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2022-355 APPROVING THE SECOND AMENDMENT TO COMMERCE POINTE DEVELOPMENT AGREEMENT BETWEEN CITY OF MENIFEE AND SCOTT ROAD PARTNERS LLCoRDtNANCE NO. 2022-355 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA, APPROVING THE SECOND AMENDMENT TO COMMERCE POINTE DEVELOPMENT AGREEMENT BETWEEN CITY OF MENIFEE AND SCOTT ROAD PARTNERS LLC. WHEREAS, on March 3A,2022, Scott Road Partners LLC filed a formal application (PLN22-071) with the City of Menifee for the approval of two amendments to Development Agreement No. 2012-1 16 for the Commerce Pointe project within the City; and WHEREAS, the request is to amend the existing Commerce Pointe Development Agreement (DA 2012-116) by extending the term for the original vested rights/buildings an additional three years to December 19, 2026, as well as provide the landowner limited assurance pertaining to the development and use of the project buildings, with associated public benefits; and WHEREAS, all impacts related to the Development Agreement and previous development approvals were analyzed in an Environmental lmpact Report (SCH 2006121062) prepared for the original plot plan applications (PP2145212228O/2009-006), which was adopted by the City of Menifee City Council on November 20, 2013; and WHEREAS, the second amendment to the Development Agreement would promote the public convenience, general welfare, and good land use practices, and is in the best interest of the community; and WHEREAS, the second amendment to the Development Agreement would not adversely affect the orderly development of property and surrounding area, or the preservation of property values; and WHEREAS, the second amendment to the Development Agreement would promote and encourage the development of the proposed project by providing a greater degree of requisite certainty; and WHEREAS, the second amendment to the Development Agreement strengthens the public planning process, encourages private participation in comprehensive planning, and reduces the economic costs of development uncertainty; and WHEREAS, the second amendment to the Development Agreement is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is or will be located, including any policy plan overlay applicable to the property; and WHEREAS, On November 20,2013, the City Council adopted Ordinance No. 2013-133 approving Development Agreement No. 2012-1 16 for property which was known as Commerce Pointe I and Commerce Pointe ll;and WHEREAS, the second amendment to the Development Agreement has been prepared, processed, reviewed, heard, and approved in accordance with applicable law, including but not limited to Section 65864 et seq. of the Government Code; and WHEREAS, approval of the second amendment to the Development Agreement will provide a benefit to the community; and WHEREAS, the second amendment to the Development Agreement would not be detrimental to the public health, safety, or welfare of the community; and WHEREAS, the City Clerk has caused notice to be duly given of a public hearing in this matter in accordance with law, as evidenced by the affidavit of publication and the affidavit of mailing on file with the City Clerk; and WHEREAS, a copy of the report and said EIR have been on file in the Office of the City Clerk and available for examination during regular business hours by any interested person, at all times since the date of giving notice in this matter; and WHEREAS, on August 10, 2022, the Planning Commission held a duly noticed public hearing at which the Planning Commission considered the proposed amendments to the Development Agreement and those persons desiring to be heard on said matters were heard and evidence in said matters received; and WHEREAS, at its August 10,2022 public hearing, the Planning Commission adopted Resolution No. PC 22-568 recommending approval to the City Council of an ordinance approving the second amendment to the Development Agreement; and WHEREAS, on September 21, 2022, the City Council held a duly noticed public hearing regarding the proposed second amendmentto the Development Agreement and those persons desiring to be heard on said matters were heard and evidence in said matters received and on each said date the hearing was opened, held, and continued; and NOW, THEREFORE, the City Council of the City of Menifee hereby ordains as follows: SECTION'1. The Findi ngs set out above are true and correct SEGTION 2. Ihe proposed development agreement is consrsfent with the objectives, policies, general land uses and programs specified in the general plan and any applicable specific plan. Consistency with General Plan The project site is designated Economic Development Corridor - Southern Gateway (EDC-SG), however the Development Agreement vests the County Ordinance No. 348 lndustrial Park (lP) designation. The intent of this land use designation is to allow business park (predominantly light industrial and office uses). Additionally, the project was previously entitled under Plot Plan No. 2009-006 and Development Agreement No 2012-116. The proposed amendment does not change the approved enlitlements and therefore, it will continue to be in conformance to the zoning, design guidelines and development standards of the lP designation, and the requirements of the General Plan. The p@ect as approved, policies: continues to be consistent with the following General Plan Project Design Design parking lots and structures to be functionally and visually integrated and connected; off-street parking lots should not dominate the street scene. cD-3.5 Perimeter landscaping has been included in the project design to visually screen the parking lot from surrounding roadways. All proposed structures will utilize similar materials and archrtectural features and, therefore, will be functionally and visually integrated. The basins proposed within the project will be landscaped and well-integrated into the overall plant palette of the center. Building Design CD-3.10: Employ design slrategles and building materials that evoke a sense of quality and permanence. The project includes quality architectural construction and features, including decorative lighting, glazing, cornice, reveals, and architectural insets and offsets. The buildings are well articulated, utilizing glazing, vertical architectural elements, offset roof and wall planes, recesses and pop-outs, and surface material and paint color changes. As a result, these buildings are vertically and horizontally articulated in front and rear of buildings. CD-3.14: Provide variations in color, texture, materials, afticulation, and architectural treatments. Avoid long expanses of blank, monotonous walls or fences. The proposed buildings are well articulated, utilizing substantial glazing, offset roof and wall planes, recesses and pop-outs, and surface material and paint color changes. As a result, the project avoids the use of long expanses of blank, monotonous walls. CD-3.8 Design retention/detention basrns to be visually attractive and well-integrated with any associated project and with adjacent land uses. CD-3.13 Utilize architectural design features (e.9., windows, columns, offset roof planes, etc.) to veftically and horizontally afticulate elevations in the front and rear of buildings. CD-3.22: lncorporate visual buffers, including landscaping, equipment and storage area screening, and roof treatments, on properties abutting either lnterstate 215 or re side nti ally desig n ated p ropefty. The prope(y is adjacent to the l-215 and it includes enhanced landscaping areas with trees to effectively reduce the massing of the buildings. Signage cD-6.7 lntegrate project signage into the architectural design and character of new buildings. The project has been conditioned to submit for and obtain approval of a master sign program which will integrate architectural features into the signs that are also found on the buildings consistent with the project's architectural theme. Noise N-1.8 Locate new development in areas where noise levels are appropiate for the proposed uses. Consider federal, state, and City noise standards and guidelines as a paft of new development review. The prqect included a consistency analysis with the adopted Environmental lmpact Report (ElR) pursuant to CEQA and concluded that it would not exceed applicable local and state noise regulations. Properties to the north are developed with business park uses, whereas properties to the south generally vacant or underdeveloped. As modified, the project is compatible with the surrounding General Plan land uses. The poect is zoned Emnomic Development Corridor Southern Gateway (EDC-SG) however under the existing Development Agreement is vested under County Ordinance No. 348 lndustrial Park (lP) zone which allows for a variety of industrial/business park uses. Cunently, the EDC-SG zone does not allow for warehousing facilities, however, the approved and vested project was entitled prior to the zoning code amendment that prohibited warehousing facilities. Therefore, the poect as approved is consistent with existing agreement and development standards including parking and landscaping. SECTION 4. The proposed development agreement is in conformity with and will promote public convenience, general welfare and good land use practice. The project is located on the east side of Zeiders Road, both north and south side of Ciccotti Street. The Project is compatible with the surrounding land uses, General Plan land use designations, and zoning classifications and is adequately sized, shaped, designed and located to accommodate the proposed uses. The project incorporates quality design, and other improvements which will enhance and benefit the area upon construction. The Development Agreement provides for the orderly construction of road improvements, utilities, drainage and other improvements. The proposed amendment to SECTION 3. The proposed development agreement is compatible with the uses authorized in, and the regulations prescribed for, the zone in which the real propefty is or will be located. the approved Development Agreement is in conformity with and will promote public convenience, general welfare and good land use practice. SECTION 5. The development agreement will not be detrimental to the health, safety and general welfare within the City. The Development Agreement will not result in conditions detrimental to the public health, safety, or general welfare. The associated entitlements have been reviewed and conditioned by the City of Menifee Community Development, Engineering, Building and Safety and Fire Departments to ensure that it will not create conditions materially detrimental to the surrounding uses. Conditions of approval include substantial landscaping, roadway improvements consistent with the General Plan, fire infrastructure, and drainage improvements that will benefit the Project site and surrounding areas. SECTION 6. The proposed development will not adversely affect the orderly development of the property or the preservation of property values The proposed Development Agreement would assist with and would not interfere with the development of the Project site and the uses proposed under Plot Plan No. 2145212228012009- 006, which would not adversely affect the orderly development of the surrounding area. The Development Agreement would not modify the uses allowed under the original approval. The Development Agreement would not conflict with surrounding existing and planned land uses and would not have the potential to adversely affect property values. SECTION 7. The proposed development agreement will promote and encourage the development of the proposed project by providing a greater degree of requisite cefiainty for the developer. SECTION 8.- The proposed development agreement that includes a subdivision, and any tentative map prepared for the subdivision, will comply with the provisions in Government Code Section 66473.7. The subdivision for this project has been approved and the map has recorded- ln addition, all impacts related to the Development Agreement and previous development approvals were analyzed in an Environmental lmpact Report (SCH 2006121062) prepared for the original plot plan applications (PP21452122280/2009-006), which was adopted by the City of Menifee City Council on November 20, 201 3. The assurances provided to the applicant through the Development Agreement, such as vesting of Development lmpact Fees, clarification of vested uses would provide greater certainty, reduced risk, and offset development costs that would encourage development as approved under the Plot Plan and the infrastructure associated with it that would serve the surrounding area. SECTION 9. The City Council approves the second amendment to the Commerce Pointe Development Agreement set forth in Exhibit "2" of this Ordinance. SECTION 10. The second amendment to the Development Agreement is applicable to the area of the City of Menifee as legally described in the Development Agreement. SECTION 11. The City Manager, or his or her delegee, is directed and authorized to do all of the following: a. prepare a final version of the Development Agreement for execution and recording that fully reflects the action of the City Council in adopting the Development Agreement; and b. make all necessary and appropriate clerical, typographical, and formatting corrections to the adopted Development Agreement prior to execution and recording. SECTION 12. This Ordinance shall take effect and be in force thirty (30) days from and after its adoption SECTION 13. The Mayor shall sign this ordinance and the City Clerk shall attest and certify to the passage and adoption of this Ordinance and cause this Ordinance to be published using the alternative summary and posting procedure authorized under Government Code Section 36933. This Ordinance was introduced for first reading on September 21,2022, and PASSED, APPROVEO, AND ADOPTED this Sth day of Octobet 2022. 1/ \'\./ Gffir,n*r"", *r. Approved as to form: J Melching, C Attest Atto te nie Roseen, Acting City Clerk October 5, 2022 City Council RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Menifee 29844 Haun Road fufepifeslft9l586 (Space Above Line For Recorder's Use Only) (Exempt from Recording Fees Per Gov't Code 27383) SECOND AMENDMENT TO CITY OF MENIFEE DEVELOPMENT AGREEMENT 2012.115: ORIGINALLY: "DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF MENIFEE AND ZEIDERS ROAD BUSINESS PARK, INC. AND COMMERCE POINTE II MENIFEE INC. REGARDING THE COMMERCE POINTE PROJECT" BY AND BETWEEN THE CITY OF MENIFEE AND SCOTT ROAD PARTNERS TTC REGARDING SCOTT ROAD COMMERCE CENTER IAND SCOTT ROAD COMMERCE CENTER II (formerly known as "Commerce Pointe") Original Effective Date: December 20,2013 Second Amendment Effective Date: November 4,2022 SECOND AMENDMENT TO CITY OF MENIFEE DEVELOPMENT AGREEMENT 2012.115 Scott Road Commerce Center I and Scott Road Commerce Center ll (formerly known os "Commerce Pointe") This Second Amendment to City of Menifee Development Agreement 2O72-LLG ("Second Amendment") is entered into between the City of Menifee, a municipal corporation ("City"), and Scott Road Partners LLC ("[andowner"). City and Landowner shall be referred to collectively within this Second Amendment as the "Parties." RECITATS A. The Property, Landowner owns fee title to the real property described on Exhibit "A" and shown on Exhibit "B" attached to this Second Amendment. B. The Original Development Agreement Approval. On November 20, 2013, the City Council of the City ("City Council") adopted Ordinance No. 2013-133 approving Development Agreement No. 2012-116 ("DA") for the Property, which was then known as Commerce Pointe I and Commerce Pointe ll. The original parties to the DA were (i) the City and (ii) Zeiders Road Business Park, lnc., a California corporation, and Commerce Pointe ll Menifee, lnc., a California corporation. Landowner is the successor under the DA to those original parties. C. The Original Term. The original effective date of the DA was Decemb er 20,2073. December 79,2023, is the final day of the original ten-year term of the DA ("Original Term"). D. First Amendment. Concurrently with the negotiation and approval of this Second Amendment pursuant to Ordinance No. , the Parties negotiated and the City Council approved a separate amendment to the DA ("First Amendment") pursuant to Ordinance No. A copy of the First Amendment is attached as Exhibit "C". lt is the intent of the Parties that the First Amendment and Second Amendment shall be deemed to have been entered into and operate concurrently to the extent provided in each of those amendments. Ordinance No._ and Ordinance No. _ shall be jointly referred to as the "Adopting Ordinances" and the date on which they become effective under California law shall be referred to as the "Amendment Effective Date." E. Relationship to DA and First Amendment. o The DA. This Second Amendment amends, but does not replace, the DA. Except as provided in the First and Second Amendments, the original provisions of the DA shall remain in full force and effect. The original effective date of the DA remains December 20,2013, irrespective of the Amendment Effective Date. References to the "Agreement" in the DA shall be deemed to refer to the DA as modified by the First and Second Amendments, unless to do so would conflict with the express intent of either the First or Second Amendment. lf a provision of this Second Amendment is inconsistent with, conflicts with, or impedes the full implementation of a provision of the DA that has not been expressly deleted or modified by either this First Amendment or the Second Amendment, the Second 1 Amendment provision shall prevail over the original language in the DA, but only to the extent needed to fully implement the Second Amendment provision and the stated intent of this Second Amendment. o The First Amendment. This Second Amendment supplements, but neither amends nor replaces, the First Amendment. Recitals A through G, l, and J of the First Amendment are incorporated into this Second Amendment for background purposes. The bolded defined terms in the First Amendment shall have the same meaning within this Second Amendment. When considered in con.lunction with the First Amendment, this Second Amendment shall be interpreted and applied in a manner consistent with the First Amendment's provisions, but only to the extent needed to fully implement the Second Amendment provision and the stated intent of this Second Amendment. When both the First and the Second Amendments are in effect and operative at the same time, the First Amendment controls development and use of the Property. H. Public Hearints. On August 1O,2022, at a properly-noticed public hearing, the City's Planning Commission reviewed and recommended that the City Council approve this Second Amendment. L City Council Action. On September 2L,2022, the City Council conducted a properly-noticed pu b lic hearing in accordance with Cha pter 9.45 of Article 2 of Title 9 of the Menifee Municipal Code ("Development Agreement Ordinance"). Following the public hearing, the City Council introduced and conducted a first reading of the Adopting Ordinance for the Second Amendment. At a properly-noticed public meeting on October 5, 2022, the City Council conducted a second reading of and adopted the Adopting Ordinance for the Second Amendment, making the Amendment Effective Date November 4,2022. J. Findings. ln approving the Adopting Ordinance for the Second Amendment, the City Council found that this Second Amendment (i) is consistent with the City's General Plan and the presently applicable zoning for the Propertyl, (ii) is in the best interests of health, safety, and general welfare of the City, its residents, and the public, (iii) is entered into pursuant to and constitutes a present exercise of the City's police power, and (iv) is entered into pursuant to Government Code Section 55868 and the Development Agreement Ordinance, which authorize the City to enter into modifications, including extensions of time, to a previously approved and effective Development Agreement. K. Purpose of Second Amendment. lt is the intent of the Parties that th is Second Amendment will provide to both the City and Landowner limited assurances pertaining to the development and use of the Project Buildings for the Remaining Vested Uses if, for any reason, the benefits to the Parties under the First Amendment have not been realized as of December L9,2023, the final day of the Original Term. Because the DA remains in effect at the time of this First Amendment, the Zone Change is not currently applicable to the Property. 2 AGREEMENT For the consideration set forth below, the Parties agree as follows: 1, lncorporation of Recitals, The Recitals above are intended to serve as a substantive part of this Second Amendment. 2. New Public Benefit. As consideration for entering into this Second Amendment, Landowner will make a single lump sum payment to the City of 5250,000 (the "second Amendment Payment") within three business days after receiving written notice from the City that each of the following has occurred: a. The First and Second Amendments have been signed by the City (the Parties understand and agree that this Second Amendment shall be properly executed by Landowner and delivered to the City prior to City Council approval of the Adopting Ordinances, but that Landowner's signing the Second Amendment shall not be binding, and this Second Amendment sha ll have no legal effect on any Party whatsoever if, after the delivery ofthe signed Second Amendment to the City by Landowner, the City Council (l) changes a single word in the Second Amendment, other than the addition of dates, signatures, ordinance numbers, project status updates in Recital D, typographical corrections, and similar technical matters and matters of form in the Second Amendment and the Exhibits, or (li) adds any condition whatsoever to the approval of the Second Amendment without the prior written consent of Landowner); b. The City has timely filed and the County has posted a single Notice of Determination for both the First and Second Amendments and the Adopting Ordinances ("NOD"). The NOD sha ll be filed by the City no more than five (5) days following the approval of the Adopting Ordina nces; and c. The Adopting Ordinances have become effective without a referendum applicable to either the First or Second Amendment having been timely submitted (i.e., presented to the City Clerk with a legally sufficient number of signatures within 30 days following the approval ofthe Adopting Ordinances), both the First and Second Amendments have been recorded with the Riverside County Recorder, and a copy of both the First and Second Amendments showing the official Recorder's stamp have been provided to Landowner. Such funds shall be used by the City in its sole discretion. Once delivered by Landowner to City, the Second Amendment Payment shall not be refundable. 3. Extension of DA. Provided that on December 79,2023, Landowner is not in breach ofthe DA as amended by the First and Second Amendments, the Original Term automatically shall be extended through December 19,2026, without further action by either of the Parties unless as of December 19, 2023, either: . Landowner has received certificates of occupancy for each of the Project Buildings; or o There is no litigation pending which challenges the validity of the First Amendment on any basis and the First Amendment remains valid. 3 lf the DA is not extended because one ofthese conditions exists, City shall nonetheless retain the entirety of the Second Amendment Payment. 4. "Effective" and "Operative" Dates. This Second Amendment shall be effective as of the November 4, 2022, the Amendment Effective Date. lt shall not become "operative" (meaning that the Parties will receive their respective benefits from the Second Amendment) unless and until the Second Amendment Payment is timely delivered to the City by Landowner. 5. Addresses for Notices. Addresses for notices related to this Second Amendment shall be the same as for the DA and the First Amendment, which are: City: City of Menifee Attn: City Clerk 29844 Haun Road Menifee, CA 92586 With a copy to: Jeffrey Melching Rutan & Tucker, LLP 18575 Jamboree Rd, gth Floor lrvine, CA 92612 jmelching@ rutan.com Landowner: Edmond F. St. Geme Scott Road Pa rtners LLC c/o J upiter Holdings LLC 24 Corporate Plaza, Suite 100 Newport Beach, CA 92660 ed@jupiterholdings.com With a copy to: Tim Paone Cox, Castle & Nicholson LLP 3121 Michelson Drive, Suite 200 lrvine, CA 92612 t paon e @ coxca stle. com 6. Sections 25 and 30. ln implementing this Second Amendment, the Parties shall comply with Sections 25 and 30 ofthe DA as amended by the First Amendment. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 4 lN WITNESS WHEREOF, City and Landowner have executed this Second Amendment to City of Menifee Development Agreement 2072-776, with an Second Amendment Effective Date of November 4, 2022. "city' CITY OF MENIFEE, a California city By: Armando G. Villa, City Manager ATTEST: Stephanie Roseen, lnterim City Clerk APPROVED AS TO FORM: RUTAN & TUCKER, LLP Jeffrey T. Melching, City Attorney "Landowner" Scott Road Partners LLC, a Delaware limited liability company By: Jupiter B-lll LLC, a Delaware limited liability company, Its: Member By: Jupiter Advisors LLC, a California limited liability company, Its Manager By: 5 Name: Edmond F. St. Geme Its: Manager A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California county of Riverside On before me, (insert name and title of the officer) Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PER URY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal Signature (seal) A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. state of California county of Orange On before me, (insert name and title of the officer) Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their si8nature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of california that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) 6 EXHIBIT A (Legal Description of Property) PARCEL 1, AS SHOWN ON PARCEL MAP NO.36597 RECORDED NOVEMBER 15,2018, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, IN BOOK 246, PAGES 6 THROUGH 8 OF PARCET MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. APN: 384-180-051 PARCEL 2, AS SHOWN ON PARCEL MAP NO.36597 RECORDED NOVEMBER 15,2018, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, IN BOOK 246, PAGES 6 THROUGH 8 OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. APN: 384-180-052 PARCEL A: BEING A PORTION OF PARCEL 2 OF PARCEL MAP 8158, IN THE CITY OF MENIFEE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 31 , PAGE 50 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AND A PORTION OF PARCEL 'A' OF NOTICE OF LOT LINE ADJUSTMENT NO. 05016, RECORDED JUNE 23, 2006, AS DOCUMENT NO.2006-0452652, OFFICIAL RECORDS OF SAID COUNTY, LYING WITHIN SECTION 22, TOWNSHIP 6 SOUTH, RANGE 3 WEST , S.B.M., SAID PORTIONS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL'A', SAID CORNER BEING A POINT ON THE CENTERLINE OF ZEIDERS ROAD (30 FEET IN HALF WIDTH), AS SAID ROAD IS SHOWN ON SAID NOTICE OF LOT LINE ADJUSTMENT NO. 05016 AND SAID PARCEL MAP; THENCE ALONG THE WESTERLY LINE OF SAID PARCEL "A'AND SAID CENTERLINE OF ZEIDERS ROAD, NORTH 00"22'06" EAST, A DISTANCE OF 660.06 FEET; THENCE SOUTH 89'37'54' EAST, A DISTANCE OF 853.00 FEET; THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL "A', NORTH 89'28'13'WEST, A DISTANCE OF 853.00 FEET TO THE POINT OF BEGINNING, CONTAINING 12.95 ACRES [/ORE OR LESS. RESERVING A RECIPROCAL EASEMENT FOR THE BENEFIT OF PARCEL "B'AND PARCEL,C'AS SHOWN HEREON. 7 Real property in the City of Menifee, County of Riverside, State of California, described as follows: THENCE SOUTH 00'22'06" WEST, A DISTANCE OF 662.47 FEET TO THE SOUTHERLY LINE OF SAID PARCEL "A'': PARCEL B BEING A PORTION OF PARCEL 1 AND PARCEL 2 OF PARCEL MAP 8158, IN THE CITY OF MENIFEE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 31, PAGE 50 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AND A PORTION OF PARCEL 'A" OF NOTICE OF LOT LINE ADJUSTMENT NO, 05016, RECORDED JUNE 23, 2006, AS DOCUMENT NO. 2006.0452652, OFFICIAL RECORDS OF SAID COUNTY, LYING WITHIN SECTION 22, TOWNSHIP 6 SOUTH, RANGE 3 WEST, S.B.M., SAID PORTIONS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID PARCEL'A", SAID CORNER BEING A POINT ON THE CENTERLINE OF ZEIDERS ROAD (30 FEET IN HALF WIDTH), AS SAID ROAD IS SHOWN ON SAID NOTICE OF LOT LINE ADJUSTMENT NO. 05016 AND SAID PARCEL MAP; THENCE ALONG THE WESTERLY LINE OF SAID PARCEL'A" AND SAID CENTERLINE OF ZEIDERS ROAD, NORTH 00'22'06" EAST, A DISTANCE OF 660.06 FEET TO THE POINT OF BEGINNING. THENCE SOUTH 89'37'54' EAST, A DISTANCE OF 853.00 FEET; THENCE SOUTH 89"37'54'EAST, A DISTANCE OF 49.51 FEET; THENCE SOUTH 89"37'54' EAST, A DISTANCE OF 284.25 FEET TO THE EASTERLY LINE OF SAID PARCEL ''A''; THENCE ALONG SAID EASTERLY LINE THE FOLLOWING THREE (3) COURSES 1) NORTH OO"24'.17" EAST, A DISTANCE OF 281.53 FEET; 2) NORTH 12'43',45" WEST, A DISTANCE OF 154.03 FEET; 3)NORTH 09"59'30'EAST, A DISTANCE OF 210.15 FEET TO THE NORTHERLY LINE OF SAID PARCEL 1; THENCE ALONG SAID NORTHERLY LINE, NORTH 89'26'00'WEST, A DISTANCE OF 1251 .68 FEET TO THE NORTHWEST CORNER OF SAID PARCEL 1, SAID CORNER BEING A POINT ON THE CENTERLINE OF ZEIDERS ROAD (30 FEET IN HALF WIDTH); THENCE ALONG THE WESTERLY LINE OF SAID PARCEL 1 AND SAID CENTERLINE, SOUTH 00"22'06' WEST, A DISTANCE OF 66,1.19 FEET TO THE POINT OF BEGINNING. 8 THENCE NORTH 74'41'01" EAST, A DISTANCE OF 67.00 FEET; CONTAINING 18.66 ACRES MORE OR LESS. RESERVING A RECIPROCAL EASEMENT FOR THE BENEFIT OF PARCEL "A" AND PARCEL "C'AS SHOWN HEREON. PARCEL C COMMENCING AT THE SOUTHWEST CORNER OF SAID PARCEL'A', SAID CORNER BEING A POINT ON THE CENTERLINE OF ZEIDERS ROAD (30 FEET IN HALF WIDTH), AS SAID ROAD IS SHOWN ON SAID NOTICE OF LOT LINE ADJUSTMENT NO. 05016 AND SAID PARCEL MAP; THENCE ALONG THE WESTERLY LINE OF SAID PARCEL "A" AND SAID CENTERLINE OF ZEIDERS ROAD, NORTH 00"22'06" EAST, A DISTANCE OF 660.06 FEET; THENGE SOUTH 89'37'54' EAST, A DISTANCE OF 853.00 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 89"37'54'EAST, A DISTANCE OF 49.51 FEET; THENCE NORTH 74"41'01" EAST, A DISTANCE OF 67.00 FEET; THENCE SOUTH 89"37'54' EAST, A DISTANCE OF 284.25 FEET TO THE EASTERLY LINE OF SAID PARCEL "A"; THENCE ALONG SAID EASTERLY LINE OF THE FOLLOWING TWO (2) COURSES 1) SOUTH OO'24',17" WEST, A DISTANCE OF 668.47 FEET; SOUTH 05"18'20' EAST, A DISTANCE OF 13.29 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL ''A'': 9 2) BEING A PORTION OF PARCEL 2 OF PARCEL MAP 8158, IN THE CITY OF MENIFEE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 31, PAGE 50 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AND A PORTION OF PARCEL "A" OF NOTICE OF LOT LINE ADJUSTMENT NO. O5O16, RECORDED JUNE 23,2006, AS DOCUMENT NO. 2006-0452652, OFFICIAL RECORDS OF SAID COUNTY, LYING WITHIN SECTION 22, TOWNSHIP 6 SOUTH, RANGE 3 WEST, S.B.M., SAID PORTIONS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL "A', NORTH 89'28'13" WEST, A DISTANCE OF 399.15 FEET; THENCE NORTH 00'22'06" EAST, A DISTANCE OF 662.47 FEET TO THE POINT OF BEGINNING. CONTAINING 6.19 ACRES MORE OR LESS. RESERVING A RECIPROCAL EASEMENT FOR THE BENEFIT OF PARCEL "A" AND PARCEL.B'AS SHOWN HEREON. 10 384-150-01 384-150-01 EXHIBIT B (Depiction of Property) I U r. .r ! L l ll a j I I I I : ! i i rtr lr 'e. ooitb Concepluol 3116 Plon LegendII L I GilE a ffi Scrtt Eoac Gonmerce Cenler Itleniiee. Counly of Rlversrde, CA Scheme I2 FuPrrERl 1'l ll;t ll ,,]] i i t l ,) lrl J lrr -L o BLDG, '220.006 s.F. EXHIBIT C (First Amendment) 12 STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF MENIFEE ) )ss ) l, Stephanie Roseen, City Clerk of the City of Menifee, do hereby certify that the foregoing Ordinance No. 2022-355 was duly adopted by the City Council of the City of Menifee at a meeting thereof held on the 5th day of October,2022 by the following vote: Ayes: Liesemeyer, Karuvin, Sobek, Zimmerman,Noes: NoneAbsent: DeinesAbstain: None ie Roseen, Acting City Clerk MENIFEE ts#