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HomeMy WebLinkAboutCC AG PKT 2012-07-09 #M (attachment 4) ATTACHMENT 4 Draft Resolution No. 6276 approving a Disposition and Development Agreement with Bay City Partners RESOLUTION NUMBER 6276 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE CITY AND BAY CITY PARTNERS, LLC REGARDING DEVELOPMENT OF THE DWP SPECIFIC PLAN AREA The City Council of the City of Seal Beach hereby resolves as follows: SECTION 1. The City Council hereby approves that certain agreement ("Agreement") between the City and Bay City Partners, L.L.C, dated July 9, 2012, regarding development of the DWP Specific Plan Area. The Agreement is attached hereto as Exhibit"A". SECTION 2. The City Council hereby authorizes and directs the Mayor to execute the Agreement on behalf of the City. SECTION 3. The City Clerk shall certify to the passage and adoption of this resolution. PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 9th day of July , 2012 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Mayor ATTEST: City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Linda Devine, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution Number 6276 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 9th day of July ,2012. City Clerk Resolution Number 6276 EXHIBIT "A" Disposition and Development Agreement RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 Attn: City Clerk Exempt from recording fees pursuant to Govt. Code Section 27383 (Space above for recorder's use) DISPOSITION AND DEVELOPMENT AGREEMENT Between --F SEA/, ",, 0 F„ ,.. _.wOR4i - ',, sue. 2; .ti 9'..,..18 2..�9�y 4 ,i,CDOkr1..c,Q-- City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 & Bay City Partners, LLC 299 Westminster Avenue, Suite 211 Seal Beach, CA 90740 THIS DISPOSITION AND DEVELOPMENT AGREEMENT (the "Agreement") is entered into as of July 9, 2012, by and between Bay City Partners, LLC, a California limited liability company(hereinafter"Owner"), and the City of Seal Beach, a California charter city (hereinafter "City"). Owner and City are sometimes individually referred to in this Agreement as a "Party" and collectively as the "Parties." 1 RECITALS A. Owner owns approximately 10.9 acres of land located south of Marina Drive and west of 1st Street within Seal Beach, California described with more particularity in Exhibit A and shown on Exhibit B ("Property"). B. Owner has proposed Tentative Tract Map 17425, as revised (TTM 17425) for a 32-residential lot subdivision on the northerly portion of the Property described in Exhibit C, and has applied for related approvals (the "Project"). Owner has agreed, inter alia, to donate the property described in Exhibit D ("Open Space") to the City at no cost to the City, concurrently with issuance of a coastal development permit ("CDP"). C. Located within the Open Space is a driveway that provides access to the 1st street parking lot. Owner has offered to convey the driveway and the underlying fee to the City ("Driveway Parcel") in exchange for a portion of land within the right-of-way for 1st Street that is owned by the City in fee. The Driveway Parcel is described in Exhibit F. D. City must comply with all applicable state laws prior to vacating the City-owned land within the right-of-way for 1St Street. E. Pursuant to the provisions of the California Environmental Quality Act (Public Resources Code Section 21000, et seq. ("CEQA") and the State CEQA Guidelines (California Code of Regulations, Title 14, Section 15000, et seq.), the City prepared an Environmental Impact Report to analyze and disclose the potential environmental impacts of the Project, including those impacts potentially arising from the disposition of City property contemplated by this Agreement. The City Council certified an Environmental Impact Report on June 25, 2012. F. On July 9, 2012, the City Council approved TTM 17425 for a 32-residential lot subdivision and related approvals. G. On March 16, 2011, the Parties entered into a settlement agreement and mutual release ("Settlement") of an eminent domain action filed by the City to acquire a portion of the Property and an application for a writ of mandate filed by Owner challenging the adequacy of the CEQA review of a nearby City project subject to the terms and conditions stated therein. As part of the Settlement, the City agreed to process in good faith a 48-unit residential project that Owner intended to submit to the City subsequent to the Settlement. The previously contemplated 48-unit residential project is depicted in Exhibit C-2 of the Settlement and is referred to therein as the"Proposed Residential Project." H. The Council-approved Project is substantially different than the 48-unit Proposed Residential Project contemplated in the Settlement. 2 NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. Tentative Tract Map 17425. It is mutually and expressly agreed by the Parties that TTM 17425, as approved by the City Council on July 9, 2012, supersedes any reference to the "Proposed Residential Project," in the Settlement, including but not limited to Exhibit C-2 to the Settlement. 2. California Coastal Commission. The Project requires a CDP from the California Coastal Commission. In the event the Commission issues a CDP for the Project: 2.1 Owner shall donate by conveyance of fee title to the City and at no cost to the City, the "Open Space" including the Driveway Parcel and the Bike Trail Parcel described in Exhibit D attached hereto. 2.2 The Open Space shall be deed restricted to those permitted uses set forth in the DWP Specific Plan more specifically listed as public parks, greenbelts, bike trails, nature trails, hiking trails, and any passive recreational uses normally located in parks or open spaces. To ensure the passive nature of the open space area, only light standards and park benches shall be allowed, and the height of said light standards shall not exceed 15 feet. 2.3 The documentation transferring ownership of the open space to the City shall contain a right of reversion in favor of the Owner and Owner's successors-in-interest in the event the permitted open space uses as provided in the DWP Specific Plan are discontinued and some other use of the Open Space area is proposed that would be inconsistent or in conflict with such permitted uses. 2.4 As evidence of the donation credit for tax purposes, as provided in this Agreement, Owner shall have a right to install a surface plaque or monument on the Open Space area in a location easily visible by the public with an inscription acknowledging the donation of the Open Space by Bay City Partners, LLC to the City of Seal Beach. The dimensions of the plaque or monument shall be no larger than two feet by two feet. 2.5 As to the DCOR Oil and Gas License and Easement referenced in the Settlement, the City agrees that it shall not: (a) interfere with or impede the normal course of business under either the license with DCOR or the DCOR Easement; or (b) interfere with or relocate any of the pipelines existing under either the license with DCOR or the DCOR Easement. The City further agrees to accept a restriction on the donated land that no easements or construction shall be permitted for any oil and gas pipelines other than what is needed to directly serve the donated land without Owner's or Owner's successors-in-interest approval. 2.6 The City will conduct all necessary proceedings to consider vacating approximately 7,000 square feet of land that the City owns adjacent to the corner of Marina Drive and 1st Street shown on and legally described in Exhibit E attached hereto. In the event the City satisfies all statutory requirements, the City shall then convey by quitclaim deed to Owner fee simple title to that property in exchange for Owner's conveyance of the Driveway Parcel. To the extent the Driveway Parcel exceeds the value of the approximately 7,000 square feet of the City owned land, Owner may use that value as a donation tax credit as provided in the Settlement. 3 3. Settlement. Unless modified by this Agreement, the terms and provisions of the Settlement shall remain in full force and effect and shall be binding on the Parties. 4. Termination. This Agreement may be terminated by either Party upon notice to the other upon the occurrence of any of the following events: (1) a referendum overturning any City Council's legislative approvals for the Project; (2) if termination occurs pursuant to any specific provision of this Agreement; or (3) entry after all appeals have been exhausted of a final judgment or issuance of a final order directed to the City as a result of any lawsuit filed against the City to set aside, withdraw, or abrogate the approval of the City Council of this Agreement or any land use entitlement for development of the Project. 5. Public Improvements. Owner shall provide for the installation of all Public Improvements required by the City pursuant to any condition of approval of TTM 17425 and Public Improvements required pursuant to the Mitigation Monitoring and Reporting Program adopted for the Project. 6. Fence Removal. Developer shall remove the green fence constructed on the perimeter boundaries of the Property on or before September 28, 2012 and shall thereafter not replace the fence or erect a new fence without the City's approval unless a referendum or legal challenge is filed to overturn the certification of the Project EIR or land use entitlements approved by the City for development of the Project. 7. Venue. Any legal action shall be brought in the Superior Court for Orange County, California. 8. Waivers and Delays. 8.1 Waiver. Failure by a Party to insist upon the strict performance of any of the provisions of this Agreement by the other Party, and failure by a Party to exercise its rights upon a default by the other Party hereto, shall not constitute a waiver of such Party's right to demand strict compliance by such other Party in the future. 8.2 Force Majeure. Neither Party shall be deemed to be in default where failure or delay in performance of any of its obligations under this Agreement is caused by floods, earthquakes, other Acts of God, fires, wars, riots or similar hostilities, strikes, other labor difficulties, federal or state government regulations, court actions, or other causes beyond the Party's control. 8.3 Government Agencies. Any delay resulting from the acts or omissions of the City or any other governmental agency or public utility and beyond the reasonable control of Owner except those related to the normal and customary processing of future development approvals. 9. Notices. All notices required or provided for under this Agreement shall be in writing and delivered in person or deposited in the United States mail, postage prepaid and addressed to the addresses on page 1 of this Agreement. Either Party may change the address stated therein by giving notice, in writing, to the other Party. Thereafter, notices shall be 4 addressed and submitted to the new address. Notices shall be deemed received upon personal delivery or upon the third day following deposit in the U. S. mail in the manner set forth above. 10. Attorneys' Fees. If legal action is brought by any Party against another for breach of this Agreement, or to compel performance under this Agreement, the prevailing Party shall be entitled to an award of reasonable attorneys' fees and costs incurred in connection with such action. 11. Authority to Execute. Each person executing this Agreement on behalf of Owner warrants and represents that each has the authority to execute this Agreement on behalf of the Owner and to bind Owner to the performance of its respective obligations hereunder. 12. Severability of Terms. If any term or provision of this Agreement shall be determined invalid, void or unenforceable, the remainder of this Agreement shall not be affected thereby to the extent such remaining provisions are not rendered impractical to enforce. 13. Interpretation and Governing Law. This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with California laws. The Parties understand and agree that this Agreement is not intended to constitute, nor shall be construed to constitute, an impermissible attempt to contract away the legislative and governmental functions of the City, and in particular, the City's police powers. In this regard, the Parties understand and agree that this Agreement shall not be deemed to constitute the surrender or abnegation of the City's governmental powers over the Property. 14. Legal Remedies. 14.1 Specific Performance Remedy. The City and Owner acknowledge that, if Owner fails to carry out its obligations under this Agreement, the City shall have the right to refuse to issue any permits or other approvals to which Owner would otherwise have been entitled. Therefore, the City's remedy of denying issuance of permits or terminating this Agreement shall be sufficient in most circumstances if Owner fails to carry out its obligations hereunder. Notwithstanding the foregoing, if the City issues a permit or other approval pursuant to this Agreement in reliance (explicitly stated in writing) upon a specified condition being satisfied by Owner in the future, and if Owner then fails to satisfy such condition, the City shall be entitled to specific performance for the sole purpose of causing Owner to satisfy such condition. The City's right to specific performance shall be limited to those circumstances set forth above, and the City shall have no right to seek specific performance to cause Owner to otherwise proceed with the development of the Project in any manner. 14.2 City not Liable for Damages. It is acknowledged by the Parties that City would not have entered into this Agreement if it were to be liable in damages under or with respect to this Agreement or the application thereof. Consequently, and except for the payment of attorneys' fees in accordance with Section 10 above, City shall not be liable in damages to Owner or to any assignee, transferee or any other person, and Owner covenants on behalf of itself and its successors in interest not to sue for or claim any damages: (a) for any breach of, or which arises out of, this Agreement; 5 (b) for the taking, impairment or restriction of any right or interest conveyed or provided hereunder or pursuant hereto; or (c) arising out of or connected with any dispute, controversy or issue regarding the application or interpretation or effect of the provisions of this Agreement. 14.3 Breach by Action of the Electorate. The Parties hereby warrant that each enters into this Agreement with the understanding that if the City defaults on its obligations under the Agreement due to an action taken by the electorate of the City in the exercise of the reserved powers of initiative and referendum, this Agreement shall be modified or suspended to the extent required by Government Code Section 65869.5 and Owner's right to seek specific performance, a writ of mandate, or other mandatory relief shall be limited by such force as the action taken by the electorate may have in light of state law as determined by any court of competent jurisdiction, in which case Owner's principal remedy shall lie in reformation of this Agreement. 15. Local, State and Federal Laws. Owner, its assigns and its contractors shall carry out the design and construction of all private improvements on the Property and all Public Improvements in conformity with all applicable laws, including, without limitation, all applicable federal, state and local occupation, employment, prevailing wage, safety and health laws, rules, regulations and standards. Owner agrees to indemnify, defend and hold the City harmless from and against any cost, expense, claim, charge or liability relating to or arising directly or indirectly from any breach by or failure of Owner or its contractor(s) or agents to comply with such laws, rules or regulations. Owner's indemnity obligations set forth in this Section shall survive the termination or expiration of this Agreement. 16. Rules of Construction and Miscellaneous Terms. 16.1 Time of Essence. Time is of the essence regarding each provision of this Agreement of which time is an element. 16.2 Entire Agreement. This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof, and this Agreement supersedes all previous negotiations, discussion and agreements between the Parties, and no parol evidence of any prior or other agreement shall be permitted to contradict or vary the terms hereof. 16.3 Not for Benefit of Third Parties. This Agreement and all provisions hereof are for the exclusive benefit of the City and Owner and its Transferees and shall not be construed to benefit or be enforceable by any third party. 16.4 Counterparts. This Agreement may be executed in any number of counterparts, and each of such counterparts for all purposes shall be deemed to be an original, and all of such counterparts shall constitute one and the same agreement. 16.5 Exhibits. The following Exhibits are attached to this Agreement and incorporated herein as though set forth in full: Exhibit A— Legal Description of the Property 6 Exhibit B— Map of the Project Exhibit C— Legal Description of Residential Portion Exhibit D— Legal Description of Open Space Exhibit E— Legal Description of City Property at Marina Drive and First Street Exhibit F— Driveway Parcel IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the date and year first above written. CITY OF SEAL BEACH BAY CITY PARTNERS, LLC By: By: Mayor Michael P. Levitt Rocky Gentner, Member ATTEST: BAY CITY PARTNERS, LLC By: By: Linda Devine, City Clerk Bob Griffith, Member APPROVED AS TO FORM: BAY CITY PARTNERS, LLC By: By: Quinn Barrow, City Attorney James Parkhurst, Member BAY CITY PARTNERS, LLC By: Brian Kyle, Member BAY CITY PARTNERS, LLC By: Cindy Atkinson, Member All signatures for Bay City Partners, LLC to be acknowledged by a Public Notary 7 STATE OF CALIFORNIA ) ) ss COUNTY OF ORANGE ) On , before me, , a Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Notary Public STATE OF CALIFORNIA ) ) ss COUNTY OF ORANGE ) On , before me, , a Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. • Notary Public 8 STATE OF CALIFORNIA ) ) ss COUNTY OF ORANGE ) On , before me, _, a Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Notary Public STATE OF CALIFORNIA ) ) ss COUNTY OF ORANGE ) On , before me, , a Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Notary Public 9 STATE OF CALIFORNIA ) ) ss COUNTY OF ORANGE ) On , before me, , a Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Notary Public 10 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY #118092 v3 A-1 EXHIBIT "A" " • LEGAL DESCRIPTION "SITE MAP DWP SPECIFIC PLAN AREA" THAT PORTION OF LAND SITUATED IN THE CITY OF SEAL BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING A PORTION OF CERTIFICATE OF COMPLIANCE NO. 2009- 01, RECORDED MARCH 10, 2009 AS INST. NO. 2009000109534, OFFICIAL RECORDS OF SAID COUNTY AND A PORTION OF THE TIDE LAND LOCATION NO. 137 AS DESCRIBED IN THE QUITCLAIM DEED RECORDED JANUARY 25, 2007 AS INST.NO. 20070000052124, OFFICIAL RECORDS OF SAID COUNTY AND SHOWN ON RECORD OF SURVEY NO. 2002- 1090 RECORDED IN BOOK 193, PAGE 47 OF RECORDS OF SURVEY, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY AND A PORTION OF FIRST STREET AND MARINA DRIVE, PUBLIC ROADWAYS DESCRIBED AS FOLLOWS: ALL OF PARCELS 1, 4, 5 AND 6 OF SAID CERTIFICATE OF COMPLIANCE NO 2009-01 AND PARCEL 2 OF SAID CERTIFICATE OF COMPLIANCE 2009-01 EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID PARCEL 2; THENCE ALONG THE NORTHWESTERLY LINE OF SAID PARCEL NORTH 55°46'12" EAST 101.79 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTHWESTERLY LINE NORTH 55°46'12" EAST 93.68 FEET TO THE BEGINNING OF A NONTANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 328.00 FEET,A RADIAL BEARING TO SAID CURVE BEARS NORTH 64°39'39"WEST;THENCE SOUTHWESTERLY 19.23 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 03°21'33";THENCE SOUTH 21°58'48"WEST 39.92 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 778.00 FEET; THENCE SOUTHWESTERLY 18.71 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 01°22'41"'THENCE NONTANGENT NORTH 68°01'12"WEST 51.76 FEET TO THE TRUE POINT OF BEGINNING. TOGETHER WITH THAT PORTION OF THE TIDE LAND LOCATION NO. 137, IN THE CITY OF _SEAL BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS DESCRIBED IN THE QUITCLAIM DEED RECORDED JANUARY 25, 2007 AS DOCUMENT NO 2007-000052124 OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AS SHOWN ON RECORD OF SURVEY NO. 2002-1090 RECORDED IN BOOK 193, PAGE 47 OF RECORDS OF SURVEY, IN THE OFFICE OF SAID COUNTY RECORDER, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF PARCEL 2 OF SAID CERTIFICATE OF COMPLIANCE 2009-01; THENCE ALONG THE NORTHWESTERLY LINE OF SAID PARCEL NORTH 55°46'12" EAST 101.79 FEET; THENCE NORTH 68°01'12"WEST 58.91 FEET TO THE NORTHWESTERLY LINE OF THE LAND DESCRIBED IN THE QUITCLAIM DEED RECORDED JANUARY 25, 2007 AS DOCUMENTED NO. 2007-000052124 OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, ALSO SAID LINE BEING THE SOUTHEASTERLY LINE OF THE LOS ANGELES COUNTY FLOOD CONTROL CHANNEL, SAME BEING A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 2000.00 FEET, A RADIAL BEARING TO SAID POINT BEARS NORTH 68°21'13"WEST;THENCE ALONG SAID NORTHWESTERLY DEED LINE THE FOLLOWING TWO COURSES: 1. NONTANGENT SOUTHWESTERLY 82.02 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 02°20'59"; 2. THENCE NONTANGENT SOUTH 19°00'21"WEST 2.61 FEET TO THE POINT OF BEGINNING. AND PARCEL 3 OF SAID CERTIFICATE OF COMPLIANCE 2009-01 EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS: • BEGINNING AT THE MOST NORTHERLY CORNER OF SAID PARCEL 3;THENCE • SOUTHEASTERLY ALONG THE SOUTHWESTERLY RIGHT-OF-WAY OF MARINA DRIVE AS SHOWN ON SAID CERTIFICATE OF COMPLIANCE 2009-01, SOUTH 43°01'03" EAST, 34.37 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT ALSO BEING THE BEGINNING OF TANGENT CURVE, CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 940.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE AND RIGHT-OF-WAY, THROUGH A CENTRAL ANGLE OF 3°51'23", AN ARC DISTANCE OF 63.27 FEET TO A NON-TANGENT POINT IN THE MOST EASTERLY LINE OF SAID PARCEL 3. A RADIAL BEARING TO SAID POINT BEARS NORTH 43°07'34" EAST. THENCE SOUTHEASTERLY ALONG SAID LINE, SOUTH 04°04'51" EAST, 3.39 FEET; THENCE NORTH 43°01'03"WEST, 65.85 FEET TO THE • TRUE POINT OF BEGINNING. AND THAT PORTION OF FIRST STREET, A PUBLIC ROADWAY, DESCRIBED AS FOLLOWS: BEGINNING AT AFOREMENTIONED POINT"A"; THENCE NORTH 32°17'25" EAST, 379.60 FEET ALONG A LINE PARALLEL TO AND 30.00 FEET NORTHWESTERLY OF THE CENTERLINE OF FIRST STREET AS SHOWN ON SAID CERTIFICATE OF COMPLIANCE 2009-01; THENCE NORTH 05°21'49"WEST, 30.54 FEET; THENCE NORTH 43°01'03"WEST, 40.15 FEET TO A POINT IN THE MOST EASTERLY LINE OF PARCEL 3 OF SAID CERTIFICATE OF COMPLIANCE NO. 2009-01;THENCE SOUTHEASTERLY ALONG SAID - LINE, SOUTH 04°04'51" EAST, 29.50 FEET TO A POINT IN THE SOUTHEASTERLY LINE OF SAID PARCEL 3; THENCE SOUTHWESTERLY ALONG SAID LINE, SOUTH 25°22'45"WEST, 332.42 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 10.872 ACRES, MORE OR LESS. ALL AS SHOWN ON EXHIBIT"A-1"ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. • LANG PREPARED BY /5 SG *, No. 5411 ifl Jam. ExP. 9/30/12 ; * /'�iIL . CFCAL\O Me CO '4 f V. CASE,L.S.No.5411 EXHIBIT "A= 199 SITE MAP DWP SPECIFIC PLAN AREA . N70'42'12'W R _ 1468'21'13"W (R) .---' 45546"\—— — — 00.5$ • /1i jf ~ rye \ / , \ / \\zA/41%\----..\\.i.ct.,.\\ .t‘ ,,,. t\ ,, .0 o O� 1p� / N V=im c9\•• N. T. S. ��, a ti C5VOO°O, ■ C N'NONO 1. � V h k. ,, 00 h o) n�O o3 c,► o \� '`. <2T.- ' , .00q p��O 'yam v \j �+c,� ✓ \• i �G ^° .8% o o' . '( \ \ • 4?) 4) N 00 2 2 X06 40)/\ j%% N/ .0105 .50. . \ „ 4 Z \It . DWP SITE °b�Z \ �1®.872 AC. �W ' \ \ �; , / \ /„,..A 4.4e e 03. 7.- =3\ 43 ./ 6\ C3 '''' \ \\ \ \ YZ.'' \ ' / r . . ,-,/q,IN;1:101)t, r\\N /9.4 '4\/< \ \\ \>)"\ \ °�l_\ \ \ / :-/.• \\\ \\\) \ \\\\ \ \ , S� `5Z-. <r”. c / ,-)\\ \ \ \\ \ \ Y ,/ e‘vg.V. .(C‘ 0, ); a y O� / / / \\ \ ��' \C/��. No. 541'i. r, \ / 1 s0 /- 9-b / /\�\ / / /�� \\�/ ���"�' Exp.9/30/12 ') `1:?,.,,(5 , ,74".0' r ,\ 4,\c/ V 47 O r . / // // / / \ / �9 -1 ?-12-/��//// �// /�,� V. CASE L.S. 5411 PREPARED IN THE OFFICE OF: TY OF SEAL BEACH Case Land Surveylll g, Inc. SITE MAP - DWP SPECIFIC PLAN AREA SHEET Surveying Mapping GPS Services 614 Eckhoff St. CERTIFICATE OF COMPLIANCE NO, OF Orange, CA. 92868 Tel (714) 628-8948 2009-01, RCRD 3/10/2009, INSTR. JOB N Fax(714) 628-8905 2009000109534, COUNTY OF ORANGE, 11-SEA-791 STATE OF CALIFORNIA. EXHIBIT B MAP OF PROJECT (LAND USE DEVELOPMENT PLAN) 4118092 v3 B-1 I'VE ' \ ' --) i. 1 . i ` I ► I' \ \___4 —_ Taal1S 0,-, CO- —- I _ 1 i p m 1 \Sn9‘'‘' jjiiIiiIL� N 1 i� , ` g 11 ^ CO n `1 }._ Q' a ---.. \ j t---- 33ei1 8��- -- _�—SeMlei}uao W ^0 W j a) N a) ^' Q -C a) , — U p V�J( ai U 0 0 L_ O CO U \ a) d r (B al ED N y co 'L°` ,, C, l • °) N ^ i i -o a) N U C C -O r C �p W a)P. ca a) C ..' O U CL > C 0 T .3.= N O 'a O a T.. O N U > Y a) 2 y L _o ra CU 0 N .• C C fa N , c tO 00 \ ...J"' E -- cod) yC C a) N. 3 E CV O)3 N O .> I 2 I, 3. � Y j i_ C rn` °r N E N V y L g 2 O = 3 N co–0 O i — co L I -----. ,0,-0 of 7 N C N t- O al Cs4 T T O –U J _ N n 'P(75 O > O C 2, ' P. Yc xcuc a O m a) a) — to iU m i o 0 3 l C C V C N 2 N itt a C▪ L -N O >-a) D_ 'O y)5 E (�t T N >-O n .0 U NN N E w-c E 7 C.N aU j 3 N'V N a)T O E C w >C m_ N O 00 E r ai C a.) 0_0 44 a) C a) F- c N C ..3 E J 2 w C N N O a) 8) N p E N m O O N U 2 U)- — — LL C E a) co N >` J N E U) N$ >i (7 C Z O N ._-- EXHIBIT C LEGAL DESCRIPTION OF RESIDENTIAL AREA #118092 v3 C-1 EXHIBIT "C4" LEGAL DESCRIPTION "PROPOSED RESIDENTIAL PROJECT AREA" LOT"D" LOTS 1, 2 AND 3 IN BLCOK 100 OF TRACT NO. 698, IN THE CITY OF SEAL BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 31, PAGE 27 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. SAID LAND IS INCLUDED WITHIN THE AREA SHOWN ON A MAP FILED IN THE OFFICE OF • THE COUNTY RECORDER OF SAID ORANGE COUNTY, IN BOOK 90, PAGES 23 TO 30 INCLUSIVE OF RECORD OF SURVEY. LOT"E" THAT PORTION OF TIDE LAND LOCATION NO. 137 (SURVEY NO. 106)AS PATENTED BY THE STATE OF CALIFORNIA ON FEBRUARY 12, 1901 AND RECORDED APRIL 27, 1901 IN BBOK 9, PAGE 105 OF PATENTES, RECORDS OF LOS ANGELES COUNTY AND RECORDED SEPTEMBER 5, 1905 IN BOOK 1, PAGE 231 OF PATENTES, RECORDS OF ORANGE COUNTY DESCRIBED AS FOLLOWS: BEGINNING AT THE STATION 49 OF THE BOUNDARY SURVEY OF THE RANCHO LOS ALAMITOS, AS PER MAP RECORDED IN BOOK 1, PAGES 460, 461 AND 462 OF PATENTS OF SAID LOS ANGELES COUNTY;THENCE ALONG SAID BOUNDARY NORTH 65°00' 00" WEST 230.47 FEET TO A LINE PARALLEL WITH AND 200.00 FEET NORTHEWESTERLY FROM THE RANCHO LINE BETWEEN BOUNDARY STATIONS 49 AND 50;THENCE ALONG SAID PARALLEL LINE NORTH 54°48' 00" EAST 1226.40 FEET TO A LINE PARALLEL WITH AND 30.00 FEET SOUTHWESTERLY FROM THE SOUTHWETERLY LINE OF THE 200 FOOT STRIP OR LAND DESCRIBED IN QUITCLAIM DEED TO THE PACIFIC ELECTRIC RAILWAY COMPANY RECORDED FEBRUARY 21, 1924 IN BOOK 514, PAGE 44 OF DEEDS OF SAID ORANGE COUNTY; THENCE ALONG SAID SOUTHWESTERLY LINE SOUTH 42° 15' 00" EAST 201.52 FEET TO SAID RANCHO LINE;THENCE SOUTH 54°48' 00"WESTE 1136.60 FEET TO THE POINT OF BEGINNING. EXCEPT THEREFROM THAT PORTION LYING NORTHEASTERLY OF THE LAND CONVEYED TO THE STATE OF CALIFORNIA FOR HIGHWAY PURPOSES RECORDED IN BOOK 426, PAGE 378 OF DEEDS, OFFICIAL RECORDS OF SAID ORANGE COUNTY, AND SUBSEQUENTLY RELIQUISHED TO THE CITY OF SEAL BEACH BY INSTRUMENT RECORDED IN BOOK 700, PAGE 260 OF OFFICIAL RECORDS OF SAID COUNTY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE BOUNDARY LINE BETWEEN STATIONS 49 AND 50 OF SAID RANCHO LOS ALAMITOS DISTANT NORTH 54°48' 00" EAST 213.27 FEET FROM SAID STATION 49; THENCE NORTH 43°56' 00"WEST 202.36 FEET TO A LINE PARALLEL WITH AND DISTANT NORTHWESTERLY 200.00 FEET FROM SAID BOUNDARY LINE;THENCE NORTH 54°48' 00" EAST 80.94 FEET ALONG SAID PARALLEL LINE; THENCE SOUTH 43° 56' 00" EAST 202.36'FEET TO SAID BOUNDARY LINE; THENCE SOUTH 54°48' 00"WEST 80.94 FEET ALONG SAID BOUNDARY LINE TO THE POINT OF BEGINNING. SAID LAND IS INCLUDED WITHIN THE AREA SHOWN AS PARCEL A IN LICENSE SURVEYORS MAP OF THE TIDELANDS EAST OF NAPLES FILED IN BOOK 2, PAGES 47 AND 48 OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF ORANGE. LOT"F" THAT PORTION OF THE SOUTH HALF OF SECTION 11, TOWNSHIP 5 SOUTH, RANGE 12 WEST, INCLUDED WITHIN LOT C-1 OF THE RANCHO LOS ALAMITOS, IN THE CITY OF . SEAL BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAPS 1 AND 2 FILED IN DECREE OF PARTITION IN THE SUPERIOR COURT OF CALIFORNIA IN AND FOR THE COUNTY OF LOS ANGELES, CASE NO. 13527, A CERTIFIED COPY OF THE FINAL DECREE OF SAID CASE HAVING BEEN RECORDED FEBRUARY 2, 1891 IN BOOK 14, PAGE 31 OF DEEDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT STATION 49 OF SAID RANCHO LOS ALAMITOS; THENCE NORTH 54°42' 05" EAST 213.27 FEET ALONG THE WESTERLY BOUNDARY OF SAID RANCHO TO THE SOUTHWESTERLY LINE OF MARINA DRIVE, AS DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA, RECORDED IN BOOK 436, PAGE 107 OF DEEDS OF SAID ORANGE COUNTY;THENCE ALONG SAID SOUTHWESTERLY LINE SOUTH 44°02" EAST 33.50 FEET TO THE BEFINNING OF A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 940 FEET; THENCE SOUTHEASTERLY 123.71 FEET ALONG SAID CURVE TO THE NORTHEASTERLY PROLONGATION OF THE NORTHWESTERLY LINE OF FIRST STREET, AS SHOWN ON A MAP OF BAY CITY RECORDED IN BOOK 3, PAGE 19 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE SOUTH 31° 17' 50"WEST 137.49 FEET ALONG SAID PROLONGATION TO THE SOUTHWESTERLY LINE OF SAID LOT C-1; THENCE NORTH 65°02' 10"WEST 240.00 FEET TO THE POINT OF BEGINNING. LOT"G" BLOCK"C" OF BAY CITY, IN THE CITY OF SEAL BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 3, PAGE 19 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AND THAT PORTION OF LOT A-2, IN THE RANCHO LOS ALAMITOS INCLUDED WITHIN SAID CITY OF SEAL BEACH, AS SHOWN ON MAP NO. 1 FILED IN DECREE OF PARTITION IN THE SUPERIOR COURT OF LOS ANGELES COUNTY, CALIFRONIA, CASE NO. 13527, A CERTIFIED COPY OF THE FINAL DECREE OF SAID CASE HAVING BEEN RECORDED FEBRUARY 2, 1891 IN BOOK 14, PAGE 31 OF DEEDS OF SAID ORANGE COUNTY, LYING WESTERLY OF SAID BOCK"C" AND LYING NORTHERLY OF THE WESTERLY PROLONGATION OF THE SOUTHWESTERLY LINE OF SAID BLOCK"C". • ALSO EXCEPT THAT PORTION THEREOF INCLUDED WITHIN TRACT 698,AS PER MAP RECORDED IN BOOK 31, PAGE 27 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. • ALSO EXCEPT THAT PORTION THEREOF LYING SOUTHEASTERLY AND WESTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE SOUTHEASTERLY LINE OF SAID BLOCK"C"OF BAY CITY, BEING 60.20'SOUTHERLY FROM THE MOST SOUTHERLY POINT OF THE LAND INCLUDED IN THE FINAL ORDER OF CONDEMNATION RECORDED MARCH 23, 1977 IN BOOK 12115, PAGE 201, OF OFFICIAL RECORDS;THENCE NORTH 58°53' 38"WEST, 321.92 FEET; THENCE NORTH 76°07'33"WEST, 88.88 FEET; THENCE NORTH 16°24' 59" EAST, 179.66 FEET;THENCE NORTH 13°52' 27" EAST, 74.66 FEET TO A POINT IN THE NORTHEASTERLY LINE OF SAID BLOCK"C" DISTANT NORTH 65° 00' 00"WEST, 238.07 FEET FROM STATION 49 OF THE RANCHO LOS ALAMITOS AS SHOWN ON SAID MAP OF BAY CITY. • • • ALL AS SHOWN ON EXHIBIT"A"ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. PREPARED BY: . `( V !�o S��4 � . 0 ` No. 5411 , f L.It -' V. CASE, L.S. No. 5411 (S1)• Exp.9130112 =� %, • • • • EX 1I T "A" \ \ / /\---- E 29-.0a%''y \ N. T. S. / '4a '" \06 i- ..z. 6%,\ LA 14) i 6b,, ,iSi AP' Itt / PP z s Toi z \ 101 / O- � ° £, � ° ° .(4, L6‘ \ w/ P .Nth / \ 213 "/ / °-osau \ / 4 O '36'-') I Aj ZOT ,, G'1 ca o°>- / Ate. \� F V0� ��- \ �o - il \o 3 6so ?spit' 510 II IJN o00 2\°. \ N n A Os Nj •88 0 T- O (A T` ,\� •A hl ___.; o/ ?� O� - \a r tr 151 Dc \ __I\ Oy W 06 ti O \ fib' / sue' ° \ `/ / LP 2 `D o c,, /'Q LAND S Of BpY c1�' •`��- d °' V %��g�GY V. U�L� BtoOK O QP. / / '--() �� O POR• 319 �, No. 5411 NO' .11� � 4�' / �'\\:::. 9/30/12 * CA • . . 6, - 17412- •R'Y/V. CASE L.S. 5411 P R E P A R E D ArTHE OFFICE OR C TY OF SEAL BEACH Case land Surveyln4; Inc. PROPOSED RESIDENTIAL PROJECT AREA : SHEET •Surveying Mapping GPS Services 614 Eckhoff St. POR. OF BLOCK C, BAY CITY MAP BK 3, OF 1 Tel (714) 628-8948 9-898 PG. 19, OF MAPS, & POR. LOTS 1, 2 & Tel (714) 628-8948 JOB No Fax(714) 628-8905 3 TR 698, MM 31/27 COUNTY OF 11-SEA-791 ORANGE, STATE OF CALIFORNIA. EXHIBIT D LEGAL DESCRIPTION OF OPEN SPACE #118092 v3 D-1 EXHIBIT "D" LEGAL DESCRIPTION "OPEN SPACE" LOT"A" THAT PORTION BLOCK"B" OF BAY CITY, IN THE CITY OF SEAL BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 3, PAGE 19 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY LYING NORTHWESTERLY OF THE SOUTHWESTERLY PROLONGATION OF THE SOUTHEASTERLY LINE OF FIRST STREET AS SHOWN ON SAID MAP. EXCEPT THAT PORTION THEREOF LYING NORTHEASTERLY OF THE SOUTHWESTERLY LINE OF OCEAN AVENUE AS DESCRIBED IN THE DEED TO SAID CITY RECORDED JANUARY 23, 1932 IN BOOK 536, PAGE 49 OF OFFICIAL RECORDS. ALSO EXCEPT THAT PORTION THEREOF LYING SOUTHERLY AND SOUTHWESTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT OF INTERSECTION OF THE SOUTHEASTERLY LINE OF FIRST STREET AND THE SOUTHWESTERLY LINE OF OCEAN AVENUE AS SAID STREETS ARE SHOWN ON THE MAP OF SAID BAY CITY; THENCE ALONG THE SOUTHWESTERLY PROLONGATION OF SAID SOUTHEASTERLY LINE OF.FIRST STRET 273.93 FEET TO THE TRUE POINT OF BEGINNING;THENCE NORTH 58°54'WEST 55.32 FEET;THENCE NORTH 22°51'00"WEST 366.64 FEET;THENCE NORTH 24°31' 00" EAST 78.78 FEET TO THE SOUTHWESTERLY LINE OF OCEAN BOULEVARD, AS SHOWN ON SAID MAP. LOT`B" THAT PORTION OF BLOCK"B"TOGETHER WITH THAT PORTION OF"OCEAN AVE."A STREET, IN THE BAY CITY TRACT, IN THE CITY OF SEAL BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 3, PAGE 19 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY LYING WESTERLY OF THE SOUTHERLY PROLONGATION OF THE EASTERLY LINE OF • BLOCK"C"OF SAID BAY CITY TRACT DESCRIBED AS FOLLOWS: • BEGINNING AT THE POINT OF INTERSECTION OF THE SOUTHWESTERLY PROLONGATION OF THE NORTHWESTERLY LINE OF FIRST STREET, AS SHOWN ON SAID MAP,WITH THE NORTHEASTERLY LINE OF SAID BLOCK"B"; THENCE NORTH 31° 17' 22" EAST 80.11 FEET ALONG SAID SOUTHWESTERLY PROLONGATION TO THE MOST • SOUTHERLY CORNER OF SAID BLOCK"C"; THENCE NORTH 55°43' 00"WEST 318.40 FEET ALONG THE SOUTHWESTERLY LINE OF SAID BLOCK"C"TO THE EASTERLY LINE OF THE LAND DESCRIBED IN THE DEED TO LOS ANGELES COUNTY FLOOD CONTROL DISTRICT RECORDED MAY 20, 1933 IN BOOK 612, PAGE 317 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY;THENCE SOUTHERLY ALONG THE SOUTHERLY PROLONGATION OF SAID EASTERLY LINE, ALONG THE SEAL BEACH BOUNDARY AGREEMENT NO. 2, RECORDED APRIL 8, 1968 IN BOOK 8565, PAGE 1 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY TO THE NORTHERLY TERMINUS OF THE AGREEMENT LINE BETWEEN THE STATE LANDS COMMISSION AND THE CITY OF SEAL BEACH AND THE CITY OF LOS ANGELES RECORDED AUGUST 9, 1967 IN BOOK 8336 PAGE 954 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY; THENCE SOUTH 24°31' 00"WEST 60.00 FEET ALONG LAST SAID AGREEEMENT LINE TO THE SOUTHWESTERLY CORNER OF THE LAND DESCRIBED IN THE DEED TO THE CITY OF SEAL BEACH RECORDED JANUARY 23, 1932 IN BOOK 536, PAGE 49 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY; THENCE SOUTH 67°06'27" EAST 297.06 FEET ALONG THE SOUTHERLY LINE OF SAID LAND OF THE CITY OF SEAL BEACH , SAID SOUTHERLY LINE BEING THE SOUTHERLY LINE OF OCEAN AVENUE AS SET FORTH IN RESOLUTION NO. 197 BY THE TRUSTEES OF THE CITY OF SEAL BEACH AND RECORDED IN BOOK 536, PAGE 49 OF OFFICIAL RECORDS, TO THE POINT OF BEGINNING. A PORTION OF SAID OCEAN AVENUE WAS VACATED UPON APPLICATION OF THE BAYSIDE LAND COMPANY AND ACTION OF THE TRUSTEES OF THE CITY OF SEAL BEACH RECORDED AUGUST 18, 1914 IN MINUTE BOOK 11 AT PAGE 51. LOT"C" BLOCK"C" OF BAY CITY, IN THE CITY OF SEAL BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 3, PAGE 19 OF MISCELLANEOUS MAPS, ' IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AND THAT PORTION OF LOT A-2, IN THE RANCHO LOS ALAMITOS INCLUDED WITHIN SAID CITY OF SEAL BEACH, AS SHOWN ON MAP NO. 1 FILED IN DECREE OF PARTITION IN THE SUPERIOR COURT OF LOS ANGELES COUNTY, CALIFRONIA, CASE NO. 13527, A CERTIFIED COPY OF THE FINAL DECREE OF SAID CASE HAVING BEEN RECORDED FEBRUARY 2, 1891 IN BOOK 14, PAGE 31 OF DEEDS OF SAID ORANGE COUNTY, LYING WESTERLY OF SAID BOCK"C" AND LYING NORTHERLY OF THE WESTERLY PROLONGATION OF THE SOUTHWESTERLY LINE OF SAID BLOCK"C". EXCEPT FROM THE ABOVE DESCRIBED PORTION OF SAID LOT A-2 THAT PORTION THEREOF LYING WESTERLY AND SOUTHERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT NORTH 65°00' 00"WEST, 330.00 FEET FROM STATION NO.49 OF THE PATENT BOUNDARY LINE OF THE RANCHO LOS ALAMITOS, BEING IN THE NORTHEASTERLY LINE OF SAID BLOCK"C"AND ON THE EASTERN SHORE OF THE INLET FROM THE PACIFIC OCEAN TO ALAMITOS BAY; THENCE SOUTH 12°00' 00"WEST, 547.80 FEET; THENCE SOUTH 6°00' 00"WEST, 69.95 FEET;THENCE SOUTH 29° 15' 00" EAST, 38.72 FEET TO THE POINT OF INTERSECTION WITH THE NORTHEASTERLY LINE OF OCEAN AVENUE, AS SHOWN ON AFORESAID MAP OF BAY CITY;THENCE SOUTH 55° 43' 00" EAST,ALONG SAID LINE OF OCEAN AVENUE 322.47 FEET TO THE SOUTHEASTERLY CORNER OF SAID BLOCK"C". ALSO-EXCEPT THAT PORTION THEREOF LYING NORTHEASTERLY AND EASTERLY OF THE FOLLOWING DESCRIBED LINE: -BEGINNING AT THE SOUTHEASTERLY LINE OF SAID BLOCK"C"OF BAY CITY, BEING 60.20'SOUTHERLY FROM THE MOST SOUTHERLY POINT OF THE LAND INCLUDED IN THE FINAL ORDER OF CONDEMNATION RECORDED MARCH 23, 1977 IN BOOK 12115, PAGE 201, OF OFFICIAL RECORDS; THENCE NORTH 58°53' 38"WEST, 321.92 FEET; . THENCE NORTH 76°07' 33"WEST, 88.88 FEET; THENCE NORTH 16°24' 59" EAST, 179.66 FEET;THENCE NORTH 13°52' 27" EAST, 74.66 FEET TO A POINT IN THE NORTHEASTERLY LINE OF SAID BLOCK"C"DISTANT NORTH 65°00' 00"WEST, 238.07 FEET FROM STATION 49 OF THE RANCHO LOS ALAMITOS AS SHOWN ON SAID MAP OF BAY CITY. ALL AS SHOWN ON EXHIBIT"B"ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. — • PREPARED Y: 4' Y VD` (14,7 . 0 C -/ 712, 1— No. 5411 L -RY V. CASE, L.S. No. 5411 Exp. 9/30/12 r; tp • �F CAL�F° , • • EX ' I 11:lT 99 y1, 99 4, % N06 ?h °0- X0231`, c 1 a, .•� ^� 4� ' S- 4, /./ � r$25 �Q Q `�, o- � O - o 'A5. N. T. S. .43' N-/\ It ° Ci o o° eta 1,01 ‘01 P/Z/j(5%.6. 2c)1 _° QOR 3‘ -I- ="ev ZQT ,�, 2s�s LA- 20 0• to N • 0 0�`A 4) o oi W o� oo gpY CO' �?9 ti° O R. of [�' 6o• N GK C NpRON o� POR 319 4 OF GONO2�5. PG c M.M• pER el( ,�\ , �ti a el.?' oto- 3/23/��� �(1%x oo 4' mss 0C• RE O.R. o• cb to 0 7 2O p Os ti�l T �` c .To. ��ti LAND U 6 00., e'��-�' `mot' �'5\ S�OIpti V. C �li ��, Qom- •f�F .7A (v`� - `�s 0,c -o v EC‘ O NO. 5411 Z " �0 ' �= 9)N C � 06%, En 2 2o. _ Exp.9/30/12 c5 so ts <15 7th 66 co 0 2 1� •0. ," cf. SS -.11 - Oa,. A Y V. CASE L.S. 5411 PREPARED INTHEOFFICEOF• ITY OF SEAL BEACH • Case Land Surveyth ', Inc, CITY PARCEL SHEET Surveying Mapping GPS Services 614 Eckhoff St. POR. OF BLOCKS B, C AND OCEAN AVE. OF 1 Orange, CA. 92868 Tel (714) 628-8948 OF BAY CITY IN BOOK 3, PAGE 19, OF JOB No. Fax(714) 628-8905 MAPS, COUNTY OF ORANGE, STATE OF CALIFORNIA. 11-SEA-791 EXHIBIT E LEGAL DESCRIPTION OF CITY PROPERTY AT MARINA DRIVE AND FIRST STREET #118092 v3 E-1 . i 2 EXHIBIT "E" 3 DESCRIPTION:- - d THOSE PORTIONS OF THE SOUTHWEST QUARTER OF SECTION 11, TOWNSHIP 5 b SOUTH, RANGE 12 WEST IN THE RANCHO LOS ALAMITOS AS PER MAP FILED IN DECREE OF PARTITION IN Tt{C SUPERIOR COURT OF LOS ANGELES COUNT , .• 6 , CALIFORNIA CASE NO. 13527, A CERTIFIED COPY OF THE FINAL DECREE OF SAID CASE HAVING BEEN RECORDED FEBRUARY 2, 1891 IN BOOK 14 PAO. 7 31 OF DEEDS OF SAID ORANGE COUNTY, CALIFORNIA, OF LOTS 1, 2 AND 3 BLOCK 100, TRACT' NO. 698 AS PER •FLAP RECORDED IN BOOK 31 PAGE. 27 0 8 MISCELLANEOUS MAPS RECORDS OF SAID ORANGE COUNTY AND OF BLOCK "C" ' BAY CITY AS PER MAP RECORDED IN'BOOK 3 PAGE 19 OF MISCELLANEOUS ' 9• MAPS, RECORDS OP SAID ORANGE •COUNTY, ALL IN THE CITY OF SEAL.BEACI , COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS A WHOLE AS 10 FOLLOWS: • • - • II. BEGINNING AT THE MOST EASTERLY CORNER OF THE LAND DESCRIBED IN PA•T 3 OF EXHIBIT A-I IN A DEED'TO THE CITY OF LOS ANGELES, CALIFORNIA t 12 RECORDED IN BOOK 8.69 PAGE 1 OF OFFICIAL RECORDS; THENCE SOUTH 31° . 17' 22" WEST 347.06 FEET ALONG THE SOUTHEAST BOUNDARY OF SAID LAN' Of . 13 THE CITY OF LOS ANGELES, THE SOUTHEAST BOUNDARY OF •SAID LOTS 1, 2 AND 3 AND THE SOUTHEAST BOUNDARY DF SAID BLOCK "Ctt; THENCE NORT 14 249 22' 42" EAST 332.E+2 FEET; THENCE NORTH 05° 38' 24't WEST 33.18 FEET TO A POINT- ON THE NORTHEAST BOUNDARY OF SAID LAND OF THE CIT . 15 OF LOS ANGELES SAID POINT BEING ON A CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 940.00 FEET A RADIAL FROM SAID POINT BEARS NORTH . 16 42° 07' 31" EAST; THENCE ALONG SAID CURVE AND THE BOUNDARY OF SAtD . LAND OF THE CITY OF LOS ANGELES SOUTHEASTERLY 60.68 FEET TO THE . 17 POINT OF BEGINNING. . - 18 SAID LAND IS INCLUDED WITHIN THE AREA SHOWN ON A MAP FILED IN THE 19 OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, IN BOOK 90 , PAGE 23 TO 30 INCLUSIVE OF RECORD OF SURVEYS, 20 • - 21 . .• 22 • • .. ....�. , . ,4. - 23 . t: - r 24 r j i t. mrnoit�•L fl:t.ce • cAYa ;3,ri •R,C' %fizz,_...... 25 / AP:c.tri►.0 - UM-CZ•C_ I u i.'q•26 vf . ' `./y5 1 • - /' Dv . 27 - / 28 1/, . • K-1 -5. ' • • .. , lr' ., + .:%. J 4 a e '* X 5 ' '1 ..�-. °H " iQ 4w f a d , . . -. • . id §411 ii.-J • ti� . i •S _ ' a d 0 Q. � .ct p q CO N • • ell a• .. , • ;; 0 .9 !.7. I . . • • cat t? m hi ,• # r . � • . . . t. . . 10 4. • • r' 1 _ . 0 4,311 #E, a,.... /Id 4 r) • 1 • •e• . i' • EXHIBIT F "THE DRIVEWAY PARCEL" #118092 v2 E-2 EXHIBIT F DRIVEWAY PARCEL A STRIP OF LAND 40.00 FEET WIDE IN BLOCK B OF BAY CITY,IN THE CITY OF SEAL BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, PER MAP RECORDED IN BOOK 3, PAGE 19 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, THE SOUTHEASTERLY LINE OF WHICH STRIP OF LAND IS DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE EXTENSION OF THE SOUTHEASTERLY LINE OF FIRST STREET AND THE SOUTHWESTERLY LINE OF OCEAN AVENUE AS SAID STREETS ARE SHOWN ON THE MAP OF SAID BAY CITY; THENCE, NORTH 54°44'12" WEST, 13.95 FEET ALONG THE SOUTHWESTERLY LINE OF OCEAN AVENUE AS SHOWN ON RECORD OF SURVEY NO. 2002-1090 FILED AS INSTRUMENT NO.2003000516244 IN BOOK 193,PAGE 47 OF RECORDS OF SURVEY IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, STATE OF CALIFORNIA, TO THE TRUE POINT OF BEGINNING, SAID POINT ALSO BEING AT THE INTERSECTION OF A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 500.00 FEET WITH A RADIAL TO SAID CURVE AT SAID POINT BEARING NORTH 58°15'19" WEST; THENCE, SOUTHWESTERLY, 106.15 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 12°09'49" TO A POINT OF COMPOUND CURVE WITH A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 200.00 FEET, A RADIAL THROUGH SAID POINT OF COMPOUND CURVE BEARING NORTH 46°05'30" WEST; THENCE, SOUTHWESTERLY, 22.35 FEET ALONG SAID 200.00-FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 6°24'07"TO A POINT OF TANGENCY WITH A LINE BEARING SOUTH 50°18'37" WEST; THENCE, SOUTH 50°18'37"WEST ALONG SAID TANGENT LINE 42.77 FEET TO A POINT OF TANGENCY WITH A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 90.00 FEET; THENCE, SOUTHWESTERLY, 17.98 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 11°26'52" TO A POINT OF REVERSE CURVE WITH A CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 400.00 FEET, A RADIAL THROUGH SAID POINT OF REVERSE CURVE BEARING SOUTH 28°14'31" EAST; THENCE, SOUTHWESTERLY, 78.24 FEET ALONG SAID 400.00-FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 11°12'25" TO THE SOUTHWESTERLY LINE OF SAID RECORD OF SURVEY NO.2002-1090. THE NORTHWESTERLY LINE OF SAID 40.00-FOOT-WIDE STRIP SHALL BE LENGTHENED OR SHORTENED TO TERMINATE SOUTHWESTERLY IN THE SOUTHWESTERLY LINE OF SAID RECORD OF SURVEY AND NORTHEASTERLY IN THE SOUTHWESTERLY LINE OF SAID OCEAN AVENUE. CONTAINING 10,233 SQUARE FEET,MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT B ATTACHED HERETO AND MADE A PART HEREOF. DRIVEWAY EASEMENT EXHIBIT B go 3O' ', 1 ° o / SCALE: 1" = 50' °2 N I ��� 3 / NN N 58'15'19"W MAP OF BAY CITY (RAD) q cFq . N58'33'43"W POR. OF BLOCK B (RAD) - '_ 4 T.P.O B. �tiG °` M.M. 3 / 19 -1 -- - O :�Ao,-�- of a°N. . - . N N46'05'30"W _ _ N (RAD PCC) -__.- _ O N _ N © .. -N46`05'30"W-,._.� -(RAD-PCC) . S28'14'31"E O (RAD PRC) 6 0 N37'48'12"W _ o-_ (RAD) ' - 30 S28'14'31"E © -- = - 0 (RAD PRC) N3926'56"W • (RAD) 0 DELTA RADIUS LENGTH ❑ BEARING DISTANCE 1 12'09' 49' 500. 00' 106. 15' 1 S50' 18'37'W 42. 77' 2 6.24' 07' 200, 00' 22. 35' 2 N21'50'35'W 41. 78' 3 11'26' 52' 90. 00' 17. 98' 3 N50" 18'37'E 42. 77' 4 11' 12' 25' 400. 00' 78. 24' 4 S54'44' 12'E 40. 08' 5 9'33' 41' 440. 00' 73. 43' 5 S54.44' 12'E 13. 95' 6 11'26' 52' 50. 00' 9. 99' 7 6'24' 07' 160. 00' 17. 8B' 8 12'2B' 13' 460. 00' 100. 12'