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HomeMy WebLinkAboutHB Homes Management, LLC and Huntington Beach Elementary School District - 2019-02-04 APPR-6 vE'D 7-0 0 City of Huntington Beach File #: 19-111 MEETING DATE: 2/4/2019 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY Fred A. Wilson, City Manager PREPARED BY: Travis K. Hopkins, PE, Director of Public Works Subject: Approve and authorize the execution and recordation of an Easement, Construction and Maintenance Agreement with HB Homes Management, LLC and the Huntington Beach Elementary School District for the LeBard Redevelopment Project at 20461 Craimer Lane Statement of Issue: An Easement, Construction and Maintenance Agreement Regarding Tract Map No. 17801, between the City, the "Developer" (HB Homes Management, LLC) and the "District" (Huntington Beach Elementary School District) is presented for City Council approval and execution for the LeBard Redevelopment Project at 20461 Craimer Lane. Financial Impact: On May 5, 2014, the City executed a Memorandum of Understanding (MOU) with the District regarding the transfer and development of the LeBard School site. At the December 7, 2015, City Council meeting, the City entered into an Agreement with the District that includes the development of single family residential homes, and storm water quality features that serve those homes. Upon execution of this agreement, the Developer will be responsible for expenses related to maintenance of said storm water quality improvements. Recommended Action: A) Approve and authorize the Mayor and City Clerk to execute the "Easement, Construction and Maintenance Agreement Regarding Tract Map No. 17801 ," between the City, HB Homes Management, LLC and the Huntington Beach Elementary School District to provide easements, construction of certain park improvements and maintenance of landscaping/park improvements related to certain water quality and drainage features in the LeBard Redevelopment Project. B) Instruct the City Clerk to record said "Easement, Construction and Maintenance Agreement Regarding Tract Map No. 17801" (and attachments) with the Orange County Recorder. Alternative Action(s): Do not authorize execution of the Easement, Construction and Maintenance Agreement Regarding Tract Map No. 17801, with findings for denial, and direct staff accordingly. Absent this agreement, the City would be responsible for construction of certain park improvements and maintenance of the landscaping/park improvements related to water quality features in the project. This alternative action City of Huntington Beach Page 1 of 3 Printed on 1/30/2019 poweretWy Legistar— File #: 19-111 MEETING DATE: 2/4/2019 would result in increased future maintenance costs for the City and will prevent the Developer from satisfying the project's Conditions of Approval. Analysis: The LeBard Redevelopment Project is located at the former LeBard Elementary School site at 20461 Craimer Lane (east of Brookhurst Street near the intersection with Indianapolis Avenue). Presently, the District is the owner of a 6.6-acre "Recreation Parcel" (portion of former school site now used by Seaview Little League for youth baseball) and the Developer is the owner of the 3.2-acre "Residential Parcel" which they purchased from the District for redevelopment into a 15-lot residential subdivision. The Project includes this residential subdivision as well as proposed park improvements over parkland owned by both the City (LeBard Park) as well as parkland currently owned by the District (i.e. the "Recreation Parcel"). See Attachment 2 for an overall plan of the project. On June 9, 2015, the City Planning Commission approved Tentative Tract Map No. 17801 (Attachment 3) with a Condition of Approval requiring that the project's Homeowner's Association (HOA) execute an Agreement with the City to assign the HOA responsibility for: (1) construction of certain park improvements; and, (2) continuing maintenance/liability of certain landscaping/park improvements related to water quality and drainage features associated with the project. Since the HOA will not be created until after construction of the project's 15 single-family homes, the Developer would have these responsibilities until succeeded by the HOA, as specified in the subject agreement (Attachment 1). On December 8, 2015, the City and District entered into an "Acquisition Agreement", wherein the City agreed to purchase the Recreation Parcel from the District. Pursuant to this Acquisition Agreement, conveyance of Recreation Parcel to the City would not occur until after the Developer completes construction of the required park improvements. Consequently, since the District is the current owner of the Recreation Parcel, they are also required to be signatory to the subject Easement, Construction and Maintenance Agreement Regarding Tract Map No. 17801, and until the conveyance is completed, the parkland will be jointly owned by the District and the City. In addition to construction and maintenance of park improvements and water quality features, this Easement, Construction and Maintenance Agreement Regarding Tract Map No. 17801 provides the following easements: 1) Granted by the District (to the Developer) for drainage purposes over the Recreation Parcel and for maintenance of the water quality swale directly downstream of the new residential subdivision. 2) Granted by the Developer (to the City) for public park and open space purposes over the Detention Basin (Lot A of Tract Map 17801), directly downstream of the new residential subdivision. This Easement, Construction and Maintenance Agreement Regarding Tract Map No. 17801 has been reviewed and approved by the Developer, the District, Public Works staff and by the City Attorney's Office and is now presented to City Council for approval and execution. Public Works Commission Action: Not required. Environmental Status: The agreement is categorically exempt from the California Environmental Quality Act, pursuant to City Council Resolution No. 4501. City of Huntington Beach Page 2 of 3 Printed on 1/30/2019 powereVaq LegistarTI File #: 19-111 MEETING DATE: 2/4/2019 Strategic Plan Goal: Enhance and maintain infrastructure Attachment(s): 1. "Easement, Construction and Maintenance Agreement Regarding Tract Map No. 17801 ," between the City, HB Homes Management, LLC and the Huntington Beach Elementary School District to provide easements, construction of certain park improvements and maintenance of landscaping/park improvements related to certain water quality and drainage features in the LeBard Redevelopment Project. 2. Overall Plan of the LeBard Redevelopment Project. 3. Tentative Tract Map No. 17801 City of Huntington Beach Page 3 of 3 Printed on 1/30/2019 powered Legistar— Recorded in Official Records, Orange County Hugh Nguyen, Clerk-Recorder III 11 II 11$1 111 11 I i I I R 1111 III NO FEE * $ R 0 0 1 0 6 8 4 0 0 3 $ * RECORDING REQUESTED BY: 2019000072370 4:26 pm 03/07/19 CITY OF HUNTINGTON BEACH 48 401 E2 24 0.00 0.00 0.00 0.00 69.00 0.00 0.000.000.00 0.00 WHEN RECORDED MAIL TO: City Clerk City of Huntington Beach P.O. Box 190 /2000 Main Street Huntington Beach, CA 92648 Fee exempt per Government Code § 6103 SPACE ABOVE THIS LINE FOR RECORDER'S USE This docurrwK is sd*for the offkW business of the Clty of Huntington Bosch, ae conternplotod under Go+rutrrw*Code Sec.27383 and should a recorded fres of chary°• EASEMENT, CONSTRUCTION AND MAINTENANCE AGREEMENT REGARDING TRACT MAP NO. 17801 This Easement And Maintenance Agreement Regarding Tract Map No. 17801 (the "Agreement") is made and entered into on this < 7"' day of F , 20191 by and between the CITY OF HUNTINGTON BEACH, a California municipal core ration(the "City"), the HUNTINGTON BEACH CITY SCHOOL DISTRICT, a California public school district(the "District") and HB HOMES MANAGEMENT, LLC a California Limited Liability Company ("Declarant"). RECITALS A. As of the date of this Agreement,the District is the owner of youth sports fields on the former LeBard Elementary School Site comprising approximately 6.6 acres, more particularly described in the legal description attached as Exhibits A-1 and A-2, and which will be referred to as the "Recreational Property." B. As of the date of this Agreement,the City is the owner of LeBard Park, consisting of two legal parcels comprising approximately three (3) acres, more particularly described in the legal description attached hereto as Exhibits B-1 and B-2 and,which will be referred to as"LeBard Park." C. As of the date of this Agreement, Declarant is the owner of a parcel purchased from the District comprising 3.2 acres,more particularly described in the legal description attached hereto as Exhibits C-1 and C-2, and which will be referred to as the "Residential Subdivision." D. The City and District have entered into the"Agreement for Acquisition and Escrow Instructions,"dated December 8, 2015,by which the City has agreed to purchase the Recreational Property from the District (the "Acquisition Agreement"). E. On June 10, 2015, the Planning Commission of the City approved the District's application for General Plan Amendment No. 12-002/ Zoning Map Amendment No. 12-001/ 1 18-6574/191190/SFF RECORDING REQUESTED BY: CITY OF HUNTINGTON BEACH WHEN RECORDED MAIL TO: City Clerk City of Huntington Beach P.O. Box 190 /2000 Main Street Huntington Beach, CA 92648 Fee exempt per Government Code § 6103 SPACE ABOVE THIS LINE FOR RECORDER'S USE This documert is solely for the official of the City of Huntington Beech, n contemplated under Government Code Sac.27383 and should-De recorded f" of charge` EASEMENT, CONSTRUCTION AND MAINTENANCE AGREEMENT REGARDING TRACT MAP NO. 17801 This Easement And Maintenance Agreement Regarding Tract Map No. 17801 (the "Agreement") is made and entered into on this -/' day of 2019, by and between the CITY OF HUNTINGTON BEACH, a California municipal core ration (the "City"), the HUNTINGTON BEACH CITY SCHOOL DISTRICT, a California public school district (the "District") and HB HOMES MANAGEMENT, LLC a California Limited Liability Company ("Declarant"). RECITALS A. As of the date of this Agreement,the District is the owner of youth sports fields on the former LeBard Elementary School Site comprising approximately 6.6 acres, more particularly described in the legal description attached as Exhibits A-1 and A-2, and which will be referred to as the "Recreational Property." B. As of the date of this Agreement, the City is the owner of LeBard Park, consisting of two legal parcels comprising approximately three (3) acres, more particularly described in the legal description attached hereto as Exhibits B-1 and B-2 and,which will be referred to as"LeBard Park." C. As of the date of this Agreement, Declarant is the owner of a parcel purchased from the District comprising 3.2 acres,more particularly described in the legal description attached hereto as Exhibits C-1 and C-2, and which will be referred to as the "Residential Subdivision." D. The City and District have entered into the"Agreement for Acquisition and Escrow Instructions," dated December 8, 2015,by which the City has agreed to purchase the Recreational Property from the District (the "Acquisition Agreement"). E. On June 10, 2015, the Planning Commission of the City approved the District's application for General Plan Amendment No. 12-002/ Zoning Map Amendment No. 12-001/ 1 18-6574/191190/SFF Conditional Use Permit No. 12-039/Tentative Tract Map No. 17801/Mitigated Negative Declaration No. 12-008/Variance No. 2015-001 to allow the development of a 15-lot Residential Subdivision, and City acquisition of the Recreational Property. These approvals shall be referred to as the "Entitlements." Page 3 of Final Tract Map No. 17801 is attached as Exhibit D. F. Tract Map No. 17801 comprises the Residential Subdivision (Lots 1 through 15 and lettered Lots A through C of Tentative Tract Map No. 17801), the Recreational Property and LeBard Park. Upon recordation of Final Tract Map No. 17801, the Recreational Property and LeBard Park will be merged into Lot 16 of Final Tract Map No. 17801. G. Mitigation Measure 18 of the Entitlements provides that: "In compliance with the WQMP [Water Quality Management Plan] for the LeBard Elementary School site, a detention basin and a flow-based vegetated swale shall be incorporated into the design of the proposed project and shown in the Final Tentative Tract Map. All design parameters outlined in the WQMP shall be implemented in the design and construction of the detention basin and flow-based vegetated swale. All operational requirements such as inspections and maintenance activities established in the WQMP for LeBard Elementary School Site shall be implemented during the operational phase of the proposed project." H. Condition of Approval 6(a)(ii)of the Entitlements provides that prior to recordation of the Final Map for Tract 17801: "The [future] Homeowner's Association (HOA) shall execute a Landscape Maintenance Agreement with the City that the HOA shall be responsible for the continuing maintenance and liability of all landscaping, irrigation, water quality and drainage features associated with the proposed water quality basin (adjacent to the City Park and indicated as Lot "A" on Tract Map 17801). The Agreement shall describe all aspects of maintenance such as removal of trash, debris and silt buildup, removal and replacement of dead/damaged lawn (and any other plantings) resulting from the operation of the basin and any other aspects of maintenance that are warranted by the improvements. The agreement shall state that the HOA shall be responsible for all costs associated with maintenance, repair, replacement, liability, and fees imposed by the City. The Landscape Maintenance Agreement shall be referenced in the CC&R's." I. The Detention Basin and Flow-Based Vegetated Swale referenced above are depicted on Exhibit D as lettered Lot A and Easement B, respectively. J. Following recordation of Final Tract Map 17801, Declarant shall be required to create a homeowners association("HOA")in compliance with the Davis-Stirling Common Interest Development Act, commencing with California Civil Code Section 4000. The HOA is the successor to and assignee of the rights, and obligations of Declarant under this Agreement, including but not limited to maintaining not only the common areas within the Residential Subdivision, but also the Detention Basin (lettered Lot A of Tract Map 17801, the "Detention Basin") and the Flow-Based Vegetated Swale (Easement B of Tract Map 17801, the "Swale"). 2 18-6574/191190/SFF K. This Agreement sets forth the terms and conditions for the implementation of certain conditions of approval of the Entitlements and the Acquisition Agreement. Compliance of Declarant with the Entitlements and the Acquisition Agreement is in the vital and best interests of City and the welfare of its residents, and in accordance with the public purposes and provisions of applicable federal, state, and local laws and requirements. L. Prior to recordation of Final Map No. 17801, Declarant shall prepare, and the City Engineer shall approve Improvement Plans and Water Quality Management Plans for the completion of certain public and private improvements in connection with the Entitlements. The Improvement Plans are on file in the Office of the City Engineer and are incorporated into this Agreement by this reference. All references in this Agreement to the Improvement Plans include by reference any standard specifications for the construction and installation of improvements as approved by the City Engineer in effect on the date of approval of the Tract 17801 Approvals. M. The Entitlements provide that Declarant shall dedicate to the City a public street easement for Lightbreeze Circle. Prior to dedication, City requires Declarant to install street improvements for Lightbreeze Circle pursuant to the City-approved Improvement Plans. As part of the Improvements Plans, there shall be a landscaped parkway with irrigation lines and other improvements within the public street easement ("Landscaped Parkway"). Tract Map Condition of Approval No. 6(a)(i) requires that the HOA shall irrigate, maintain, repair and replace the Landscaped Parkway, as well as lettered Lots A (the Detention Basin), B and C of Tract 17801, all of which shall be owned by the HOA. Said maintenance shall include but not be limited to removal of trash and debris, removal and replacement of dead/damaged lawn and plantings, and following Best Management Practices for maintenance of the Landscaped Parkway and lettered Lots A, B and C. The HOA shall maintain the Landscaped Parkway and lettered Lots A, B and C in perpetuity. N. The Entitlements, at Condition of Approval 6(a)(ii) of Tract 17801, and Mitigation Condition No. 18, require that the Detention Basin shall be installed on lettered Lot A and the Swale on Easement B of Tract 17801 in compliance with the Improvement Plans and the Water Quality Management Plan. The Detention Basin and Swale shall serve as a landscaped drainage area and water detention basin for Lots 1-15, and lettered Lots B and C. The HOA shall irrigate and maintain the landscaping of the Detention Basin and the Swale consistent with the City Improvement Plans. Said maintenance shall include,but not be limited to,removal of trash, debris and silt buildup, removal and replacement of dead/damage lawn and plantings, and following Best Management Practices for maintenance of the Detention Basin and Swale. The HOA shall maintain the Swale and Detention Basin in perpetuity. O. As Tract Map Condition of Approval Section 6(a)(ii) of the Entitlements require pursuant to this Agreement, Declarant has granted the City an easement across lettered Lot A for public,recreational,open space,park,and other uses appurtenant or incident thereto for the benefit of the Recreational Property. P. As of the date of this Agreement, the District is the owner of the Recreational Property, including Easement B, and Declarant is the owner of lettered Lot A, as depicted on Tract 17801. The Entitlements require that Declarant construct, and the HOA maintain the Swale and the Detention Basin in compliance with the Improvement Plans and the Water Quality Management Plan (the "WQMP"), which are on file in the Office of the City Engineer and are 3 18-6574/191190/SFF incorporated into the Agreement by this reference. Pursuant to the Entitlements, the City grants Declarant, and its successor, the HOA, a drainage easement over Easement B. Q. Pursuant to the Acquisition Agreement,Declarant shall construct on the Residential Parcel, the Recreational Property and LeBard Park the following improvements: (1) Public Right-of-Way Improvements: (a) Grading and construction of street improvements to Craimer Lane and Warwick Drive adjacent to the Residential and Recreational Properties. Improvements to half section of a portion of Craimer Lane and Warwick Drive to include the curb and gutter which will be removed and replaced. These improvements include the entry returns, sewer and water laterals for the Residential Property and a new driveway into the City.Park parking lot, sewer and water laterals and new landscaped parkways with curb separated sidewalks 0.4 acres). Installation of"under walk drains" on Cynthia Drive. (2) Recreational Property Improvements: (a) Construction of proposed landscape planter and water quality basin (0.5 acres) on the Residential Subdivision; (b) Construction of restroom/concession/storage building (1,500 sf) (the "Multi- Purpose Building") in support of use of sports fields on Recreational Property; (c) Construction of paved area surrounding the Multi-Purpose Building (+/- 2,500 sf) on Recreational Property; (d) Construction of a portion of proposed parking lot (+/- 450 sf) on Recreational Property; (e) Construction of proposed drainage swale (+/- 0.3 acres) on Recreational Property; (f) Relocation of bullpen (+/- 1,000 sf) on Recreational Property; (g) Construction of a portion of water quality basin and swale (+/- 350 sf) on Recreational Property; and, (h) Replacement and upgrade of the existing walkways within the sport field areas to ADA accessible walkways and the relocation of bleachers (+/- 0 5 acres) on Recreational Property ONLY during the August through February off-season for the Sea View Little League when the sports fields are not being used. 4 18-6574/191190/SFF (3 ) LeBard Park Improvements: (a) The existing LeBard Park parking lot will be removed, replaced and restriped to provide the appropriate ADA accessible parking spaces and to surface drain to the water quality basin being constructed by the Residential Buyer in accordance with Paragraph(1)(a) above (+/- 0.4 acres); (b) Grading and construction of ADA walkways and landscape improvements to the existing LeBard Park (+/- 0.4 acres): and, (c) Grading and construction of a water quality basin and swale to treat run-off from the LeBard Park parking lot (+/- 0.1 acres). NOW, THEREFORE, in consideration of the above Recitals, which are incorporated herein by this reference, and of the mutual covenants hereinafter contained and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. Purpose. The purpose of this Agreement is as follows: a. To require that Declarant constructs pursuant to the Improvement Plans on file with the City,the Detention Basin and the Swale prior to issuance of the first grading permit for the Residential Subdivision. b. To require that Declarant construct, pursuant to the approved Improvement Plans on file with the City, the Public Right-of-Way Improvements, the Recreational Property Improvements and the LeBard Park Improvements identified in Recital Q prior to construction of any residential unit of the Residential Subdivision. C. To require that Declarant, and its successor in interest, the HOA, irrigates, maintains, repairs and replaces the Detention Basin, the Swale, and the Landscaped Parkway in perpetuity. d. To require that Declarant grant the City an easement across lettered Lot A of Tract Map 17801 for public, recreational, open space, park, and other uses appurtenant or incident thereto for the benefit of the Recreational Property. e. To require City grant Declarant, and its successor, HOA, Easement B across the Recreational Property, as depicted on Final Tract Map No. 17801. f. To allow merger of the Recreational Property and LeBard Park into a single Lot 16 upon recordation of Final Tract Map No. 17801. Upon recordation of Final Tract Map No. 17801, the City and the District will take joint title to Lot 16. The Acquisition Agreement provides that escrow will close on the conveyance of the Recreational Property to the City upon (i) Declarant completing installation of the Public Right-of-Way Improvements, the Recreational Property Improvements and the LeBard Park Improvements, and (ii) prior to 5 18-6574/191190/SFF Declarant obtaining issuance of the first building permit for any residential unit of the Residential Subdivision. Consequently, upon the Declarant completing said Improvements, escrow on the Acquisition Agreement shall close and the School District shall convey to the City exclusive title to Lot 16 of Final Tract Map No. 17801. g. To require that Declarant provide certain disclosures to first time homebuyers in the Residential Subdivision, and that the HOA provide the same disclosures to all subsequent homebuyers. 2. Definitions. a. "Detention Basin" shall mean lettered Lot A of Tract Map 17801. b. "Improvement Plans" shall mean the City-approved plans on file with the Department of Public Works, including but not limited to, the Water Quality Management Plan, the Landscape Improvement Plans, the Sewer and Water Improvement Plans, the Baseball Facility Plan, the LeBard Park Parking Lot Improvement Plan, and Street Improvement Plans. C. "Land" shall mean collectively lettered Lots A through C of Tract Map 17801 (which includes the Detention Basin as letter Lot A),the Landscaped Parkway,and the Swale. d. "Landscaped Parkway" shall mean the landscaped and irrigated area abutting the sidewalk and street improvements for Lightbreeze Circle. The approved Improvement Plans for the Landscaped Parkway are on file with the City Department of Public Works. e. "Swale" shall mean the Flow-Based Vegetated Swale required under the Entitlements and comprising Easement B of Tract Map 17801. 3. Installation and Completion of Detention Basin, Swale and Improvements Required Under Acquisition Agreement. In accordance with the Improvement Plans on file with the City, Declarant shall install the Improvements as follows: a. The Detention Basin and the Swale shall be constructed, accepted by the City, and secured by a one-year guaranty and warranty bond prior to issuance of the first grading permit for the Residential Subdivision. b. The Public Right-of-Way Improvements, the Recreational Property Improvements and the LeBard Park Improvements identified in Recital Q shall be constructed, accepted by the City, and secured by a one-year guaranty and warranty bond prior to issuance of the first building permit for any residential unit of the Residential Subdivision. 4. Maintenance of the Land. Declarant agrees on behalf of itself and the HOA, to maintain the Landscaped Parkway, lettered lots A, B, and C, the Swale and the Detention Basin 6 18-6574/191190/SFF (collectively, the "Land") at its sole cost and expense in perpetuity. The Maintenance Standards for the Land shall include, but not be limited to: a. All Land shall be maintained in good and satisfactory condition, and in accordance with the applicable approved Improvement Plans and approved Water Quality Management Plan on file with the Public Works Department of the City. b. All Land shall be fertilized,cultivated,edged,and mowed regularly(at least bi-weekly). C. Dead or damaged lawn shall be reseeded or replaced with sod. d. General planting and trimming or other corrective gardening as needed to maintain a healthy and natural appearance of the Land shall be performed, including to ensure road visibility and irrigation coverage. e. The Land shall be free from weeds, debris and harmful insects at all times. Grass and plants shall be sprayed with both insecticides and herbicides as necessary. f. All trash, debris and silt buildup shall be removed from the Land on a weekly interval. g. The Land shall be kept in a clean, safe and attractive condition, taking into consideration normal growth of the landscape materials and a continuation of the aesthetic quality of the area. h. All gardening and maintenance performed on the Land shall conform to the best maintenance practices and to the Arboricultural and Landscape Standards Specification issued by the City's Department of Public Works. i. In all cases, the Detention Basin and the Swale shall be maintained in compliance with the applicable approved Water Quality Management Plan. e j. The Detention Basin and Swale shall be cleaned and maintained to ensure they function to filter solids from water run-off. k. No changes, modifications or alterations may be made to any of the Land contrary to the Improvement Plans without the prior written consent of City. 7 18-6574/191190/SFF 1. In the event any damage is caused to any of the Land as a result of age, normal wear, theft, vandalism or destruction by natural occurrence, Declarant and HOA agree to repair same at their own expense. All repairs and replacement of amenities or finished surfaces such as repairing broken, cracked or lifted hard surfacing, shall be with the same materials and colors as originally approved and installed. All building permits, business licenses and other applicable permits and licenses shall be secured and paid for by Declarant or HOA. All repairs or replacement shall be completed promptly after receipt of written notice to repair by the City, and in any event within thirty business days after such notice. 5. Grant to City of Easement over the Detention Basin(lettered Lot A). Declarant and HOA hereby grant the City an easement for public, recreational, open space and park purposes, over and across lettered Lot A of Final Tract Map No. 17801. 6. Grant to Declarant and HOA of Drainage Easement over the Swale (Easement B). The City hereby grants Declarant and the HOA a drainage easement over and across "Easement B" depicted on Final Tract Map No. 17801, more particularly described in the legal description 7. Mechanics' Lien. Declarant and HOA agree not to suffer any mechanics' lien(s) to be filed against the City by reason of any work, labor, services or material performed at or furnished to the Swale. 8. Term. The term of this Agreement shall be perpetual. 9. Applicable Law. Declarant and HOA shall,at their sole cost and expense,faithfully observe in the use,maintenance and occupation of the land subject to this Agreement all municipal ordinances, and all state and federal statutes now in force and which may hereafter be in force, and shall fully comply, at its sole expense, with all regulations, orders, and other requirements issued or made pursuant to any such ordinances and statutes. All building permits, business licenses and other applicable permits and licenses shall be secured and paid for by Declarant and HOA. 10. Utilities. Declarant and HOA shall bear the expense of irrigation water, electricity and any other utility necessary to the maintenance of the Landscaped Parkway,the Detention Basin and the Swale pursuant to this Agreement. Declarant and HOA shall be solely responsible for using such utilities in a safe and hazard-less manner, complying in all respects with applicable codes and ordinances. 11. Covenants to Run With Land. All covenants in this Agreement shall pertain to and run with the land for the benefit of the City and its real property,the Recreational Property, LeBard Park, and ultimately Lot 16 when Final Tract Map No. 17801 is recorded. 12. City Maintenance of Land. If Property Owner fails to meet the standard of maintenance necessary to keep the Land in a healthy condition, City will give written notice of the deficiency to Declarant and HOA who shall have 30 days to make the necessary correction. If the correction is not made within 30 days, City may elect to take the steps necessary to assure that the Land is maintained and cared for. To do this, City shall serve a notice of its intent to enter the 8 18-6574/191190/SFF Land for this purpose. City shall either personally serve the notice upon Declarant and HOA or mail a copy of it by certified mail to Declarant's and HOA's last known address, or as shown on the tax rolls, at least 15 days in advance of the date when it intends to enter the Land. 13. Maintenance Costs as Lien. If City incurs costs in restoring or maintaining the Land after following the procedure set forth in Section 11 above, City shall make demand upon Declarant and HOA for payment. If Declarant and HOA fail to pay the costs incurred by City within 30 days of the date demand is made, City may make the costs a lien upon the described real property by recording a notice that it has incurred expenses under the terms of this Agreement with the County Recorder of County. The notice shall state the fact that City has incurred the costs under the terms of this Agreement and shall state the amount,together with the fact that it is unpaid and draws interest at the rate of seven percent (7%) per year until paid. For this purpose, City may enter on the Land and perform such work as it considers reasonably necessary and proper to restore and maintain the landscaping. City may act either through its own employees or through an independent contractor. 14. Additional Remedies. City may, as an alternative to the lien procedure set forth above in Section 13, bring a legal action to collect the sums due as the result of the making of expenditures for restoration and maintenance of the Land. 15. Workers' Compensation Insurance. Pursuant to California Labor Code Section 1861, Declarant and HOA acknowledge awareness of Section 3700 et seq. of said Code, which requires every employer to be insured against liability for workers' compensation. Declarant and HOA covenant that they will comply with such provisions prior to commencing performance of the work hereunder. Declarant and HOA shall maintain such Workers' Compensation Insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, and Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit, at all times incident hereto, in forms and underwritten by insurance companies reasonably satisfactory to City. Declarant and HOA shall require all subcontractors to provide such workers' compensation insurance for all of the subcontractors' employees. Upon reasonable notice, City may increase the insurance limits to account for inflation over time. 16. Insurance. In addition to the Workers' Compensation Insurance and the covenant of Declarant and HOA to indemnify City, Declarant and HOA shall obtain and furnish to City, a policy of commercial general liability insurance, including motor vehicle coverage, covering all activities to be undertaken by Declarant and HOA concerning the Land. Said policy shall indemnify Declarant and HOA,their officers,agents and employees,while acting within the scope of their duties, against any and all claims of liability arising out of or in connection with all activities to be undertaken by Declarant and HOA concerning the Land, and shall provide coverage in not less than the following amounts: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of$2,000,000 per occurrence. If coverage is provided under a form which includes a designated general 9 18-6574/191190/SFF aggregate limit, the aggregate limit must be no less than $2,000,000. Said policy shall name City and its respective officers, and employees as Additional Insureds, and shall specifically provide that any other insurance which may be applicable to all activities to be undertaken by Declarant and HOA concerning the Land shall be deemed excess coverage and that the insurance of Declarant and HOA shall be primary. Upon reasonable notice, City may increase the insurance limits to account for inflation over time. 17. Certificates of Insurance• Additional Insured Endorsements. At all times,Declarant and HOA shall furnish to City certificates of insurance, subject to approval of the City Attorney, evidencing the foregoing insurance coverages as required by this Agreement; said certificates shall: a. provide the name and policy number of each carrier and policy; and b. shall state that the policy is currently in force; and C. shall promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice to City. The requirement for carrying the foregoing insurance coverages shall not derogate from the duty of Declarant and HOA to indemnify City under this Agreement. City or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. Declarant and HOA shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. 18. Indemnification and Hold Harmless. Declarant and HOA hereby agree to protect, defend, indemnify and hold and save harmless City, and its respective officers and employees against any and all liability, claims, judgments, costs and demands, however caused, including those resulting from death or injury to Declarant's and HOA's employees and damage to Declarant's and HOA's property, arising directly or indirectly out of the activities to be undertaken by Declarant and HOA pursuant to this Agreement caused in whole or in part by any negligent act or omission of Declarant, the HOA, and their contractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence except where caused by the active negligence, sole negligence or willful misconduct of City. Declarant and HOA will conduct all defense at their sole cost and expense. 19. Rules and Regulations. Declarant and HOA agree to obey and observe (and cause their officers, employees, contractors, invitees and all others doing business with Declarant and HOA to obey and observe) all rules and regulations of general applicability regarding the Land as may be established by City at any time and from time to time during the term of this Agreement. 20. Disclosures to Homebuyers Within Residential Subdivision. Declarant shall provide the following disclosure to first time buyers of homes in the Residential Subdivision, and that the HOA and individual home seller shall provide the same disclosure to all subsequent home buyers: a. The buyer is aware that they are purchasing a home adjacent to sports/baseball fields and may be subject to errant fly balls on their property. b. Lightbreeze Circle is a public street, and available for public on-street parking. 10 18-6574/191190/SFF C. Lots 1 through 6 abutting single-family homes on Crailet Drive shall maintain 20- foot rear yard setback. 21. Notices. Any notice or special instruments required to be given in writing under this Agreement shall be given either by personal delivery to Declarant (as designed herein) or to City as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, return receipt requested and depositing the same in the United States Postal Service, addressed as follows: To City: To Declarant: Director of Public Works HB Homes Management, LLC City of Huntington Beach 9140 Trask Avenue, Suite 202 2000 Main Street Garden Grove, CA 92844 Huntington Beach CA 9264 38 Arbusto To District: Irvine, CA 92606 Assistant Superintendent, Administrative Services Huntington Beach City School District 8750 Dorsett Drive, Huntington Beach, CA 92646 22. Captions and Terms. The captions and section numbers appearing in the Agreement are for convenience only and are not a part of the Agreement and do not in any way limit, amplify, define, construe or describe the scope of intent of the terms and provisions of this Agreement, or in any way affect this Agreement. 23. Recordation. This agreement shall be recorded with the County Recorder of Orange County, California. 24. No Third Party Benefit. This Agreement is made and entered into for the sole benefit and protection of the parties hereto, and the parties do not intend to create any rights or benefits under this Agreement for any person who is not a party to this Agreement, except for any permitted assignees. 25. Entirety. The foregoing, and the attachments hereto, set forth the entire Agreement between the parties. 26. Amendments. The terms of this Agreement may only be modified or amended by an instrument in writing executed by each of the parties hereto; provided, however, the City Manager shall have the authority to issue interpretations, waive provisions and enter into 11 18-6574/191190/SFF amendments of this Agreement on behalf of City so long as such actions do not substantially change the uses or development permitted on the Land. 27. Interpretation and Governing Law. This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California without regard to conflict of law principles. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties hereto, and the rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this Agreement, all Parties having been represented by counsel in the negotiation and preparation hereof. 28. Time of Essence. Time is of the essence in the performance of the provisions of this Agreement as to which time is an element. 29. Attorney's Fees. In connection with any matters or litigation arising under this Agreement, each party shall bear its own attorney's fees. 30. Covenants Run With Land. The covenants in this Agreement pertain to and run with the real property described above. This Agreement binds the successors in interest of each of the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. 12 18-6574/191190/SFF HUNTINGTON BEACH CITY SCHOOL CITY OF HUNTINGTON BEACH, DISTRICT, a California public school district: a California municipal corporation pxl� Gregg Aaulk,'�uperintendent Mayor Erik Peterson Jon Archibald ss' ant Superintendent, Administrative City Clerk Robin Estanislau Services INITIATED AND APPROVED: HB HOMES MANAGEMENT, LLC, irector of Pub i orks Travis Hopkins a California Limited Liability Company REVIEWED AND APPROVED: By �` Its ecSi Mara Cit an ger Fred Wilson APPROVE TO FORM: By Its P ty Attorney Michael E. Gatess� COUNTERPART 13 18-6574/191190/SFF 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 Califor 'a ) County of / Qzil2 Cam' On � .�/ before me, � Z_ • /� Date / Here Insert Name and Title of the Officer personally appeared /C�'�E�G1y �Nd � iPCf,�/6.4� Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the personl,!�)whose name6is re subscribed to the within instrument and acknowledged to me that heis' a/executed the same in his/h ei uthorized capacityfS .-end that b i9isfher iQic signatures ion the instrument the person or the entity upon behalf of which the perso ss 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 y hand an official seal. P.L.ESPARZA Notary Public-California Signature Orange County Commission#2204197 Signature of Notary Pffblic My Comm.Expires Aug 4,2021 r 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 Doc ment Title or Type of Document: ,rr /CE•74-467-/7P0/ Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑ Guardian or Conservator ❑Trustee ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: ©2014 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item #5907 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. ACKNOWLEDGMENT STATE OF CALIFORNIA ) ) ss COUNTY OF ORANGE ) On March 7, 2019 before me, Donna M. Switzer, Notary Public, personally appeared Robin Estanislau and Erik Peterson who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons 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. DONNA M SWITZER WITNESS my hand and official seal. c COMMISSION#2130243 Notary Public-California 3 ORANGE COUNTY r My Comm E.pues Ocl 15 2019 • wa%�- (Seal) (Notary Signature) HUNTINGTON BEACH CITY SCHOOL CITY OF HUNTINGTON BEACH, DISTRICT, a California public school district: a California municipal corporation Gregg Haulk, Superintendent Mayor Jon M. Archibald Assistant Superintendent, Administrative City Clerk Services INITIATED AND APPROVED: HB HOMES MANAGEMENT,LLC, 'Director of Pub fic­-'��Io-'-Iq a California Limited Liability Company REVIEWED AND APPROVED: By Its DAV t p N GkPT P_1\j City Manager APPROVE J>- ,4tm FORM: B 00, Its 'Attorney ov COUNTERPART 13 18-6574/191190/SFF 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. ..............-1-11............. State of California County of On before me, Date Here Insert Name and Title of the Officer personally appeared V Name(s)of Signer(s) are who proved to me on the basis of satisfactory evidence to be th e n(s) whose name(s& bschbed to the within instrument and ackno dged to me th&..t lh.�s=hey executed the same in Mher/their signature s)on the instrument the parson(s), (hi '0.her/their authorized capacity(ies),and that r7e 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. HAN T7, N—GUYEN WITNESS my hand an q official seal. rn COW#2224901 VJ NOTARY PUBLIC-CALIFORNIA ORANOE COUN MY COMM.Exp.!��TY= Signature Signature of Notary Public 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: Corporate Officer — Title(s): Ww Corporate Officer — Title(s): Partner — F0 Limited I—General 17-1 Partner — 10 Limited 17,1 General Individual 'L­-,Attorney in Fact Individual Attorney in Fact Trustee Guardian or Conservator F­1`11 Trustee 'Guardian or Conservator Other: Other: Signer Is Representing: Signer Is Representing: 02016 National Notary Association -www.NationaiNotary.org - 1-800-US NOTARY(1-800-876-6827) Item#5907 EXHIBIT "A-1" LEGAL DESCRIPTION OF RECREATIONAL PROPERTY THAT PORTION OF THE WEST ONE-HALF OF SECTION 8, TOWNSHIP 6 SOUTH, RANGE 10 WEST, IN THE RANCHO LAS BOLSAS, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 66, TRACT 5128, AS SHOWN IN BOOK 211 OF MISCELLANEOUS MAPS, PAGES 23 THROUGH 26, INCLUSIVE, RECORDS OF ORANGE COUNTY, SAID POINT ALSO BEING ON THE SOUTH LINE OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 8; THENCE NORTH 00°20'44" EAST, ALONG THE EAST LINE OF SAID TRACT 5128, A DISTANCE OF 376.62 FEET TO THE SOUTHERLY RIGHT-OF-WAY OF CRAILET DRIVE, HAVING A HALF WIDTH OF 30.00 FEET; THENCE SOUTH 89°41'12" EAST, ALONG SAID RIGHT-OF-WAY, A DISTANCE OF 15.00 FEET TO THE NORTHWEST CORNER OF LOT 61 OF SAID TRACT 5128; THENCE SOUTH 00020'44"WEST, ALONG THE WEST LINE OF SAID LOT 61, A DISTANCE OF 110.00 FEET TO THE SOUTHWEST CORNER OF SAID LOT 61; THENCE NORTH 88°22'19" EAST, ALONG THE SOUTHERLY LINE OF LOTS 61 AND 60 OF SAID TRACT 5128, A DISTANCE OF 128.75 FEET TO THE SOUTHEAST CORNER OF SAID LOT 60; THENCE NORTH 83°46'04" EAST, ALONG THE SOUTHERLY LINE OF LOTS 59 AND 58 OF SAID TRACT 5128, A DISTANCE OF 129.40 FEET TO THE SOUTHEAST CORNER OF SAID LOT 58; THENCE NORTH 79'08'11" EAST, ALONG THE SOUTHERLY LINE OF LOTS 57 AND 56 OF SAID TRACT 5128, A DISTANCE OF 66.31 FEET TO A POINT IN THE SOUTHERLY LINE OF SAID LOT 56; THENCE SOUTH 00°13'46"WEST, A DISTANCE OF 336.03 FEET; THENCE SOUTH 49°10'20"WEST, A DISTANCE OF 10.62 FEET; THENCE SOUTH 00°08'52"WEST, A DISTANCE OF 26.61 FEET; THENCE NORTH 89°56'48" EAST A DISTANCE OF 48.67 FEET; THENCE SOUTH 55'35'10" EAST, A DISTANCE OF 11.60 FEET; THENCE SOUTH 89°51'08" EAST, A DISTANCE OF 154.67 FEET; THENCE NORTH 60°57'47" EAST, A DISTANCE OF 10.25 FEET; THENCE SOUTH 89°48'21" EAST, A DISTANCE OF 77.21 FEET; THENCE NORTH 23°22'18" EAST, A DISTANCE OF 50.91 FEET; THENCE NORTH 60°21'16" WEST, A DISTANCE OF 12.65 FEET; THENCE NORTH 00°21'30"WEST, A DISTANCE OF 102.57 FEET; THENCE NORTH 49°23'09" EAST, A DISTANCE OF 32.27 FEET; THENCE NORTH 71°51'37" EAST, A DISTANCE OF 68.43 FEET; THENCE SOUTH 89°49'53" EAST, A DISTANCE OF 9.17 FEET; THENCE SOUTH 00°30'39"WEST, A DISTANCE OF 129.22 FEET TO A POINT ON THE SOUTH LINE OF SAID NORTHWEST ONE-QUARTER OF SAID SECTION 8; THENCE SOUTH 89°30'00" EAST, ALONG SAID SOUTH LINE, A DISTANCE OF 29.74 FEET; THENCE SOUTH 00°20'32"WEST, A DISTANCE OF 242.06 FEET TO THE NORTH RIGHT-OF-WAY OF CYNTHIA DRIVE, HAVING A HALF WIDTH OF 25.00 FEET; THENCE NORTH 89°29'35"WEST, ALONG SAID RIGHT-OF-WAY, A DISTANCE OF 764.45 FEET TO THE SOUTHEAST CORNER OF LOT 13, TRACT 6003, AS SHOWN IN BOOK 220 OF MISCELLANEOUS MAPS, PAGES 49 AND 50, RECORDS OF ORANGE COUNTY; THENCE NORTH 00°19'03" EAST, ALONG THE EAST LINE OF SAID TRACT 6003, A DISTANCE OF 241.97 FEET TO THE POINT OF BEGINNING. CONTAINING APPROXIMATELY 6.18 ACRES REFER TO EXHIBIT"A-2"ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF THIS LEGAL DESCRIPTION WAS PREPARED BY ME �DLAND SUS 6 0 * EXP.12/31/19 A No. 8244 DAVID B. WARREN, LS 8244 DATE OF CAS\F EXHIBIT "A-2" 7r w SCALE:1"=120' - - S89041'12"E 15.00' CRAWL 56 uo ON cc —bol Boo I 1 0 � 1 1 """ {,(c c' N19 oa o N88"22'19"E N83"`� E 66.31' 128.75' 129.40 V I � � I cc w o a _N M S89049'53"E 9.17' � . $ N71051'37"E 68.43' o�Z co N49"23'09"E 32.27' Lu THE SOUTH LINE OF THE NW 1/4 c00 OF SECTION 8,T6S,R10W,SBM v N o � N P.O.B. � Lo � O v�N CV CoN O Cn O -- ------------- __-------- �� S49"10'206W 10.62' N60021'16wW 12.65' S00"08'52"W 26.61' N23022'18"E rn S89051'080E 154.67' S89048121"E 50.91' N N8905648"E 48.67' 77.21' N ��ku S55035'10"E 11.60' N60"57'47"E 10.25' N �QCM O ® O in c o O _O N g Z OO E N N89029'35"W 764A5' CYNTHIA DRIVE CONTAINING APPROXIMATELY 6.18 ACRES Sv THIS PLAT WAS PREPARED BY ME �5�p5.wq,Q�L�� * EXP.12/31/19 No.8244 OF CA��FO�` DAVID B.WARREN,LS 8244 DATE EXHIBIT "B-1" LEGAL DESCRIPTION OF LEBARD PARK THAT PORTION OF THE WEST ONE-HALF OF SECTION 8, TOWNSHIP 6 SOUTH, RANGE 10 WEST, IN THE RANCHO LAS BOLSAS, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 69, TRACT 6003, AS SHOWN IN BOOK 220 OF MISCELLANEOUS MAPS, PAGES 49 AND 50, RECORDS OF ORANGE COUNTY, SAID POINT ALSO BEING ON THE NORTHWESTERLY LINE OF THE SOUTHERN CALIFORNIA EDISON RIGHT-OF- WAY; THENCE NORTH 14°15'40" EAST, ALONG SAID RIGHT-OF-WAY, A DISTANCE OF 380.97 FEET TO THE SOUTHEASTERLY CORNER OF LOT 26, TRACT 5192, AS SHOWN IN BOOK 218 OF MISCELLANEOUS MAPS, PAGES 41 THROUGH 44, INCLUSIVE, RECORDS OF ORANGE COUNTY; THENCE NORTH 75°36'29"WEST, A DISTANCE OF 53.37 FEET; THENCE NORTH 67°37'17"WEST, A DISTANCE OF 48.46 FEET TO A POINT ON THE SOUTHEASTERLY RIGHT-OF-WAY OF WARWICK DRIVE AND RAVENWOOD LANE, SAID POINT BEING THE BEGINNING OF A NON- TANGENT CURVE CONCAVE TO THE NORTHWEST AND HAVING A RADIUS OF 70.00 FEET, A RADIAL LINE FROM SAID POINT BEARS NORTH 47055'29"WEST; THENCE SOUTHWESTERLY ALONG SAID CURVE AND RIGHT-OF-WAY, AN ARC DISTANCE OF 71.03 FEET, THROUGH A CENTRAL ANGLE OF 58°08'16"; THENCE NORTH 7 9°47'13"WEST, ALONG SAID RIGHT-OF-WAY, A DISTANCE OF 50.00 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE SOUTH AND HAVING A RADIUS OF 40.00 FEET; THENCE WESTERLY ALONG SAID CURVE, AN ARC DISTANCE OF 6.77 FEET, THROUGH A CENTRAL ANGLE OF 9042'08" TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF WARWICK DRIVE, HAVING A HALF WIDTH OF 30.00 FEET; THENCE NORTH 89029'21"WEST, ALONG SAID RIGHT-OF-WAY, A DISTANCE OF 112.25 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 80.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE, AN ARC DISTANCE OF 125.66 FEET, THROUGH A CENTRAL ANGLE OF 90000'00" TO A POINT OF CUSP, SAID POINT BEING ON THE WESTERLY RIGHT-OF-WAY OF CRAIMER LANE, HAVING A HALF WIDTH OF 30.00 FEET; THENCE SOUTH 00°30'39"WEST, A DISTANCE OF 200.32 FEET TO THE SOUTHERLY LINE OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 8; THENCE SOUTH 89°30'00" EAST, ALONG SAID NORTH LINE, A DISTANCE OF 29.74 FEET; THENCE SOUTH 00°20'32"WEST, A DISTANCE OF 242.06 FEET TO THE NORTHERLY RIGHT-OF-WAY OF CYNTHIA DRIVE, HAVING A HALF WIDTH OF 25.00 FEET; THENCE SOUTH 89°29'35" EAST, ALONG SAID RIGHT-OF-WAY, A DISTANCE OF 89.44 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 80.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE AND RIGHT-OF-WAY, AN ARC DISTANCE OF 65.02 FEET, THROUGH A CENTRAL ANGLE OF 46034'03"TO THE NORTHWEST CORNER OF SAID LOT 69; THENCE SOUTH 89°29'35" EAST, ALONG THE NORTH LINE OF SAID LOT 69, A DISTANCE OF 140.68 FEET TO THE POINT OF BEGINNING. CONTAINING APPROXIMATELY 3.01 ACRES REFER TO EXHIBIT"B-2"ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF THIS LEGAL DESCRIPTION WAS PREPARED BY ME �QLAND g�� �Z0 * EXP.12/31/19 �7iI�11� Nj No. 8244 �Q DAVID B. WARREN, LS 8244 DATE 9�F OF \Fp�� CA�- EXHIBIT 1113-2" RVE s'5o%5 Ta SCALE:1"=120' 30 Z O� CURVE TABLE CURVE RADIUS DELTA LENGTH TANGENT IU Z Cl 70.00' 58°08'16" 71.03' 38.91' 30' 1 L p - C2 40.00' 9042'08" 6.77' 3.39' �° ¢ C3 80.00' 90000'00" 125.66' 80.00' C4 80.00' 46034'03" 65.02' 34.43' cm WARWICK DRIVE v' C2 N89029'21°W G1 " 112.25' rn o N 79*47'130 W 50.00' cp o N 67037'17"W 48.46' S89030'00"E 29.74' N 75036'29"W 53.37' --------------------------------- THE SOUTH LINE OF THE NW 1/4 v^, zo OF SECTION 8,T6S,R10W,SBM o cd O a (� A M d c 2 pN O ro `o P.O.B. N S89029'35"E 89AN S8902935"E 140,68' CYNTHIA DRIVE —� CONTAINING APPROXIMATELY 3.01 ACRES TUCT NO.6003 MA 220 49-50 -- THIS PLAT WAS PREPARED BY ME 0pND13. SU * EXP.12/31/19 No.8244 DAVID B.WARREN,LS 8244 DATE 9�F OF CAL EXHIBIT "C-1" LEGAL DESCRIPTION OF RESIDENTIAL PROPERTY THAT PORTION OF THE WEST ONE-HALF OF SECTION 8, TOWNSHIP 6 SOUTH, RANGE 10 WEST, IN THE RANCHO LAS BOLSAS, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF LOT 57, TRACT 5128, AS SHOWN IN BOOK 211 OF MISCELLANEOUS MAPS, PAGES 23 THROUGH 26, INCLUSIVE, RECORDS OF ORANGE COUNTY; THENCE NORTH 79'08'11" EAST, ALONG THE SOUTHERLY LINE OF LOTS 57 AND 56 OF SAID TRACT 5128, A DISTANCE OF 66.31 FEET TO A POINT IN THE SOUTHERLY LINE OF SAID LOT 56, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; THENCE SOUTH 00°13'46" WEST, A DISTANCE OF 336.03 FEET; THENCE SOUTH 49°10'20"WEST, A DISTANCE OF 10.62 FEET; THENCE SOUTH 00`08'52"WEST, A DISTANCE OF 26.61 FEET; THENCE NORTH 89°56148" EAST A DISTANCE OF 48.67 FEET; THENCE SOUTH 55°35'10" EAST, A DISTANCE OF 11.60 FEET; THENCE SOUTH 89°51'08" EAST, A DISTANCE OF 154.67 FEET; THENCE NORTH 60°57'47" EAST, A DISTANCE OF 10.25 FEET; THENCE SOUTH 89048'21" EAST, A DISTANCE OF 77.21 FEET; THENCE NORTH 23022'18" EAST, A DISTANCE OF 50.91 FEET; THENCE NORTH 60°21'16"WEST, A DISTANCE OF 12.65 FEET; THENCE NORTH 00021'30"WEST, A DISTANCE OF 102.57 FEET; THENCE 49023'09" EAST, A DISTANCE OF 32.27 FEET; THENCE NORTH 71°51'37" EAST, A DISTANCE OF 68.43 FEET; THENCE SOUTH 89049'53" EAST, A DISTANCE OF 9.17 FEET; THENCE NORTH 00030'39" EAST. A DISTANCE OF 76.10 FEET TO A POINT ON THE WESTERLY RIGHT-OF- WAY OF CRAILET LANE, HAVING A HALF WIDTH OF 30.00 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE EAST AND HAVING A RADIUS OF 820.00 FEET; THENCE NORTHERLY ALONG SAID CURVE AND RIGHT-OF-WAY, AN ARC DISTANCE OF 214.10 FEET, THROUGH A CENTRAL ANGLE OF 14°57'36"TO THE SOUTHEAST CORNER OF LOT 50 OF SAID TRACT 5128, A RADIAL LINE FROM SAID POINT BEARS SOUTH 74°31'44" EAST; THENCE SOUTH 77°47'56"WEST ALONG THE SOUTHERLY LINE OF LOTS 50 AND 51 OF SAID TRACT 5128, A DISTANCE OF 122.81 FEET TO THE SOUTHWEST CORNER OF SAID LOT 51; THENCE SOUTH 71°08'48"WEST, ALONG THE SOUTHERLY LINE OF LOTS 52 AND 53 OF SAID TRACT 5128, A DISTANCE OF 127.38 FEET TO THE SOUTHWEST CORNER OF SAID LOT 53; THENCE SOUTH 74°30'17"WEST, ALONG THE SOUTHERLY LINE OF LOTS 54 AND 55, A DISTANCE OF 129.41 FEET TO THE SOUTHWEST CORNER OF SAID LOT 55; THENCE SOUTH 79'08'11"WEST, ALONG THE SOUTHERLY LINE OF LOT 56 OF SAID TRACT 5128, A DISTANCE OF 63.09 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING APPROXIMATELY 3.53 ACRES REFER TO EXHIBIT"C-2"ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF THIS LEGAL DESCRIPTION WAS PREPARED BY ME Vp ND SCR -A EXP.12/31/19 DAVID B. WARREN, LS 8244 DATE N� No. 8244 9TF 0 F Cps\�OQ- EXHIBIT "C-2" / S74°3 I44"�O l SCALE:1"=120' WILE I� S1q°30'11"W 12 3 IT 041' R=820.00' W °Og'11" 2g.A1� A=14°57'36" IW Niy 0 311 63.09' L=214.10' T=107.66' I� --- P.O.C. T.P.O.B. U � 30'� o N00030'39"E 76.10' - m S89049'53"E 9.17' N71051'37"E 68.43' co m N49023'09"E 32.27' THE SOUTH LINE OF THE NW 1/4 c OF SECTION 8,T6S,R10W,SBM CD gra r� N CV ° O O � S49010'20"W 10.62' N60°21'16"W 141' S00008'52"W 26.61' S89°51'08"E 154.67' S89°4N23022'18"E 77. 50.91, N89°56'48"E 48.67' E 10.25' S55035'10"E 11.60' g a CYNTHIA DRIVE CONTAINING APPROXIMATELY 3.53 ACRES �p\,NND SCR THIS PLAT WAS PREPARED BY ME U�o��p 6 wq,Q LSO * EXP.12/31/19 No. OFCALIF�� DAVID B.WARREN,LS 8244 DATE OF SHEETED LOT 3SHEETS TRACT N O. 17801 NUMBERED LOTS:16 NOTE: LETTERER LOTS: SEE SHEET 1 FOR MONUMENT NOTES.LEGEND.REFERENCES, GROSS AREA.03 ACRES BASIS OF BEARINGS,DATUM STATEMENT AND LETTERED LOT NET AREA=12.03 AC ACRES IN THE CITY OF HUNTINGTON BEACH, S DATE OF SURVEY:OCTOBER 01.2016 COUNTY OF ORANGE,STATE OF CALIFORNIA USAGE SHEET FOR LOT DETAILS OF TENTATIVE TRACT NO 17MI OCTOBER 01,2016 SEE HIGH DESERT MAPPING DAVID B.WARREN,L.S.8244 SCALE:T-BD PROCEDURE OF SURVEY FO,RR SPIKE INCH TRACT MU.5126 AT AACT-M / PER THE TIES FOR TRACT 5192. FD.PNd WASHER'LS 561 T' 11ft1291/233661i1216/d1.44 FILED AS CITY TIE NIT 6453 PER M2W2-0349 DOWN 0.10 FLUSH TO FINISHED SURFACEt DRIVE L3 - --HIT•71DJ FO.PK b WASHER,TS 5411- 00.P\�E Cl Cps- /ql_TY FD.LEA➢d TACK PER CR 2NIZ-ON8 \` K IN TOP OF CURB PEP. FLUSH TO FINISHED SURFACE �[ FD.RR SPIKE W/PUNCH MARK CITY TIE NO.6854 _ _ R=20 M' PER THE TIES FOR TRACT 51 N. FD.Y I.P.WITH BRASS TAG(NOT STAMPER), FD.PK d WASHER,LS 5/11' __ _L_ FILED AS CITY TIE NO.6153 REC=Jd.fiS'.`/-Jd fiT IN CONC..PER CR 2007-17U PER CR 2002A)17 1 t1121-26 STyS DOWN0A6 CYNTHIA DOWN 1.61NWELL MONUMENT ,-RUSH TO FINISHED SURFACE :N \ 51 53 _ ,My / DRIVE ROAMS OCSGPS STA.NO.5028 _ - �• ' AVE. N2192516ADE6013M1.M CRAILE7 DRIVE _- \ P'"' "' a f# POCN 2007.00 N89'dl'1YW 172.61'II]2551 i - _---_ \Pc+�m 5'� \ .gT56'E 1�"B1 - Q SET BY PRORATION M.LEAD b TACK 'J R=HI.DV A Izeu lln.s57 10.60'(10.60'1-- YOMppSS RULETNOTMIFWNO�\,,,4A. \ \ NTT 1A121b1_ ,` ALONG STREET RAY IN TOP Of CURB PER 4 9B.9T 198.95] EST UE0.E`-A VI\ \ � qgE VI3z � PERMM218/41d4EMM211R126 _ CIP7TIEN0.6854 I NUMENtSW I 5116, \ 54 \ Nl\�L2T? LOT C c'Y' NI4'Ji<Syy3jV017• ' DETAIL"A" BY PRORATION $ I Nt11 ®. 1 \ '� A'6gA �� B41 SF Jd (Rl"_ �}#��- 3/? @1 \ V., W u7 SCALE I'=m' PER MM 211T11M� - I \ 56 Tgytl yr'( ) 3 FIT NAIL HOLE b WASHER IMPRINT = w� (TRACT I So 57 I 1 11 \\ 2 _ w IN PAVEMENT,IN LIEU OF PKB WAS HER 61 A- I - I 12_D I 3 c ACCEPTER AB 4 TpC9NC 20T0 2-0N3p5t.5192 c'7 214N 963 8 .44 6 S 00l%� T1 142, N84'2TI9W LqI y O x ti ----�__� N88'7T19'E 72675 EST PER INST.NO, 6 C\pOEE 2016000g55617,0 R. F0.RR.SPIKE WNUNCH MARN 2 / O ' ;� ^ SET BY RECORD DISTANCE PER MM .A V\ONTOot E 1 PE p AS CITY TIRE N0.CT'193 C� \N82'2_0�59_E�R).`y Fp.PN b WA6HER'LS Slit' / 211/2126 FROM NORTH HELD PARALLEL m PER CR 2002-03% / WITHWEST LINE - �g ( Z99\BS LOTB DOWN0.W I < 75 FLU6M TO FINISHED SURFACE _ 6 WIDE GTE EASEMENT FOR 97 �° 9045E P 62 1 27 _SB2'p'�_ - ESTABLISHED ALONG R W8' / W FD R SPINE .NCH MARN F COMMUNICATK)N PORPO 5 PER 7 ��p 15 25IR) �/ PAY CURVE PER / Y� PER TIES FOR TRACT 512B, O INST.N0.82297455.0R 6P 6. ]8 t6 N C? WAR WICK DRIVE MM 21URVE O FILER AB CITY TIE N0.6d31 65 g T"' •5® 14 516.10'6 NIT9'29'21W 21006'l(MW)) - ZJ / 7 uj DOWNDA5 Y tY U F 1(112.18'Ila ( 7A TV 13 Ft N09•M4t W u2.25 Ln Ge > SEE SURVEYOR'S NOTES FOR N W I/4 CDR.,SEGO IE CL 10 WIDE EASEMENT FOR UNDERGROUND b B R FD.KRONEN RR SPIKE L6 ( C'6 / METHOD OF ESTABLISHMENT FD.2.1 P.WITH BRASS TAG(NOT STAMPED), p� BONiROLCABLES RECORDED JUNE 17.INS IN t' Y Lt]w ACCEPTEDBROKE PER THE TIES FOR TRACT 5192, / O IN CONC.,PER CR M1S2511 \ BOOK 1860,PAGE 509.O.R.2 - 2n Iw ,,7^ SEARCHED,NOTHING FOUND i DOWN 0.91N WELL MONUMENT 0 $ 16 S, nr2n FILED AS LItt TIER NO.6d56 /`>3'2y ES T BY RECORD DISTANCE / OCS GPS STA,NO.W27 N 2189668.16.E 5043217.05400,265 SF P ,�=� DOWN 9 M FROM SOUTH PER MM 21W41 EPOCH 2O0700 9 -- 12 9.19 AC 8 I- FO.B.S.SPIKE WIPUNCH MARK O N0970T1pW 750' PER THE TIES FOR TRACT SIN. ` v _ \ OAS CITY TIE NO NSS SOUIHERLYLINE SEARCHED,NOHING FOUND / � N- N89'30TMIV2 t0B6.7T(11086d1' ---moo II SFN DOWNO WN. m OF LOT 26,TRACT 51 - ESTBYINTERSECTI%NPER / g? � �.- UL MM 2NVN9-50 / Ag ._ --_-X1.95'(W.9F)IJ5195T -_--- o _ -_V�CCE ]w.56176d5zj__ _-_10 _-_- -�__.-_-- 8 _- \'_'�I -_J8N 03'IDe4/111_-LL -__ _ ___.-______ 11 l20 I(' J5429'DS/l/) 105.Jz It o.J11 SEA RCHED,NOTHINGFOUHD- t l21 29.]q'(29.7f N89'30'005Y 1692.6T LMM' 16925 w w SET BY PRORATION a N B9 d610 W 2300' LOT A - - ( 11 W a- /� I FO Y IP,...EO'ORANGE ALONG EAST-WEST LINE 11 N - US '��'As g p� --- � w� /_ " PER MIN 22W4950 g N 89'5648'E 5.09 L30 13.501 SF U1 .21 1 SFN,ESTABLISHEO� J a n o A p� / COUNI`7 SURVEYOR',PER RS CL 8'W DE FJSEMEN7 FOR--- 9 77. 2 BY IMERSECTION ELECTRICAL PURFOSES PER �mO `_,, e_ 901151,nSB 1'i41 17, N89'51 T10'W 154.6T UI51.67a- ;u DOWNC,75' i� �81 N89`4B71 W BK BB261772,O R/3 7C W114 O SECTION H LINE A IDW $ --\� / py- Ae NW 1140E SECTITS 8.ASLP,RTRA A'l m1 N00'OB'SYE 5.00' "Ig nu wI e w m (RANCHO UB BOL6A5).PER TRACT 5128 jn �r SEARCHED,NOTHING FOUND WRA LINE LOT T0. 12 wiz i6 g l o EST BY INTERSECTION PER m TRACT 600].MIN 22(N0350 MM 22D'49 50 p a"' FD.PUNCHED COME SPIKE.OOVM O 2D of wiw t00,265 SF ---- - ACCEPTED AS SW CORNER OF'HOT A PART' ,mI IS 9,19 AC w i SEARCHED,NOTHING FOUND $z PARCEL PERMM 22011450,FITS POSITION PERTIES§j wIg SEE DETAIL'A' nl ESTABLISHED POSITION BY RECORD J ti FOR TflACT 6003,FILED A$LITY TIE N0.6651 Io SHOWN ON THIS SHEET--p' DISTANCE PER TRACT 6009,MM 22W49-50 /; 4 13 N 89'M'35'W 596T �z SFN POINT FITS REMAINING EXISTING p_. N00'36M'E f500' I N89'29'J5-W 85390' SFN ___ 7IE5 F00.TRACT fi003, ,4.p,�U / a ]�N5. FILER AS CITY TIE N0.6851 F0.LEAD 6 TACK LI' r•, / a IN TOP OF CURB PER j INS7 1157.08f 23S.� C Y N T H I A B1 16p 45' M 52' (DEDICATION)19,111 S.F.DRIVE - C9` N89-29'35YN 140SIR J O CITY TIE NO.6850 89.JT)B9JT� - 140.68' I A N 89'2975'W 1011.73(1011.ITJ „� A ---- rn SEMCHEO,NOTHING FOUND INTERSECTION FO.PUNCHED CUT SPIKE.00WN025' 4,. /o--ESTABl15HED LINE BY THE ] FD.PUNCHED DOME SPIKE,DOWN 020 \` -`-- ACCEPTEDASCLINTERBELTION, ACCEPTED AS SE CORNER OF'NOTA PART' '�+@.='�� I � /tea EABTERLYE%TENSION OF THE/ FITS POSITION PER TIES TRdCT(48.6063,�.M. 226/4 6 PARCEL PER MM 72N1950,FITS PoSIRON PER TIES s�Q=� /pj CENTERLINE OF CYNMIA FOR TRACT 8003,FILED AS Oltt ilE N0.6&] FOR TRACT 6003,FILED AS CITY ilE N0.6853 �% z DRIVE,CALCp PER / Q S SURVEYOR'S BOUNDARY NOTES, sEARCHEo,NprgINGFoulrp /Qi MM220Id9-511 / wa REC-08d1',M�0.46 ESTABLISHED PER TIES FOR iPALT 6W3, - / / w REC=M2B'.M=262B' 1.BOUNDARY ARE NO(DiSTICVVEB RDSTING VISIBLE IMPROVEMENTS PNO THE EXTERIOR ].EXISTING MONUMENTA710N WAS SEARCHER FOR ALONG THE EASTERLY LINES OF TRACT55192 ANO w ��zp V O REC.40' FILED AS CITY TIE N0.6850 ���/// -SEE DETAIL U' FOUNDARYBLICS STINCRVE BTIL(TYOFTHISENTS ALONG CYNTHI H RIVE ICEPF HOLD NGTHEECORD DISTANE OF125 LV BOUNDARY THE MOUMENTEASESTERUNEOL 7+m2 SHOWNONTHIS SHEET / a' fO.LEADbTACX �D M=29.40' BEINGOR EDICATESTREET AND IRILITY IMPROVEMENTS ALONG CYMHIn DRIVE WHICH IS LANE RECORD ANGENLEASUREENTIS 00 FEET SHOWN FROM NUMENTLEL UNT IBM OfT EAST FIT00 SPINE SHAFT,ACCEPTED PS INTERSECTION- /2 /x� / BEING DEDICATED HEREON. LwE,TRACT fiI]IU.THE ANGLE MEASUREMENT IS SHOWN FROM APAgALLEL LINE IBM FEEL EAST GOWN 025' c �O Ip1 / C70P OF CURB PER >W 2 POIM&ONG ME RAY WAS ESTABLISHED BY HOLDING RECORD ARC OISTANCE FROM THE OF THE FAST TRACT BOUNVARY AND THE S(Tl1TH LINE OF IHE NW IRA OF SECTION 0.THIS ANGLE /y� / CTtt RE N0.6650 SW CORNER OF LOT M.THE ANGLE POINT FOR THE TWO LINE SEGMENTS WAS DIFFERS ByB-N71-WITH THE RECORDED ANGLE SHOWN FOR TRACT 5128,THIS ANGLAAR - BEVER_LY DRIVE ESTABLISHED BY COMPASS RULE FROM THE POINT MENTIONED ABOVE AND RIVE SE DIFFERENCE MEETS THE NGS STANDARDS FOR THIRD ORDER,CLASS I ACCURACY. 4 / / / DETAIL CORNER OF LOT 26. I SCALE:i'=80' l 1if � 58 / raileC D rive ' C 65 } ss ' LOT 2 /LOT 1 1,, (( ca s7 60 '( U 1) I I I I 6i S. I Ss �� i �- w• LOT 3 - ia.5 LOT C U I ,r LOT . LOT 5 3 lu 13.3 it b1 1 `28 fj I , I O I 63 LOT 6 13.2 I� \S I}}... u ,• LOT 14 `LOT 15 \CID _____ /a_ W__ 1/IrIC{f Drive �v rl OM 0! . RESIDENTIAL _ ---- w - --- -- -- _ - `� r PARCEL 67 LD LOT 12 BG I 66 — ---�— I1 —LOT9— S,g O ( LOT 10�//jLff LOT 11 So / Y �9R u \ 6uuow��i i f 3 0. -- - �-I - BIL LOT 16 � ! � 61.Ena+Eas\ aE-i.o ,tv �_ LOCATIM !� � ��BFAOElS_;\�� ,-B�a� - CITY PARK a RECREATION I� ° 11 ° F1 / •-•— I.FAtl1EP5 / •� /jam` - tAj�} 11 13 PARCELBVLLYEN ��— Cynthia Drive ----- -- - --- -�` \\` 16 {37 i l'B (zo a1 I a2 I O ' �; ]3 241 26 j 26 Z6 - 3(? (! r rive LEBARD REDEVELOPMENT PROJECT 223 58 - — — 51 =— — — - -- SD1,58) Crailet Drive f54 \ ,53 5 9 52 1 � n nvs If 55) I/ I r ' 1 � VICINITY MAP I II o 56 III 58 1 - 6� 57 {-'. .J. ° LOT13.6 �601 / / t23 2 LOT 4- _, M1 6o sg 61 3 _LOT LOT C; r 1 in -„ ._M..,,l ,. L032 S —I 13 r ' IC APN 15515301 61 28 to al Description:Parcels 3 B 4 a portion of the _ f i IO 24 9 / _ - — J - j Norihwestona uarMrof 6edlon B,Township6 LOT 6 _ <+z - 7 _ q O k'0 III 13 seem,Range 0 west,sari samara no eaee and la z I, Menalan. i OWNER 54 T,' - ._ R � 25 Huntlngton Beach CRY sdubl Distnd 621 27 C LOT B,� - Huntington Beach,CA 92646 ' J um p - LOT 15 _ DIY I MAP PREPARER 07---LOT 13 514. I 13 6 - i� _- 308 land Hamilton Trail Inc. OT 30854 Hamilton Trail War]NrfJcDrive 26,'' r _ I LOT 7. as rt 13 I \ _ _- w. -so ow,.. I. Trabuco Canyon,CA 92679 65 r 949-888-9069 '1 I Imo. - ." Mark S.Anderson 1/ LOTIB - - —� - _ �;!fl d LOT _ LOT 12 Zip I I I I I � � II II III I (� I__ [ 127�- III 12.BI r r s �1--L1I Ll- I I G _ �11 NOTES: \ --- — Ee menl to U__ _ __-_ ' n 9.11,� 1.Number of lots:16 numbered 1 LOT 0 a � I r, —I LOLe 1 15 resltlanoal Pike,is 1 LM 16 Park O. Z.Ezishng zoning PubliU5eml Public(PS) _ 3 `1 rr ': O -, _ 3.Ex mg use Indudes:school etlminlst—n `12.7 12.7 I( _ `SCEasenle� — - '. u " $, - { i - and sports Folds II Iy rm 4.WIC mviCity af Hunbngmn Beach \j I Sewer cry of Huntington Beach - - � Gas Saumem Califorele Gas company np Soumem Ca fI EleRlifumW Edison ,o :• ^ .-� � _ ,, .-',' J Pm shown on r�1 "LOT 16 I _ �) 6 FIRM Map D605-2621n x li t r EASEMENTS: Iz _ An- - r l s eaeemonr mr—them Cb I m mddennal )7 J�,J Compan (lotted) cardomaEalean Company(plotted) PCCBR's recorded In Book 76 ,Page 794 den�ae na namar.. streams of water Book 3o,Page.7 A t f urpos�' - - • n easement or pipe line Pes;Bo 1107,Page 256(plotted) _ x _ streams of t lb r Beek re,Page,er ateril An ea—nt or prise gmand powe - - -- - cables W USA;Book 1060,Page 509(potted) �2h3 [wr -_ — --�ynthia Drive - - J - An easement ror nOhNas and lnddenpll -- -_' purposes to Southem Califomla Edison 1 Y Company;Beak 8070,Page 986(plotted) r 15 1 161 17_ ) '22' �24 - 26 ,2_7: 28 29; 23 _ F 2 , J I 7131_l�� �JJ -- '- f f Ol r/ / r Ias 44 > � J TTP1r—REST 014 xurmrucroxeEaw-rsaaa-rnsnacr � I MSA _+ TENTATIVE TRACT NO.1780 m,eswn rw,soaa..mre 1 I,J�L�J in he Oty Hunnngton Bem av� Co my of Orange,Califo . 4 City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov FFB 17L,1909�P� \ Office of the City Clerk Robin Estanislau, City Clerk March 7, 2019 Huntington Beach City School District Attn: Assistant Superintendent, Administrative Services 8750 Dorsett Drive Huntington Beach, CA 92646 Dear Sirs: Enclosed is a copy of the fully executed and recorded "Easement, Construction and Maintenance Agreement regarding Tract Map No. 17801" approved by the Huntington Beach City Council on February 4, 2019. Sincerely, 4�� e&4W&,&j Robin Estanislau, CIVIC City Clerk RE:ds Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand City of Huntington Beach g' 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachea.gov Office of the City Clerk Robin Estanislau, City Clerk March 7, 2019 HB Homes Management, LLC 9140 Trask Avenue, Suite 202 Garden Grove, CA 92606 Dear Sirs: Enclosed is a copy of the fully executed and recorded "Easement, Construction and Maintenance Agreement regarding Tract Map No. 17801" approved by the Huntington Beach City Council on February 4, 2019. Sincerely, Robin Estanislau, CIVIC City Clerk RE:ds Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand RECORDING REQUESTED BY: �' CITY OF HUNTINGTON BEACH f WHEN RECORDED MAIL TO: City Clerk City of Huntington Beach P.O. Box 190/2000 Main Street Huntington Beach, CA 92648 Fee exempt per Government Code § 6103 r SPACE ABOVE THIS LINE FOR RECORDER'S USE .r f EASEMENT, CONSTRUCTION AND MNTENANCE AGREEMENT REGARDING TRAC;I`MAP NO. 17801 This Easement And Maintenance/Agreement Regarding Tract Map No. 17801 (the "Agreement") is made and entered into ,on this day of , 2019, by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation(the "City"), the HUNTINGTON BEACH ELEMBI TARY SCHOOL DISTRICT, a California public school district (the "District") and HB 1-10�4ES MANAGEMENT, LLC a California Limited Liability Company("Declarant"). �,� r� RECITALS A. As of the date%of this Agreement,the District is the owner of youth sports fields on the former LeBard Elemenfary School Site comprising approximately 6.6 acres,more particularly described in the legal description attached as Exhibits A-1 and A-2,and which will be referred to as the"Recreational P,ifoperty." B. As of the date of this Agreement, the City is the owner of LeBard Park,consisting of two legal parcels comprising approximately three(3) acres,more particularly described in the legal description attached hereto as Exhibits B-1 and B-2 and,which will be referred to as"LeBard Park." t C. As of the date of this Agreement, Declarant is the owner of a parcel purchased from the istrict comprising 3.2 acres,more particularly described in the legal description attached hereto a- Exhibits C-1 and C-2, and which will be referred to as the"Residential Subdivision." D. The City and District have entered into the"Agreement for Acquisition and Escrow Ins"uctions," dated December 8,2015,by which the City has agreed to purchase the Recreational Property from the District(the "Acquisition Agreement"). E. On June 10, 2015, the Planning Commission of the City approved the District's r� application for General Plan Amendment No. 12-002/ Zoning Map Amendment No. 12-001/ 1 18-6574/191190/SFF kA Conditional Use Permit No. 12-039/Tentative Tract Map No. 17801/Mitigated Negative Declaration No. 12-008/Variance No. 2015-001 to allow the development of a 15-lot Residential Subdivision, and City acquisition of the Recreational Property. These approvals shall bee- ferred to as the "Entitlements." Page 3 of Final Tract Map No. 17801 is attached as Exhibit D F. Tract Map No. 17801 comprises the Residential Subdivision (Lots,"I through 15 and lettered Lots A through C of Tentative Tract Map No. 17801), the Recreational Property and LeBard Park. Upon recordation of Final Tract Map No. 17801, the Recreational Property and LeBard Park will be merged into Lot 16 of Final Tract Map No. 17801. }, G. Mitigation Measure 18 of the Entitlements provides that-/ "In compliance with the WQMP [Water Quality Managgrient Plan] for the LeBard Elementary School site, a detention basin and a flow-based vegetated swale shall be incorporated into the design of the proposed project andshown in the Final Tentative Tract Map. All design parameters outlined in the WQMP shall be implemented in the design and construction of the detention basin and flow-b4�ed vegetated swale. All operational requirements such as inspections and maintenance activities established in the WQMP for LeBard Elementary School Site shall be implemented during the operational phase of the proposed project." H. Condition of Approval 6(a)(ii) f he Entitlements provides that prior to recordation of the Final Map for Tract 17801: "The [future] Homeowner's Association (HOA) shall execute a Landscape Maintenance Agreement with the City that the'`HOA shall be responsible for the continuing maintenance and liability of all landscapipg', irrigation, water quality and drainage features associated with the proposed water quality basin (adjacent to the City Park and indicated as Lot "A" on Tract Map 17801). The Agreement shall describe all aspects of maintenance such as removal of trash, debris"and silt buildup, removal and replacement of dead/damaged lawn (and any other plantings) resulting from the operation of the basin and any other aspects of maintenance that ape warranted by the improvements. The agreement shall state that the HOA shall be re ponsible for all costs associated with maintenance, repair,,replacement, liability, and feesimposed by the City. The Landscape Maintenance Agreement shall be referenced int�e CC&R's." I. Tho ' Detention Basin and Flow-Based Vegetated Swale referenced above are depicted on Exhibit D as lettered Lot A and Easement B, respectively. J. Following recordation of Final Tract Map 17801, Declarant shall be required to create a homeowners association("HOA")in compliance with the Davis-Stirling Common Interest Develop ent Act, commencing with California Civil Code Section 4000. The.HOA is the succes ©r to and assignee of the rights, and obligations of Declarant under this Agreement, inclining but not limited to maintaining not only the common areas within the Residential Subdivision, but also the Detention Basin (lettered Lot A of Tract Map 17801, the "Detention Basin") and the Flow-Based Vegetated Swale (Easement B of Tract Map 17801, the "Swale"). 2 18-6574/191190/SFF K. This Agreement sets forth the terms and conditions for the implementation`of certain conditions of approval of the Entitlements and the Acquisition Agreement. Compliance of Declarant with the Entitlements and the Acquisition Agreement is in the vital and best interests of City and the welfare of its residents, and in accordance with the public purposes and provisions of applicable federal, state, and local laws and requirements. ' L. Prior to recordation of Final Map No. 17801, Declarant shall prepare, and the City Engineer shall approve Improvement Plans and Water Quality Management Plans for the completion of certain public and private improvements in connection with,,the Entitlements. The Improvement Plans are on file in the Office of the City Engineer and are incorporated into this Agreement by this reference. All references in this Agreement to the Improvement Plans include by reference any standard specifications for the construction and installation of improvements as approved by the City Engineer in effect on the date of approval of°the Tract 17801 Approvals. M. The Entitlements provide that Declarant shall',,dedicate to the City a public street easement for Lightbreeze Circle. Prior to dedication, City requires Declarant to install street improvements for Lightbreeze Circle pursuant to the City,,' proved Improvement Plans. As part of the Improvements Plans, there shall be a landscaped'/parkway with irrigation lines and other improvements within the public street easement ("Landscaped Parkway"). Tract Map Condition of Approval No. 6(a)(i) requires that the HOA shall irrigate, maintain, repair and replace the Landscaped Parkway, as well as lettered Lots A (the Detention Basin), B and C of Tract 17801, all of which shall be owned by the HOA. Said maintenance shall include but not be limited to removal of trash and debris, removal and replacement of dead/damaged lawn and plantings, and following Best Management Practices for maintenance of the Landscaped Parkway and lettered Lots A, B and C. The HOA shall main t the Landscaped Parkway and lettered Lots A, B and C in perpetuity. ` N. The Entitlements, at Condition of Approval 6(a)(ii) of Tract 17801, and Mitigation Condition No. 18, require that the'Detention Basin shall be installed on lettered Lot A and the Swale on Easement B of Tract 11i1801 in compliance with the Improvement Plans and the Water Quality Management Plan. The Detention Basin and Swale shall serve as a landscaped drainage area and water detention basin for Lots 1-15, and lettered Lots B and C. The HOA shall irrigate and maintain the landscaping of the Detention Basin and the Swale consistent with the City Improvement Plans. Sa ld'maintenance shall include,but not be limited to,removal of trash,debris and silt buildup,removal and replacement of dead/damage lawn and plantings, and following Best Management Practices for maintenance of the Detention Basin and Swale. The HOA shall maintain the Swale/ d Detention Basin in perpetuity. O. Tract Map Condition of Approval Section 6(a)(ii) of the Entitlements require pursuant to thi Agreement, Declarant has granted the City an easement across lettered Lot A for public,recreational, open space,park,and other uses appurtenant or incident thereto for the benefit of the Recr ational Property. P, As of the date of this Agreement, the District is the owner of the Recreational Prope �, including Easement B, and Declarant is the owner of lettered Lot A, as depicted on Tract 1780 The Entitlements require that Declarant construct, and the HOA maintain the Swale and the Detention Basin in compliance with the Improvement Plans and the Water Quality nagement Plan (the "WQMP"), which are on file in the Office of the City Engineer and are 3 18-6574/191190/SFF incorporated into the Agreement by this reference. Pursuant to the Entitlements, the,City grants Declarant, and its successor, the HOA, a drainage easement over Easement B. Y Q. Pursuant to the Acquisition Agreement,Declarant shall construction the Residential Parcel, the Recreational Property and LeBard Park the following improvements: (1) Public Right-of-Way Improvements: (a) Grading and construction of street improvements toCraimer Lane and Warwick Drive adjacent to the Residential and Recreational Properties. Improvements to half section of a portion of Craimer Lane and Warwick Drive to include the curb and gutter which will be removed and replaced. These improvements include the entry returns, sewer.-and water laterals for the Residential Property and a new driveway into the City Park parking lot, sewer and water laterals and new landscaped parkways with curb separated sidewalks 0.4 acres). Installation of"under walk drains" on Cynthia Drive. (2) Recreational Property Improvements: (a) Construction of proposed landscape planter and water quality basin (0.5 acres) on the Residential Subdivision; 1 (b) Construction of restroom/concession/storage building (1,500 sf) (the "Multi- Purpose Building")1,in support of use of sports fields on Recreational Property; (c) Construction of paved area surrounding the Multi-Purpose Building (+/- 2,500 sf) on Recreational Property; i (d) Construction of a portion of proposed parking lot (+/- 450 sf) on Recreational Property; (e) Cons, ction of proposed drainage Swale (+/- 0.3 acres) on Recreational Property; r (f) ¢elocation of bullpen (+/- 1,000 sf) on Recreational Property; (g) Construction of a portion of water quality basin and swale (+/- 350 sf) on Recreational Property; and, /(h) Re lacement and a rade of the existin walkwa s within the sport field p upgrade g Y areas to ADA accessible walkways and the relocation of bleachers (+/- 0 5 acres) on Recreational Property ONLY during the August through February off-season for the Sea View Little League when the sports fields are not being used. (3 ) LeBard Park Improvements: 4 18-6574/191190/SFF (a) The existing LeBard Park parking lot will be removed, replaced„and restriped to provide the appropriate ADA accessible parking spaces and to surface drain 41 to the water quality basin being constructed by the Residential Buyer in accordance with Paragraph(1)(a) above (+/- 0.4 acres); `.' (b) Grading and construction of ADA walkways and landscape improvements to the existing LeBard Park (+/- 0.4 acres): and, (c) Grading and construction of a water quality basin and swale to treat run-off from the LeBard Park parking lot (+/- 0.1 acres). P NOW, THEREFORE, in consideration of the above Recitals, which are incorporated herein by this reference, and of the mutual covenants hereinafter contained and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. Purpose. The purpose of this Agrre'ement is as follows: a. To require that Declarant constructs pursuant to the Improvement Plans on file with the City,the Detention Basin and the''Swale prior to issuance of the first grading permit for the Residential Subdivision. ' b. To require that Declara t construct, pursuant to the approved Improvement Plans on file with the City, the Public Right-of-Way Improvements, the Recreational Property Improvements and the LeBard Park Improvements identified in Recital Q prior to construction of any residential unit of the Residential Subdivision. y C. To require that Declarant, and its successor in interest, the HOA, irrigates, maintains, repairs and replaces the Detention Basin, the Swale, and the Landscaped Parkway in perpetuity. rr ;j d. To require that Declarant grant the City an easement across lettered Lot A of Tract Map 178011,for public, recreational, open space, park, and other uses appurtenant or incident thereto for the benefit of the Recreational Property. e. TTo require City grant Declarant, and its successor, HOA, Easement B across the Recreational Property, as depicted on Final Tract Map No. 17801. r f. . To allow merger of the Recreational Property and LeBard Park into a single Lot 16 upon recordation of Final Tract Map No. 17801. Upon recordation of Final Tract Map No. /17801, the City and the District will take joint title to Lot 16. The Acquisition Agreement fprovides that escrow will close on the conveyance of the Recreational Property to the City upon (i) Declarant completing installation of the Public Right-of-Way Improvements, the Recreational Property Improvements and the LeBard Park Improvements, and (ii) prior to Declarant obtaining issuance of the first building permit for any residential unit of the Residential Subdivision. Consequently, upon the Declarant completing said 5 18-6574/191190/SFF Improvements, escrow on the Acquisition Agreement shall close and the School District shall convey to the City exclusive title to Lot 16 of Final Tract Map No. 17801. , "+ g. To require that Declarant provide certain disclosures to first time homebuyers in the Residential Subdivision, and that the HOA provide the same disclosures to all subsequent homebuyers. 2. Definitions. r y a. "Detention Basin" shall mean lettered Lot A of Tract Map 17801. b. "Improvement Plans" shall mean the City;approved plans on file with the Department of Public Works, including buts"not limited to, the Water Quality Management Plan, the Landscape Improvement Plans, the Sewer and Water Improvement Plans, the Baseball Facility Plan, the LeBard Park Parking Lot Improvement Plan, and Street Improvement Plans. C. "Land" shall mean collectively lettered Lots A through C of Tract Map 17801 (which includes the Detention Basin as letter Lot A),the Landscaped Parkway, and the Swale. r. d. "Landscaped Parkway" shall mean the landscaped and irrigated area abutting the sidewalk and street improvements for Lightbreeze Circle. The approved Improvement Plans for the Landscaped Parkway are on file with the City Department of Publi r c Works. e. "Swale" shall ;.mean the Flow-Based Vegetated Swale required under the Entitlements and comprising Easement B of Tract Map 17801. 3. Installatiowand Completion of Detention Basin Swale and Improvements Required Under Acquisition Agreement. In accordance with the Improvement Plans on file with the City, Declarant shall install,sthe Improvements as follows: a. The Detention Basin and the Swale shall be constructed, accepted by the City, and secured by a one-year guaranty and warranty bond prior to issuance of the first grading permit for the Residential Subdivision. b. I The Public Right-of-Way Improvements, the Recreational Property Improvements and the LeBard Park Improvements identified in Recital Q shall be constructed, accepted by the City, and secured by a one-year guaranty and warranty bond prior to issuance of the first building permit for any residential unit of the Residential Subdivision. A 4. Maintenance of the Land. Declarant agrees on behalf of itself and the HOA, to maintain the Landscaped Parkway, lettered lots A, B, and C, the Swale and the Detention Basin 6 18-6574/191190/SFF (collectively, the "Land") at its sole cost and expense in perpetuity. The Maintenance Standards for the Land shall include, but not be limited to: a. All Land shall be maintained in good and satisfactory condition, and in accordance with the applicable approved Improvement Plans and approved Water Quality Management Plan on file with the Public Works Department of the City. b. All Land shall be fertilized,cultivated,edged,and mowed regularly(at least bi-weekly). C. Dead or damaged lawn shall be reseeded or,replaced with sod. d. General planting and trimming or other corrective gardening as needed to maintain a healthy and natural appearance of the;Land shall be performed, including to ensure road visibility and irrigation coverage. e. The Land shall be free from weeds, debris and harmful insects at all times. Grass and plants shall be sprayed with both insecticides and herbicides as necessary. f. All trash, debris and silt buildup shall be removed from the Land on a weekly interval. g. The Land shall be kept in a clean, safe and attractive condition, taking into consideration normal growth of the landscape materials and a continuation of the aesthetic quality of the area. t h. Alfgardening and maintenance performed on the Land shall conform to the best maintenance practices and to the Arboricultural and Landscape Standards Specificationassued by the City's Department of Public Works. b� /`/' In all cases, the Detention Basin and the Swale shall be maintained in compliance with the applicable approved Water Quality Management Plan. j. The Detention Basin and Swale shall be cleaned and maintained to ensure they function to filter solids from water run-off. k. No changes, modifications or alterations may be made to any of the Land contrary to the Improvement Plans without the prior written consent of City. 7 18-6574/191190/SFF 10 1. In the event any damage is caused to any of the Land as a result of,age, normal wear, theft, vandalism or destruction by natural occurrence, Declarant an&HOA agree to repair same at their own expense. All repairs and replacement of amenities or finished surfaces such as repairing broken, cracked or lifted hard surfacing, shall be with the same materials and colors as originally approved and installed. All building permits, business licenses and other applicable permits and licenses shall be secured and paid for by Declarant or HOA. All repairs or replacement shall be completed promptly after receipt of written notice to repair by the City, and in any event within thirty business days after such notice. 5. Grant to City of Easement over the Detention Basin(lettered Lot A). Declarant and HOA hereby grant the City an easement for public, recreational, open space and park purposes, over and across lettered Lot A of Final Tract Map No. 17801. 6. Grant to Declarant and HOA of Drainage Easement over the Swale (Easement B). The City hereby grants Declarant and the HOA a drainage easement over and across "Easement B" depicted on Final Tract Map No. 17801, more particularly described in the legal description 7. Mechanics' Lien. Declarant and HOA agree not to suffer any mechanics' lien(s) to be filed against the City by reason of any work, labor, services or material performed at or furnished to the Swale. 8. Term. The term of this Agreement shall be perpetual. 9. Applicable Law. Declarant and HOA shall,at their sole cost and expense,faithfully observe in the use,maintenance and occupation of the land subject to this Agreement all municipal ordinances, and all state and federal statutes now in force and which may hereafter be in force, and shall fully comply, at its sole expense, with all regulations, orders, and other requirements issued or made pursuant to any such ordinances and statutes. All building permits, business licenses and other applicable permits and licenses shall be secured and paid for by Declarant and HOA. 10. Utilities. Declarant and HOA shall bear the expense of irrigation water, electricity and any other utility necessary to the maintenance of the Landscaped Parkway,the Detention Basin and the Swale pursuant to this Agreement. Declarant and HOA shall be solely responsible for using such utilities in a safe and hazard-less manner, complying in all respects with applicable codes and ordinances. 11. Covenants to Run With Land. All covenants in this Agreement shall pertain to and run with therland for the benefit of the City and its real property,the Recreational Property,LeBard Park, and ultimately Lot 16 when Final Tract Map No. 17801 is recorded. :12. City Maintenance of Land. If Property Owner fails to meet the standard of maintenance necessary to keep the Land in a healthy condition, City will give written notice of the deficiency to Declarant and HOA who shall have 30 days to make the necessary correction. If the correction is not made within 30 days, City may elect to take the steps necessary to assure that the Land is maintained and cared for. To do this, City shall serve a notice of its intent to enter the 8 18-6574/191190/SFF <v" 4Y P Land for this purpose. City shall either personally serve the notice upon Declarant and HOA-'or mail a copy of it by certified mail to Declarant's and HOA's last known address, or as shown on the tax rolls, at least 15 days in advance of the date when it intends to enter the Land. ' 13. Maintenance Costs as Lien. If City incurs costs in restoring or maintaining the Land after following the procedure set forth in Section 11 above, City shall make'M demand upon Declarant and HOA for payment. If Declarant and HOA fail to pay the costs incurred by City within 30 days of the date demand is made, City may make the costs a lien upon the described real property by recording a notice that it has incurred expenses under the terms of this Agreement with the County Recorder of County. The notice shall state the fact that ,City has incurred the costs under the terms of this Agreement and shall state the amount,together"with the fact that it is unpaid and draws interest at the rate of seven percent(7%) per year until,-,paid. For this purpose, City may enter on the Land and perform such work as it considers reasonably necessary and proper to restore and maintain the landscaping. City may act either through"', hrough' its own employees or through an independent contractor. 14. Additional Remedies. City may, as an alternative to the lien procedure set forth above in Section 13, bring a legal action to collect the sums due as the result of the making of expenditures for restoration and maintenance oQhe Land. 15. Workers' Compensation Insurance. Pursuant to California Labor Code Section 1861, Declarant and HOA acknowledge'awareness of Section 3700 et seq. of said Code, which requires every employer to be insured against liability for workers' compensation. Declarant and HOA covenant that they will comply.-With such provisions prior to commencing performance of the work hereunder. ` rt� - `r Declarant and HOA shall maintain such Workers' Compensation Insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, and Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit, at all times incident hereto, in forms and underwritten by insurance companies reasonably satisfactory to City. Declarant and HOA/shall require all subcontractors to provide such workers' compensation f' insurance for all ofothe subcontractors' employees. Upon reasonable notice, City may increase the insurance limits do account for inflation over time. 16. _; Insurance. In addition to the Workers' Compensation Insurance and the covenant of Declarant and HOA to indemnify City, Declarant and HOA shall obtain and furnish to City, a policy of commercial general liability insurance, including motor vehicle coverage, covering all activities to be undertaken by Declarant and HOA concerning the Land. Said policy shall indemnify Declarant and HOA,their officers,agents and employees,while acting within the scope of.Aeir duties, against any and all claims of liability arising out of or in connection with all activities to be undertaken by Declarant and HOA concerning the Land, and shall provide coverage ,;in not less than the following amounts: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of$2,000,000 per occurrence. If coverage is provided under a form which includes a designated general 9 `� 18-6574/191190/SFF aggregate limit, the aggregate limit must be no less than $2,000,000. Said policy shall name City and its respective officers, and employees as Additional Insureds, and shall specifically provide that any other insurance which may be applicable to all activities to be undertaken by Declarant and HOA concerning the Land shall be deemed excess coverage and that the insurance of Declarant and HOA shall be primary. Upon reasonable notice, City may increase�tlie insurance limits to account for inflation over time. 17. Certificates of Insurance;Additional Insured Endorsements. At`all times,Declarant and HOA shall furnish to City certificates of insurance, subject to approval"of the City Attorney, evidencing the foregoing insurance coverages as required by this Agreement; said certificates shall: a. provide the name and policy number of each carriep nd policy; and b. shall state that the policy is currently in force; and'"�, C. shall promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice to City,, p The requirement for carrying the foregoing insurance coverages shall not derogate from the duty of Declarant and HOA to indemniVCity under this Agreement. City or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. Declarant and HOA shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. ,, r' 18. Indemnification and Hold Harmless. Declarant and HOA hereby agree to protect, defend, indemnify and hold and save harmless City, and its respective officers and employees against any and all liability, claims, judgments, costs and demands, however caused, including those resulting from death or injury to Declarant's and HOA's employees and damage to Declarant's and HOA's property,arising directly or indirectly out of the activities to be undertaken by Declarant and HOA pursuant�to this Agreement caused in whole or in part by any negligent act or omission of Declarant, the HOA, and their contractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence except where caused by the active negligence, sole negligence or willful misconduct of City. Declarant and HOA will conduct all defense at their sole cost and expense./ �E 19. Rules and Regulations. Declarant and HOA agree to obey and observe (and cause their officers, employees, contractors, invitees and all others doing business with Declarant and HOA to obey and observe) all rules and regulations of general applicability regarding the Land as may be established by City at any time and from time to time during the term of this Agreement. 20. Disclosures to Homebuyers Within Residential Subdivision. Declarant shall provideAhe following disclosure to first time buyers of homes in the Residential Subdivision, and that the HOA and individual home seller shall provide the same disclosure to all subsequent f home buyers: f' a. The buyer is aware that they are purchasing a home adjacent to sports/baseball fields and may be subject to errant fly balls on their property. b. Lightbreeze Circle is a public street, and available for public on-street parking. 10 18-6574/191190/SFF C. Lots 1 through 6 abutting single-family homes on Crailet Drive shall maintain 2011, foot rear yard setback. 21. Notices. Any notice or special instruments required to be given in writing under this Agreement shall be given either by personal delivery to Declarant (as designed;herein) or to City as the situation shall warrant, or by enclosing the same in a sealed envelope,postage prepaid, return receipt requested and depositing the same in the United States Postal Service, addressed as follows: ,, To City: To Declarant: Director of Public Works H&Eomes Management, LLC City of Huntington Beach 9.440 Trask Avenue, Suite 202 2000 Main Street 4'barden Grove, CA 92844 Huntington Beach CA 9264 fo 3 8 Arbusto To District: Y+M Irvine, CA 92606 Assistant Superintendent, Administrative Services ^'r Huntington Beach City School'` District 8750 Dorsett Drive, ' Huntington Beach, CA 92646 e" 22. Captions and Terms. The captions and section numbers appearing in the Agreement are for convenience"only and are not a part of the Agreement and do not in any way limit, amplify, define, construe or describe the scope of intent of the terms and provisions of this Agreement,,or in any way 4ffect this Agreement. 23. Recordation. This agreement shall be recorded with the County Recorder of Orange County, California. riA 24. No''Third Party Benefit. This Agreement is made and entered into for the sole benefit and protection of the parties hereto, and the parties do not intend to create any rights or benefits under this Agreement for any person who is not a party to this Agreement, except for any permitted assignees. 25. Entirety. The foregoing, and the attachments hereto, set forth the entire Agreement between the parties. 26. Amendments. The terms of this Agreement may only be modified or amended by an instrument in writing executed by each of the parties hereto; provided, however, the City Manager shall have the authority to issue interpretations, waive provisions and enter into 11 18-6574/191190/SFF amendments of this Agreement on behalf of City so long as such actions do not substantially fs,. change the uses or development permitted on the Land. 27. Interpretation and Governing_Law. This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California without regard to conflict of law principles. This Agreement shall be construed:-,as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties hereto, and the rule of construction to the effect that ambiguities are to be°resolved against the drafting party shall not be employed in interpreting this Agreement, all&Parties having been represented by counsel in the negotiation and preparation hereof. 28. Time of Essence. Time is of the essence in the performance of the provisions of this Agreement as to which time is an element. 3 29. Attorney's Fees. In connection with any matters"'or litigation arising under this vf Agreement, each party shall bear its own attorney's fees. tiny 30. Covenants Run With Land. The covenants in this Agreement pertain to and run with the real property described above. This Agreementbinds the successors in interest of each of the parties. �. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices"the day, month and year first above written. 3: F Y, J F .71 ti yr e� 12 18-6574/191190/SFF HUNTINGTON BEACH ELEMENTARY CITY OF HUNTINGTON BEACH, SCHOOL DISTRICT, a California public school a California municipal corporation district: ieirvices H ul uperintendent Mayor M. Archibald City Clerk i t Superintendent, Administrative INITIATED AND APPROVED: Director of Public Wo s HB HOMES MANAGEMENT, LLC, REVIE ED AND APPROVED: a California Limited Liability Company B � N Y Citj�lljdager Its PG y'a g-_2— p �17 APPROVED AS FORM: cJ By it Its Cit At orney yF� w f 13 18-6574/191190/SFF 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 0KANGE ) On 3M UA PQ-( 3M, ZQ I before me, +(A N T N Ci(I` c f ROTA m pt 1 B LC Date Here Insert Name and Title of the Officer personally appeared -AVID N Grd*10\-( Name(s)of Signer(s) ........_. _...._.._....._...._._.._........___._.............. ._. ..........................._.._..._.__.._.___.____.....__�__, p ry _..._..............person'whose names) are who roved to me on the basis of satisfactory evidence to be th tscribed to the within instrument and acknowledged to me tha he she/they executed the same in i�her/their� authorized capacity(i�es,,and that by his/her/their signatur s)on the instrument the person(:", or the entity upon behalf of which the person(Wacted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph •+"` o HAN T, NGUYEN is true and correct. II�p CoMM.f 2224901 r�pp WITNESS my hand an ff ial seal. Vl NOTARY?UBLIc•CAUfORMA V1 ORANGE COUNTY Mr COGM.EXP.DEc.t0,202t Signature Signature o NTH otary Public 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: Corporate Officer — Title(s): ; ]Corporate Officer — Title(s): Partner — j Limited General El Partner — : Limited " General EJ Individual C i Attorney in Fact J Individual El Attomey in Fact CW Trustee 0I Guardian or Conservator O Trustee 01 Guardian or Conservator Other: El Other: Signer is Representing: Signer Is Representing: 02016 National Notary Association -www.NationaiNotary.org - 1-800-US NOTARY(1-810-876-6827) 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 Califor 1��� )County of n �,, On t ;W/ before me, P/S�-�CZ.4- / : T74,t Date r He e Insert Name and Title of the Officer personally appeared �/t-� /�I CjjA L C./�/ 64Z,2� Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person whose name isfare subscribed to the within instrument and acknowledged to me that(Fi /s4eAhey executed the same in _h j$/h.Wtheir authorized capacity(iss), and that by his/herltf+eir signature(s)on the instrument the person, 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 han and official seal. P.L.ESPORZA Signature z i Notary Public•California orange County Signature of tary Pub c Commission#2204197 My Comm.Expires Aug 4,2021 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: ❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): ❑ Partner — - Limited ❑General ❑ Partner — Limited ❑General ❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑ Guardian or Conservator ❑Trustee ❑Guardian or Conservator I Other: ❑ Other: Signer Is Representing: Signer Is Representing: ©2014 National Notary Association • www.NationalNotary.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 0WAA)6o _ On .ZGY before me, A / Vdi Date Here Insert Name and Title of the Officer personally appeared 44L4=44 Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the personf whose name"are- subscribed to the within instrument and acknowledged to me that(�&sheAh6y executed the same in /he#t#eir authorized capacity,and that by jq/he4heir signatureo on the instrument the person, or the entity upon behalf of which the persona} 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 ha and official seal. P.L.ESPARZA Signature `- Notary Public-California Sig ature of tary Put/ = Orange County > Commission A 2204197 ' My Comm.Expires Aug 4,2021 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: ❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑ Guardian or Conservator ❑Trustee ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: 02014 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 EXHIBIT"A-1 LEGAL DESCRIPTION OF RECREATIONAL PROPERTY THAT PORTION OF THE WEST ONE-HALF OF SECTION 8, TOWNSHIP 6 SOUTH, RANGE 10 WEST, IN THE RANCHO LAS BOLSAS, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 66,TRACT 5128,AS SHOWN IN BOOK 211 OF MISCELLANEOUS MAPS, PAGES 23 THROUGH 26, INCLUSIVE','RECORDS OF ORANGE COUNTY, SAID POINT ALSO BEING ON THE SOUTH LINE OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 8; THENCE NORTH 00°20'44" EAST,ALONG THE EAST LINE OF SAID TRACT 5128, A DISTANCE OF 376.62 FEET TO THE SOUTHERLY RIGHT-OF-WAY OF CRAILET DRIVE, HAVING A HALF WIDTH OF 30.00 FEET; THENCE SOUTH 89'41'12" EAST, ALONG SAID RIGHT-OF-WAY, A DISTANCE OF 15.00 FEET TO THE NORTHWEST CORNER OF LOT 61 OF SAID TRACT 5128; THENCE SOUTH 00020-44"WEST, ALONG THE-WEST LINE OF SAID LOT 61, A DISTANCE OF 110.00 FEET TO THE SOUTHWEST CORNER OF SAID LOT 61; THENCE NORTH 88'22'19" EAST, ALONG THE SOUTHERLY LINE OF LOTS 61 AND 60 OF SAID TRACT 5128, A DISTANCE OF 128.75 FEET TO THE SOUTHEAST CORNER OF SAID LOT 60; THENCE NORTH 83°46'04" EAST,ALONG THE SOUTHERLY LINE OF LOTS 59 AND 58 OF SAID TRACT 5128, A DISTANCE OF 129.40 FEET TO THE SOUTHEAST CORNER OF SAID LOT 58; THENCE NORTH 79'08'11" EAST, ALONG THE SOUTHERLY LINE OF LOTS 57 AND 56 OF SAID TRACT 5128, A DISTANCE OF 66.31 FEET TO A. POINT IN THE SOUTHERLY LINE OF SAID LOT 56; THENCE SOUTH 00°13'46"WEST, A DISTANCE OF 336.03 FEET; THENCE SOUTH 49°10'20"WEST, A DISTANCE OF 10.62 FEET; THENCE SOUTH 00-08'52"WEST,.A DISTANCE OF 26.61-FEET; THENCE NORTH 89°56'48" EAST A DISTANCE OF 48.67 FEET; THENCE SOUTH 55°35'10" EAST, A DISTANCE OF 11.60 FEET; THENCE SOUTH 89051'08" EAST,A DISTANCE OF 154.67 FEET; THENCE NORTH 60°57'47" EAST, A DISTANCE OF 10.25 FEET; THENCE SOUTH 89°48'21" EAST, A DISTANCE OF 77.21 FEET; THENCE NORTH 23-22'18" EAST, A DISTANCE OF 50.91 FEET; THENCE NORTH 60°21'16"WEST, A DISTANCE OF 12.65 FEET; THENCE NORTH 00°21'30"WEST, A,DISTANCE OF 102.57 FEET; THENCE NORTH 49-23'09"EAST, A DISTANCE OF 32.27 FEET; THENCE NORTH 71°51'37" EAST, A DISTANCE OF 68.43 FEET; THENCE SOUTH 89049'53" EAST, A DISTANCE OF 9.17 FEET; THENCE SOUTH 00030'39"WEST, A DISTANCE OF 129.22 FEET TO A POINT ON THE SOUTH LINE OF SAID NORTHWEST ONE-QUARTER OF SAID SECTION 8; THENCE SOUTH 89°30'00" EAST,ALONG SAID. SOUTH LINE,A DISTANCE OF 2974 FEET;THENCE SOUTH 00020'32"WEST, A DISTANCE OF 242.06 FEET TO THE NORTH RIGHT-OF-WAY OF CYNTHIA DRIVE, HAVING A HALF WIDTH OF 25.00 FEET; THENCE NORTH 89029'35"WEST, ALONG SAID RIGHT-OF-WAY, A DISTANCE OF 764.45 FEET TO THE SOUTHEAST CORNER OF LOT 13 TRACT 6003, AS SHOWN IN BOOK 220 OF MISCELLANEOUS MAPS, PAGES 49 AND 50, RECORDS OF ORANGE COUNTY;THENCE NORTH 00 19'03" EAST, ALONG THE EAST LINE OF SAID TRACT 6003,A DISTANCE OF 241.97 FEET TO THE POINT OF BEGINNING. CONTAINING APPROXIMATELY 6.18 ACRES REFER TO EXHIBIT"A-2"ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF THIS LEGAL DESCRIPTION WAS PREPARED BY ME ��� BNWq(j4'L �o * EXP.12l31/19 (P No. 8244 DAVID B. WARREN, LS 8244 DATE ��' �OF CAS-RFD EXHIBIT °A®211 , SCALE:1"--120' — - S89041'120E 15.00' \ \ \ y O N 1 it 52 ', 55 �� 61 so Zf ®Z) 1 N83 "E N79 N88°22'19°E °4VO4 1 66 31' 29.40 v 128.75' 1 I CPS W 0 cm `- c S89"49'53"E 9.17' 6 o. N71°51'37"E 68.43' o oz N49°23'09"E 3227' w THE SOUTH LINE OF THE NW 114 S o OF SECTION 8,T6S,R10W,SBM cn � QQ 1'� L j N � P.O.B. C �' � N O O O S49°10'20"W 10.62' N60°21'16"W 12.65' S00°08'528W 26.61 N23°22'18"E S89°51'08"E 154.6T S89°48'21"E 50.91, 77.21' c.i N N89°56'48"E 48.67' N60'57'47"E 1Q.25' N S55°35'10°E 11.60' � P o N89°2935"W 764AV CYNTHIA DRIVE - - - - - - CONTAINING APPROXIMATELY 6.18 ACRES ND �.A sv THIS PLAT WAS PREPARED BY ME5��8• U � * EXP.12/31119 N� No.8244 — 9 2 OF CAS-�FOe` DA%AD B.WARREN,LS 8244 DATE EXHIBIT "B-1" LEGAL DESCRIPTION OF LEBARD PARK THAT PORTION OF THE WEST ONE-HALF OF SECTION 8, TOWNSHIP 6 SOUTH, RANGE 10 WEST, 1N THE RANCHO LAS BOLSAS, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 69, TRACT 6003, AS SHOWN IN BOOK 220 OF MISCELLANEOUS MAPS, PAGES 49 AND 50,.RECORDS OF ORANGE COUNTY, SAID POINT ALSO BEING ON THE NORTHWESTERLY LINE OF THE"SOUTHERN CALIFORNIA EDISON RIGHT-OF- WAY; THENCE NORTH 14015'40" EAST, ALONG SAID RIGHT-OF-WAY, A DISTANCE OF 380.97 FEET TO THE SOUTHEASTERLY CORNER OF LOT 26, TRACT 5192, AS SHOWN IN BOOK 21.8 OF MISCELLANEOUS MAPS, PAGES 4.1 THROUGH 44, INCLUSIVE, RECORDS OF ORANGE COUNTY; THENCE NORTH 75036'29"WEST, A DISTANCE OF 53.37 FEET; THENCE NORTH 67'37'17"WEST, A DISTANCE OF 48.46 FEET TO A POINT ON THE SOUTHEASTERLY RIGHT-OF-WAY OF WARWICK DRIVE AND RAVENWOOD LANE, SAID POINT BEING THE BEGINNING OF A NOW TANGENT CURVE CONCAVE TO THE NORTHWEST AND HAVING A RADIUS OF 70:00 FEET, A RADIAL LINE FROM SAID POINT BEARS NORTH 47055'29"WEST; THENCE SOUTHWESTERLY ALONG SAID CURVE AND RIGHT-OF-WAY, AN ARC DISTANCE OF 71.03 FEET, THROUGH A CENTRAL ANGLE OF 58008'16"; THENCE NORTH 79047'13"WEST, ALONG SAID RIGHT-OF-WAY, A DISTANCE OF 50.00 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE SOUTH AND HAVING A RADIUS OF 40.00 FEET; THENCE WESTERLY ALONG SAID CURVE, AN ARC DISTANCE OF 6.77 FEET, THROUGH A CENTRAL ANGLE OF 9-42-08"TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF WARWICK DRIVE, HAVING A HALF WIDTH OF 30.00 FEET; THENCE NORTH 89*29'21"WEST, ALONG SAID RIGHT-OF-WAY, A DISTANCE OF 112.25 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 80.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE, AN ARC DISTANCE OF 125.66 FEET, THROUGH A CENTRAL ANGLE OF 90000'00"TO A POINT OF CUSP, SAID POINT BEING ON THE WESTERLY RIGHT-OF-WAY OF CRAIMER LANE,,HAVING A HALF WIDTH OF 30.00 FEET; THENCE SOUTH 00030'39"WEST, A DISTANCE OF 200.32 FEET TO THE SOUTHERLY LINE OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 8; THENCE SOUTH 89°30'00" EAST,ALONG SAID NORTH LINE, A DISTANCE OF 29.74 FEET; THENCE SOUTH 00'20'32"WEST, A DISTANCE OF 242.06 FEET TO THE NORTHERLY RIGHT-OF-WAY OF CYNTHIA DRIVE, HAVING A HALF WIDTH OF 25.00 FEET;THENCE SOUTH 89029'35" EAST,ALONG SAID RIGHT-OF-WAY, A DISTANCE OF 89.44 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 80.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE AND RIGHT-OF-WAY, AN ARC DISTANCE OF 65.02 FEET, THROUGH A CENTRAL ANGLE OF 46°34'03"TO THE NORTHWEST CORNER OF SAID LOT 69; THENCE SOUTH 89029'35" EAST, ALONG THE NORTH LINE OF SAID LOT 69,A DISTANCE OF 140.68 FEET TO THE POINT OF BEGINNING. CONTAINING APPROXIMATELY 3.01 ACRES REFER TO EXHIBIT"B-2"ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF THIS LEGAL DESCRIPTION WAS PREPARED BY ME U� 'Q 0 * EXP.12/31/19 ZIt�f Ills, No. 8244 �Q DAVID B.WARREN, LS 8244 DATE 91$1 Ofi CAS\Fp�'� EXHIBIT 1113-2" RE i� \ 1 ` + Ile CURVE TABLE CURVE RADIUS DELTA ILENGTH TANGENT30 Cl 70.00' 58°OS'16" 71.03' 38.91' '' C2 40.00' 9°42V80 6.77' 3.39' C3 80.00' 90000'Ofl" 125.68' 80.09 - C4 80.fl0' 46°34'03° 85.07 34.43' m _ - WARWICK DRIVE N8919'21°W C2 G� \ e 11225' N 79"47'13 W 5000' N 67°37'170 W 48.48' g N 75°36'29"W 53.37' S89°30'00"E 29.74' ---------------------------- THE SOUTH LINE OF THE NW 114 OF SECTION 8,T6S,R10W,SBM ' N ` e U N 2 O, u„ co P.Q.B. S8r29'35°E 69.44' S89029'350E 140.68' - - - - - cYNTHIA DRIVE^ -`1, CONTAINING APPROXIMATELY 3.01 ACRES TRACT NO.6 3 M.M.220/45-50 THIS PLAT WAS PREPARED BY ME C0 3V U Q �� 7�► EXPA 2f31119 ✓ ""'�� � �,� � N� No.8244 DAVID B.WARREN,LS 8244 DATE 9 OF cP�`rF EXHIBIT KCr111 LEGAL DESCRIPTION OF RESIDENTIAL PROPERTY THAT PORTION OF THE WEST ONE-HALF OF SECTION 8, TOWNSHIP 6 SOUTH, RANGE 10 WEST, IN THE RANCHO LAS BOLSAS, DESCRIBED AS FOLLOWS' COMMENCING AT THE SOUTHWEST CORNER OF LOT 57, TRACT 5128, AS SHOWN IN BOOK 2.11 OF MISCELLANEOUS MAPS, PAGES 23 THROUGH 26, INCLUSIVE, RECORDS OF ORANGE COUNTY; THENCE NORTH 79008'11" EAST,ALONG THE SOUTHERLY LINE OF LOTS 57 AND 56 OF SAID TRACT 5128,A DISTANCE OF 66.31 FEET TO A POINT IN THE SOUTHERLY LINE OF SAID LOT 56, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING;THENCE SOUTH 00°13'46" WEST,A DISTANCE OF 336.03 FEET; THENCE SOUTH 49°10'20"WEST,A DISTANCE OF 10.62 FEET; THENCE SOUTH 00°08'52"WEST, A DISTANCE OF 26.61 FEET;THENCE NORTH 89°56'48" EAST A DISTANCE OF 48.67 FEET; THENCE SOUTH 55°35'1.0" EAST, A DISTANCE OF 11.60 FEET; THENCE SOUTH 89051'08" EAST, A DISTANCE OF 154.67 FEET; THENCE NORTH 60°57'47"EAST, A DISTANCE OF 10.25 FEET; THENCE SOUTH 89048'21" EAST, A DISTANCE OF 77.21 FEET; THENCE NORTH 23022-18" EAST,A DISTANCE OF 50.91 FEET;THENCE NORTH 60°21'16"WEST, A DISTANCE OF 12.65 FEET; THENCE NORTH 00021'30"WEST, A DISTANCE OF 102.57 FEET; THENCE 49"23'09" EAST, A DISTANCE OF 32.27 FEET; THENCE NORTH 71°51'37" EAST, A DISTANCE OF 68.43 FEET; THENCE SOUTH 89°49'53" EAST, A DISTANCE OF 9.17 FEET; THENCE NORTH 00030`39" EAST,A DISTANCE OF 76.10 FEET TO A POINT ON THE WESTERLY RIGHT-OF- WAY OF CRAILET LANE, HAVING A HALF WIDTH OF 3000 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE EAST AND HAVING A RADIUS OF 820.00 FEET;THENCE NORTHERLY ALONG SAID CURVE AND RIGHT-OF-WAY, AN ARC DISTANCE OF 214.10 FEET, THROUGH A CENTRAL ANGLE OF 14-57'36"TO THE SOUTHEAST CORNER OF LOT 50 OF SAID TRACT 5128, A RADIAL LINE FROM SAID POINT BEARS SOUTH 74031'44" EAST; THENCE SOUTH 77047'56"WEST ALONG THE SOUTHERLY LINE OF LOTS 50 AND 51 OF SAID TRACT 5128, A DISTANCE OF 12281 FEET TO THE SOUTHWEST CORNER OF SAID LOT 51;,THENCE SOUTH 71-08"48"WEST,ALONG THE SOUTHERLY LINE OF LOTS 52 AND 53 OF SAID TRACT 5128, A DISTANCE OF 127.38 FEET TO THE SOUTHWEST CORNER OF SAID LOT 53; THENCE SOUTH 74030'17"WEST,ALONG THE SOUTHERLY LINE OF LOTS 54 AND 55, A DISTANCE OF 129.41 FEET TO THE SOUTHWEST CORNER OF SAID LOT 55;THENCE SOUTH 79008'11"WEST, ALONG THE SOUTHERLY LINE OF LOT 56 OF SAID TRACT 5128, A DISTANCE OF 63.09 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING APPROXIMATELY 3.53 ACRES REFER TO EXHIBIT"C-2"ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF THIS LEGAL DESCRIPTION WAS PREPARED BY ME pLPNQ S(� O EXP.12/31119 DAVID B. WARREN, LS 8244 DATE cP� No.8244 �Q EXHIBIT "C-2" SCALE;1"=120' W ss S1 �i t� R=820.W tr 5 ° '11"W 4't' A-14°57'36" 60 i " �qg 09 129 W cs�° i i t11 °08'11 E L=214.10 !. ®� g6.31 T=107.66' I Q--- T.P.O.B. IV P.O.C. 30'1 cy N00 30'39"E 76.10' N71°51'37°E 68AT N49023'09"E 32.27' UD THE SOUTH LINE OF THE NW 114 OF SECTION 8,T6S,RIOW,SBM o �- ----- ------------ S49°1020"W 10.62' N60°21'16"W 12:65' S00°0852"W 26.61' S89°51'08°E 154.67' S89°48'21"E N23°22'18"E �,. 50.91 N89°56'4rE 48.6T 77.21' S55°36'10"E 11.6fl' N60°5r47"E 10.25' 29 N CYNTHIA DRIVE - - _ - - - CONTAINING APPROXIMATELY 3.53 ACRES © THIS PLAT WAS PREPARED BY ME aQ' * EXP.12131/19 No.82" 4 t 2 4�0 9TF o�� � -- OF cA�.�F DAVID B.WARREN,LS 8244 DATE SHEET 30F4SHEETS N TRACT NO. f V O UMOERf:OlOTS:F6 NOTE: GROSS AREA-1ED :S GROSS ARFA.f3.15 ACRES SEE SHEET 2FOR MpilM1ENTMOTE11.LEGEND.REFERENCES, NETAREA•12.03ACRES IN THE CITY OF HUNTINGTON BEACH, BASISOFBEAAINGS,DATUM STAEMENTAND LETIEREptOT GATE OF 5IFRVEY:OCTOBER01.2316 COUNTY OF ORANGE,STATE OF CALIFORNIA ''A'E ALL OF TENTAYIVE MAO NO.178DI OCTOBER 01,2016 SEE SHEET 4 FOR LOT DETAILS HIGH DESERT MAPPING DAAD B.WARREN,L.S.824E SCALE:1160 PROCEDURE OF SURVEY FD.A.G.SPIKE wRWxa w" TRACT'. TIAAf.T N0.52 PERTHE TIESFORTRACT5192, Fp.PK 6WASNER 155a1f• 9'B(;1291R&35R A1l92Sy8f-V! FILE CITY NO,6453 PER CR 20024740 DOWN 0,10 FLUSH TO FINISHED SURFACE pRkVE FM PH B WASHER 5411' CRN)�gT C? CIS FO.LEAD a TACK PER CR 70O2AT18 � �¢ . �• IN TOP OF CURB PER FLUSH TO FINISHED SIATFACE\�" J FO.RA SPIKE WIDUNCH MARK CITY TIE NO,685N ,• R.20.01V PER THE TIES FOR TRACT$197. FD.2-1.P.WITH BRASS TAG INOTSTAMPETO. FOLM&WASIER,1S5411- L.-•� FILED AS CITY TIE NO,5453 F120- -W,M-SLAT 1N COW.PER CR 2007,1754 PER CA awum1 S--`'1 g6 - ABAb DOVlN 9.10 CYNTF7IA . EG36.Fi',M-3614' 1 \} Si tlEa� ,^ 8s DRIVE ADAMS GOWN 1.01NWtpLM0iA1MPAT FLUSH TY7FlNI9HFD STIRFILE __ __ TICS GP53TA N0.5020 AVE. x 2192516,B4E604229185 CRAILET EVE -p, E7KiCF1700rA0 _• NB9'cTIZW ti2,6t'(172557 "~ ) \Y••,�• •42 l +c 177.81 2 / R 12A 56 DN.ssl t0,6010,601•" f J _ �MPA561 TK}1NVK FOVNO \ \•• I NTFI�g751, .� v ALWN SET BGSTpE�ETTAAV WTURmig FD. FCURO A- &TACK -mL ,I ` INTOP OF CVAO PER 'q �'� 8'E'l E5113FtE� CNFflPOR 5 T At6-E 1i2 PERMM2*044 A MM21112OW CiiYTIEN0.6054 t •+ .. I 'C"wo NTBWEOE 1\6j26• I `•h \ pTt985g1:5 LOTC`, c`D --N7f7rY97y ''NiFSr SET BYPAORATION I ANY IRO. 1 } 55 1�gAY „ M1 IF 30 �, (lO"-_ lP i P gl DETAIL„j1• _ PER MM 31iR42o6 - I 1 l 66 A,GTITE W3'!.' SGLE:1•bD' w� I TRACT V r� 57 } M L179 i a FD.NAIL HOLE 6 WASHER IMPR9TT Z. ! _ _- 1 '29.40 2 w IN PAVEMENT,W LIEU OF PK S WASHER • u _ U3 )3=•61 I F6 I 1 NI 'TV 11'E J �� � '1S SLIPPER CR ImuiOSt $!Lr T I 14 46'04'E 179.A0 119 1 ACCEPTEOAS CL P.R.C.' _ 24 41 E I E ao 03 129. y _ - ��' 4 TRACT NO.5192, I-• F9 _--z, 5 10 pV>P Td,71,2T0.f69114 !rc h i I�-•" --------S_ NHS•S1SE I1815 T" EST PER NOT,NO, O N6P2T-- LA1 ! 6 OTRCIE I {ti !V r Sa16000155017,0.R � PD.RR,SPIKE WfPdHoN MARK X. f O L $E7 BYAECOROOISTItNCEPFRMM NjQR( ibT4) PER IN TIES FOR TRACT 5112. W G10 FD.PK6 WASXER'4S 54i1• ! �� __- 7 PER CR 2Wi-0090 ! A. 2t1i1i26 FROMNpAIA AEtO PARALLE! 51.iC7 1S a 2850E 2 yr - IN GAF' H., £ F. FILED AS GT'T1E NO.6154 WDNYiESTLINE L yt85- } ,t 25 FLU5H TO FINISHED SURFACE / r 19 LOTS i ooWNo.7o• as to .A7 EWIOEOTE EASEMENT FOR b�' � 9045E 62 1 27 fESTA817$HED BY 1 �ry-I�• IF➢RR SPIKEYMPUNCH MARK x `-� _ Y COMMUNICATION PIIRN SPER 7 � �'�p 15 ITRS_- PRORATION ALONGPER TIES FOR TRACT 5120. 'b - INST,NO.82.297455.O,R t J 26 `Y PAvCER#E PERFILED AS CITY TIE Hp.8471 T ((// TB.10 $} WARWICK DRIVE MM CURVt3oaB+a,s 56 { *0 SA g1aJ II Nes•2sp1'w 7taaG�{210.�}} .. +,j WIMGVR.9EC,B °'T w g 13 k NBs•2921vlQ f1.2s nr LS cy [ SEE SURVEYORS NOTES FOR � F CL 10iM0'c EASEMENT FOR UNDERGROUND 7e 77 FD,BRONEN RA SPIKE E' ( / METHOD OF ESTABLISHMENT ' N 2•I.P.WITH BPAOS7AG 1AgT STAMPED], CON TROLCABLESRECORDEONNE17,19491N 9 ACCFPIEDPEA THE TFS F00.TRACT BIB2. `ems f M CONC.PER CR 70/4•]541 BOOK 1560,PAGE 509.OR 2 n �. / SEARCHED,xOAANC FOUND / GOWN P-BIxwELL MONUMENT 0 __ 96 IHvR FILED AS CITY TIES N0.us4 OCS GPSSTA.NO.5027 N2189068.16,E6040277.95 .: A05,76S SF DTRRH 0.35' EST BY RECORD DISTANCE EPOCH 2O0To0 TLC"C' FO.R.R.SPIKE WR9INCX MARK $ FROM SOUTH PER MM ZIW444I 5,` ®' Gi n 6 NB976aDW A0 9 12 g 9.19 AC '` PEA RNE TES FOR 7RACT5192, iH �- '-- �S 1 SFN--DOWN D30FUDASO�T7E NO M55� 1OFLI`50 YTRACT 519 LPE ESBeyINtERECT10NPERING DI _ �- 1 R�• '�•NB9OYy t7 G10 A j-` -'• w= _.._.� _ ___ _ . xiss lul.991[ast151 -'•-- ---- yT,) --W`96 - __."--- .AL,_71"` -7--_ __ � \ SEAROIEO.MUTHING FOUND-may 117 z i2a is1�s( :M'1 '�`N6s waow �. --ieS3z 11Bs 37 SET BY ProMTKIN N N 89.46T4•W 2100' W29.iA•T29,741 I N39.30DOM 1692.62(IN12,84T{16925i} yyyy�N��40 - 34' a ALONG EAST-WEST LINE 19 {Sd LOTA $ R w a FO.T(P.TAGGEO.ORAHGE PER AM 22ON350 NB91V46•E S.OV I L70 115015E..u1 .y"�' >i w .11 SFN,ESTABLFSHEp CEBWIOE EASEMENT WR�•-�-- 6 Wrih l COUNTY SVRVEY00.',PER R$ i 7r �'BYIMERSECRON 1 EIBCDilCA1 PURPOSES PER § 'O i'i S'aa �F 00.175i,RSB 154416./7, ( N89'r •W ISm Bf54.6T'p 3A?� s�$ _ 'F ACCEPTEDASSOUTNUNEOFTHE NB9'4B21ti1 1 BR 892MI72,OA-OS w }A'g� 7 GOWN 0.7S NW IH OF SECTION B,TO$,R1aW NI nn § 3R �C I;fly N00T852'E sm, �= w l n 8 (RANCHO CLS BOLSASi.PER7MCT5120 I• ? I SEARCHED,MOTION G IF '• w 12 ro W', w1 W1 WLYLINE L07 Ta, !- EST BY INTERSECTION PER tier f I 16 TRMT W02.MN 220!<9.FA $ ` 1,0 1 fD.PUNCHED DOME 9PIKE.00AN9N pi M. 4O0d055F nI sEARCHEAN O NOTHNG F0uN0d9-50 o J ----z---pp ACCEPTED A9 Bill LOANER OF'NOTA PA H 3 PARCEL PER MM 2701AMID.FRS POSITION PERTIESXI I� 9.19 at SEE DETAA'A' w ESTABLL4T1E0 POSITION BY RECORD /§ t�- V FOR TRACTS007,FILED ABC"TIE NO.6851 1 1 SHOWN ON THIS SHEET-- ��M1M1 10 R IM - P DISTANCE PER TRACT 6007.MIs 2RF4959 IN, N 89�OS'W 89.67 Iz �I SFN POINT FITS REMAINING EXISTING NM'aD25'E 15.00' _ �' F'• 1 N972975•W 05391' SFN I __ TIES FOR TAAC7600i, j 761.AS FILED AS CITY TIE NO.6B54 / .� FD LEAD B TACK 278.0 el. 11' ! bca ill TOP OF CURB PER a f5;9T fl5/flSGBO)^ CYNTHIA (DEDICATION)19.411 S.F. :,, NB9•i9'35W 1.018-- K nn 84.57' OREVE ^' 88.1E 189,7T_ 16D.60' ! z$ CITY TIE N0.66S0 ¢9 N8429'35-W IPtV3(f017.771 SEARCHED,NOIN1NG FpUNp 7 a �)SP' 7 EST BY INTERSECT7ON FD,PUNCHED DOME SPIKE,DOWN C20 FO.PUNCHED CUTSPIKE.DOWN 0.25' �_ J E'STABUSNEDUNE BY THE ! -- ACCFPTEDASCLROEASECTION, ACCEPTED AS SE LOANER OF-NOY APMO' 7S FAS7ERLYEDUNE BYTHRON OF 1IEl 3 FITS POSITION PER TES TRACT NO,sm,m.11, 220144,5y PARCEL PER MM 21O49-90.FITS POSITION PER TIES `•� •i,,•� -` FOR FR4CT6001,FILED AS GTi'AE NO.sR4i FOR TRACT GM.FREO AS CITY TIE NO.695] >t,'� ' ! CI9NTERUNEOFCYNTFRA f qy DANE,CALCD PER SURVEYOR'S BOUNDARY NOTES: SEARCHED,NOTHIx0 FOUND EN NAz2N"sco 6,10 REC46A3',MM ` I.THERE ARE NO CONFLICTS WITH EXISTING VISIBLE IMPROVEMENTS AND THE EXTERIOR IEXISTING MONUMENFATION WAS SEARCHED FOR ALONG THE EASTERLY LINES OF TRACTS ESTABLISHED PER TESFOR7RAC7 fi0D7, 7 ! FILED AS CitT YIE N0.685P J w RE-2610,M-2626' AEC M.6f BOUNOARYUNE fO15TINCTiL•ESL\RDERI OF THISMM AS ESTABLISHED FEREDR EXCEPT 6003,NOTHING WAS FOUND.THE EASTERLY SWNDARY OF THISTRACTWAS ESTABLISHED BY b""� R-SEEOETAL18' c5i4 _29 FOA THE PUBLIC STREET AND UTILITY IMPROVEMENTS ALLOW CYNTHIA DRIVE,WHICH IS HOLDING THE RECORD DISTANCE OF 125.00 FEET FROM THE MONUMENTED CENTERLINE OF LAVORNE PD.SPIKE SHAFT,ACCEPTED AS INTERSECTION- a Iwz SHOWNONTHTSSHEEi II FD,LEAo6TACK M 40 BEING OEOtCATEO NEREOM, uWE,TRACT OIXO.THE ANGLE MEASUREMENTM SHOWN FROM A PARALLEL LINE I BOA FEET OOWN0.0 f r IN TOP OF CURB PER OW 2.POINFALORC THE RAY WAS ESFABUSHED BY kpLGNG RCt0A0 ARC 019TANCE FROM THE OPTHEEA9TTRACTIC"1MYAND THESOUTNLWE OF TFENW FM OFSECTION6.THISANGLE 1�5+ C[tYiIE NO.688P SW CORNER OF LOT 2B.THE ANGLE POINT FOR THE I G LINE SEGMENTS WAS DIFFERENCE NET" THE RECORDED ANGLE SHOWN FOR TRACT SIR.THISANGVUR BEVERLY DRIVE FATABLOTO BY COMPASS RULE PROM THE POINT MENTIONED ABOVE AND THE SE DIFFERENCE MEE75 THE NGS STANDARDS FOR THIRD ORDER.CLASS I ACCURACY. f DETAIL LOANER aF Lor2s. ! SCALE:r•6B