 3rd day of 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. 98-11-3-4 adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 3rd day of November 1998, by the following vote: AYES: Council Members Swerdlin, Greiner, Hart, Campbell and Mayor Jones NOES: None ABSTAIN: None ABSENT: None (SEAL) CHERYL JOHNSON, CITY CLERK -2- 335 —" PETITION FOR FORMATION OF GEOLOGIC HAZARD ABATEMENT DISTRICT PURSUANT TO DIVISION 17 (commencing with Section 26500) OF THE PUBLIC RESOURCES CODE OF THE STATE OF CALIFORNIA TO: THE CLERK OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO The undersigned owners of land within the boundaries of the district proposed in this Petitio. nereby request that the City Council initiate proceedings to form a Geologic Hazard Abatement District pursuant to the provisions of Division 17 of the California Public Resources Code Sections 26500 -aL sea. (a) This Petition is made pursuant to Division 17 of the California Public Resources Code with particular reference to Sections 26550.5, 26552 and 26553 of said Code. (b) Opposite the signature of each of the petitioners is an indication of the lot, tract and map number or other legal description sufficient to identify the signature of the petitioner as that of an owner of land within the territory proposed to be included within the proposed district. (c) Opposite the signature of each petitioner is an indication of the date on which said petitioner's signature was affixed to this Petition. (d) The following documents are attached to this Petition and are incorporated herein by this reference as if set forth in full in the Petition: (i) As Exhibit "A", a legal description of the boundaries of the territory proposed to be included within the proposed district; (ii) As Exhibit "B", a map of the boundaries of the territory to be included within the proposed district; and (iii) As Exhibit "C", a "Plan of Control" prepared by Don Terres, CEG,& RG, Associate Geologist, Leighton and Associates, 17781 Coan, Irvine, California 92614, an engineering geologist certified pursuant to Section 7822 of the Business and Professions Code which describes a geologic hazard (as such term is defined in Section 26507 ATTACHMENT A 336 of the California Public Resources Code), its location and area affected thereby, and a plan for the prevention, mitigation, abatement, or control thereof. This Petition is signed by the following owners of land within the territory included within the proposed district: -2- 337 PETITION Lot, Tract and Map Number or Signature of Owner, Other Sufficient Legal EDescrip- Typed or Printed Name tion of Land Owned within Date of Signature of Owner and Mailing Address Territory of Proposed District by Owner Signature All of the real property described on 9f T / 1998 1. See Schedule I Attached Exhibit A attached to this Petition Typed or Printed Name of Owner SJD PARTNERS, LTD. Mailing Address SJD PARTNERS, LTD. c/o SunCal Companies 5109 E. La Palma Ave Suite D Anaheim, CA 92807 Signature , 1998 2. Typed or Printed Name of Owner Mailing Address Signature , 1998 3. Typed or Printed Name of Owner Mailing Address Signature , 1998 4. Typed or Printed Name of Owner Mailing Address 338 SCHEDULEI SID PARTNERS, LTD., a California Limited Partnership By: SID DEVELOPMENT, Corporation a California Corporation By: l �( Its: 339 EXHIBIT "A" LEGAL DESCRIPTION OF THE BOUNDARIES OF THE TERRITORY 340 EXHIBIT "A" LEGAL DESCRIPTION FOR GEOLOGIC HAZARD ABATEMENT DISTRICT BOUNDARY Those portions of Lots 5 and 8, in the City of San Juan Capistrano, County of Orange, State of California, as shown on a map filed in Book 4, Page 15 of Record of Surveys in the Office of the County Recorder of Orange County, California, described as follows: PARCEL A PARCEL A-1 Beginning at the intersection of the Northeasterly line of that certain parcel of land described as Parcel 8, in the City of San Juan Capistrano, County of Orange, State of California, in the Deed recorded October 6, 1930 in Book 428, Page 75 of Official Records, with the centerline of the California State Highway (100 feet wide), as described in the Quitclaim geed recorded December 29, 1944 in Book 1287, Page 462 of Official Records; thence from said point of beginning, South 64°06'40" East along said Northeasterly line, 947.49 feet to a point; thence South 25°53'20" West 380.84 feet to a point; thence North 76024'40" West 663.39 feet to a point; thence South 47134'20" West 119.84 feet to a point; thence North 20°44' West 432.01 feet to a point in the centerline of said California State Highway; thence North 35°49'02" East along said centerline, 341.93 feet to the point of beginning, being a portion of Lot 8 as shown on a licensed surveyor's map filed in Book 4, Page 15 of Record of Surveys, in the office of the County recorder of Orange County, California. Excepting therefrom that portion lying Northwesterly of the following described line: Beginning at the most Southerly corner of the land described in Deed to the State of California, recorded June 13, 1967 in Book 8277, Page 568 of official records of said County; thence Northeasterly along the Southeasterly line of said Land, to its intersection with the October 12, 1998 Page I of 11 W.O. 1890-14196 II&A Legal No. 4588 Prepared By 11. Coss Ck'd By: R. kVilliauis/tj Southeasterly line of the land described in Deed to the State of California, recorded May 16, 1958 in Book 4287, Page 239 of Official Records; thence Northeasterly along said last mentioned Southeasterly line, to the intersection with the Northeasterly line of the above described land. Also excepting therefrom that portion lying Northerly and Westerly of the following described line; Beginning at the intersection of the Northeasterly line of that certain parcel of land described as Parcel 8, in the City of San Juan Capistrano, County of Orange, State of California, in the Deed recorded October 6, 1930 in Book 428, Page 75 of Official Records, with the centerline of the California State Highway ( 100 feet wide), as described in the Quitclaim Deed recorded December 29, 1944 in Book 1287, Page 462 of Official Records; thence from said Point of Beginning, North 35049'02" East along the centerline of the California State Highway, 295.04 feet to a point North 54119'50" West of the most Westerly corner of the 37.10 acre parcel of land described as Parcel I in the Deed dated, November 12, 1947 from Marco F. Forster and wife, to Rosenbaum Rancho Co., recorded December 30, 1947 in Book 1613, Page 219 of Official Records; thence South 54°19'50" East 427.04 feet; thence North 81°10' East 385.20 feet; thence North 35°02'20" East 497.17 feet; thence South 22°03'10" East 1386.08 feet to the Northerly line of said Lot 8; thence North 20°07'04" West 293.57 feet along last mentioned course (on a different basis of bearings) to the TRUE POINT OF BEGINNING ; thence North 54°25'03" West 151.70 feet; thence North 48°42'00" West 538.26 feet; thence North 87°18'00" West 155.28 feet; thence South 6°55'00" West 181.47 feet; North 87°40'00" West 619.21 feet; thence South 14°32'00" West 379.19 feet to the course cited as, "North 76°24'40" W 663.39 feet" herein above. October 12, 1998 Page 2 of 11 XV.O.1890-14196 H&A Legal No. 4588 Pi'eparecl By: If. Foss Ck'd By: R Williams/y 341 342 Parcel A-2 Beginning at a point which bears South 64°06"40' East (record South 64°03'45" East) 947.49 feet from the intersection of the Northeasterly line of a certain parcel of land described as Parcel 8 in the Deed recorded October 6, 1930 in Book 428, Page 75 of Official Records, with the centerline of the California State Highway (100 feet wide), as described in the Quitclaim Deed recorded December 29, 1944 in Book 1287, Page 462 of Official Records, said point of beginning being the most Easterly corner of the land described in Parcel A-1 herein; thence from said point of beginning, South 25°53'20" West 380.84 feet; thence South 76°24'40" East 504.26 feet; thence South 25°51'40" East 222.39 feet ; thence South 5°0740" East 1629.59 feet to a point in the Easterly line of Lot 8 as shown on a Licensed Surveyor's Map filed in Book 4, Page 15 of Record of Surveys in the Office of the County Recorder of Orange County, California; thence North 22145' East 1810.42 feet to the Easterly corner of said Lot 8; thence North 64°06'40" West (Record North 64003'45" West) 1407.90 feet to the Point of Beginning. PARCEL A-3 Beginning at the intersection of the Northeasterly line of that certain parcel of land described as Parcel 8, in the City of San Juan Capistrano, County of Orange, State of California, in the Deed recorded October 6, 1930 in book 428, Page 75 of Official Records, with the centerline of the California State Highway ( 100 feet wide), as described in the Quitclaim Deed recorded December 29, 1944 in Book 1287, Page 462 of Official Records; thence from said point of beginning, North 35°49'02" East along the centerline of the California State Highway, 295.04 feet to a point North 54°19'50" West of' the most Westerly corner of the 37.10 acre parcel of land described as Parcel 1 in the Deed dated, November 12, 1947 from Marco F. Forster and wife, to Rosenbaum Rancho Co., recorded December 30, 1947 in Book 1613, Page 219 of Official Records; thence South 54°19'50" East 427.04 feet; thence North 81°10' East 385.20 feet, October 12, 1998 Page 3 of 11 W.0.1890-14196 H&A Legal No. 1588 Prepared By: 11. Foss Ck'd By: R. Williamsitj 343 EXHIBIT "A" LEGAL DESCRIPTION FOR GEOLOGIC HAZARD ABATEMENT DISTRICT BOUNDARY Those portions of Lots 5 and 8, in the City of San Juan Capistrano, County of Orange, State of California, as shown on a map filed in Book 4, Page 15 of Record of Surveys in the Office of the County Recorder of Orange County, California, described as follows: PARCEL A PARCEL A-1 Beginning at the intersection of the Northeasterly line of that certain parcel of land described as Parcel 8, in the City of San Juan Capistrano, County of Orange, State of California, in the Deed recorded October 6, 1930 in Book 428, Page 75 of Official Records, with the centerline of the California State Highway (100 feet wide), as described in the Quitclaim Deed recorded December 29, 1944 in Book 1287, Page 462 of Official Records; thence from said point of beginning, South 64°06'40" East along said Northeasterly line, 947.49 feet to a point; thence South 25°53'20" West 380.84 feet to a point; thence North 76024'40" West 663.39 feet to a point; thence South 47"34'20" West 119.84 feet to a point; thence North 20°44' We- 432.01 feet to a point in the centerline of said California State Highway; thence North 35°49'02" East along said centerline, 341.93 feet to the point of beginning, being a portion of Lot 8 as shown on a licensed surveyor's map filed in Book 4, Page 15 of Record of Surveys, in the office of the County recorder of Orange County, California. Excepting therefrom that portion lying Northwesterly of the following described line: Beginning at the most Southerly corner of the land described in Deed to the State of California, recorded June 13, 1967 in Book 8277, Page 568 of official records of said County; thence Northeasterly along the Southeasterly line of said Land, to its intersection with the October 12, 1998 Pagc 1 of 11 W.O. 1890-14196 11,A Legal No. 4588 Prepared By: n. Foss Ck'd Be: R. Williatns/tj 344 Southeasterly line of the land described in Deed to the State of California, recorded May 16, 1958 in Book 4287, Page 239 of Official Records; thence Northeasterly along said last mentioned Southeasterly line, to the intersection with the Northeasterly line of the above described land. Also excepting therefrom that portion lying Northerly and Westerly of the following described line; Beginning at the intersection of the Northeasterly line of that certain parcel of land described as Parcel 8, in the City of San Juan Capistrano, County of Orange, State of California, in the Deed recorded October 6, 1930 in Book 428, Page 75 of Official Records, with the centerline of the California State Highway ( 100 feet wide), as described in the Quitclaim Deed recorded December 29, 1944 in Book 1287, Page 462 of Official Records; thence from said Point of Beginning, North 35°49'02" East along the centerline of the California State Highway, 295.04 feet to a point North 54°19'50" West of the most Westerly corner of the 57.10 acre parcel of land described as Parcel 1 in the Deed dated, November 12, 1947 from Marco F. Forster and wife, to Rosenbaum Rancho Co., recorded December 30, 1947 in Book 1613, Page 219 of Official Records; thence South 54°19'50" East 427.04 feet; thence North 81°10' East 385.20 feet; thence North 35°02'20" East 497.17 feet; thence South 22°03'10" East 1386.08 feet to the Northerly line of said Lot 8; thence North 20°0704" West 293.57 feet along last mentioned course (on a different basis of bearings) to the TRUE POINT OF BEGINNING ; thence North 54°25'03" West 151.70 feet; thence North 48°42'00" West 538.26 feet; thence North 87°18'00" West 155.28 feet; thence South 6°55'00" West 181.47 feet; North 87°40'00" West 619.21 feet; thence South 14°32'00" West 379.19 feet to the course cited as, "North 76°24'40" W 663.39 feet" herein above. October 12, 1998 Page 2 of I I tC.U.1890-11196 II&A Legal No. 1588 Prepmrd By: 11. Doss Ck'd Bc: R. AVilliants/11 Parcel A-2 345 Beginning at a point which bears South 64°06"40' East (record South 64°03'45" East) 947.49 feet from the intersection of the Northeasterly line of a certain parcel of land described as Parcel 8 in the Deed recorded October 6, 1930 in Book 428, Page 75 of Official Records, with the centerline of the California State Highway (100 feet wide), as described in the Quitclaim Deed recorded December 29, 1944 in Book 1287, Page 462 of Official Records, said point of beginning being the most Easterly corner of the land described in Parcel A-1 herein; thence from said point of beginning, South 25053'20" West 380.84 feet; thence South 76°24'40" East 504.26 feet; thence South 25°51'40" East 222.39 feet ; thence South 5007'40" East 1629.59 feet to a point in the Easterly line of Lot 8 as shown on a Licensed Surveyor's Map filed in Book 4, Page 15 of Record of Surveys in the Office of the County Recorder of Orange County, California; thence North 22045' East 1810.42 feet to the Easterly corner of said Lot 8; thence North 64°06'40" West (Record North 64°03'45" West) 1407.90 feet to the Point of Beginning. PARCEL A-3 Beginning at the intersection of the Northeasterly line of that certain parcel of land described as Parcel 8, in the City of San Juan Capistrano, County of Orange, State of California, in the Deed recorded October 6, 1930 in book 428, Page 75 of Official Records, with the centerline of the California State Highway ( 100 feet wide), as described in the Quitclaim Deed recorded December 29, 1944 in Book 1287, Page 462 of Official Records; thence from said point of beginning, North 35°49'02" East along the centerline of the California State Highway, 295.04 feet to a point North 54°19'50" West of the most Westerly corner of the 37.10 acre parcel of land described as Parcel I in the Deed dated, November 12, 1947 from Marco F. Forster and wife, to Rosenbaum Rancho Co., recorded December 30, 1947 in Book 1613, Page 219 of Official Records; thence South 54'19'50" East 427.04 feet; thence North 81°10' Fast 385.20 feet; October 12, 1998 Page 3 of 11 W.O. 1890-14196 H&_A Legal No. 4588 Prepared BY: 11. Foss Ck'd By: R. Williauu/tj 346 thence North 35°02'20" East 497.17 feet, thence South 22003'10" East 1386.08 feet; thence North 64°06'40" West (Record North 84003'45" West) 1896.49 feet to the point of Beginning. Excepting therefrom, all that portion of said land lying Westerly of the following described line, being the Easterly line of the land described in a Deed to the State of California, recorded May 10, 1958 in Book 4287, Page 239 of Official Records. Beginning at the intersection of the Southwesterly line of the land above described, with the Easterly line of said land to the State of California; thence North 14°00'59" East along said Easterly line of the State of California, to an angle point therein; thence North 35°49'02" East along said Easterly line, to the intersection of said Easterly line with the Northeasterly line of said land above described. Also excepting therefrom that portion lying Northerly of the following described line; Beginning at a point distant North 20007'04" West 24357 feet (on a different basis of bearings) from Southerly terminus of course described as, "S 22°03'10" E 1386.08 feet" above; thence North 54°25'03" West 151.70 feet; thence North 48°42'00" West 53826 feet; thence North 87°18'00" West 155.28 feet; thence South 6°55'00" West 181.47 feet; North 87°40'00" West 619.21 feet; thence South 14°32'00" West 379.19 feet to the course cited as, "North 76°24'40" W 663.39 feet' herein above. PARCEL B That portion of Lot 8, in the City of San Juan Capistrano, County of Orange, State of California, as shown on a map filed in Book 4, Page 15 of Record of Surveys, in the office of the County recorder of Orange County, California, described as follows: Oc(ober 12, 1998 Page 4 of 1 1 W.O.1890-14196 II&A Legal No. 4588 Prepared By: It. Foss U'd By: R. Williams/tj 347 Commencing at the intersection of the Northeasterly line of that certain parcel of land described as Parcel 8 in the deed recorded October 6, 1930 in Book 428, Page 75 of Official Records, with the centerline of the California State Highway (100.00 feet wide), as described in the quitclaim deed recorded December 19, 1944 in Book 1287, Page 462 of Official Records; thence South 35°49'02" West along the centerline of said highway, 341.93 feet to the TRUE POINT OF BEGINNING of this description; thence South 20°44' East 432.01 feet, thence South 10°26'40" East 251.43 feet; thence South 21°29'20" West 634.52 feet, thence South 59°19'20" East 1185.00 feet; thence North 49°59'20" East 706.11 feet; thence South 510740" East 1032.12 feet; thence South 22°45' West 233.36 feet; thence South 74°20' West 617.11 feet; thence South 62°30'45" West 1127.52 feet; thence South 61004' West 1300.17 feet; thence South 760 West 755.38 feet to a point in the Easterly line of the California State Highway; thence North 05001'30" East along said line of said highway, 238 feet, more or less, to the intersection with the Easterly line of said prior Homestead; thence along said Easterly line of said prior Homestead, North 27°53'30" East 89.98 feet; thenc, North 05°30' East 1047.16 feet; thence North 13°32' East 431.67 feet to the intersection of said Pryor Homestead with the centerline of said California State Highway; thence Northerly along said centerline, along a curve thereof, 382.72 feet to the Northerly end of said curve; thence continuing along the centerline of said highway, North 38°54' East 1565.30 feet to the Engineers Station 454+71.88 thereof; thence continuing Northerly along the centerline of said highway, along a curve thereof 218.17 feet to the Northerly end of said curve at Engineer's Station 456+90.05; thence continuing along the centerline of said highway, North 26024' East 710.97 feet to Engineer's Station 464+01.02; thence Southeasterly to the TRUE POINT OF BEGINNING. Excepting therefrom, the following parcels of land: (A) beginning at a point in the Southwesterly line of that certain parcel of land described as Parcel 1 in the Deed from Marco F. Forster and Elizabeth Forster to Wendell K. McCraken and Helen V. McCraken, Recorded in Book 1603, Page 298 of Official Records, Records of Orange County, California, Said point being South 59°19'20" East 159.10 feet from the most Westerly October 12, 1998 Page 5 of I I W.O. 1890-1,1196 II& A Legal No. 4588 Prepared Bv:If. Foss Ck'd BY: R. W liam+/y 348 corner the-eof; thence South 59°19'20" East 257.58 feet; thence South 2°38'20" West 208.06 feet; thence South 17051'20" West 182.71 feet to the beginning of a curve concave to the Northwest and having a radius of 150.00 feet and a central angle of 54°00'40"; thence a Southwesterly direction along the arc of above mentioned curve, 141.40 feet; the South 71°52'00" West 239.97 feet to the beginning of a curve concave to the North and having a radius of 300 feet and a central angle of 23007'54'; thence in a Westerly direction along the arc of the above mentioned curve, 121.12 feet; thence North 85°00'06" West 401.33 feet; thence North 73030'02" West 16.62 feet; thence North 39'15'40" East 1039.24 feet to the Point of Beginning. (B) Beginning at the intersection of the Northeasterly line of that certain parcel of land described as Parcel 8 in the Deed recorded October 6, 1930 in Book 428, Page 75 of Official Records, with the centerline of the California state Highway (100 feet wide), as described in a Quitclaim Deed recorded December 29, 1944 in Book 1287, Page 462 of Official Records, thence South 35°49'02" West 341.93 feet; thence South 20044' East 432.01 feet; thence South 10°26'40" East 251.43 feet; thence South 21°29'20" West 634.52 feet; thence South 27°59'50" West South 86.56 feet to the beginning of a curve concave to the Northwest, having a central angle of 1 1"47' and a radius of 400 feet; thence in a Southwesterly direction along the arc of the above mentioned curve, 82.26 feet; thence South 39"46'50" West 102.53 feet to the beginning of a curve concave to the Southeast, having a central angle of 28°16'50" and a radius of 200 feet; thence Southwesterly and Southerly along the arc of the last mentioned curve, 98.72 feet; thence South 11°30'00" West 136.18 feet to the beginning of a curve concave to the Northeast, having a central angle of 85°00'02" and a radius of 100 feet; thence Southeasterly along the arc of the last mentioned curve, 148.35 feet; thence South 73°30'02" East 74.01 feet to a point, said point being the TRUE POINT OF BEGINNING of the herein described land; thence from said TRUE POINT OF BEGINNING, South 73°30'02" East 71.67 feet; thence South 85°00'06" East 200.15 feet; thence South 40'17'40" East 158.73 feet, thence South 3°04'20" West 149.85 feet; thence South 5100720" West 146.40 feet; thence South 63'12'20" West 69.65 feet; thence South 83°07'20" West 127.60 feet: thence North 71°47'40" West 110.65 feet, thence North 1022'20" October 12, 1998 Page 6 of 11 W.O. 1890-14196 II&A Legal No. 4588 Prepared By: If. Foss Ck'd By: R. WilliansiIj 349 East 251.90 feet; thence North 13042'10" East 165.39 feet to the TRUE POINT OF BEGINNING. (C) Beginning at a point which bears South 49°59'20" West 706.11 feet, and thence North 59059'20" West 706.11 feet, and thence North 59°19'20" West 167.89 feet from the most Easterly corner of Parcel I of the land described in the Deed to Wendell K. McCraken and others, recorded December 30, 1947 in Book 1603, Page 298 of Official Records; running thence from said point of beginning, North 59°19'20" West 301.23 feet; thence South 2°38'20" West 208.06 feet; thence South 17°21'40" East 153.30 feet; thence North 17°51'20" East 29.42 feet to the beginning of a curve concave to the East, having a centerline radius of 150.00 feet, and central angle of 36°48'30"; thence in a Northerly direction, along the arc of the above mentioned curve, 96.36 feet; thence North 54°39'50" East 91.28 feet; thence North 62038'20" East 93.90 feet to the Point of Beginning. (D) Commencing at the intersection of the Northeasterly line of that certain parcel of land described in Parcel 8 in the Deed recorded October 6, 1930 in Book 428, Page 75 of Official Records in said office, (also being the Northeasterly line of said Lot 8), with the centerline of the California State Highway (100 feet wide), as described in Deed recorded in Book 1298, P, -,e 372 of said Official Records; thence along said centerline, South 36°37'34" West 341.93 feet to the TRUE POINT OF BEGINNING of this description; thence South 19°55'28" East 134.41 feet; thence South 56°33'06" West 9.71 feet; thence North 53°22'26" West 30.00 to a point on a line parallel with and distant Southeasterly 79.00 feet, measured at right angles from said centerline said point being opposite Engineer's Station 461+46.90; thence along said parallel line, South 36°37'34" West 1500.00 feet to a point opposite Engineer's Station 446+90 of said centerline; thence leaving said parallel line, South 31°19'36" West 1018.78 feet; thence South 16°55'16" West 137.47 feet; thence South 53°28'47" East 467.53 feet; thence South 15038'32" West 259.62 feet; thence South 47°28'28" West 685.78 feet; thence South 5°15'42" West 38021 feet: thence South 33°25'42" Fast 350.49 feet to a point on the line described in the Deed to Marco F. Forster and Elizabeth J. Forster, recorded in Book 856, Page 70 of said Official October 12, 1998 Page 7 of 1 I \.0.1890-14196 II&A Legal No. 1,)88 Prepared By: I I. Foss (Wd IW: R. Williams/1I 350 Records, as having a bearing South 76°West, distant Easterly 515.82 feet from the Westerly terminus of said line; thence along said line, South 76°48'32" West 515.82 feet to a point in the Easterly line of the California State Highway, as shown on said map; thence along said Easterly line, North 5°50'02" East 238.00 feet, more or less, to the intersection with the Easterly line of the Pryor Homestead, as described in decree recorded in Book 7, Page 31 of Homesteads in the Office of the County Recorder of Los Angeles County, California; thence along said Easterly line of said Pryor Homestead, in a general Northerly direction to the intersection of said Easterly line with the centerline of the California State Highway, as shown on said map; thence in a general Northeasterly direction, along said last mentioned centerline to Engineer's Station 464+01.02; thence Southeasterly to the Point of Beginning. (E) Commencing at the most Southerly corner of Parcel 13, as shown on the Record of Survey Map recorded in Book 49, Page 24 of Record of Surveys in the Office of the County Recorder of Orange County, California; thence North 59°19'2." West 167.89 feet along the Southwesterly boundary of said Parcel 13; thence South 1°09'20" Fast 133.47 feet; thence South 29054'20" East 114.93 feet; thence North 79°42'40" East 62.64 feet; thence North 9°03'50" West 70.39 feet; thence North 26°54'40" East 74.81 feet to the Point of Beginning. (F) Beginning at the Northeasterly terminus of that certain course described in the Deed to the State of California, recorded in Book 4248, Page 286, Official Records, in said office, as having a bearing and distance of "South 31°19'36" West, 1018.78 feet"; thence along said certain course, South 31°19'36" West 100.43 feet; thence North 39°54'08" East 100.16 feet; thence North 38°03'30" East 200.06 feet; thence North 35°ll'38" East 400.12 feet; thence North 3603734" East 359.76 feet to the Easterly line of a 60.00 foot strip of land as described in the Deed to the State of California, recorded in Book 281, Page 243 of Deeds in said office; thence along said Easterly line North 27°12'32" East 61.11 feet to that certain course described in first mentioned Deed as having a bearing and distance of "South 36°3734" West, 1500.00 feet'; thence along last mentioned certain course, South 36°3734" West 1020.05 feet to the Point of Beginning. October 12, 1998 Page 8 of 11 XV.0.1890-14196 H&1 Legal No. 4588 Prepared By: II. Foss (I'd Bv: R. Williams/tj 351 Excepting therefrom that portion included within the land conveyed in said deed to the State of California, recorded in Book 4800, Page 195, Offic� :1 Records (G) Beginning at a point in said certain course described in Parcel (F) above as having a distance of 1018.78 feet, distant thereon North 31°19'36" East 96.42 feet from the Southwesterly terminus of said last mentioned certain course; thence North 38°37'52" East 193.79 feet; thence North 16°39'26" East 97.29 feet to said last mentioned certain course; thence along said last mentioned certain course, South 31019'36" West 286.34 feet to the Point of Beginning. (H) Beginning at the Northwesterly terminus of that certain course described in said Deed recorded in said Book 4248, Page 286, as having a bearing and distance of "South 33125'42" East, 350.49 feet"; thence along said last mentioned certain course, South 33°25'42" East 27.40 feet; thence North 4°41'55" East 218.15 feet; thence North 3°44'43" West 95.73 feet to a point in that certain course described in last said Deed as having a bearing and distance of "South 5015'42" West, 380.21 feet"; distance thereon North 5°15'42" East 291.29 feet from the Point of Beginning; thence along said last mentioned certain course, South 5°15'42" West 291.29 feet to the Point of Beginning. (I) That portion of said land conveyed to the State of California by Deed recorded August 30, 1971 in Book 9782, Page 185, Official Records. Q) That portion of said land conveyed to Jerry W. Neely and Nancy C. Neely, husband and wife, by Deed recorded October 20, 1977 in Book 12423, Page 126, Official Records. Also excepting therefrom that portion lying Northerly of the following described line; Beginning at the Westerly terminus of the course described as "N71°4740" W 110.65 feet" in exception "(B)" mentioned above; thence North 78°09'48" West 190.36 feet; thence South October 12, 1998 Page 9 of l I W.0.1890-14196 11&.,1 Legal No. 4588 Prepared BV: It. Goss Ck'd By: R. Williams/(j 352 72°24'27" West 360.92 feet; thence North 62°41'06" West 148.75 feet to a point on the course described as "S15038'32" W 259.62 feet" in exception "(D)" described above. PARCEL C Parcel 2, in the City of San Juan Capistrano, County of Orange, State of California, as shown on a map filed in Book 153, Pages 12 to 14 inclu •ive of Parcel Maps, in the Office of the County Recorder of said County, California. PARCEL D That portion of Lots 7 and 13, in the City of San Juan Capistrano, County of Orange, State of California, as shown on a map filed in Book 4, Page 15 of Record of Surveys, in the Office of County Recorder of said County, described as follows: Beginning at the true point of beginning described in a Deed to Darmi, Inc., recorded January 9, 1962 as Instrument No. 5572, in Book 5969, Page 672, Official Records of said County, said point of beginning being the Southerly terminus of a course described as South 22°45'00" West 2043.78 feet in said Deed, said point also being an angle point in the Northerly line of said Lot 7; thence South 74020'00" West 617.11 feet to the Northeasterly corner of said Lot 13; thence 62"30'45" West 1127.52 feet; thence South 61"04'00" West 1300.17 feet; thence South 76"00'00" West 239.56 feet to the Northeasterly corner of the land described in Deed to the State of California, recorded October 19, 1955 in Book 3250, Page 470, Official Records of said Orange County; thence entering said Lot 13, along the boundary line of the land described in said Deed to said State of California, South 34'14'14" East 251.45 feet; thence South 41'1 VOW East 438.72 feet; thence South 25°30'17" East 293.69 feet, more or less, to a point in the line that is the most Westerly angle point in the boundary of land Deeded to DARMI, Inc., a California Corporation, in Deed recorded January 9, 1962 as Instrument No. 5572, in Book 5969, Page 672, Official Records of said County; thence along said DRM1, Inc. boundary line, the following courses and October 12. 1998 Page 10 of I 1 W.O. 1890-14196 f IkA Legal No. 4588 Prepared By: 11. Foss U'd By: K. Williams/tj 353 distances: North 78000'00" East 2200.00 feet, and North 22°00'00" E-st 1200.00 feet; thence leaving said DARMI, Inc. Deed line, North 17°40'41" West 637.14 feet, more or less, to the Point of Beginning. Except therefrom that portion described in the Deed to the City of San Juan Capistrano, recorded July 30, 1970 in Book 9361, Page 34 of Official Records. Note: The above legal description is being provided to describe an Assessment District only. October 12, 1998 Page 11 of I l W.O. 1890-14196 1I&A Legal No. -1388 Prcparcd Bv:11. Foss U'd BN: R. Williams/ij 354 EXHIBIT "B" MAP OF THE BOUNDARIES OF THE TERRITORY 355 11 m 0 W C 356 EXHIBIT "C" PLAN OF CONTROL 357 EXHIBIT C 1. Description of Geologic Hazards. The site proposed for development of Tentative Tract 14196 in the City of San Juan Capistrano is located within a large regional area known to contain geologic hazards. Topographically, the area is characterized by a series of relatively steep natural slopes, ridgehries and deep canyon areas. The geologic units, which underlie the site are the late Miocene to early Pliocene aged Capistrano and Niguel Formations. Geologic hazards known to exist in this general area include ancient landslides, thick deposits of compressible alluvium in canyon bottoms, and collu—ia! soils on natural slope areas. In addition, a series of inactive faults have been mapped throughout the region. The soils that comprise the Capistrano and Niguel Formations in general consist of siltstone, sandstone, and claystone. In particular, the siltstone and claystone units are prone to slope instability when exposed in a slope face. These soils area also generally highly expansive and can cause distress to at -grade improvements if not addressed. Prior to development of Tentative Tract 14196, a geotechnical investigation was performed in accordance with the current standards of care for the geotechnical profession in Southern California and the guidelines of the City of San Juan Capistrano. This investigation identified geologic hazards on the site and provided recommendation to mitigate the known geotechnical hazards. Site mitigation will include removal and recompaction of potentially compressible soils in areas of proposed development, complete removal of unsuitable portions of the ancient landslides, the stabilization of selected proposed cut slopes, control of surface runoff. installation of subdrains to minimize the accumulation of groundwater and reinforcement of fill slopes having inclinations steeper than gradients of 2:1 (horizontal to vertical). Geologic mapping and observation during site grading to identify the known and possible other geologic hazards will be performed. In addition, other geologic hazards resulting in part from site development will be present. Infilling of deep canyon areas (which will buttress natural slopes) creates a potential for some fill settlement. Recommended mitigation for fill settlement will likely include placement of the fill at moisture contacts above the soils optimum moisture content, increased compactive effort (i.e., fills placed at greater than 90 percent minimum relative compaction), installation of subdrains and the installation and monitoring of settlement monuments to determine the time period required to allow settlement of the deep tills to occur prior to construction. In addition to anticipated differential settlement some of the onsite soils are likely to be very highly expansive. Soils such as these are likely to be prone to some slope creep when exposed in and/or near slope face. In order to minimize the effects of possible slope creep and expansive soils, structural setbacks from tops of slopes, increased of special reinforcement of foundations and slabs, and presaturation of slab subgrade soils are recommended. Anticipated differential settlements and applicable geotechnical parameters are also provided to the project structural and civil engineers for their considerations. Site development will also include the construction of a number of lots at the base of steep, narrow small tributary canyons. Geotechnical analysis indicates the mud flow hazards on the 358 site are considered low. However. the mudflow potential is greater during times of intense _ rainfall episodes and especially after the slopes are disturbed or denuded by tire. To minimize the potential adverse affects of mudflows, a series of debris fences and catchment areas may be utilized. A more complete discussion of the site geology and geologic hazards that may impact the site are presented in the geotechnical reports for the project. These reports are on file and available for review at the City of San Juan Capistrano. The City has recognized that geologic hazards do exist in the area and approved the geotechnical reports, which provide recommendations and solutions to these concerns. The City has also recognized that the recommended solutions are based on the current level of technology and standards of care. In addition, the recommendations presented in the project geotechnical reports are intended to reduce the potential for future geotechnical concerns but cannot eliminate all future risk. Recognizing that there will always be potential for a geologic hazard to occur, the City has requested that a hazard abatement district be established to correct any future problems that may occur on the site. 2. Plan for Control. In the event a geologic hazard were to occur, a plan for control, and mitigation of the condition should be established. Because all known geologic hazards will be mitigated in accordance with current standards during construction, the hazards which may require future mitigation or control are unknown. Therefore, in the event a geologic hazard is identified the plan for control will be to retain a qualified geotechnical consultant to develop a plan of control appropriate to the identified hazard.