Loading...
2022/02/09 Agreement Agreement Regarding A Community Facilities District (CFD) and Covenants Running with the Land for Tenative Parcel Map (TPM) No. 20-0259/ 38005 , Between City of Menifee and E.D.D. Investment CO., LLCDOC # 2022-0067585 O2lO9l2O2212:43 PM Fees: $0.00 Page 1 of 16 Recorded rn Offrcral Records County of Rrverside Peter Aldana Assessor County Clerk-Recorder RECORDII'IG REQUESTED BY AND WHEN RECORDED XIAIL TO:"This document was electronically submrtted lo the County of Riverside for recordrng" Receipted by ALEJANDRA#1032 ExEirPr FRoM F|UNG FEES GovERNMENT CoDE r6103 The City of Menifee 29844 Haun Road Menifee, California Attention: City Clerk (Space abovg lor Recodoi6 Use) AGREETf,ENT REGARDING A COMTUIUNITY FACILITIES DISTRIGT AND COVENANTS RUNNING wlTH THE I-AND FOR TENTATTVE PARCEL IUIAP (TpM) NO.20-0259/ 38005 between THE CITY OF iIENIFEE a public agency and E.D.D. INVESTMENT CO., LLC a California limited liability company as the Developer (10674871 i3) DOC {2022-0067585 Page 2 of 16 AGREEMENT 1.Parties and Date. This Agreement (this "Agreement') is entered into as oftnis (0 Oay ot 0rfrJoe.f 202'l, by and between the City of Menifee, a municipal corporation (hereinafler referred to as "City") and, E.D.D., INVESTMENT CO., LLC with its principal place of business at 32235 Ano Crest Drive, Wnchester, CA 92596 (hereinafter referred to as "Develope/'). 2. Recitals, 2.1 Developer has submitted to the City for its approval, Tentative Parcel Map No. 20- 0259/ 38005, a proposed development on property comprised of two (2) commercial parcels comprising approximately 4.15 acres located on Encanto Drive, approximately 544 feet south of Mclaughlin Road in the City of Menifee, County of Riverside, State of Califomia (hereinafter collectively referred as the 'Property'). All property is as legally described in Exhi attached hereto and incorporated by reference. 2.2 On April 15, 2021, the City of Menifee Community Development Director (hereinafler referred lo as the'gU") approved Tentative Parcel Map No. 38005 (hereinafter refened to as the "IEU" subject to satisfactory completion of the Conditions of Approval issued in connection with the TPM (hereinafter referred to as "COA'S') for the development of the Property. A depiction of the TPM is attached hereto as Exhibit B. 2.3 Oeveloper and City desire to enter into this Agreement for the purpose of complying with Conditions of Approval No. 33. Although liming prevents the Developer from agreeing to the express terms of Conditions of Approval in Recital 2.2 above, it is wilting to agree that all property located in Parcel 1 (as legally described in Exhlblt C attached hereto and incorporated herein by reference) and Parcel 2 (as legally described in gIDilg attached hereto and incorporated herein by reference) of the Property will be included within an established and recorded Citywide Maintenance District prior to any sale, kansfer or other conveyance of any kind of property located lyithin Parcel I and Parcel 2. Notwithstanding the foregoing, the flrst sale of Parcel 1 by Developer following recordation ot the TPM may occur prior to the inclusion of the Property within an established and recorded Citywide Maintenance District. 2.4 Developer has submifted an application lo the City to annex the Property into the CFD, but the annexalion has nol yet been completed. Toenable Developerto process and record the final map for the Property prior to completion of said annexation, the COA'S require Developer to enter into an annexation agreement with the City which obligates Developer and future owners of the Property lo complete the annexation ofthe Property into the CFD. The annexation shall be completed prior to the issuance of any certificate of occupancy due to any development on Parcel 1 and Parcel 2 of the approved Tentative Parcel Map No. 2G.0259/ 38005. 2.5 This Agreement is made in consideration of the approval of Tentative Parcel Map No. 20-0259/ 38005 as approved by the City on April '15, 2021. {1067487'1 3} I 3. Terms. 3.1 Petition. As owner of all property located within Parcel 1 and Parcel2, Developer shall sign a petition to annex Parcel 'l and Parcel 2 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. Devel oper shall pay its fair share of all costs necessary for the annexation of Lot A and Lot 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 kind related to the annexation of Parcel A and Parcel B into the Citywide Maintenance District. 3.3 lnclusion. Developer understands, acknowledges, and agrees that it shall not be authorized to sell, transfer or in any other manner convey any ofthe property located within Parcel 2 priorto the inclusion of all property located in Parcel 1 and Parcel 2 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. Notwithstanding the anything to the contrary in the foregoing, the first sale of Parcel 1 by Developer following recordation of the TPM may occur prior to the inclusion of the Property within an established and recorded Citywide Maintenance District. 3.4 lndemnification.Devel oper 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:E.D.D. INVESTMENT CO,, LLC 32235 Ano Crest Drive Wnchester, CA 92596 Attn: Donald P. Sheldrake 2 {10674871:3} 3.7 Successors and Assions. 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 Recorder's Office 3.9 Covenant Runnino \Mth the Land. The parties intendthatthe benefits and burdens described herein constitute covenants running with Parcel A and Parcel B for the benefit of the Developer's property located within Parcel A and Parcel B. 3.10 Attornev'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. 3.1'l Governinq Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. 3.12 Headinos. Section headings contained in this Agreement are for convenience only and shall not have effect in the construction or interpretation of any provision. 3.13 Entire Aqreement. 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, lN WTNESS WHEREOF, this Agreement has been executed by the parties on the day and year first above written. CITY OF MENIFEE By: ) anagrng em Donald P. Sheldrake / tfesti Clerk :.A oFo T. Mel n9J 1,., 3 {10674871;3} CityAttOrney E,D,D. INVESTMENT CO., LLC a California limited liability company By:0^{)+tt C,+1 rnanortrar By:D CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificale Yerifies only the identity ofthe individual who signed the document to which this certilicate is attached, and not the truthfulness, accuracy, or validi of that document. State of CALIFORNIA) SS On/o.L 2021 before me,ltu', Junrr?orL-a Notary Public, personally appeared *ho pror"d-iorn" onlh i!is of satisfactory evidence to be the person(s)ctl executed the same iq fris/hcr/their authorized capacity(ies), and acknowledged to me that.islsh€/the, that bylii/her/their signature(s) on the whose name(s)l/arc subscribed to the within instrument and instrument the person(-s), or the entity upon behalf of which the person(s) acted,executed the WITNESS my hand and offrcial seal. ))tEUI JUNG PARK Comml!.ion No. 2tl e2e3 NOTARY PUALIC.CALIFORNIA LOS ANGEIES COUNTY My Comm Erpiror J.n. 19.2024 ,Signature of Notary Public 4 {10674871;3} cowty of[[411g12 instrument. I certiS under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct. (See attached) {10674871;3} Exhibit A EXHIBIT'A'' LEGAL DESCRIPTION OF THE PROPERTY EXHIAIT'A' EXISTING LEGAL LLA 4698 PARCf I. 'A' BEING PARCEL 2 AS SHOWN ON EXHIBIT "B' ATTACI{ED TO THAT CERTAIN \OTICE OF 1.OT LINE ADJUSTMENT I\O. 169& RECORDED AU6[IST I l. 2m5, at Doc No. 2m5{b53o44 o}' OFFICIAI- REC()RDS. TN TI{E CITY Of MENIFT,E. COTJMTY OT RIVERSID€. STATE O}' CALIFON,NIi\ MORI PARTICULARLY DESCRIBED AS fOLLOWS BEII{G TH^T PORTION Of PARCEL I. TOGETI{ER WITH AI.I, THAT PORTION OF PAN,CEL 2. AS SHO1IN ON EXIIIBIT "8' ATTACHF.D TO TIIAT CERTAIN NOTICI, Of LOT LINE ADJUSTMENT N(). 41(x. RECORD€D MAY 2r. l9e9 AS lNSTRl"MEliT NO 234496. OF Of FICIAL RECORI6. BEIIIG A PORTIO}j OF LOT IO AND LOT I I OF TRI-IMBLE FARMS, AS SHOWN ON T}lE VAP RECORD€D ll( BOOK lr. PACE lt. Of MAPS, Al-1. RSCORDS (X SAIDCOIINfi; Bf,GINNING AT TIIE INTI'RSECTION Of TII[, NORTHERLY LINT Of SAID LOT IO AND THE EAS'I'ERLY LINE, OF l HE PARCI]L COND€M}ED BY TIIE STATE ()f CALIFORNIA BY FINAL ORDER OF CO!,IDEMNATION RECORDI D JIJNI. 2!. l%6 AS INSTRTMENT NO. 65$rl OF OFFICIAI- RFCORDFD OF RIVERSIDE COI,NTY AS SIo\I'N ON SAID LX1IIBIl''8" THENCE EAS ALOM} SAID I.IORTHERLY LINE. SOUTH E9"4]'26" TAST, A DISTAI{CE OF I.I,OO FEET TO A POINT ON THE EASTERI,Y I,INT OF A I.I.OO FOOT DEDICA'TION TO RIVE,RSID! cotrNTY RECORDT:D APRll. 21. r971. PER INSI"RUMENI NO. {7696. Otl-lClAL REcoRos: THf,NCT] SOTT'IH ALONG SAID EASTERI-Y I-INF,. SOI'TH 0()"]I'Ot' EAST. A DISIANCE OF 66.I5 FEET TO A POINT ON A I.INE 66. t 5 TEET SOLTIIERLY Of AND PARALLI,L 1'O SA,II) NORTIIERLY LINE OT SAID LOT IO. SAID POINT BE'NC THE TRUE POIXT OP BPGnNNG; TTIENCE CONTINUINC SO('TH ALOI{C SAID EASTERLY LINL SOLITH (xr]I'Ot" EAST. A DISTANCE OF ]II.tg FEET TO TIIE SOUTHWESTERLY CORNER OF SAID PARCEL : OF SAID LoT LINE ADJUSruENT NO. il69t: TIItr.lICf, FAST LEAVIIIG SAID EASTERLY LlNE ALONC 'T}IE SOUTHERLY LINE OF SAIt) PANCEL 2 OF SAID LOT LINE ADJUSTMENT NO. '60t, SOUTH E9'3'I2' EAST. A DISTANCE OF llg.eo f EET TO THE !\,m$ SOUTHEASTERI.Y CORNER OF SAID PARCEL 2: TIIENCE NORTH ALONC THE EASTERLY LINE Of SAID PARCEL 2 OF SAID LOT LINE AD'USTMENT NO. {59t. NORTH (D"] ITT' WEST. A DISTANCE OF I25 OO FF.ET TO AN ANGI,E IDINT ON THE EASTERLY LINE OF SAID PARCEI. 2: T ZNCE WEST ALOII(; SAID EASTERLY LINE Of SAID PARCEL 2 Of SAID LOT LINE ADrl.lSruENT :{o. 169t. SOUTH E9,'41'r2' EAST, A DISTAME Of 2oE.9o FEET To A 9 NT chl THE II,IGT EASTERI,Y LINE Of SAID PARCEI- 2; SHEEI 1 OF 2 {10674871;3} Exhibit A EXHIBIT "A' EXISTING LEGAL LLA 469E TIEIiCE M)RTH AT.ONC SAID EASTERI.Y I.INE OF SAID PARCEL 2 Of SAID LOT L]NE AD'USTMEI{T NO. ,169!, NORTII M'26'4I' WEST. A DISTANCF. Of 26],E7 FEET TO THE NORTHEAST CORNER OF S^ID PARCEL 2. TtIENCE WEST t.EAvlNC SAID EASTERLY LINE ALo:{G THE IIORTHERLY LINE OF SAlt) PARCF:I. T OT SAID I.OT I,INE ADJT'STMENT NO. .'60T. }iORTH tOP'I'26' WEST, ^ DISTA}]CE OT '49.2] FT.ET TO TIIT, IIORTII\IEST CORNER OF SAID PARCF,I. ] M IHE TNUf, FOINT O' BEGINNING, TH}. ABOI'E DF.SCRIBED PARCEI- OT I-ANI'CONTAINS 4 1O ACRES MORE OR LESS I i ) Z)t L SHEET 2 OF 2 DTNNIS \X L S 6]5e {10674871;3} Exhibit A I (See attached) {10674871;3} Exhibit B EXHIBIT "B" Depiction of Parcel Map E]XHIBII'B' PLAT PM 38005 t I -- r TS- o. ElsTERr Y r ll€ cF rct coro€lr.€D BY TH€ STArE Of OrUf 8Y FriaJU onDER Of, Colio€Ltat tc|.t PERrrsr tO a6ma. O R REC 6ir2!t$6 LOI O rRUg,-E FARTaS rl8 l!,/Ja t !JF F EulF = F 3 PI2 B FEtI q'.Eie eE; 20E 75 t9'r r56-w B N89',l75Ev, 339 99 POI LOImral r^Rrasrg r/Ja-l ,r4 oEorc^Tlo ro RN clary PER [aST a7697. REC a/2!t97a O R I DJI o€XX,s Jrlo., rac. I^PPTNGISUFI/E YI,G S€RI4C€S s8c 15.T55.RJW.SA.M SCALE. t'= to oAyE. tor/rr21 .n4xfO&7Attl,,' aI&..-n8--r.,srtEr 1 Of 1 IIORTHERIY LINE LOT 10 pxrcEl !. L!^ .6rGfist- x). zx!5-651(x{ wc. afit/?fi3519 Oi .P.O.A. PAR.,I N89'175fW 339 9S r.' D€DrcATlor to Rv cnrY P€R IXST '?OS,REC .r2ri97a OR T.P,O.B PAR. 2 PARCEL I PS 3alxrs PG- PARCA- 2[r a6e6llsr- tlo. zE5-6!l;baa REC.6n1ftB, PARCEL 2 pm. P^RcfL 2q Pr !,0o3 tLa .6ec; rsrJao2cl-6:t:,{x.9 f,fc. Eitlzs'5 ra D€Dtc^rtor ro Rtv cxlv F3P ies8-z 322 99', P€R tatsi a76s. ;.EC aIZYrgTir. o R r! Ir IE Ei {10674871;3} Exhibit B ti- olFI21 (}2ul (* -'1 LEGAL DES CRIPTION OF PARCEL 1 (See Attached) {10674871;3} Exhibit C EXHtBtT'C" EXHIBIT'C" LEGAL PM 38005 PARCT,L'I' BEING PARCEL I AS S}IOIIN ON PARCEL MAP ]EOO5. tN 'I HI CIT Y O} MENII'LE, COTNIY OT' RIVERSIDE, STATI1 OF CAI-IFORNIA. IN SECTION I5. TOWNSHIP J SOIJT}I. RAIGE ] WES T. S B.M.. MORE PARTICI]I-ARI-Y DISCRIBED AS FOI,T.OWS BEn.G A FORTION OF PARCEL 2 AS SHOTN ON EXHIBIT "8. ATTACHED IO THAT CERTAI:'I NOTICE OT LOT I-INE AD'USTMENI NO. '69t. RECORDED AUCUST I I, 200'. AS DOCUMENI NO. 2mJ-(bslo4,a OF OTFICIAL RICORf)S, SAID X)RTloN Of PARCII- 2 BEll{O A PORTIOI.i OF PARCEL I AND A PORI ION OF PARCEL 2. AS SIIO*N OFI EXIIIBIT '8" ATTACIIED TO THAT CF-RTAll,l NOTICE OF LOT LINE ADTUSTMENT NO. 4106. RLCORDED MAY 2t, 1999 As INSTRIiMFJT ir) 2]4498, OF OFTICIAL Rf,CORDG, SAID LAND BEINC A PORTION Of LOI IO OF'MUMBLE FARMS. AS SIIOVN ON THE MAP RECORDED 'N BOOK I I. PACE ]E. Of M,.\PS. AI.I RECORM OF SAID COTJNTY: Bf,GIIT:{ING AT TITE hiTERSECTION OF THE I'ORTHERLY LINE OF LOT IO OF TRUMBLE FARMS. AS SHOWN ON NIE MAP RECORDED IN BOOK I I. PACE II. Of MAPS. RECORDS OF RIVERSID€ COI.INTY. CALIFORNIA AND IHE E STERLY LINE Of THE PARCEL COI.IDFI{NED RY THE STATE OF CALIFORNIA BY FTN^L ORD€R OF CONDEMNATIOI( RECORDED JUNI 2]. I 6AS INSTRTJME}iT NO,6JO9T Of ()}IICIAI RFCORT'EDOf RIVERSIT)I COTINTY: TTIf,NCf, EAST ALONC SAID}IORTHERLY LINE. SOUTH t9"ITO]'EAST, A DISIANCE OT 14 (n FEET TO A POIIiT ON TI{E EASTERI,Y I,IXE OF A l4.fr) FOOT DEDICATION TO RIVERSIDE COUNI Y PtR IITSTRUMENT t\O. ,176116, RECoRDED APRlt. :1. 1974. oljFlclAl. R.ECORDS; llt{\/ I ' |il I trrt\ t llr Ltr.!\\i\(, TTIENCf CONI]NUINC SOIJTH ALOIiG SAID EASTERLY LINE SOLTTH OOCO'!'' EAST. A DISTANCE OF 2]].8J FEET TO TIIE SOTJTHWFST CORNER Of SAID PARCEL I OF SAID PM 1805: TNEI{CE EAST LEAVIT{C SAID EASTERLY I.INE AI-Oi{G THE SOUTHERLY LINE Of SAID PARCEL l. SOUTH trl75r EAST. A DISTAME of 339.99 F[:ET TO AN Ai$LE FOINT lN SAID SOUTHERLY LINE: T}If,NCE SOt-'TII ALoNC SAID SO(ITHERI.Y t.NE Of SAID PARCEI. I, SOUTH OO'05'OI' EAST. A DIS1 ANCE Of l0 m FEEI TO AN ANCLE FOI:VT Otl SAID SOt.lTllERLY LINE OF SAID PARCI:I. l; THENCE EAST ^I-ONG SAID SOUTHERLY LINE OF SAID PARCEL I. SOUTH t9,.I7't' EAST. A DISTANCL, OT'2Ot-?S IJI]ET TO TIIE SO(ITHEAST CORNE,R OF SAIT' PARCEI, I; {10674871;3} Uxhibit C EXHIBIT "C' LEGAL PM 38005 fiENCE NORTTI ALOI\G THE EASTE,RJ-Y LINE O} SAID PARCI:]. I' NORTII 0o.OO4]" $T-ST' A DISTArlcE OF 26] E5 TEET TO THE NORTHEAST CORNER Of SAID PARCEL I; TIIENCS WEST LEA!l:!C SATD EASTIRI-Y LINE AI.OI.IC T}IE NORTHERLY LINE OF SAID PARCEL I. TORTH E9"IE'O]" WEST, A DISTANCE OI' 549.07 FF.ET TO TIIE NORTHWFJT CONNER Of SAID PARCEL I. POINI BEINC NIE TBUE FOIITT OP BEGNINIT{G. TIIE ABO\'tr DESCRIBED PARCEI. OT I.AND COMAINS ].OO GROSS ACRES MORE OR LESS, t1 L z0Ll I_.S. 6159 SHEET 2 Of 2 q crL {'10674871;3} Exhibit C LEGAL DESCRIPTI ON OF PARCEL 2 (See Attached) (10674871;3) EXHIBIT "D" Exhibit D EXHIBIT'D" LEGAL PM 38005 t' \ l{r I I : BEII,KI PARCEL 2 AS SHOWN ON PARCEL MAP ]EM'. IN THE CITY Of ME}iIFEE. COIJNTY Of RlvERSlDtr, STATE OF CA|.IFORNIA, l!'i SECTIOiI 15, TOWIiSHIP 5 Sotrm. RANGE I WEST. S.8.M.. MORE PARTIC[-ILARLY DESCRIBED AS FOI-IOIXS: Af,GINNISG AT TIIE INTELSECTION OT THE NORTHERLY I,INE OF LOT IOOF IRUMSLE FARMS. AS S}IOW} ON I'HE MAP RECORDED IN BOOI( I I. PACE ]I, OT MAPS. RECORDS Of Rllf RSID€ CO( TY. C.{LIFORNIA AND THE EASIERI-Y LINE Of. tHL PARCEL CONDEIvNED BY N If STATf C'f CAI-IFORNIA BY FINAT. ORD€R OF CO:{DEM}{AIION REC()ff'DID JUNI 2]. te56 AS INSTRUMEITT NO.5509tOf OFFTCTAt_ R"ICC)R'Df D Or RtVERStDf COlI]\aTY: SHEEI I OF 2 BEltlC A FORTIO|-{ OF PARCEL 2 AS SHOWN ON EXHIBIT 'B' ATTACIIED m THAT CERTAIN NOTICE OF LOT LINE ADJUSTMENT M) 4608, RECORDED AUGUSI' I I, 2005. AS DOCI-MENT NO. 2m5-(b5r(X4 ()f OfftctAl- RECORDS. SA|D POnnON Of PARCEL 2 BETNC A PORTtOti Of PARCEL 2. AS SHOU'I\{ ON EXHIBIT 'B' AITACHED IO THAT CERTA]N NONCE Of I,OT I,[NE ADJUSTMENT IJO, .I 106. RECORDED MAY ]t. I9O9 AS INTRUMEI{I M). ]],I.Igt. O} O}SrcIAL RECORT)S. SAID I,AND BEINC PORTIOI{S OF LOT IO AND LOT I I OF TRUMBLE FARMS. AS SIIOWN ON I}TT, MAP R"ECORDED IN BOOK I I. PACE ]E. Of MAPS, AI-I, RECORm Of SAII) COUNTY: E Cf, SOtiTH AI.ONG SA|D EASTIRI.Y LINF., S()[.TH (fi)t'(x" F.AST. A D|SIA}.TCE Of lm 0t IEET TO THE N(XNIWEST CORNER OF SAID PARCEL 2 ()F PARCEL MAP ]EM5. ALSO BEING THE 9OUTHWEST CORNER Of PARCEL I OF SAID PAR.CEL MAP ]t{D5 AND THE TNUf, POINT 07 IEGINIIING; TIIDNCf, EAST At ONC SAID NORTHERLY LNE. SOUTH t9" ITO]' IAS-T. A DISI,T\CI, (X I4.O'J f EI't.TO A POIM'ON TIIE EASTERLY I.INE ()f A I.I.M F(X)T DET'ICATTOT.I TO RIVERSID€ COU:{TY PLR INSTRLIMGNT M) 47696. RECORDED APRIL ]]. I974. OFFICIAL RECORDS: TTIEIICE SOUTH ALONC NIE EASTERLY LINE OF A I4,M FCX)T DGDICATION TO RTVERSID€ COUNTY PER INSTRUMEIfl'NO '769T. RECORDED APRIL 23. IY'{. OfFICIAI, RECOR.DS. SOT'T'I OOO(}5IX" EAST. A DISTAT\'CE OF I55,OO FEET TO THE SOUTHWEST CORNER OF S^ID PARCEI- ] ()F SAID PARCEI. MAP 1&tr5; THENCf, EAST LEAVI}IG SAID EASTERLY LINE ALOM THE SOUTHERLY LINE ()} SAIO PARCF.I. 2, SOIJTH 19" I7't' EAST. A DISTAI{CE OF "9.99 FEET TO THE SOTITHEAST CORNER Of SAID PAR.CEL ]: TIIENCE NORTH ALONG IHE EASTERLY LINE (X'SAID PARCEL 2, M)RTH OO"O'IX'WESI. A TXSTA:{CT- OF I55.OO FEET TO IHE \ORTHEAST CORNER Of SAID PARCEL 2. POINT AEI\C A I AN ANCLE POINT Otl TtlE SoU'rHERl.Y LINE OF SAID PARC[.|. I Ot SAID PARCEI. MAP ]&DJ: i10674871;3) Exhibit D EXHTBIT'D" LEGAL PM 38005 TITf,NCE WEST ALONC NORTHERLY LINE OF SAID PARCEL 2 Of PARCEL MAP ]T(ns. NORTII $"I7'T WESI. A DISTANCE OF ]39.99 FEET TO TIIE I.IORTHWF,ST CORNER OF SAID PARCEL 2 A\D THE IRUE FOI TOFBEGI:YNING, I tg0 7ua L.S. 6t59 D.\ n t) SHEET 2 OF 2 {10674871;3} Exhibit D