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HomeMy WebLinkAboutSEACLIFF ESTATES - HUNTINGTON BEACH COMPANY - 1983-06-20 �. CITY HUNTINGTON BEACH ,. 2000 MAIN'ST13EET CALIFORNIA 92648 OFFICE OF THE CITY CLERK July 19, 198 Huntington Beach Co. .2110 Main Street, Huntington Beach, CA, 92648 Enclosed is a conformed copy of the Drainage agreement for Tract 11067, 11068 and 11069 which was returned from the Recorder's Office with recording information. This agreement was approved by the City :Council on June 20, 1983, Alicia'M. Wentworth City Clerk AMW.h r Enclosure r•' fi ITstmphono: i/453Ba52z+) ,m r E -CITY. OF HUN INGT ON BEACH 2000 MAIM STREET CALIFORNIA 926448 OFFICE OF THE CITY CLERK a June '?, 1983 ' Huntington Beach Co. 2110 Main Street Huntington Beach, CA. 92648 The City Council of the City '-f Huntington Beach at its regular meeting f: held June 20, 1983 approves, a drainage agreement with your firm for ?' Tracts 11067, 11068 and' 11069, We are for►rarding the agreement to the County Recorder and when recorded a conformed copy will be returned to you, 3 Alicia M. Wentworth City Clerk AMW:bt t Enclosure CC: Bill Patapoff, DAB! L; Judy John, Finance f } F i IT018�1{tORB;[�$•S.�nE�JS�71 �. CITY 0F .HUNTINGTON BEACH ,. _ " 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK June 22, 1983 Lee A. Branch County Recorder P. 0 Box 238 Santa Ana, Ca. 92702 a Enclosed please find an Agreement to be recorded and returned to the Office of the City Clerk, City of Huntington Beach, 206E Main Street, Huntington Beach',; California 92648 Enctosod also is a.copy 'of the Agreement. Please return the con- formed ,capy ' document number, recurding date to our office. Alicia M. Wentworth r City Clerk AMW.CB.bt Enclosures 'r. { }� {Tslophonaz'71453�2.'.7) Aft AOL REQUEST FOR CITY COUNG11 ACTION Date June Submitted to: Honorable Mayor and City Counci?. � ED Ems' Submitted,by. C. W. Thompson, City Administr to cY c� Prepared by: Paul E, Cook, Director of Public Works &.rbjectc Drainage agreement for Tracts 10067, 10068 & 10069 between Seacliff Estates and the City Statement of issue Recornmandation,Ana!ysis,Funding Source,Alternative Actions,Attachments: / �. STATEMENT OF ISSUE: A condition of approval .for Tentative Tracts 10067, 10068 and 10069 is that the developer enter i _to an agreement with the City i:o accept drainage from the public streets into the private drainage system. RECOMMENDATION: 1. Execute the Drainage Agreement between Seacliff Estates and t1ie City. 2 Instruct the City Clerk to record the Agreement. ANALYSTS: � k The Seacliff IV Development consists of Tracts 1.0067, 10068, and 10069 and requires an extensive private storm drain system to properly drain the tracts... Two public streets (Palm Avenue and. Seaview Avenue) drain into R the private drainage system- therefore, an agreement is necessary for the developer to accept drainage from the public streets into the private f drainage system, FUNDING SOURCE: ?; None required. ATTACHMENTS: drainage Agreement (3 copies) CW'T:PECC:WAP;jy l,. Pi04f61 s J A T 1 Huntington .ch Company 2110 MAIN STREET,HUNTiNGTON BEACH,CALIFORNIA 92648 (714)960-4351 i ROBERT WESLEY WILLIAMS VICE:.PRESIDENT-LEGAL May 18, 1983 Arthur 3."Foiger, Esq. Deputy City Attorney_ City of Huntington Beach 2000 Main Street Huntington Beach, California RE: DRAINAGE AGREEMENT Dear Art, Enclosed are three (3) original executed copies, of the Drainage Agreement between Seacliff Estates and the City of Huntington beach. Please forward these documents to the appropriate City officials for execution. t Should you have any questions regarding these documents, please contact us. Thank you for your assistance and cooperation in this matter. Y• Very truly yours, ' ,f Robert W. Williams Vice President -Legal p 0ti< rM CIS -" y 83-27082 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of Huntington Beach RECORDED th OFFICIAL RECORDS - 2000 Main street OF ORANGE COBUTY,CALIF:,R,*iIA Huntington Beach, California 92648 EXEMPT `] � P� Jf '83 Attn: City Clerk C? IEE A. i3RAMCH;Coon2 Recorder DRAINAGE AGREEMENT This Agreement is made as of the 1.0th day of July, 1982, by and between SEACLI,F ESTATES, a general.partnership consisting-of-Mansion.P'rop,,.irties, Inc. and Rutter Huntington Corporation, as .,eneral partners ("GRANTOR"), and the CITY OF HUNTINGTON BEACH, a Municipal corporation ("GRANTEE"). RECITALS A. GRANTOR is the owner of certain real property ("the Property") located in the City of Huntington Beach, County of Orange, State of California, more particularly described in Exhibit A attached hereto; B. GRANTOR plans 'to construct on the Property a residential housing development and in conjunction therewith will construct on the Property and on land adjacent to the Property a storm drain system ("the Drainage System"); is C. GRANTOR has submitted "to GRANTEE a final tract map covering, the Property, which map must be approved before GRANTOR commences construction on the Property; D. GRANTEE has established as a condition to approving the final tract map that GRANTOR agree to accept drainage from the public street sections { within the residential housing development into the Drainage System, and that GRANTOR maintain the Drainage System in all areas within the said residential housing development outside the public street right-of-way; NOW' THEREFORE, in consideration of the mutual covenants set forth y herein, GRANTOR hereby conveys to GRANTEE a non-exclusive license of 3-w'27062 drainages (rotor the public streets sections within the said residential housing development into the Drainage System, subject, however, to the following conciitMs. L GRANTOR shall design and engineer the Drainage Systerr o be capable of handling storm water drainage based on 10 to 25"ye flood levels: GRANTOR shall construct and maintain the Drainage System in accordance with the Conditions of Approv, f appr.wed by GRANTEE, particularly Conditions Nos. 20 and �4 which outlined GRANTOR'S responsibilities regarding the Drainage system. Conditions Nos. 20 and 34 are reproduced herein for clarity: "20. The CC&R's and the Association rules shail contain a provision that the Homeowners, Association shall be obligated for maintenance and upkeep of the drainage systems, sidewalks,irrigation system, and landscaping both within and outside of the public rights-of-way adjacent to the public street sections within the Seacliff Phase 1V development, exc apt that the Association shall not be obligated to maintain any landscaping, street paving, or drainage systems located within the public rights-of-way from back of curb to back of curb. 34. A drainage system maintenance plan for percolation/retention ponds, culverts, channel imnr--N-ments, and related facilities shall be developed to ensure facilities will maintain design capacit!--;s to assure continued effectiveness. This maintenance plan shall be approved by the Department of Public Works, and the sa California Department of Fish and Game prior'to construction. Maintenance of the drainage system other t than in the public street system shall be the responsibility of the Homeowner's Association and/or the developez. " Representatives of the Regional. Water. Quality Control Board and/or the Department of Fish and Game shall be, allowed:to periodically inspect the drainage system and, make recommendations, to the Hamecswners'" Association Y' 83--2708 and/or the developer to take any action necessary to ensure that ,the drainage facilities are maintained in an effective condition. 'Effective Condition' shall be defined w; that condition which maintains the water flow in terms of both quality and quantity to within 95 percent of: 1) the standards of the Water Quality Control Board, or 2) the existing present condition based upon measurements taken within sixty (60) days subsequent to the approval date of the .' tentative tract maps, whichever is the more restrictive. If for any reason the Homeowners'Association anal/or the developer fails to take action to remedy a deficiency of the drainage system within 30 days of notification of such deficiency, the City may then take action to maintain y that drainage system to restore it to effective condition and shall be reimbursed for all costs for such maintenance by the Homeowners' Association and/or the developer." GRANTEE hereby acknowledges that as of the date of this Agreement GRANTOR has fulls and completely complied with Paragraph 1. of this Agreement and Conditions Nos. 20 and 34 referred to therein as to the design and engineering of the Drainage System. 2. GRANTEE shall repair and maintain those portions of the public streets adjacent to the Property which may drain► into the Drainage System. GRANTEE shall not alter existing drainage conditions in said portions of the 'public streets' without prior notification to j GRANTOR Furthermore, GRANTEE shall not grant permission to develop property, adjacent to the Property in a manner that could Increase the amount of water; to drain into the Drainage System without notifying and consulting with GRANTOR and obtaining the prior written consent of Mansion Properties, Inc., a California. corporatio.i. Any such alteration or, development shall take 'into consideration the de=.gn and engineering capabilities of the Drainage System. 83-270810 3. GRANTOR agrees to indemnify, defend, and hold GRANTEE harmless against all expense, liability, and claims for damage to property (including property belonging to GRANTOR) and injury to or death of persons (including employees or agents o:t GRANTOR) directly or indirectly resulting from anything about or in connection with the negligent acts or omissions of GRANTOR in the exercise of, or its failure to exercise, its rights and duties herein. GRANTEE agrees to indemnify, defend and hold GRANTOR harmless against all expense, liability, and claims for damage to property (including property belonging to GRANTEE) and injury to or death of t persons (including employee or agents of GRANTEE) directly or indirectly resulting from anything about or in connection with the a. negligent acts or omissions of GRANTEE in the exercise of, or failure to exercise, its rights and duties herein. 4 GRANTOR intends, upon completion of the residential housing 4 development described in Paragraph B hereof, to convey its interest in the Drainage System to a homeowner's association consisting of owners of real property in said development. GRANTEE hereby consents to such conveyance and agrees that upon such conveyance, GRANTOR shall be released from any znd all rights, obligations and duties arising out of this Agreement, and the homeowner's association shall be solely responsible for performing all duties and obligations of Grantor under this Agreement and any conditions imposed by the California 'Coastal Commission and the City of Huntington Beach with regard to the Drainage 5yste t, GRANTOR agrees, and all subsequent,, homeowners' associations shall agree in such conveyance to maintain the Drainage System in a coordinated' S. manner across tract boundaries to assure-, continuity of flow within the Drainage System; 5. The license herein conveyed is persana►; in nature and is not , transferable by GRANTEE, either voluntarily or by operation of law, without the prior, written consent`of GRANTOR first obtained. Except as otherwise prGYided herein, the terms and conditions of this c 83 ._.27Q Agreement" shall inure to and be binding upon tha successors and assigns i-f the parties hereto. b: This Agreement may be amended or terminated only by a written document executed and acknowledged by all parties hereto. 7. Mansion Properties, Inca and Rutter .Limited each waive for purposes of this Agreement and for purposes of any instrument or instruments entered into pursuant to this Agreement, the provisions of Section 9.4.5 of their Partnership Agreement dated March 15, 1982. 8. The provisions of this Agreement shall constitute the entire Agreement between the parties pertaining to the subject, matter contained in it, and shall supersede all-prior or contemporaneous agreements, representations, and undertakings of the parties hereto., r IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. CITY OF HUNTINGTON BEACH, j a municipal corporation ATTEST: / ti S May APPR VED AS TO FORM: INITIATED AND APPROVED: �-- c— STATE OF CALIFORNIA s s �j 7 �} COUNTY OF ORANGE ) . 8 3—2 t O U 2 5 On this 2?(,1-A _. day of . 19 before me, a Notary Pu-bliz in and for said CounVy and State, personally appeared 1po! Ak 66&-,*20 r knowrk'to me to be the Mayor and yJe1-* uAn44�1- known to me to be the City Clerk of the City of Huntington Beach, the municipal corporation that executed s. the within instrument, known to me to be the parsons who executed the within instrument on behalf of said municipal corporation and acknowledged to me that such rmunicipal nor oration executed tsae. same. .. OFF1C1A1 SEAT, C<'3NK A,BROCKWAY -� NOTARY PWLKy C, CAUFORN4k fg111c1PAL OFFICE ilk O2GE COUNTY w GOtAf t55{ON E wPiPES t3C# 10 14 �' .rt STATE OF -CALIFORNIA COUNTY OF LOS ANGELES 83-270825 f)et' this the ay 29th d of April_ 1983, before me, Loretta June-S orb the undersigned Notary Public, personally appeared Raymond J. Rutter O >(8 personally known to me D droved to me on the basis of satisfactory evidence to be the person(s) who executed the within instrument on behalf of the partnership, 'arid l ddknowl ged to me that the partnership executed it. WITNESS my hand and official seal. <<: JOFFTGIAL SEAL �-- JUNE SHORSotary's Signatur @LORETTA NOTARY Pueuc j CALIFORNIA LOS ANGELES COUNT! ; My corm, expires.APR 19, 1996 r Y State of Catiliohn.i,a On this the 27 day of Ap4uZ 19S3,before me, t .{ SS. i 'County of Onrzzae r Sh�ey M. Hotman the undersigned Notary Public,personally appeared G. J. Goodwin and S. R. Uootey a ','osa+w��bw���seanawaao wad 2 personally known tome . e OFFICIAL SEAL. j J proved tome on the basis of satisfactory evidence SHIRLEY M.HOLMAN i to be the person(s)who executed the within Instrument on behalf of the § NDwry Public-CalUornla o partnership,and acknowledged to me that the partnership executed,it, (:RANGE COUNTY My commis ion expires 11.25.84 WITNESS my hand and official seal. 2110 fr ain Street lfuntirgton Beach,CA 92648 Notary's Signature J 1, r `PARTNERSHIPACKNOWLEDGMENTPORM 7130052 � NAMNAL NOTARY ASSOCIATION e23012 Ventura Blvd,-Woodland 1111%CA01* y _4 k r 1 SF ACLIFF EST ATE'-, Seneral partnership, by !Mansion Prope s, Inc., general ay ,�___ r BY— le) secret asaret Rutter Limited, a limited partnership, by,the general partner, r; Rutter Huntington Corporation, By 6 (T 'le he general partner ti 1. s r `g•o:: EXHIBIT A DRAINAGE�AGREEM.ENT 8'-3-2 7 0 8 2 J, y BETWEEN SEArLIFF E`TATES AND THE CITY OF HUNT114GTON- BE: ,H DATED: Being. that- portion of fractional Section 3 -and 4 D _ Townsha 6 -South, Range '11 West, San Bernardino Merid 2n in the City �S of )Iunt ngton Beach, County of Grange, ,ate of California 2s shown on the 'map recorded in Book 51, Page 14 of Miscel.- aneous -Maps in. the office o.L the County. Recorder of said ` County de"scribed aS. iolloss; " `-: Beginning at the ;nose southiaesterly corner of Tz-aet'_Ni, �' 6904 as -shown on the 3map recorded• `gin Book 270, _- Pages 23 :through 29 of Miscellaneous Traps 'in the` office of the County• RecoTdet of said County; thence South 28 _ 581ISir West S0. 00 'eet to the beginning -of F -non-tangent ' curve concave northeasterly having E, radius of 650. 00 '. ••feet;:-a radial 'to said point bears South �28°58' 18" West;n thence northwestezly •142. 06' feet• along. said cu�'ve through a central angle of 12031' 21"•; thence North- 48°30' 21'' 'West 467. 24* feet-to. the beginnijg"'or •a tang Ent "cuurve concave.,` _ soutbhPsterly having a radius o—850. 00 feet; thence •northwesterly..S9.0, 4'3 .feet along .said curve• through a - central angle ' of the .beginning of a reverse '. curve cencaVa northeasterly -having a radius* of 9SO:00 feet; = - thence north esterly 700. 49 feet, along said curve through' , - e central, .angle, of '42014 50" thence 'North 46'0.1 28'L..west. 1505.13 feet to the beg nning 'oi a tangent curve concave,- ; .northeasterly having a radi as of 950. 00- feet; thence north , -esterly 696. 00- feet along said curve through a, central angle of 41'S8' 37" to th,e- beginnang of.'a reverse curve concave westerly having a-radius of •850< 00- feet.-; thence, :.' northerly 248. 97 feet along said_ curve through 'a central angle_ of 16¢46' 55 thence North 20°S1 ' 46" West 177 .73 feet; thence North •6`8°20°1 52" mast 100: 01_ leet; thence North 20a51' 46" =1'est 336. 59 feet to the no theTly •i-ine of the Huntington Beach -City Limit boundary line as• show:n, on the map -filed in :Book 9`7, Pages 35 through •37 of Record of Surveys in `the office'-of 52.Ld County Recorder;-. thence •along slid boundary _ line -the. following courses:-. North 001913411 East"'330. 22'. - fe'et, South 89°41 ' 58",' East 660.1.9 feet, North 0°19' 23" ,East _ 329. 71 feet, and' South ;89035 ' 51'' East 2:�8. 00 feet; thence`: - leavin said boundary. line South -42010' 51" East 360. 40 _feet to the beg nning of-a 'non-tangent curve .concave northwest- eTly having a radius of 7S0. 00 feet, -a radial -to said curve-- 71 bears -South- 2BO28' 16" East; thence northeasterly* 259. 51 teet " Y u. along said curve through a central angle of 19'49131" thence North` 41°42' 13" East 164 .55 feet; ' Thence South':48� 'r= 17 - 47" -East . 272. 49• feei thence South 39`21 ' 27" East 433. 95 fee;.; thence South SO°38' 33" West 16S:32' feet; thence ?north 39°21' 27'1 West 300.00 feet; thence South 506381-33'Vest- 240. 00 'feet;` thence.'°South 39 2l ' 27" East 31. 00 feet; •tlienc•e• • _ South -530431 3S'Nest .171. 43 :Feet-; thence North 37008' 48": 'West 82. 80 feet;_ *thence South 66048 ' OS" West 19D.39 zeet; thence South 41°11109" West 53. 1S feet; thence South '470 2713311 Fast 11'5:36 feet; thence South 0000' 00" West 145. 00 zeet; thence South 90' D0' 0011 East 105, 00 .feet thence Sotgth D'O54' 3111 East 128:.19 fee_t; thence_ South* 85`53128"` .East 95. 21 feet; thence South Oa00' DO" West 1 4 . 00 fees thence South 34039' 05" 'West 82'. 66•'feet; thence North 90600100" West 6S.•OD feet; thence 'South °00' 0011 Wert 57. 00 'feet; thence South 63'461 OS''-East 153. 84 feet; thence. South 26D331544" "West 44. 71 feet,- thence South 60°07138" East 193. 74 feet; thence South 46°51' 43" East 519. 22 feet, thence South 32' 01 '15" East 78. 30 feet; thence South 9°33' 33" East 78. 26 ' feet; hence "South 7°16115"West 148. 53 feet; tli..ence South -400461 41" 14'est 97. 94 feet;. thence South 49°I3119" East 40, 02 feet; ;..hence South 12•a101 23,, East 219r 75- feet;- thence South - 4 °31121r' East 96. 00 -tL-ee4; thence South 41°211.5 " }ti'est' .fee_t; thence* South: 4°2810211 East::b4;•70 feet; thence .South. 52_ .55 ' 37-'-' `East ill. 80�.-eet;: thence ' South-=7.8'D42 ' 42'•' •East,-130. 92 eet;--the. .South 1°19' 44!', West. 103 . 8 feet; : thenca_South" )2`3l' 281' E:'ast � .107 0D:`ee•t; •then a ce South- 0°01 ' 28" East '60 ?b_' feet; thence South -89'58132" West ',257. :56- eet; : thence .No 67 'S5 01"-Pest 393, D"s: -Feet; thence, h.?rth '19°00',-00" East : .20, OD .Leet', thence North 71°CC100" 15'est .303.36 :Feet. to the begin ing: o :-a-•nose-tangent-curve concave nor thwes'terly -having a raei-us` of 152.7. 00 feet , a radial to said point 'bears -South 6300013411 East;_. thence .southwesterly' 112. 4.S -Feet ;along said curve through a central angle of- 4p331 09" -to t1�e beginning of a reveTse curve concave sout�'westerl - having G -radius az 1S 0..00 .feet; ' thence southwesterly .38 . 84 eet along said' curve °th-rough a central, angle of 14°501 05" to- the-beginning of a eveTse curve concave northwes%erly he.lx ,ng a radius of 15D. OD ,=ec ; thence` southwesterly 38. 84. feet along said curve` through --a central angle of 14°50 ' 05"; thence' South 31°1213511 'West 40. 37 feet to the beginning of a tangent curve concave north- easterly having :a .radius of 33, 00 :Feet;. thence southeasterly 54. 67 feet along said curve Through a central angle of; 94`54' - 54" to the beginning of a co-impound .curve concave northeasterly. y having a.radius -of 850. DO' f eet, said :curve being concentric Faith- and northeasterly 100. 00 feet •fr•om_ that• ce tain cuve sdescl�ibed above as being concave -northeasterly ;� r and having y a I radius' of 950. DO feet; thence -southeasterly. 364 .94 feet along said cu�:ve' thru a centaral angle of 24°35' 59x' to the -2 0828 rbega:nning of 'a r rse curve concave so aesteTly �aavAuk i;�g a radaus: of 450. 00 feet , said curve being concentric with and ;1O6. 00 feet 'northeastexly from that certain curve described above as be ng' concave southwesterly and having a radius; of 8S0. 00 feet; thence southeasterly 559p_90 .f eet alOng said curve through a :central angle o 39°'471S711 to a line parallel -with and northeasterly 100. 00 fees fxorn. that cei ain- course described above as "forth 48°3012111 lgest 4,67. 24 feet"; thence Swath 48°30121D1 Easy 467. 24 feet' to the beginning of a tangent curve concave north easterly having 'a radius of S50.O feet; thence south- easterly along said, curve thr,cugh 'a central angle .of 12 31121t1 to the -most westerly line of said Tract No. 6904,; thence South Z8*5811811 'Kest S0. 00 feet along said �,�esterly line to the point of begi-nning_ t; _ J. 3 RECORDING RE3UESTED BY AND WHE,1 RECORDED RETURN TO: City of Huntington Beach 2000 Main street Huntington Beach, California 92648 Attn:" City Clerk . DRAINAGE AGREEMENT This Agreement is made as of the 10th day of ?uly, 1982, by and between SEACLIFF ESTATES, a general partnership consisting of. Mansion Properties, Inc, and Rutter, Huntington Corporation, as general partners ("GRANTOR01), and the CITY OF HUNTINGTON BEACH, a;Municipal corporation ("GRANTEE"). RECITALS a A. GRANTOR is the owner of certain real Property ("the Property") located in the City of Huntington Beach,,County of Orange, State. of California, more particularly described in Exhibit A.attached hereto; F B. GRANTOR plans,to construct on the Property a residential housing devetopmen: and in conjunction therewith will construct on the Property and on land adjacent to the Property a storm drain system ("the Drainage System"); C. GRANTOR has submitted to GRANTEE a f--jai tract map covering the Property, which map ;must be approved before GRANTOR ''commences construction on the Property; D. Gf<ANTEE has established as a condition to -pproving the final tract map that GRANTOR agree to accept drainage from the public street sections c within the residentiai housing development into the Drainage System, and that GRANTOR maintain the Drainage.System'in.all areas within the said residential housing development"outside'the public street right-of-way; z NOW THEREFORE, in .consideration .of the mutual covenants set forth herein," GRANT.�7R hereby, conveys to GRANTEE a non-exclusive license of h drainage from the public streets sections within the said residential housing development into the Drainage System, subject, however, to the following conditions: 1. GRANTOR shall design and eng=^tear the Drainage System to be capable of handling storm water drainage based ,on 10 :to 25 year flood levels. GRANTOR shall construct and maintain the Drainage System in accordance with the Conditions of Approval'approved by GRANTEE,- particularly Conditions Nos. 20 and, 34 which outlined GRANTOR'S responsibilities regarding the Drainage system. Conditions Nos. 20 and 34 are reproduced herein for clarity: 1120. The CC&R's and the Association rules shall contain a provision that the Homeowners' Asso;,?etion shall be obligated for maintenance and u kee-p of the drainage system, sidewalks, irrigation system, and landscaping both within and outside of the public rights-of-way adjacent to the public street sections within the Seacliff Phase IV' development, except that the. Association shall not be obliga*.!d to maintain any landscaping, street paving, or drainage systems located within the public rights-of-way from back of curb to back of curb. 34 A drainage system maintenance plan for percolation/retention ponds, culverts, channel improvements, and related facilities shall be developed to ensure facilities will maintain de::ign capacities to assure continued effectiveness.' This maintenance plan shall be approved by the Department of Public Works and the California Depat tment of Fish and Game prior to construction., Maintenance of the drainage system other than in the public street system shall be the responsibility of the Homeowner's Association and/or the developer. Representatives of the Regi,>nal Water Quality Control Board and/or the Department of Fish and Game shall be allowed to periodically iri-apect the drainage system and make recommendations to the Homeowners' Association and/or the developer to take any action necessary to ensure that the drainage facilities are maintai d in an effective condition. 'Effective "Condition' shall be definedas that condition which maintains the water flow in terms of both quality. and quantity to within 95 percent of: 1) the standards of the !Water Quality Control Board, or 2) the existing present condition based upon measurements taken within sixty (60) days subsequent to the approval date of the tentative tract maps, whichever is the more restrictive. If for any reason the Homeowners' Association and/or the developer fails to take action to remedy a deficiency of the drainage system within 30 days of notification of such deficiency, the City may then take action to maintain that drainage system to restore it to effective condition and shall be reimbursed for all costs for such maintenance by the Homeowners'Association and/or the developer." GRANTEE hereby acknowledges that as of the date of this Agreement GRANTOR has fully and completely complied. with Paragraph 1. of this Agreement and Conditions Nos. 20 and 34 referred to therein as to the design and engineering of the Drainage System. 2. GRANTEE,shalt repair and maintain those portions of the public streets adjacent to the Property which may drain into the Drainage Systen. GRANTEE shall not alter existing drainage conditions in said portions of the public streets without prior notification to GRANTOR, Furthermore, GRANTEE shall not grant pet-mission to develop property adjacent to the Property in a manner tliat could increase the amount of water to drain ,;nto the Drainage System without notifying and consulting with GRANTOR and obtaining the rrior written. consent of Mansion Properties, Inc., a California corporation. Any, such, alteration or development shall take into consideration the 'design and engineering capabilities of the Drainage System. 1 3. GRANTOR agrees to indemnify, defend, and hold GRAN fEE harmless against all expense, liability, and claims for damage to property (including property belonging to GRANTOR) and-injury to of death of persons (including employees or agents of GRANTOR) directly or indirectly resulting from anything about or in connection with the negligent acts or omissions of GRANTOR in the exercise of, or its failure to exercise, its rights and duties herein. GRANTEE agrees to indemnify, defend and hold GRANTOR harmless against all expense, liability, and claims for damage to property (including property belonging to GRANTEE) and injury to or death of persons (including employee or agents of GRANTEE) directly or indirectly resulting from anything about or in connection with the negligent -acts or omissions of GP.ANTEE in the exercise:of, or failure to exercise, its rights and duties herein. 4. GRANTOR intends, upon completion of the residential housing development described in Paragraph hereof, to convey its interest in the Drainage System to a homeowner's association consisting of owners of real property in said development. GRANTEE hereby consents to such conveyance and agrees that upon such conveyance, GRANTOR shall be released from any and all rights, obligations and duties arising out or this Agreement, and the homeowner's association shall be solely responsible for performing all. duties and obligations of Grantor under this Agreement` and any conditions imposed by the California Coastal Commission and the City of Huntington Beach with regard to the Drainage System. GRANTOR agrees, and all subsequent homeowners' associat°ons shall agree in such_conveyance to rr;aintain the Drainage System in a coordinated manner across tract e)oundaries to assure continuity of flow within the Drainage System. . The license herein conveyed is personal in nature and is not transferable by GRANTEE,either voluntarily or by operation of law, without the prior written consent ,of GRANTOR first obtained. Except as otherw sE provided herein, the terms and conditions of this Agreement.shall inure to and be binding upon the successors and assigns of the parties hereto. 6. This Agreement may be amended or terminat=d only by a written document'executed and acknowledged by all parties hereto., 7. Mansion Properties, Inc. and Rutter Limited each waive for purposes of this Agreement and for purposes of any instrument or instruments entered into pursuant to this Agreement, the provisions of Section 9.4.5 of their Partnership Agreement dated March15, 1992. g. The provisions of this Agreement shall constitute the entire Agreement between the parties pertaining to the subject matter contained in it, and shall supersede all prior or contemporaneous agreements, representations, and undertakings of she parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this;Agreement on the day and year first above written. CITY OF HUNTINGTON BEACH, a mun' ' rporation ATTEST: . Ma r APP OVED AS TO FORM; INITIATED AND APPROVED: STATE OF CALIFORNIA ) COUNTY OF ORANGE ) as On this �� day of , 19 a, before me, a Notary_public in and for said Count and Mate, personally appeared k t 111ct ' , known to me to be the Mayor known to me to be the City Clerk of the City of Iiuntington Beach, the municipal corporation that executed the: within izistrument, known to me to be the persons who executed the within instrument �n Vehali= of sa�ci muni.cipa1 corporation and acknowledgecl to me that such municipal, corporation exec>lted the 'same. JFf1CiAL SEAS CONNIE-A, BkiX VAY _ < =ARY POWC*CA13F0#`.11)k f9i nC1P At OPPICE IN T?UNGE COIJKTY SEACLIFF Es-rATES,a general partnership,JiY . Mansion Pro r ` , Inc , �f STATE OF CALIFORNIA COUNTY OF LOS ANGELES On this the 23th day of April 1983, before me, Loretta June ors , the undersigned Notary Public, personally appeared 1 Raymond J. Rutter Ck personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) who executed the within instrument on behalf of the partnership, and ack DwIedged to the that the partnership executed it. WITNESS my hand and official seal. 2%L - - I 'I WNOMTYP FFICTAL SEALRETTA JUNE SHORSr RY PUBLIC-CALIFORNIANotary sSig ureLOS ANGtLES COUNTYcomm. expires APR 19. IS86 j State of Ca,2�i 0".ia On thisthe 27 day of Ap�u,C 1983 ,before me, d i SS. z' County of ohana e Sh yr C� M. Ho tman , the Undersigned Notary Public,personally appeared G. J. Goodwin and S. R. Dootey ' �>a.ywwa7ae � .. aav,i.aaagaaa�av,� o OFFICIAL SEAL a M personally known to me SHIRLEY M.HOLM e 0 proved to me on the basis of sa},sfactory evidence � m� I Notary Pubilo•CafifDr .talry ce coulvTy Ia + to be the,person(s)wh(l executed the within Instrument on behalf of the MY commission ar.T res x1.?S a i partnership,and acknowledged to me that the partnership executed It. ,•... �. �"a "'�,- a% WITNESS my hand and official seal. 2110 Again Street Nunttllgton BcaO-CA 92648 4 � F Nota s Signature PARTN£RSHlPACKNOWLEDGMENTFORM 7136552 NATIONAL NOTARY ASSOCIATION-23612 Ventura BlVd,•WoodlandHllla,CA906d ,y ' • EXHIBIT A s TO f DRAINAGE AGREEMENT BETWEEN SEACLIFF ESTATES AND THE CITY OF HUNT114GTON -13EACH DATED: Beip, g• that. portion of fractional Section 3 ,and 4 ,- Township 6 South, .Range '11 Nest, San Bernardino Meridian in the City of Huntington Beach,' County of Grange, State of California` as .shown* on the'nap x ecorded in Book 51, Page 14 of Miscel aneous -Maps in. the office of the Coun:.y_ Recorder of said - County described zs•'fo-llows: '- Beginning at the most southw' esterly coiner of 'Tract .No,' 6904 as .shown' on the anap recorded' in Book 270, Pages 23 through 29' of Miscellaneous Maps 'in the- office of the Co un�y^ Recorder of said County; thence South -28' 58'18" Wes 50: 00 feet to the beginning -of a.1ion-tangent- curve cancwe northeasterly having a radius of 650. 00 feet;'a radial 'to said point bears South -28°58118" Nest; thence: nor bwesterly -142. 06' leet, along• said curb e through a'central angle of 12.°31' 21".• ' thence North- 48°30' 21" West 467 24 fees ta. the beginning' cif -a tangent 'curve concave : .5 southwesterly having a radius of_-850. D0••feet; tJ,ence northwesterly : 59"0. 43 feet' along said ` curve t}?rough a _ central angle of 3a047' 57" =to the beginning bi= z r-verse-- b curve concave northeasterly .having a raeius of 9SO.*00 feet; -thence northwesterly 700. 49. r`eet•- R3org said curve through a-c'entr€1 .angle. of '42°14.' SD" thence 'North 46'D3' 28"..West,,r 1505. 13` fee to the beginning 'of a tangent curve conc'zve_= : =• no theasterly having a radius o 950. OG Beet; thence north- westerly 696. OV feet- along said. curve through a, central angle of 410`58-' 37", to the, beginning of. a reverse curve concave westerly having a.radius of •8'50 GO. feet-; Thence northerly 24 8. 97 feet along said. curve through *a central angle- of 16'4615511' thence North 20°51146" West 1.77.73 feet'; ' Y thence North '68°20' Stu Fast 1:00; 01 =eet; thence North 20°57a 46" 1,'est '36. 59 Beet to the norther?y -line of the Huntington 3each .City Limit boundary line as- shown on the map filed in =Book 97, Pages 35 through .37 of Record of Surveys_ in the office -of said County Recorder;-• thence -along said boundary line -the. faylowing courses:. . North O0l9' 34"_ East',33t, . �9:2.-. feel , Svuth `89°41' 5811- East 660. 1.9 feet, North 329. 71 feet, ard' Sough 8.9°35 ' 51" Easy 238. 00 feet; hence leaving said. boundary_ line South -.42010' 51" East 360. 40 '�eet ' to the beginning of -'a 'nvn-tangent curve c4nca.ve northwest- 7 erly having a radius of 7S0, a0 feet_, :a radial -to said curve bears -South, 28°Z8 ' l6" East; thence nosthersterly 2 S9.S1 feet F z l j, a'ong said curve .through central Ingle of 1.9'0491 3i"_ theme ;north 42°42113" East 164. 55 feet; thence So•u'th'48° 17147" Gast. 272. 49• feet thence South 39°21127" East 433. 9S '•. ' feet,; thence South 5003813311 West 165:32' feet; thence North 39c21127" 34'est 300. 00 feet; thence _South 50°381•33' est- 240. 00 `feet.; ' thence.' South 39'21 ' 271' East 31. 00 feet; -thence.. South'53°43' 33"West . 171. 4"s feet; 'thence North 37°08' 48°' "West 82. 80 feet; .thence South 66'48 ' 05" West 190. 39' meet thence South 41°11 ' 09" West 53. 1S feet ; thence South 47' 271331' East 22'5:36 feet; thence Sough 0°0003" West 145. 00 feet; thence South WHIM' Easy 10S . 00 fees-; thence South 0'54 ' 31'1 East' 128:.19 feet; thence South' 8"5`53' 28" East - 95.21 feet;- thence Scuth '0°00' 00"' Rest 134 . 00 feet; thence South 3403910511 -West 82. 66. eet; thence North 90a00' 00" West 65.-OD feet; thence -South, 0000' 00" West 57. 00 -feet-; thence South 6.3'46' OS'''East 153. 84 feet; thence' South 26°33' 5.4" -West 44. 72 feet; thence South 60°07' 38" East 193. 74 feet; thence South 46'51 ' 43" East 519. 22 feet; thence South 32° 03. '15" East. 78.30 feet; thence South 9°33133" East 78.,26 feet; thence South 7 °1.6' 1S"'West 148. 53 feet; thence South ' :40046141" West 97. 94 feet;. thence South 49°13119" 1-ast 40. 02 - . .feet.;_ whence South 12•°1.0' 23" East 219- 73- feet;• thence Soutla 4 '31121t' East 96. 00 feet; ' thence South 41°211•�3" Best: 99. 62 - .t; thence South: 4`28 ' 02" East_.64 :.20 feet; thence''South. 52° 551 5."' 'East i 2*. 80 feet;-- thence • South':18-'42 ' 42"` East_•130, 92 feet;. •thence`'.SoutLh. 1•'19' 44'.'.}','es 4 103. 86 'fEet; _'thence South 32`31 281.' ast•':107 . 0O."feet; _hence . South- 0°01' 28" East •60.-76_* feet;' 4hence Sruth '89°58 ' 32"..West ',257 . 0' `eet; : thence .North 670SS.! o ".i'rest' 393. 03�feet; thence:North '19a00',.DD" Fast,— 20, OO feet, thence North •71°00 ' DO" hest 3D3: 36 :Feet- to the beginning., ox='a••non-tangent' Curve concave ngrthwester'ly having a A , eius of 1527. DD feet, z radial to said point 'bears -South 63'00134" East;._ thence .,southwesterly" 112. 45 feet along said curve through a central angle of• 4"13' 0911 'to the beginning of a reverse curve concave southwesterly: having i radius o= 15D..00 feet; ' thence southwesterly 38 .. 84 ,feet along said` curve -thxough a central angle of 14 °SO' DS'' to` the: beginning of a 'reverse curve concave northwesterly having a radius of 150. D0 feet; thence , Southwesterly 38. 84. iLeet along ssaii curve through -a centtAl angle of l4°SO' 05"; thence' South 31°12 ' 35" Nest 40; 37 feet to the beg-inning of a tangent curve concave north- easteTly having a .radius of 33. 00 feet;. thence southeasterly 54. 67 feet along said curve through F. central angle of 94°'54' 54" to the beginning of a _co;tipound :curve concave northeasterly: . having a.radius -of 850 00' feet, said •curve being concentric with` and northeasterly 100. 00 feeL.'irom ghat, certain curve described above as being concave -northeasterly and having a radius of 951O. DD feet; -thence .southeasterly 364 .94 feet along said curve thru a c6nt7•a.l angle of 24°35 = 59" to she beginning of 'a reverse curve concave southwesterly having a radius of 9SQ.00 feet , said curve being concentric with and 100. 00 'feet northeasterly from that certain curve 'described above as being concave southwesterly and having u 'ra'dius of BS0. 00 feet; thence southeasterly 659. 90 feet along said curve through a . central angle of 39°47157" to a line parallel with and northeasterly 100.00 feel fro+r, that certain• course described above ,as "North; 48°30' 21" West 467: 24 feet"; thence South 48°30121" East 467. 24 feet to the beginning of a tangent curve concave north- easterly having a radius of 550. 00 feet.; thence south- easterly along said curve through a central angle .of 12' 31123" to the most westerly line of said Tract No. 6904,; thence South 28*S8I18" West SO- 00 feet along said-westerly line to the point of beginning. 3. CONFORMED GOP Not Garrmared with Original' RECORDING REQUESTED BY AND •�_2 p 8 �r'd,I W EN RECORDED RETURN TO: City of Huntington Beach RECaaa tm INO FFI IAhRE ARDS 2000 Main street Huntington Beach, California 92648 -215 PM JUN 2 ,$ Attn: City Clerk EXEfVIP C 2 'LEE A, RRA6ig69 Cnant Recgr(ler DRAINAGE AGREEMENT This Agreement is made as of the 10th day of Daly, 1982, by and between SEACI.IFF ESTATES, a general partnership consisting of Mansion Properties, Inca and Rutter Huntington Corporation, as general partners ("GRANTOR"), and the CITY OF HUNTINGTON BEACt_, a Municipal corporation ("GRANTEE"). RECITALS A. GRANTOR is the owner of certain real property ("the Property") located in the City,of Huntington Beach, County of Orange, State of California, more particularly described in Exhibit A attached hereto; B. GRANTOR plans to construct on the Property a residential housing development and in conjunction therewith will construct on the Property and on land adjacent to the Property a storm drain system ("the Drainage System"); C. GRANTOR has submitted to GRANTEE a final tract map covering the Property, which map m.3t be approved before GRANTOR commences construction on the Property; D. GRANTEE has established as a condition to approving the final tract map that Gx:ANTt3R agree to accept drainage from the public street sections within the residential housing development into the Drainage System, and that GRANTOR maintain the Drainage System in all areas within the said residential housing development outside the public street right-of•way; NfJ1V THEREFORE, in consideration of the mutual covenants :et forth hereln, GRANTOR hereby conveys to GRANTEE a non-excloasive license of am housing drainage from the public streets sections within the said residential development into the Drainage System,, subject, however, to the following conditionz: 1. GRANTOR shall design and engineer the Drainage System to be capable of handling storm water drainage based on 10 to 25 year flood levels. GRANTOR. shall construct and maintain the Drainage System in accordance with the Conditions of Approval approved by GRANTEE, particularly Conditions Nos. 20 and 34 which outlined - GRANTOR'S responsibilities regarding the Drainage system. Conditions Nos. 20 and 34 are reproduced herein for clarity: '120. The E C&.R's and the Association rules shall contain a provision that the Homeowners' Association shall be obligated for maintenance and upkeep of the drainage' system, sidewalks, irrigation system, and landscaping both within and outside of the public rights-of-way adjacent to the public street sections within the Seaciiff Phase IV development, except that the Association shall not be obligated to maintain any landscaping, street paving, or drainage systems located within the public rights-of-way from back of curb to back of curb. iI 34. A drainage system maintenance plan for " percolation/retention ponds, culverts, channel improvements, and related facilities shall be developed to ensure facilities will maintain design capacities to assure continued effectiveness This maintenance plan shall be approved by the Department of Public Works and the California Departmen'z of Fish and Game prior to construction. 'Maintenance of the drainage system other than in the public street system shall be the responsibility of the 'Homeowner's Association and/or the developer. Representatives of the Regional Water Quality Control Board and/or the Department of Fish and Game shall be allowed to periodically inspect the drainage system and make recommendations to the Homeowners' Association minim and/or the developer to take any action necessary, to ensure that the drainage facilities"are.',maintained in an effective condition. 'Effective Condition' shall be defined as that condition which maintains the water flow in terms of both quality, and quantity to within 95 percent of: 1) the standards of the Water Quality Control Board, or 2) the existing present condition ;)ased upon measurements taken within sixty (60) days subsequent to the approval date of the tentative tract maps, whichever is the more restrictive. If for any reason the Homeowners' Association and'or the developer fails to take action to remedy a-deficiency of the drainage system within 30 days of notification of such deficiency, the City may then take action to maintain that drainage system to restore it to effective condition and shall be reimbursed for all costs for such maintenance by the Homeowner Association and/or the developer." GRANTEE hereby acknowledges that as of the date of this. Agreement GRANTOR has fully and completely complied with Paragraph 1. of this Agreement and Conditions Nos. 20 and 34" referred to therein as to the design and engineering of the Drainage System. 2. GRANTEE shall repair and maintain those portions of the public streets adjacent to the Property which may drain into the Drainage System. GRANTEE shall not alter existing drainage conditions in said portions of the public streets without prior notification to GRANTOR Furthermore, GRANTEE shall not grant permission to develop" property' adjacent to the Property in a manner that could increase the amount of water to drain into the Drainage System without notifying and consulting with GRANTOR, and obtaining the prior written, consent of Mansion' Properties, Inc., a California corporation. Any such alteration or development shalt take into consideration the design and engineering capabilities of the Drainage System'. 3. GRANTOR agrees to indemnify, defend, and hold GRANTEE harmless. against all expense, liability, and claims for damage to property (including property belonging to GRANTOR) and injury to or death of persons (including employees or agents of GRANTOR) directly or indirectly resulting from anything about or in connection with the negligent acts or omissions of GRANTOR in the exercise of, or its failure to exercise, its rights and duties herein. GRANTEE agrees to indemnify, "defend and hold GRANTOR harmless against all expense, liability, and claims for damage to property (including property belonging to GRANTEE) and injury to or 'death of persons :(including employee or agents of GRANTEE) directly or indire,4tty resulting from anything abort or in connection with the negligent acts or omissions of GRANTEE in the exercise of, or failure to exercise, its rights and duties herein. 4 GRANTOR intends, upon completion of the residential housing development described in Paragraph B hereof, to convey its interest in the Drainage System to a homeowner's association consisting of owners of real property in said development. GRANTEE hereby consents to such conveyance and agrees that upon such conveyance, GRANTOR shall be released from any and all rights, obligations and duties arising out of this Agreement, and the homeowner's association shall be solely responsible for performing all duties and obligations of Grantor under this Agreement and any conditions imposed by the California Coastal- Commission and the City of Huntington Beach with regard to the Drainage System. GRANTOR agrees, and all subsequent homeowners' associations shall agree in such conveyancer to maintain the Drainage System in a coordinated` manner across tract boundaries to :assure-continuity of flow withh.. the Drainage System. 5. The license herein conveyed is personal in nature and is not transferable by GRANTEE, either voluntarily or by operation of law, without the prior written consent of GRANTOR first obtained. Except as otherwise provided herein,the terms and conditions of this Agreement shall inure to and be binding,upon the successors and assigns of the parties hereto. This Agreement may be amended or terminated only by a written document executed and acknowledged by all parties hereto. 7. Mansion Properties, Inc. and Rutter Limited each waive for purposes of this Agreement and for purposes of any instrument or instruments entered into pursuant to this Agreement, the provisions of Section 9.4.5 of their Partnership Agreement dated March 15, 1982. S. The provisions of this Agreement shall constitute the entire Agreement between the parties pertaining to the subject matter contained in it, and shall supersede all prior or contemporaneous agreements, representations,and undertakings of the parties hereto. ,i IN WITNESS WHEREOF, the parties hereto have executed th ; Agreement on the day and year first above written. CITY OF HUNTINGTON BEACH, a municipal corporation ATTEST; B ayQ grgfe APPROVED AS TO FORM: INITIATED AND APPROVED. Ci�Atto�rney APPROVED AS TO CONTENT: ,Director of Public Works City Administrator a SEACLIFF ESTATES, a general partnership, by Mansion Propert' , Inc-, general p t By_ it es'end By, Treas Rutter Limited,'a limited partnership, by the general partner, Rutter Huntington Corporation,By t (Ti le rThe general partner t TO DRAINAGE AGREEMENT BETWEEN SEACLTFF ESTATES AND THE CITY OF HUNTINGTON BEACH DATED: Being. that. portion of fractional Section 3 and 4 , ' Township 6 South, ,Range '11 Nest, San Bernaro no Meridian in the City of Huntington Beach, County of Grange , State of California as 'shoan* on the nap recorded in Book 51., Page 14 of Miscel- aneous •Maps in the office of the County. Recorder of said County described as• follows: Beginning at the most southi,aesterly corner of Tract- .No, ' 6904 as shown' on the map recorded- in 'book 270, Pages 23 thr:ough 2-4 of Tiiscellaneous Naps 'in, the office of the County Recorder of said County; thence South •28° 5811e1' west 50. 00 feet to the beginning-of a.non-tangent• curve concave northeasterly hs•ving a radius of 650. 00 •. feet,' a radial 'to said point bears South '28'58 ' 18" West; Lhe.nce nor'thwestexly •142, 06' feet along- said curve through ' a central angle of 12031121'?; thence North- 48°30' 21'" West 9.67. 24' feet--to. the beginning ' of a ,targEnt 'cu7ve concave outh:,.esterly hiving z •radius of.-850. 00-•feet; thence northwesterly 590-, 43 feet ' along .said , curve through a central angle of- s9°47'' S7" -Lo the begi.nr.±n'g of a reverse curve concave northeasterly -having a ra6ius` of 950.100 :Le et; -thence northwes telly 700. 49 .feet along said curve Through.- a central .angle. of '42 '14 ` 5V thence 'North 46°0512811 ..h'est _. 1505. 13 feet to the beginning 'of _ tangent curve concave.* .rortheasterly• having a radius of 95D. 00 feet; thence north- westerly �696. 00" feet- along said curve through e. central angle ,nf 41.°5'>8.' 37"*- to the `beginning of- a. reverse curve concave westerly having a..radius of •850. OD. feet; thence northerly 248. 97 feet along said .cuTve through 'a central; angle of 16'46' 551t1 thence North 20°511 46" West 177 :'73 feet; thence North -68020152" Fast IDD.' 01 eet; thence North 200511 46" 11est 336. 59 feet to the nOrtheT y •line' of the Buntington Beach City Limit boundary 'line as''shown an the map zileo in Book ,97, Pages 35 through .37 of Record of Surveys in the office 'of said County Recorder;-. thence -along sa boundary line •the. following courses: . North 0°19' 34" East 330. 22'. feet, South 89°41' S8". East 660.19 feet, North 0'°19' 23" East 329. 1 feet, and- South 89°35 ' S1" East 238, 00 feet; thence heaving said boundary, line South -�A2'10' S1" East 36v. fceL _ to the beginning of a `non-tangent curve •Concave 'northwest- erly having a :radius of 750. 00 feet, _a^ radial •to said curve, Bears -South 28°2812611 East; thence noxtheasterly• 2S9`.51 feAt along said curve LhTough a centxzl a))g e of 19049' 31" `. thence North 41042113" East 164 . 55 feet; thence South"48° - 17147" :East . 272. 49• feet thence South 39'2112711 East 433. 95 '•- feet;' thence South 5003813311 West 16S :32` feet; , thence 'horth _ 39°21 ° 27'" West 300-.00 feet; thence South 50°381•33"Y;est - 240. 00 Meet; * thence.'South 39;021 1 27" East 31. 00 feet; t}ienc•e• . South -53*4313S'Nest . 171 . 43 feet• 'then-ce North- 370D814Pt-, }pest 82 . 80 feet thence -South 66048'105" West 190.39 feet thence South 41011 ' 0911 West 53. 25 feet; thence South -4TO 27133t1 Fast 11'5:36 Feet ;; thence South 0000100" Tre t 145 . 00 feet ; thence South Q0°DO' DO" cast 105 . D0 feet; thence South V54 ' 31f4 East• 12a:.19 feet; thence South' 8.5` 53' 28" East • 95.21 feet; "'thence. South 6000' 00' }Vest 134 . 00-tenet thence South 34039' 05 'West 82. 66.'feet; thence North 9D?001 00" 'Wes t 65.-00 feet; thence 'South 0000' 00" West 57. 00 'feet; thence South 63°46'105" -'fast 153. 84 feet thence- South, 26°33154" '*West 44. 72 feet; thence . South _60°07'' 38" East 193. 74 feet Thence South 46*51143" East 519. 22 feet;• thence South 32 Olt15t1 East 78. 30 feet; thence South 9°33' 33" East 78.26 feet ; thence South 7016115"West 148. 53 feet; thence South _ 40'46' 41" West 97. 94 feet;, thence South 49D13'191' East 40. 02 _ feet',- 'thence South 12°101 23" East 219E 75- feet;- thence South 4 °' 1 ' 21'' Fast 96. 00 feet; thence South 41°21 t.53`" West" 99. 62 feat; thence South,_477 F 1 0211 East_.-64 : 20 feet; thence "South. 52.° 55 3711 'East -112. 80 Meet;', thence * South•'1804214211 East •130. 92 s �eet;• -thence ' South 1'°1914 11 ,11est 103 . 86 feet-*- 'i.hence :Sout}1 ' 32`3112811 East ,107 . 0D:•feet ; thence'. South- D001i128" Fast -60.'76- feet; thence South '89°58 ' 32" West `257 . 36 feet; , thence .North 67°55.1 01".West 393, 03. feet; thence harth 19000',,0011 East; 20. 00 feet'; thence North 71'0010011 }rest 303; 36 :Feet. to the beginning:of•:z••non-tangent- curve concave northwestezly having a. raeius of 1527. 00 feet, a' radial to said point 'bears "South 63600134" East;.. thence southwesterly' 11.2 . 45 -`eet along said curve thxou 'h a central angle of• 4°13 ' 09" *to the be g g ginning . of a -reverse curve concave southwester?y. hiving G radius of 150.-00 feet; - thence southwesterly 38 . 84 feet 21ong said` curve through a central angle of 14 °50' DS" to' the: beginning of a a everse curve concave northwesterly having a radius of 150. 00` =eet; thence southwesterly 38. 84 feet along said curve Through '"a central angle of 14°50' 05"; thence` South 31'12 ' 35" West 40:37 feet to the beginning of a tangent curve concave north,- easterly having a ,radius of 33. 00 feet; thence southeasterly 54. 67 feet along, said curve through a central angle of 940'54 ' 541` to the beginning' of co �ound curve, concave 'northeasterly= having a .radius of 85D. 09 feet ,, said-curve being concent ric with and nab thersterly 100. 00 feet 'from, that- certain curve described above as being concave 'northeasterly an having a -adius of 9570. 00 feet, thence .smithea.sterly- 364 . 94 feet along said curve thru a central ,angle of _24�35159'1 to the 2. hcga.r ping` of 'a .reverse curve CO,)Cave scuth:�ester.]y navar,p. a rad�us of '950. 00 ' feet , said curve being concentric with rrd 100. 0.0 feet northeasterly from that certain curve described abol*e as being concave southwesterly and having a radius of $50. 00 feet; thence sout7reasterly 659. 90 feet along said curve through a. cen Lral angle of 39047- S7"` to a line pa-rall'el with and northeasterly 100. 00 feet from that certain- course described 'above as "North 480301211- 1aest 467.24 feet"; thence South 4$030121'- East 467.24 feet- to the beginning of a tangent curve concave north- easterly having a radius of 550. 00 feet; thence' south- E easterly along said corve through a central angle .of 120 ' 31, 211- to the, most westerly line of said Tract No. 6904_;' thence South 28`5811$1' West 50. 00 feet along said westerly line to the point of beginning. t y i 'e 1 . t 'i 1