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HomeMy WebLinkAboutSDP 15-01; Rancho Costera LLC; 2016-0260172; Permanent Stormwater AgreementRECORDING REQUESTED BY: City of Carlsbad Development Services Department WHEN RECORDED MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 DOC# 2016-0260172 llllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll\111 May 27, 2016 08:44 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr, SAN DIEGO COUNTY RECORDER FEES: $0.00 PAGES: 12 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO. 208-010-44 Lot 341 of CT 13-03 PROJECT ID. SOP 15-01 PERMANENT STORMWATER QUALITY BEST MANAGEMENT PRACTICE MAINTENANCE AGREEMENT OWNER NAME: Rancho Costera LLC, a Delaware limited liability company PROJECT NAME: Robertson Ranch Recreation Center RESOLUTION NUMBER: PC Res No.: 7117, Approval Date: 8/5/15 CONDITION NUMBER: --=-3...:_1 ------------------- DRAWING NUMBER: DWG 480-38 --~--~~-------------------------------------- STORM WATER MANAGEMENT PLAN (SWMP) NUMBER: SWMP 15-15 This Agreement is made and entered into by and between the City of Carlsbad, California, a Municipal Corporation of the State of California, hereinafter referred to as "City"; and the Property Owner, its successors and assigns, hereinafter referred to as "Owner". The term "successors and 4 assigns" as used in this Agreement includes, but is not limited to, an "Association" as defined in Civil Code Section 1351 (a) and commonly referred to as a property owners association. RECITALS WHEREAS, Owner is proceeding to develop a property more particularly described in Exhibit A, hereinafter referred to as "the Property"; and \IFILES01V\Departments\CED\LandDev\PROJECTSISDPISDP 15\SDP 15-01 Robertson Ranch West Village\B&AIPERMANENT STORMWATER QUALITY BMP MAINTENANCE AGREEMENTdoc 1 WHEREAS, development of the Property has been approved by the City, and is subject to the requirements of the State of California Regional Water Quality Control Board-San Diego Region Order No. ORDER NO. R9-2007-01/NPDES NO. CAS0108758, as promulgated within the City of Carlsbad Public Works Department, Storm Water Standards Manual, 2004 Edition, hereinafter referred to as "storm water regulations" and incorporated herein by this reference; and WHEREAS, the Owner is required to comply with all Federal, State and Local storm water regulations by employing permanent post-construction Best Management Practices (BMP's), hereinafter referred to as "permanent BMP(s)" to ensure impacts to storm water quality are mitigated to the Maximum Extent Practicable (MEP) prior to being discharged from the Property; and WHEREAS, the City and the Owner, its successors and assigns agree that the health safety, and welfare of the residents of Carlsbad, California, require that permanent BMP(s) be established, constructed, inspected, and operated and maintained in perpetuity on the Property; and WHEREAS, the storm water regulations require that permanent BMP(s) be established, constructed and adequately inspected, operated and maintained by the Owner, its successors and assigns, including any homeowner or property owner association; and WHEREAS, the Owner has caused to be prepared a Storm Water Management Plan (SWMP) report and drawing(s) which together detail the objectives, design, construction, inspection and operation and maintenance responsibility requirements of the permanent BMP(s) recommended to mitigate impacts to storm water quality due to the development of the Property, hereinafter collectively referred to as the "Storm Water BMP Plan" and incorporated herein by this reference; and, WHEREAS, storm water regulations require that the City ensure the continued existence and inspection, operation and maintenance of the permanent BMP(s); and WHEREAS, the City has required the recordation of this Agreement as a condition of approval of the project that secures the construction, inspection, operation and maintenance of on- \\FILES01V\Departments\CED\LandDev\PROJECTS\SDP\SDP 15\SDP 15-01 Robertson Ranch West Village\B&A\PERMANENT STORMWATER QUALITY BMP MAINTENANCE AGREEMENT.doc 2 site permanent BMP(s) by the Owner, its successors and assigns, including any property owners association, in perpetuity, and NOW, THEREFORE, in consideration of the approval of this project, the foregoing promises, the mutual covenants contained herein, and the following terms and conditions, Owner and City agree as follows: 1. Owner shall comply with all the requirements of said storm water regulations and any applicable amendments thereto, and with any other provisions of law. 2. The permanent BMP(s) shall be established and constructed by Owner, its successors and assigns, in accordance with the plans and specifications identified in the Storm Water BMP Plan and modification to the approved permanent BMP(s) shall not be made without prior approval of the City Engineer. 3. Owner, its successors and assigns, including any homeowner or property owner association, shall adequately, inspect, operate and maintain the permanent BMP(s). This includes private (non-public) pipes and channels built to convey storm water to the facility, as well as all private structures, improvements, and vegetation provided to control the quantity and quality of the storm water runoff and any associated practices and programs. Adequate maintenance is herein defined as good working condition so that the permanent BMP(s) are performing in accordance with their design objectives and functions. 4. Owner, its successors and assigns, shall inspect applicable permanent BMP(s) as often as conditions require, or at frequencies recommended in the approved Storm Water BMP Plan, but in any event at least once each year prior to the rainy season. The purpose of the inspection is to assure continued safe and proper functioning of the facilities. The inspection shall cover the entire facilities, berms, outlet structure, pond areas, access roads, etc. Owner shall submit an inspection report annually to the City in a form as proscribed in the Storm Water BMP Plan or as may be proscribed by the City. Deficiencies shall be noted in the inspection report. Any deficiencies, repairs or maintenance obligations shall be noted in a record form and immediately remedied by the Owner. \\FILES01V\Departments\CED\LandDeviPROJECTS\SDPISDP 15\SDP 15-01 Robertson Ranch West Village\B&AIPERMANENT STORMWATER QUALITY BMP MAINTENANCE AGREEMENTdoc 3 5. Owner shall maintain inspection, operation and maintenance records for at least five (5) years. These records shall be made available to the City for inspection upon request at any time. 6. Owner, its successors and assigns, hereby grant permission to the City, its authorized agents and employees, to enter upon the Property and to inspect the permanent BMP(s) whenever the City deems necessary. The purpose of inspection is to follow-up on reported deficiencies to respond to State and Federal mandated storm water facility inspection requirements and/or to respond to citizen complaints. The City shall provide Owner, its successors and assigns, copies of the inspection findings and a directive to commence with the repairs or corrective measures if necessary. 7. In the event the Owner, its successors and assigns, fails to take corrective action to maintain the permanent BMP(s) in good working condition acceptable to the City, the City may enter upon the Property and take whatever steps necessary to correct deficiencies identified in the inspection report and to charge the costs of such repairs to the Owner, its successors and assigns. This provision shall not be construed to allow the City to erect any structure of permanent nature on the land of the Owner outside of the easement for the permanent BMP(s), if an easement is provided, or outside the limits of the permanent BMP(s) facility footprint described on the Storm Water BMP Plan, if an easement is not provided. It is expressly understood and agreed that the City is under no obligation to routinely maintain or repair said facilities, and in no event shall this Agreement be construed to impose any such obligation on the City. 8. Owner, its successors and assigns, will perform the work necessary to keep the permanent BMP(s) in good working order as appropriate. In the event a maintenance schedule for the permanent BMP(s) is outlined in the approved Storm Water BMP Plan, the schedule shall be followed. 9. In the event the City pursuant to this Agreement, performs work of any nature, or expends any funds in performance of said work for labor, use of equipment, supplies, materials, and the like, the Owner, its successors and assigns, shall reimburse the City upon demand, within thirty (30) days of receipt thereof for all actual costs incurred by the City hereunder. If not paid \\FILES01V\Departments\CED\LandDev\PROJECTS\SDP\SDP 15\SDP 15-01 Robertson Ranch West Village\B&A\PERMANENT STORMWATER QUALITY BMP MAINTENANCE AGREEMENT.doc 4 within the prescribed time period, the City shall secure a lien against the Property in the amount of such costs. The actions described in this section are in addition to and not in lieu of any and all legal remedies available to the City as a result of Owner's failure to maintain the permanent BMP(s). 10. Owner agrees that the permanent BMP(s) are privately-owned, operated and maintained by the Owner and acceptance of the work by the City shall not constitute a responsibility of the City to maintain them nor a Waiver of Defects by City. 11. Owner agrees that all residual material that is a byproduct of the proper operation and maintenance of permanent post-construction BMP's (waste) will be disposed of according to all federal, state and local regulations. 12. Unless otherwise specifically provided herein, all notices, demands or other communications given hereunder shall be in writing and shall be deemed to have been duly delivered upon personal delivery, or by Federal Express (or similar reputable express delivery service) or by facsimile transmission with back-up copy mailed the same day, or as of the second business day after mailing by United States Certified Mail, return receipt requested, postage prepaid, addressed as shown below. Notices required to be given to Owner shall be addressed as follows: Notices to the Owner shall be delivered to the following: Toll Brothers, Inc. 725 W Town & Country Dr. Ste 200 Orange, CA 92868 Telephone No.: (760) 720-5485 gdeacon@tollbrothers. inc Notices to City shall be delivered to the following: City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Attention: City Engineer Telephone No.: (760) 602-2730 Facsimile No.: (760) 602-8562 Each party shall notify the other immediately of any changes of ownership or address that would require any notice delivered hereunder to be directed to another Owner and/or IIFILES01V\Departments\CEDILandDev\PROJECTS\SDPISDP 15\SDP 15-01 Robertson Ranch West Village\B&AIPERMANENT STORMWATER QUALITY BMP MAINTENANCE AGREEMENT.doc 5 to another address. In the event Owner fails to notify City of any change of ownership, the new Owner and the Owner whose name appears above, or whose name and address has been subsequently provided to the City pursuant to this provision, shall jointly be responsible for the operation and maintenance of any permanent post-construction BMP's on the Property and for any required annual verification statements until such time as the City is provided notification of the name and address of the new or subsequent Owner, pursuant to the provisions of this section. 13. The City or any officer or employee thereof shall not be liable for any injury to persons or property occasioned by reason of the acts or omission of Owner, its agents or employees in the performance of this Agreement. Owner further agrees to protect and hold harmless City, its officials and employees from any and all claims, demands, causes or action, liability or loss of any sort because or arising out of acts or omissions of Owner, its agents or employees in the performance of this Agreement, including claims, demands, causes of action, liability, or loss because of or arising out of the design or construction of the permanent post-construction BMP facilities. Said indemnification and Agreement to hold harmless shall extend to injuries to person and damages or taking of property resulting from the design or construction of said permanent BMP(s) as provided herein, and to adjacent property owner as a consequence of the diversion of waters from the design, construction or maintenance of drainage systems, streets, and other improvements. 14. This Agreement shall be recorded against the Property and shall constitute a covenant running with the land and shall be binding upon Owner. 15. Invalidation of any one of the provisions of this Agreement shall in no way effect any other provisions and all other provisions shall remain in full force and effect. Ill Ill Ill Ill Ill Ill IIFILES01V\Departments\CED\LandDev\PROJECTSISDP\SDP 15\SDP 15-01 Robertson Ranch Wesl Village\B&A\PERMANENT STORMWATER QUALITY BMP MAINTENANCE AGREEMENT.doc 6 IN WITNESS WHEREOF, this Agreement is executed by the City of Carlsbad, acting by and through its City Manager, pursuant to Section 20.16.060 of the Carlsbad Municipal Code authorizing such execution, and by Owner. OWNER(S): Rancho Costera LLC, a Delaware limited liability company (Name of Owner) By: G-5? &l?!- (sign here) Greg Deacon (print name here) Assistant Vice President, Rancho Costera, LLC (title and organization of signatory) CITY OF CARLSBAD, a municipal corporation of the State of California (Proper notarial acknowledgment of execution by OWNER must be attached) (Chairman of the Board, President, or any Vice-President and secretary, any assistant secretary, the Chief Financial Officer, or any assistant treasurer must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: CELIA BREWER City Attorney By: Assistant City Attorney I\FILES01V\Departments\CED\LandDeviPROJECTSISDP\SDP 15\SDP 15-01 Robertson Ranch West Village\B&A\PERMANENT STORMWATER QUALITY BMP MAINTENANCE AGREEMENTdoc 7 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only tile identity of the individual who signed the document to whicll tills certificate is attached, and not the truthfulness, accuracy, or validity of that document State of California I' .41 County of ~"-; --""/.LZ""-·c./-". ·?;...·· .LC'--'1 ____ _ I ·--I "'""'~~.__-'-"'~,.--<.,~"-"-.s..=-before mer,=,(,.,· ,;r{//'<"4 /-, '·'d . >, A' .. .-· --z:IMJ/' /~-!fu ,-;.: ./L";; Date Here Insert Name and Title of the Officer -:J' I personally appeared /::C-.<!.'~; ·--"'C:::=, .. ,t_Z.e.~·L-'·,L?"'"-'-''-'·c~)'-"···"=t_,.:.__) ___________ _ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be th~. personM whose name~iJ6;1a;l subscribed to the within instrument and acknow~dged to me that~'/s)fe/t!i6y executed the same in (b.is/h~i'/th,elir authorized capacity(i~sj. and that by(fusVh%/tl~ir signature(~ on the instrument the personM. or the entity upon behalf of which the person\1} acted, executed the instrument. ~ JESS!CA MAi~IE EVANS ~ ~ COMM. #2092647 ~ ~ NOTARY PUBLIC -CALIFORNIA :: ~ RIVERSIDE COUNTY i L~'A'H~~~~!3-~~"~~:~~VJ Place Notary Seal Above 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. ,...c··--·-·v::' (/····---·~)' c::? Signature ~y:; --~.::z "'" .-/~;f?r~- ( // S/gnature of Notary Public ----------------------------oPTIONAL---------------------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: _____________ Document Date: __________ _ Number of Pages: ____ Signer(s) Other Than Named Above: ________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: __ _ 0 Corporate Officer -Title(s): ______ _ 0 Partner - 0 Limited 0 General 0 Individual 0 Trustee OOther: __ _ 0 Attorney in Fact 0 Guardian or Conservator Signer Is Representing: _________ _ Signer's Name: _______________ _ 0 Corporate Officer -Title(s): ______ _ 0 Partner - 0 Limited 0 General 0 Individual 0 Trustee 0 Attorney In Fact 0 Guardian or Conservator 0 Other: ~----------------- Signer Is Representing: ((;)2014 National Notary Association • www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 Page 9 of 9 01/25/13 I \. EXHIBIT A ( Order Number: Nf-:ISC~4512705 (rh) Page Number; 11 lEGAL DESCRIPTION Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: A PORTION OF PARCEL 1 OF CERTIFICATE OF COMPLIANCE CE 13-07, RECORDED FEBRUARY 19, 2014 AS INSTRUMENT NO. ?_Q:l{t_OQ§Z.~~~ OF OFFICIAL RECORDS, IN THE CITY OF CARLSBAD, COUN1Y OF SAN DIEGO, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING ATTiiE NORTHEAST CORNER OF PARCEL 1 OF SAID CERTIFICATE OF COMPLIANCE, HEREON REFERRED TO AS REC 1~ TiiENCE SOUTHERLY ALONG THE EAST UNE OF SAID REC 1, SOUTH 01'>49'13" WEST 1600.95 FEET; THENCE LEAVING SAID EAST LINE, SOUTH 62"27'54" WEST 76.17 FEET, SOUTH 54°49'02" WEST 135.16 FEET, SOUTH 49°55'15" WEST 38.74 FEET, SOUTH 60"03'58" EAST 8.37 FEET, SOUTH 47°45'30" WEST 26.08 FEET, SOUTH 43°38'59" WEST 51.49 FEET, SOUTH 37°11'57" WEST 45.52 FEET, TO A POINT ON THE NORTHEASTERLY llNE OF THE LAND DESCRIBED IN THE GRANT DEED RECORDED MAY 11, 2009 AS DOCUMENT NO, ?.99~:Q6~Z§~1i THENCE ALONG THE NORTH~RLY UNE OF SAID LAND, NORTH 60°03'58" WEST 26.09 FEET TO THE NORTHERN POINT OF SAID LAND; THENCE AlONG THE NORTHWESTERLY LINE OF SAID lAND, SOUTH 37°29'54" WEST 15.91 FEET, SOUTH 33"16'42" WEST 30.06 FEET, SOUTH 31 "34'45" WEST 28.46 FEET, SOllfH 28°24'53" WEST 27.22 FEET, SOUTH 23°51'09'' WEST 26.06 FEET, SOUTH 201)12'37" WEST 24.51 FEET, SOUTH 17°48'20" WEST 25.83 FEET, SOUTH 16"39'11" WEST 22.22 FEET, SOUTH 00°08'16" EAST 4.75 FEET TO THE NORTHWEST CORNER OF THE LAND DESCRIBED IN THE IRREVOCABLE OFFER TO DEDICATE RECORDED AUGUST 14, 2008 AS DOCUMENT NO. ~QQ?-013~"~1§ OF OFFICIAL RECORDS AND ACCEPTED BY A RESOLUTION RECORDED JULY 201 2011 AS DOCUMENT NO. 2011--Q368561 OF OFFICIAL RECORDS, HEREON REFERRED TO AS REC 4i THENCE ALONG THE '66UN'DARY OF SAID REC 41 SOUTH 00°08'16" EAST 44.78 FEET1 SOUTH 18°45'11" WEST 24.61 FEET, SOUTH 18°09'31" WEST 38.98 FEET, SOUTH 15°31'28'' WEST 44.23 FEET, SOUTH 15°10'38" WEST 29.09 FEET, SOUTH 19"31'13" WEST 37.42 FEET, SOUTH 19°07'341( WEST 53.80 FEET, SOUTH 14"46'21" WEST 24.34 FEET, SOUTH 19°58'08" WEST 24.56 FEET, SOUTH 27°25'50" WEST 25.25 FEET, SOUTH 33°03'11" WEST 24.91 FEET, SOUTH 32°17'19" WEST 96.78 FEET, SOUTH 15~'12'28" WEST 17.77 FEET, SOUTH 08°38'23" WEST 16.96 FEET, SOUTH 02°15'56" WEST 21.18 FEET, SOUTH 04°18'02" EAST 20.65 FEET, SOUTH 14°14'32" EAST 17.42 FEET, SOUTH 29°19'05" EAST 12.21 FEET, SOUTH 43°06'27" EAST 20.44 FEET, SOUTH 53°39'29" EAST 20.48 FEET, SOUTH 53°12'20" EAST 26.23 FEET, SOUTH 56°45'45" EAST 37.20 FEET, SOUTH 55°54'54" EAST 36.13 FEET, SOUTH 54°34'57" EAST 39.70 FEET, SOUTH 53"39'5311 EAST 4L98 FEET, SOUTH 48°32'37" EAST 23.08 FEET, SOUTH 52°18'59" EAST 29.91 FEET, SOUTH 52°16'51" EAST 35.98 FEET, SOUTH 51°08'56" EAST 43.67 FEET, SOUTH 48°14'56" EAST 8.42 FEET TO THE NORTHWEST CORNER OF THE LAND DESCRIBED IN THE GRANT DEED RECORDED AUGUST 14, 2008 AS DOCUMENT NO. 2008-04.;i~21?. OF OFFICIAL RECORDS, HEREON REFERRED mAS REC 3; THENCE ALONGTHE.WEST LINE OF SAID REC 3, SOUTH 48°14'56" EAST 30.47 FEET, SOUTH 47°48'32" EAST 40.97 FEET, SOUTH 47°32'571 ' EAST 32.41 FEET, SOUTH 50"39'48" EAST 46.12 FEET1 SOLITH 48°53'42" EAST 21.99 FEET, SOUTH 66°28'18" EAST 16.06 FEET, SOUTH 47°17'11" EAST 71.12 FEET TO A POINT ON THE EAST UNE OF REC 1; THENCE AlONG SAID EAST LINE1 SOUTH 25~'45'09" WEST 90.12 FEET1 SOUTH 23°38'10" WEST 109.80 FEET TO THE SOlJTHEAST CORNER OF REC 1; THENCE ALONG THE SOUTH UNE OF REC 11 NORTH 82"41'45" WEST 72.17 FEET, SOUTH 32"50'45" WEST 16.78 FEET TO THE BEGINNING OFA NON-TANGENT 6855.31-FOOT CURVE CONCAVE NORTHERLY, A RADIAL TO SAID POINT BEARS SOUTH 25°35'19" WEST; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 03°59'05" AN ARC DISTANCE First American Title ( Order Number: NHSC-451270~ (rh) Page Number: 12 OF 476.75 FEET; THENCE NORTH 60°25'37" WEST 449.43 FEET TO THE BEGINNING OF A TANGENT 2045.09-FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 31 °40'36" AN ARC DISTANCE OF 1130.65 FEET; THENCE SOUTH 87°53'47" WEST 751.88 FEET TO THE BEGINNING OF A TANGENT 1555.07- FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 43°01'37" AN ARC DISTANCE OF 1167.80 FEET; THENCE NORll-1 49°04'36" WEST 511.31 FEET TO THE BEGINNING Of A TANGENT 2045.09-FOOT · RADIUS CURVE CONCAVE SOLJTHERL Y; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 05°2.3'02" A DISTANCE OF 192.17 FEET; THENCE RADIAL TO SAID CURVE NORTH 35°32'22" EAST 55.00 FEET; THENCE NORTH 44°46'29" WEST 132.79 FEET TO THE SOUTHWEST CORNER OF REC 1; THENCE NORTHERLY ALONG THE WEST LINE OF REC 1, NORTH 31 °58'59" EAST 69.52 FEET, NORTH 36°59'55" EAST 92.46 FEET, NORTH 42°43'42" EAST 92.% FEET, NORTH 48°33'11" EAST 92.75 FEET, NORTH 63°32'50" EAST 92.35 FEET, NORTH 47°45'28" EAST 94.49 FEET, NORTH 78°10'09" EAST 93.72 FEET, NORTH 77°37'25" EAST 91.01 FEET, NORTH 77°03'12" EAST 89.97 FEET, NORTH 64°38'40" EAST 96.25 FEET, NORTH 85°05'13" EAST 96.38 FEET, NORTH 89°38'33" EAST 100.00 FEET, NORTH 88°57'30" EAST 100.13 FEET, NORTH 85°59'03" EAST 106.46 FEETr SOUTH 86°41'381 ' EAST 110.56 FEET, NORTH 61°28'22" EAST 110.57 FEET, NORTH 66°17'10" EAST 106.20 FEET, NORTH 60"39'4r EAST 105.87 FEET, NORTH 54°42'29" EAST 104.85 FEET, NORTH 55"38'4811 EAST 99.66 FEET1 NORTH 58°26'48" EAST 100.12 FEET, NORTH 58"21'19" EAST 100.18 FEET, NORTH 55"29'19" EAST 99.96 FEET, NORTH 52°36'33" EAST 100.20 FEET, NORTH 51 °40'56" EAST 103.75 FEET, NORTH 48°32'08" EAST 104.73 FEET1 NORTH 43°05'39" EAST 104.95 FEET, NORTH 41 °41'52" EAST 101.54 FEET, NORTH 41"25'43" EAST 100.09 FEET1 NORTH 38°31'19" EAST 99.98 FEET, NORTH 37°50'23" EAST 106.35 FEET TO THE NORTHWEST CORNER OF REC 1; THENCE EASTERLY ALONG THE NORTH LINE OF REC 1, SOliTH 89°18'59" EAST 1688.99 FE~i THENCE LEAVING SAID NORTH UNE, NORTH 53°53'49" WEST 173.74 FEET TO THE BEGINNING OF A TANGENT 470.00-FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 05°58'25" AN ARC DISTANCE OF 49.00 FEET; THENCE NON-TANGENT TO SAID CURVE SOUTH 89°18'59" EAST 20.54 FEET, SOUTH 57°39'03" EASf 249.77 FEET TO A POINT ON THE NORTH LINE OF REC 1, SAID LINE ALSO BEING THE SOUTH LINE OF SAID LOT 140 OF MAP NO. ~~J.?.; THENCE EASTERLY ALONG SAID LINE, SOUTH 89°18'59" EAST 346.33 FEET TO THE POINT OF BEGINNING. APN: 208-010-44-00 Rrst American Title CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 • 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 f2{i Y\ l~ li?1/D On 6/lt /Jt.p before me, ·~q==· "'-f-'-'-J __,__' -'=--'~...:-· ~~'-"";--· --"--"'~"""';'--'-r--JL'-' -'P,_. _t.._JJ_· t_r.te_=· __ Date Here Insert Namtf and Title of 'he Officer personally appeared -----"''~)c-'"C"""'t£:0=.: -""'· ;_;_'_\ _ ___,.Ge:_ec:.__.~--"'/d""'.'-'~ ...... ibf-=._.__ ____________ _ Name(s) of Signer(s) who 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. Place Notary Sea/ Above 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. · -----------------------------oPTIONAL----------------------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: _______ _ Number of Pages: Signer(s) Other Than Named Above: ____________ _ Capacity(ies) Claimed by Signer(s} Signer's Name: ___________ _ Signer's Name: _____________ _ 0 Corporate Officer -Title(s): ______ _ 0 Corporate Officer -Title(s): _____ _ 0 Partner -0 Limited 0 General 0 Partner -D Limited [J General 0 Individual [J Attorney in Fact D Individual [J Attorney in Fact 0 Trustee [J Guardian or Conservator D Trustee [J Guardian or Conservator 0 Other: _____________ _ D Other: ______________ __ Signer Is Representing: ________ _ Signer Is Representing: _________ _ • ©2014 National Notary Association· www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 • 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 8a ALD ll tc.fJD ) tvt c~ tg '2CiiV!betore me, RnxanJ0c:, ~Jof\GS, A)of:ary M~do/;r <--bate 1 f;lere Insert Name arid Title of thf§ Officer On personally appea~d ~~~~-~C~t~.~~·t~?~~~~~~~~· e~·-~~~:~~~{~~~-~~~~~~~~~~~~ Name(s) of Signer(s) who 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. 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. Place Notary Seal Above -----------------------------oPTIONAL----------------------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: _______ _ Number of Pages: Signer(s) Other Than Named Above: ____________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ___________ _ Signer's Name: ____________ _ 0 Corporate Officer ~ Title(s): ______ _ 0 Corporate Officer ~ Title(s): ______ _ 0 Partner~ 0 Limited 0 General 0 Partner ~ [J Limited 0 General 0 Individual [J Attorney in Fact 0 Individual [J Attorney in Fact 0 Trustee D Guardian or Conservator 0 Trustee 0 Guardian or Conservator 0 Other: ______________ _ 0 Other: _____________ _ Signer Is Representing: ________ _ Signer Is Representing: ________ _