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HomeMy WebLinkAbout07-05 - Amendment DA-07-01 to Segerstrom Home Ranch Development (DA-00-01)ORDINANCE NO. 07-5 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT AMENDMENT DA -07-01 TO THE SEGERSTROM HOME RANCH DEVELOPMENT AGREEMENT (DA -00-01). THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Costa Mesa, California, does hereby find and declare as follows: 1. On or about December 3, 2001, the City Council of the City of Costa Mesa adopted Ordinance No. 01-29 approving Development Agreement DA -00- 01 for the Segerstrom Home Ranch Project. 2. On or about September 15, 2003, the City Council of the City of Costa Mesa adopted Ordinance No. 03-9 approving first amendment to the Development Agreement DA -00-01 for the Segerstrom Home Ranch Project relating to surplus transportation fees and the Huscroft House contribution. 3. The parties to said Development Agreement have subsequently determined that certain provisions of the Development Agreement require amendment in respect to the property that is required for the Susan Street Exit Ramp Project. 4. Public hearings have been held before this City Council pursuant to the procedures described in Council Resolution No. 88-53. At these hearings, the City Council considered the evidence, the testimony presented by the public, and the Planning Commission's recommendation regarding the proposed Second Amendment to Development Agreement DA -00-01 between the City of Costa Mesa and C.J. Segerstrom & Sons, Henry T. Segerstrom Properties LLC, a California limited liability company, and Ruth Ann Moriarty Properties LLC, a California limited liability company (collectively referred to as "Owner'). Section 2. The City Council hereby approves, adopts and enters into the Second Amendment to the Development Agreement in the form attached hereto and incorporates the Second Amendment herein by this reference. Upon execution of the Second Amendment by all parties, the City Clerk is directed to record the Second Amendment pursuant to the City of Costa Mesa Development Agreement Procedures and Requirements. Section 3. Inconsistencies. Any provision of the Costa Mesa Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to the extent necessary to effect the provisions of this Ordinance. Section 4. Severability. If any chapter, article, section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance, or the application thereof to any person, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Ordinance or its application to other persons. The City Council hereby declares that it would have adopted this Ordinance and each chapter, article, section, subsection, subdivision, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, phrases, or portions, or the application thereof to any person, be declared invalid or unconstitutional. No portion of this Ordinance shall supersede any local, State, or Federal law, regulation, or codes dealing with life safety factors. Section 5: This Ordinance shall take effect and be in full force thirty (30) days from and after the passage thereof and prior to the expiration of fifteen (15) days from its passage shall be published once in the ORANGE COAST DAILY PILOT, a newspaper of general circulation, printed and published in the City of Costa Mesa or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be posted in the office of the City Clerk five (5) days prior to the date of adoption of this Ordinance, and within fifteen (15) days after adoption, the City Clerk shall cause to be published the aforementioned summary and shall post in the office of the City Clerk a certified copy of this Ordinance 5. The Second Amendment to the Development Agreement between the City of Costa Mesa and Owner is: a. Consistent with the 2000 General Plan and North Costa Mesa Specific Plan; b. Compatible with the uses authorized in, and existing land use regulations prescribed for, the zoning district in which the real property covered by the Second Amendment to the Development agreement is located. c. Is in conformity with and will promote the public necessity, and public convenience, general welfare, and good land use practices. 6. The Second Amendment to the Development Agreement will not: a. Be detrimental to the public's health, safety, and general welfare; and b. Adversely affect the orderly development of the property. 7. The Second Amendment to the Development Agreement will promote and encourage the development of the proposed project by providing stability and certainty to the Owner, and will provide to the City and its citizens the public benefits promised in the Development Agreement, and First and Second Amendments thereto. 8. The Second Amendment to the Development Agreement has been reviewed for compliance with the California Environmental Quality Act (CEQA), the CEQA Guidelines, and the City's environmental procedures, and an initial study/mitigated negative declaration was prepared for the project. The initial study/mitigated negative declaration was available for public review from January 29, 2007 to February 27, 2007. Although the proposed project could have a significant effect on the environment, according to the Initial Study/Mitigated Negative Declaration, which reflects the City of Costa Mesa's independent judgment, there will not be a significant effect on the environment because mitigation measures have been added to the project. The City Council approved the initial study/mitigated negative declaration by separate resolution. I, JULIE FOLCIK, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that foregoing is the original of Ordinance No. 07-5 and was duly introduced for first reading at a regular meeting of the City Council held on the 20"' day of March, 2007, and that thereafter, said Ordinance was duly passed and adopted at a regular meeting of the City Council held on the 3`" day of April, 2007, by the following roll call vote, to wit: AYES: COUNCIL MEMBERS: MANSOOR, BEVER, DIXON, LEECE NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: FOLEY IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this 4' day of April, 2007. JU E FOLCIK, CITY CLERK (SEAL) I hereby certify that the foregoing is the original of Ordinance No. 07-5 duly passed and adopted by the Costa Mesa City Council at the regular meeting held April 3, 2007, and that Summaries of the Ordinance were published in the Newport Beach -Costa Mesa Daily Pilot on March 28 and April 11, 2007. �� JU I OLC K, CITY CLERK (SEAL) together with the names of members of the City Council voting for and against the same. PASSED AND ADOPTED this 3rtl day of April, 2007. ATTEST: Afle Folcik, City Clerk Allan R. Mansoor, Mayor APPROVED AS TO FORM: Kimbedy Frall Barlow, City Attorney EXEMPT RECORDING PER GOVERNMENT CODE SECTION 6103 Recording Requested by CITY OF COSTA MESA When Recorded Mail to: CITY OF COSTA MESA ATTENTION: City Clerk P.O. BOX 1200 COSTA MESA, CALIFORNIA 92628-1200 Title of the Document: Recorded in Official Records, Orange County Tom Daly, Clerk -Recorder IIIIIIIIIIIIIIIIIIIIIIIIIVIIIIIIIIIIIIIIIIIIIIIIIIilllllllll!IIIIIIIIIIIIINO FEE 2007000267970 03:41pm 04125/07 17530 A17 21 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 SECOND AMENDMENT TO THE DEVELOPMENT AGREEMENT FOR HOME RANCH By and between CITY OF COSTA MESA And C.J. SEGERSTROM & SONS, HENRY T. SEGERSTROM PROPERTIES LLC AND RUTH ANN MORIARTY PROPERTIES LLC DA -00-01 Ordinance No. 01-29 REGARDING ORIGINAL DEVELOPMENT AGREEMENT FOR HOME RANCH (DA -00-01): Recorded in Official Records, County of Orange Recording Number: 20020229863 Recording Date: 3/20/2002 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: CITY OF COSTA MESA 77 Fair Drive Costa Mesa, CA 92626 Attn: CITY Clerk (Space Above This Lire fhr Recorder's Use) This Second Amendment to the Development Agreement for Home Ranch Development Property is recorded at the request and for the benefit of the CITY of Costa Mesa and is exempt from the payment of a recording fee pursuant to Government Code § 6103 CITY OF COSTA MESA By: Julie Folcik Its: ri*v Clerk Dated: ply'; 1 1. ?()07 SECOND AMENDMENT TO THE DEVELOPMENT AGREEMENT FOR HOME RANCH by and between CITY OF COSTA MESA and C.J. SEGERSTROM & SONS, HENRY T. SEGERSTROM PROPERTIES LLC AND RUTH ANN MORIARTY PROPERTIES LLC DA -00-01 Ordinance No. 01-29 SECOND AMENDMENT TO THE DEVELOPMENT AGREEMENT FOR HOME RANCH THIS SECOND AMENDMENT TO THE DEVELOPMENT AGREEMENT FOR HOME RANCH (the "Amendment") is executed this 3rd day of April 2007 by and between The City of Costa Mesa, a Municipal Corporation of the State of California (the "City") and C.J. Segerstrom & Sons, a California general partnership ("CJS), Henry T. Segerstrom Properties LLC, a California limited liability company ("HTS LLC") and Ruth Ann Moriarty Properties LLC, a California limited liability company ("RAM LLC') (CJS, HTS LLC and RAM LLC are herein collectively referred to as "Owner") with respect to the following: RECITALS A. City and CJS, HTS LLC and Segerstrom Properties LLC ("SP LLC") entered into that certain Development Agreement for Home Ranch dated as of March 20, 2002 (the "Original Agreemenfl, as amended by that certain First Amendment to the Development Agreement for Home Ranch effective October 15, 2003 (the "First Amendment"). The Original Agreement and First Amendment are herein referred to as the "Agreement." The Agreement provides for construction of the Home Ranch Project, as defined in the Original Agreement. SP LLC has been dissolved and RAM LLC and HTS LLC are the successors to the position of SP LLC under the Development Agreement. B. The Development Agreement covers certain Property, as defined in the Original Agreement. Owner proposes to convey to the State of California (the "State"), or to the City for ultimate conveyance to the State, a portion of the Office Portion, as defined in the Original Agreement, for the purpose of construction thereon of an off mmp from the connector to the northbound 405 Freeway to the portion of the existing Susan Street located to the South of South Coast Drive. Ikea Property, Inc., the current fee owner of the Retail Portion ("IKEA"), proposes to convey to the State, or to the City for ultimate conveyance to the State, a portion of the Retail Portion, as defined in the Original Agreement, for the same purpose. C. Owner and City desire that the portions of the Office Portion and Retail Portion so conveyed be deleted from the Property upon such conveyances. AGREEMENT IN CONSIDERATION OF the foregoing Recitals, and for good and valuable consideration, Owner and City agree as follows: 1. Modification of Property. Upon conveyance by Owner of that portion of the Office Portion legally described on Exhibit A -I and depicted on Exhibit A-2 attached hereto (the "Segerstrom Donation") to the State, or to the City for ultimate conveyance to the State, the Segerstrom Donation shall rease to be a part of the Properly and the Development Agreement shall no longer affect the Segerstrom Donation. Upon conveyance by IKEA of that portion of the Retail Portion legally described on Exhibit B-1 and depicted on Exhibit B-2 (the "IKEA Susan St. Sec Ammd b Dev Agreement v3 3I9ROO7 Donation") to the State, or to the City for ultimate conveyance to the State, the IKEA Donation shall cease to be a part of the Property and the Development Agreement shall no longer affect the IKEA Donation. 2. Effective Date. The Effective Date of the Development Agreement, for purposes of Section 1.1(i) of the Original Agreement and all other purposes of the Development Agreement, is agreed to be January 3, 2002. 3. Floor Area Ratio. The last sentence of Section 1.1(1) of the Original Agreement is amended to read, in its entirety, as follows: "Project lot area is the total area of a project excluding required dedications or reservations for public improvements, including, but not limited to, streets, parks, schools, and flood control channels, but not excluding (1) the dedications to the State of California, or to the City for ultimate conveyance to the State, provided for in paragraph 1 of the Second Amendment to the Development Agreement for Home Ranch or (2) the grant of easements to the City for the City to operate and maintain that portion of Susan Street located to the South of South Coast Drive." 4. Office Portion. Section I.1(r) of the Original Agreement shall be amended to read, in its entirety, as follows: "(r) The term "Office Portion" means that portion of the Project consisting of a number of office buildings ranging in size up to a maximum of five (5) stories, as well as ancillary uses and parking structures, all on approximately 43.57 acres, located south of South Coast Drive between Harbor Boulevard and Fairview Road, exclusive of the Retail Portion, whose cumulative gross floor area for all buildings (excluding parking structures) will be approximately, but not exceed, 759,165 square feet and whose combined FAR will not exceed 0.40 when applied to all buildings (excluding parking structures) comprising the Office Portion of the Project. In determining the FAR of the Office Portion, the area of the Segerstrom Donation, as provided for in paragraph 1 of the Second Amendment to the Development Agreement for Home Ranch, shall be deemed to be a part of the area of the Office Portion. Similarly, the portion of Susan Street located South of South Coast Drive and within the Office Portion shall remain a part of the area of the Office Portion after the grant to the City of an easement therein for street purposes". 5. Retail Portion. Section 1.1(y) of the Original Agreement shall be amended to read, in its entirety, as follows: "(y) The term "Retail Portion" means that portion of the Project which consists of a two-story IKEA home furnishings store approximately, but no more than, 308,000 square feet in sin and related parking facilities all on a 19.27 acre portion of the Property plus the covered Greenville -Banning and Gisler Channels located at the southeast comer of Harbor Boulevard and South Coast Drive. A Susan St Sm Amund 0 Dev Ag men[v3 19/200'/ final Master Plan approval for this phase is included within the Existing Development Approvals. In determining the FAR of the Retail Portion, the area of the QCEA Donation, as provided for in paragraph 1 of the Second Amendment to the Development Agreement for Home Ranch, shall be deemed to be a part of the area of the Retail Portion. Similarly, the portion of Susan Street located to the South of South Coast Drive and within the Retail Portion shall remain a part of the area of the Retail Portion after the grant to the City of an easement therin for street purposes." 6. Notice Addresses. The second address for notices to Owner pursuant to Section 3.9.2 of the Original Agreement shall be amended to read as follows: "With a Copy to: C.J. Segerstrom & Sons 3315 Fairview Road Costa Mesa, California 92626 Atm: Chief Financial Officer" 7. Conflicts. Except as otherwise set forth herein to the contrary, all terms and provisions of the Development Agreement shall remain unamended and continue in full force and effect. This Amendment with the Development Agreement shall be construed together and shall constitute one agreement. In the event of any inconsistency between this Amendment and the Development Agreement, the provisions of this Amendment shall prevail. 8. Defined Terns. Except as otherwise set forth herein, all defined terms used herein shall bear the same meanings as set forth in the Development Agreement. 9. Counterparts. This Amendment may be executed in two (2) or more counterparts, each of which shall be deemed an original, but all of which shall be deemed to constitute one instrument. It shall not be necessary that all signatories execute the same counterpart(s) of this Amendment for this Amendment to become effective. Susan St. Sec Amend w Rv Agrcemrnt_v3 30/2W7 IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the Development Agreement for Home Ranch as of the date first above written. CfFY OF COSTA MESA, A in1�a1- corpomfi n ✓/ � L I -I Mayor of Costa Mesa ATTEST: tP gPX"x ity Clerk and ex -officio Clerk of the City of Costa Mesa APP OVED AS TO FORM: ^ s� /dam City AttorKey, City of Costa Mesa Susan St Sec AmeM m Dev Ag emen[_v3 3/9800] SOUTH COAST PLAZA, a California general partnership By C.J. Segerstrom & Sons, a California general partnership, Managing General Partner By Henry T. Segerstrom Management LLC, a California limited liability company, Man By Manager OR a Alternate Manager AND By HTS Management o a Califomia o do , Man et By Ti , S nior Vice Presi ent HENRY T. SEGERSTROM PROPERTIES LLC, a California limited liability company By Henry T. Segerstmm Management LLC, a California limited liability company, Mana _" By Henry I. Segerstrom, Manager RUTH ANN MORIARTY PROPERTIES LLC, a California limited liability company By" ao. v %Y4.a c,.4 It.. Susan St Sec A.eW to Dev Agreement 0 3NnW? CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ) ss County of Orange ) On March 21, 2007 before me, Karen G. Wholey, Notary Public, personally appeared Henry T. Segerstrom, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. State of California ) ss County of Orange ) On March 21, 2007before me, Karen G. Wholey, Notary Public, personally appeared Henry T. Segerstrom, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or entity upon behalf of which the person acted, executed the instrument. WITNE y hand and official � a. wMotrr toTmWm r 16617W orarq. Cwtry tarcomm.EXOM tnra,xot OPTIONAL CAPACITY CLAIMED BY SIGNERSPartners: ❑ Limited ❑ General ® Managing Signers are representing: Henry T. Segerstrom Management, LLC a California limited liability company. Manager and Henry T. Segerstrom Properties, LLC DESCRIPTION OF ATTACHED DOCUMENT Title or type of document: Number of pages: _ (excluding loose certificates) Date of document: Signer(s) other than named above: State of California) ss County of Orange) On March 21, 2007, before me, Karen G. Wholey, Notary Public, personally appeared Ruth Ann Moriarty, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. KAM G. VA40LEY Gmnmlub 0 16612 NOC"neat - CW.M10 $ 0'. Canal E0:MVCann.ExpMMW4• 2010 a L,4 & OPTIONAL CAPACITY CLAIMED BY SIGNERS Partners: ❑ General ❑ Limited ® Managing Signer is representing: Ruth Ann Moriarty Properties LLC and Ruth Ann Segerstrom Moriarty, as Trustee of the Ruth Ann Segerstrom Moriarty Separate Property Trust CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ) ss County of Orange ) On March 22, 2007 before me, Karen G. Wholey, Notary Public, personally appeared Sandra S. Daniels, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. KAREN G, atKKEY / 3 Commlalon ♦ Idb1I0J $ i N.1 -y RibNc CalKomp Oronge County My Comm. Egplret May d, 2010 OPTIONAL CAPACITY CLAIMED BY SIGNERSPartners: ❑ Limited ❑ General ® Managing Signers are representing: HTS Management Co., Inc. DESCRIPTION OF ATTACHED DOCUMENT Title or type of document: Number of pages: (excluding loose certificates) Date of document: Signer(s) other than named above: CONSENT The undersigned, as the current record owner of the Retail Portion, hereby consents to the foregoing Second Amendment to the Development Agreement for the Home Ranch with respect to the impact of such Amendment upon the Retail Portion. Dated: �, �( 0 , 2007 IKEA PROPERTY, INC., a Delaware Corporation �� By: Its: UIC 2- IWCJS . G7��r a a r� Exhibits: A-1 - Description of the Segerstmm Donation A-2 - Depiction of the Segerstrom Donation B-1 - Description of the IKEA Donation B-2 - Depiction of the IKEA Donation Su SL Sec Amend mD AgreeMe V3 3/9200] COMMONWEALTH OF PENNSYLVANIA COUNTY OF MONTGOMERY On this 2fl'4"day of 2007 before kne, the undersigned Notary Public in and for said C, I ty end State, personally appeared /JJitc� YPif70/0 , as 4 0 /�wkol c ry for IKEA PROPERTY, INC., a Delaware corporation, who executed the foregoing instrument on behalf of said corporation for the purposes therein expressed. HelShe is personally known to me and did [ zA-did not [ ] take an oath. In witness whereof, I have hereunto set my hand and official seal the day and year last abo� written. Notary: Print ame: AW16910/P Als Notary Public, State of ' vW'Fy1UAn//A My commission expires: 9A,v��ty 25, 20// [NOTARIAL SEAL] COMMONWEALTH OF PENNSYLVANIA COUNTY OF MONTGOMERY COMMONWEALTH OF PENNSYLVANIA NlMetlySeel Pubk , MmmoZ40,uMyFmpiy=�gE�ireg Jen. 25,2011ennsyanla Asswatb of NOW," On this 20' day of A&M 007 before mqy the undersigned Notary Public in and ford said rty d State, personally appeared (6A�f 7R600F , as [�/`L/4� /�P,P%N' for IKEA PROPERTY; INC., a Delaware corporation, who executed the foregoing instrument on behalf of said corporation for the purposes therein expressed. He/She is personally known tome and did [1,Tdid not[ ] take an oath. In witness whereof, I have hereunto set my hand and official seal the day an ear last abo� written. Notary: Print Name: ?/IA P3 Notary Public, State of f yA%�/gv'O"my My commission expires:z [NOTARIAL SEAL] COMMONWEALTH OF PENNSYLVANIA NOMM Seel Pab41e Clss , Na&y Pubk Pt,mpM TwP, Mm*Qmwy cavy My CmaNedm EOW Jan. 25.2011 Member, Pennsylvania Assnsiat afof Neferies State of California ss. County of Orange On 3i �/n/ before me, Rosemary Dodson, Notary Public, personally appeared /�`�.zs7 '� • ���^ personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my h and official seal. ROSEMARY DODSON Signature +' v' (Seal) — Commlabn x 1534674 F. Notary KA*Y CanwNa pang. County MN'Comm.ErlpYee Dec 1],2008 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 PSOMAS EXHIBIT A-1 LEGAL DESCRIPTION In the City of Costa Mesa, County ofOrange, State of California being that portion of land described in the document recorded October 12, 2004 as Instrument No. 2004000911605, Official Records of said County, lying within Parcel 3 of City of Costa Mesa Lot Line Adjustment 02-01, recorded July 11, 2002 as Instrument No. 20020581758, Official Records of said County, lying southerly of the following described line: Parcel 1 Beginning at the southeasterly comer of Parcel 1 of said Lot Line Adjustment 02.01, said comer being on the northerly line of Parcel 101837-3 as described on the document recorded October 27, 2000 as Instrument No. 20000582393, Official Records of said County, said comer also being the beginning of a curve concave northeasterly having a radius of 513.45 feet, a radial line to said comer bears South 49023'44" West; thence along the westerly line of said Parcel 3 the following four courses: 1. northerly along said curve 355.84 feet through a central angle of 39042'28'; 2. North 00053'48" West 198.66 feet; 3. South 88037'39" West 7.83 feet to the beginning of a non -tangent curve concave easterly having a radius of 1161.09 feet, a radial line to said beginning bears South 88037'29 West; 4. northerly along said curve 65.50 feet through a central angle of 3013'57" to the True Point of Beginning; thence leaving said westerly line South 82007'03" East 36.97 feet; thence South 88020'16" East 7.00 feet to the easterly line of the land described in said hvsWment No. 2004000911605, said point hereinafter referred to as Point "A". M:@SEQ010100�,,,M,M,T.,r d 4.dm I/15nW7 Page l 00 1 2 3 4 5 6 7 8 9 m v 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 PSOMAS Parcel 2 That portion of said Parcel 3 lying westerly of the following described line: Beginning at Point "A", said point being on the easterly line of the land described in said Instrument No. 2004000911605 and the beginning of a curve concave easterly having a radius of 1,117.32 feet, a radial line to said point bears North 88020'16" West; thence along the easterly and southerly lines said land the following six courses: 1. Southerly along said curve 8,20 feet through a central angle of 00°25'15'; 2. South 41012'51" East 37.83 feet; 3. South 06019150" West 6.99 feet; 4. South 18047'26" East 53.27 feet; 5. South 07°39130" West 6.99 feet; 6. South 48022'51" West 27.88 feet to the to a point in said southerly line lying parallel with and 54.46 feet easterly of the said easterly line of Parcel I and the True Point of Beginning; thence southerly along a line lying 54.46 feet easterly of and parallel and concentric with said east line of Parcel 1 the following two courses: 1. South 00053'48" East 138.35 feet to the beginning of a curve concave northeasterly having a radius of 458.99 feet; 2. southerly along said curve 164.46 feet through a central angle of 20031'49"; thence South 33°18'24" East 198.13 feet to a point lying 52.49 feet northeasterly of and concentric with said east line of Parcel 1, said point being the beginning of a non -tangent curve concave northeasterly having a radius of 460.96, a radial line to said point bears South 43042'02" West; thence southeasterly along said curve 4.84 feet through a central angle of 00036'05" to said northerly line of Parcel 101837-3. M:12SaQ0101W urvcyllegalamel 4.dm 11IMM7 Pcge 2 M3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 PSOMAS Excepting therefrom that portion lying within Parcel I as described above. Containing 36,393 square feet, more or less. All as shown on Exhibit `B" attached hereto and made a part thereof. This legal description is not intended to be used in the conveyance of Ind in violation of the subdivision map act of the State of California. This legal description was prepared by me or under my direction. Jeremy L. Evans, PLS 5282 MMEQOIOIOUI —,A1,.5T.04.d. UW007 No. 5282 Eup.l 2/31/07 Date Page 3 ora EXHIM A-2 I PCL 2PARCEL 1 LLA O2-01 I N88. 08'24' (RAD.) L1 1NST. N0. z 70D' 20D20581758 O.R-0- n n L2 L4 506.19'50"W c L5 S18' 47'26"E JAS"a , L6 S07. 39'30"W w�ao; L7 548'22'51"W 27.88-'-- S88.37'39"W (RAD.) , o W 3 7.53' Cl. 7.53' 0 54.46' N u 6 PGL 1 LLA 02-01 1 NST, NO, 20020581758 O.R. 0 40' 80' SCALE 1" = 80' 'OINT " 88. 20'16"W N88. 45.3 (RAD.) L4 . 'L6 I INF TARI F L1 582.07'03"E 36.97' L2 S88. 20'16"E (RAD.) 70D' 1-3 S41 -12'51"E 37.83' L4 506.19'50"W 6.99' L5 S18' 47'26"E 53.27' L6 S07. 39'30"W 6.99' L7 548'22'51"W 27.88-'-- I I I. m U m CURVE TABLE w ri R L 2. fTi C11,117.32' 1 8.20' 1 DO- 25'15" 1 54.46' C2 1 460.96' 1 4.64' 1 00.36'05" AREA 36,393 SO. FT 549.23'44"W (RPD.) C2 -- -- — N88.09'21"W S43' 05-57"W (RAD.) PCL 101837-3 74 *90. ---------_ INST. N0. 20000582393 O.R. CRIPTIONI THAT PORTION OF PARCEL 3 OF LOT LINE ADJUST 02-01, SHEET 1 OF I INSTRUMENT N0. 20020581758 IN THE CITY OF COSTA MESA. SCALE, I- - 80' COUNTY OF ORANGE, STATE OF CALIFORNIA. DRAFT ED -K VO TRC SOLUTIONS PSOMAS CHECKED -J LE 3197 RWx111 •va,.. •z5o SUSAN STREET DATE, 1/16/2007 Cwfa Woo. Cm ITarnla 926M 1na 751-7373 —Pe .a JOB N0.-2SEO010100 (7 fTi P r N % PCL 3 pmw P� a LLA 02-01 v ,NBT. NO. 2002D581758 O.R. AREA 36,393 SO. FT 549.23'44"W (RPD.) C2 -- -- — N88.09'21"W S43' 05-57"W (RAD.) PCL 101837-3 74 *90. ---------_ INST. N0. 20000582393 O.R. CRIPTIONI THAT PORTION OF PARCEL 3 OF LOT LINE ADJUST 02-01, SHEET 1 OF I INSTRUMENT N0. 20020581758 IN THE CITY OF COSTA MESA. SCALE, I- - 80' COUNTY OF ORANGE, STATE OF CALIFORNIA. DRAFT ED -K VO TRC SOLUTIONS PSOMAS CHECKED -J LE 3197 RWx111 •va,.. •z5o SUSAN STREET DATE, 1/16/2007 Cwfa Woo. Cm ITarnla 926M 1na 751-7373 —Pe .a JOB N0.-2SEO010100 kz 3 4 5 6 7 8 9 to 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 PS OMAS EXHIBIT B-1 LEGAL DESCRIPTmN In the City of Costa Mesa, County of Orange, State of California being that portion of land described in the document recorded October 12, 2004 as Instrument No. 2004000911605, Official Records of said County, lying within Parcels 1 and 2 of City of Costa Mesa Lot Line Adjustment 02-01, recorded July 11, 2002 as Instrument No. 20020581758, Official Records of said County, lying southerly of the following described line: Parcel l Beginning at the southeasterly comer of said Parcel 1, said comer being on the northerly line of Parcel 101837-3 as described on the document recorded October 27, 2000 as Instrument No. 20000582393, Official Records of said County, said comer also being the beginning of curve concave northeasterly having a radius of 513.45 feet, a radial line to said comer bears South 49°23'44" West; thence along the easterly line of said Parcels 1 and 2 the following four courses: 1. northerly along said curve 355.84 feet through a central angle of 39°42'28'; 2. North 00053'48" West 198.66 feet; 3. South 88037'39" West 7.83 feet to the beginning of a non -tangent curve concave easterly having a radius of 1161.09 feet, a radial line to said beginning bears South 88°37'29 West; 4. northerly along said curve 65.50 feet through a central angle of 3013'57" to the True Point of Beginning; thence leaving said easterly line North 82007'03" West 45.45 feet; thence North 86041'00" West 6.99 feet to an angle point in the westerly line of the land described in said Instrument No. 2004000911605, said point being the northeasterly terminus of that certain course in the westerly line of said land that bears M:VSEQ01 al a WumyMcp1APa=13.dm insnser Pugs I af3 1 2 3 4 5 6 7 8 9 1U 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 PSOMAS North 44019'39" East 58.31 feet, said northeasterly terminus hereinafter referred to as Point "A" Parcel l That portion of said Parcel l of said Lot Line Adjustment 02-01 lying easterly of the following described line: Beginning at said Point "A", said point being the northeasterly terminus of that certain course in the westerly line of the land described in said Instrument No. 2004000911605 that bears North 44019'39" East 58.31 feet; thence along the westerly and southerly lines of said land the following seven courses: 1. South 43025'51" West 58.31 feet; 2. South 15047'18" East 6.11 feet; 3. South 21012'54" East 50.83 feet; 4. South 01025'01" East 7.00. feet; 5. South 46009'25" But 39.78 feet; 6. North 89006' 12" East 7.00 feet; 7. South 82011'25" East 19.90 feet to the True Point of Beginning; thence leaving said southerly line South 00053'37" East 162.80 feet to the beginning of a curve concave easterly having a radius of 52.49 feet; thence southerly along said curve 14.89 feet through a central angle of 16015'19"; thence South 17008'56" East 85.56 feet to the beginning of a curve concave westerly having a radius of 52.49 feet; thence southerly along said curve 4.73 feet through a central angle of 05009'38" to the beginning of a reverse curve concave easterly having a radius of 449.47 feet; thence southerly along said curve 144.07 feet through a central angle of 18°21'54" to the beginning of a reverse curve concave westerly having a radius of 39.37 feet; thence southerly along said curve 28.30 feet through a central angle of 41011'29'; thence South 35035'22" East 46.56 feet to said northerly line of Parcel 101837-3, said point lying 26.90 feet southwesterly of and radial to said easterly line of Parcel 1. M-.MEQal al aaburveyVeauW ..13A. Ia M7 1 Np2 of 1 2 3 4 5 6 7 8 9 10 ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 PS OMAS Excepting therefrom that portion lying within Parcel 1 as described above. Containing 20,023 square feet, more or less. All as shown on Exhibit `B" attached hereto and made a part thereof. This legal description is not intended to be used in the conveyance of land in violation of the subdivision map act of the State of California. This legal description was prepared by me or under my direction. +�../ La -.o 1-15-0 Jeremy L. Evans, PLS 5282 Date M:QSEQ010100b ,o,\Ig8aWoo,0 M. 1/152007 No. 5282 Exp.12/31/07 Pa, 3of3 PCL 2 LLA 02-01 EXHIBIT B-2 1N9T. NO, TPOB PARCEL 1 20020591759 O.R. L2 I N88'08'24"W POINT "A" N82. 07'03"W N87. 54'22"W - n (RPD.) �4D •— a o uor n o°q ems. Lu L4 S15. 47'18"E 6.11' �' S21.12.54"E L5d�> 04 L6 dn'° 588'3]39"W (RAD.'. L6 7.83' L9 0 L7 7.00- L9 S82.11'25"E N 4 L8 SOB -09.21"E m PCL 101937-3 INST. NO. 20000592393 O: R,. TPO I AND 2 OF LOT £ PARCEL 2 '^ INSTRUMENT NO. 20020581758 IN THE CITY OF Q o COUNTY OF ORANGE, STATE OF N m w ii m Q oa m - DRAFTED.AVO TRC SOLUT I ONSP n CHECKED.JLE Foin SUSAN STREET N DATE. 1/15/2007 PCL 1 LLA 02-01 1NST. NO. C1 20020591759 D.R. N P w .w C2 P w im 0 40' 80' w J SCALE 1" = 80' LINE TABLE Ll N82. 07'03"W 45.45' 12 N86. 41'004 6.99' L3 S43. 25'51"W 58.31- L4 S15. 47'18"E 6.11' L5 S21.12.54"E 50.83' L6 S01. 25'0111E 7.00' L7 S46.09'25"E 39.781. L8 N89- 06'12"E 7.00- L9 S82.11'25"E 19.90' LID SOB -09.21"E 15.36' CURVE TABLE R L G C1 52.49' 14.89' 16.15'19" C2 52.49' 4.73' 1 05.09'36" C3 39.37' 28.36• 41'11'29'• C4 1.943.24' 20.45' 00.38'11" v PCL 3 m ;A LLA 02-01 w INST. NO, "a 20020591758 O.R. \ AREA 20,023 SQ. FT. C3POB344 S79.09'43"E (RAD.) W .b — 535. 356226E (RAD.) �_—�— 46.56' _� � 502.28'50"W ------------ (RAD.) C4 L10 -- -- PCL 101937-3 INST. NO. 20000592393 O: R,. DESCRIPTIM THOSE PORTIONS OF PARCELS I AND 2 OF LOT LINE ADJUST 02-01, SHEET I OF I INSTRUMENT NO. 20020581758 IN THE CITY OF COSTA MESA, COUNTY OF ORANGE, STATE OF CALIFORNIA. SCALE. I• = 80' DRAFTED.AVO TRC SOLUT I ONSP S O M S, M Al,,. CHECKED.JLE Foin SUSAN STREET e�C x61 cwN.w. c°nrormo szers DATE. 1/15/2007 n11m Tsrnn .... os°mz. ea. JOB ND.4SE0010100