HomeMy WebLinkAboutORD 1336 (2007)ORDINANCE NO. 1336
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, APPROVING DEVELOPMENT
AGREEMENT 06-002, AS DEFINED BY SECTION 65865.2
OF THE CALIFORNIA GOVERNMENT CODE, BETWEEN
THE CITY OF TUSTIN AND TUSTIN LEGACY COMMUNITY
PARTNERS, LLC. (THE DEVELOPER), A DELAWARE
LIMITED LIABILITY COMPANY PERTAINING TO
DEVELOPMENT OF THE PROPERTY LOCATED WITHIN
PLANNING AREAS 7-15 OF THE MCAS TUSTIN SPECIFIC
PLAN, TUSTIN, CALIFORNIA
The City Council of the City of Tustin does hereby ordain as follows:
SECTION 1. The City Council of the City of Tustin finds:
A. That Development Agreement (DA) 06-002 is proposed by Tustin Legacy
Community Partners, LLC. (the Developer), a Delaware limited liability
company;
B. That to strengthen the public planning process, encourage private
participation in comprehensive planning, and reduce the economic risk of
development, the California Legislature adopted the Development
Agreement Statute of the Government Code. Pursuant to the Statute, the
City may enter into an agreement with any person having a legal or
equitable interest in real property and to provide for the development of
such property and to establish certain development rights therein.
C. That the purpose of Development Agreement 06-002 is to give the
developer certain assurances that in return for Developer's commitment to
the comprehensive planning for the Property that is contained in the
Disposition and Development Agreement (DDA) and the Specific Plan, the
City will in turn remain committed to the DDA and the Specific Plan;
D. That the development and use of the Project in the future will provide
significant benefits to the community and promote the public health,
safety, and welfare for the following reasons, among others: (i)
development of the Project will generate tax revenues that can be used to
provide essential services to the community; (ii) development will put the
Project to productive use consistent with the objectives of the City's
General Plan and the MCAS Tustin Specific Plan; and (iii) development of
the Project will provide a long term source of employment opportunities for
local residents.
Ordinance No. 1336
Page 1 of 92
E. That a public hearing was duly noticed, called, and held on March 27,
2007, and April 10, 2007, and recommended that the City Council approve
Development Agreement 06-002.
F. That a public hearing was duly noticed, called, and held on April 3, 2007,
April 17, 2007, May 1, 2007, and June 5, 2007 by the City Council.
G. That on January 16, 2001, the City of Tustin certified the Program Final
Environmental Impact Statement/Environmental Impact Report (FEIS/EIR)
for the reuse and disposal of MCAS Tustin. On April 3, 2006, the City
Council adopted Resolution No. 06-43 approving an Addendum to the
Final Environmental Impact Statement/Environmental Impact Report for
the Disposal and Reuse of MCAS Tustin. The FEIS/EIR and its
Addendum is a program EIR under the California Environmental Quality
Act ("CEQA"). The FEIS/FEIR and its Addendum considered the potential
environmental impacts associated with development on the former Marine
Corps Air Station, Tustin;
H. The City prepared a comprehensive Environmental Checklist for the
Disposition and Development Agreement Amendment, DA 06-002 and
Zone Change 07-001 for the proposed project (Exhibit 1 of City Council
Resolution 07-33). The Environmental Checklist concluded that the
proposed project does not result in any new significant environmental
impacts, substantial changes or a substantial increase in the severity of any
previously identified significant impacts in the FEIS/EIR and Addendum.
Moreover, no new information of substantial importance has surfaced since
certification of the FEIS/EIR and Addendum.
I. That DA 06-002 is consistent with the objectives, policies, general land uses,
and programs specified in the Tustin General Plan, in that the proposed
project would implement the adopted MCAS Tustin Specific Plan.
J. That DA 06-002 is compatible with the uses authorized in the district in
which the real property is located in that the Developer intends to develop
the Property for residential and non-residential uses consistent with the
MCAS Tustin Specific Plan district regulations.
K. That DA 06-002 is in conformity with the public necessity, public
convenience, general welfare, and good land use practices in that the
proposed project would implement both the General Plan and the MCAS
Tustin Specific Plan goals and objectives.
L. That DA 06-002 will not be detrimental to the health, safety, and general
welfare in that the proposed development would comply with all applicable
Federal, State, and Local rules and regulations.
Ordinance No. 1336
Page 2 of 92
M. That DA 06-002 will not adversely affect the orderly development of property
in that the proposed development would comply with the MCAS Tustin
Specific Plan district regulations.
N. That DA will have a positive fiscal impact on the City in that development of
the Project will generate significant tax revenues that can be used to provide
essential services to the community.
SECTION 2. The City Council hereby approves Development Agreement 06-002 as
included in Exhibit 1 attached hereto and subject to final approval of the City
Attorney.
SECTION 3. If any section, subsection, sentence, clause, phrase or portion of this
ordinance is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this ordinance. The City Council of the City of Tustin hereby
declares that it would have adopted this ordinance and each section, subsection,
sentence, clause, phrase or portion thereof irrespective of the fact that any one or more
sections, subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
PASSED AND ADOPTED, at a regular meeting of the City Council for the City of
Tustin on this 19th day of June, 2007.
LOU BONE
Mayor
PAMELA STOKER
City Clerk
Ordinance No. 1336
Page 3 of 92
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
I, PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council of the City of
Tustin, California, hereby certify that the whole number of the members of the City
Council of the City of Tustin is five; that the above and foregoing Interim Ordinance was
passed and adopted at a regular meeting of the City Council held on the 19th day of
June, 2007, by the following vote::
COUNCILMEMBER AYES: Bone, Amante Davert, Kawashima, Palmer (5)
COUNCILMEMBER NOES: None (0)
COUNCILMEMBER ABSTAINED: None (0)
COUNCILMEMBER ABSENT: None (0)
PAMELA STOKER,
City Clerk
Ordinance No. 1336
Page 4 of 92
EXHIBIT 1 OF ORDINANCE NO. 1336
Development Agreement 06-002
Ordinance No. 1336
Page 5 of 92
CITY OF TUSTIN OFFICIAL BUSINESS
REQUEST DOCUMENT BE RECORDED
AND BE EXEMPT FROM PAYMENT OF
A RECORDING FEE PER
GOVERNMENT CODE 6103 AND 27383
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City of Tustin
300 Centennial Way
Tustin, California 92780
Attn: City Clerk
Space above this line for Recorder's Use Only
TUSTIN LEGACY DEVELOPMENT AGREEMENT
THIS TUSTIN LEGACY DEVELOPMENT AGREEMENT ("Agreement") is
entered into effective as of the day of , 2007 by and between the CITY OF
TUSTIN, a California municipal corporation ("CITY"), and TUSTIN LEGACY
COMMUNITY PARTNERS, LLC, a Delaware limited liability company ("DEVELOPER").
CITY and DEVELOPER are collectively referred to herein as the "Parties" and individually as a
"Party"
RECITALS
A. To strengthen the public planning process, encourage private participation in
comprehensive planning, and reduce the economic risk of development, the Legislature of the
State of California adopted the "Development Agreement Statute," Sections 65864, et seq., of
the Government Code. The Development Agreement Statute authorizes CITY to enter into an
agreement with any person having a legal or equitable interest in real property and to provide for
development of such property and to establish certain development rights therein. Pursuant to
the authorization set forth in the Development Agreement Statute, CITY has enacted procedures
for entering into development agreements which are contained in Tustin City Code Sections
9600 to 9619.
B. CITY, Tustin Public Financing Authority (the "Authority"), and DEVELOPER
entered into that certain Tustin Legacy Disposition and Development Agreement as of May 3,
2006 (the "DDA") pursuant to which CITY agreed to sell, and DEVELOPER agreed to buy and
develop, certain real property, all as more specifically set forth in the DDA.
Ordinance 1336.
Page 6 of 92
C. Pursuant to the DDA, DEVELOPER has an equitable interest in the Property (as
defined below) in that it has the contractual right to purchase from CITY for development, in
phases, the Property.
D. Pursuant to Section 1.7 of the DDA, CITY agreed to consider a future application
by DEVELOPER for a development agreement in accordance with Section b5864, et seq. of the
Government Code.
E. DEVELOPER has requested CITY to enter into a development agreement and
procedures have been taken in accordance with the rules and regulations of CITY.
F. Some of the public improvements and dedications to be provided as part of the
DDA and the Specific Plan, while necessary to serve the private development of the Property,
are also needed to serve the ultimate development of the Tustin Legacy according to the General
Plan and Specific Plan . Given the significance of some of these public improvements, CITY
has required DEVELOPER to assist in providing these public improvements pursuant to the
DDA in early phases of the development of the Property prior to the time they would otherwise
be required and also as necessary as an early investment by the DEVELOPER as anoff--set
against land value payments that would have otherwise been required by the DEVELOPER.
DEVELOPER is also willing to assist in providing public improvements whose capacities
exceed the needs created solely by the development of the Property. DEVELOPER is willing to
assist in providing these public improvements earlier than otherwise required for its private
development of the Property, and to ultimate sizes, only upon the assurance of CITY that
DEVELOPER will be able to complete its private development at least at the total density and
intensity of use set forth in the DDA and the Specific Plan. In this respect, the public
improvements and dedications called for as part of the DDA and the Specific Plan, together with
the private development portions at the ultimate density and intensity of use set forth in the DDA
and the Specific Plan, are dependent on one another, and together comprise an indivisible
project.
G. In accordance with the legislative findings set forth in Government Code
Section 65864, CITY wishes to attain certain public objectives that will be furthered by this
Agreement. This Agreement will provide for the orderly implementation of the General Plan of
CITY, and the phased development and completion of the Project in accordance with the DDA
and the Specific Plan. This Agreement will further a comprehensive planning objective
contained within the City's General Plan, which is:
"To promote an economically balanced community with complimentary and
buffered land uses to include industrial, commercial, professional, multi-family and
single-family development."
H. The DDA, the Specific Plan and the development under the DDA and the Specific
Plan require a substantial early investment of money and planning and design effort by
DEVELOPER. Without the protection provided by this Agreement, uncertainty that the Project
may be completed in its entirety could result in a waste of public resources, escalate the cost of
public improvements, and discourage DEVELOPER'S participation in the comprehensive traffic,
drainage, and other public improvements in the DDA and the Specific Plan. DEVELOPER's
2
Ordinance No. 1336
Page 7 of 92
participation in the implementation of the DDA and the Specific Plan will result in a number of
public benefits. These benefits require the cooperation and participation of CITY and
DEVELOPER and could not be secured without mutual cooperation in and commitment to the
comprehensive planning effort that has resulted in the DDA and the Specific Plan.
I. DEVELOPER wishes to avoid certain development risks and uncertainties that
would, in the absence of this Agreement, deter and discourage DEVELOPER from making a
long-term commitment to implement the DDA and the Specific Plan. These are as follows:
I . It is generally the law in California that, absent extraordinary
circumstances or the approval of a vesting subdivision map, an owner of the land does not obtain
a vested right to improve land until the issuance of a building permit for the improvements and
commencement of substantial construction pursuant to that permit. The result is a disincentive
for landowners to invest monies in the early completion of major infrastructure and other public
improvements as part of any project or in early comprehensive planning and design studies.
2. Development under the DDA and the Specific Plan requires a substantial
early investment of money and planning and design effort by DEVELOPER. Uncertainty about
CITY's land use policies, rules and regulations could result in a waste of private resources,
escalate the cost of required public improvements, and escalate costs of proposed housing and
other uses.
J. The following assurances are of vital concern to DEVELOPER to offset or
remove the disincentives and uncertainties set forth in Paragraph J above:
1. Assurance to DEVELOPER that, in return for DEVELOPER'S
commitment to the comprehensive planning for the Property that is contained in the DDA and
the Specific Plan, CITY will in turn remains committed to the DDA and the Specific Plan;
2. Assurances to DEVELOPER that as DEVELOPER becomes obligated for
the costs of designing and constructing the public improvements included in the DDA and the
Specific Plan, and makes dedications, DEVELOPER will become entitled to complete the
private development portions of the DDA and the Specific Plan that justify those obligations; and
3 Assurances to DEVELOPER that in CITY's administration of the DDA
and the Specific Plan, DEVELOPER will be allowed, consistent with the DDA and the Specific
Plan, to respond to the marketplace in terms of housing types and intensities, the development of
mixed uses, and reconfiguration of land uses, so long as in so doing overall intensity and density
of development, and the range of uses within sectors identified in the DDA and the Specific Plan
are not exceeded. These assurances provide for cooperation and participation of CITY and
DEVELOPER and could not be secured without mutual cooperation in and commitment to the
comprehensive planning effort that has resulted in the DDA and the Specific Plan.
K. California Government Code Sections 65864 et seq. authorize local agencies to
enter into binding development agreements with persons having legal or equitable interests in
real property for the development of such property. CITY wishes to enter into a development
agreement with DEVELOPER to secure the public benefits described above, and DEVELOPER
Ordinance No. 1336
Page 8 of 92
wishes to enter into a development agreement with CITY to avoid the development risks and
uncertainties and to obtain the assurances described above.
L. This Agreement is intended to be, and shall be construed as, a development
agreement within the meaning of the Development Agreement Statute. This Agreement is
intended to augment and further the purposes and intent of the parties in the implementation of
the DDA and the Specific Plan. This Agreement, as a device for the implementation of the DDA
and the Specific Plan, will eliminate uncertainty in planning for and secure the orderly
development of the Project, ensure a desirable and functional community environment, provide
effective and efficient development of public facilities, infrastructure, and services appropriate
for the development of the Project, assure attainment of the maximum effective utilization of
resources within CITY, and provide other significant public benefits to CITY and its residents by
otherwise achieving the goals and purposes of the Development Agreement Statute. In exchange
for these benefits to CITY, DEVELOPER desires to receive the assurance that it may proceed
with development of the Project in accordance with the terms and conditions of this Agreement,
Existing Land Use Regulations, the DDA, and the Development Plan, all as more particularly set
forth herein.
M. CITY has determined that this Agreement and the Project are consistent with the
CITY's General Plan and the CI'TY's MCAS Tustin Specific Plan/Reuse Plan, as amended, and
as the same maybe further amended from time to time.
N. On , 2007, the Planning Commission held a public hearing on this
Agreement, made certain findings and determinations with respect thereto, and recommended to
the City Council of CITY that this Agreement be approved. On ,the City
Council held a public hearing on this Agreement, considered the recommendations of the
Planning Commission, and adopted ordinance no. ,approving this Agreement and
authorizing its execution. .
AGREEMENT
NOW, THEREFORE, in consideration of the above recitals, which are incorporated
herein by this reference, and for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the Parties agree as follows:
1. DEFINITIONS AND EXHIBITS.
1.1. Definitions. The following teens when used in this Agreement shall be defined as
follows:
Any capitalized word or term used in this Agreement shall have the definition or
meaning ascribed to such word or term as provided in Attachment No. 5 to the DDA, unless the
word or term is expressly provided in this Section 1.1 of this Agreement, in which event such
word or term shall have the definition or meaning as provided herein.
1.1.1 "Agreement" is defined in the introductory paragraph.
4
Ordinance No. 1336
Page 9 of 92
1.1.2 "Applications" is defined in Section 3.6.2 below.
1.1.3 "Authority" is defined in the Recital B above.
1.1.4 "CITY" is defined in the introductory paragraph.
1.1.5 "DDA" is defined in the Recital B above.
1.1.6 "DEVELOPER" is defined in the introductory paragraph.
1.1.7 "Development Permits" means all permits, certificates and approvals
which may be required by CITY or other governmental authority for the development and
construction of the improvements for the Project, in each case in accordance with this
Agreement, the DDA, applicable Land Use Regulations and any required environmental
mitigation, including without limitation any engineering permits, grading permits, foundation
permits, construction permits and building permits.
1.1.8 "Development Plan" means the development (including, without
limitation, the Scope of Development) identified in the DDA, subject to further refinement as
required or contemplated by the DDA consistent with all applicable Entitlement Approvals and
all applicable Land Use Regulations.
1.1.9 Reserved
1.1.10 "Effective Date" means the date the CITY's ordinance approving this
Agreement becomes effective.
1.1.11 "Entitlement Approvals" means all land use approvals and entitlements,
including all conditions of approvals, legally required by CITY or any other governmental
authority as a condition of subdivision of the Property, development of the Property, and
construction of the improvements in accordance with this Agreement, the DDA and applicable
Land Use Regulations, including, without limitation, Specific Plan and Specific Plan
Amendments, Vesting Tentative and Final subdivision maps, the Concept Plans and Design
Review, and conditional use permit approvals as maybe applicable for proposed specific uses(s)
in connection with development of the Property.
1.1.12 "Existing Entitlement Approvals" means all Development Permits and
Entitlement Approvals approved or issued prior to the Effective Date: Existing Entitlement
Approvals include the Development Permits and Entitlement Approvals which are a matter of
public record on the Effective Date.
1.1.13 "Existing Land Use Regulations" means all Land Use Regulations in
effect on the Effective Date. Existing Land Use Regulations include CITY's General Plan,
Zoning Code, the Specific Plan, and all other ordinances, resolutions, rules, and regulations of
CITY governing development and use of the Property in effect as of the Effective Date,
including without limitation the permitted uses of the Property, the density and intensity of use,
maximum height and size of proposed buildings, provisions for the reservation and dedication of
land for public purposes, and construction standards and regulations.
5
Ordinance No. 1336
Page 10 of 92
1.1.14 "Land Use Regulations" means all laws, statutes, ordinances, resolutions,
codes, orders, rules, regulations and official po]icies of CITY governing the development and use
of land, including, without limitation, the permitted uses of the Property, the density or intensity
of use, subdivision requirements, timing and phasing of development, the maximum height and
size of proposed buildings, the provisions for reservation or dedication of.land for public
purposes, and the design, improvement and construction standards and specifications applicable
to the development of the Property.
1.1.15 "LIFOC"refers to an instrument entitled "Lease in Furtherance of
Conveyance" executed by the United States Department of the Navy and dated May 13, 2002,
delivered to CITY provisionally in lieu of deed for portions of the Property impacted by
hazardous materials, which expires and is supplemented by a conveyance deed upon the United
States Department of the Navy determining that the hazardous materials which impact a portion
of the Property have been adequately remediated.
1.1.16 "Mortgagee" means a mortgagee of a mortgage, a beneficiary under a
deed of trust or any other security-device lender, and their successors and assigns.
1.1.17 "Navy" is defined in Section 2.2 below.
1.1.18 "New CITY Laws" is defined in Section 3.5.1 below.
1.1.19 "Party" is defined in the introductory paragraph.
1.1.20 "Project" means the development of the Property contemplated by the
Development Plan as such Development Plan maybe further defined, enhanced or modified
pursuant to the provisions of this Agreement.
1.1.21 "Property" means the real property described on Exhibit "A" and shown
on Exhibit "B" to this Agreement.
1.1.22 "Reservations of Authority" means the rights and authority excepted from
the assurances and rights provided to DEVELOPER under this Agreement and reserved to CITY
under Section 3.5 of this Agreement.
1.1.23 `.`Specific Plan" means the CITY's MCAS Tustin Specific Plan/Reuse
Plan, as amended, and as the same maybe further amended from time to time.
1.1.24 "Subsequent Entitlement Approvals" means all Entitlement Approvals
required subsequent to the Effective Date in connection with development of the Property.
1.1.25 "Successors In Interest" means any person having a legal or equitable
interest in the whole of the Property, or any portion thereof as to which such person wishes to
amend or cancel this Agreement:
1.1.26 "Vested Right" means the vested rights granted to Developer pursuant to
this Agreement, including, without limitation, the vested right to develop the Property in
accordance with, and to the extent of the DDA and the provisions of this Agreement.
6
Ordinance No. 1336
Page 11 of 92
1.2 Exhibits.The following documents are attached to, and by this reference made a
part of, this Agreement:
Exhibit "A"- Legal Description of the Property.
Exhibit "B" -Map showing Property and its location.
2. GENERAL PROVISIONS.
2.1 Binding Effect of Agreement. The Property is hereby made subject to this
Agreement. Development of the Property is hereby authorized and shall be carried out only in
accordance with the terms of this Agreement.
2.2 Equitable Interests in Property. Pursuant to the DDA, DEVELOPER anticipates
acquiring the Property in phases, and some of such Property may be initially acquired by
DEVELOPER through a sublease with CITY, as contemplated by the lease from CITY of such
portion of the Property from the Department of the Navy (the "Navy") pursuant to the LIFOC
between the Navy, as ground lessor, and CITY, as ground lessee. CITY and DEVELOPER
agree that DEVELOPER's right to acquire the Property pursuant to the DDA creates a sufficient
equitable interest in order to enter into this Agreement. If DEVELOPER fails to acquire any
portion of the Property, then this Agreement shall automatically no longer be effective as to such
portion of the Property concurrently with the date upon which DEVELOPER's rights to acquire
such portion of the Property expire. CITY and DEVELOPER expressly agree that neither the
Navy nor any other federal authority which owns fee title to any portion of the Property as of the
date of this Agreement, by reason of their ownership of such portion of the Property, are subject
to the provisions of this Agreement, nor is their consent required for the recordation of this
Agreement, since CITY's and DEVELOPER's rights and obligations hereunder are conditioned
upon conveyance of the Property and portions thereof from the Navy to CITY (to the extent not
previously so conveyed) and the subsequent acquisition of the Property or any portion thereof by
DEVELOPER from CITY pursuant to the DDA.
2.3 Term. The term of this Agreement shall commence on the Effective Date and
shall continue for a term of thirty (30) years thereafter unless this term is terminated, modified,
or extended by circumstances set forth in this Agreement or by mutual written consent of the
Parties. Notwithstanding the foregoing, the term of this Agreement shall be automatically
extended for the period that development is prevented or delayed, in whole or in part, due to an
event set forth in Section 8.11 below.
2.4 Assigr~ment.
2.4.1 Assignment and Notification. The rights, interests, and obligations
conveyed and provided herein to DEVELOPER benefit and are appurtenant to the Property.
DEVELOPER has the right to sell, assign and transfer any and all of its rights and interests and
to delegate any and all of its duties and obligations hereunder; provided, however, that such
rights and interests may not be transferred or assigned except in strict compliance with the
provisions of Section 4.2 of the DDA, and the following conditions:
Ordinance No. 1336
Page 12 of 92
(a) DEVELOPER secures the written consent of CITY if required
pursuant to Section 4.2 of the DDA;
(b) Said rights and interests may be transferred or assigned only as an
incident of the transfer or assignment of the portion of the Property to which they relate,
including any transfer or assignment pursuant to a foreclosure of a mortgage or a deed in lieu of
a foreclosure;
(c) Prior to assignment or transfer, if required pursuant to this
Section 2.4 and Section 4.2 of the DDA, DEVELOPER shall notify CITY in writing of such
assignment or transfer, the portions of the Property to which the assignment or transfer will be
appurtenant, and the name and addrESS (for purposes of notices hereunder) of the transferee or
assignee, together with the corresponding number of dwelling units and/or non-residential
entitlements which are proposed to be included within such transfer and DEVELOPER and the
assignee or transferee shall notify CITY whether the assignee or transferee will assume any of
DEVELOPER's obligations under this Agreement and which of DEVELOPER's obligations will
be assumed;
(d) The assignee or transferee shall have entered into an Assignment
and Assumption Agreement if required by the DDA;
Any attempt to assign or transfer any right or interest in this Agreement except in strict
compliance with this Section 2.4 shall be null and void and of no force and effect.
2.4.2 Subiect to Terms of Agreement. Following an assignment or transfer of
any of the rights and interests of DEVELOPER set forth in this Agreement in accordance with
Section 2.4.1, the assignee's exercise, use, and enjoyment of the Property shall be subject to the
terms of this Agreement to the same extent as if the assignee or transferee were DEVELOPER.
2.4.3 Release of DEVELOPER Upon Transfer. Notwithstanding the
assignment or transfer of portions or all of the Property or rights or interests under this
Agreement, DEVELOPER shall continue to be obligated under this Agreement unless released
or partially released by CITY with respect to DEVELOPER's obligations and the other duties
and obligations of DEVELOPER under this Agreement, pursuant to this paragraph, which
release or partial release shall be provided by CITY upon the full satisfaction by DEVELOPER
of the following conditions:
(a) DEVELOPER is not then in default under this Agreement;
(b) CITY has consented to the assignment or transfer if required under
Section 2.4.1;
(c) An assignee or transferee has assumed such duties and obligations
as to which DEVELOPER is requesting to be released; and
Ordinance No. 1336
Page 13 of 92
(d) The assignee or transferee is financially able to assume the
obligations proposed for assignment and has demonstrated to the reasonable satisfaction of CITY
that adequate resources have been committed to the full performance of such obligations.
2.5 Property to Continue to be Subject to This Agrreement. Until recordation of a
Certificate of Compliance as to the Phase or any parcel thereof as provided in Section 9 of the
DDA, the Property shall continue to be subject to this Agreement. In the absence of specific
written agreement by CITY, pursuant to which CITY expressly releases the DEVELOPER under
the applicable provisions of the DDA or this Agreement, no Transfer shall constitute a release of
DEVELOPER from any of its obligations under this Agreement and the DEVELOPER shall
retain such obligations and remain jointly and severally liable for such obligations. CITY shall
cooperate with DEVELOPER, at no cost to CITY, in executing in recordable form any document
that CITY has approved to confirm the termination of this Agreement as to any such Phase or
parcel. Notwithstanding the foregoing, (a) the burdens of this Agreement shall terminate as to
any individual residential unit that is sold or leased after issuance of a certificate of occupancy
and as to any nonresidential parcel that is leased or otherwise occupied by an end user after
issuance of a certificate of occupancy, and such parcels shall be released from and shall no
longer be subject to this Agreement (without the execution or recordation of any further
document or the taking of any further action) and (b) the benefits of this Agreement shall
continue to run as to any such parcel until Completion or until termination of this Agreement, if
earlier.
2.6 Amendment or Cancellation of Agreement. This Agreement maybe amended or
cancelled in whole or in part only in the manner provided for in Government Code Section
65868 and Tustin CITY Code Section 9615. This provision shall not limit any remedy of CITY
or DEVELOPER as provided by this Agreement. Either party or Successor in Interest may
propose an amendment to or cancellation, in whole or in part, of this Agreement. Any
amendment or cancellation shall be by mutual consent of the parties or their Successors in
Interest except as provided otherwise in this Agreement, in Government Code Section 65865.1,
or in the Tustin City Code.
2.7 Termination. This Agreement shall be deemed terminated and of no further effect
upon the occurrence of any of the following events:
Section 2.3.
(a) Expiration of the stated term of this Agreement as set forth in
(b) Entry of a final judgment setting aside, voiding or annulling the
adoption of the CITY ordinance approving this Agreement.
(c) The adoption of a referendum measure overriding or repealing the
CITY ordinance approving this Agreement.
(d) Completion of the Project in accordance with the terms of this
Agreement, the DDA, Entitlement Approvals, and applicable Land Use Regulations, including
issuance of all required occupancy permits and acceptance by CITY or applicable public agency
9
Ordinance No. 1336
Page 14 of 92
of all required public improvements and dedications, and CITY issuance of a final DDA
Certificate of Compliance.
(e) Due to a default hereunder, as set forth in Article 5 below.
(f) Upon mutual written agreement of CITY and DEVELOPER.
Termination of this Agreement shall not constitute termination of any other land use
entitlements approved for the Property. Upon the termination of this Agreement, no party shall
have any further right or obligation hereunder except with respect to any obligation to have been
performed prior to such termination or with respect to any default in the performance of the
provisions of this Agreement which has occurred prior to such termination or with respect to any
obligations which are specifically set forth as surviving this Agreement.
2.8 Notices, Demands and Communications between the Parties. All notices,
demands, consents, requests and other communications required or permitted to be given under
this Agreement shall be in writing and shall be deemed conclusively to have been duly given (a)
when hand delivered to the other party; (b) three (3) business days after such notice has been sent
by United States mail via certified mail, return receipt requested, postage prepaid, and addressed
to the other party as set forth below; or (c) the next business day after such notice has been
deposited with a national overnight delivery service reasonably approved by the parties (Federal
Express, United Parcel Service and U.S. Postal Service are deemed approved by the parties),
postage prepaid, addressed to the party to whom notice is being sent as set forth below with next-
business-day delivery guaranteed, provided that the sending party receives a confirmation of
delivery from the delivery service provider. Unless otherwise provided in writing, all notices
hereunder shall be addressed as follows:
If to CITY: Tustin City Hall
300 Centennial Way
Tustin, CA 92780
Attention: City Manager
and Attention: Assistant City Manager
With a copy to: City Attorney, City of Tustin
Woodruff Spradlin & Smart
70t S. Parker Street, Suite 8000
Orange, CA 92868-4760
Attention: Doug Holland, Esq.
And a copy to: Steefel, Levitt & Weiss
A Professional Corporation
One Embarcadero Center, 30`h Floor
San Francisco, CA 94111
Attention: Clayton B. Gantz, Esq.
If to DEVELOPER: Tustin Legacy Community Partners, LLC
c/o Shea Properties
10
s:~;:y.i ~ Ordinance No. 1336
Page 15 of 92
26840 Aliso Viejo Parkway, Suite 100
Aliso Viejo, CA 92656
With a copy to: Shea Homes LP
Southern California Division
603 S. Valencia Avenue
Brea, CA 92823
' Attention: Les Thomas, President
With a copy to: Shea Properties
26840 Aliso Viejo Parkway, Suite 100
Aliso Viejo, CA 92656
Attention: Colm Macken, CEO
Steve Stambaugh, CFO
With a copy to: Centex Homes
Southern California Coastal Division
27101 Puerta Real, Suite 300
Mission Viejo, CA 92691
Attention: Richard Douglass, President
And a copy to
(for legal notices): Tustin Legacy Community Partners, LLC
27101 Puerta Real, Suite 300
Mission Viejo, CA 92691
Attention: Donald J. Sajor, Vice President and
Division General Counsel
Any party may by written notice to the other party in the manner specified in this
Agreement change the address to which notices to such party shall be delivered.
3. DEVELOPMENT OF THE PROPERTY.
3.1 Applicable Regulations: Vested Right to Develop. Other than as expressly set
forth herein, during the Term of this Agreement, the terms and conditions of development
applicable to the Property, including but not limited to the permitted uses of the Property, the
density and intensity of use, maximum height and size of proposed buildings, the design,
improvement and construction standards and specifications applicable to the development of the
Property, including any changes authorized pursuant to Section 3.5.4, and the provisions for the
reservation and dedication of land as needed for public purposes pursuant to Governmental
Requirements, shall be those set forth in the DDA, Existing Land Use Regulations, and
Entitlement Approvals. In connection therewith and subject to the terms of this Agreement
including the Reservations of Authority, DEVELOPER shall have the Vested Right to: (1) carry
out and develop the Property in accordance with the DDA (which includes the Development
Plan), Existing Land Use Regulations, Entitlement Approvals and the provisions of this
Agreement; (2) to receive from CITY all future entitlement approvals for the Project that CITY
finds are consistent with and implement the DDA (which includes the Development Plan),
11
Ordir~~~g No. 1336
Page 1~6 of 92
Existing Land Use Regulations, Entitlement Approvals and this Agreement, and (3) not have any
Entitlement Approvals conditioned or delayed for reasons inconsistent with the DDA (or as
contemplated in the DDA which includes the Development Plan), Existing Land Use
Regulations, Entitlement Approvals or this Agreement.
3.2 Effect of Agreement on Land Use Re,~ulations. Except as otherwise provided
under the terms of this Agreement including the Reservations of Authority (and notwithstanding
any future action of CITY or its citizens, whether by ordinance, resolution, initiative or
otherwise), the rules, regulations, and official policies governing the Project, including, without
limitation, the permitted uses of the Property, the density and intensity of use of the Property, the
maximum height and size of proposed buildings, the design, improvement and construction
standards and specifications applicable to the Project, including any changes authorized pursuant.
to Section 3.5.4, the subdivision of land and requirements for infrastructure and public
improvements, and other terms and conditions of the Project, shall be the DDA, Existing Land
Use Regulations, and the provisions of this Agreement. CITY shall accept for processing and
review and take action on all applications for Subsequent Entitlement Approvals as provided in
Section 3.6.2 below. In connection with any Subsequent Entitlement Approval, CITY shall
exercise discretion in accordance with the same manner as it exercises its discretion under its
police powers, including the Reservations of Authority; provided however, that such discretion
shall not prevent development of the Project as set forth in this Agreement.
3.3 Timing of Development. The timing of development will be as set forth in the
DDA. Since the California Supreme Court held in Pardee Construction Co. v. City of Camarillo
(1984) 37 Cal. 3d 465, that the failure of the parties therein to provide for the timing of
development resulted in a later adopted initiative restricting the timing of development to prevail
over such parties' agreement, it is the parties' intent to cure that deficiency by acknowledging
and providing that DEVELOPER will adhere to the terms of the DDA regarding the timing of
development.
3.4 Changes and Amendments. The parties acknowledge that refinement and further
development of the Project will require Subsequent Entitlement Approvals and may demonstrate
that changes are appropriate and mutually desirable in the Existing Entitlement Approvals. In the
event DEVELOPER finds that a change in the Existing Entitlement Approvals is necessary or
appropriate, DEVELOPER shall apply for a Subsequent Entitlement Approval to effectuate such
change and CITY shall process and act on such application in accordance with the Existing Land
Use Regulations, except as otherwise provided by this Agreement including the Reservations of
Authority. If approved, any such change in the Existing Entitlement Approvals shall be
incorporated herein by reference as though fully set forth, shall thereafter be deemed to be an
Existing Entitlement Approval for all. purposes of this Agreement and may be further changed
from time to time as provided in this Section. Unless otherwise required by law, as determined in
CITY's reasonable discretion, a change to the Existing Entitlement Approvals requested by
DEVELOPER or an approved assignee shall be deemed "minor" and shall not require an
amendment to this Agreement.
In an instance when CITY has reasonably determined that a proposed change to the Existing
Entitlement Approvals constitutes a minor change pursuant to this Section 3.4, CITY and
DEVELOPER shall cooperate to ensure the preparation of any environmental analysis deemed
12
Ordinance No. 1336
"'v~ ~ Page 17 of 92
appropriate and necessary pursuant to CEQA. Furthermore, CITY and DEVELOPER shall
cooperate to ensure the filing of a notice of determination in this regard.
3.5 Reservations of Authority. Notwithstanding any other provision of this
Agreement to the contrary, the laws, rules, regulations and official policies set forth in this
Section 3.5 shall apply to and govern development of the Property and Project to the extent set
forth herein.
3.5.1 Consistent Future City Regulations. CITY ordinances, resolutions, and
official policies, including initiative measures, adopted or approved after the Effective Date
pursuant to procedures provided by law which are applied on a city-wide basis ("New CITY
Laws") shall apply to and govern development of the Property, provided that any New CITY
Laws which reduce the density or intensity of the Project below that permitted by the Existing
Land Use Regulations, the Existing Entitlement Approvals or the DDA, alter the permitted uses
of the Property, reduce the maximum height or size of any permitted buildings, impose
additional obligations in connection with the reservation or dedication of land for public
purposes beyond the requirements identified in the DDA, or limit the rate, timing, or sequencing
of development of the Property from that required in the DDA or in any Entitlement Approvals,
shall be deemed inconsistent with this Agreement and shall not be applicable to the development
of the Property and Project.
3.5.2 Overriding State and Federal Laws. CITY shall not be precluded from
adopting and applying New CITY Laws to the Project and development of the Project to the
extent that such New CITY Laws are required to be applied by State or Federal laws or
regulations and which would override DEVELOPER's Vested Rights as set forth in this
Agreement, provided however, that (i) DEVELOPER does not waive its right to challenge or
contest the validity of such State, Federal, or New CITY Laws or regulation; and (ii) such new
CITY Law shall only be applied to the Project and development of the Project to the extent
necessary to comply with such new State or Federal law or regulation. In the event that such
State or Federal law or regulation (or New CITY Laws undertaken pursuant thereto) prevents or
precludes substantial compliance with one or more provisions of the DDA, the Existing Land
Use Regulations or this Agreement, the Parties agree to consider in good faith amending or
suspending such provisions of this Agreement as may be necessary to comply with such State or
Federal laws (or New CITY Laws), provided that no Party shall be bound to approve any
amendment to this Agreement unless this Agreement is amended in accordance with the
procedures applicable to the adoption of development agreements as set forth in the
Development Agreement Statute and Tustin CITY Code and each Party retains full discretion
with respect thereto. Developer acknowledges that any provision of this Section does not apply
to DEVELOPER's acknowledgement and agreement in the DDA that any current or subsequent
provisions of State Law with regards to density bonuses and other regulatory incentives for
provision of affordable housing do not apply to the Project or Property.
3.5.3 Public Health and Safety. Nothing in this Agreement shall preclude the
City Council of the CITY from adopting and applying New CITY Laws which the City Council
of the CITY finds are reasonably necessary to protect persons on the Property or in the
immediate community, or both, from conditions dangerous to their health or safety
notwithstanding that the applications of such New CITY Laws, or other similar limitation would
13
Ordinance No. 1336
Page 1`$'~3~~g2
result in the impairment of DEVELOPER's Vested Rights under the Agreement or the Existing
Land Use Regulations. In determining whether any such New CITY Laws are reasonably
necessary to protect persons as set forth above, the City Council shall make findings, based on
evidence presented to and accepted by the City Council that the changes are reasonably
necessary to protect the public health or safety. The provisions of this Section 3.5.3 do not apply
to any measure adopted by initiative.
3.5.4 Uniform Construction Codes and Re lagu tions. Policies and rules
governing engineering and construction standards and specifications applicable to public and
private improvements, including all uniform codes adopted by CITY and any local amendments
to those codes adopted by CITY in the future shall apply to the Project and Property.
3.5.5 Police Power. The Parties acknowledge and agree that CITY can not
contractually limit its own police power, its power to address actual or potential threats to public
health or safety, including but not limited to environmental regulations (including without
limitation NPDES) or its emergency authority or powers. The foregoing limitations,
reservations, and exceptions are intended to reserve to CITY all of its powers that cannot be
limited. In all respects not provided for in this Agreement, CITY shall retain full rights to
exercise its police powers to regulate development of the Project and Property. Any uses or
development requiring a concept plan, design review, tentative tract map, conditional use permit,
variance, or other Entitlement Approvals in accordance with Existing Land Use Regulations
shall require a permit or approval pursuant to this Agreement and notwithstanding any other
provision set forth herein, this Agreement is not intended to vest DEVELOPER'S right to
issuance of such permit or approval.
3.6 Processing.
3.6.1 Subdivisions. A subdivision, as defined in Government Code
Section 66473.7, shall not be approved unless a tentative map for the subdivision complies with
the provisions of said Section 66473.7. This provision is included in this Agreement to comply
with Section 65867.5 of the Government Code.
3.6.2 Subsequent Entitlement Approvals. CITY shall employ all lawful actions
capable of being undertaken by CITY to promptly (i) accept all complete applications for
Subsequent Entitlement Approvals (collectively, "Applications") and (ii) process and take action
upon Applications in accordance with applicable law with a goal of completing the review
within time frames identified in the DDA; provided however, that CITY shall not be deemed in
default under this Agreement should such time frame(s) not be met. To the extent that
DEVELOPER desires that CITY plan check or process an Application on an expedited basis and
to the extent that it requires an additional expense beyond the customary expense applicable to
the general public, CITY shall inform DEVELOPER of such additional expense, including the
cost of overtime and private consultants and other third-parties. If acceptable to DEVELOPER,
DEVELOPER shall pay the additional cost and CITY shall use best efforts to undertake the most
accelerated processing time as lawfully possible utilizing overtime and the services of private
consultants and third parties to the extent available. Upon the written request of DEVELOPER,
CITY shall inform DEVELOPER of the necessary application requirements for any requested
CITY approval or requirement relating to the Project. CITY may deny an application for a
14
Ordinance No. 1336
s;zz;yi Page 19 of 92
Subsequent Entitlement Approval only if such application does not comply with the DDA, this
Agreement or Existing Land Use Regulations or is materially inconsistent with the Existing
Entitlement Approvals.
3.6.3 Filines. DEVELOPER shall exercise reasonable efforts to file
applications for permits and Entitlement Approvals within the time frames and schedules as
generally outlined in the DDA and shall exercise reasonable efforts to attempt to obtain permits
and Entitlement Approvals within the time frames identified in the DDA; provided, however,
that failure solely to comply with such time frame(s) shall not be deemed to be a default under
this Agreement.
3.6.4 Cooperation. CITY and DEVELOPER shall cooperate in processing all
applications for permits and approvals for the Project, provided, however, that such cooperation
shall not include any obligation of CITY to incur any un-reimbursed expense, and CITY shall be
entitled, subject to the terms of this Agreement, the DDA and DEVELOPER's rights hereunder,
to exercise all discretion to which it is entitled bylaw in processing and issuing any permits and
approvals for the Project.
3.6.5 Approvals. Notwithstanding any administrative or judicial proceedings,
initiative or referendum concerning any of the Entitlement Approvals, CITY shall process
applications for permits and approvals as provided herein to the fullest extent allowed bylaw and
DEVELOPER may proceed with development of the Project pursuant to the DDA, Existing
Land Use Regulations, and Entitlement Approvals to the fullest extent allowed bylaw.
3.7 Infrastructure and Public Facilities. Construction of infrastructure and public
facilities will be as set forth in the DDA. DEVELOPER's construction of park improvements
pursuant to the DDA shall be deemed to satisfy any requirement imposed upon DEVELOPER
for the dedication or development of parkland pursuant to the Tustin City Code in connection
with development of the Project and Property.
3.8 Dedications. DEVELOPER acknowledges and agrees that it is required (and will
be required) to dedicate to CITY and other public agencies on the Sector A subdivision map, and
on subsequent subdivision maps, or in conjunction with Entitlement Approvals, certain required
dedications as required by the DDA, and Existing Land Use Regulations, or by DEVELOPER
pursuant to the FINAL EIS/EIR for the MCAS Tustin Project, as amended by either
supplemental documentation or addendum and as required by DEVELOPER pursuant to
DEVELOPER'S assumption of CITY MCAS Tustin obligations under the "Agreement Between
the City of Irvine and the City of Tustin Regarding the Implementation, Timing, Funding of
Transportation/Circulation Mitigation for the MCAS Tustin Project" and the "Amendment to the
Joint Exercise of Powers Agreement Between the City of Santa Ana and the City of Tustin
Regarding the Tustin-Santa Ana Transportation Improvement Authority".
3.9 Regulation by Other Public A eng cies It is acknowledged by the parties that other
public agencies not within the control of CITY possess authority to regulate aspects of the
Project and development of the Property separately from or jointly with CITY and this
Agreement does not limit the authority of such other public agencies. CITY agrees to cooperate
fully, at no out of pocket cost to CITY, with DEVELOPER in obtaining any required permits or
15
Ordinance No. 1336
Page 2~`0~''~2
compliance with the regulations of other public agencies provided such cooperation is not in
conflict with any laws, regulations or policies of CITY.
3.10 Tentative Tract Map Extension. Each tentative subdivision map or tentative
parcel map, heretofore or hereafter approved in connection with development of the Property,
shall be eligible for extensions of time as provided in Government Code Section 66452.6, except
that any extension shall be consistent with any applicable performance schedule as provided or
established in the DDA and shall not be deemed or considered in any way an extension of any
DEVELOPER obligations under the DDA.
4. ANNUAL REVIEW. Timing and Annual Review. The Tustin City Council shall review
DEVELOPER's performance under this Agreement at least every twelve (12) months from the
Effective Date until expiration of the Agreement. In connection with such review, both the
CITY and DEVELOPER shall have a reasonable opportunity to assert matters which either
believes have not been undertaken in accordance with this Agreement, to explain the basis for
such assertion, and to receive from the other party a justification of its position on such matters.
4.1 Review Procedure. .CITY shall provide notice to DEVELOPER and deliver to
DEVELOPER or it successor in interest a copy of all public staff reports, documents and related
exhibits concerning CITY's review of DEVELOPER's performance hereunder at least 30 days
prior to any date proposed for City Council review of performance under the Agreement.
4.1.1 DEVELOPER or its Successor in Interest shall demonstrate good faith
compliance with the terms of this Agreement and shall furnish evidence of good faith
compliance, as CITY, in its reasonable exercise of its discretion, may require. Evidence of good
faith compliance may include the following:
(a) conformance with the DDA and its scope of development and
schedule of performance;
(b) conformance with the requirements of the Specific Plan; and
(c) conformance with provisions of this Agreement identified by the
CITY.
4.1.2 DEVELOPER or its successor in interest shall have the opportunity to
respond to CITY's evaluation of DEVELOPER's performance, either orally or in a written
statement, at DEVELOPER's election.
4.1.3 The City Council may refer the matter to the Planning Commission for
further proceedings or for a report and recommendation.
4.2 Notice ofNon-Compliance. If on the basis of the annual review, the CITY
determines, or at any other time during the term of this Agreement, either Party concludes that
the other party has not complied in good faith with the terms of this Agreement, then such Party
may issue a written "Notice ofNon-Compliance" specifying the grounds therefore and all facts
demonstrating such non-compliance. The Party receiving a Notice ofNon-Compliance shall
16
5;~zz9.i Ordinance No. 1336
Page 21 of 92
have forty-five (45) days to respond in writing to said notice by specifying either how its non-
compliance has been cured (or is diligently being cured) or the grounds upon which it believes
that it is complying with this Agreement. The time frame to respond to a Notice of Non-
Compliancemay be extended by mutual agreement of the Parties. If the response to the Notice
ofNon-Compliance has not been received in the offices of the Party alleging non-compliance
within the prescribed forty-five (45) days, or within such other period of time as mutually
agreed, the Notice ofNon-Compliance shall be conclusively presumed to be valid, and if the
non-complying Party is DEVELOPER, the CITY may commence proceedings on termination or
modification of the Agreement pursuant to the Tustin City Code and Section 4.3 of this
Agreement. If the party receiving a Notice ofNon-Compliance responds within the time period
provided above, the parties agree to meet in good faith at reasonable times and from time to time
for a period of at least sixty (60) days to arrive at a mutually acceptable resolution of the
matter(s) asserted in the Notice ofNon-Compliance and disputed in the response. If after sixty
(b0) days, or any extension of time as mutually agreed to by the Parties, the Parties have failed to
arrive at a mutually acceptable resolution of such matter(s), either Party may pursue any remedy
at law or in equity, and the CITY may commence proceedings on termination or modification of
this Agreement pursuant to Sections 9617 and 9618 of the Tustin City Code and Section 4.3 of
this Agreement.
4.3 Modification or Termination. If the City Council determines to proceed with
modification or termination of this Agreement after following the procedure for a Notice of
Non-Compliance under Section 4.2 of this Agreement, the City Council shall give notice to
DEVELOPER or successor in interest thereto of its intention to do so. The Notice shall contain
all information required by Tustin City Code Section 9618. At the time and place set for the
hearing on modification or termination, the City Council may refer the matter back to the
Planning Commission for further proceedings or for a report and recommendation. The City
Council may take such action as it deems necessary to protect the interests of the CITY,
including but not limited to, the receipt of additional evidence as to DEVELOPER's compliance
with the terms of this Agreement. The decision of the City Council shall be final, subject only to
judicial review pursuant to California Code of Civil Procedure Section 1094.5(b).
4.4 Certificate of Agreement Compliance. If, at the conclusion of a periodic review,
DEVELOPER is found to be in compliance with this Agreement, CITY shall, upon request of
the DEVELOPER, issue a Certificate of Compliance (the "Certificate") to DEVELOPER stating
that after the most recent periodic review and based upon the information known or made known
to the City Council that: (1) this Agreement remains in effect, and (2) DEVELOPER is not in
default. The Certificate shall be in recordable form, shall contain information necessary to
communicate constructive record notice of the finding of compliance, and shall state the
anticipated date of commencement of the next periodic review. DEVELOPER may record the
Certificate with the County Recorder.
5. DEFAULT, REMEDIES, AND TERMINATION.
5.1 Default Procedure. In addition to procedures identified in Section 4.2 and/or 4.3
of this Agreement, anon-defaulting party (the "Non-Defaulting Party") at its discretion may
~.:.:
elect to declare a default under this Agreement in accordance with the procedures hereinafter set
forth for any failure or breach of any other Party ("Defaulting Party"} to perform any material
17
Ordina~~~ No..1336
Page 22~ o~ ~2
duty or obligation of said Defaulting Party in accordance with the terms of this Agreement and
provided the Notice ofNon-Compliance procedures in Section 4.2 have first been exhausted.
However, the Non-Defaulting Party must provide written notice to the Defaulting Party setting
forth the nature of the breach or failure and the actions, if any, required by the Defaulting Party
to cure such breach or failure..The Defaulting Party shall be deemed to be in "default" of its
obligations set forth in this Agreement if the Defaulting Party has failed to take action and cure
the default within ten (l 0) days after the date of such notice (for monetary defaults) or within
thirty (30) days after the date of such notice (for non-monetary defaults). If, however, anon-
monetarydefault cannot be cured within such thirty (30} day period, as long as the Defaulting
Party does each of the following:
{a) notices the Non-Defaulting Party in writing with a reasonable explanation
as to the reasons the asserted default is not curable within the thirty (30) day period;
(b) notifies the Non-Defaulting Party in writing of the Defaulting Party's
pr~~posed course of action to cure the default;
(c) promptly commences to cure the default within the thirty (30) day period;
(d) makes periodic written reports to the Non-Defaulting Party as to the
progress of the program of cure, and:
(e) diligently prosecutes such cure to completion,
then the Non-Defaulting Party shall grant in writing the Defaulting Party such additional time
as determined by the Non-Defaulting Party as reasonably necessary to cure such default.
5.2 Default Remedies. After complying with Section 5.1, in the event of an un~~ured
default, the Non-Defaulting Party, at its option, may institute legal action to cure, correct er
remedy such default, enjoining any threatened or attempted violation, enforce the terms of this
Agreement by specific performance, or pursue any other legal or equitable remedy.
Furthermore, CITY, in addition to or as an alternative to exercising the remedies in this
Section 5.2, in the event of a material default by DEVELOPER, may give notice of its intent to
terminate or modify this Agreement pursuant to Section 4.3, in which event the matter shall be
scheduled for consideration and review by the City Council in the manner set forth in Tustin City
Cude Section 9618. The decision of the City Council shall be final, subject only to judicial
review pursuant to California Code of Civil Procedure Section 1094.5(b).
5.3 DEVELOPER'S Remedies. In the event that the CITY is in material default
under this Agreement, the DEVELOPER shall be entitled to any~or all of the following remedies:
(1- Seeking mandamus or specific performance of this Agreement; or (2) Seeking, any oth~;r
remedy available pit law or in equity, provided, however, except as provided in Section 8.10
below, the DEVELOPER agrees and covenants on behalf of itself and it successors and as signs,
nat to sue CITY fur damages or monetary relief for any breach of this Agreement. or arising out
of or connected with any dispute, controversy or issue regarding the application cr effect cf this
Agreement, or for consequential damages arising out of or connected with any di:~pute,
controversy, or issues regarding the application or effect of the Existing Land Use Regulations,
18
Ordinance No. 1336
5;~~i9.1
Page 23 of 92
or any Development Permits or Entitlement Approvals sought in connection with development or
use of the Property or Project, or any portion thereof.
5.4 Third Party_Legal Challenges. In the event of any legal action instituted by a third
party challenging the validity or enforceability of any provision of this Agreement, the Existing
Land Use Regulations, the DDA (including without limitation the Development Plan), or
Entitlement Approvals for the Project ("Third Party Challenge"), DEVELOPER shall have the
right but not the obligation to defend any Third Party Challenge, at its expense. DEVELOPER,
in defending any Third Party Challenge shall further have the right to settle such Third Party
Challenge, provided that nothing herein shall authorize DEVELOPER to settle such Third Party
Challenge on terms that would constitute an amendment or modification of this Agreement, the
Existing Regulations, or Development Plan unless such amendment or modification is approved
by the CITY in accordance with applicable legal requirements, and CITY reserves its full
legislative discretion with respect thereto. CITY shall not incur any costs or take any actions to
defend such Third Party Challenge without DEVELOPER's approval. DEVELOPER shall also
indemnify and hold harmless the CITY and its agents, officials and employees from and against
all claims, losses, or liabilities assessed or awarded against the CITY by way of judgment,
settlement, or stipulation.
6. INDEMNITY BY DEVELOPER. DEVELOPER agrees to indemnify, defend, and hold
harmless CITY, CITY's designees, and their respective elected and appointed officials, boards,
commissions, agents, contractors, and employees from and against any and all actions, suits,
claims, liabilities, losses, damages, penalties, obligations and expenses (including but not limited
to attorney's fees and costs) which may arise, directly or indirectly, from the acts, omissions, or
operations of DEVELOPER or DEVELOPER's agents, contractors, subcontractors, agents, or
employees pursuant to this Agreement, but excluding any loss resulting from the intentional or
active negligence of the CITY, CITY's designee, or each of their respective elected and
appointed officials, boards, commissions, officers, agents, contractors, and employees.
DEVELOPER shall select and retain counsel reasonably acceptable to the CITY to defend any
action or actions and DEVELOPER shall pay the cost thereof. The indemnity provisions set forth
in this Agreement shall survive termination of the Agreement.
7. MORTGAGEE PROTECTION. The parties hereto agree that this Agreement shall not
prevent or limit DEVELOPER, in any manner, from encumbering the Property or any portion
thereof or any improvement thereon by any mortgage, deed of trust or other security device
securing financing with respect to the Property, subject to any terms or provisions of the DDA to
the extent relating to the encumbrance of the Property by any mortgage, deed of trust or other
security device. Any Mortgagee of the Property shall be entitled to the following rights and
privileges:
(a) This Agreement shall be superior to the lien of any mortgage.
Notwithstanding the foregoing, neither entering into this Agreement nor a breach of this
Agreement shall defeat, render invalid, diminish or impair the lien of any mortgage on the
Property made in good faith and for value, unless otherwise required by law, and any acquisition
or acceptance of title or any right or interest in or with respect to the Property or any portion
thereof by a mortgagee (whether pursuant to foreclosure, trustee's sale, deed in lieu of
foreclosure, lease termination or otherwise} shall be subject to the terms and conditions of this
19
Ordinance No. 1336
Page 2`~'0~'~2
Agreement and any such mortgagee who takes title to the Property or any portion thereof shall be
entitled to benefits arising under this Agreement.
(b) Each Mortgagee of any mortgage or deed of trust encumbering the
Property, or any part thereof, shall upon written request in writing to CITY, be entitled to receive
written notice from CITY of results of the Annual Review and of any default by DEVELt~PER
in the performance of DEVELOPER's obligations under this Agreement.
(c) If CITY timely receives a request from a Mortgagee requesting a copy of
any notice of default given to DEVELOPER under the terms of this Agreement, CITY shall
provide a copy of that notice to the Mortgagee concurrently with delivery of the notice of default
to DEVELOPER. The Mortgagee shall have the right, but not the obligation, to cure the default
during the remaining cure period allowed such party under this Agreement (including any
extended cure period necessary in order to allow the Mortgagee to obtain title to the Property and
cure the default).
(d) Any Mortgagee who comes into possession of the Property, or any part
thereof, pursuant to foreclosure of the mortgage or deed of trust, or deed in lieu of such
foreclosure, shall take the Property, or part thereof, subject to the terms of this Agreement.
Notwithstanding any other provision of this Agreement to the contrary, no Mortgagee shall have
an obligation or duty under this Agreement to perform any of DEVELOPER's obligations or
other affirmative covenants of DEVELOPER hereunder, or to guarantee such performance;
except that (i) the Mortgagee shall have no right to develop the Property without fully complying
v~ith the terms of this Agreement, the DDA, Existing Land Use Regulations and Entitlement
Approvals and (ii) to the extent that any covenant to be performed by DEVELOPER is a
Condition precedent to the performance of a covenant by CITY, the performance thereof shall
continue to be a condition precedent to CITY's performance hereunder.
Notwithstanding anything to the contrary contained above in this Section, any Mortgagee
shall be subject to all of the terms of the DDA, to the extent applicable pursuant to the DDA to
such Mortgagee.
8. MISCELLANEOUS PROVISIONS.
8.1 Recordation of Agrgement. This Agreement and any amendment or cancellation
thereof shall be recorded with the Orange County Recorder by the City Clerk within ten (10)
days after CITY executes this Agreement, as required by Section 65868.5 of the Government
Code. If the parties to this Agreement or their Successors in Interest amend or cancel this
Agreement as provided for herein and in Government Code Section 65868, or if CITY
terminates or modifies this Agreement as provided for herein and in Government Code Section
65865.1 for failure of DEVELOPER to comply in good faith with the terms or conditions of this
Agreement, the City Clerk shall have notice of such action recorded with the Orange County
Recorder.
8.2 Entire A reement. This Agreement sets forth and contains ~ the entire
understanding and agreement of the parties with respect to the matters set forth herein, and there
are no oral or written representations, understandings or ancillary covenants, undertakings or
20
S;„a9 ~ Ordinance No. 1336
Page 25 of 92
agreements which are not contained or expressly referred to herein. No testimony or evidence of
any such representations, understandings or covenants shall be admissible in any proceeding of
any kind or nature to interpret or determine the terms or conditions of this Agreement.
8.3 Severability. If any term, provision, covenant or condition 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 perform
taking into consideration the purposes of this Agreement.
8.4 Interpretation and Governing Law. This Agreement and any dispute arising
hereunder shall be governed and interpreted in accordance with the internal laws of the State of
California without reference to choice of law or conflicts of law provisions. 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. The decision of the City Council shall be final, subject only to judicial review pursuant
to California Code of Civil Procedure Section 1094.5(b).
8.5 Section Headings. All section headings and subheadings are inserted for
convenience only and shall not affect any construction or interpretation of this Agreement.
8.6 Singuular and Plural. As used herein, the singular of any word includes the plural.
8.7 Time of Essence. Subject to the following sentence, time is of the essence in the
performance of each provision of this Agreement. Whenever action must be taken {including the
giving of notice or the delivery of documents) under this Agreement during a certain period of
time or by a particular date that ends or occurs on anon-business day, then such period or date
shall be extended until the immediately following business day. As used herein, "business day"
means any day other than Saturday, Sunday or a federal or California state holiday.
8.8 Waiver. Failure by a party to insist upon the strict performance of any of the
provisions of this Agreement by the other party, or the failure by a party to exercise its rights
upon the default of the other party, shall not constitute a waiver of such party's right to insist and
demand strict compliance by the other party with the terms of this Agreement thereafter.
8.9 No Third Party Beneficiaries. This Agreement is made and entered into for the
sole protection and benefit of the parties and their successors and assigns. No other person shall
have .any right of action based upon any provision of this Agreement.
8.10 Attorne, sy Fees. If legal action is commenced to enforce or to declare the effect of
any provision of this Agreement, the prevailing party shall be entitled to recover from the non-
prevailingparty actual and. reasonable attorneys' fees and other litigation costs. In addition to
the foregoing award of attorneys' fees and other litigation costs to the prevailing party, the
prevailing party in any lawsuit or reference proceeding on this Agreement shall be entitled to its
attorneys' fees and other litigation costs incurred in any post judgment proceedings to collect or
enforce the judgment. This provision is separate and several and shall survive the merger of this
21
Ordinance No. 1336
Page 2~; 0~°~2
Agreement into any judgment on this Agreement. This provision shall survive termination of
this Agreement.
8.11 Force Majeure.
8.11.1 Time periods for performance of any obligations under this Agreement
maybe extended for Force Majeure; except that in no event, shall the Term of this Agreement be
extended by an event of Force Majeure Delay.
8.11.2 In the event of a lawsuit, referendum, or initiative which constitutes a
Force Majeure Delay and which directly affects the ability of the claiming Party t~ meet it:~ non-
monetary obligations under this Agreement, including the deadlines imposed by the DDA
Schedule of Performance or the ability of the DEVELOPER to Complete the Project for a period
of more than two years, the Parties shall meet and confer on mutually acceptable ways or
modifications to the Project to proceed with development thereof notwithstanding such lawsuit,
referendum or initiative. In the event that the Parties are unable to agree, the question of whether
the extension of such period of Force Majeure Delay beyond two years is reasonable under the
circumstances will be presented to the City Council (with reasonable notice to and an
opportunity to be heard by the DEVELOPER). The City Council may then decide based on its
good faith deliberations to either permit the extension of such period of Force Majeure Delay or
proceed with its remedies under this Agreement. The decision of the City Council shall be final,
subject only to judicial review pursuant to California Code of Civil Procedure Section 109,1.5(b).
8.11.3 If any Party (the "First Parry") believes that an extension of time is due to
Force Majeure Delay, it shall notify the other Party (the "Second Party") in writing within thirty
{30) calendar days from the date upon which the First Party becomes aware of such Force
Majeure Delay, describing the Force Majeure Delay, when and how the First Party obtained
knowledge thereof, the date the event commenced, the steps the First Party anticipates taking to
respond to such Force Majeure Delay, and the estimated delay resulting from such Force
Majeure Delay and response. The extension for Force Majeure Delay shall be granted or denied
in the Second Party's reasonable discretion. If the First Party fails to notify the Second Party in
writing of its request for a given Force Majeure Delay within the thirty (30) calendar days
specified above, there shall be no extension for such Force Majeure Delay.
8.12 Successors in Interest. The burdens of this Agreement shall be binding upon, and
the benefits of this Agreement shall inure to, all Successors in Interest to the parties to this
Agreement. All provisions of this Agreement shall be enforceable as equitable servitudes and
constitute covenants running with the land. Each covenant to do or refrain from doing some act.
hereunder with regard to development of the Property: {a) is for the benefit of and is a burden
upon. every portion of the Property; (b) runs with the Property and each portion thereof; anti, (c)
is binding upon each party and each successor in interest during ownership of the Property or any
portion thereof.
22
Ordinance No. 1336
;~i9~1 Page 27 of 92
8.13 Counterparts. This Agreement maybe executed by the parties in counterparts,
which counterparts shall be construed together and have the same affect as if all of the parties
had executed the same instrument.
8.14 Jurisdiction and Venue. Subject to the provisions of Section 5.3 above, any action
at law or in equity arising under this Agreement or brought by a party hereto for the purpose of
enforcing, construing or determining the validity of any provision of this Agreement shall be
filed and tried in the Superior Court of the County of Orange, State of California, or the United
States District Court for the Central District of California, Santa Ana Division, and the parties
hereto waive all provisions of law providing for the filing, removal or change of venue to any
other court.
8.15 Project as a Private Undertaking. It is specifically understood and agreed by and
between the parties hereto that the development of the Project is a private development, that
neither party is acting as the agent of the other in any respect hereunder, and that each party is an
independent contracting entity with respect to the terms, covenants and conditions contained in
this Agreement. No partnership, joint venture or other association of any kind is formed by this
Agreement. The only relationship between CITY and DEVELOPER is that of a government
entity regulating the development of private property and DEVELOPER of such property.
8.16 Further Actions and Instruments. Each of the parties shall cooperate with and
provide reasonable assistance to the other to the extent contemplated hereunder in the
performance of all obligations under this Agreement and the satisfaction of the conditions of this
Agreement. Upon the request of either party at any time, the other party shall promptly execute,
with acknowledgment or affidavit if reasonably required, and file or record such required
instruments and writings and take any actions as may be reasonably necessary under the terms of
this Agreement to carry out the intent and to fulfill the provisions of this Agreement or to
evidence or consummate the transactions contemplated by this Agreement..
8.17 Estoppel Certificate. Any party hereunder, may , at any time, deliver a written .
notice to the other party requesting such Party to certify in writing that, to the best knowledge of
the certifying party: (i) this Agreement is in full force and effect and a binding obligation of the
party ; (ii) this Agreement has not been amended or modified either orally or in writing, or if so
amended, identifying the date and nature of the amendments to this Agreement, but it remains in
full force and effect as modified, and a continuing binding obligation of the party; and (iii) the
requesting party is not in default in performance of their obligations set forth in the Agreement,
or if the party is in default, provide a description thereof of the nature of such default(s). A party
receiving a request hereunder shall execute and return such certificate within thirty (30) days
following receipt thereof. Any third party, including a mortgagee shall be entitled to'rely on the
certificate. DEVELOPER shall pay to CITY all costs incurred by CITY in connection with the
issuance of estoppel certificates.
8.18 Authority to Execute. The person or persons executing this Agreement on behalf
of each party warrants and represents that he or she/they have the authority to execute this
Agreement on behalf of such party and warrants and represents that he or she/they has/have the
authority to bind such party to the performance of its obligations hereunder.
23
Ordinan~rt~ No. 1336
Page 28~ 0~~~2
[SIGNATURES CONTAINED ON FOLLOWING PAGE]
24
Ordinance No. 1336
c3?~~9.1
Page 29 of 92
SIGNATURE PAGE
TO DEVELOPMENT AGREEMENT
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day
and year set forth below.
"CITY"
City of Tustin, California
By:
William Huston, City Manager or
Christine Shingleton, Assistant City Manager
ATTEST:
By:
Pamela Stoker
City Clerk
Dated:
APPROVED AS TO FORM
Office of the City Attorney
By:
Douglas Holland
25
Ordinance No. 1336
Page 3~~#~92
"DEVELOPER"
TUSTIN LEGACY COMMUNITY PARTr1ERS,
LLC,
a Delaware limited liability company
By: Shea Properties II, LLC,
a Delaware limited liability company,
Managing Member
By: _
Name:
Its:
By: _
Name:
Its:
By: Shea Homes Limited Partnership,
a California limited partnership,
a Member
26
By: _
Name:
Its:
By: _
Name:
Its:
Ordinance No. 1336
"i9~1 Page 31 of 92
EXHIBIT "A"
TO DEVELOPMENT AGREEMENT
Legal Description of Property
< Same Legal as applied to DDA should be attached since obligations go beyond Developer
property but to Project»
[to be inserted/attached]
Exhibit A
Ordinance No. 1336
Page 3~ib~'92
EXHIBIT "A"
LEGAL DESCRIPTION
In the City of Tustin, County of Orange, State of California, described as follows:
Parcel I-D-1.1:
Parcel I-D-1.1, as shown on Exhibit "B" attached to Lot Line Adjustment No. LLA 03-O1,
recorded April 15, 2003 as Instrument No. 2003000418455 of Official Records of Orange
County, California.
Parcel B:
Parcel I-D-3 and Parcel I-D-4 in the City of Tustin, County of Orange, State of California, as
described in the document recorded May 14, 2002 as Instrument No. 20020404594 of Official
Records in the off ce of the County Recorder of said County, excepting therefrom that portion
lying southwesterly of the following described line:
Beginning at the northeasterly terminus of that certain course in the generally southeasterly line
of said Parcel I-D-4 being described as "North 29°47'11" East 40.70 feet"; thence North
21 ° 16'15" West $2.G4 feet to the beginning of a curve concave southwesterly having a radius of
1354.04 feet; thence northerly and northwesterly along said curve 660.46 feet through a central
angle of Z7°56'50"; thence North. 49° 13'05" West 477.09 feet to the beginning of a curve
concave southwesterly having a radius of 1354.04 feet; thence northwesterly along said curve
603.50 feet through a central angle of 25°32' 13"; thence South 15° 14'42" West 12.00 feet to the
beginning of anon-tangent curve concave southerly having a radius of 1342.04 feet, a radial line
through the beginning of said curve bears North 15°14'42" East; thence westerly along said
curve 178.48 feet through a central angle of 7°37'12"; thence North 7°37'30" East 12.00 feet to
the beginning of anon-tangent curve concave southerly having a radius of 1354.04 feet, a radial
line through said beginning of curve bears North 7°37'30" West; thence westerly along said
March 30, 2006
WO ~No. 0919-68AX
Page 1 of S8
H&A Lcgal#: 6672
By: Robert Wheeler
Ord nan H~~ No v1'31~a~ns
Page 33 of 92
curve 34.27 feet through a central angle of 1°27'00"; thence North 83°49'30" East 15.86 feet to
the westerly line of said Parcel I-D-3.
Also excepting therefrom that portion Lying southwesterly of the following described line:
Beginning at the above described Point of Beginning; thence North 21 ° 16' 15" West 82.64 feet to
the beginning of a curve concave southwesterly having a radius of 1354.04 feet; thence
northwesterly along said curve 660.46 feet through a central angle of 27°56'50"; thence North
49° 13'05" West 477.09 feet to the beginning of a curve concave southwesterly having a radius of
1354.04 feet; thence northwesterly along said curve 603.50 feet through a central angle of
25°32'13"; thence South 15°14'42" West 12.00 feet to the beginning of anon-tangent curve
concave southerly having a radius of 1342.04 feet, a radial line through the beginning of said
curve bears North 15°14'42" East; thence westerly along said curve 178.48 feet through a central
angle of 7°37'12"; thence North 7°37'30" East 12.00 feet to the beginning of anon-tangent curve
concave southerly having a radius of 1354.04 feet, a radial line through said beginning of curve
bears North 7°37'30" West; thence westerly along said curve 34.27 feet through a central angle
of 1°27'00"; thence North 83°49'30" West 15.86 feet to the westerly line of said Parcel I-D-3.
Also excepting therefrom any and all oil, oil rights, minerals, mineral rights, natural gas rights
and other hydrocarbons by whatsoever name known, geothermal steam and all products derived
from any of the foregoing, that may be within or under the land, together with the perpetual right
of drilling, mining, exploring for and storing in and removing the same from the land or any
other land, including the right to whipstock or directionally drill and mine from lands other than
the land, oil or gas wells, tunnels and shafts into, through or across the subsurface of the land and
to bottom such whipstocked or directionally drilled wells, tunnels and shafts under and beneath
or beyond the exterior limits thereof, and to redrill, retunnel, equip, maintain, repair, deepen and
operate any such well or mines; but without, however, the right to drill, mine, store, explore or
operate through the surface of the land, as reserved in the deed from the City of Tustin,
California, recorded September 24, 2002 as Instrument No. 20020819173 of Official Records.
Ordinance No. 1336
Page 34 of 92
March 30, 2006
WO No. 0919-68AX
Page 2 of 58
H&A Legal#: 6672
By: Robert Whccler
Checked By: R. Williams
Also excepting therefrom any and all water, water rights or interests therein appurtenant or
relating to the land or owned or used by the grantor in connection with or with respect tc, the land
(no matter how acquired by the grantor), whether such water rights shall be riparian, overlying,
appropriative, littoral, percolating, adjudicated, statutory or .contractual, together .with the
perpetual right and power to explore, drill, redrill and remove the same from or in they Land, to
store the same beneath the surface of the Land and to divert or otherwise utilize such water, rights
or interests on any other property owned or leased by grantor; but without, however, any right to
enter upon ~r use the surface of the land in the exercise of such rights, as reserved in the deed
from the laity of Tustin, ~ California, recorded September 24, 2002 as Instrurr ent No.
200208191'13 of Official Records.
Parcel C:
Parcel I-D-3 and Parcel I-D-4 in the City of Tustin, County of Orange, State of California, as
described in the document recorded May 14, 2002 as Instrument No. 20020404594 of Official
Records in the office of the County Recorder of said County, excepting therefrom that portion
lying northeasterly of the following described line:
Beginning at the northeasterly terminus of that certain course in the generally southeasterly line
of said Parcel I-D-4 being described as "North 29°47'11" East 40.70 feet"; thence North
21 ° 16'15" West 82.64 feet to the beginning of a curve concave southwesterly having a radius of
1354.04 feet; thence northerly and northwesterly along said curve 660.46 feet through a central
angle of 27°56'50"; thence North 49° t 3'05" West 477.09 feet to the beginning of a curve
concave southwesterly having a radius of 1354.04 feet; thence northwesterly along said curve
603.50 feet through a central angle of 25°32'13"; thence South 15°14'42" West 12.00 feet to the
beginning of anon-tangent curve concave southerly having a radius of 1342.04 feet, a radial line
through the beginning of said curve bears North 15°14'42" East; thence westerly along said
curve 178.48 feet through a central angle of 7°37'12"; thence North 7°37'30" East 12.00 feet to
the beginning of anon-tangent curve concave southerly having a radius of 1354.04 feet, a radial
line through said beginning of curve bears North 7°37'30" West; thence westerly alc -ng said
Mara . 34, 2006
WO No. 0519-68AX
Page 3 of 58
H&A Legal #: 6672
By: Robert Wheeler
~EFnlf€~~~t~o.~s
Page 35 of 92
curve 34.27 feet through a central angle of 1°27'00"; thence North 83°49'30" East 15.86 feet to
the westerly line of said Parcel I-D-3.
Also excepting therefrom that portion included within Tract No. 16695, as shown on a map
recorded in Book 866, Pages 1 through 9, inclusive, of Miscellaneous Maps, Records of said
Orange County.
Also excepting therefrom any and all oil, oil rights, minerals, mineral rights, natural gas rights
and other hydrocazbons by whatsoever name known, geothermal steam and all products derived
from any of the foregoing, that may be within or under the land, together with the perpetual right
of drilling, mining, exploring for and storing in and removing the same from the land or any
other land, including the right to whipstock or directionally drill and mine from lands other than
the land, oil or gas wells, tunnels and shafts into, through or across the subsurface of the land and
to bottom such whipstocked or directionally drilled wells, tunnels and shafts under and beneath
or beyond the exterior limits thereof, and to redrill, retunnel, equip, maintain, repair, deepen and
operate any such well or mines; but without, however, the right to drill, mine, store, explore or
operate through the surface of the land, as reserved in the deed from the City of Tustin,
California, recorded September 24, 2002 as Instrument No. 20020819173 of Official Records.
Also excepting therefrom any and all water, water rights or interests therein appurtenant or
relating to the land or owned or used by the grantor in connection with or with respect to the land
(no matter how acquired by the grantor), whether such water rights shall be riparian, overlying,
appropriative, littoral, percolating, adjudicated, statutory or contractual, together with the
perpetual right and power to explore, drill, redrill and remove the same from or in the land, to
store the same beneath the surface of the land and to divert or otherwise utilize such water, rights
or interests on any other property owned or leased by grantor; but without, however, any right to
enter upon or use the surface of the land in the exercise of such rights, as reserved in the deed
from the City of Tustin, California, recorded September 24, 2002 as Instrument No.
20020819173 of Official Records.
Ordinance No. 1336
Page 36 of 92
March 30, 200b
WO No. 0919-68AX
Page 4 of 58
H&A Legal#:6672
By: Robert Wheeler
Checked By: R. Williams
Parcel III-D-S
In the City of Tustin, County of Orange, State of California, being that portion of Lot 103 in
Block 9 of Irvine's Subdivision as shown on the map filed in Book 1, Page 88 of 1Vliscellaneous
Record Maps, and as shown on the map filed in Book 165, Pages 31 through 39 inclusive of
Records of Survey, both of the Records of said County, described as follows:
For the purpose of this description the following control lines are hereby established:
Control Line "A"
Beginning at the intersection of the centerline of Red Hill Avenue with the centerline of Valencia
Avenue as shown on said Record of Survey, the centerline of Red Hill Avenue having a bearing
of South 40°37'39" West between Valencia Avenue and Warner Avenue; thence South
49°20'07" East 106.23 feet to the beginning of a curve concave southwesterly having a radius of
1400.04 feet; thence southeasterly along said curve 134.49 feet through a central angle of
5°30'14"; thence South 43°49'53" East 101.77 feet to the beginning of a curve concave
northeasterly having a radius of 1400.04 feet; thence southeasterly along said curve 134.40 feet
through a central angle of 5°30'01"; thence South 49°19'54" East 586.96 feet to the beginning of
a curve concave northeasterly having a radius of 1400.04 feet; thence southeasterly and easterly
along said curve 733.69 feet through a central angle of 30°01'33"; thence South 79°21'27" East
309.99 feet to a point hereinafter to be referred to as Point "A".
Control Line "B"
Beginning at the hereinabove described Point "A"; thence South 15°38'31" West 74.21 feet to
the beginning of a curve concave northwesterly having a radius of 1400.04 feet; thence
southerly, southwesterly and westerly along said curve 1269.54 feet through a central angle of
51 °57'19"; thence South 67°35'50" West 139.46 feet to the beginning of a curve concave
southeasterly having a radius of 1400.04 feet; thence westerly and southwesterly along said
curve 694.50 feet through a central angle of 28°25'19"; thence South 39°10'3I' West 893.39 feet
March 30, 2006
WO No. 0919-68AX
Page 5 of 58
H&A Legal#: 6672
By: Robert Wheeler
~~~~~''P~.~~~s
Page 37 of 92
to a point hereinafter to be referred to as Point "N"; thence continuing South 39°10'31" West
269.80 feet to the beginning of a curve concave southeasterly having a radius of 1400.04 feet;
thence southwesterly and southerly along said curve 806.36 feet through a central angle of
32°59'59"; thence South 6°10'32" West 478.01 feet to the beginning of a curve concave
northwesterly having a radius of 1400.04 feet; thence southerly and southwesterly along said
curve 449.93 feet through a central angle of 18°24'48" to a point hereinafter referred to as point
"DD"; thence continuing southwesterly along said curve 393.00 feet through a central angle of
16°05'00"; thence continuing South 40°40'20" West 437.45 feet to the intersection of the
centerline of Barranca Parkway with the centerline of Armstrong Avenue as shown on said
Record of Survey.
Parcel III-D-S
Commencing at the above mentioned Point "DD" as described in Control Line "B"; thence North
65° 11'58" West 45.97 feet to the True Point of Beginning; thence North 49° 18'47" West 44.54
feet; thence South 40°43'59" West 330.25 feet; thence North 49°27'20" West 54.61 feet; thence
South 40°43'34" West 49.81 feet; thence South 49°27'20" East 54.61 feet; thence South
40°54'52" West 19.85 feet; thence South 49°32'16" East 22.34 feet; thence South 40°50'38"
West 51.22 feet; thence South 49° 16'46" East 69.85 feet to a line that is parallel with and 52.00
feet northwesterly of the above described Control Line "B"; thence along said parallel line North
40°40'20" East 131.28 feet to the beginning of a curve concave northwesterly having a radius of
1094.45 feet; thence leaving said parallel line northeasterly 235.77 feet along said curve through
a central angle of 12°20'35" to the beginning of a compound curve concave northwesterly having
a radius of 1354.04 feet, a radial line to said beginning of compound curve. bears South
61°40'15" East; thence northeasterly 78.31 feet along said curve through a central angle of
03°I8'49"; thence North 25°00'56" East 6.40 feet to the beginning of a curve concave
northwesterly having a radius of 1032.03 feet; thence northeasterly along said curve 3.87 feet
tluough a central angle of 00°12'53" to the True Point of Beginning.
Ordinance No. 1336
Page 38 of 92
Mazch 30, 20Q6
WO No. 0919-68AX
Page 6 of 58
H&A Legal#: 6672
By: Robert Wheeler
Checked By: R. Willit~ms
Parcel III-D-7
In the City of Tustin, County of Orange, State of California, being those portions of Blocks 9 and
47 of Irvine's Subdivision as shown on the map filed in Book 1, Page 88 of Miscellaneous
Record Maps, and as shown on the map filed in Book I65, Pages 31 through 39 inclusive of
Records of Survey, all of Records of said County, described as follows:
For the purpose of this description the following two control lines are hereby established.
Control Line "A"
Beginning ai the intersection of the centerline of Red Hill Avenue with the centerline of Valencia
Avenue as shown on said Record of Survey, the centerline of Red Hill Avenue having a bearing
of South 40°37'39" West between Valencia Avenue and Warner Avenue; thence South
49°20'07" East 106.23 feet to the beginning of a curve concave southwesterly having a radius of
1400.04 feet; thence southeasterly along said curve 134.49 feet through a central angle of
5°30'14"; thence South 43°49'53" East 101.77 feet to the beginning of a curve concave
northeasterly having a radius of 1400.04 feet; thence southeasterly along said curve 134.40 feet
through a central angle of 5°30'01 "; thence South 49°19'54" East 586.96 feet to the beginning of
a curve concave northeasterly having a radius of 1400.04 feet; thence southeasterly and easterly
along said curve 733.69 feet through a central angle of 3U°01'33"; thence South 79°21'27" East
309.99 feet to a point hereinafter to be referred to as Point "A".
Control Line "B"
Beginning at the hereinabove described Point "A"; thence South 15°38'31" West 74.21 feet to
the beginning of a curve concave northwesterly having a radius of 1400.04 feet; thence
southerly, southwesterly and westerly along said curve 1269.54 feet through a central angle of
51°57'19"; thence South 67°35'50" West 139.46 feet to the beginning of a curve concave
southeasterly having a radius of 1400.04 feet; thence westerly and southwesterly along said
curve 694.50 feet through a central angle of 28°25'19"; thence South 39°10'31" West 1163.19
March 30, 2006
WO No. 0919-68AX
Page 7 of 58
H&A Legal#:.6672
By: Robert Wheeler
ft~df~~''N~i.~~~~s
Page 39 of 92
feet to the beginning of a curve concave southeasterly having a radius of 1400.04 feet; thence
southwesterly and southerly along said curve 806.36 feet through a central angle of 32°59'59";
thence South 6°10'32" West 478.01 feet to the beginning of a curve concave northwesterly
having a radius of 1400.04 feet; thence southerly and southwesterly along said curve 842.93 feet
through a central angle of 34°29'48"; thence South 40°40'20" West 25.08 feet to a point
hereinafter referred to as Point "Q"; thence South 40°40'20" West 412.37 feet to the intersection
of the centerline of Barranca Parkway with the centerline of Armstrong Avenue as shown on said
Record of Survey.
Control Line "I"
Beginning at the intersection of the centerline of Barranca Parkway with the centerline of
Armstrong Avenue as shown on said Record of Survey; thence South 49° 19'41' East 27.47 feet
along the centerline of said Barranca Parkway to an angle point therein as shown on said Record
of Survey; thence South 49° 19'54" East 24.53 feet along said centerline to a line parallel with
and distant 52.00 feet southeasterly from that course hereinabove described as "South 40°40'20"
West 412.37 feet" in said Control Line "B", said point being the True Point of Beginning; thence
leaving said centerline North 40°40°20" East 2634.67 feet along said parallel line and its
northerly prolongation to the terminus of this control line.
Parcel III-D-7
Beginning at the hereinabove described Point "Q"; thence South 49°19'40" East 52.00 feet to the
True Point of Beginning; thence South 49°19'21" East 203.87 feet; thence North 40°41'40" East
400.29 feet; thence North 49°18'24" West 259.57 feet to the beginning of anon-tangent curve
concave northwesterly having a radius of 1446.09 feet, being concentric with and 46.00 feet
southeasterly of said Control Line "B", a radial line to said beginning of curve bears South
64°22'12" East; thence along said concentric curve southwesterly 68.15 feet through a central
angle of 02°42'01 "; thence South 28°19'49" West 55.50 feet to the beginning of a curve concave
northwesterly having a radius of 1192.34 feet, the southerly terminus of said curve being tangent
Ordinance No. 1336
Page 40 of 92
March 30, 2006
WO No. 0919-68AX
Page 8 of 58
H&A Legal#: 6672
By: Robert Wheeler
Checked By: R. Williams
to a line lying 52.00 feet southeasterly of and parallel with the most southwesterly course in the
above described Control Line "B"; thence southwesterly along said curve 256.84 feet through a
central angle of 12°20'31" to said parallel line; thence along said parallel line South 40°40'20"
West 25.08 feet to the True Point of Beginning.
Excepting therefrom that portion of said land lying northeasterly of said Control Line "I" .
Parcel III-ll-8
In the City of Tustin, County of Orange, State of California, being those portions of Bloc ks 9 and
47 of Irvine's Subdivision as shown on the map filed in Book 1, Page 88 of Miscellaneous
Record Maps, and as shown on the map filed in Book 165, Pages 31 through 39 inc: usive of
Records of Survey, all of Records of said County, described as follows:
For the purpose of this description the following two control lines are hereby established
Control Line "A"
Beginning at the intersection of the centerline of Red Hill Avenue with the centerline of Jalencia
Avenue as shown on said Record of Survey, the centerline of Red Hill Avenue between Valencia
Avenue and Warner Avenue bears South 40°37'39" West for the purpose of this description;
thence South 49°20'07" East 106.23 feet to the beginning of a curve concave southwesterly
having a radius of 1400.04 feet; thence southeasterly along said curve 134.49 feet through a
central angle of 5°30'14"; thence South 43°49'53" East 101.77 feet to the beginning of a curve
concave northeasterly having a radius of 1400.04 feet; thence southeasterly along said curve
134.40 feet through a central angle of 5°30'01" ;thence South 49°I9'S4" East 586.96 feet to the
beginning of a curve concave northeasterly having a radius of 1400.04 feet; thence southeasterly
and easterly along said curve 733.69 feet through a central angle of 30°01'33"; thence South
79°21'27" East 309.99 feet to a point hereinafter to be referred to as Point "A".
Control Line "B"
Marcl- 30, 2006
WO No. 0~~19-6$AX
Page 9 of 58
H&A Legal#: 6672
~, By: RobeR~rt Whueeler
Orman c~No: W~1J~~ms
Page 41 of 92
Beginning at the hereinabove described Point "A"; thence South 15°38'31" West 74.21 feet to
the beginning of a curve concave northwesterly having a radius of 1400.04 feet; thence
southerly, southwesterly and westerly along said curve 1269.54 feet through a central angle of
51°57'19"; thence South 67°35'50" West 139.46 feet to the beginning of a curve concave
southeasterly having a radius of 1400.04 feet; thence westerly and southwesterly along said
curve 694.50 feet through a central angle of 28°25'19"; thence South 39°10'31" West 1163.19
feet to the beginning of a curve concave southeasterly having a radius of 1400.04 feet; thence
southwesterly and southerly along said curve 806.36 feet through a central angle of 32°59'59";
thence South 6°10'32" West 478.01 feet to the beginning of a curve concave northwesterly
having a radius of 1400.04 feet; thence southerly and southwesterly along said curve 842.93 feet
through a central angle of 34°29'48"; thence South 40°40'20" West 25.08 feet to a point
hereinafter referred to as Point "Q"; thence South 40°40'20" West 412.37 feet to the intersection
of the centerline of Barranca Parkway with the centerline of Armstrong Avenue as shown on said
Record of Survey.
Control Line "I"
Beginning at the intersection of the centerline of Barranca Parkway with the centerline of
Armstrong Avenue as shown on said Record of Survey; thence South 49°19'41" East 27.47 feet
along the centerline of said Barranca Parkway to an angle point therein as shown on said Record
of Survey; thence South 49°19'54" East 24.53 feet along said centerline to a point on a line
parallel with and distant 52.00 feet southeasterly from that course hereinabove described as
"South 40°40'20" West 412.37 feet" in said Control Line "B", said point being the True Point of
Beginning; thence leaving said centerline North 40°40'20" East 2634.67 feet along said parallel
line and its northerly prolongation to the terminus of this control line.
Pazcel IIi-D-8
Beginning at the hereinabove described Point "Q"; thence South 49°19'40" East 52.00 feet to the
True Point of Beginning; thence South 49° 19'21" East 203.87 feet; thence North 40°41'40" East
Ordinance No. 1336
Page 42 of 92
March 30, 2006
WO No. 0919-68AX
Page 10 of 58
H&A Legal#; 6612
By: Robert Wheeler
Checked By: R. Williams
400.29 feet; thence North 49°18'24" West 259.57 .feet to the beginning of a non-tange.~t curve
concave northwesterly having a radius of 1446.09 feet, a radial line to said beginning ~~f curve
bears South 64°22'12" East; thence along said curve southwesterly 68.15 feet through a central
angle of 02°42'01 "; thence South 28°19'49" West 55.50 feet to the beginning of a curve concave
northwesterly having a radius of 1192.34 feet, the southerly terminus of said curve being tangent
to a line lying 52.00 feet southeasterly of and parallel with the most southwesterly cour,;e in the
above described Control Line "B"; thence southwesterly along said curve 256.84 feet tl Trough a
central angle of 12°20'31" to said parallel line; thence along said parallel line: South 4-~°40'20"
West 25.08 feet to the True Point of Beginning.
Exception No. 1
Excepting therefrom that portion of said land lying northwesterly of said Contrc,l Line "I".
Parcel I-Gl
In the City of Tustin, County of Orange, State of California, being those portions of Bloc ks 9, 10,
46, and 47 of Irvine's Subdivision as shown on the map filed in Book 1, Page 88 of
Mis;.ellanecus Record Maps, and as shown on a map filed in Book 165, Pages 31 the ough 39
inclusive of Records of Surveys, both of the Records of said County, described as follow.:
For the purpose of this description the following control Line is hereby established:
Control Line "A"
Beginning at the intersection of the centerline of Red Hill Avenue with the centerline of Jalencia
Avenue as shown on said Record of Survey, the centerline of Red Hilt Avenue having a bearing
of North 40°38'29" East between Valencia Avenue and Edinger Avenue; thence South 49°20'07"
East 106.23 to the beginning of a curve concave southwesterly having a radius of 1400.04 feet;
thence southeasterly along said curve 134,49 feet through a central angle of 5°30'14"; thence
South 43°49'53" East 101.77 feet to the beginning of a curve concave northeasterly having a
Marc ~ 30, 2006
WO No. 0 )19-68AX
Page 11 of 58
H&A Legal#: 6b72
By: Robert Wheeler
Page 43 of 92
radius of 1400.04 feet; thence southeasterly along said curve 134.40 feet through a central angle
of 5°30'U1"; thence South 49°19'54" East 586.96 feet to the beginning of a curve concave
northeasterly having a radius of 1400.04 feet; thence southeasterly and easterly along said curve
733.69 feet through a central angle of 30°01'33"; thence South 79°21'27" East 309.99 feet to a
point hereinafter to be referred to as Point "A"; thence continuing South 79°21'27" East 1047.64
feet to the beginning of a curve concave southwesterly having a radius of 1400.04 feet; thence
southeasterly and easterly along said curve 733.34 feet through a central angle of 30°00'42";
thence South 49°20'45" East 1521.19 feet.
Control Line "B"
Beginning at the hereinbefore described Point "A"; thence South 15°38'31" West 74.21 feet to
the beginning of a curve concave northwesterly having a radius of 1400.04 feet; thence
southerly, southwesterly and westerly along said curve 1269.54 feet through a central angle of
51°57'19"; thence South 67°3S'S0" West 139.46 feet to the beginning of a curve concave
southeasterly having a radius of 1400.04 feet; thence westerly and southwesterly along said
curve 330.03 feet through a central angle of 13°30'23" to a point hereinafter referred to as Point
"EE", a radial line to said point bears North 35°54'33" West; thence continuing southwesterly
along said curve 364.47 feet through a central angle of 14°54'56"; thence South 39°10'31" West
1163.19 feet to the beginning of a curve concave southeasterly having a radius of 1400.04 feet;
thence southwesterly and southeasterly along said curve 806.36 feet through a central angle of
32°59'59"; thence South 6°10'32" West 478.01 feet to the beginning of a curve concave
northwesterly having a radius of 1400.04 feet; thence southwesterly and southerly along said
curve 842.93 feet through a central angle of 34°29'48"; thence South 40°40'20" West 437.45 feet
to the intersection of the centerline of Barranca Parkway with the centerline of Armstrong
Avenue as shown on said Record of Survey.
Control Line "F"
Ordinance No. 1336
Page 44 of 92
March 30, 2006
., .
WO No. 0919-68AX
Page 12 of 58
H&A Legal#: 6672
By: Robert Wheeler
Checked By: R. Williams
Beginning at the intersection of the centerline of Von Karman Avenue with the centerline of
Ban•anca Parkway as shown on said Record of Survey, the centerline of Barranca :Parkway
having a bearing of North 49°19'54" West between Von Karman Avenue and Jamboree Road;
thence leaving said intersection North 40°40'06" East 302.71 feet to the beginning of a curve
concave southerly having a radius of 1800.05 feet; thence northeasterly and easterly 182.:+.01 feet
along said curve through a central angle of 58°05'25"; thence South 81°14'29" East 72:.96 feet
to a point hereafter described as Point "FF", said point being the beginning of a curve concave
northwesterly having a radius of 1400.04 feet; thence easterly and northeasterly 178f..24 feet
along said curve through a central angle of 73°10'57" to a point hereinafter referred to as Point
"GG"; thence continuing northeasterly and northerly along said curve 170.48 feet tY rough a
central angle of 06°58'37"; thence North 18°35'57" East 1562.86 feet to the beginning w' a curve
concave southeasterly having a radius of 2350.06 feet; thence northerly and northeasterly along
said curve 904.63 feet through a central angle of 22°03'19"; thence North 40°39'I6" East 84.76
feet to the easterly prolongation of said Control Line "A", said point being distant al~~ng said
prolongation South 49°20'45" East 70.41 feet from the easterly terminus of said Control Line
"A", said point also being the terminus of the herein described Control Line "F".
Parcel I-G-1
Beginning at the above mentioned Point "EE" as described in said Control Line "B"; thence
South 35°54'33" East 46.00 feet radial to said Control Line "B", to the True Point of Beginning;
thence South 49°19'54" East 1922.91 feet; thence North 40°40'OG" East 1176.28 feet to a line
having a bearing of North 49°19'54" West which passes through a point on a line parallel with
and distant 60.00 feet westerly, measured at right angles, from that certain course in said Control
Line "F" having a bearing and distance of North 18°35'57" East 1562.86 feet, said point being
distant along said parallel line South 18°35'57" West 306.63 feet from a point which is Iv'orth
71°24'03" West 60.00 feet from the northerly terminus of that certain course in Control Line "F"
last cited; thence along said line South 49° 19'54" East 1628.70 feet to said parallel line; thence
along said parallel line South 18°35'57" West 1256.23 feet to the beginning of a curve concave
northwesterly having a radius of 1340.04, being concentric with and distant 60.00 feet westerly
March 30, 2006
WO No. 0919-68AX
Page 13 of 58
H&A Legal#: 6672
By: RobeRrt wWilh~ej eler
~redinan c~+. Ro. 133~'S
Page 45 of 92
from said Control Line "F"; thence southerly and southwesterly along said curve 1154.65 feet
trough a central angle of 49°22'09"; thence leaving said concentric curve North 24°10'15" West
12.01 feet to a point on anon-tangent curve concave northerly having a radius of 1328.04, being
concentric with and distant 72.00 feet northwesterly from said Control Line "F", a radial line to
said point bears South 22°00'44" East; thence westerly 181.16 feet along said curve through a
central angle of 07°48'57"; thence leaving said concentric curve South 24°10'13" East 12.18 feet
to the intersection with the southwesterly continuation of said 1340.04 foot radius curve, a radial
line to said point bears South 14°17'12" East; thence concentric and parallel with said Control
Line "F" westerly along said curve 538.98 feet through a central angle of 23°02'43"; thence
North 81°14'29" West parallel with Control Line "F" 599.71 feet; thence leaving said parallel
line North 43°38'07" West 31.73 feet; thence North 06°01'48" West 28.78 feet to the beginning
of a curve concave westerly having a radius of 2410.07 feet; thence northerly 50.01 feet along
said curve through central angle of O1°11'20"; thence North 83°58'10" East 12.00 feet to the
beginning of anon-tangent curve concave westerly having a radius of 2422.07 being concentric
with and distant 12.00 feet easterly from the northerly continuation of said 2410.07 foot radius
curve, a radial line to said beginning of curve bears North 82°47'13" East; thence northerly along
said curve 180.34 feet through a central angle of 04° 15'58"; thence leaving .said concentric curve
South 83°58'12" West 12.06 feet to a point on the northerly continuation of said 2410.07 foot
radius curve, a radial line to said point bears North 78°29'37" East; thence northerly and
northwesterly along said curve 1558.11 feet through a central angle of 37°02'30"; thence North
48°32'53" West 807.56 feet; thence North 47°35'35" West 300.05 feet; thence North 48°32'53"
West 183.41 feet to a line that bears South 48°53'39" East passing through a point in said
Control Line `B" that lies North 39°10'31" East 269.80 feet along said control line from the
southerly terminus that certain course described above as "South 39° 10'31 " West 1163.19 feet"
in said Control Line "B"; thence North 04°41'11" West 35.97 feet to a line that is parallel with
and distant southeasterly 52.00 feet, measured at right angles, from said Control Line "B";
thence along said parallel line North 39°10'31" East 50.00 feet to the beginning of a curve
concave to the southeast having a radius of 42.00 feet; thence leaving said parallel line
northeasterly along said curve 10.38 feet through a central angle of 14°09'13"; thence North
March 30, 2006
WO No. 0919-68AX
Page 14 of 58
H&A Legal#: 6672
By: Robert Wheeler
Ordinance No. 1336 Checked By: R. Williams
Page 46 of 92
53°19'44" East 36.66 feet to the beginning of a curve concave to the northwest having a radius of
58.00 feet; thence northeasterly along said curve 14.33 feet through central angle of 14x09'13";
thence North 39°10'31" East 60.00 feet to the beginning of a curve concave to the northwest
having a radius of 58.00 feet; thence northeasterly along said curve 14.33 feet through central
angle of 14°09'13"; thence North 25°01'18" East 36.66 feet to the beginning of a curve concave
to the southeast having a radius of 42.00 feet and at its northeasterly terminus being tangent to a
line that is parallel with and distant southeasterly 52.00 feet from said Control Line "B' ; thence
northeasterly along said curve 10.38 feet through a central angle of 14°09'13"; thence al.~ng said
parallel line North 39° 10'31" East 112.19 feet to the beginning of a curve concav ; to the
northwest having a radius of 3759.60 feet; thence leaving said parallel line northeasterly along
said curve 150.35 feet through central angle of 02°17'30" to the bcginning cf a revere curve
concave to the southeast having a radius of 3743.60, a radial line to said beginning of cur /e bears
North 53°06'59" West; thence northeasterly along said curve 149.73 feet through a cenh al angle
of 02°17'30" to a line parallel with and distant southeasterly 46.00 feet, measured at right angles,
from said Control Line `B"; thence parallel with said Control Line "B" North 39°10':sl" East
227.,85 feet to the beginning of a curve concave to the southeast having a radius of 1354.04 feet,
being concentric with and distant southeasterly 46.00 feet from said Control Line "B' ; thence
northeasterly along said curve 352.49 feet through central angle of 14°54'56" to the True Point of
Beginning.
Exception No. 1
Excepting therefrom that portion of said Block 46 described as follows:
Beginning at the hereinabove described Point "GG" as described in said Control Line "F";
thence North 64°24'30" West, radial to said Control Line "F", 60.00 feet to the beginning of a
curve concave westerly having a radius of 1340.04 feet, being concentric with and distant 60.00
feet northwesterly from said Control Line "F", a radial line to said beginning of curve bears
South 64°24'30" West; thence northerly along said curve 163.54 feet through a central angle of
06°`..9'33" tc~ a Line parallel with and distant 60.00 feet westerly from said Control L,ne "F";
Marcl~ 30, 2006
WO No. 0919-68AX
Page 25 of 58
HBtA Legal#: 6672
By: Robert Wheeler
~rc~inl`a~i BeYNb. 1-33~ms
Page 47 of 92
thence North 18°35'57" East 120.1$ feet along said parallel line to the True Point of Beginning;
thence continuing along said parallel line North 18°35'57" East 526.06 feet; thence leaving said
pazallel line WEST 180.20 feet; thence South O1°25'36" East 498.74 feet to the True Point of
Beginning.
Exception No. 2
Also excepting therefrom those portions of said Blocks 46 and 47 described as follows:
Beginning at the above described Point "FF" as described in Control Liae "F"; thence North
08°45'3I" East, radial to said Control Line "F", 60.00 feet to the beginning of anon-tangent
curve concave northerly having a radius of 1340.04 feet, being concentric with and distant 60.00
feet northwesterly from said Control Line "F", a radial line to said beginning of curve bears
South 08°45'31" West; thence easterly 4.86 feet along said concentric curve through a central
angle of 00°12'29" to the True Point of Beginning; thence North 31°12'41" West 21$.63 feet;
thence North 03°23'34" West 642.13 feet; thence North 49°05'08" West 188.57 feet; thence
North OS°58'30" East 264.19 feet; thence North 63°40'32" East 319.65 feet; thence South
52°56'23" East 180.45 feet; thence North 68°59'21" East 346.54 feet; thence EAST 236.00 feet;
thence South 24°59'54" East ?44.22 feet; thence South 12°00'08" East 129.84 feet; thence South
32°35'37" West 540.43 feet to the beginning of anon-tangent curve concave northwesterly
having a radius of 1340.04 feet, being concentric with and 60.00 feet northwesterly of the above
described Control Line "F", a radial line to said beginning of curve bears South 25°24'09" East;
thence southwesterly along said curve 78.84 feet through a central angle of 03°22'15"; thence
leaving said concentric curve North 24° 10' 15" West 12.01 feet to a point on anon-tangent curve
concave to the northwest having a radius of 1328.04 being concentric with and distant 72.00 feet
northwesterly from said Control Line "F", a radial line to said beginning of curve bears South
22°00'44" East; thence westerly along said curve 181.16 feet through a central angle of
07°48'57"; thence leaving said concentric curve South 24°10'13" East 12.18 feet to the
intersection with the southwesterly prolongation of said 1340.04 foot radius curve, a radial Line
Ordinance No. 1336
Page 48 of 92
Mazch 30, 2006 ~-~-
WO No. 0919-68AX
Page 16 of 58
H&A Legal#: 6672
By: Robert Wheeler
Checked By: R. Williams
to said point bears South 14°17'12" East; thence concentric with said Control Line "F" ~Nesterly
along said curve 534.12 feet through a central angle of 22°50'14" to the True Point of Beginning.
Exception No. 3
Also excepting therefrom that portion of said Block 46 described as follows:
Beginning at the hereinabove described Point "GG" as described in said Control L ne "F";
thence North 64°24'30" West radial to said Control Line "F" 60.00 feet to a point on a curve
concentric with and distant 60.00 feet northwesterly from said Control Line "F", said point being
the True Point of Beginning; thence leaving said curve North 49°58'51" West 516.58 fees; thence
South 79°44'35" West 53.35 feet; thence North 10°28'19" West 613.47 feet; thence North
79°23'24" East 180.59 feet; thence South IO°36'35" East 613.74 feet; thence North 6ti°42'20"
East 58.79 feet; thence South 49°23'29" East 361.07 feet to the beginning of anon-tangent curve
having a radius of 1340.04 feet, being concentric with and distant 60.00 feet westerly from said
Control Line "F", a radial to said beginning bears South 71 °04'21"; thence southerly and
southwesterly along said curve 155.86 feet through a central angle of 06°39'51" to the True Point
of Beginning.
Exception No. 4
Also excepting therefrom that portion of said Blocks 10 and 46 described as follows:
Beginning at the hereinabove described Point "EE" as described in said Control Line "B"; thence
along the above-described radial Line South 35°54'33" East 46.00 feet to the True Point of
Beginning; thence South 49° 19'54" East 1922.91 feet; thence North 40°40'06" East 1176.28 feet
to a line having a bearing of North 49° 19'54" West which passes through a point on a line
parallel with and distant 60.00 feet westerly, measured at right angles, from that certain course in
said Control Line "F" having a bearing and distance of North 18°35'57" East 1562.86 feet, said
point being distant along said parallel line South 18°35'57" West 306.63 feet from a point which
is North 71°24'03" West 60.00 feet from the northerly terminus of that certain course in Control
March 30, 2006
WO No. 019-58AX
Page 17 of 58
H&A Legal#:6572
By: Robert Wheeler
C~~~~~1~' ~~lbams
Page 49 of 92
Line "F" last cited; thence along said line South 49° 19'54" East 373.31 feet; thence South
06°04'27" West 364.28 feet; thence South 74°02'39" West 763.93 feet; thence South I4°52'08"
East 354.62 feet; thence South 6S°28'17" West 755.15 feet; thence North 2S°48'57" West 880.64
feet; thence North 74°32'34" West 640.67 feet; thence North 70°09'11" West 269.51 feet; thence
North 33°57'12" West 467.62 feet to a point on a line parallel with and distant 46.00 feet
southeasterly of the line described above in Control Line "B" as "South 39°IO'31" West 1163.19
feet"; thence along said parallel line North 39°10'3I" East 191.48 feet to the beginning of a curve
concave southeasterly having a radius of 1354.04 feet, said curve being concentric with and
46.00 feet southeasterly of Control Line "B"; thence northeasterly along said concentric curve
352.49 feet through a central angle of 14°54'56" to the True Point of Beginning.
Exception No. S.
Also excepting therefrom that portion included within Tract No. 16695, as shown on a map
recorded in Book 866, Pages 1 through 9, inclusive, of Miscellaneous Maps, Records of said
Orange County.
Parcel IV-G-3
In the City of Tustin, County of Orange, State of California, being those portions in Blocks 46
and 47 of Irvine's Subdivision as shown on the map filed in Book 1, Page 88 of Miscellaneous
Record Maps, and as shown on a map filed in Book 165, Pages 31 through 39 inclusive of
Records of Survey, all of the Records of said County, described as follows:
For the purpose of this description the following control line is hereby established:
Control Line "F"
Beginning at the intersection of the centerline of Von Karman Avenue with the centerline of
Barranca Parkway as shown on said Record of Survey, the centerline of Barranca Parkway
Ordinance No. 1336
Page 50 of 92
March 30, 2006
WO No. 0919-68AX
Page 18 of 58
H&A Legal#: 6672
By: Robert Wheeler
Checked By: R. Williams
having a bearing of North 49° 19'54" West between the centerline of Armstrong Avenue and Von
Karman Avenue; thence leaving said intersection North 40°40'06" East 302.71 feet to the
beginning of a curve concave southerly having a radius of 1800.05 feet; thence northeasterly and
easterly 1825.01 feet along said curve through a central angle of 58°05'25"; thence South
81°14'29" East 725.96 feet to a point hereafter described as Point "FF", said point being the
beginning of a curve concave northwesterly having a radius of 1400.04 feet; thence easterly and
northeasterly along said curve 1958.72 feet through a central angle of 80°09'34".
Parcel IV-G-3
Beginning at the above described Point "FF"; thence North 08°45'31" East 60.00 feet to the
beginning of anon-tangent curve concave northerly having a radius of 1340.04 feet, a radial line
to said beginning of curve bears South O8°45'31" West; thence easterly 4.86 feet along said curve
through a central angle of 00° 12'29" to the True Point of Beginning; thence North 31 ° 12'41"
West 218:63 feet; thence North 03°23'34" West 642.13 feet; thence North 49°05'08" West
188.57 feet; thence North OS°58'30" East 264.19 feet; thence North 63°40'32" East 319.65 feet;
thence South 52°56'23" East 180.45 feet; thence North 68°59'21" East 346.54 feet; thence EAST
236.00 feet; thence South 24°59'54" East 744.22 feet; thence South 12°00'08" East 129.84 feet;
thence South 32°35'37" West 540.43 feet to the beginning of anon-tangent curve concave
northwesterly having a radius of 1340.04 feet, a radial line to said beginning of curve bears
South 25°24'10" East, said curve being concentric with and 60.00 feet northwesterly of the above
described Control Line "F"; thence southwesterly 78.84 feet along said curve through a central
angle of 03°22'15"; thence North 24°10'15" West 12.01 feet to the beginning of anon-tangent
curve concave northerly having a radius of 1328.04 feet, a radial line to said beginning of curve
bears South 22°00'44" East, said curve being concentric with and 72.00 feet northerly of the
above described Control Line "F"; thence westerly 181.16 feet along said curve through a central
.angle of 07°48'57"; thence South 24° 10' 13" East 12.18 feet to the beginning of anon-tangent
curve concave northerly having a radius of 1340.04 feet, a radial line to said beginning of curve
bears South 14° 17' 12" East, said curve being concentric with and 60.00 feet northerly of the
March 30, 2006
WO No. 0919-68AX
Page 19 of 58
H&A Legal#: 6672
By: Robert Wheeler
d~r~ifi~~11U$: Tt'~~~ms
Page 51 of 92
above described Control Line "F"; thence westerly 534.12 feet along said curve through a central
angle of 22°50'14" to the True Point of Beginning.
Excepting therefrom that portion included within Tract No. 16695, as shown on a map recorded
in Book 866, Pages 1 through 9, inclusive, of Miscellaneous Maps, Records of said Orange
County.
Parcel III-G4
In the City of Tustin, County of Orange, State of California, being those portions of Lots 86, 87,
90 and 91 in Block 46 of Irvine's Subdivision as shown on the map filed in Book 1, Page 88 of
Miscellaneous Record Maps, and as shown on a map fled in Book 165, Pages 31 through 39
inclusive, of Records of Survey, all of Records of said County, described as follows:
For the purpose of this description the following control line is hereby established:
Control Line "F"
Beginning at the intersection of the centerline of Von Korman Avenue with the centerline of
Barranca Parkway as shown on said Record of Survey, the centerline of Barranca Parkway
having a bearing of North 49°19'54" West between Millikan Avenue and Von Korman Avenue;
thence leaving said intersection North 40°40'06" East 302.71 feet to the beginning of a curve
concave southerly having a radius of 1800.05 feet; thence northeasterly and easterly 1825.01 feet
along said curve through acentral -angle of 58°05'25"; thence South 81 ° 14'29" East 725.96 feet
to the beginning of a curve concave northwesterly having a radius of 1400.04 feet; thence
easterly and northeasterly along said curve 1787.86 feet through a central angle of 73°10'01" to a
point hereinafter referred to as Point "GG"; thence continuing northeasterly and northerly along
said curve 170.86 feet through a central angle of 06°59'33"; thence North 18°35'57" East
1562.86 feet.
Ordinance No. 1336
Page 52 of 92
March 30, 2006
WO No. 0919-68AX
Page 20 of 58
H&A Legal#: 6672
By: Robert Wheeler
Checked By: R. Williams
Parcel III-G-4
Beginning at the hexeinabove described Point "GG"; thence radial to said curve North 64°24'30"
West 60.00 feet to the True Point of Beginning; thence North 49°58'51" West 516.58 fee.:; thence
South 79°44'35" West 53.35 feet; thence North 10°28'19" West 613.47 feet; thence North
79°3'24" East 180.59 feet; thence South 10°36'35" East 613.74 feet; thence North 6u°42'20"
East 58.79 feet; thence South 49°23'29" East 361.07 feet to the beginning of anon-tange~~t curve,
concave westerly with a radius of 1340.04 feet, a radial line to said beginning of cure bears
South 71°04'21" East, said curve being concentric with and distant 60.00 feet westerly fi om said
Control Line "F"; thence southerly and southwesterly along said curve 155.86 feet through a
central angle of 06°39'51" to the True Point of Beginning.
Parcel II-G-S
In the City of Tustin, County of Orange, State of California, being that portion of Lit 87 in
Block 46 of Irvine's Subdivision as shown on the map filed in Book 1, Page 88 of Misce laneous
Recurd Maps, and as shown on a map filed in Book 165, Pages 31 through 39 incli live, of
Records of Survey, all of the Records of said County, described as follows:
For the purpose of this description the following control line is hereby established:
Control Line "F"
Beginning at the intersection of the centerline of Von Karman Avenue with the centerline of
Bananca Parkway as shown on said Record of Survey, the centerline of Barranca Parkway
having a bearing of North 49°19'54" West between Armstrong Avenue and Von Karman
Avenue; thence leaving said intersection North 40°40'06" East 302.71 feet to the beginr ing of a
curve concave southerly having a radius of 1800.05 feet; thence northeasterly and easterly
182`.01 feet along said curve through a central angle of 58°05'25"; thence South 81°14':'9" East
725.96 feet to the beginning of a curve concave northwesterly having a radius of 1400 04 feet;
Marcl 30, 2006
WO No. OS 19-68AX
Page 21 of 58
H&A Legal#: 6672
By: Robert Wheeler
(~r'~inan c~No. 13~~
Page 53 of 92
thence easterly, northeasterly and northerly along said curve 1958.72 feet through a central angle
of 80°09'37"; thence North 18°35'57" East 1562.86 feet.
Parcel II-G-S
Beginning at a city boundary corner of the City of Irvine and the City of Tustin as shown on said
Record of Survey, said corner being the northwesterly terminus of that certain course in said city
boundary having a bearing and distance of "North 49°21'01" West 3215.05 feet" as shown
thereon; thence along said city boundary South 49°21'01" East 742.13 feet to the most westerly
corner of the land described as Parcel 2 in the Grant of Easement recorded September 12, 1988
as Instrument No. 88-456310 of Official Records of said County; thence leaving said city
boundary and along said easement boundary the following three courses:
1) North 40°39'59" East 5.00 feet;
2) South 51°43'26" East 96.58 feet;
3) South 56° 10'26" East 117.45 feet;
Thence leaving said easement North 40°40'06" East 465.82 feet; thence North 49°19'54" West
172.50 feet; thence North 40°40'06" East 394.09 feet; thence North 49° 19'54" West 467.56 feet;
thence South 64°00'23" West 540.77 feet to the beginning of a curve concave southeasterly
having a radius of 1354.04 feet; thence southwesterly 249.24 feet along said curve through a
central angle of 10°32'49"; thence North 53°34'01" West 234.67 feet; thence North 03°2l'36"
East 656.88 feet; thence North O1°25'36" West 163.96 feet to a point on a line that is parallel
with and distant 60.00 feet westerly from said Control Line "F", said point being the True Point
of Beginning; thence along said parallel line North 18°35'57" East 526.06 feet; thence leaving
said parallel line WEST 180.20 feet; thence South O1°25'36" East 498.74 feet to the True Point
of Beginning.
Parcel I-H-1
Ordinance No. 1336
Page 54 of 92
Mazch 30, 2006
WO No. 0919-68AX
Pagt 22 of 58
H&A Lega]#: 6672
By: Robert Wheeler
Checked By: R. Williams
In the City of Tustin, County of Orange, State of California, being those portions of Lots 73, 74,
75, 87 through 90 in Block 46 and Lots 189 and 196 in Block 62 of Irvine's Subdiv3 Sion as
shown on the map filed in Book 1, Page 88 of Miscellaneous Record Maps, and as shown on the
map filed in Book 165, Pages 31 through 39, inclusive of Records of Survey, both of the Records
of said County, described as follows:
For the purpose of this description of the following control line is hereby established:
Control Line "A"
Beginning at the intersection of the centerline of Red Hill Avenue with the centerline of Valencia
Avenue as shown on said Record of Survey, the centerline of Red Hill Avenue having a bearing
of North 40°38'29" East between Valencia Avenue and Edinger Avenue; thence South 49°20'07"
East 106.23 to the beginning of a curve concave southwesterly having a radius of 1400.04 feet;
thence southeasterly along said curve 134.49 feet through a central angle of 5°30'14"; thence
South 43°49'53" East 101.77 feet to the beginning of a curve concave northeasterly having a
radius of 1400.04 feet; thence southeasterly along said curve 134.40 feet through a central angle
of 5°30'01"; thence South 49°19'54" East 586.96 feet to the beginning of a curve concave
northeasterly having a radius of 1400.04 feet; thence southeasterly and easterly along said curve
733.69 feet through a central angle of 30°01'33"; thence South 79°21'27" East 309.99 feet to a
point hereinafter to be referred to as Point "A"; thence continuing South 79°21'27" East 1047.64
feet to the beginning of a curve concave southwesterly having a radius of 1400.04 feet; thence
southeasterly and easterly along said curve 733.34 feet through a central angle of 30°00'42";
thence South 49°20'45" East 1521.18 feet to the easterly terminus of said Control Line "A".
Control Line "F"
Beginning at the intersection of the centerline of Von Karman Avenue with the centerline of
Barranca Parkway as shown on said Record of Survey, the centerline of Barranca Parkway
having a bearing of North 49°19'54" West between Von Karman Avenue and Jamboree Road;
thence leaving said intersection North 40°40'06" East 302.71 feet to the beginning of a curve
March 30, 2006
WO No. 0919-68AX
Page 23 of 58
H&A Legal#: 6672
By: RobeRrt Wheeler
Sr'c~ nan c~'iVo. ~1 ~1J~~ms
Page 55 of 92
concave southerly having a radius of 1800.05 feet; thence northeasterly and easterly 1825.01 feet
along said curve through a central angle of 58°05'25"; thence South 81 ° 14'29" Easi 725.96 feet
to the beginning of a curve concave northwesterly having a radius of 1400.04 feet; thence
easterly and northeasterly 881.48 feet along said curve through a central angle of 36°04'26" to a
point hereinafter referred to as Point "T"; thence continuing northeasterly along said curve
906.76 feet through a central angle of 37°06'31" to a point hereinafter referred to as Point "GG";
thence continuing northeasterly and northerly along said curve 170.48 feet through a central
angle of 06°58'37"; thence North I8°35'57" East 1562.86 feet to the beginning of a curve
concave. southeasterly having a radius of 2350.07 feet; thence northerly and northeasterly along
said curve 904.63 feet through a central angle of 22°03'19"; thence North 40°39'I6" East 84.76
feet to a point on the easterly prolongation of said Control Line "A", said point being distant
along said prolongation South 49°20'45" East 70.41 feet from the easterly terminus of said
Control Line "A", said point also being the terminus of the herein described Control Line "F".
Control Line "H"
Beginning at the hereinabove described Point "T" said point being the beginning of a curve
concave northeasterly having a radius of 1400.04 feet, a radial line to said beginning bears South
61°08'34" West; thence southeasterly along said curve 364.02 feet through a central angle of
14°53'51"; thence South 43°45'17" East 256.16 feet to the terminus of the herein described
Control Line "H".
Parcel I-H-1
Beginning at the easterly terminus of the above mentioned Control Line "A"; thence North
36°36'58" East 79.20 feet; thence South 42°21'53" East 161.02 feet; thence South 03°15'56" East
10.32 feet; thence South 49°20'45" East 354.49 feet to the beginning of a curve concave to the
southwest having a radius of 1027.13 feet; thence southeasterly along said curve 89.49 feet
through a central angle of 04°59'32" ~ to the beginning of a compound curve concave to the
southwest having a radius of 2337.00 feet, a radial line to said beginning of curve bears North
Ordinance No. 1336
Page 56 of 92
March 30, 2006
WO No. 0919-68AX
Page 24 of 58
H&A Legal#:6672
By: Robert Wheeler
Checked By: R. Williams
45°38'47" East; thence southeasterly along said curve 163:4? feet through a central angle of
04°00'28" to the beginning of a compound curve having a radius of 1446.04 feet, a radial line to
said beginning of curve bears North 49°39'1 S" East; thence southeasterly and southerly along
said curve 717.71 feet through a central angle of 28°26'16"; thence North 87° 14'40" E, Est 12.1 S
feet to the beginning of non-tangent curve concave westerly having a radius of 1458.(4 feet, a
radial line to said beginning of curve beazs North 78°10'04" East; thence southerly along said
cun~e 180.96 feet through a central angle of 07°06'40"; thence South 87°14'37" West 1 x.01 feet
to a point on the southerly continuation of said 1446.04 foot radius curve, a radial tin; to said
intersection beazs North 8S°15'45" East; thence southerly along said continuation 511.01 feet
through a central angle of O1°S8'S4"; thence South 46°20'08" East 37.23 feet; thenc:e~ South
00°~S'07" West 92.00 feet; thence South 89°S4'SS" East 50.00 feet; thence South 0,)°05'05"
West 12.00 feet; thence South 89°54'SS" East 180.00 feet; thence North 00°OS'OS" East 12.00
feet; thence South 89°S4'SS" East 148.86 feet to the beginning of a curve concave to the north
having a radius of 1446.05 feet; thence easterly along said curve 507.78 feet through central
angle of 20°07'10"; thence North 69°S7'SS" East 909.77 feet to the westerly line of Parcel No.
F10~ 101 as described in deed to the Orange County Flood Control District recorded August 19,
1963 in Book 6681, Page 721, Official Records, Records of said County; thence southerly along
said westerly line the following three (3) courses:
1) South 20°02'09" East 939.51 feet to the beginning of a curve concave westerly having a radius
of 755.00 feet;
2) southerly 106.82 feet along said curve through central angle of 08°06'24" to a point
hereinafter referred to as Point No. 1, said point being distant northeasterly 6.43 feet, through a
central angle of 00°29'17" along said 755.00 foot radius curve from the intersection of said
westerly line with the northwesterly line of Parcel 2 of the easement for road purposes recorded
September 12, 1988 as Instrument No. 88-456310, Official Records of said County, a radial line
to said Point No. 1 bears North 78°04'1S" East;
March 30, 2006
WO No. 099-b8AX
Page 2S of 58
H&A Legal#: 6672
~}, By: Robert Wheeler
QT'~f~~a~`t~~' 1~0~1'~3~5
Page 57 of 92
3) Continuing southerly along said curve 243.21 feet through a central angle of 18°27'24" to the
most northerly corner of Parcel No. F10-101 as described in said deed; thence along the
northwesterly, westerly and southwesterly lines of said parcel the following (3) courses;
1) South 50°29'03" West 44.23 feet to the beginning of anon-tangent curve concave to the west
having a radius of 725.00 feet, a radial line to said beginning of curve bears South 80°57'20"
East;
2} Southerly 90.00 feet along said curve through a central angle of 07°06'45";
3) South 09°23'41" East 64.37 feet to the intersection with the southwesterly line of Parcel No.
F10-101 as described in said deed, being anon-tangent curve concave northwesterly having a
radius of 755.00 feet, a radial line to said intersection bears South 69°25'54" East;
Thence southwesterly 74.71 feet along said curve through a central angle of OS°40'11" to the
northwesterly line of Parcel No. F6-401 as described in said deed; thence along said
northwesterly Line South 46°07' 11" West 819.08 feet to the most easterly corner of Parcel No.
F6-401.1 as described in said deed; thence along the westerly, northwesterly, most northeasterly
and most northwesterly lines of said Parcel F6-401.1 the following four (4) courses;
1) South 71°37'48" West 34.83 feet;
2) South 46°07'11" West 120.00 feet;
3) North 49°19'03" West 45.21 feet;
4} South 46°07' 11 " West 52.89 feet;
Thence leaving said most northwesterly line North 49°19'04" Nest 199.28 feet to the
northwesterly line of Jamboree Road described as Parcel 2 of the easement for road purposes
recorded September 12, 1988 as Instrument No. 88-456310 and assigned to the City of Tustin by
Instrument No. 95-196417, recorded .May 8, 1995, all of Official Records, Records of said
Ordinance No. 1336
Page 58 of 92
Mazch 30, 2006
WO No. 0919-68AX
Page 26 of 58
H&A Legal#: 6672
By: Robert Wheeler
Checked By: R. Williams
County; thence along the northwesterly and northeasterly lines of said Parcel 2 the following
seventeen (17) courses;
1.) South 47°21'06" West 289.07 feet;
2.) South 45 ° 11' 12" West 217.11 feet
3.) South 44n36'42" West 189.37 feet;
4.) South 45"29'10" West 110.98 feet;
5.) South 43°03'44" West 143.95 feet;
6.) South 46"19'53" West 95.52 feet;
7.) South 52°21'38" West 142.02 feet;
8.) South 56°23' 14" West 99.77 feet;
9.) South 63'°18'12" West 110.91 feet;
10.) South 65°30'35" West 114.00 feet;
11.) South 72°00'45" West 165.75 feet;
12.) South 83°18'27" West 224.28 feet to the beginning of a curve concave to the north having a
radius of 800.00 feet;
13.) Southwesterly along said curve 264.84 feet through a central angle of 18°58'04";
14.) North 77°43'29" West 279.76 feet;
15.) North 47°20'35" West 77.40 feet;
16.) North 47°38'36" West 100.56 feet;
March 30, 2006
WO No. a<~19-68AX
Page 27 of 58
H&A Legal#: 6672
~ By: Robert WW,hlleeler
CTnc~~inanc~No: 133
Page 59 of 92
17.} North 56°10'26" West 59.30 feet to a point in said northeasterly line distant thereon South
56°10'26" East 117.45 feet from the northwesterly terminus of that certain course shown as
"South 56°08'36" East 176.75 feet" in said deed; thence leaving said. northeasterly Iine North
40°40'06" East 465.82 feet; thence North 49° 19'54" West 172.50 feet; thence North 40°40'06"
East 394.09 feet; thence North 49° 19'54" West 467.56 feet; thence South 64°00'23" West 540.77
feet to the beginning of a curve concave to the southeast having a radius of 1354.04 feet; thence
southwesterly 401.47 feet along said curve through a central angle of 16°59'17" to the
northwesterly prolongation of that certain course in the boundary between the cities of Tustin
and Irvine shown as "North 49°21'01" West 3215.05 feet" in said Record of Survey; thence
along said prolongation South 49°21'01" East 1.53 feet to that certain course in said boundary
line having a bearing and distance of North 40°36'26" East 569.50 feet; thence along said
boundary line South 40°36'26" West 410.16 feet to a line parallel with and distant northeasterly
60.00 feet from the above mentioned Control Line "H"; thence parallel with and concentric to
said Control Line "H" North 43°45'17" West 259.24 feet to the beginning of a curve concave to
the northeast having a radius of 1340.04 feet; thence northwesterly along said curve 408.15 feet
through central angle of 17°27'04" to the beginning of anon-tangent curve concave to the
northwest having a radius of 1340.04, being concentric with and distant 60.00 feet northwesterly
from said Control Line "F", a radial Line to said beginning of non-tangent curve bears South
29°52'08" East; thence northeasterly along said concentric curve 971.35 feet through a central
angle of 41°31'55" to a line parallel with and distant 60.00 feet westerly from said Control Line
"F"; thence North 18°35'57" East 1562.86 feet along said parallel line to the beginning of a curve
concave to the east having a radius of 2410.07 feet, being concentric with and 60.00 feet
northwesterly of said Control Line "F"; thence northerly and northeasterly 698.43 feet along said
curve through central angle of 16°36'15"; thence leaving said concentric curve North 53°36'30"
West 12.00 feet to the beginning of anon-tangent curve concave to the east having a radius of
2422.07 feet, being concentric with and distant 72.00 feet northwesterly, measured at right
angles, from said Control Line "F", a radial line to said beginning of curve bears North
54°47'27" West; thence northeasterly along said curve 180.17 feet through a central angle of
04° 15'43"; thence leaving said concentric curve South 49°21'47" East 12.00 feet to the
Ordinance No. 1336
Page 60 of 92
March 30, 2006
WO No. 0919-bBAX
Page 28 of 58
H&A Legal#: 6672
By: Robert Wheeler
Checked By: R. Williams
intersection of the northeasterly continuation of said 2410.07 foot radius curve, a radian line to
said intersection bears North 50°32'05" West; thence northeasterly along said continuation 39.79
feet through a central angle of 00°56'45"; thence North 04°20'47" West 5.66 feet to a line bearing
North 36°36'58" East and passing through the easterly terminus of the above mentioned Control
Line "A"; thence along said line North 36°36'58" East 91.22 feet to the Point of'Beginning.
Excerpting therefrom the following described parcels:
Exception No. 1
That portion of the above described I-H-1 lying easterly of the following described line:
Beginning at the above mentioned Point No. 1; thence South 52°54'57" West 133.83 fec t; thenc
South 65°11'02" West 73.27 feet; thence South 56°02'27" West 59.08 feet; thence: South
48°33'22" West 94.05 feet; thence South 45°27'43" West 87.68 feet; thence South 4;~.°15'52"
West 411.12 feet; thence South 39°49'21" West 107.74 feet; thence South 41°41'02" West 94.73
feet; thence South 48°52'43" West 41.82 feet; thence South 40°43'10" West 200.38 feet; thence
South 42°46'59" West 140.37 feet; thence South 49°19'54" East 33.32 feet to the northwesterly
line of that certain easement for road purposes as described in said Instrument No. 88-456310.
Exception No. 2
Those portions of Lots 87, 88, 89 and 90 of said Block 46 described as follows:
Beginning at a city boundary comer of the City of Irvine and the City of Tustin as shown on said
Record of Survey, said corner being the northwesterly terminus of that certain course in said city
boundary having a bearing and distance of "North 49°2I'O1" West 3215.05 feet" as shown
thereon; thence along said city boundary South 49°21'01" East 742.13 feet to the most westerly
comer of the land described as Parcel 2 in the Grant of Easement recorded September 12, 1988
as Instrument No. 88-456310 of Official Records of said County; thence leaving said city
boundary and along said easement boundary the following three (3}courses:
March 30, 2006
WO No. 0919-68AX
Page 29 of 58
H&A Legal#:6672
By: Robert Wheeler
~~~~'1~5.~~6 s
Page 61 of 92
1}North 40°39'59" East 5.00 feet;
2) South 51°43'26" East 96.58 feet;
3) South 56° 10'26" East 117.45 feet;
Thence leaving said easement North 40°40'06" East 465.82 feet; thence North 49°19'54" West
172.50 feet; thence North 40°40'06" East 394.09 feet; thence North 49°19'54" West 467.56 feet;
thence South 64°00'23" West 208.65 feet to the True Point of Beginning; thence continuing
South 64°00'23" West 332.12 feet to the beginning of a curve concave southeasterly having a
radius of 1354.04 feet; thence southwesterly 249.25 feet along said curve through a central angle
of 10°32'49"; thence North 53°34'01" West 234.67 feet; thence North 03°21'36" East 656.88
feet; thence North O1°25'36" West 163.96 feet to a point on a line parallel with and distant 60.00
feet westerly from said Control Line "F"; thence North 18°35'57" East 526.06 feet along said
parallel line; thence leaving said parallel line EAST 519.30 feet to a line bearing South O1°02'16"
West and passing through the True Point of Beginning; thence along said line South O1°02'16"
West 1183.07 feet to the True Point of Beginning.
Exception No. 3
That portion of said Block 46 described as follows:
Beginning at the northeasterly terminus of the boundary line between the City of Irvine and the
City of Tustin having a bearing and distance of North 40°36'26" East 569.50 feet. as shown on
Page 38 (sheet 8 of 9) of said Record of Survey; thence along said line South 40°36'26" West
274.81 feet to the True Point of Beginning; thence continuing along said line South 40°36'26"
West 135.35 feet; thence leaving said line North 43°45'17" West 132.20 feet; thence North
89°24'20" East 24.54 feet; thence North 09°01'31" West 546.08 feet; thence North 77°25'49"
East 151.63 feet; thence South 09° 18'27" East 572.84 feet to the True Point of Beginning.
Exception No. 4
Ordinance No. 1336
Page 62 of 92
March 30, 2006
WO No. 0919-68AX
Page 30 of 58
H&A Legal#:6672
By: Robert Wheeler
Checked By: R. Williams
Beginning at a point in the course in the above described Exception No. 1 having a beating and
distance of South 42°15'52" West 411.12 feet distant thereon 163.18 feet from the northeasterly
terminus thereof; thence North 47°44'08" West 90.09 feet to the True Point of Beginning; thence
South 85°17'13" West 13.00 feet; thence North 4°42'47" West 13.00 feet; thence; North
8S°17'13" East 13.00 feet; thence South 4°42'47" East 13.00 feet to the True Point of Beginning.
Exception No. 5
Beginning at point in the course in the above mentioned Exception No. 1 having a bear ing and
distance of ~-outh 40°43'10" West 200.38 feet distant thereon 122.25 feet from the northeasterly
terminus thereof; thence North 49°16'50" West 11.29 feet to the True Point of Beginning; thence
South 44°2 i'36" West 16.00 feet; thence North 4S°38'24" West 13.00 feet; thenc ; North
44°21'36" Fsast 16.00 feet; thence South 45°38'24" East 13.00 feet to the True Point of
Beginning.
Exception N"o. 6
Alsu excepting therefrom that portion included within Tract No. 16695, as shown o~ i a map
recorded in Book 866, Pages 1 through 9, inclusive, of Miscellaneous Maps, Records of said
Orange County.
Parcel I-H-2
In the City of Tustin, County of Orange, State of California, being those portions of Lots 70
through 7S, inclusive, in Block 46 of Irvine's Subdivision as shown on the map filed in Book 1,
Page 88 of Miscellaneous Record Maps, and as shown on a map filed in Book 165, Pages 31
through 39, inclusive, of Records of Survey, both of Records of said County, described as
follows:
For the purpose of this description of the following control lines are hereby established:
March 30, 2006
WO No. 0919-68AX
Page 31 of 58
H&A Legal#: 6b72
By: Robert Wheeler
~E~tld~tCByR~. ~i~~uns
Page 63 of 92
Control Line "A"
Beginning at the intersection of the centerline of Red Hill Avenue with the centerline of Valencia
Avenue as shown on said Record of Survey, the centerline of Red Hill Avenue having a bearing
of North 40°38'29" East between Valencia Avenue and Edinger Avenue; thence South 49°20'07"
East 106.23 to the beginning of a curve concave southwesterly having a radius of 1400.04 feet;
thence southeasterly along said curve 134.49 feet through a central angle of 5°30'14"; thence
South 43°49'53" East 101.77 feet to the beginning of a curve concave northeasterly having a
radius of 1400.04 feet; thence southeasterly along said curve 134.40 feet through a central angle
of 5°30'01"; thence South 49°19'54" East 586.96 feet to the beginning of a curve concave
northeasterly having a radius of 1400.04 feet; thence southeasterly and easterly along said curve
733.69 feet through a central angle of 30°01'33"; thence South 79°21'27" East 1357.63 feet to the
beginning of a curve concave southwesterly having a radius of 1400.04 feet; thence southeasterly
and easterly along said curve 733.34 feet through a central angle of 30°00'42"; thence South
49°20'45" East 766.61 feet to a point hereinafter described as Point "B", said point being the
intersection of Control Line "E" and said Control Line "A"; thence continuing South 49°20'45"
East 7S4.S7 feet to the terminus of said Line "A".
Control Line "E"
Beginning at the hereinabove described Point "B"; thence North 40°39' 1 S" East 278.34 feet to
the beginning of a curve concave northwesterly having a radius of 1400.04 feet; thence
northeasterly 285.50 feet along said curve through a central angle of 11 °41'02"; thence North
28°S8'13" East 453.89 feet to the beginning of a curve concave southeasterly having a radius of
1400.04 feet; thence northeasterly 285.50 feet along said curve through a central angle of
11 °41'02"; thence North 40°39'15" East 216.25 feet to a point on the centerline of Edinger
Avenue, said point lies South 49°20'45" East 2933.94 feet from the northwesterly terminus of
that certain course shown as "N 49°20'45 W 5409.24 feet" in said centerline of Edinger Avenue.
Parcel I-H-2
Ordinance No. 1336
Page 64 of 92
March 30, 2006
WO No. 0919-68AX
Page 32 of 58
H&A Legal#: 6672
By: Robert Wheeler
Checked By: R. Williams
Beginning at the hereinabove referenced Point "B"; thence along said Control Line "):r" North
40°39'15" East 79.00 feet to a line that is parallel with and distant 79.00 feet northeasterly of said
Control Line "A"; thence along said parallel line, leaving said Control Line "E", South
49°?0'45" Fast 52.00 feet to a line pazallel with and distant 52.00 feet southeasterl} of said
Control Line "E", said point being the True Point of Beginning; thence leaving said par illel line
South 04°20'45" East 38.18 feet to a line parallel with and distant 52.00 feet ;;iortheasterly from
said Control Line "A"; thence South 49°20'45" East 412.97 feet along said last mentioned
parallel line to the beginning of a curve concave northeasterly having a radius of 42.00 feet;
thence leaving said parallel line southeasterly along said curve 10.38 feet through a cent •al angle
of 14°09'13"; thence South 63°29'58" East 36.66 feet to the beginning of a curve concave
southwesterly having a radius of 58.00 feet; thence southeasterly along said curve 1~ ~.33 feet
through a c~ntrat angle of 14°09'13" to a line parallel with and distant 64.00 feet northeasterly
from said Control Line "A"; thence South 49°20'45" East 60.00 feet along said last m ~ntioned
parallel Iine to the beginning of a curve concave southwesterly having a radius of 58.00 feet;
thence leaving said last mentioned parallel line southeasterly along said curve 14.33 feet through
a central angle of 14°09'I3"; thence South 35°11'32" East 36.66 feet to the beginning of a curve
concave northeasterly having a radius of 42.00 feet; thence southeasterly along said curve 10.38
feet through a central angle of 14°09'13" to a line parallel with and distant 52.00 feet
northeasterly from said Control Line "A"; thence South 49°20'45" East 50.00 feet along said last
mentioned parallel line; thence leaving said last mentioned parallel line North 85°39' 15" East
38.18 feet to a point on a line which bears North 36°36'58" West 79.20 feet and passes through
the easterly terminus of said Control Line "A"; thence South 42°21'53" East 161.02 feet; thence
South 03°15'56" East 10.32 feet to a line that is parallel with and distant 52.00 feet northeasterly
of said Control Line "A"; thence along said parallel Line South 49°20'45" East 354.49 feet to the
beginning of a curve concave southwesterly having a radius of 1027.13 feet; thence leaving said
parallel line 89.49 feet southeasterly along said curve through central angle of 04°59'32" to the
beginning cf a compound curve concave southwesterly having a radius of 2337.00 feet, a radial
Iine to said beginning bears North 45°38'47" East; thence southeasterly along said curve 163.47
feet through a central angle of 04°00'28" to the beginning of a compound curve concave
Marc~~ 30, 2006
WO No. O~119-68AX
Page 33 of 58
H&A Legal#:6672
By: Robert Wheeler
C~r~f~~3tV~: ~~~~
Page 65 of 92
southwesterly having a radius of 1446.04 feet, a radial line to said beginning bears North
49°39'15" East; thence southeasterly along said curve 717.72 feet through a central angle of
28°26'I6"; thence North 87°14'40" East 12.15 feet to the beginning of anon-tangent curve
concave westerly having a radius of 1458.04 feet, a radial line to said curve beazs North
78°10'04" East, thence southerly along said curve 180.96 feet through a central angle of
07°06'40"; thence South 87° 14'37" West 12.01 feet to the beginning of a noa-tangent curve
concave westerly having a radius of 1446.04 feet, a radial line to said curve bears North
85°15'45" East; thence southerly along said curve 50.01 feet through a central angle of
O1°58'54"; thence South 46°20'08" East 37.23 feet; thence South 00°05'07" West 92.00 feet;
thence South 89°54'55" East 50.00 feet; thence South 00°05'05" West 12.00 feet; thence South
89°54'55" East 1$0.00 feet; thence North 00°05'05" East 12.00 feet; thence South 89°54'55" East
148.86 feet to the beginning of a curve concave northerly having a radius of 1446.05 feet; thence
easterly along said curve 507.78 feet through central angle of 20°07'10"; thence North 69°57'55"
East 909.77 feet to a point on the southwesterly line of Parcel F10-101 of the easement to the
Orange County Flood Control District recorded August 19, 1963 as Instrument No. 16739 in
Book 6681, Page 721 of Official Records of said County; thence North 20°02'09" West 933.22
feet along said southwesterly line to the beginning of anon-tangent curve concave southwesterly
having a radius of 1740.00 feet, a radial line to said beginning bears North 52°31'22" East, said
curve being the southwesterly line of Edinger Avenue as shown on said Record of Survey;
thence northwesterly along said curve 411.09 feet through a central angle of 13°32'12"; thence
leaving said southwesterly line North 51°00'50" West 488.67 feet to the beginning of a curve
concave northeasterly having a radius of 2452.99 feet; thence northwesterly along said curve
53.50 feet through a central angle of O1°14'59" to the beginning of a reverse curve concave
southwesterly having a radius of 41.00 feet, a radial line to said point bears North 40° 14'09"
East; thence northwesterly along said curve 6.50 feet through a central angle of 09°04'50";
thence North 58°50'41" West 52.69 feet to the beginning of a curve concave northeasterly having
a radius of 59.00 feet; thence northwesterly along said curve 9.78 feet through a central angle of
09°29'56" to a line parallel with and distant 86.00 feet southwesterly from the centerline of
Edinger Avenue, as shown on said Record of Survey; thence North 49°20'45" West 51.71 feet
March 30, 2006
WO No, 0919-68AX
Page 34 of 58
H&A Legal#: 6672
By: Robert Wheeler
Checked By: R. Williams
Ordinance No. 1336
Page 66 of 92
along said parallel line to the beginning of a curve concave northeasterly having a r ~dius of
59.00 feet; thence leaving said parallel line northwesterly along said curve 9.74 feet tt,rough a
central angle of 09°27'45"; thence North 39°53'00" West 52.55 feet to the beginning of a curve
concave northeasterly having a radius of 41.00 feet; thence northwesterly along said curve 6.77
feet through central angle of 09°27'45" to a line parallel with and distant 76.00 feet southeasterly
frorrt said centerline; thence North 49°20'45" East 20.00 feet along said parallel line; thence
leaving said parallel line North 40°39'15" East 16.00 feet to the southwesterly line of Edinger
Avenue, as shown on said Record of Survey; thence North 49°20'45" West 1033.31 felt along
said southwesterly Line; thence leaving said southwesterly line South 28°26'42" West 15.26 feet;
thence North 50°39'44" West 229.27 feet; thence North 40°39' 1 S" East 6.97 feet; thene .e North
50°39'43" West 93.88 feet to the beginning of a curve concave northeasterly having a ~ adios of
2453.07 feet; thence northwesterly along said curve 40.21 feet through central angle of
00°56'21" to the beginning of a compound curve concave southwesterly having a radius of 41.00
feet, a radial line to said beginning bears North 40°16'38" East; thence northwesterly along said
curve 6.50 feet through a central angle of 09°05'07"; thence North 58°48'29" West 52.88 feet to
the beginning of a curve concave northeasterly having a radius of 58.00 feet; thence
northwesterly along said curve 9.58 feet through a central angle of 09°27'44" to a line parallel
with and distant 86.00 feet southwesterly from said centerline; thence North 49°20'45" West
51.72 feet along said parallel line to the beginning of a curve concave northeasterly having a
radius of 59.00 feet; thence leaving said parallel line northwesterly along said curve 9.74 feet
through a central angle of 09°27'45"; thence North 39°53'00" West 52.55 feet to the beginning of
a curve concave southwesterly having a radius of 41.00 feet; thence northwesterly along said
curve 6.77 feet through a central angle of 09°27'43"; thence North 49°20'43" West 21.00 feet;
thence South 85°39'14" East 36.77 feet to a line parallel with and distant southeasterly 46.00 feet
from said Control Line "E"; thence South 40°39'15" West 114.25 feet along said parallel line to
the beginning of a curve concave southeasterly having a radius of 1354.04 feet; thence
southwesterly along said curve 276.12 feet through a central angle of 11 °41'02"; thence South
28°58'13" West 302.90 feet to the beginning of a curve concave southeasterly having a radius of
960.03 feet; thence leaving said parallel Iine southwesterly along said curve 20.67 feet through a
March 30, 2006
WO No. 0919-b8AX
Page 35 of 58
H&A Legal#: 6672
By: Robert Wheeler
Page 67 of 92
central angle of O1°14'00"; thence South 27°44'13" West 150.84 feet to the beginning of a curve
concave northwesterly having a radius of 1046.68 feet; thence southwesterly along said curve
133.77 feet through a central angle of 07°19'21" to the beginning of a compound curve concave
northwesterly having a radius of 1452.04 feet, a radial line to said beginning bears South
54°56'26" East; thence southwesterly along said curve 141.79 feet through a central an a of
OS°35'41" to a line parallel with and distant 52.00 feet southeasterly from said Control Line "E";
thence South 40°39'15" West 199.33 feet along said parallel line to the True Point of Beginning.
Parcel Y-H-7
In the City of Tustin, County of Orange, State of California, being that portion of Lots 88 and 89
in Block 46 of Irvine's Subdivision as shown on the map filed in Book 1, Page 88 of
Miscellaneous Record Maps, and as shown on a map filed in Book 165, Pages 31 through 39
inclusive of Records of Survey, all of the Records of said County, described as follows:
Beginning at a city boundary corner of the City of Irvine and the City of Tustin as shown on said
Record of Survey, said comer being the northwesterly terminus of that certain course in said city
boundary having a bearing and distance of "North 49°21'01" West 3215.05 feet" as shown
thereon; thence along said city boundary South 49°21'01" East 742.13 feet to the most westerl
Y
corner of the land described as Parcel 2 in the Grant of Easement recorded September 12, 1988
as Instrument No. 88:456310 of Official Records of said County; thence leaving said city
boundary and along said easement boundary the following three courses:
1) North 40°39'59" East 5.00 feet;
2) South 51°43'26" East 96.58 feet;
3) South 56° 10'26" East 117,45 feet;
Thence leaving said easement North 40°40'06" East 465.82 feet; thence North 49° 19'54" West
172.50 feet to the True Point of Beginning; thence North 40°40'06" East 394.09 feet; thence
Ordinance No. 1336
Page 68 of 92
March 30, 2006 '`
WO No. 0919-68AX
Page 36 of 58
H&A Legal#: 6672
By: Robert Wheeler
Checked By: R. Williams
North 49°19'54" West 467.56 feet; thence South 64°00'23" West 429.21 feet to a lin~; bearing
South 49°1~.9'S4" East and passing through the True Point of Beginning; thence along said line
South 49°19'54" East 637.60 feet to the True Point of Beginning.
Parcel I-H•~8
In the City of Tustin, County of Orange, State of California, being that portion of Black 46 of
Irvine's Supdivision as shown on the map filed in Book 1, Page 88 of Miscellaneous Record
Maps, and as shown on a map filed in Book 165, Pages 31 through 39 inclusive of Records of
Survey, all ~f the Records of said County, described as follows:
Parcel Y-H-~3
Beginning at a city boundary corner of the City of Irvine and the City of Tustin as show n on said
Record of Survey, said corner being the northwesterly terminus of that certain course in said city
boundary having a bearing of "North 49°21'01" West" and a distance of "3215.05 feet" is shown
thereon; thence along said city boundary South 49°21'01" East 742.13 feet to the most westerly
corner of tl.e land described as Parcel 2 in the Grant of Easement recorded September I2, 1988
as Instrum~;nt No. 88-456310 of Official Records of said County; thence leaving said city
boundary acid along said easement the following three courses:
1) l~lorth 40°39'59" East 5.00 feet;
2) South 41°43'26" East 96.58 feet;
3) South 56°10'26" East 117.45 feet;
Thence leaving said easement North 40°40'06" East 465.82 feet; thence North 49°19'`i4" West
810.10 feet; thence South 64°00'23" West 111.56 feet to the beginning of a curve concave
southeasterly having a radius of 1354.04 feet; thence southwesterly along said curve 461.47 feet
through a c rntral angle of 16°59'17" to the northwesterly prolongation of the city boundary line
Marc, 30, 2006
WO No. 0119-68AX
Page 37 of 58
H&A Legal#: 6672
By: Robert Wheeler
O~d nanceyNo: 1335
Page 69 of 92
described above; thence along said prolongation South 49°21'01" East 1.53 feet to the Point of
Beginning.
Excepting therefrom that portion included within Tract No. 16695, as shown on a map recorded
in Book 866, Pages 1 through 9, inclusive, of Miscellaneous Maps, Records of said Orange
County.
Parcel II-H-9
In the City of Tustin, County of Orange, State of California, being those portions of Lots 87, 88,
89 and 90 in Block 46 of Irvine's Subdivision as shown on the map filed in Book 1, Page 88 of
Miscellaneous Record Maps, and as shown on a map filed in Book 165, Pages 31 through 39
inclusive of Records of Survey, alI of the Records of said County, described as follows:
For the purpose of this description the following control line is hereby established:
Control Line "F"
Beginning at the intersection of the centerline of Von Karman Avenue with the centerline of
Barranca Parkway as shown on said Record of Survey, the centerline of Bazranca Parkway
having a bearing of North 49°19'54" West between the centerline of Armstrong Avenue and Von
Karman Avenue; thence leaving said intersection North 40°40'06" East 302.71 feet to the
beginning of a curve concave southerly having a radius of 1800.05 feet; thence northeasterly and
easterly 1825.01 feet along said curve through a central angle of S8°OS'25"; thence South
81 ° 14'29" East 725.96 feet to the beginning of a curve concave northwesterly having a radius of
1400.04 feet; thence easterly, northeasterly and northerly along said curve 1958.72 feet through a
central angle of 80°09'37"; thence North 18°35'57" East 1562.86 feet.
Parcel II-H-9
Ordinance No. 1336
Page 70 of 92
March 30, 2006
WO No. 0919-68AX
Page 38 of 58
H&A Legal#: 6672
$y: Robert Wheeler
Checked By: R. Williams
Beginning at a city boundary corner of the City of Irvine and the City of Tustin as shown on said
Record of Survey, said corner being the northwesterly terminus of that certain course in ;-aid city
boundary having a bearing and distance of "North 49°21'01" West 3215.05 feet" as shown
thereon; thence along said city boundary South 49°21'01" East 742.13 feet to the most ~.~resterly
corner of thy; land described as Parcel 2 in the Grant of Easement recorded September 12, 1988
as Instrument No. 88-456310 of Official Records of said County; thence leaving said city
bow.idary and along said easement boundary the following three courses:
1) North 40` 39'59" East 5.00 feet;
2} South 51`43'26" East 96.58 feet;
3) South 56`'10'26" East 117.45 feet;
The~~ce leaving. said easement North 40°40'06" East 465.82 feet; thence North 49°19'5 ~" West
172,50 feet; thence North 40°40'06" East 394.09 feet; thence North 49°19'54" West 467 56 feet;
thence South 64°00'23" West 208.65 feet to the True Point of Beginning; thence co itinuing
South 64°0(1'23" West 332.12 feet to the beginning of a curve concave soutr~easterly l paving a
radius of 1354.04 feet; thence southwesterly 249.24 feet along said curve through a centz al angle
of 10°32'49'; thence North 53°34'01" West 234.67 feet; thence North 03°21'36" Ease 656.88
feet; thence North O 1°25'36" West 163.96 feet to a point on a line parallel with and dista at 60.00
feet westerl;,~ from said Control Line "F"; thence along said parallel line North 18°35";7" East
526.06 feet; thence leaving said parallel line EAST 519.30 feet to a line bearing South 0 ~.°02'16"
West and passing through the True Point of Beginning; thence along said line South 0~°02'16"
West 1183.07 feet to the True Point of Beginning.
Parcel III-H-13
Marcl 30, 2006
'JVO No. OS 19-68AX
Page 39 of 58
H&A Legal#: 6672
By: Robert Wheeler
t~~~1~t;~f~: ~~ms
Page 71 of 92
In the City of Tustin, County of Orange, State of California, being that portion of Lot 90 in
Block 46 in Irvine's Subdivision as shown on the map filed in Book 1, Page 88 of Miscellaneous
Record Maps, and as shown on a map filed in Book 165, Pages 31 through 39 inclusive of
Records of Survey, all of Records of said County, described as follows:
Beginning at the northeasterly terminus of the line having a bearing and distance of North
40°36'26" East 569.50 feet as shown on Page 38 (sheet 8 of 9) of said Record of Survey; thence
along said line South 40°36'26" West 274.81 feet to the True Point of Beginning; thence
continuing along said line South 40°36'26" West 135.35 feet; thence leaving said lint North
43°45'16" West 132.20 feet; thence North 89°24'20" East 24.54 feet; thence North 09°01'31"
West 546.08 feet; thence North 77°25'49" East 151.63 feet; thence South 09°18'27" East 572.84
feet to the True Point of Beginning.
Excepting therefrom that portion included within Tract No. 16695, as shown on a map recorded
in Book 866, Pages 1 through 9, inclusive, of Miscellaneous Maps, Records of said Orange
County.
Parcel I-H-15
In the City of Tustin, County of Orange, State of California, being all those portions of Lot 189,
Block 62 of Irvine's Subdivision as shown on map filed in Book 1 Page 88 of Miscellaneous
Record Maps, Records of said County described as follows:
The following description is for reference purposes:
Beginning at the intersection of the northwesterly line of that certain easement for road purposes
shown as Parcel 2 as granted to the Irvine Company by liistrument No. 88-456310 recorded
September 12, 1988, Official Records, Records of said County, with the curved westerly line of
that certain easement conveyed to the Orange County Flood Control District shown as Pazcel F-
10-101 recorded August 19, 1963 in Book 6681, Page 721 of Official Records, Records of said
County, being a curve concave to the west having a radius of 755.00 feet, a radial line to said
Ordinance No. 1336
Page 72 of 92
March 30, 2006
WO No. 0919-68AX
Page 40 of 58
H&A Legal#: 6672
By: Robert Wheeler
Checked By: R. Williams
intersection of said curve bears North 78°33'32" East; thence along the northwesterly line; of said
Instrument No. 88-456310 South 51°.13'17" West 126.74 feet; thence South 50°49'Oci" West
101.70 feet; thence South 49°22'1" West 198.91 feet; thence South 42°46'50" West 237.56 feet;
thence South 40°08'47" West 103.43 feet; thence South 40°02'01" West 336.20 feet; thence
South 41°53'37" West 255.25 feet; thence South 47°21'06" West 73.45 feet; thence leaving said
northwesterly line North 49°19'54" West 33.32 feet; thence North 42°46'59" East 140.37 feet;
thence North 40°43'10" East 78.13 feet to a point hereinafter referred to as "Point No. 1"; thence
continuing North 40°43' 10" East 122.25 feet; thence North 48°52'43" East 41.82 feet; thence
North 41°41'02" East 94.73 feet; thence North 39°49'21" East 107.74 feet; thence North
42°15'52" East 411.12 feet; thence North 45°27'43" East 87.68 feet; thence North 48°33'22" East
94.05 feet; thence North 56°02'27" East 59.08 feet; thence North 65°11'02" East 73.27 feet;
thence North 52°54'57" East 133.83 feet to a point on said curved westerly line, a radial line of
said curve to said point bears North 78°04'15" East; thence southerly along said curved westerly
line 6.43 feet through a central angle of 0°29'17" to the Point of Beginning.
Restriction Area No. 1 (Monitoring Wells I001 BC 47S & I001 MW 47D)
(Parcel I-H-15)
Beginning at said "Point No. 1" thence North 49°16'50" West 11.29 feet to the True Point of~
Beginning; thence South 44°21'36" West 16.00 feet; thence North 45°38'24" West 13.00 feet;
thence North 44°21'36" East 16.00 feet; thence South 45°38'24" East 13.00 feet to the True Point
of Beginning.
Parcel I-H-16
In the City of Tustin, County of Orange, State of California, being all those portions of Lot 189,
Block 62 of Irvine's Subdivision as shown on map filed in Book 1 Page 88 of Miscellaneous
Record Maps, Records of said County described as follows:
March 30, 2006
WO No. 0919-68AX
Page 41 of 58
H&A Legal#:6672
By: Robert Wheeler
~c~inancey o: ~~~i~ms
Page 73 of 92
The following description is for reference purposes:
Beginning at the intersection of the northwesterly line of that certain easement for road purposes
shown as Parcel 2 as granted to the Irvine Company by Instrument No. 88-456310 recorded
September 12, 1988, Official Records, Records of said County, with the curved westerly line of
that certain easement conveyed to the Orange County Flood Control District shown as Parcel F-
10-101 recorded August 19, 1963 in Book 6681 Page 721 of Official Records, Records of said
County, being a curve concave to the west having a radius of 755.00 feet, a radial line to said
intersection of said curve bears North 78°33'32" East; thence along the northwesterly line of said
Instrument No. 88-456310 South 51°13'17" West 126.74 feet; thence South 50°49'06" West
101.70 feet; thence South 49°22'12" West 198.91 feet; thence South 42°46'50" West 237.56 feet;
thence South 40°08'47" West 103.43 feet; thence South 40°02'01" West 336.20 feet; thence
South 41°53'37" West 255.25 feet; thence South 47°21'06" West 73.45 feet; thence leaving said
northwesterly line North 49°19'54" West 33.32 feet; thence North 42°46'59" East 140.37 feet;
thence North 40°43'10" East 200.38 feet; thence North 48°52'43" East 41.82 feet; thence North
4l°41'02" East 94.73 feet; thence North 39°49'21" East 107.74 feet; thence North 42° 15'52" East
247.94 feet to a point hereinafter refereed to as "Point No. 2"; thence continuing North 42° 15'52"
East 163.18 feet; thence North 45°27'43" East 87.68 feet; thence North 48°33'22" East 94.05
feet; thence North 56°02'27" East 59.08 feet; thence North 65°11'02" East 73.27 feet; thence
North 52°S4'S7" East 133.83 feet to a point on said curved westerly line, a radial line of said
curve to said point bears North 78°04'15" East; thence southerly along said curved westerly line
6.43 feet through a central angle of 0°29'17" to the Point of Beginning.
Restriction Area No. 2 (Monitoring wells I001 BC 43S & I001 MW 43D)
(Pazcel I-H-16}
Beginning at said "Point No. 2"; thence North 47°44'08" West 90.09 feet to the True Point of
Beginning; thence South 85° 17'13" West 13.00 feet; thence North 4°42'47" West 13.00 feet;
Ordinance No. 1336
Page 74 of 92
March 30, 2006 ~~..,.
WO No. 0919-68AX
Page 42 of 58
H&A Legal#: 6672
By: Robert Wheeler
Checked By: R. Williams
thence North 85°17'13" East 13.00 feet; thence South 4°42'47" East 13.00 feet to the Prue Point
of Beginning.
Parcel IV-J-9
In the City of Tustin, County of Orange, State of California, being that portion of Blocks 10 and
46 of Irvine's Subdivision as shown on the map filed in Book 1, Page 88 of Miscellaneous
Record Maps, and as shown on a map filed in Book 165, Pages 31 through 39 inclusive of
Records of Survey, all of Records of said County, described as follows:
For the purpose of this description the following control lines are hereby established:
Control Line "A"
Beginning at the intersection of the centerline of Red Hill Avenue with the centerline of Valencia
Avenue as shown on said Record of Survey, the centerline of Red Hi11~Avenue between Valencia
Avenue and Warner Avenue bears North 40°37'39" East for the purpose of this description;
thence South 49°20'07" East 106.23 to the beginning of a curve concave southwesterly having a
radius of 1400.04 feet; thence southeasterly along said curve 134.49 feet through a central angle
of 5°30'14"; thence South 43°49'53" East 101.77 feet to the beginning of a curve concave
northeasterly having a radius of 1400.04 feet; thence southeasterly along said curve 134.40 feet
through a central angle of 5°30'01"; thence South 49°19'54" East 586.96 feet to the beginning of
a curve concave northeasterly having a radius of 1400.04 feet; thence southeasterly and easterly
along said curve 733.69 feet through a central angle of 30°01'33"; thence South 79°21'27" East
309.99 feet to a point hereinaRer to be referred to as Point "A".
Control Line "B"
Beginning at the hereinbefore described Point "A"; thence South 15°38'31" West 74.21 feet to
the beginning of a curve concave northwesterly having a radius of 1400.04 feet; thence
southerly, southwesterly and westerly along said curve 1269.4 feet through a central angle of
March 30, 2006
WO No. 0919-68AX
Page 43 of 58
H&A Legal#: 6b72
By: Robert Wheeler
Checked By: R. Williams
Ordinance No. 1336
Page 75 of 92
S1°57'19"; thence South 67°35'50" .West 139.46 feet to the beginning of a curve concave
southeasterly having a radius of 1400.04 feet; thence westerly and southwesterly along said
curve 330.03 feet through a central angle of 13°30'23" to a point hereinafter referred to as Point
"EE", a radial line to said point bears North 3S°54'33" West; thence continuing southwesterly
along said curve 364.47 feet through a central angle of 14°54'56"; thence South 39°10'31" West
1163.19 feet.
Parcel IV-3-9
Beginning at the hereinabove described Point "EE"; thence along the above-described radial line
South 3S°54'33" East 46.00 feet to the True Point of Beginning; thence South 49°19'54" East
1922.91 feet; thence North 40°40'06" East 1176.28 feet; thence South 49°19'54" East 373.31
feet; thence South 06°04'27" West 364.28 feet; thence South 74°02'39" West 763.93 feet; thence
South 14°52'08" East 354.62 feet; thence South 6S°28'17" West 755.15 feet; thence North
2S°48'57" West 880.64 feet; thence North 74°32'34" West 640.67 feet; thence North 70°09'11"
West 269.51 feet; thence North 33°57'12" West 467.62 feet to a point on a line parallel with and
distant 46.00 feet southeasterly of the line described above in Control Line "B" as "South
39°10'31" West 1163.19 feet"; thence along said parallel line North 39°10'31" East 191.48 feet
to the beginning of a curve concave southeasterly having a radius of 1354.04 feet, said curve
being concentric with and 46.00 feet southeasterly of the last above mentioned 1400.04 foot
radius curve; thence northeasterly along said concentric curve 352.49 feet thmugh a central angle
of 14°54'56" to the True Point of Beginning.
Parcel Y-G-2
In the City of Tustin, County of Orange, State of California, being those portions of Lots 74, ?S,
76, 86 and 87, Block 46 of Irvine's Subdivision as shown on the map filed in Book 1, Page 88 of
Ordinance No. 1336
Page 76 of 92
March 30, 2006
WO No. 0919-68AX
Page 44 of S8
H&A Legal#: 6672
By: Robert Wheeler
Checked By: R. Williams
Miscellaneous Record Maps, and as shown on a map filed in Book 165, Pages 31 thr,~ugh 39
inclusive of Records of Surveys, all of Records of said County, described as follows:
For the purpose of this description the following control lines are hereby established:
Control Line "A"
Beginning at the intersection of the centerline of Red Hill Avenue with the centerline of Valencia
Avenue as shown on said Record of Survey, the centerline of Red Hill Avenue having a bearing
of North 40°38'29" East between Valencia Avenue and Edinger Avenue; thence South 4~°20'07"
East 106.23 feet to the beginning of a curve concave southwesterly having a radius of 1400.04
' feet; thence southeasterly along said curve 134.49 feet through a central angle of 5°30'14";
thence South 43°49'53" East 101.77 feet to the beginning of a curve concave northeasterly
having a radius of 1400.04 feet; thence southeasterly along said curve 134.40 feet through a
central angle of 5°30'01"; thence South 49°19'54" East 586.96 feet to the beginning of a curve
concave northeasterly having a radius of 1400.04 feet; thence southeasterly and easterly along
said curve 733.69 feet through a central angle of 30°01'33";. thence South 79°21'27" East
1357.63 feet to the beginning of a curve concave southwesterly having a radius of 1400.04 feet;
thence southeasterly along said curve 733.34 feet through a central angle of 30°00'42"; thence
South 49°20'45" East 194.66 feet to a point hereinafter referred to as Point "K"; thence
continuing South 49°20'45" East 1305.95 feet to the terminus of the herein described Control
Line "A".
Control Line "F"'
Beginning at the intersection of the centerline of Von Karman Avenue with the centerline of
Barranca Parkway as shown on said Record of Survey, the center line of Barranca Parkway
having a bearing of North 49° 19'54" West between Von Karman Avenue and Jamboree Road;
thence leaving said intersection North 40°40'06" East 302.71 feet to the beginning of a curve
concave southerly having a radius of 1800.05 feet; thence northeasterly and easterly 1825.01 feet
along said curve through a central angle of 58°05'25"; thence South 81°14'29" East 725.96 feet
Mazch 30, 2006
WO No. 0919-68AX
Page 45 of 58
H&A Legal#: 6672
By: Robert Wheeler
~hcS nan cel'T~o: 1W~~b 5
Page 77 of 92
to the beginning of a curve concave northwesterly having a radius of 1400.04 feet; thence
easterly, northeasterly and northerly 1958.72 feet along said curve through a central angle of
80°09'34"; thence North 18°35'57" East 1562.86 feet to the beginning of a curve concave
southeasterly having a radius of 2350.07 feet; thence northerly and northeasterly along said curve
904.63 feet through a central angle of 22°03'19"; thence North 40°39'16" East 84.76 feet to a
point on the easterly prolongation of Control Line "A", said point being distant along said
prolongation South 49°20'45" East 70.41 feet from the easterly terminus of said Control Line
"A", said point also being the terminus of the herein described Control Line "F".
Parcel I-G-2
Beginning at the hereinabove referenced Point "K"; thence South 40°39'15" West 49.21 feet to
the beginning of anon-tangent curve concave northeasterly having a radius of 3759.90 feet, a
radial line to said beginning of curve bears South 42°51'49" West, said beginning of curve also
being the True Point of Beginning; thence southeasterly along said curve 144.99 feet through a
central angle of 2°12'34" to a line parallel with and 52.00 feet southwesterly of said Control Line
"A"; thence along said parallel line South 49°20'45" East 555.99 feet to the beginning of a curve
concave southwesterly having a radius of 42.00 feet; thence southeasterly along said curve 10.38
feet through a central angle of 14°09'13"; thence South 35°11'32" East 36.66 feet to the
beginning of a curve concave northeasterly having a radius of 58.00 feet; thence southwesterly
along said curve 14.33 feet through a central angle of l4°09'13" to a line parallel with and 64.00
feet southwesterly of said Control Line "A"; thence along said parallel line South 49°20'45" East
544.97 feet; thence leaving said parallel line South 4°20'47" East 43.85 feet to the beginning of a
non-tangent curve concave southeasterly having a radius of 2410.07 feet, a radial line to said
beginning bears North 49°35'20" West, said curve being concentric with and 60.00 feet
northwesterly of said Control Line "F"; thence southwesterly along said curve 39.79 feet through
a central angle of 00°56'45"; thence North 49°21'47" West 12.00 feet to the beginning of a non-
tangent curve concave southeasterly having a radius of 2422.07 feet, a radial line to said
beginning bears North 50°31'34" West, said curve being concentric with and 72.00 feet
northwesterly of said Control Line "F"; thence southwesterly along said curve 180.17 feet
March 30, 2006
WO No. 0919-68AX
Page 46 of 58
H&A Legal#: 6672
By: Robert Wheeler
Ordinance No. 1336 Checked By: R. Williams
Page 78 of 92 '
through a central angle of 4°15'43"; thence South 53°36'30" East 12.00 feet to the beginning of a
non-tangent curve concave southeasterly having a radius of 2410.07 feet, a radial Line to said
beginning bears North 54°47'48" West, said curve being concentric with and 60.(10 feet
northeasterly of said Control Line "F"; thence southwesterly and southerly along said curve
698.43 feet tluough a central angel of 16°36'15" to a point a on a line parallel with and distant
60.OG feet w~;sterly of said Control Line "F"; thence along said parallel line South 18"35'57"
West 306.63 feet; thence leaving said parallel line North 49° 19'54" West 1255.39 feet to a point
hereinafter referred to as Point "Y"; thence continuing North 49°19'54" West 373.31 feet to a
point distant South 40°40'06" West distant 1224.34 feet from the True Point of Beginning;
thence North 40°40'06" East 1224.34 feet to the True Point of Beginning.
Excepting therefrom that portion of the above described Parcel I-G-2 described as follows
Beginning at the above described Point "Y"; thence North 49° 19'54" West 373.31 feet to a point
Lying South 40°40'06" West distant 1224.34 feet from the True Point of Beginning of the above
described Parcel I-G-2; thence North 40°40'06" East 541.26 feet; thence South 06°04'27" West
657.51 feet to the Point of Beginning.
Parcel II-H-10
In the City of Tustin, County of Orange, State of California, being all that portion of Lot 189,
Block 62 of Irvine's Subdivision as shown on a map filed in Book 1, Page $$ of Miscellaneous
Record Maps, Records of said County described as follows:
Beginning at the intersection of the northwesterly line of that certain easement for road purposes
shown as Parcel 2 as granted to the Irvine Company by Instrument No. 88-456310 recorded
September 12, 1988, Official Records, Records of said County, with the curved westerly line of
March 30, 2006
WO No. 0919-68AX
Page 47 of 58
H&A Legal#: 6672
By: Robert Wheeler
~fr~r~~l~.~~~~
Page 79 of 92
that a certain easement conveyed to the Orange County Flood Control District shown as Parcel
F10-101 recorded August 19, 1963 in Book 6681, Page 721 of Official Records, Records of said
County, being a curve concave to the west having a radius of 755.00 feet, a radial line to said
intersection of said curve bears North 78°33'27" East; thence along the northwesterly line of said
Instrument No. 88-456310 South 51°13'17" West 12G.74 feet; thence South 50°49'06" 101.70
feet; thence South 49°22'12" West 198.91 feet; thence South 42°46'50" West 237.56 feet; thence
South 40°08'47" West 103.13 feet thence South 40°02'01" West 336.20 feet; thence South
41°53'37" West 255.25 feet; thence South 47°21'06" West 73.45 feet; thence leaving said
northwesterly line North 49°19'54" West 33.32 feet; thence North 42°46'59" East 140.37 feet;
thence North 40°43'10" East 200.38 feet; thence North 48°52'43" East 41.82 feet; thence North
41°41'02" East 94.73 feet; thence North 39°49'21" East 107.74 feet; thence North 42° 15'52" East
411.12 feet; thence North 45°27'43" East 87.68 feet; thence North 48°33'22" East 94.05 feet;
thence North 56°02'27" East 59.08 feet; thence North 65°11'02" East 73.27 feet; thence North
52°54'57" East 133.83 feet to a point on said curved westerly Line, a radial line of said curve to
said point bears North 78°04'15" East; thence southerly along said curved westerly line 6.43 feet
through a central angle of 0°29'17" to the Point of Beginning.
Parcel IV-J-10
In the City of Tustin, County of Orange, State of California, being those portions of Lots 75, 76,
85 and 86, Block 46 of Irvine's Subdivision as shown on the map filed in Book 1, Page 88 of
Miscellaneous Record maps, and as shown on a map filed in Book 165, Pages 31 through 39
inclusive of Records of Survey, both Records of said County, described as follows:
For the purpose of this description the following control lines are hereby established:
Control Line "A"
Beginning at the intersection of the centerline of Red Hill Avenue with the centerline of Valencia
Avenue as shown on said Record of Survey, the centerline of Red Hill Avenue having a bearing
Ordinance No. 1336
Page 80 of 92
March 30, 2006
WO No. 0919-68AX
Page 48 of 58
H&A Legal#:6672
By; Robert Wheeler
Checked By: R. Williams
of North 40°38'29" East between Valencia Avenue and Edinger Avenue; thence South 45°20'07"
East 106.23 feet to the beginning of a curve concave southwesterly having a radius of 1400.04
feet; thence southeasterly along said curve 134.49 feet through a central angle of 5'30'14";
thence South 43°49'53" East 101.77 feet to the beginning of a curve concave nortl,~easterly
having a radius of 1400.04 feet; thence southeasterly along said curve 134.40 feet through a
central angle of 5°30'01"; thence South 49°19'54" East 586.96 feet to the beginning of a curve
concave northeasterly having a radius of 1400.04 feet; thence southeasterly and easter: y along
said curve 733.69 feet through a central ~ angle of 30°01'33"; thence South 79°21'2 7" East
1357.63 feet to the beginning of a curve concave southwesterly having a radius of 1400 04 feet;
thence southeasterly along said curve 733.34 feet through a central angle of :30°00'42" , thence
South 49°20'45" East 194.66 feet to a point hereinafter referred to as Point "K". thence
continuing South 49°20'4S" East 1305.95 feet to the terminus of the herein described Control
Line "A".
Control Line; "F"
Beginning at the intersection of the centerline of Von Karman Avenue with the centerline of
Barranca Parkway as shown on said Record of Survey, the center line of Barranca Parkway
having a bearing of North 49°19'54" West between Von Karman Avenue and Jamboree Road;
thence leaving said intersection North 40°40'06" East 302.71 feet to the beginning of a curve
concave southerly having a radius of 1800.05 feet; thence northeasterly and easterly 1825.01 feet
along said curve through acentral -angle of 58°05'25"; thence South 81 ° 14'29" East 725.96 feet
to the beginning of a curve concave northwesterly having a radius of 1400.04 feet; thence
easterly, northeasterly and northerly 1958.72 feet along said curve through a central angle of
80°09'34"; thence North 18°35'57" East 1562.86 feet to the beginning of a curve concave
southeasterly having a radius of 2350.07; thence northerly and northeasterly along said curve
904.63 feet through a central angle of 22°03'19"; thence North 40°39`16" East 84.76 feet to a
point on the easterly prolongation of Control Line "A", said point being distant along said
prolongation South 49°20'45" East 70.41 feet from the easterly terminus of said Control Line
"A", said point also being the terminus of the herein described Control Line "F".
March 30, 2006
W O No. 0919-68AX
Page 49 of 58
H&A Legal#: 6672
By: Robert Wheeler
(lTitobcieadd~f~. bins
Page 81 of 92
Parcel IV-J-10
Beginning at the hereinabove referenced Point "K"; thence South 40°39' 15" West 49.21 feet to
the beginning of anon-tangent curve concave northeasterly having a radius of 3759.90 feet, a
radial line to said beginning of curve bears South 42°51'49" West, thence southeasterly along
said curve 144.99 feet through a central angle of 2°12'34" to a line parallel with and 52.00 feet
southwesterly of said Control Line "A"; thence along said parallel line South 49°20'45" East
555.99 feet to the beginning of a curve concave southwesterly having a radius of 42.00 feet;
thence southeasterly along said curve 10.38 feet through a central angle of 14°09'13"; thence
South 35°11'32" East 36.66 feet to the beginning of a curve concave northeasterly having a
radius of 58.00 feet; thence southeasterly along said curve 14.33 feet through a central angle of
14°09'13" to a line parallel with and 64.00 feet southwesterly of said Control Line "A"; thence
along said parallel line South 49°20'45" East 544.97 feet; thence leaving said parallel line South
4°20'47" East 43.85 feet to the beginning of anon-tangent curve concave southeasterly having a
radius of 2410.07 feet, a radial line to said beginning bears North 49°3S'20" West, said curve
being concentric with and 60.00 feet northwesterly of said Control Line "F"; thence
southwesterly along said curve 39.79 feet through a central angle of 0°56'45"; thence North
49°21'47" West 12.00 feet to the beginning of anon-tangent curve concave southeasterly having
a radius of 2422.07 feet, a radial line to said beginning beazs North 50°31'44" West, said curve
being concentric with and 72.00 feet northwesterly of said Control Line "F"; thence
southwesterly along said curve 180.17 feet through a central angle of 4° 15'43"; thence South
53°36'30" East 12.00 feet to a beginning of anon-tangent curve concave southeasterly having a
radius of 2410.07 feet, a radial line to said beginning bears North 54°47'48" West, said curve
being concentric with and 60.00 feet northwesterly of said Control Line "F"; thence
southwesterly and southerly along said curve 698.43 feet through a central angle of 16°36'15" to
a point on a line parallel with and distant 60.00 feet westerly of said Control Line "F"; thence
along said parallel line South I8°35'57" West 306.63 feet; thence leaving said parallel line North
49° 19'54" West 1255.39 feet to the True Point of Beginning; thence continuing North 49° 19'54"
Ordinance No. 1336
Page 82 of 92
March 30, 2006 ~~
WO No. 0919-68AX
Page 50 of 58
H&A Legal#: G672
By: Robert Wheeler
Checked By: R. Williams
Weft 373.31 feet; thence North 40°40'06" East 541.26 feet; thence South 06°04'27" West 657.51
feet to the True Point of Beginning.
Parcel I-D-2
In the City of Tustin, County of Orange, State of California, being those portions of Blocks 9 and
47 of Irvine's Subdivision, as shown on the map filed in Book 1, Page 88 of Miscellaneous
Record Maps, and as shown on a map filed in Book 165, Pages 31 through 39 inclusive of
Record of Surveys, all of Records of said County, described as follows:
For the purpose of this description the following two control lines are hereby established:
Control Line "A"
Beginning at the intersection of the centerline of Red Hill Avenue with the centerline of Valencia
Avenue as shown on said Record of Survey, the centerline of Red Hill Avenue between Valencia
Avenue and Warner Avenue bears South 40°37'39" West for the purpose of this description;
thence South 49°20'07" East 106.23 to the beginning of a curve concave southwesterly having a
radius of 1400.04 feet; thence southeasterly along said curve 134.49 feet through a central angle
of OS°30'14"; thence South 49°49'53" East 101.77 feet to the beginning of a curve concave
northeasterly having a radius of 1400.04 feet; thence southeasterly and easterly along said curve
733.69 feet through a central angle of 30°01'33"; thence South 79°21'27" East 309.99 feet to a
point hereinafter referred to as Point "A".
Control Line "B"
Beginning at the hereinbefore described Point "A"; thence South 15°38'31" West 74.21 feet to
the beginning of a curve concave northwesterly having a radius of 1400.04 feet; thence
southerly, southwesterly and westerly along said curve 1269.54 feet through a central angle of
S 1 °57'19"; thence South 67°35'50" West 139.46 feet to the beginning of a curve concave
southeasterly having a radius of 1400.04 feet; thence westerly and southwesterly along said
March 30, 2006
WO No. 0919-68AX
Page 51 of 58
H&A Legal#: 6672
,~},A~.IBy(:~Rppo`~beR~rt Wheeler
C7rQIT1~1'TG'6''IYO-.
Page 83 of 92
curve 694.50 feet through a central angle of 28°25'19"; thence South 39°10'31" West 893.39 feet
to a point hereinafter referred to as Point "N"; thence continuing South 39°10'31" West 269.80
feet to the beginning of a curve concave southeasterly having a radius of 1400.04 feet; thence
southwesterly and southerly along said curve 806.36 feet through a central angle of 32°59'59";
thence South 06° 10'32" West 478.01 feet to the beginning of a curve concave northwesterly
having a radius of 1400.04 feet; thence southerly and southwesterly along said curve 842.93 feet
through a central angle of 34°29'48"; thence South 40°40'20" West 187.89 feet to a point
hereinafter referred to as Point "O"; thence continuing South 40°40'20" West 249.56 feet to the
intersection of the centerline of Barranca Parkway with the centerline of Armstrong Avenue as
shown on said Record of Survey.
Parcel I-D-2
Beginning at hereinbefore described Point "N"; thence leaving said Control Line "B" South
48°53'39" East 7f.97 feet; thence South 04°41'11' East 1.44 feet; thence South 38°I2'S9" West
128.21 feet; thence South 85°12'59" West 128.21 feet; thence South 85°18'51" West 38.94 feet;
thence South 39°10'31" West 111.00 feet to the beginning of a curve concave southeasterly
having a radius of 1348.04 feet; thence southwesterly along said curve 693.59 feet through a
central angle of 29°28'47" to the beginning of a compound curve concave easterly having a
radius of 42.00 feet, a radial line to said beginning of compowid curve bears North 80°18'16"
West; thence southerly 11.95 feet along said curve through a central angle of 16°18'19"; thence
South 06°36'35" East 32.98 feet to the beginning of a curve concave westerly having a radius of
58.00 feet; thence southerly along said curve 14.02 feet through a central angle of 13°50'56" to
the beginning of a reverse curve concave easterly having a radius of 1336.04 feet, a radial line to
said beginning of a reverse curve bears North 82°45'39" West; thence southerly 24.80 feet along
said curve through a central angle of O1 °03'49"; thence South 06° 10'32" West 34.00 feet to the
beginning of a curve concave westerly having a radius of 58.00 feet; thence southerly along said
curve 14.33 feet through a central angle of 14°09' 13"; thence South 20° 19'45" West 36.66 feet to
the beginning of a curve concave easterly having a radius of 42.00 feet; thence southerly along
said curve 10.38 feet through a central angle of 14°09'13"; thence South 06°10'32" West 50.00
March 30, 2006
WO No. 0919-68AX
Pagc 52 of 58
H&A Lcgal#: 6672
By: Robert Wheeler
Ordinance No. 1336 Checked By: R. Williams
Page 84 of 92
feet; thence South 38°49'29" East 38.19 feet; thence South 00°24'23" East 104.69 fees; thence
South 51 ° 10'31" West 3 8.18 feet; thence South 06° 10'32" West 176.01 feet to the beginning of a
curve concave westerly having a radius of 1464.04 feet; thence southerly along said curve 73.56
feet through a central angle of 02°52'44" to the beginning of a compound curve concave westerly
having a radius of 154.65 feet, a radial line to said beginning of compound curve bears South
80°6'44" East; thence southerly 34.78 feet along said curve through a central angle of
12°53'14"; thence South 21°56'30" West 31.37 feet to the beginning of a curve concave easterly
having a radius of 177.66 feet; thence southerly along said curve 28.54 feet through a central
angle of 09°12'13" to the beginning of a reverse curve concave westerly having a radius of
12.13.03 feet; a radial line to said beginning of curve bears South 77°15'43" East; thence
southerly 285.39 feet along said curve through a central angle of I3°28'48" to the beginning of a
reverse curve concave southeasterly having a radius of 1201.91 feet, a radial line to said
beginning of reverse curve bears North 63°46'55" West; thence southwesterly 25.30 feet along
said curve through a central angle of O1 ° 12'21" to the beginning of anon-tangent curve concave
northwesterly having a radius of 1446.09 feet, a radial lie to said beginning of curve bears South
6
64°59'16" East; thence southwesterly 83.74 feet along said curve through a central angle of
03°19'05"; thence South 28°19'49" West 55.50 feet to the beginning of a curve concave
northwesterly having a radius of 1192.34 feet; thence southwesterly along said curve 256.84 feet
through a central angle of 12°20'31 "; thence South 40°40'20" West 104.44 feet to the beginning
of a curve concave southeasterly having a radius of 42.00 feet; thence southwesterly along said
curve 10.38 feet through a central angle of 14°09'13"; thence South 26°31'07" West 36.66 feet to
the beginning of a curve concave northwesterly having a radius of 58.00 feet; thence
southwesterly 14.33 feet along said curve through a central angle of 14°09'13"; thence South
40°40'20" West 60.00 feet to the beginning of a curve concave northwesterly having a radius of
58.00 feet; thence southwesterly. along said curve 14.33 feet through a central angle of
14°09'13"; thence South 54°49'33" West 36.66 feet to the beginning of a curve concave
southeasterly having a radius of 42.00 feet; thence southwesterly along said curve 10.38 feet
through a central angle of 14°09'13"; thence South 40°40'20" West 43.00 feet; thence North
49°19'54" West 26.77 feet; thence North 49°19'41" West 89.23 feet; thence North 40°40'20"
March 30, 2006
WO No. 0919-68AX
Page 53 of 58
H&A Legal#:6672
By: Robert Wheeler
~f~~'P~.~~~~5
Page 85 of 92
East 128.98 feet to the beginning of a curve concave southeasterly having a radius of 159.50 feet;
thence northeasterly along said curve 31.48 feet through a central angle of 11°18'32"; thence
North S 1 °5 8'52" East 3.1.19 feet to the beginning of a curve concave northwesterly having a
radius of 143.50 feet; thence northeasterly 28.32 feet along said curve through a central angle of
11 ° 18'32"; thence North 40°40'20" East 163.93 feet to the beginning of a curve concave
northwesterly having a radius of 1094.45 feet; thence northeasterly along said curve 235.77 feet
through a central angle of 12°20'35" to the beginning of a compound curve concave
northwesterly having a radius of 1354.04 feet, said curve being 46.00 feet northwesterly of and
concentric with the above described Control Line "B", a radial line to said beginning of
compound curve bears South 61°40'15" East; thence northeasterly 78.31 feet along said curve
through a central angle of 03°18'49"; thence North 25°00'56" East 6.4 feet to the beginning of a
curve concave westerly having a radius of 1032.03 feet; thence northerly along said curve 221.10
feet through a central angle of 12°16'30"; thence North 12°44'26" East 61.98 feet to the
beginning of a curve concave westerly having a radius of 1348.04 feet; thence northerly along
said curve 102.76 feet through a central angle of 04°22'03" to the beginning of a compound
curve concave westerly having a radius of 42.00 feet, a radial line to said beginning of compound
curve beazs South 81°37'37" East; thence northerly 11.92 feet along said curve through a central
angle of 16°15'43"; thence North 07°53'20" West 32.99 feet to the beginning of a curve concave
easterly having a radius of 58.00 feet; thence northerly along said curve 14.24 feet through a
central angle of 14°03'52"; thence North 06°10'32" East 60.00 feet to the beginning of a curve
concave easterly having a radius of 58.00 feet; thence northerly along said curve 14.33 feet
through a central angle of 14°09'13"; thence North 20°19'45" East 36.66 feet to the beginning of
a curve concave westerly having a radius of 42.00 feet; thence northerly along said curve 10.38
feet through a central angle of 14°09'13"; thence North 06°10'32" East 352.01 feet to the
beginning of a curve concave easterly having a radius of 1452.04 feet; thence northerly along
said curve 706.94 feet through a central angle of 27°53'42" to the beginning of a reverse curve
concave northwesterly having a radius of 42.00 feet, a radial line to said beginning of reverse
curve bears South 55°55'46" East; thence northeasterly 8.94 feet along said curve through a
central angle of 12°11'39"; thence North 21°52'35" East 40.01 feet to the beginning of a curve
March 30, 2006
WO No. 0919-68AX
Page 54 of 58
H&A Legal#: 6672
By: Robert Wheeler
Checked By: R. Williams
Ordinance No. 1336
Page 86 of 92
concave southeasterly having a radius of 58.00 feet; thence northeasterly along said curve 14.83
feet through a central angle of 14°38'54" to the beginning of a compound curve concave
southeasterly having a radius of 1464.04 feet, a radial line to said beginning of compound curve
bea~•s North 53°28'31" West; thence northeasterly 62.75 feet along said curve through a central
angle of 02"27'21" to the beginning of a compound curve concave southeasterly having a radius
of 58.00 fe~;t, a radial line to said beginning of compound curve bears North S1°Ol'1~)" West;
thence northeasterly 14.50 feet along said curve through a central angle of 14°19'42' ; thence
North 53°18'32" East 36.71 feet to the beginning of a curve concave northwesterly ;laving a
radius of 42..01 feet; thence northeasterly 10.36 feet along said curve through a central angle of
14°~8'O1"; thence North 39°10'31" East 50.00 feet; thence North 04°41'13" West 37.42 feet;
thence North 33°25'89" East 141.39; thence South 48°53'39" East 92.13 feet to the Point of
B egirming.
Except therefrom the following described area:
Beginning at the hereinbefore described Point "0"; thence North 49°20'04" West 17.59 feet;
thence North 40°39'24" East 112.04 feet; thence. North 49°16'46" West 34.38 feet to a Line
parallel with and 52.00 feet northwesterly of the above described Control Line "B"; thence North
40°40'20" East 131.2$ feet along said parallel line and it's northeasterly prolongation to the
beginning of a curve concave northeasterly having a radius of 1094.45 feet; thence northeasterly
along said curve 235.77 feet through a central angle of I2°20'38" to the beginning of a
compound curve concave northeasterly having a radius of 1354.04 feet, said curve being 46.00
feet northwesterly of and concentric with the above described Control Line "B", a radial line to
said beginning of compound curve bears South 61°40'15" East; thence northeasterly 78.31 feet
along said curve through a central angle of 03°18'49"; thence North 25°00'56" East 6.40 feet to
the beginning of a curve concave northwesterly having a radius of 1032.03 feet; thence
northeasterly along said curve 3.87 feet through a central angle of 00°12'53"; thence South
49°19'51" East 9S.47 feet to the beginning of anon-tangent curve concave northwesterly having
a radius of 1446.09 feet, a radial line to said beginning of curve bears South 64°22'12" East;
thence southwesterly 68.15 feet along said curve through a central angle of 02°42'01 "; thence
March 30, 2006
WO No. 0919-68AX
Page 55 of 58
H&A Legal#: 6672
CC~h By: Robert Wheeler
Orde nan B~'I~o. 133b-13
Page 87 of 92
South 28°19"49" West 55.50 feet to the beginning of a curve concave northwesterly having a
radius of 1192.34 feet, the southerly terminus of said curve being tangent to a line lying 52.00
feet southeasterly of and parallel with the course in the above described Control Line "B" having
a bearing of South 40°40'20" West; thence southwesterly along said curve 256.84 feet through a
central angle of I2°20'31" to said parallel line; thence South 40°40'20" West 104.44 feet along
said parallel line; thence South 40°40'20" West 83.44 feet; thence North 49°20'04" West 52.00
feet to the Point of Beginning.
Parcel ICI-D-6
In the City of Tustin, County of Orange, State of California, being those portions of Blocks 9 and
47 of Irvine's Subdivision as shown on the map filed in Book 1, Page 88 of Miscellaneous
Record Maps, and as shown on a map filed in Book 165, Pages 31 through 39 inclusive of
Records of Surveys, all of Records of said County, described as follows:
For the purposes of this description the following two control lines are hereby established:
Control. Line "A"
Beginning at the intersection of the centerline of Red Hill Avenue with the centerline of Valencia
Avenue as shown on said Record of Survey, the centerline of Red Hill Avenue having a bearing
of South 40°37'39" West between Valencia Avenue and Warner Avenue; thence South
49°20'07" East 106.23 feet to the beginning of a curve concave southwesterly having a radius of
1400.04 feet; thence southeasterly along said curve 134.49 feet through a central angle of
5°30'14"; thence South 43°49'53" East 101.77 feet to the beginning of a curve concave
northeasterly having a radius of 1400.04 feet; thence southeasterly along said curve 134.40 feet
through a central angle of 5°30'01"; thence South 49°19'54" East 586.96 feet to the beginning of
a curve concave northeasterly having a radius of 1400.04 feet; thence southeasterly and easterly
along said curve 733.69 feet through a central angle of 30°01'33"; thence South 79°21'27" East
309.99 feet to a point hereinafter to be referred to as Point "A".
Ordinance No. 1336
Page 88 of 92
March 30, 2006
WO No. 0919-68AX
Page 56 of 58
H&A Legal#:6672
By: Robert Wheeler
Checked By: R. Williams
Control Line "B"
Beginning at the hereinbefore described Point "A"; thence South 15°38'31" West 74.21 feet to
the beginning of a curve concave northwesterly having a radius of 1400.04 feet; thence
southerly, southwesterly and westerly along said curve 1269.54 feet through a central angle of
51 °7'19"; thence South 67°35'50" West 139.46 feet to the beginning of a curve concave
southeasterly having a radius of 1400.04 feet; thence westerly and southwesterly al Ong said
curve 694.50 feet through a central angle of 28°25'19"; thence South 39°10'31" West 883.39 feet
to a point hereinafter referred to as Point "N"; thence continuing South 39°1 U'31" We: t 269.80
feet to the beginning of a curve concave southeasterly having a radius of 1400.04 fees; thence
southwesterly and southerly along said curve 806.36 feet through a central angle of 3~ °59'59";
thence South 06°10'32" West 478.01 feet to the beginning of a curve concave northwesterly
having a radius of 1400.04 feet; thence southerly and southwesterly along said curve 84 x.93 feet
through a central angle of 34°29'48"; thence South 40°40'20" West 187.89 feet to a point
hereinafter referred to as Point "O"; thence continuing South 40°40'20" West 249.56 feet to the
o intersection of the centerline of Barranca Parkway with the centerline of Armstrong Avenue as
shown on said Record of Survey.
Parcel III-D-6
Beginning at the hereinbefore described Point "O"; thence North 49°20'04" West 17.59 feet;
thence North 40°39'24" East 112.04 feet; thence North 49°16'46" West 34.38 feet to a line
parallel with and 52.00 feet northwesterly of the above described Control Line "B"; thence North
40°40'20" East 131.28 feet along said parallel line and it's northeasterly prolongation to the
beginning of a curve concave northwesterly having a radius of 1094.45 feet; thence northeasterly
along said curve 235.77 feet through a central angle of 12"20'35" to the beginning of a
compound curve northwesterly having a radius of 1354.04 feet, said curve being 46.00 feet
northwesterly of and concentric with the above described Control Line "B", a radial line to said
beginning of compound curve bears South 61°40'15" East; thence northeasterly 78.31 feet along
said curve through a central angle of 03°18'49"; thence North 25°00'56" East 6.40 feet to the
March 30, 2006
~+VO No. 099-68AX
Page 57 of 58
H&A Lcgal#: 6672
By: Robert Wheeler
~rc~inanc~' Ivo~1'3~'S
Page 89 of 92
beginning of a curve concave northwesterly having a radius of 1032.03 feet; thence northeasterly
along said curve 3.87 feet through a central angle of 00° 12'S3 "; thence South 49° 19'S 1" East
95.47 feet to the beginning of anon-tangent curve concave northwesterly having a radius of
1446.09 feet, said curve being 46.00 feet southeasterly of and concentric with the above
described Control Line "B", a radial line to said beginning of curve bears South 64°22'09" East;
thence southwesterly 68.1 S feet along said curve through a central angle of 02°42'01 "; thence
South 28°19'49" West SS.50 feet to the beginning of a curve concave northwesterly having a
radius of 1192.34 feet, the southerly terminus of said curve being tangent to a line lying 52.00
feet southeasterly of and parallel with the course in the above described Control Line "B" having
a bearing of South 40°40'20" West; thence southwesterly along said curve 256.84 feet through a
central angle of 12°20'31" to said parallel line; thence South 40°40'20" West 104.44 feet along
said parallel line; thence South 40°40'20" West 83.44 feet; thence North 49°20'04" West 52.00
feet to the Point of Beginning.
Parcel AA:
Lettered Lots I and J of Tract No. 16695 as shown on a map filed in Book 866, Pages 1 to 9,
inclusive of Miscellaneous Maps, records of Orange County, California.
C
Rory illiams L.S. 6654
License Fxpir s: December 31, 2007
Date• 3
Ordinance No. 1336
Page 90 of 92
~~0 SAND S~~`
~~ ~~
J Rory S. Williams ~
Exp. 12/31!07
No. 6654
c!?jq~ .O~~~Q-
~F CA~~F
March 30, zoa6
WO No. 0919-68AX
Page 58 of S8
H&A Legal#: 6672
By: Robert Wheeler
Checked By: R. Williams
EXHIBIT "B"
TO DEVELOPMENT AGREEMENT
Map showing Property and its location
[to be inserted/attached]
Exhibit B Ordinance No. 1336
Ciiii9.l
Page 91 of 92
SIMENIM MIL
......... r.r r. •w weer rr.r rrw
FE sea a rrar w
ram f af.aar ai saw r ver Orr ser P.M.
mar rWNe y aaa acre Ree r.a rfaR
w rare r.nw.. �.ra..ear WNr..r�
.rwrrfr r
7wz rrrrr...ra
rare r.rrrw
r. a r a as asrrr.r. r.rrr ria
Or • ri.
r a r. Scar WN W ar..s ■ se r aar.r
wale raafara rw.WN era r ea r - er ■
w.rr O a r..a.ua rwsr f ee sew w. a •rWN
. ryaa Rr.r Sear ayrar rr.war.ar•
ser • • arra r neer. a./la r arara ser ser r e•
-.rr.n R w•al.rRar . r rya Y
e sear / se r .a erwr OWNS r wWN f aso.w se r
r a�wir '� a.rwrraaarr..w r.WN.rw
nraar ~rrsweEs, faa.wrr.ar•r.r.a
�r warrraaararasrrwrrrrr
amara r..r.nrwrRrrr... veer w
w.r•
w-
A
INFINWW
IIaIY WN 1a'
l j
+.`
• %y A`
IRL
AIB:E-----�—
/
O
Irr[rl far .W
Ler ME.am q
Ila. w ISI t
/
M
� BOE
I.
taA�aa
I�
ff
f of ass,
am
•6 I
i � Vp'�p�Cr'F'
I yot J B
wear -' �� •M•MIES
Swann R le
Sea se r.w.rr.wiser .a war r.r�rw.
� r r rlrq r
a ser a Garr w. Syr.• a. r. r r urrr r.
rar.WN'�a arrr.w.r. rN. a.rN
. asrrarrarr esr.a. r r r.a a r. r.. r.
�.
ser a Oaar.a r Mr I SOWN Oar ��. sr
.fanaa
r.Irr f ser ser >! ver a free WN eWN rrra
rrrr.ar.eaa ser rfrrrserrr.ret
.rw.rr �.r rwwa �.ar.r.aar
n.r•rarsw.a Screw arl. serer
rr.rrr.a rrnra seaR ra.r weer..
arr...a.. WN.r w r ser as corm. w
�.r.s
OWN f aaRra r Scar • Rwr ser
�aWNr . sew r r w . OWNS rrr.ra.r.r
rrrwr ser �..ar r err � � .ur.uf.r ..ern
Property Description
Swann am Imm
rWN f aafrr M s� sew f w f sow ry IXIMM EAI M/ Mir MR.
rase r/sea ser wrr.reraM WNrrY Il WNrr a.r+sew
'.rrrrarrrwaa.rra rrrrawrrf•rrrw
ta.O • M"=rrr Room as w rase w .car Y sew W wr'a
naw Ma�l.a.a.. SOWNas raWN.rrrrr awY No arraW MA -M.
rWNre r car a gra �. r seer. WNaR
se a Stec r a rrir Y a �rM W rV►a
r a ae.ra
r a aa.ra ar
raerrrr aMYaa-wWNa
se a .r.a r r rr.r Y No ia•a W ..n -a
r a carr r
wae�r
rs. r.a WNr.rsef.raarrerwa.. rnrrrWarr
wwrr. ENNO WNa. .rr�. emir rrar
r.a . rasa. r ro se ser. rraa r Ar
1 Y. soos. ea.rWNa r WN raw aaa .rrrr
rrw.rrr.r.rWNr.rwYrarwr. sow ar/I.Y
—.E,•.wrfra.rrr.Y ya r.rrr
wre. Rrrr.a rr.r.w.rrrrra.aRrwmrai .SOWN aa/.r•Y
arra aararrr r al Seer Sera
r.r N n.l.r r ra.arr i r a --mem. Y
www. w.as a..rr aal.aY
—_
am IF I Oaf n61a[ YrM
NE,
fan owS q as a
M= A
WMAX
wAUM10"
ala= arty aw.aa of
�Ft+
Jmoo,, ,Mcrl,as
1 n * emo
lw OMOM lot T own *memo
Mx IM/ 1-1 pfrw
Mose�I \ rE.aa,{I� Warr
/ ( 9
ate+ �' I
8
�A
mw^ u •
H�1fa-+src. f i
ulmpsvo�L of -41
II
ruse IM
l j
+.`
• %y A`
I
1,10 bills,
Irr[rl far .W
Ler ME.am q
Ila. w ISI t
/
I.
taA�aa
I�
ff
f of ass,
i
•6 I
�Ft+
Jmoo,, ,Mcrl,as
1 n * emo
lw OMOM lot T own *memo
Mx IM/ 1-1 pfrw
Mose�I \ rE.aa,{I� Warr
/ ( 9
ate+ �' I
8
�A
mw^ u •
H�1fa-+src. f i
ulmpsvo�L of -41
II
SHEET 1 OF t
Orf P @Lamat
r ennr arw Orr r w r •err
aaara rrw. .wwa�
..rwa WNnwww�.aw
r ws erw ewa
\R M11R1 /MMOI!
�r ser. a e"
arra ar.r OWNS i . WN r. Aa
.r NO w r.•..IwR
a cera OWNS w ear sew wa•r w
�� r.rr .afr nee.. wWN w
GRAFI! WALS
Irlrl
rr.r.
rrrwa.f.nrvrrarwvrrrara
aver
i�
. arlarr�rrWNrara. aa�fra r.a.wra soar Norma
.rarrrrrarar..
iw.Wear o. wjaw.rwma
•a w r
it ma
ranKrrrOwrar rarrerar
rw.Kewrawrrr.wrrae
.w twrnwvrf.rwrraa
WNwas
i.Oar
aRraa
r. ver .ra.wr.w.r.r.w rrrrr r.rr ver
ser vera rre..rvwa.wrrir+. ■.reeve lw r
vera r rare e r e ser of r{.W4.6— f ee wa car se r OIL ser a .e
a�rr r rrarrir. wise-�rrrr. a..rw.w. r a ser Sever
.wrwsrWN aL.'rre• rararr ra..r.
mm4m rrsrww �.
..wase
1 •Suer
a..KrrsenMl• /.rrarrra
Noss"er
n
W Elose .rase
iarea
aarw
r �.a.ras.aa
W NO.
.aa.
n•W
a r.r rrfra weir r.ae.rr.awrYrrr.arfr sew
sea
wa.Wrrse.awarr l.-...-.1Y•ra .r.w a.w...
yr.rw
=—
wa ser. rr.r.r sea
r r.rrrr.raW Mwr.rrw.a. WN l a.w f r o dw
WNawYrw
w ar.aaKraar.rrrmrar. rr.aarrar eve Mae as
=
e W ire
..aai
-W sera lee--- ser sea .arra.
•rww
:mmoeses,
r.r ..rawwrarrrrlr No r w as
aa.Wnrrrese.WNrrrrso
rare a.r.rr .arr•f.afrr rrraffarr.arriar
sew WNr anr.a w.w r.r see. ,:=. .r.lswrrr.r
NeFft f r aware.wa massed- wlwWNrrr
�\
Lee -W I \ //C I rerlrlar
veer
ra.W..a.r.wti.fwt.rrr "Nese, No, Braves
sera
\ r. wrWN er sea. r vera r a wase w...r. r
\ i •t11 E? I r.a. WN.rrrrm.rrwrrlWNrrrw.afrw
w.•K.war are 7.f aver ser. sea
wra�
y\ . MLow I
•
IN,
w ..sem r
�.-------- /
earr.n •A�� � ...r
-------�� ve---�
NFL
0 04
Z rn
To
VI
c �
00-
l j
�,�
it
I
yO�r
Irr[rl far .W
Ler ME.am q
Ila. w ISI t
/
I.
w.rar
i
SHEET 1 OF t
Orf P @Lamat
r ennr arw Orr r w r •err
aaara rrw. .wwa�
..rwa WNnwww�.aw
r ws erw ewa
\R M11R1 /MMOI!
�r ser. a e"
arra ar.r OWNS i . WN r. Aa
.r NO w r.•..IwR
a cera OWNS w ear sew wa•r w
�� r.rr .afr nee.. wWN w
GRAFI! WALS
Irlrl
rr.r.
rrrwa.f.nrvrrarwvrrrara
aver
i�
. arlarr�rrWNrara. aa�fra r.a.wra soar Norma
.rarrrrrarar..
iw.Wear o. wjaw.rwma
•a w r
it ma
ranKrrrOwrar rarrerar
rw.Kewrawrrr.wrrae
.w twrnwvrf.rwrraa
WNwas
i.Oar
aRraa
r. ver .ra.wr.w.r.r.w rrrrr r.rr ver
ser vera rre..rvwa.wrrir+. ■.reeve lw r
vera r rare e r e ser of r{.W4.6— f ee wa car se r OIL ser a .e
a�rr r rrarrir. wise-�rrrr. a..rw.w. r a ser Sever
.wrwsrWN aL.'rre• rararr ra..r.
mm4m rrsrww �.
..wase
1 •Suer
a..KrrsenMl• /.rrarrra
Noss"er
n
W Elose .rase
iarea
aarw
r �.a.ras.aa
W NO.
.aa.
n•W
a r.r rrfra weir r.ae.rr.awrYrrr.arfr sew
sea
wa.Wrrse.awarr l.-...-.1Y•ra .r.w a.w...
yr.rw
=—
wa ser. rr.r.r sea
r r.rrrr.raW Mwr.rrw.a. WN l a.w f r o dw
WNawYrw
w ar.aaKraar.rrrmrar. rr.aarrar eve Mae as
=
e W ire
..aai
-W sera lee--- ser sea .arra.
•rww
:mmoeses,
r.r ..rawwrarrrrlr No r w as
aa.Wnrrrese.WNrrrrso
rare a.r.rr .arr•f.afrr rrraffarr.arriar
sew WNr anr.a w.w r.r see. ,:=. .r.lswrrr.r
NeFft f r aware.wa massed- wlwWNrrr
�\
Lee -W I \ //C I rerlrlar
veer
ra.W..a.r.wti.fwt.rrr "Nese, No, Braves
sera
\ r. wrWN er sea. r vera r a wase w...r. r
\ i •t11 E? I r.a. WN.rrrrm.rrwrrlWNrrrw.afrw
w.•K.war are 7.f aver ser. sea
wra�
y\ . MLow I
•
IN,
w ..sem r
�.-------- /
earr.n •A�� � ...r
-------�� ve---�
NFL
0 04
Z rn
To
VI
c �
00-