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2014/12/19 Lot Line Adjustment Newport Town Square, LLC - LLA 13-004A SCANN'"D PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: AND WHEN RECORDED MAIL TO: V � �ni �U_ Cl TRA: DTT: DOC # 2014-0486533 12/19/2014 03:25P Fee:NC Page 1 of 11 Recorded in Official Records County of Riverside Larry W. Ward Assessor, County Clerk & Recorder 111111111111111111111111111111111111111111111111111111 MA R U PAGE SIZE DA MISC LONG RFD COPY 1S AL M A L 465 426 PCOR NCOR SMFQrnexaM �+ Nckci C� T: CTY UNI Space above this line for recorder's use only Title of Document �c� �_ Fes- c� 1 , - Lfl �► �, CA J-13 A- OOLI 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 1111111imui�uiiuNuiuiiNimuuinii 9,,.;,o-;... AGREEMENT 1. 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. 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 Enanas Carlsbad, CA 92018 Attn: James Grant 3.7 Successors and Assign . 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 Attorne '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. CFD Agreement with — Newport Town Square, LLC. 2 3.11 Governinq 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 Entlre 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 .Pies have executed this Agreement as of the Effective Date. C1 OF I NEWPORT TOWN SQUARE, LLC Scott A. Mann, Mayor Attest: K&- Kathy Bennett, City Clerk Ap 7vd s to Form: re . Melching, City VY CFD Agreement with — Newport Town Square, LLC. James E. Grant, Manager Thomas Fur ke, Ma alter IN F7. of 1 1 EXHIBIT "A" SEE ATTACHED LEGAL DESCRIPTION OF PARCEL B of LLA 13-004 CFD Agreement with —Newport Town Square, LLC. 4 1111 IN `="°°�,�1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California CIVIL CODE § 1189 County of ti) ��! a On a 1 as/4 before me, d I n t L Doe Here Insert POFrpo andVille of the 0111r personally appeared _ JOmes L G a n f DIANE P. BUDINGER r Commission # 1971749 Notary Public - California z x San Diego County n My Comm, Expires Apr 7. 2016 Name(s) of who proved to me on the basis of satisfactory evidence to be the person(5) whose name(I) isles subscribed to the within instrument and acknowledged to me that he/sblo/11* executed the same in his/h9f#i�r authorized capacity(ii35), and that by his/hK/tt*r signatureK) on the instrument the personX, or the entity upon behalf of which the person(t) 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: 7` G &"uL _ Place Notary Seal Above OPTIONAL Signature of Notary Pu ' i 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 of DoEum n re• o f" t rF a i yf. t C b eA (t IN1,s r�lrrn t n f an r3+ ruv o� t.oY Lln.e R d [ -b04 Document Date:. r 20INumber of Pages: Signer(s) 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: 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: .. Iu rvauunai rvurary Hssumauon • IVauona1NOtary.org • 1-8UU-US NUTAHY (1-800-876-6827) Item #5907 = 11111�iimi �,4,;;;. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 State of California County of Gc L I r On _NMIJ aLi RDN before me, D ,trtL Date Here I188rl ame and of the Officer personally appeared �1d +�►. v Name(s) al Signer(0) MARIE 0ALLEG05 Commission 0 2075357 Notary Public - Calllornia San Diego County My Comm. EqOes Jul 21, 2018 who proved to me on the basis of satisfactory evidence to be the person(a) whose name(s) isla4,05 subscribed to the within instrument and acknowledged to me that hefskeLthey executed the same in hisIberltheir authorized capacitv4i gy, and that by his/hw/t�ir signature(K on the instrument the personW, or the entity upon behalf of which the personK 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: &LLd,= Place Notary Seal Above Si Ralure of ary Public OPTIONAL 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 of Document: 10 ti vo, 0 r-e. r Document Date: I.01 1 S Signer(s) Other Than Named Above: _ `C�pasit 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: Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): Individual ❑ Paiinec.�❑ Limited ❑ General ❑ Attorney in Fa ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: c iU rvaounai Notary Hssociaoon • NationalNorary.org - 1-9UU-US NOTARY (1-800-876-6827) Item #5907 IN�� of 1 j2FP 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 5 SHEETS Being that portion of Parcel A of Certificate of Parcel Merger No. 1794, per document recorded August 12, 2008 as Document No. 2008-441964 of' Official Records, described as follows: Beginning of the northwesterly corner of Lot A of Parcel Mop No. 22233, per map recorded in Book 187, pages 9 through 14 inclusive of Parcel Maps, records of said Riverside County; Thence North 0'35'38' West along the westerly line of sold Parcel Map, a distance of 270.52 feet; Thence North 89'53'43' 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'y 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 feet; 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 Fee!; 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 1111111111111111111111IVIIItlIIIIIIINII�IIII •"'=�"F'�'4 EXHIBIT "A" -- LEGAL DESCRIPTION LOT LINE ADJUSTMENT NO. LLA 13-004 SHEET 4 of 6 SMEM 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 a radius of 60.50 feet; Thence ecsterly along said curve, through a central angle of 18'06'02", an arc length of 19.11 feel; Thence tangent to lost said curve, South 80'21'39" 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 Noun Road, (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 7536'14" West; Thence southerly along sold curve through a central angle of 3'10'25" an orc length of 49.85 feet to the northerly fine of Parcel 8 of Lot line Adjustment No. 4185, per document recorded June 13, 2000 as Instrument No. 2000-224957 of Officlal Records; Thence non —tangent to lost 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 westeriy line of said Parcel 8, -a distance of 224.50 feet to the northerly line of said LE,' A of Parcel Map No. 22233; Theme South 89'S3'43" West along said northerly line, a distance of 372,20 feet to the Point of Beglnnfhg. Containing 2.66 acres, more or less ASSESSOR'S PARCEL NUMBERS: 336-380-005, 006, 008, 009, 010, & 011 DATE EXHIBIT PREPARED: 1-03--2014 IIIIktllllll�lIVIIIII � �°a�; P;"P LL U EXHIBIT "B" LOT LINE ADJUSTMENT NO. LLA 13-004 PARCEL 13 40�i. RN NO. 22233 ,p PUB 18719-14 N89'53'43"E 270.00' SHEET 1 OF 2 SHEETS v I � 1" = 150' R� rs' o EW HUe o, qRf VE I 4a S a —' 2'1,3'34" ry �6�q?' N89'24122 E R_81 1.0p' ��2a . J r�, NO'06'17"W 4,50' N89'53'430E 28,83' a� �I d=13'00'04" R=90,50' a?r N'o L=20.54' d=12 59 13 R=90.50 ; PAR= A L 20 51' &36 AC. NET J 5 N89'54 34 E 48.59' Lj 6 6=672'15" R=59.50' L=8.69' Z 9 7 Z N N81 '32' 19 "E 34.09' 2 ❑=18'06'02" R=60.50' L=19.11 ' sik U N80'21 '39 "W 26.19' nfl v: u7 69,53 J 1 249,00' 0 93.29 ��QD• O 2 N89 53'43"EOL PARCEL B 2.66 AC. NET AOB P NKY CORNER LOT A, PM NO, 22233, PM 1 �/s—ra N89'53'43"E 372,19' LOT A i� �O PM NO. 22233, PMB 18719-14 PARCEL C l 0.93 AC. MET d=8' 10 08" N77'06' 13 "W L=128.32N 30.06' ' N89'53'43 E 239. PARCEL 8 LLA NO. 4785, JUNE 13, 2000 o INST. NO. 0 2000-224957 O.R z NEWPORT 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. " 73.06' SEE DETAIL '��s o 1=g�58 5 0, 5H 2 �� ;91p042°� 3 L,17. .ti N3 h� �r 'r IV N 14'23'46 "E 17.20' 11 N75'36'14"W(R) 10.71' q ll rr 1© N67'26'06 "W 51.05' 4 fir_, ► PARCEL C d_3'1025" L- 49.85 , . C 50' 50, VICINITY MAP" Z� 1. V& LANDS. �J L.S. WO �n P. 8-30-20�4 rl * PREPARED BY ER MY SCALE: 1 "=150' 7z-__�Q ASSESSOR'S PARCEL NUMBERS: 336-380-005, 006, 008, 009, 010, & 011SECTION 34, TOWNSHIP 5 SOUTH, RANGE 3 WEST S.B.M. Qs DATE EXHIBIT PREPARED: 1-03-2014 GORDON D EDWARDS, PLS 6678 11111 Jill 111111111111111111 Jill "11.0"=9 -