RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City Clerk
City of Fullerton
303 West Commonwealth Avenue
Fullerton, California 92632
(Space Above Line For Recorder’s Use)
This document is recorded at the request and
for the benefit of the City of Fullerton and is
exempt from the payment of a recording fee
pursuant to Government Code §§ 6103 and
27383.
CITY OF FULLERTON
By:
SUBDIVISION IMPLEMENTATION AGREEMENT (WEST COYOTE HILLS) by and between
PACIFIC COAST HOMES,
a California corporation,
as PROPERTY OWNER
and
CITY OF FULLERTON,
a California municipal corporation,
as CITY
DATED AS OF October 27, 2023
Vesting Tentative Tract Map No. 17609
SUBDIVISION IMPLEMENTATION AGREEMENT (WEST COYOTE HILLS) This Subdivision Implementation Agreement (West Coyote Hills) (“Subdivision Implementation Agreement” or “Agreement”), is made as of the 27th day of October, 2023 (the “ Agreement Date”), by and between the City of Fullerton , a California municipal corporation (“City”), and Pacific Coast Homes, a California corporation (“Property Owner”) (each, a “Party,” and collectively, the “Parties”), on the following terms and conditions.
RECITALS:
A. WHEREAS, the City approved Vesting Tentative Tract Map No. 17609 (“VTTM 17609”), by Resolution No. 2015-62 on November 17, 2015, for th e West Coyote Hills Project Site (“Project Site”) located at 2701 Rosecrans Avenue, Fullerton, California, subject to conditions of approval as later modified by the City; B. WHEREAS, VTTM 17609 provided for certain acquisition opportunities for the City to purchase portions of the Project Site as open space and related uses and to eliminate residential development thereon;
C. WHEREAS, the City acquired the portions of the Project Site designated as Neighborhood 1 and Neighborhood 3, with certain boundary adjustments, and residential development was eliminated in previously-designated Neighborhood 2; and residential development has thereby been eliminated on the Project Site east of Gilbert Street (the “Eastern Property”); and
D. WHEREAS, VTTM 17609 allows for the filing of four phased final maps and PCH’s first final map covers the Eastern Property, where no residential development is proposed;
NOW, THEREFORE, in consideration of the foregoing , the City’s approval and acceptance of each phased final map to be fi led under VTTM 17609, and the mutual covenants contained herein, the Parties agree as follows:
1. Conditions of Approval Satisfied . This Agreement satisfies the VTTM 17609 condition of approval requiring that “[t]he Subdivision Implementation Agreement must be executed and delivered prior to the earlier of (i) approval of the first final map or (ii) the commencement of any grubbing and clearing, grading, or excavation or issuance of any grading, foundation, or building permits, whichever occurs first, for any development on the subject property. ” This Agreement is limited in its current form because no development is proposed under the first final map for the Project Site, which covers the Eastern Property.
2. Future Amendments . The Parties intended the Subdivis ion Implementation Agreement to be entered into prior to approval of the first final map that proposed development, including construction or installation of any of the public improvements for the WCH Project. PCH or its successor (“Property Owner”) will file later phased final 2 maps for the development project under VTTM 17609, which details are not known at this time. The Parties agree that this Agreement will be amended to provide additional terms contemplated by the Conditions of Approval of VTTM 17609 (“Conditions of Approval”) prior to approval of the next final map to be filed under VTTM 17609. Pursuant to Condition of Approval M.1 and Government Code Sections 66452.6(a)(1) and (2), the filing of the final map extends the expiration of the VTTM (by 48 months under current law) from the date of its expiration, or the date of the previously filed final map, whichever is later. Said next final map shall be filed prior to expiration of the VTTM.
3. Successors and Assigns. Any sale, transfer, or assignment of Property Owner’s fee title to the Project Site, in whole or in part, shall comply with Condition of Approval No. 30, and shall include the assignment and assumption of Property Owner’s rights, duties, and obligations set forth in or arising under this Subdivision Implementation Agreement (“Transferred Rights and Obligations”) and the Conditions of Approval as to the Project Site or the portion thereof so transferred in accordance with the Conditions of Approval.
Property Owner’s successors or assigns shall be bound by the Transferred Rights and Obligations, as to any subsequent sale, transfer, or assignment of the successor owner’s fee title.
4. No Improvements/Water Delivery . PCH does not propose any improvements under the first final map for the Eastern Property. The Parties acknowledge that construction of the multi -use trail contemplated through Neighborhood 3 and adjoining area, including water connections to serve resident ial development on the portion of the Project Site west of Gilbert Street, is not proposed at this time. Accordingly, the Parties agree and clarify that Condition of Approval No. 19 requiring that “[u]pon recordation of the first final map under VTTM 1760 9, Property Owner shall promptly deliver to City a written agreement” to assign its rights and obligations in the Water Delivery Agreement to the City means “upon recordation of the first final map under VTTM 17609 that proposes residential or commercial d evelopment …” Because the first final map for the Eastern Property does not propose any development, assignment of the Water Delivery Agreement has not been triggered and is not triggered by the recordation of the first final map.
5. Public Benefits. The public benefit improvements listed in Condition of Approval M will be implemented in conjunction with development of future Project phases, none of which are proposed as part of the first final map . Said public benefit improvements include, but are not limited to the following: (a) habitat preservation and improvement (no impacts proposed as part of the first final map on the Eastern Property); (b) open space dedication (open space dedication areas are not proposed as part of the first final map on the Eastern Property as the open space district is not formed at this time ); (c) neighborhood trails and key vistas ( other than the Initial Trails, already constructed, no additional trails, key vistas, or other improvements are proposed at this time on the Eastern Property); (d) the Interpretive Center; and (e) library technology grant installment (not applicable as no residential units are proposed at this time). Future amendments to this Agreement will carry forward the timing and phasing of public benefit s, support endowments, and other obligations under the Conditions of Approval, as modified, that are triggered by development or grading activities or approvals. For avoidance of doubt, 3 nothing herein is intended to eliminate or reduce any public benefits required to be provided under the Conditions of Approval.
6. Cooperation. Consistent with Condition of Approval No. 28, each of the Parties shall cooperate with and provide reasonable assistance to the other Party to the extent necessary to implement the Agreement.
7. Attorney’s Fees. Consistent with Condition of Approval No. 27, the prevailing party in an action to enforce this Agreement shall be entitled to recover reasonable attorney’s fees, expert fees and costs, and court costs.
8. Indemnification. Consiste nt with Condition of Approval No. 22, PCH shall indemnify, defend, and hold harmless the City, and City officials, officers, employees, and agents, including without limitation City consultants, attorneys, contractors, and subcontractors (collectively, the “City's Affiliated Parties ”), from and against any third - party claim, action, or proceeding of any kind , against the City or the City ’s Affiliated Parties, seeking to attack, set aside, void, or annul this Agreement or any action taken pursuant to this Agreement.
9. Specific Performance Remedy . Specific performance of this Agreement is necessary to compensate either Party if the other Party fails to carry out i ts obligations under this Agreement.
10. Default. In the event of any material default, cross-default, breach, or violation of the terms of this Agreement (“Default”), the party alleging a Default shall have the right to deliver a written Notice of Default to the defaulting Party. The Notice of Default shall specify the nature of the alleged Default and a reasonable manner and sufficient period of time (ten (10) days if the Default relates to the failure to timely make a monetary payment due thereunder and not less than thirty (30) days in the event of non-monetary Defaults) in which the Default must be cured (the “Cure Period”). During the Cure Period, the Party charged shall not be considered in Default for th e purposes of termination of this Agreement or ins titution of legal proceedings. If the alleged Default is cured within the Cure Period, then the Default thereafter shall be deemed not to exist. If a non - monetary Default cannot be cured during the Cure Period, the defaulting party must commence to cure wi thin thirty (30) days after it receives the Notice of Default and thereafter diligently pursue said cure to completion.
11. Entire Agreement. Except as expressly set forth herein below, this Agreement sets forth and contains the entire understanding and agreement of the Parties with respect to the subject matter addressed herein, and there are no oral or written representations, understandings, ancillary covenants, undertakings, or agreements relating to the subject matter addressed in this Agreement whic h are not contained or expressly referred to herein.
12. Severability. If any term, provision, covenant, or condition set forth in this Agreement shall be determined by a final non -appealable judgment of a court of competent jurisdiction to be 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 4 and so long as neither Party is thereby deprived of the material benefits of this Agreement to such Party.
13. Interpretation and Governing Law . This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California, without regard to conflict of laws principles. 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, both Parties having been represented by counsel in the negotiation and preparation hereof.
14. Counterparts. This Agreement may be executed by the Parties in coun terparts, which counterparts shall be construed together and have the same effect as if both Parties had executed the same instrument.
15. Authority to Execute. The person or persons executing this Agreement on behalf of each Party warrant and represent that they have the authority to execute this Agreement on behalf of the respective Party.
16. Notices. All notices required or provided for under this Agreement shall be in writing and shall be delivered in one or more of the following manners: (i) in person; (ii) by certified mail, postage prepaid; or (iii) by reputable overnight delivery service (such as Federal Express) that provides a receipt verifying the fact and time of delivery, and with a copy of said notice also delivered by first class United States mai l, postage prepaid.
Notices required to be given to City shall be addressed as follows:
To City: City of Fullerton
303 West Commonwealth Avenue
Fullerton, California 92632
Attention: Director of Community Development
with copy to: Peter Howell, Esq.
Rutan & Tucker, LLP
18575 Jamboree Road, 9th Floor
Irvine, CA 92612
Notices required to be given to Property Owner shall be addressed as follows:
To Property Owner: Pacific Coast Homes
6001 Bollinger Canyon Road, V1336C
San Ramon, California 94583
Attention: Ivan Jimenez
with copy to: Chevron Corporation
Law Department
6001 Bollinger Canyon Road
San Ramon, CA 94583
5 A Party may change its address for the delivery of notices by giving notice in writing to the other Party and thereafter notices shall be addressed and transmitted to the new address.
EXECUTED this 27th day of October 2023.
PROPERTY OWNER
PACIFIC COAST HOMES, a California
corporation,
By:
Its:
EXECUTED this ______ day of ____________ 2023.
CITY OF FULLERTON
By:
Its:
CITY OF FULLERTON
APPROVED AS TO FORM: ATTEST:
_________________________ ____________________________
City Attorney Date City Clerk Date
Real Property Officer
EXHIBIT “A”
Legal Description of the Project Site
PARCEL A: (APN: 287-081-25, 26, 48, 51, 52, 53 & 54)
THOSE PORTIONS OF SECTIONS 16 AND 17 TOWNSHIP 3 SOUTH, RANGE 10
WEST, IN THE
RANCHOS LA HABRA LOS COYOTES AND SAN JUAN CAJON DE SANTA ANA, IN
THE CITY OF FULLERTON, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SAID SECTIONS ARE SHOWN ON MAP OF TRACT NO. 64, RECORDED IN BOOK 10, PAGE 14 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDED OF SAID COUNTY, TOGETHER WITH PORTIONS OF PARCEL 2 AS SHOWN ON A MAP FILED IN BOOK 107, PAGES 20 THROUGH 27, INCLUSIVE, OF PARCEL MAPS IN SAID OFFICE OF THE COUNTY RECORDER, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWESTERLY CORNER OF PARCEL 1 OF PARCEL MAP NO. 90-151 AS SHOWN ON THE MAP FILED IN BOOK 263, PAGES 44 THROUGH 48,
INCLUSIVE OF SAID PARCEL MAPS, SAID CORNER BEING THE INTERSECTION OF THE CENTERLINE OF IDAHO STREET, 80.00 FEET WIDE, WITH THE NORTHERLY
LINE OF THE CITY OF FULLERTON PER THE ORIGINAL INCORPORATION AS SHOWN ON SAID MAP; THENCE, ALONG SAID NORTHERLY LINE, SOUTH 89° 07' 04" EAST, 2375.03 FEET TO THE WEST ERLY LINE OF THE LAND DESCRIBED IN THE QUITCLAIM DEED TO THE CITY OF FULLERTON RECORDED MAY 10, 1960 IN BOOK 5236, PAGE 404 OF OFFICIAL RECORDS IN SAID OFFICE OF THE COUNTY RECORDER; THENCE ALONG SAID DEED THE FOLLOWING COURSES:
1. SOUTH 24° 58' 19" EAST, 564.56 FEET;
2. SOUTH 88° 58' 19" EAST, 875.00 FEET; AND
3. NORTH 40° 05' 45" EAST, 348.70 FEET
TO A POINT ON THE SOUTHWESTERLY LINE OF EUCLID STREET, 90.00 FEET WIDE, AS SHOWN ON THE MAP OF TRACT NO. 4283 FILED IN BOOK 178, PAG ES 29 THROUGH 31, INCLUSIVE, OF SAID MISCELLANEOUS MAPS, SAID
SOUTHWESTERLY LINE BEING A CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 1240.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 31° 54' 23" WEST; THENCE ALONG SAID SOUTHWESTERLY LINE, T HE FOLLOWING COURSES:
1. SOUTHEASTERLY 435.59 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 20° 07' 37";
2. TANGENT TO SAID CURVE SOUTH 78° 13' 14" EAST, 118.44 FEET TO THE
BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 1160.00 FEET; AND
3. SOUTHEASTERLY 625.56 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 30° 53' 54"
TO THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 16; THENCE, ALONG SAID WEST LINE, SOUTH 00° 50' 48" WEST, 559.95 FEET TO A LINE PARALLEL WITH AND DISTANT 66.00 FEET NORTHERLY FROM THE SOUTH LINE OF SAID SOUTHWEST QUARTER OF SECTION 16; THENCE ALONG SAID PARALLEL LINE, SOUTH 89° 08' 06" EAST, 345.74 FEET TO A POINT ON SAID CURVE HAVING A RADIUS OF 1160.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 75° 38' 22" EAST; THENCE SOUTHERLY 318.18 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 15° 42' 57" TO THE WESTERLY LINE OF PARCEL 2 OF THE LAND DESCRIBED IN THE DOCUMENT RECORDED IN BOOK 3917, PAGE 507 OF SAID OFFICIAL RECORDS; THENCE ALONG SAID WESTERLY LINE SOUTH 07° 14' 59" WEST, 238.25 FEET TO A POINT IN SAID CURVE HAVING A RADIUS OF 1160.00 FEET. A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 76° 51' 21" EAST; THENCE SOUTHERLY 268.41 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 13° 15' 27" T O THE SOUTHERLY LINE OF SAID PARCEL 2 OF THE MAP FILED IN BOOK 107, PAGES 20 THROUGH 27, INCLUSIVE OF PARCEL MAPS; THENCE ALONG SAID SOUTHERLY LINE, THE FOLLOWING COURSES:
1. RADIAL TO SAID CURVE NORTH 63° 35' 54" WEST, 321.02 FEET;
2. SOUTH 02° 26' 28" WEST, 22.87 FEET;
3. NORTH 83° 11' 38" WEST, 287.99 FEET; AND
4. NORTH 88° 46' 38" WEST, 131.83 FEET
TO THE EASTERLY BOUNDARY LINE OF PARCEL MAP NO. 80-453 AS SHOWN ON THE MAP FILED IN BOOK 183, PAGES 35 AND 36 OF SAID PARCEL MAPS; THENCE
ALONG THE EASTERLY, NORTHERLY AND WESTERLY BOUNDARY LINES OF SAID PARCEL MAP NO. 80-453, THE FOLLOWING COURSES:
1. NORTH 01° 13' 12" EAST, 18.00 FEET;
2. NORTH 82° 08' 08" WEST, 100.00 FEET;
3. NORTH 25° 07' 52" WEST, 50.00 FEET;
4. NORTH 15° 10' 19" EAST, 30.00 FEET;
5. NORTH 15° 30' 35" EAST, 113.16 FEET;
6. NORTH 31° 58' 42" EAST, 99.46 FEET;
7. NORTH 21° 17' 11" EAST, 133.17 FEET;
8. NORTH 20° 46' 29" EAST, 92.06 FEET;
9. NORTH 09° 20' 04" WEST, 75.12 FEET;
10. NORTH 23° 44' 23" WEST, 113.57 FEET;
11. NORTH 28° 02' 27" WEST, 98.53 FEET;
12. NORTH 32° 58' 46" WEST, 224.50 FEET;
13. NORTH 48° 45' 44" WEST, 58.59 FEET;
14. NORTH 61° 23' 35" WEST, 235.29 FEET;
15. NORTH 71° 58' 01" WEST, 111.68 FEET;
16. NORTH 86° 10' 28" WEST, 183.01 FEET;
17. NORTH 73° 33' 34" WEST, 87.71 FEET;
18. NORTH 66° 36' 43" WEST, 291.51 FEET;
19. NORTH 77° 21' 03" WEST, 84.01 FEET;
20. SOUTH 89° 56' 24" WEST, 94.15 FEET;
21. SOUTH 61° 15' 21" WEST, 145.78 FEET;
22. SOUTH 68° 06' 32" WEST, 88.02 FEET;
23. SOUTH 11° 38' 14"WEST, 268.58 FEET;
24. SOUTH 41° 05' 58" EAST, 50.24 FEET;
25. SOUTH 25° 31' 48" EAST, 41.64 FEET;
26. SOUTH 28° 23' 53" EAST, 61.00 FEET;
27. SOUTH 32° 57' 08" EAST, 104.43 FEET;
28. SOUTH 81° 11' 52" EAST, 46.38 FEET;
29. SOUTH 06° 49' 50" EAST, 25.77 FEET;
30. SOUTH 53° 21' 54" EAST, 45.53 FEET;
31. SOUTH 48° 22' 05" EAST, 46.40 FEET;
32. SOUTH 36° 32' 32" EAST, 54.12 FEET;
33. SOUTH 23° 39' 04" EAST, 99.23 FEET;
34. SOUTH 53° 43' 47" EAST, 25.40 FEET;
35. SOUTH 18° 30' 34" WEST, 100.39 FEET;
36. SOUTH 48° 37' 32" WEST, 70.59 FEET;
37. SOUTH 70° 38' 45" WEST, 68.93 FEET;
38. SOUTH 88° 16' 23" WEST, 47.48 FEET;
39. NORTH 58° 57' 49" WEST, 38.01 FEET;
40. NORTH 53° 32' 52" WEST, 59.70 FEET;
41. NORTH 80° 32' 03" WEST, 55.90 FEET;
42. SOUTH 78° 43' 52" WEST, 44.78 FEET;
43. SOUTH 48° 52' 46" WEST, 70.37 FEET;
44. SOUTH 57° 46' 24" WEST, 54.53 FEET;
45. SOUTH 72° 17' 27" WEST, 49.39 FEET;
46. SOUTH 63° 30' 24" WEST, 132.02 FEET;
47. SOUTH 68° 18' 05" WEST, 40.81 FEET;
48. SOUTH 18° 09' 54" WEST, 59.69 FEET;
49. SOUTH 14° 24' 08" EAST, 130.05 FEET; AND
50. SOUTH 06° 04' 06" WEST, 59.04 FEET
TO SAID SOUTHERLY LINE OF LAST SAID PARCEL 2; THENCE, ALONG SAID SOUTHERLY LINE THE FOLLOWING COURSES:
1. SOUTH 79° 56' 41" WEST, 31.75 FEET;
2. NORTH 85° 03' 22" WEST, 399.12 FEET;
3. SOUTH 32° 08' 49" WEST, 196.80 FEET;
4. SOUTH 53° 26' 04" WEST, 82.02 FEET;
5. SOUTH 51° 18' 28" WEST, 85.90 FEET;
6. SOUTH 34° 42' 08" WEST, 77.03 FEET;
7. SOUTH 49° 23' 33" WEST, 79.96 FEET;
8. SOUTH 64° 02' 31" WEST, 199.25 FEET TO A POINT ON A NON-TANGENT CURVE, CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 720.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 65° 03' 34" WEST;
9. SOUTHWESTERLY 61.05 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 6° 26' 59";
10. NON-TANGENT TO SAID CURVE, NORTH 73° 53' 49" WEST, 421.46 FEET TO
THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTH EASTERLY AND HAVING A RADIUS OF 370.00 FEET;
11. NORTHWESTERLY 191.77 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 29° 41' 46";
12. TANGENT TO SAID CURVE NORTH 44° 12' 01" WEST, 394.83 FEET TO THE
BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 330.00 FEET;
13. NORTHWESTERLY 244.86 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 42° 30' 48"; AND
14. TANGENT TO SAID CURVE, NORTH 86° 42' 49" WEST, 142.27 FEET
TO THE CENTERLINE OF NORTH GILBERT STREET AS SHOWN ON THE MAP FILED IN BOOK 111, PAGE 37 OF RECORDS OF SURVEY IN SAID OFFICE OF THE COUNTY RECORDER; THENCE ALONG SAID CENTERLINE OF NORTH GILBERT STREET, THE FOLLOWING COURSES:
1. NORTH 06° 39' 15" EAST, 202.62 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE WESTERLY AND HAVING A RADIUS OF 2200.00 FEET;
2. NORTHERLY 334.10 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 8° 42' 04";
3. TANGENT TO SAID CURVE, NORTH 02° 02' 48" WEST, 486.17 FEET TO THE
BEGINNING OF A TANGENT CURVE, CONCAVE WESTERLY AND HAVING A RADIUS OF 1200.00 FEET;
4. NORTHERLY 510.41 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 29° 08' 41; AND
5. TANGENT TO SAID CURVE NORTH 31° 11' 29" WEST, 257.99 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION OF PARCEL 1 CONVEYED TO THE CITY
OF FULLERTON AS DESCRIBED ON THE GRANT DEED RECORDED DECEMBER 30, 2021 AS INSTRUMENT NO. 2021000777320 OF OFFICIAL RECORDS.
ALSO EXC EPTING THEREFROM PARCEL 2 CONVEYED TO THE CITY OF FULLERTON AS DESCRIBED ON THE GRANT DEED RECORDED DECEMBER 30, 2021 AS INSTRUMENT NO. 2021000777327 OF OFFICIAL RECORDS.
PARCEL B: (APN: 287-081-24)
THAT PORTION OF SECTION 16, TOWNSHIP 3 SOUTH, RANGE 10 W EST PARTLY
IN THE RANCHO LOS COYOTES AND PARTLY IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 7 OF
MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT ON THE WEST LINE OF SAID S OUTHWEST QUARTER OF SECTION 16, DISTANT THEREON SOUTH 0° 51' 58" WEST 587.05 FEET FROM
THE NORTHWEST CORNER OF THE SOUTH HALF OF SAID SOUTHWEST QUARTER OF SECTION 16, SAID POINT BEING ON A CURVE, CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 1240.00 FEET, A RADIAL THROUGH SAID POINT BEARING NORTH 39° 29' 17" EAST; THENCE CONTINUING SOUTH 0° 51' 58" WEST ALONG THE WEST LINE OF SAID SOUTHWEST QUARTER 104.73
FEET, MORE OR LESS TO ITS INTERSECTION WITH A CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 1160 FE ET. SAID CURVE BEING CONCENTRIC WITH THE AFOREMENTIONED CURVE HAVING A RADIUS OF 1240
FEET, SAID POINT OF INTERSECTION BEING THE TRUE POINT OF BEGINNING OF
THE BOUNDARY OF THE LAND DESCRIBED HEREIN, A RADIAL LINE AT SAID POINT BEARING SOUTH 42° 43' 02" WES T; THENCE SOUTHEASTERLY ALONG SAID CURVE OF 1160 FOOT RADIUS, THROUGH A CENTRAL ANGLE OF 32° 27' 32", AN ARC DISTANCE OF 657.16 FEET TO ITS INTERSECTION WITH A LINE WHICH IS
PARALLEL WITH AND DISTANT
65.00 FEET NORTHERLY FROM THE SOUTH LINE OF SAID SOUTHWEST QUARTER OF SECTION 16; THENCE WESTERLY ALONG SAID PARALLEL LINE 345.92 FEET, MORE OR LESS, TO THE WEST LINE OF SAID SOUTHWEST QUARTER; THENCE NORTH 0° 51' 58" EAST ALONG SAID WEST LINE 560.10 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION OF PARCEL 1 CONVEYED TO THE CITY
OF FULLERTON AS DESCRIBED ON THE GRANT DEED RECORDED DECEMBER 30, 2021 AS INSTRUMENT NO. 2021000777320 OF OFFICIAL RECORDS.
PARCEL C: (APN: PORTIONS OF 287-081-27 & 288-091-14)
THOSE PORTIONS OF SECTIONS 17 AND 18, TOWNSHIP 3 SOUTH, RANGE 10
WEST, IN THE RANCHO LOS COYOTES, IN THE CITY OF FULLERTON, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS SAID SECTIONS ARE SHOWN ON A MAP OF TRACT NO. 64, RECORDED IN BOOK 10, PAGE 14 OF MISCELLANEOUS MAPS IN
THE OFFICE OF THE COUNTY RECORDED OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWESTERLY CORNER OF THE LAND DESCRIBED IN THAT CERTAIN RESOLUTION NO. 3908 OF THE CITY OF LA HABRA, ADOPTED OCTOBER 03, 1986, A CERTIFIED COPY OF WHICH WAS RECORDED O CTOBER 30, 1983, AS INSTRUMENT NO. 89-581496 OF OFFICIAL RECORDS IN SAID OFFICE
OF THE COUNTY RECORDER, SAID CORNER ALSO BEING ON THE WESTERLY LINE OF SAID SECTION 18; THENCE ALONG SAID WESTERLY LINE, SOUTH 01° 09' 51" WEST, 610.00 FEET TO A LINE PARALLEL WITH THAT CERTAIN COURSE IN
THE SOUTHERLY LINE OF THE LAND DESCRIBED IN SAID RESOLUTION AS HAVING A BEARING OF SOUTH 89° 41' 45" WEST AND A LENGTH OF 5293.69 FEET; THENCE ALONG SAID PARALLEL LINE, SOUTH 89° 11' 58" EAST, 6083.25 FEET TO
A POINT ON THE CENTERLINE OF NORTH GILBERT STREET AS SHOWN ON THE MAP FILED IN BOOK 111, PAGE 37 OF RECORDS OF SURVEY IN SAID OFFICE OF
THE COUNTY RECORDER, SAID CENTERLINE BEING A CURVE, CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 1200.00 FEET, A RADIAL LINE THROUGH SAID P OINT BEARS NORTH 79° 00' 52" EAST; THENCE NORTHWESTERLY 422.67 FEET ALONG SAID CURVE AND CENTERLINE THROUGH A CENTRAL ANGLE OF 20° 10' 51"; THENCE, CONTINUING ALONG SAID CENTERLINE AND TANGENT TO SAID CURVE NORTH 31° 09' 59" WEST, 257.99
FEET TO A POINT ON THE SOUTHERLY LINE OF THE LAND DESCRIBED IN SAID RESOLUTION NO. 3908, SAID POINT ALSO BEING THE SOUTHEASTERLY CORNER
OF PARCEL 2 OF PARCEL MAP NO. 90 -151 AS SHOWN ON THE MAP FILED IN BOOK 263, PAGES 44 THROUGH 48, INCLUSIVE, OF PARCEL MAPS IN SAID OFFICE OF THE COUNTY RECORDER; THENCE, ALONG SAID SOUTHERLY LINE AND THE SOUTHERLY LINE OF SAID PARCEL 2, NORTH 89° 05' 34" WEST, 492.53 FEET TO AN ANGLE POINT THEREIN; THENCE, CONTINUING ALONG SAID SOUTHERLY LINES, NORTH 89° 11' 58" WEST, 5293.59 FEET TO THE POI NT OF BEGINNING.
PARCEL D: (APN: 287-081-28, PORTION OF 27, 288-091-12, 13 & PORTION OF 14) THOSE PORTIONS OF SECTION 17 AND 18, TOWNSHIP 3 SOUTH, RANGE 10
WEST, IN THE RANCHO LOS COYOTES, IN THE CITY OF FULLERTON, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS SAID SECTIONS ARE SHOWN ON A MAP OF TRACT NO. 64, RECORDED IN BOOK 10, PAGE 14 OF MISCELLANEOUS MAPS IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, TOGETHER WITH A PORTION OF PARCEL 2 AS SHOWN ON A MAP FILED IN BOOK 107, PAGES 20 THROUGH 27, INCLUS IVE OF PARCEL MAPS IN SAID OFFICE OF THE COUNTY
RECORDER, LYING SOUTHERLY AND WESTERLY OF THE FOLLOWING DESCRIBED LINE:
BEGINNING AT A POINT ON THE WESTERLY LINE OF SAID SECTION 18, DISTANT THEREON SOUTH 01° 09' 51" WEST, 610.00 FEET FROM THE SOUTHWESTERL Y CORNER OF THE LAND DESCRIBED IN THAT CERTAIN RESOLUTION NO. 3908 OF THE CITY OF LA HABRA, ADOPTED OCTOBER 03, 1989, A CERTIFIED COPY OF WHICH WAS RECORDED OCTOBER 30, 1989, AS INSTRUMENT NO. 89 -581496 OF OFFICIAL RECORDS IN SAID OFFICE OF THE COUNTY RECO RDER; THENCE,
PARALLEL WITH THAT CERTAIN COURSE IN THE SOUTHERLY LINE OF THE LAND DESCRIBED IN SAID RESOLUTION AS HAVING A BEARING OF SOUTH 89° 41' 45" WEST AND A DISTANCE OF 5293.69 FEET, SOUTH 89° 11' 58" EAST, 6083.25 FEET
TO A POINT ON THE CENTERLINE O F NORTH GILBERT STREET AS SHOWN ON THE MAP FILED IN BOOK 111, PAGE 37 OF RECORDS OF SURVEY IN SAID OFFICE
OF THE COUNTY RECORDER, SAID CENTERLINE BEING A CURVE, CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 1200.00 FEET, A RADIAL LINE THROUGH SAID POINT BEA RS NORTH 79° 00' 52" EAST; THENCE ALONG SAID CENTERLINE THE FOLLOWING COURSES:
1. SOUTHERLY 187.74 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 08° 57' 50";
2. TANGENT TO SAID CURVE SOUTH 02° 01'18" EAST, 466.17 FEET TO THE
BEGINNING OF A TANGENT CURVE, CONCAVE WESTERLY AND HAVING A RADIUS OF 2200.00 FEET;
3. SOUTHERLY 334.10 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 08° 42' 04";
4. TANGENT TO SAID CURVE, SOUTH 06° 40' 46" WEST, 202.57 FEET TO THE SOUTHERLY LINE OF SAID PARCEL 2.
EXCEPTING THER EFROM THAT PORTION CONVEYED TO THE CITY OF FULLERTON AS DESCRIBED IN A DEED RECORDED MAY 19, 2003 AS INSTRUMENT NO. 2003000571611 OF OFFICIAL RECORDS.
ALSO EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE CITY OF FULLERTON AS DESCRIBED IN A DEED RECORDED MAY 19, 2003 AS INSTRUMENT NO. 2003000571612 OF OFFICIAL RECORDS.
ALSO EXCEPTING THEREFROM ANY PORTION LYING WITHIN PARCEL MAP NO. 2002-109 CONVEYED TO SUBURBAN WATER SYSTEM, A CALIFORNIA CORPORATION AND DESCRIBED AS PARCEL "A" IN A DEED RECORDED MARCH 19, 2010 AS INSTRUMENT NO. 2010000131635 OF OFFICIAL RECORDS.
CONTAINS: 483.17 ACRES MORE OR LESS