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2014/12/19 Lot Line Adjustment Newport Town Square - CFD & LLA 13-004PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: AND WHEN RECORDED MAIL TO: aC, rnLn; E=J , c 0�tVA " LI'A l—L<-r f� TRA: DTT: DOC # 2014-0486533 12/19/2014 03:25P Fee:NC Page I of 11 I 6G6 Recorded in Official Records County of Riverside Larry W. Ward Assessor, County Clerk & Recorder I IIIIII IIIIIII IIII III Illillll IIII IIIIII III IIIII IIII IIII S R U PAGE SIZE DA MISC LONG RFD COPY A L 465 426 PCOR NCOR SMF CH C �Ftr1 CC, T: CTY UNI �^ExnM " 0� Space above this line for recorder's use only Title of Document LoA c� LoA- A -9- THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3.00 Additional Recording Fee Applies) ACR 238 (Rev. 03/2008) RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: The City of Menifee 29714 Haun Road Menifee, California Attention: City Clerk (Space above for Recorder's Use) EXEMPT FROM FILING FEES GOVERNMENT CODE 3 6103 AGREEMENT REGARDING A COMMUNITY FACILITIES DISTRICT AND COVENANTS RUNNING WITH THE LAND FOR PARCEL B OF LOT LINE ADJUSTMENT 13-004 between THE CITY OF MENIFEE Public Agency and NEWPORT TOWN SQUARE, LLC Developer 111111111 IN 1 14_©of 48� 13sF AGREEMENT Parties and Date. This Agreement is entered into as of this October 15, 2014, by and between the City of Menifee, a municipal corporation (hereinafter referred to as "City") and, Newport Town Square, LLC, a California Limited Liability Company, with its principal place of business at 5051 Avenida Encinas, Carlsbad, CA 92018 (hereinafter referred to as "Developer"). 2. Recitals. 2.1 Developer has submitted to the City for its approval, Plot Plan 2013-042, a proposed development of the property located on the north side of Newport Road, and west of Haun Road in the City of Menifee. The property is more specifically described as Parcel B of Lot Line Adjustment No. LLA 13-004 recorded January 31, 2014 as Document No. 2014-0044597 of Official Records of Riverside County (hereinafter referred to as "Parcel B"). All property located within Parcel B is as legally described in Exhibit "A" attached hereto and incorporated by reference. 2.2 On or about November 12, 2013, the Planning Commission of the City of Menifee (hereinafter referred to as "Commission") adopted Resolution PC 13-155 wherein the Commission approved Plot Plan 2013-042 subject to satisfactory completion of the Conditions of Approval for the development of Parcel B. Pursuantto Conditions of Approval Nos. 143 and 145, the Developer is required prior to the issuance of Certificate of Occupancy, to annex to a Citywide Landscape and Lighting Maintenance District (hereinafter referred to as "Citywide Maintenance District') for the maintenance of traffic signals, street lights, common landscape and Best Management Practices within public right of way. 2.3 Developer and City desire to enter into this Agreement for the purpose of complying with Conditions of Approval Nos. 143 and 145 pursuant to Resolution PC 13-155. Although timing prevents the Developer from agreeing to the express terms of Conditions of Approval in Recital 2.2 above, it is willing to agree that all property located in Parcel B will be included within an established and recorded Citywide Maintenance District prior to any sale, transfer or other conveyance of any kind of property located within Parcel B. 2.4 This Agreement is made in consideration of the approval of Plot Plan 2013-042 pursuant to Resolution PC 13-155. 3. Terms. 3.1 Petition. As owner of all property located within Parcel B, Developer shall sign a petition to annex Parcel B to an established and recorded Citywide Maintenance District. Developer shall sign such petition upon the request of the City at no cost, expense or other obligation of the City. 3.2 Fair Share of Costs. Developer shall pay its fair share of all costs necessary for the annexation of Parcel B into the Citywide Maintenance District. Such costs shall include, but shall not be limited to, all administrative, publication, engineering and legal costs and fees of any CFD Agreement with —Newport Town Square, LLC. II 1111111 IIIII II IIII �I II 111111111111111 12 M 2014 1�i.7SF kind related to the annexation of Parcel B into the Citywide Maintenance District. 3.3 Inclusion. Developer understands, acknowledges and agrees that it shall not be authorized to sell, transfer or in any other manner convey any of the property located within Parcel B prior to the inclusion of all property located in Parcel B in the Citywide Maintenance District which is currently in the process of formation pursuant to all requirements of state and local laws, rules and regulations. 3.4 Indemnification. Developer and the City shall mutually indemnify, defend and hold each other and their officials, officers, employees, agents and contractors free and harmless from and against any and all losses, claims, damages, fees (including attorney's fees and costs), injuries to persons or property (including wrongful death) in any manner arising out of or incident to each other's own negligent acts, omissions or willful misconduct relating to this Agreement. 3.5 Amendment. The terms and conditions of this Agreement may be altered, changed or amended only by written agreement of the parties hereto. 3.6 Notices. All notices to be given hereunder shall be in writing and may be made either by personal delivery or by registered or certified mail, postage prepaid, return receipt requested. Mailed notices shall be addressed to the parties at the addresses listed below, but each party may change the address by written notice in accordance with this paragraph. Notices delivered personally will be deemed communicated as of actual receipt; mailed notices will be deemed communicated as of two (2) days after mailing. City: City of Menifee 29714 Haun Road Menifee, California 92586 Attn: City Clerk Developer: Newport Town Square, LLC 5051 Avenida Encinas Carlsbad, CA 92018 Attn: James Grant 3.7 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties. 3.8 Recordation. City shall cause this Agreement to be recorded with the Riverside County Recorders Office, 3.9 Covenant Running With the Land. The parties intend that the benefits and burdens described herein constitute covenants running with Parcel B for the benefit of the Developer's property located within Parcel B. 3.10 Attorney's Fees. Should either party bring a legal action for the purpose of protecting or enforcing its rights and obligations under this Agreement, the prevailing party shall be entitled, in addition to other relief, to the recovery of its attorney's fees, expenses and costs of suit. CFI Agreement with —Newport Town Square, LLC. IIIIIII i4�s.,F,11 sF111111111111111111111 11111111111III II f 3.11 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. 3.12 Headings. Section headings contained in this Agreement are for convenience only and shall not have an effect in the construction or interpretation of any provision. 3.13 Entire Agreement. This Agreement contains the entire agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements, either written or oral, express or implied. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision. Th ay�ies have executed this Agreement as of the Effective Date. CI OF I E NEWPORT TOWN SQUARE, LLC Scott A. Mann, Mayor Attest: //''� AA �� Upl_ Kathy Bennett, City Clerk Ap s to Form: v: re . Melching, City A or y CFD Agreement with —Newport Town Square, LLC. `James E. Grant, Manager Thomas Fu ke, MaiAager 1EI II 1 f� I III �Ifl I�I I II IE. q.4n14 0 2 p EXHIBIT "A" SEE ATTACHED LEGAL DESCRIPTION OF PARCEL B of LLA 13-004 CFC Agreement with —Newport Town Square, LLC. 2914 04855K I I II I II I II II Hill I II Ic,'I.Si6 F0of r11�2sP CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 State of California County of ,Jan b/ � �fb On an. a a0/4 before me, ` idnZ P U_d tl�gdf' /�()iQ�U�iti �(G Date II Here Insert me and Title of the OHi r ' personally appeared �lomes L Gra /� DIANE P. BUDINGER Commission # 1971749 Z _` Notary Public -California i z San Diego County > My Comm. Expires Apr 7, 2016' Signer(s) who proved to me on the basis of satisfactory evidence to be the person(W whose name(k) is/a)>i subscribed to the within instrument and acknowledged to me that he/0k/jh* executed the same in his/bed/tKr authorized capacity(Pfi), and that by his/hit/their signature %) on the instrument the person(*, or the entity upon behalf of which the person(g) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: U4w _" a &' 1�2& OPTIONAL Place Notary Seal Above Signature of Notary Pu Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type ofDopument'_aprmt Re. A e(�tYm T5ac�rf'pts Land. �or rce of LOT 1.3-OD',< Document Date: (-I-r� r r 151 ao /� Number of Pages: Signers) Other Than Named Above: _ Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: =� J Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: „.,. 1­1.....e...,,a.y..­m i.euvunmuniy.o,a-I-auuuo nu i Anr t I ouu-era-aueq tern #5907 II II II II I II I IIII II II II 1c�81do ot 1125P CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 State of California 1 County of A� of G I,cEr 11� On _NaOV at-(iao(ti before me, rle, �� c vS L( 'i Date 1H'ere Inserb ame anal Via of the Officer ' personally appeared I twt�AaS l�t,)ivt, �U K— �----- MARIE GALLEGOS Commission • 2075357 a Notary Public - California = San Diego County M Comm. Et fires M 21. 2010 + who proved to me on the basis of satisfactory evidence to be the person(a) whose name(s) is/ard subscribed to the within instrument and acknowledged to me that he/she/Spey executed the same in hisLher4reir authorized capacity(ies); and that by his/ber/ter signature(K on the instrument the person(&)', or the entity upon behalf of which the personal acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Place Notary Seal Above OPTIONAL r//Slinature of Iry Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached /iDocument _ Title or Type of Document: `oYuwtUv�i� t �c r t 1 vicew c f Document Date: Signer(s) Other Than Named Above: Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): Individual ❑ Pa — ❑ Limited ElGeneral El Attorney in a ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: v c����•o�����nr ��v o�y naaw�n�iuu rrnuVun���v a�y.viy'ioVV-VJ i�VIMnr tl-VV arO-OtlL/) lem N5907 1" 11.. V.AO£R5533 P EXHIBIT "A" - LEGAL DESCRIPTION LOT LINE ADJUSTMENT NO. LLA 13-004 PARCEL 8 In the City of Menifee, County of Riverside, State of California: In Section 34, Township 5 South, Range 3 West, S,B.M,; SHEET 3 OF 6 SHEETS Being that portion of Parcel A of Certificate of Parcel Merger No. 1794, per document recorded August 12, 2006 as Document No. 2003-441964 of Official Records, described as follows: Beginning at the northwesterly corner of Lot A of Parcel Map No. 22233, per map recorded in Book 167, pages 9 through 14 inclusive of Parcel Maps, records of said Riverside County; Thence North 0°3538" West along the westerly line of said Parcel Map, a distance of 210,52 feet; Thence North 89'5343" East, a distance of 93.29 feet; Thence North 0'06'17" West, a distance of 21.59 feet; Thence North 89'53'43" East, a distance of 249.00 feet; Thence South 0'06'17' East, a distance of 18,00 feet; Thence North 89'53'43"East, a distance of 33.58 feet; Thence South 0'06'17" East, a distance of 4.50 fact; Thence North 89'53'43" East, 28,83 feet to the beginning of a tangent curve, concave southerly and having a radius of 90,50 feet; Thence easterly along said curve, through a central angle of 13`00'04", an arc length of 20.54 feet; Thence tangent to last said curve, South 77'06'13" East, a distance of 30,06 feet to the beginning of a tangent curve, concave northerly and having a radius of 90,50 feet; Thence easterly along said curve, through a central angle of 12'59'13", an arc length of 20,51 feet; Thence tangent to last said curve, North 89'54'34" East, a distance of 48.59 feet to the beginning of a tangent curve, concave northerly and having a radius of 59.50 feet; Thence easterly along said curve, through a central angle of 8'22'15", an arc length of 8.69 feet; ASSESSOR'S PARCEL NUMBERS: 336-380-005, 006, 008, 009, 010, & 011 DATE EXHIBIT PREPARED: 1-03-2014 Ili I ��I� II II 1111 644597 ¢a°'"`2e°3��'IMP IN it 11111I1II a111 EXHIBIT "A" - LEGAL DESCRIPTION LOT LINE ADJUSTMENT NO. LLA 13-004 SHEET 4 OF 6 SHEETS Thence tangent to last said curve, North 81'32'19" East, a distance of 34.09 feet to the beginning of a tangent curve, concave southerly and having o radius of 60.50 feet; Thence easterly along sold curve, through a central angle of 18'06'02", an arc length of 19.11 feet; Thence tangent to last said curve, South 80'2139" East, a distance of 26.19 feet; Thence North 14'23'46" East, a distance of 17.20 feet; Thence South 75'36'14" East, a distance of 10.71 feet to a point of intersection with the westerly line of Houn Rood, (100.00 feet wide) as shown on said Parcel Map No. 22233, said line being a non —tangent curve, concave northwesterly and having a radius of 900.00 feet, a radial line to sold point bears North 75'36'14" West; Thence southerly along said curve through a central angle of 3'10'25" an arc length of 49.85 feet to the northerly line of Parcel 8 of Lot Line Adjustment No. 4185, per document recorded June 13, 2000 as Instrument No. 2000-224957 of Official Records; Thence non —tangent to last said curve, South 89°53'43" West along said northerly line, a distance of 239.53 feet to an angle point therein; Thence South 0'06'17" East along the westerly line of said Parcel 8, a distance of 224,50 feet to the northerly tine of said Lot A of Parcel Map No. 22233; Thence South 89'53'43" West along said northerly line, a distance of 372,20 feet to the Point of Beginning. Containing 2.66 acres, more or less ASSESSOR'S PARCEL NUMBERS: 336-380-005, 006, 008, 009, 010, & Oil DATE EXHIBIT PREPARED: 1-03-2014• Ill NN N N �# 111N [ IINI NNIi NN1111111111 IN ei °l Q of 1? I EXHIBIT "B" LOT LINE ADJUSTMENT NO. LLA 13-004 PARCEL 13 `?O� PM N0. 22233 PUB 18719-14 O NO'O6'17"W 4.50' 02 N89'53'43"E 28.83' v 'F 03 A=13'00'04" R=90.50' L=20.54' 2 ,rye A 1" = 150, i' 4 2� R=81 10' L=17, SEE DETAIL 2 Ft I ®d=12 59 13 R=90.50 PARCEL A co L=20.51' S.36 AG NET ^ 5 N89'54'34 E 48.59' W ^� 6 6=8'22'15" R=59.50' L=8.69' Z - 7 N81'32'19"E 34.09' r- N89'53'43 E 243, U A=18'06'02" R=60.50' L=19.11, 4k, PARCEL C 1 Lj 09 N80'21'39"W 26.19' 0.93 AC. NET _ 'WA-81 �� ��pg o b N7T06'1 J L=12 30.06 Q PARCEL A „E 49. 2 1 4 8 S 93.29' �2�0. 6 Z 89-53'4,3E 'y Al I yy° ?$ a N89-53'43"E 239.; �A N N764Wi o PARCEL B ^ Z66 AC. NET CN � PARCEL 5 � PPARaCEJ. B ^ LLA NO. 4185, JUNE 13, 2000 NW'LY CORNER LOT A, i PM un �99xl o o INST. N0. 2000-224957 O.R. N89'53'43"E 372.19' i� i� - - ° PM N0. LOT A 22233, PMB 18719-14 ° NEWPOR_T ROAD LEGEND: INDICATES NEW ADJUSTED LOT LINE — -INDICATES LOT LINE TO BE ELIMINATED -INDICATES EXISTING LOT LINES TO REMAIN -INDICATES STREET CENTERLINE NOTES: THE PROPOSED LOT LINE WILL NOT LATERALLY INTERSECT A GRADED MANUFACTURED SLOPE. NO DRAINAGE FROM THE TRIBUTARY ABOVE THE MANUFACTURED SLOPE WILL SHEET FLOW OVER THE SLOPE FACE. EL C 50, ra C SHEET 1 OF 2 SHEETS f0 N14'23'46"E 17.20' '11 N75'36' 14 "W(R) 10.71 ' (L4 N67-26'06'1Y 51.05' VICINITY 0_ ,\ . 10 L4 �. f10, L.R. ef78 PREPARED BY ER MY SCALE: 1 "=150' D N ^ ASSESSOR'S PARCEL NUMBERS: 336-380-005, 006, 008, 009, 010, & 011 r•}-/,,"' Jj�n., SECTION 34, TOWNSHIP 5 SOUTH, RANGE 3 WEST S.B.M. DATE EXHIBIT PREPARED: 1-03-2014 GORDON D EDWARDS, PLS 6678 III�IIII I�l11111111l1Jill 111111111111111111 Jill „1111- 4449q, G