HomeMy WebLinkAboutAccept Water Quality Park Improvements - LeBard Redevelopmen I�
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CITY OF HUNTINGTON BEACH
INTERDEPARTMENTAL COMMUNICATION
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FROM: City Clerk
DATE: 1°U 301)
SUBJECT: Bond Acceptance
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(Company/Name)
CAPITAL PROJECTS (Includes CC's and MSC's)
Performance Bond No.
Payment Bond (Labor and Materials) Bond No.
Warranty or Maintenance Bond No.
TRACT AND DEVELOPMENT
Faithful Performance Bond No.
Labor and Material Bond No.
Guarantee and Warranty Bond No. 13[ ,k61, ?1,
Monument Bond No.
Franchise Bond No.
Letter of Credit Bond No.
Other
Re: Tract No. Approved ''`
(Council Approval Date)
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RECEIVED BY: CITY CLERK RECEIPT COPY
Return DUPLICATE to
City Clerk's Office
(Name) after signing/dating
(Date)
Lq:,ij,me CITY OF HUNTINGTON BEACH
[Aj INTERDEPARTMENTAL COMMUNICATION
TO: City Treasurer
FROM: City Clerk
DATE: 14,321/I
SUBJECT: Bond Acceptance
I have received the bonds for S 1114k-? t 4L.G
(Compan ame)
CAPITAL PROJECTS (Includes CC's and MSC's)
Performance Bond No.
Payment Bond (Labor and Materials) Bond No.
Warranty or Maintenance Bond No.
TRACT AND DEVELOPMENT
Faithful Performance Bond No.
Labor and Material Bond No.
Guarantee and Warranty Bond No.
Monument Bond No.
Franchise Bond No.
Letter of Credit Bond No.
Other
Re: Tract No. �'�� Approved ��//V/
(Council Approval Date)
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City of Huntington Beach
File #: 19-1193 MEETING DATE: 12/16/2019
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Oliver Chi, City Manager
PREPARED BY: Tom Herbel PE, Acting Director of Public Works
Subject:
Accept Certain (Water Quality) Park Improvements and Accept a Guarantee and Warranty
Bond for the LeBard Redevelopment Project (Tract 17801) at 20461 Craimer Lane
Statement of Issue:
HB Homes Management, LLC, the developer of the LeBard Redevelopment Project (Tract 17801),
has completed certain required park improvements (detention basin and water quality swale) and is
now requesting the City's acceptance of said improvements with their submittal of a Guarantee and
Warranty Bond.
Financial Impact:
Not Applicable.
Recommended Action:
A) Accept certain park improvements (detention basin and water quality swale) for the LeBard
Redevelopment Project (Tract 17801) and instruct the City Clerk to record the Acceptance of Public
Park Improvements (Tract 17801) form (Attachment 2) with the Orange County Recorder; and,
B) Accept Guarantee and Warranty Bond No.36K012696 (Attachment 3); the security furnished for
guarantee and warranty of certain park improvements (detention basin and water quality swale), and
instruct the City Clerk to file the bond with the City Treasurer; and,
C) Instruct the City Clerk to notify the developer, HB Homes Management, LLC, of this action, and
the City Treasurer to notify the Surety, the Ohio Casualty Insurance Company, of this action.
Alternative Action(s):
Deny the recommended actions. Denying the recommended actions may violate the Subdivision
Map Act whereby:
Section 66499.9 of the State of California Government Code, requires the guarantee and warranty of
the work for a period of one year following completion and acceptance of the improvement(s), against
any defective work, labor and materials furnished. Denying the acceptance of the Guarantee and
City of Huntington Beach Page 1 of 3 Printed on 12/11/2019
ooweret*LegistarT"
File #: 19-1193 MEETING DATE: 12/16/2019
Warranty Bond may place undue burden and costs upon the City for correcting any defective work,
labor and material provided by the subdivider.
Analysis:
On February 4, 2019, the City approved and executed an Easement, Construction and Maintenance
Agreement Regarding Tract Map No. 17801 (Attachment 4), wherein the developer agreed to
construction of a detention basin and a water quality swale that will serve the LeBard Redevelopment
Project (Tract 17801) at 20461 Craimer Lane. This agreement requires said park improvements be
constructed, accepted by the City, and secured by a one-year guarantee and warranty bond prior to
issuance of the first grading permit for the project-related residential subdivision.
Staff has determined that certain park improvements (detention basin and water quality swale) have
been constructed in substantial compliance with the approved plans and specifications, and
recommends acceptance of these improvements.
A Guarantee and Warranty Bond is also being submitted for City Council acceptance, as a surety
against all defects in workmanship and materials for a one-year period beginning on the date of the
City's acceptance.
PROJECT DATA:
DEVELOPER: HB Homes Management, LLC, 9140 Trask Avenue, Suite 202, Garden Grove, CA
92844
ENGINEER: Thanh Nguyen, HD Engineering, Inc., 9392 Meridian Lane, Garden Grove, CA
92841
SURETY: The Ohio Casualty Insurance Company, 2710 Gateway Oaks Drive, Suite 150N,
Sacramento, CA 95833-3505
Public Works Commission Action: Not required.
Environmental Status:
The recommended actions are ministerial acts, and are exempt from the requirements of the
California Environmental Quality Act, pursuant to State CEQA Guidelines, California Administrative
Code, Title 14, Chapter 3, Section 15268(b).
Strategic Plan Goal:
Enhance and maintain infrastructure
Attachment(s):
1. Location Map
2. Acceptance of Public Park Improvements (Tract 17801)
3. Guarantee and Warranty Bond No.36K012696
4. Executed Easement, Construction and Maintenance Agreement Regarding Tract Map No.
17801
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File #: 19-1193 MEETING DATE: 12/16/2019
City of Huntington Beach Page 3 of 3 Printed on 12/11/2019
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Recorded in Official Records, Orange County
Hugh Nguyen, Clerk-Recorder
I[ 1��11 11�1111$ 111111 11� �]I� NO FEE
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Recording requested by, 2019000549454 3:49 pm 12130/19
and when recorded return to:
7414A04 2
Robin Estanislau,City Clerk 0.00 0.00 0.00 0.00 3.00 0.00 0.000.000.00 0.00
Office of the City Clerk
CITY OF HUNTINGTON BEACH
P.O.Box 190—2000 Main Street
Huntington Beach,Ca.92648
(Space above this line for Recorder's use only)
ACCEPTANCE OF PUBLIC PARK IMPROVEMENTS(TRACT 17801)
(Huntington Beach Zoning and Subdivision Ordinance Section 255.22)
PLEASE TAKE NOTICE THAT on December 2, 2019,the City Engineer considered the
public park improvements described below, and found them to have been completed as
satisfactory and accepted, as limited by Huntington Beach Zoning and Subdivision Ordinance
Section 255.22(A), the park improvements for public use.
Public park improvements constructed consist of a detention basin (over Lot "A" of Final Map
No. 17801) and a water quality Swale at the LeBard redevelopment project at 20461 Craimer
Lane.
The Foregoing instrument is the City Clerk's Original Document Reflecting City Council Action
Taken at the December 16,2019 City Council Meeting Submitted for Recordation by the Orange
County Recorder.
Attest — 2019
City Clerk and Ex-officio Clerk of IY5 City Council of the City of Huntington Beach,California
By Deputy
Donna Switzer
CITY OOFOf
HUNTIN ON BEACH
by: City Enuleer ( •,-�
DeSorafi DeBow y
This doeument is 9d*for the official
buritnee of the City of Huntington Beech,
se contemplKad under GoverTx we Code
Sec.27393 and shouk"a recorded free
of clW96.
Recording requested by,
and when recorded return to:
Robin Estanislau,City Clerk
Office of the City Clerk
CITY OF HUNTINGTON BEACH
P.O.Box 190—2000 Main Street
Huntington Beach,Ca.92648
(Space above this line for Recorder's use only)
ACCEPTANCE OF PUBLIC PARK IMPROVEMENTS (TRACT 17801)
(Huntington Beach Zoning and Subdivision Ordinance Section 255.22)
PLEASE TAKE NOTICE THAT on December 2, 2019, the City Engineer considered the
public park improvements described below, and found them to have been completed as
satisfactory and accepted, as limited by Huntington Beach Zoning and Subdivision Ordinance
Section 255.22(A), the park improvements for public use.
Public park improvements constructed consist of a detention basin (over Lot "A" of Final Map
No. 17801) and a water quality swale at the LeBard redevelopment project at 20461 Craimer
Lane.
The Foregoing instrument is the City Clerk's Original Document Reflecting City Council Action
Taken at the December 16, 2019 City Council Meeting Submitted for Recordation by the Orange
County Recorder.
Attest �J '� �L- ., 2019
City Clerk and Ex-officio Clerk of th City Council of the City of Huntington Beach,California
By ' Deputy
Donna Switzer
CLTY OF HUNTIN ON BEACH
by: City Engineer L' fi'n5
Debora fi DeBow
This&xument is solely for the official
bunss of the City of PkmtkVton Beech,
as cwtempwed under co r t Code
Sec. 27383 and shoukt$e recorded froe
of charge.
CALIFORNIA JURAT WITH AFFIANT STATEMENT GOVERNMENT CODE§8202
te Attached Document(Notary to cross out lines 1-6 below)
e Statement Below (Lines 1-6 to be completed only by document signer[s], not Notary)
Signature of Document Signer No. 1 Signature of Docu Signer No. 2 (if any)
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document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document.
State of Califo nia Subscribed and sworn to (or affirmed) before me
County of L
on this day of �L m 20 ,
by Date Month Y ar
(1)JQ,(U IV14— '-�O I
(and (2)y����rt�}� � ),
Name(s)of Signer(s)
proved to me on the basis of satisfactory evidence
0\4 P.L.ESPAR2A to be the person(s) who appeared before me.
Notary Public-California
' Orange County 1Xj
2 Commission#2204197
My Comm.Expires Aug 4,2021 r Signature —�
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Place Notary Seal Above
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02014 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5910
BOND NO.36K012696
PREMIUM $494.00/YEAR
GUARANTEE AND WARRANTY BOND
WHEREAS, HB HOMES MANAGEMENT. LLC, as a Principal, and THE OHIO
CASUALTY INSURANCE COMPANY, a corporation organized under the laws of the State of
NEW HAMPSHIRE and duly authorized to do business in the State of California, as Surety, are
held and firmly bound unto the City of Huntington Beach, California, as Obligee, in the penal
sum of THIRTY TWO THOUSAND NINE HUNDRED TWELVE ($32 912 00),
representing 10 percent of the contract price entered into between the Principal and Obligee, to
which payment well and truly to be made we do bind ourselves, and each of our heirs,
executors, administrators, successors and assigns jointly and severally.
WHEREAS, the said Principal entered into a contract with said Obligee, dated February
4, 2019, for work described as follows:
Public Improvements constructed consist of a Detention Basin and Water Quality Swale at the
Lebard Park and Residential Development.(Tract 17801, L 16-171)
WHEREAS, said contract provides that the Principal will furnish a bond conditioned to
guarantee and warrant for the period of one year after completion of the work and acceptance
thereof by the Obligee, against all defects in workmanship and materials during said one-year
period.
WHEREAS, said work has been completed, and accepted by Obligee on Aecember 2,
2019
NOW, THEREFORE, the Principal and Surety, jointly and severally shall indemnify the
Obligee for all loss that the Obligee may sustain by reason of any defective materials or
workmanship, which become apparent during the period of one year from and after date of
completion of work and acceptance thereof by Obligee.
In witness whereof, this instrument has been duly executed by the principal and surety
AP 0 EO AS TO ORM
above named, on NOVEMBER 12, 2019
By:
HQ HOMES MANAGEMENT. LLC, as Principal 4��CITY CITY T R ES
ATTORNEYAPPROVE, P'
CITY OF jjU4J.+1'dGTON BEACH
ay:
MICHAL
CITY A
By. DAVID NGUYEN MEMBER cm OF HUNT,:,
THE O UALTY INSURANCE COMPANY, as Surety
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By LIAM FORD PERSONS, Attorney-In-Fact
CALIFORNIA ALL- PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
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
On NOVEM bEK 13.201 q before me, -H AN T insert name YT`f the offee, '
personally appeared ISM I D NG-U'XE1\1 ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose
names) is are subscribed to the wi in instrument and acknowledged to me that
Qh she/they executed the same in his her/their authorized capacity(ies), and that by
his her/their signature(s) on the ins rument the person(s), or the entity upon behalf of
w ich 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 m h d and official seal. � . HAN T, NGUYEN
y r � � COUM.#2224901 f^
�► NOTARY PUBLIC•CAtIFORNIA
ORANGE COUNTY
G GIY COMu,EXP.DEC,10,2021
Notary Public Signature (Notary Public Seal)
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Impression must not cover text or lines. If seal impression smudges,re-seal if a
(Title) sufficient area permits,otherwise complete a different acknowledgment form.
❑ Partner(s) • Signature of the notary public must match the signature on file with the office of
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CA-LIFORNIA ALL-PURPOSE ACM OWLiEBD(GIEN 11
State of CALIFORNIA
County of LOS ANGELES
On �j 12 761 before me, WILLIAM CHRIS BAILEY , Notary Public
personally appeared William Ford Persons
who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the
within instrument and aclrnowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s)acted,executed the instrument
I certify under PENALTY OF PERJURY under the laws
of the state of California that the foregoing paragraph is
true and correct_
W1 ES my hand official al.
9181847
CAUFORVA
&^*-f1ES GC•LRv-Y
'?s k� rya Emnarp'Fes.25.202
Signature of Notary
01piTIONA-111
Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent
h-audulent reattachment of this form.
CAPACITY C—TAMED BY SICGNE'R DESCRIPTION OF A'T TA��CM)fD D0 CUY1F-TqT
❑ INDFVID"UAL
❑ CORPORATE OFFICER Title or Type of Document
❑ PARTNER(S) Number of Pages
NMMBER of LLC
AT i ORNT EY-TN-FAC T
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR ---
Date of Document
OTHER:
SIGNER IS REPRESENTING: Signer(s)other than named above
I,TANIE OF P ERSON(S)OR ENTITY(IES)
This Power of Attorney limits the acts of those named herein,and they have no authority to
t e_ bind the Company except in the manner and to the extent herein stated.
Lib
Liberty Mutual Insurance Company
P Y
Mutual_ The Ohio Casualty Insurance Company Certificate No:8201767-987486
SURETY West American Insurance Company
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS:That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire,that
Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,and West American Insurance Company is a corporation duly organized
under the laws of the State of Indiana(herein collectively called the"Companies),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, William
Chris Bailey;William Ford Persons
all of the city of Los Angeles state of CA each individually if there be more than one named,its true and lawful attorney-in-fact to make,
execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance
of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper
persons.
IN WITNESS WHEREOF,this Power of Attomey has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed
thereto this 6th day of August , 2019 .
Liberty Mutual Insurance Company
P�tNS!/� P,ZY INS& tNsup The Ohio Casually Insurance Company
j=V°1POR"T�0 Q 2.o*Lpo To9� V 2r,°RPORy0 West American Insurance Companyca
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m David M.Carey,Assistant Secretary �
State of PENNSYLVANIA
County of MONTGOMERY ss c
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u (D On this 6th day of August 2019 before me personally appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance o
O— Company,The Ohio Casualty Company, instrumentd West American Insurance Company,and that he,as such,being authorized so to do,execute the foregoing instrument for the purposes—I—
o > therein contained by signing on behalf of the corporations by himself as a duly authorized officer. m rn
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IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at King of Prussia,Pennsylvania,on the day and year first above written. n
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O COMMONWEALTH OF PENNSYLVANIA OM
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--O Teresa Pastella,Notary Public /,,, .,, •, i��,,) O
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My Commission Expires March 28.2021
Teresa Pastella,Notary Public o
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This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company,Liberty Mutual:F=rn
`o.S Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: o
m ARTICLE IV-OFFICERS:Section 12.Power of Attorney. >1 3 o @ Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject to such limitation as the Chairman or the��
President may prescribe,shall appoint such attomeys-in-Fact,as may be necessary to act in behalf of the Corporation to make,execute,seal,acknowledge and deliver as surety >o
C any and all undertakings,bonds,recognizances and other surety obligations.Such attomeys-in-fact,subject to the limitations set forth in their respective powers of attorney,shall 0 N have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation.When so executed,such ` co
zinstruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attomey-in-fact under the cce)
provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. °O
ARTICLE XIII-Execution of Contracts:Section 5.Surety Bonds and Undertakings. 0 o
Any officer of the Company authorized for that purpose in writing by the chairman or the president,and subject to such limitations as the chairman or the president may prescribe, 0
shall appoint such attomeys-in-fact,as may be necessary to act in behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,
bonds,recognizances and other surety obligations.Such attomeys-in-fact subject to the limitations set forth in their respective powers of attorney,shall have full power to bind the
Company by their signature and execution of any such instruments and to attach thereto the seal of the Company.When so executed such instruments shall be as binding as if
signed by the president and attested by the secretary.
Certificate of Designation-The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attorneys-in-
fact as may be necessary-to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety
obligations.
Authorization-By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the
Company,wherever appearing upon a certified copy of any power of attomey issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with
the same force and effect as though manually affixed.
1, Renee C.Llewellyn,the undersigned,Assistant Secretary,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company do
hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy of the Power of Attorney executed by said Companies,is in full force and effect and
has not been revoked.
IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this 12 thday of NOVEMBER 2019
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Recorded in Official Records, Orange County
Hugh Nguyen, Clerk-Recorder
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* $ R 0 0 1 0 6 8 4 0 0 3 $ *
RECORDING REQUESTED BY: 2019000072370 4:26 pm 03/07119
CITY OF HUNTINGTON BEACH 48 401 EU2 24
0.00 0.00 0.00 0.00 69.00 0.00 0.000.000.00 0.00
WIUN 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
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Aw-27383 mid fnoe
of EASEMENT, CONSTRUCTION AND MAINTENANCE AGREEMENT
REGARDING TRACT MAP NO. 1-7801
This Easement And Maintenance Agreement Regarding Tract Map No. 17801 (the
"Agreement") is made and entered into on this V ' day of FC-�t5 , 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
18-65741191190/SFF
144
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."
1. 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").
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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 park
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
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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.
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(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
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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
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(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.
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.
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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
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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
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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.
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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
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154
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.
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HUNTINGTON BEACH CITY SCHOOL CITY OF HUNTINGTON BEACH,
DISTRICT, a California public school district: a California municipal corporation
Greg aul uperintendent Mayor Erik Peterson
S
Jon A Archibald
s ant Superintendent, Administrative City Clerk Robin Estanislau
Services INITIATED AND APPROVED:
r ----`
HB HOMES MANAGEMENT, LLC, (Director of PiMich7orks, Travis Hopkins
a California Limited Liability Company REVIEWED AND APPROVED:
By
Its Ci an ger Fred Wilson
APPROVE TO FORM:
By
Its
ty Attorney Michael E. Gates
Al
COUNTERPART
ARC'
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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 �1CLit�G,�-
On before me T � ,
Date Here Insert Name and Ttle of the Officer
personally appeared Ey( /4L/r� 47v,) �
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(!�_)whose name(�Ois re
subscribed to the within instrument and acknowledged to me that he/she/ ee executed the same in
4W_he ei authorized capacity(ries nd that by d �i 'er signaturqg)on the instrument the persoe&
or the entity upon behalf of which the persorcted, 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.
dn
P.L.ESPARZA
Notary Public-California z Signature
gZT_
orange County Signature of Notary blic
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.
Erb-- �O,US'�Lu.c�D.i� r4-.U� f'�i4-ir✓Z�Jr�n�G4'
Description of Attached Doc ment
Title or Type of Document: - rri rr 0,2. 7-17POI 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 O General
El 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.Nationa[Notary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907
157
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. E COMMISSION#2130243
-—Q Notary Public-California c
ORANGE COUNTY
^ MyCarvn EaprresOcl15.20i9
0
(Seal)
(Notary Signature)
158
HUNTINGI"ON 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 PubficXVorks
a California Limited Liability Company REVIEWED AND APPROVED:
Its 'DAy t (� N City Manager - ^
APPROVED- TO FORM:
By ' f
Its
ty Attorney
'40UNTERPART
13
18-6574/191190/SFF
159
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189
xllt<
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 OMWAIE
On mkch I�) &I Q before me, I N(AIIEN C�QTAM PU8LJ,C
Date Here Insert Name and Title of the Officer
personally appeared ^ DhVYID N&NEN
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be th erson(s) whose name(s&are
le.
bscribed to the within instrument and ackno dged to me that 7he she/they/they executed the same in
re S��
(hier/their authorized capacity(jes),and thatMher/their signature s)on the instrument the person(s),
or the entity upon behalf of which the person(s)acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
HAF --'I
I T. NGUYEN WITNESS my hand an official seal.
COMM.#222901
OTARY PUBLIC-CALI4FORPJA
MY RANGE COUNTY
COMOM.ExP.%c,10,2021 Signature— Signature of Notary Public
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can dater alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
_0 Corporate Officer — Title(s):
Cl
Corporate Officer — Title(s):
D Partner — 0 Limited El General 0 Partner — El Limited El General
Individual D Attorney in Fact 0 Individual 0 Attorney in Fact
•Trustee 0 Guardian or Conservator El Trustee ED Guardian or Conservator
•Other: El Other:
Signer Is Representing: Signer Is Representing:
02016 National Notary Association - www.NationalNotary.org- 1-800-US NOTARY(1-800-876-6827) Item#5907
160
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 00020'44" 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 00'20'44"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 83046'04" 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 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; THENCE SOUTH 00*13'46"WEST, A DISTANCE
OF 336.03 FEET; THENCE SOUTH 49010'20"WEST, A DISTANCE OF 10.62 FEET;THENCE SOUTH
00008'52" WEST, A DISTANCE OF 26.61 FEET; THENCE NORTH 89056'48" 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 89048'21" EAST, A DISTANCE OF 77.21 FEET; THENCE NORTH
23-22'18" EAST, A DISTANCE OF 50.91 FEET; THENCE NORTH 60021'16"WEST,A DISTANCE OF
12.65 FEET; THENCE NORTH 00021'30"WEST, A DISTANCE OF 102.57 FEET; THENCE NORTH
49°23'09" EAST,A DISTANCE OF 32.27 FEET; THENCE NORTH 71°51'3.7" EAST,A DISTANCE OF
68.43 FEET; THENCE SOUTH 89049'53" 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 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
00919'03" 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
�p,ND SU
THIS LEGAL DESCRIPTION WAS PREPARED BY ME
UVq,Q�t��o
� 7a
* EXP.12/31/19 �¢
(N No. 8244 �Q
DAVID B. WARREN, LS 8244 DATE �'T
6 OF CAL�FO
161
EXHIBIT "A-2"
,
SCALE:1"=120'
— - S89°41'12"E 15.00' ��!��o \�� �� ``�
Tit
cm C14
co
N88°22'19"E i N83°46'04"E 6631
228.75' 129.40' V
M'oeM
0
@9'-:3 S8904953"E 9.17'
g N71°51'37"E 68.43' �-
- N49°23'09"E 32.27' w
THE SOUTH LINE OF THE NW 114 0 o
OF SECTION 8,T6S,R10W,SBM o 3;o
c3i
cv
C= ° �
Cn N
P.O.B. N o
O r
O
84901020"W 10.62' N60°21'16"W 12.65'
S00°08'52wW 26.61' N23°22"18"E
�,� S89°51'08"E 154.67' - S89°48'21°E 50.91, o
N N89056'48"E 48.67' 77.21'
��w S55°35'10"E 11.60' N60°5747"E 10.26 N
® O C
E9 o N
O
CD
N
N89°29'35"W 764A5'
CYNTHIA DRIVE
CONTAINING APPROXIMATELY 6.18 ACRES NND
THIS PLAT WAS PREPARED BY ME Uo�O�' w, �0
EXP:12/31/19
Lo NO.8244
OR CALF
DAVID B.WARREN,LS 8244 DATE
162
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 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 218 OF
MISCELLANEOUS MAPS, PAGES 41 THROUGH 44, INCLUSIVE; RECORDS OF ORANGE COUNTY;
THENCE NORTH 75036'29"WEST, A DISTANCE OF 53.37 FEET; THENCE NORTH 67037'17"WEST,
A DISTANCE OF 48.46 BEET 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 47'55'29"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 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 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 90°00'00"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 00020'32"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 46034'03"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
ND V
THIS LEGAL DESCRIPTION WAS PREPARED BY ME g.WgR�L��
o
� a �
),+ I {� EXP.12131/19 y¢
No. 8244
DAVID B. WARREN, LS 8244 DATE
� Op Cpl.\FOQ-
163
EXHIBIT 1113o211 IN
7r
ALI
301
O'CURVE TABLE J
CURVE RADIUS DELTA LENGTH TANGENT
Cl 70.00' 51100816" 71.03' 38.91' 30'! > A
02 40.00' 9°42'08° 6.77' 3.39'
C3 80.00' 90°00'00" 125.86' 80.00'
C4 1 80.00' 46°903" 65.02' 1 34.43' `�,__ _ WARWICK DRIVE
N8902921'W C2
112.25'
o N 79°47'13"W 50.00'
o N 67037'17"W 48A6'
y S89030'00"E 29.74' N 75036'29"W 53.37'
------------------------
--------- --- -- ----------------
THE SOUTH LINE OF THE NW 114
OF SECTION 8,T6S,R10W,SBM
Ld
o ti
r
N 2
0
0
to `a P.O.B.
N
S8902935"E
89.44' 589°29'35"E 140.68'
CYNTHIA DRIVE-----,,
CONTAINING APPROXIMATELY 3.01 ACRES MCT NO.6003 MA 220 69-50 -
THIS PLAT WAS PREPARED BY ME 1.PND
EXP.12/31119
b 2ZA Z No.8244
DAVID B.WARREN,LS 8244 DATE 9 OF GAL�F4�
164
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 67, TRACT 5128, AS SHOWN IN BOOK 211
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 00013'46"
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 55035'10" 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 23022'18" EAST, A DISTANCE OF 50.91 FEET; THENCE NORTH 60021'16"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 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 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 14057'36"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 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
pLPND S(�
Wq,Q�LSO
�.— EXP.12/31/19
DAVID B.WARREN, LS 8244 DATE cA� No 8244 \Q
OF CA�`�04�
165
EXHIBIT "C-211
SCALE:1"-120' a2
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T--107.66'
B.O.P.
P.O.0 T .
. V
--- 30'i
1 N00°30'39"E 76.10'
M S89049'53"E 9,17'
N71051'37"E 68.43' �-
��' M N4902Y,090E 3.2.27'
THE SOUTH LINE OF THE NW 114 0
OF SECTION 8,T6S,R10W,SBM
CD
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4 �
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S49010'20"W 10.62' N60°21'16"41'
�Q
l� S00008'52"W 26.61' S89°51'08"E 154.67' S8N23022'18"E
50.91
N89°5648"E 48.67'
S55°35'10"E 11.60' E 10.25'
�P N
- CYNTHIA DRIVE
CONTAINING APPROXIMATELY 3.53 ACRES
ND SU
THIS PLAT WAS PREPARED BY ME
EXP.12131119
N� No.8244
9TF OF CAS-�����
DAVID B.WARREN,LS 8244 DATE
166
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