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HomeMy WebLinkAbout14-75 - Park Mitigation Agreement for Symphony Apartments on Anton BlvdRESOLUTION NO. 14-75 A RESOLUTION OF CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING A "PARK MITIGATION AGREEMENT" FOR FINAL MASTER PLAN PA - 14 -11 FOR THE 393 -UNIT SYMPHONY APARTMENTS AT 585 AND 595 ANTON BOULEVARD IN A PDC ZONE THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, the Symphony Apartments project ("Project") is a six -story, 393 -unit apartment complex (66 feet maximum height) at a density of 81 dwelling units per acre with 731 parking spaces within a parking structure, along with the following: 1. Addendum to Final Program EIR. Final Program Environmental Impact Report No. 1052 was prepared in accordance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines and the City of Costa Mesa Environmental Guidelines. Council certified the Program EIR on November 21, 2006 by adoption of Resolution No. 06-93. Since the project's revision is within the scope of the projects reviewed by EIR No. 1052 and new environmental impacts are not identified with the project, an Addendum to the EIR was prepared by CAA Planning in September 2014. 2. Final Master Plan PA -14-11: an application for: (a) demolition of two restaurant buildings (17,529 square feet) and 373 surface parking spaces; (b) construction of two midrise residential buildings connected with a pedestrian bridge consisting of 393 apartment units, six stories high above grade (66 feet average, 75 feet maximum at the lobby) with one subterranean parking structure that will provide a total of 731 parking spaces (699 standard, 15 tandem and 17 compact spaces) to accommodate the residential units and 4,104 square feet of retail (722 spaces required) and multiple on-site amenities such as three outdoor decks, two pools Resolution No. 14-75 Page 1 of 6 and spas, and fitness rooms; (c) deviation from the perimeter open space requirement along Anton Boulevard (20 feet required, 7 feet proposed) and Avenue of the Arts (20 feet required, 8'6" proposed); (d) Administrative Adjustment to allow encroachment of upper levels of buildings and balconies (Level 3 and above) in the perimeter open space (20 feet required, 12 feet proposed); (e) vacation of a portion of 25 -foot Landscape and Sidewalk Easement ("Easement") along Anton Boulevard frontage (7 feet landscaped setback proposed, 20 feet setback provided to building on the ground floor containing stoops and landscape walls); and, (f) a three-year entitlement for PA - 14 -11. WHEREAS, Parking Structure B is a three-level parking structure (total 342 spaces) at South Coast Metro Center, located at 531 Anton Boulevard including a deviation from shared parking requirements and maximum number of compact parking stalls. WHEREAS, the City Council approved the Addendum to the EIR and Final Master Plan PA -14-11 by adoption of Council Resolution No. 14 — 74; WHEREAS, the Planning Commission approved Parking Structure B by adoption of Planning Commission Resolution No. 08-03; WHEREAS, the City Council may consider and approve a Park Mitigation Agreement by separate Council resolution to mitigate parkland impacts from the proposed project; WHEREAS, the Final Master Plan establishes a mid -rise residential development option that complies with the total number of residential units and non-residential building square footage identified for this sub -area in Area 6 of the North Costa Mesa Specific Plan, as amended per SP -06-02; Resolution No. 14-75 Page 2 of 6 WHEREAS, the Addendum to the certified Final Environmental Impact Report ("EIR") No. 1052 was prepared by CAA Planning in September 2014 and provided as an attachment to the Planning Commission staff report dated October 13, 2014; WHEREAS, a duly noticed public hearing was held by the Planning Commission on October 13, 2014 to allow for public comment on the proposed project and the Addendum to the Final Program EIR and with all persons having been given the opportunity to be heard both for and against the proposed project; WHEREAS, the Planning Commission recommended approval of the Addendum to Final Program EIR and Final Master Plan PA -14-11 on October 13, 2014; WHEREAS, a duly noticed public hearing was held by the City Council on November 18, 2014 to allow for public comment on the proposed project and the Addendum to the Final Program EIR and with all persons having been given the opportunity to be heard both for and against the proposed project; WHEREAS, the City Council has reviewed all environmental documents comprising the Final Program EIR and has found that the Addendum to the EIR considers all environmental impacts of the proposed project and a reasonable range of alternatives, and the Addendum to the EIR is complete, adequate and fully compliant with all requirements of CEQA, the CEQA Guidelines, and the City of Costa Mesa Environmental Guidelines; WHEREAS, the Addendum to the Final Program EIR No. 1052 constitutes project - specific environmental analysis for the revised midrise residential project at 585-595 Anton Boulevard, and no additional environmental review is required prior to construction of the proposed project. Payment of a parkland impact fee pursuant to an executed agreement is a mitigation measure described in the Addendum to the EIR; Resolution No. 14-75 Page 3 of 6 WHEREAS, a parkland impact fee shall be assessed per unit pursuant to a Park Mitigation Agreement between the property owner and the City of Costa Mesa. Parkland impacts from the proposed new residents of the Symphony Midrise Apartment project shall be reduced to below a level of significance based on the joint consideration of the level of on-site amenities and the parkland impact fee in the Park Mitigation Agreement. Specifically, the combination of these shall mitigate the park impacts of the proposed project. Quimby Fees shall no longer apply to the project unless the project is developed as condominium units. BE IT FURTHER RESOLVED that, based on the evidence in the record, the City Council hereby APPROVES the Park Mitigation Agreement to be valid for a five year period from November 18, 2014 to November 18, 2019. The Park Mitigation Agreement is attached as Exhibit A. BE IT FURTHER RESOLVED that the Park Mitigation Agreement also specifies that the entitlement approval for Final Master Plan PA -14-11 (Symphony Apartments) and Final Master Plan PA -07-29 (Parking Structure B) shall coincide with the five year timeframe of the Park Mitigation Agreement; BE IT FURTHER RESOLVED that the Costa Mesa City Council does hereby find and determine that adoption of this Resolution is expressly predicated upon the activity as described in the staff report for Planning Application PA -14-11 and upon the applicant's compliance with each and all applicable the conditions / mitigation measures contained in Council Resolution No. 14 — 74, and compliance of all applicable federal, state, and local laws. Any approval granted by this resolution shall be subject to review, modification or revocation if there is a material change that occurs in the operation, or if the applicant fails to comply with any of the conditions of approval. Resolution No. 14-75 Page 4 of 6 BE IT FURTHER RESOLVED that if any section, division, sentence, clause, phrase or portion of this resolution, or the documents in the record in support of this resolution, are for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions. PAS Stephen W ATTEST: AND ADOPTED on this 18th day of November, 2014. nger, Mayor • •Cu &-waa- 00'u, / /A/M )J Brenda Green, dity Clerk Thomag Duarte ity At orney Resolution No. 14-75 Page 5 of 6 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) I, BRENDA GREEN, City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that the above Council Resolution Number 14-75 as considered at a regular meeting of said City Council held on the 18th day of November, 2014, and thereafter passed and adopted as a whole at the regular meeting of said City Council held on the 18th day of November, 2014, by the following roll call vote, to wit: AYES: COUNCIL MEMBERS: Genis, Mensinger, Righeimer NOES: COUNCIL MEMBERS: Leece, Monahan ABSENT: COUNCIL MEMBERS: None IN WITNESS WHEREOF, I have hereby set my hand and affixed the Seal of the City of Costa Mesa this 19th day of'June, 2015. Brenda Green, City blerk Resolution No. 14-75 Page 6 of 6 OFFICIAL BUSINESS Document entitled to free recording Government Code Section 6103 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Costa Mesa 77 Fair Drive Costa Mesa, CA 92626 Attn: City Clerk 00NFOMMFDCOP�t Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder IIIIIII IIIIIIIIII�IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII * NO FEE * s R 0 0 0 7 6 1 201500031376310:01 am 06117!15 48 413 Al2 15 0.00 0.00 0.00 0.00 42.00 0.00 0.00 0.00 (SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE) PARK MITIGATION AGREEMENT BY AND BETWEEN THE CITY OF COSTA MESA AND JKS-CMFV, LLC AND AMS CRAIG, LLC PARK MITIGATION AGREEMENT BY AND BETWEEN THE CITY OF COSTA MESA, A CALIFORNIA MUNICIPAL CORPORATION, AND JKS-CMFV, LLC AND AMS CRAIG, LLC, EACH A DELAWARE LIMITED LIABILITY COMPANY, FOR THE PROPERTY LOCATED AT 585 ANTON AVENUE WHEREAS, JKS-CMFV, LLC and AMS Craig, LLC, each a Delaware limited liability company (collectively, "Developer"), proposes a project located at 585 Anton Avenue, Costa Mesa, California consisting of a six -story, 393 -unit apartment complex located on the southeast corner of Anton Avenue and Avenue of the Arts and a three-level parking structure (Parking Structure B) with a total of 342 parking spaces at 531 Anton Boulevard ("Project"); and WHEREAS, the property which is the subject of this Agreement is legally described on Attachment No. l attached hereto (the "Property"); and WHEREAS, on October 13, 2014, the Costa Mesa Planning Commission (a) adopted Resolution No. PC -14-46, which approved a time extension for Parking Structure B until October 8, 2016 (originally adopted by Resolution No. PC -08-03 on January 14, 2008), and (b) adopted Resolution No. PC -14-47, recommending that the Costa Mesa City Council (i) certify an Addendum to Final Program Environmental Impact Report No. 1052 (SCH #2006011077) (the "Final EIR"), which Final EIR was originally certified by the City Council's adoption of Resolution No. 06-94 on November 21, 2006, and (ii) approve that certain Final Master Plan PA - 14 -11 ("FMP 14-11 for development of 393 -unit apartment project") (the "Project Approvals"); and WHEREAS, City ordinances and regulations do not require the payment of park impact fees for the Project because park impact fees apply only to projects that require subdivision; however, the Developer agrees to make a Parks and Recreation Improvement Contribution to the City of Costa Mesa; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS FOLLOWS: Recitals. The City Council finds that the foregoing recitals are true and correct. 2. Term. This Agreement shall be for a term of five (5) years from the Effective Date (as defined below). The Planning Director or his or her designee shall have the delegated authority (but not the obligation) to administratively approve up to two (2) one (l) -year extensions of the Term of this Agreement, such that if all extensions were granted the term of this Agreement could be up to seven (7) years from the Effective Date. 3. Effective Date. "Effective Date" means November 18, 2014. 4. Traffic Impact Fees. Developer acknowledges that traffic in the Project vicinity will be impacted due to construction and cars to and from the Project. As a result, Developer hereby agrees to pay a traffic impact fee of Three Hundred Twenty Nine Thousand and Four Hundred Eighty One Dollars ($329,481.00), prior to issuance of the first certificate Of occupancy for the Project. 5. Parks and Recreation Improvement Contribution. Developer acknowledges that the Project will place increased burden on the City's parks. As a result, Developer hereby agrees to provide an apartment park impact fee of the lesser of (a) Three Thousand Dollars per dwelling unit or (b) the applicable per dwelling unit park impact fee provided for in any park impact fee ordinance adopted by the City with respect to apartments, subject to all applicable credits provided for in such ordinance, and in each case payable to the City prior to issuance of the first certificate of occupancy for the Project (the "Parks and Recreation Improvement Contribution"). 6. Park Impact Fees. The City and Developer hereby agree that if the Project is subdivided for condominium development, the Developer shall pay the current in lieu park impact fee of thirteen thousand eight hundred twenty nine dollars ($13,829.00) per dwelling unit ("Park Impact Fees"). Moreover, the Parks and Recreation Improvement Contribution provided for in paragraph 5 shall be credited against the Developer's Park Impact Fees, if the Project is subdivided for a condominium development within five (5) years of the payment of the Parks and Recreation Improvement Contribution. 7. Vested Right to Develop the Project. The City hereby grants to the Developer the vested right to develop the Project on the Property to the extent and in the manner provided in this Agreement, subject to Developer obtaining all applicable land use approvals for the Project. Any change in the Applicable Rules (as defined below) adopted or becoming effective after the Effective Date, other than the Project Approvals, shall not be applicable to or binding upon the Project or the Property. This Agreement will bind the City to the terms and obligations specified in this Agreement and will limit, to the degree specified in this Agreement and under state law, the future exercise of the City's ability to regulate development of the Project. Upon the granting of any additional land use approvals for the Project by City, such approvals shall become part of the "Project .Approvals" and the term of such approvals shall be extended automatically through the Term of this Agreement, notwithstanding any other City law. 8. Applicable Rules. Applicable Rules means the rules, regulations, ordinances and official policies of the City which were in force as of the Effective Date, including, but not limited to, the Project Approvals, the General Plan, City zoning ordinances and other entitlements, development conditions and standards, public works standards, subdivision regulations, grading requirements, and provisions related to density, growth management, environmental considerations, and design criteria applicable to the Project. Notwithstanding the foregoing. Applicable Rules does not include any changes to the City's prevailing wage schedule and/or fee schedule that is the subject of any rules, regulations, ordinances and official policies of the City. 9. Development of the Property. The Developer agrees that the Property shall only be developed in accordance with the Project Approvals and any conditions and mitigation measures imposed on the Project through final approval of the Project, and the provisions of this Agreement. Notwithstanding anything set forth in this Agreement to the contrary, unless Developer proceeds with development of the Project at the Property, Developer is not obligated by the terms of this Agreement to affirmatively act to develop all or any portion of the Project, pay any sums of money, dedicate any land, or to otherwise meet or perform any obligation with respect to the Project, except and only as a condition of development of any portion of the Project. 10. Indemnity. Developer shall defend, indemnify, and hold harmless City, and its respective officers, officials, members, employees, agents, representatives, and volunteers, from all claims, demands, damages, defense costs or liability of any kind or nature relating in any manner to the amount, adequacy or application of development fees for the Project. 11. Notices. All notices, requests, demands, and other communications required or permitted under this Agreement shall be in writing and shall be delivered by either (a) personal delivery, (b) reliable courier service that provides a receipt showing date and time of delivery, (c) registered or certified U.S. Mail, postage prepaid, return receipt requested, or (d) facsimile. Notices shall be addressed to the respective parties as set forth below or to such other address and to such other persons as the parties may hereafter designate by written notice to the other party hereto: To City: City of Costa Mesa Attn: Gary Armstrong 77 Fair Drive Costa Mesa, CA 92626 Copy to: Jones & Mayer Attn: Thomas P. Duarte 3777 N. Harbor Boulevard Fullerton, CA 92832 Developer: JKS-CMFV, LLC and AMS Craig, LLC Attn: George M.K. Sakioka 14850 Sunflower Avenue Santa Ana, CA 92707 Copy to: Wilson Meany, L.P. Attn: Chris Meany Four Embarcadero Center, Suite 3330 San Francisco, CA 941 1 1 Copy to: Gibson, Dunn & Crutcher LLP Attn: Amy R. Forbes, Esq. 333 S. Grand Avenue, 49th Floor Los Angeles, CA 90071 Each notice shall be deemed delivered on the date delivered if by personal delivery or by overnight courier service, on the date of receipt as disclosed on the return receipt if by mail. or 0 on the date of transmission with confirmed successful transmission and receipt if by telefax. By giving to the other parties written notice as provided above, the parties to this Agreement and their respective successors and assigns shall have the right from time to time, and at any time during the term of this Agreement, to change their respective addresses. 12. Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover from the losing party its expert witness fees (if any), its reasonable costs and expenses including, without limitation, litigation costs, and its reasonable attorneys' fees. 13. Binding on Heirs. This Agreement shall be binding upon the parties hereto and their respective heirs, representatives, transferees, successors, and assigns. 14. Scope Agreement, Waivers, and Amendments. This Agreement is limited to the payment of park and traffic impact fees. Nothing herein shall be construed as addressing the Developer's other obligations for the Project. All waivers of the provisions of this Agreement must be in writing and signed by the appropriate authorities of the party to be charged. Any amendment or modification to this Agreement must be in writing and executed by City and Developer. 15. Interpretation; Governing La -vv. This Agreement shall be construed according to its fair meaning and as if prepared by both parties hereto. This Agreement shall be construed in accordance with the laws of the State of California. 16. Severability. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in frill force without being impaired or invalidated in any way. 17. Execution in Counterpart. This Agreement may be executed in several counterparts, and all so executed shall constitute one agreement binding on both parties hereto, notwithstanding that both parties are not signatories to the original or the same counterpart. 18. Attachments. Attachment No. I to this Agreement is incorporated herein by this reference and made a part hereof. Said Attachment(s) are identified as follows: Attachment No. 1: Legal Description 19. Estoppel Certificate. Either party to this Agreement may, at any time, and from time to time, deliver written notice to the other party requesting such party to certify in writing that, to the knowledge of the certifying party, (a) this Agreement is in full force and effect and a binding obligation of the parties; (b) this Agreement has not been amended or modified either orally or in writing, and if so amended, identifying the amendments; (c) the requesting Party is not in default in the performance of its obligations under this Agreement, or if in default, to describe therein the nature of any such default; and (d) such other information as may reasonably be requested. A party receiving a request hereunder shall execute and return such certificate within thirty (30) days following the receipt thereof. The Planning Director or his or her desi;nee shall have the richt to execute any certificate requested by Developer hereunder. City 5 acknowledges that a certificate hereunder may be relied upon by Developer's transferees, lenders and mortgagees. 20. Mortgagee Protection. Notwithstanding anything to the contrary contained herein, no breach of this Agreement shall defeat, render invalid,, diminish or impair the lien of any mortgage made in good faith and for value, but all the terms and conditions contained in this Agreement shall be binding upon and effective against any person or entity, including any deed of trust beneficiary or mortgagee that acquires title to the Property, or any portion thereof, by foreclosure, trustee's sale, deed in lieu of foreclosure, or otherwise, and any such mortgagee or successor to a mortgagee that takes title to the Property or any portion thereof shall be entitled to the benefits arising under this Agreement. If City receives notice from a mortgagee requesting a copy of any notice of default given Developer under this Agreement and specifying the address for service thereof, then City shall deliver to such mortgagee, concurrently with service thereon to Developer, any notice given to Developer with respect to any claim by City that Developer is in default under this Agreement. [SIGNATURE FOLLOWS ON NEXT PAGE] IN WITNESS WHEREOF, City and Developer have entered into this Agreement as of this 16th day of June , 2015. City CITY OF a Califon I� pal corporation Stephen M. Mensinger, Mayor ATTESTATION bu-� Brenda Green, Cit Clerk APPRO AS FORM I Tom 13Liavrtell Cid Attorney [SIGNATURES CONTINUE ON NEXT PAGE] "Developer" JKS-CMFV, LLC, a Delaware limited liability company By: Sakioka Company, LLC, a Delaware limited liability company its Manager By: Ge e M. . Sakioka, its Manager AMS CRAIG, LLC, a Delaware limited liability rnpany By: Name:itraig R. ailia/ra Title: Manager A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ORANGE On June �5 , 2015, before me, &Me+4 _ EriM a Notary Public, personally appeared George M.K. Sakioka, who proved o me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature E '&L (Seal) GEORGETTE ERIKA SHRAKE C-01"sslon 12105386 Notary puubbac - Cali<orNs Dranp Cc" rNM 2e 2019 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or _validity of that document. STATE OF CALIFORNIA COUNTY OF y t'r)4ilr-GI ) On June A , 2015, before me„rttrCh V i lnbefh My�;r'ne, a Notary Public, personally appeared Craig R. Kaihara, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) SARAH ELIZABETH MODINE C. Commission #f 2003638 Vis,;:. a. e < Notary Public - California z Z e7'•_ _ _ "'} Ventura County > My. Comm. Expires Jan 11, 2017 Attachment No. I LEGAL DESCRIPTION PROJECT SITE PARCEL 1, AS SHOWN ON LOT LINE ADJUSTMENT NO. LL -05-03, IN THE CITY OF COSTA MESA, COUNTY OF ORANGE, STATE OF CALIFORNIA, RECORDED SEPTEMBER 19, 2005, AS INSTRUMENT NO. 2005000738603, TOGETHER WITH THAT PORTION OF ANTON BOULEVARD AS VACATED BY RESOLUTION NO. 08-14 OF THE CITY COUNCIL OF THE CITY OF COSTA MESA RECORDED FEBRUARY 22, 2008 AS INSTRUMENT NO. 2008000082004, BOTH OF OFFICIAL RECORDS OF SAID COUNTY, DESCRIBED AS A WHOLE AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF SAID PARCEL 1; THENCE SOUTH 00'26'38" WEST, 193.13 FEET TO A POINT ON A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 34.00 FEET; THENCE SOUTHWESTERLY 53.58 FEET ALONG, SAID CURVE THROUGH A CENTRAL ANGLE OF 89' 57' 10"; THENCE NORTH 89' 36' 12" WEST, 190.44 FEET; THENCE NORTH 88' 53' 59" WEST, 61.50 FEET; THENCE NORTH 89'33'22" WEST, 113.59 FEETTO A POINT ON A CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 285.00 FEET; THENCE WESTERLY 100.76 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 20° 15'25"; THENCE SOUTH 70' 11' 13" WEST, 110.24 FEET TO A POINT ON A CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 190.00 FEET; THENCE WESTERLY 67.17 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 20"151 25"; THENCE NORTH 89° 33'22" WENT, 146.40 FEET TO A POINT ON THE EASTERLY LINE OF THE EASEMENT DEED FOR PUBLIC STREET PURPOSES GRANTED TO THE CITY OF COSTA MESA, RECORDED AUGUST 23, 1999, AS INSTRUMENT NO, 99-612889, OF SAID OFFICIAL RECORDS; THENCE ALONG THE EASTERLY LINE OF SAID EASEMENT, THE FOLLOWING EIGHT (8) COURSES: 1) NORTH 00' 04' 54" EAST, 5.42 FEET; 2) NORTH 89° 55'06" 14.03 FEET TO A POINT ON A CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 30.00 FEET, 3) NORTHWESTERLY 54.25 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 103° 36' 16", 4) NORTH 13" 41' 10" EAST, 28.50 FEET TO A POINT ON A CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 60.00 FEET, 5) NORTHERLY 14.25 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 13° 36,16", 6) NORTH 00' 04' 54" EAST, 184.35 FEET 7) SOUTH 89° 33' 28" EAST, 10.05 FEET AND 8) NORTH 44° 21' 22" EAST, 35.69 FEET TO A POINT ON THE NORTHERLY LINE OF PARCEL 1; THENCE ALONG SAID NORTHERLY LINE AND VACATED PORTION OF ANTON BOULEVARD PER SAID VACATION SOUTH 89. 33' 22" EAST, 815.47 FEET TO SAID POINT OF BEGINNING. DATED THIS DAY OF JwLv 2015 �A rlo USS( 7'F� s9is 535341 \�Q. or ANTON N893322"W ' JL4 vVACATED PORTION OF ANTON BLVD. PER INST. NO. 2008000082004, O.R. PROJECT 8ffE �n PARCEL 1 L.L.A. NO. 05-03 LQ INST. NO. #2005000738603 O.R. O O 0 2 A:20'151 5, d=10336'16" 4=207525" R=285.00' N893322"W L3 L=54.25' L=67.17' 10 11359" . R=.30.00' R=190.00' 070'11,14 1j0.2 L2 N8933'22"W r 146.40' L1 PARCEL 2 L.L.A. NO. 05-03 INST. NO. #2005000738603 O.R. � I LINE TABLE NO. BEARING LENGTH L1 N00'04'54'E 5.50' L2 N89'55'06"W 14.03' L3 N13'41'10"E 28.50' L4 S89'33'28E 10.05' L5 N44 -21-22"E 1 35.58' CURVE TABLE NO. DELTA RADIUS LENGTH C1 13'36'16" 60.00' 14.25' i,,,,, - FUSCOE E N G I N E E R I N G 16795 Von Korman, Suito 100, Irvine, California 92606 tol 949.474.1960 o fax 949.474.5315 a w .fuscoo.com 815.47' BOULEVARD A--90'02'50" L=53.44' R=34.00' 190.44' N8936'12 "W PARCEL 3 L.L.A. NO. 05-03 INST. NO. #2005000738603 O.R. LEGEND: PROPERTY LINE — RIGHT OF WAY UNE — LOT UNE — CENTERLINE EXHIBfr 'B' PROJECT SITE PARCEL 1, LLA NO. 05-03 CITY OF COSTA MESA, CALIFORNIA 2 DA TE.' 6/09/15 SCALE.' 1`--100' M. 703.002.01 1 OF 1 M:\MAPPING\703\02\LEGALS\DEVELOPEMENT AGREEMENT\70302 DEV AGREEMENT EXH.DWG (06-10-15) PARKING STRUCTURE THE EASTERLY 222 FEET OF PARCEL 2, AS SHOWN ON LOT LINE ADJUSTMENT NO. LLA 05-04, IN THE CITY OF COSTA MESA, COUNTY OF ORANGE, STATE OF CALIFORNIA, RECORDED SEPTEMBER 19, 2005, AS INSTRUMENT NO. 2005000738604, OF OFFICIAL RECORDS OF SAID COUNTY. If ul / Sip LAND SU DATED THIS �/ DAY OF���y 2015 A ����1 L. USES j��F�® ►`Jqf IS 5341 ��� DF CAUF� N SCALE r - iw SAN DIEGO FREEWAY LEGEND: PROPERTY UNE RIGHT OF WAY UNE LOT UNE loll I EXHIBrT 'B' DATE 6/09/15 ilk„ = F U S CO E PAUWG STRUCTURE SITE SCALE 1 "=100' E N 0 1 N E E 11 1 N 0 POR. PARCEL 2. LLA NO. 0�5�—p04 ✓N• 70,3 002 01 94 Von Korman, tax 9 100, Irvine, California.f 92606 CITY OF COSTA MESA, CAU ORNU 1 O F 1 W 949.474.1960 o fog 949.474.5315 o www.(uscoo.com M:\MANN(roc;\IU.5\D1\LEGALS\DEVELOPEMENT AGREEMENT\70302 DEV AGREEMENT EXH.DWG (06-10-15)