CITY OF LAGUNA NIGUEL
CITY COUNCIL AGENDA ITEM
To: Honorable Mayor and Council Members
FROM: Nicholas R. Ghirelli, Special Counsel
Jonathan Orduna, Community Development Director
DATE: May 16, 2023
SUBJECT: Acceptance and Approval of Easement from TPG 2020-1 (LN Crown Valley) Owner, LLC for Park and Trail Purposes for the Blu Apartments and Authorizing its Execution and Recordation
RECOMMENDATION
Staff recommends that the City Council adopt Resolution No. 2023-1432, as follows:
1) Accept the easement and approve the Easement Agreement for park and trail purposes with TPG 2020-1 (LN Crown Valley) Owner, LLC;
2) Approve the recordation of the Easement Agreement;
3) Direct the City Clerk to cause a certified copy of the Resolution and Easement Agreement to be recorded in the Official Records of the Orange County Clerk- Recorder; and
4) Authorize the City Manager to execute the Easement Agreement and any other documents necessary for the acceptance of the easement and the recordation of the Resolution.
BACKGROUND
In June 2014, the Laguna Niguel Planning Commission adopted Resolution No. 14-07 approving the request by a project developer, The Picerne Group (TPG), to construct a 425 apartment unit development within the Gateway Specific Plan area, generally located west of the Crown Valley Parkway and Cabot Road intersection. The project, referred to as "Blu Apartments" ", consists of two separate apartment buildings, one constructed in 2019 and the other which is nearing completion. Included as a part of the project, TPG proposed to develop a 0.35-acre park on their property as envisioned in the Gateway Specific Plan. The park was to be owned and maintained by TPG, with underlying easement for use of the park by their residents and the general public. A trail along the perimeter edge of development parallel with the Oso Creek flood control channel was to
serve as public access to the park from Crown Valley Parkway. The publicly accessible park and trail were proposed by TPG as key project elements in TPG meeting their public benefit requirement to allow both a density bonus and other development standard concessions. Project conditions of approval were included in Resolution No. 14-07 requiring the construction of the park and trail and easement dedications to the City.
Construction of the park and trail has been completed per the approved plans and TPG is now proposing to satisfy the easement condition of approval.
ANALYSIS
TPG 2020-1 (LN Crown Valley) Owner, LLC, the current owner of the project site which is affiliated with TPG, has executed the Easement Agreement (Exhibit 1 to Resolution No. 2023-1432 included as Attachment A) to convey a public trail and park easement to the City per the project conditions of approval. The Easement Agreement has been executed by TPG 2020-1 (LN Crown Valley) Owner, LLC, and the easement over the constructed park and trail is before the City Council for acceptance. Satisfaction of the easement condition is the last remaining substantive condition of approval for the apartment project.
Upon easement recordation, City staff can proceed with building permit finals and the issuance of certificates of occupancy.
ALTERNATIVES CONSIDERED
The City Council may decide not to accept the grant of easement; however, this is not recommended as this could result in additional negotiations over the easement terms and greater uncertainty over the project's future and certificates of occupancy.
FISCAL REVIEW
Acceptance of the easement has no additional fiscal impact to the City.
LEGAL REVIEW
The Special Counsel's office assisted in preparation of this report, and recommends that the City Council consider and approve the adoption of Resolution No. 2023-1432.
CONCLUSION
Staff recommends that the City Council approve Resolution No. 2023-1432, as follows:
1) Accept the easement and approve the Easement Agreement for park and trail purposes with TPG 2020-1 (LN Crown Valley) Owner, LLC by adoption of the attached Resolution;
2) Approve the recordation of the Easement Agreement;
3) Direct the City Clerk to cause a certified copy of the Resolution and Easement Agreement to be recorded in the Official Records of the Orange County Clerk- Recorder; and
4) Authorize the City Manager to execute the Easement Agreement and any other documents necessary for the acceptance of the easement and the recordation of the Resolution.
Tamara S. Letourneau Jonathan Orduna
City Manager Community Development Director
Nicholas R. Ghirelli John Morgan
Special Counsel Development Services Manager
Attachments):
A. Resolution No. 2023-1432 (Accepting and Approving an Easement for Park and Trail Purposes for the Blu Apartments and Authorizing its Recordation) Exhibits)
Blu Apartments - Park and Trail Easement Agreement
ATTACHMENT A
Resolution No. 2023-1432 Accepting And Approving Easement RESOLUTION NO. 2023-1432
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF LAGUNA NIGUEL, CALIFORNIA,
ACCEPTING AND APPROVING AN EASEMENT FOR PARK AND TRAIL
PURPOSES FOR THE BLU APARTMENTS
AND AUTHORIZING ITS RECORDATION
WHEREAS, on April 27, 2023, TPG 2020-1 (LN Crown Valley) Owner, LLC ("Grantor"), a Delaware Limited Liablity Company, executed the Easement Agreement for trail and park purposes attached to this Resolution as Exhibit 1 ("Easement Agreement"); and
WHEREAS, the easement burdens a small portion of the Blu Apartements ("Project") developed by Grantor near the intersection of Crown Valley Parkway and Cabot Road; and
WHEREAS, The City approved the Project in 2014 with a condition of approval that required Grantor to grant the City a public park and trail easement to permit the public to enter into and use an approximately 0.35 acre privately developed park, described in Exhibit "B" of the Easement Agreement, and also a four-foot wide pedestrian trail within a five-foot wide easement to provide public access to the park to and from Crown Valley Parkway, as described in Exhibit "C" of the Easement Agreement; and WHEREAS, the park and trail easement satisfies the Project's condition of approal; and
WHEREAS, the City Council desires to to accept the easement and approve the Easement Agreement;
NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Laguna Niguel:
Section 1. The City Council hereby accepts the aforementioned easement and approves the Easement Agreement attached hereto as Exhibit 1.
Section 2. The City Council hereby approves of the recordation of the Easement Agreement in the Official Records of the Orange County Clerk-Recorder.
Section 3. The City Clerk is directed to cause a certified copy of this Resolution to be recorded in the Official Records of the Orange County Clerk-Recorder.
Section 4. The City Manager is authorized to execute and record the Easement Agreement and any other documents necessary for the acceptance of the easement and the recordation of this Resolution.
Resolution No. 2023-1432 Page 2
PASSED, APPROVED AND ADOPTED this 16th day of May, 2023.
Kelly Jennings, Mayor
ATTEST:
-
Marissa J. Asistin, City Clerk
Resolution No. 2023-1432 Page 2
EXHIBIT 1
Easement Agreement
RECORDING REQUESTED BY,
AND WHEN RECORDED MAIL TO:
City of Laguna Niguel
30111 Crown Valley Parkway
Laguna Niguel, CA 92677
Attn.: City Clerk
with a copy to:
TPG 2020-1 (LN-CROWN VALLEY)
OWNER, LLC
5000 Birch Street, Suite 600
Newport Beach, CA 92660
Attention: Legal Department
EASEMENT AGREEMENT
between
TPG 2020-1 (LN-CROWN VALLEY) OWNER, LLC,
a Delaware limited liability company
and the
CITY OF LAGUNA NIGUEL,
a California municipal corporation
Dated as of _ 2023
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LIST OF EXHIBITS
Exhibit "A" Legal Description or Depiction of the TPG Property Exhibit "B" Legal Description and Depiction of the Park Easement Area Exhibit "C" Depiction of the Trail Easement Area
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EASEMENT AGREEMENT
This Easement Agreement ("Agreement"), dated as of , 2023 (the "Effective Date"), is executed by and between TPG 2020-1 (LN-CROWN VALLEY) OWNER, LLC, a Delaware limited liability company ("TPG"), and CITY OF LAGUNA NIGUEL, a California municipal corporation (the "City"). TPG and the City are sometimes individually defined herein as a "Party" and collectively as the "Parties". This Agreement is entered into with reference to the following facts and circumstances:
RECITALS
A. TPG owns certain real property located in the City of Laguna Niguel, County of Orange, State of California, as more particularly described in Exhibit "A" attached hereto (the "TPG Property"). As part of TPG's development of the TPG Property: (a) TPG constructed and owns a park (the "Park") consisting of approximately 15,861 square feet and as described and depicted on Exhibit "B" (the "Park Easement Area"); and (b) TPG has constructed and owns a trail (the "Trail") on the TPG Property adjacent to the Oso Creek Canal, as described on Exhibit "C" (the "Trail Easement Area"). The Trail provides pedestrian access to and from the Park and Crown Valley Parkway, a public right of way located on the southern boundary of the TPG Property. The Park Easement Area and the Trail Easement Area are sometimes collectively referred to herein as the "Easement Areas" B. The City's condition of approval No. 67 of City Resolution No. 14-07 requires that prior to the issuance of the first Certificate of Use and Occupancy, non-exclusive public access easements shall be recorded over the Park Easement Area and the Trail Easement Area. While City staff issued a Certificate of Use and Occupancy for one apartment building on the TPG Property, it has not issued them for any others, and the City Council has not waived or modified the aforesaid condition ("Public Easements Condition"'); consequently, in order to satisfy the Public Easements Condition, TPG desires to grant to the City, and the City desires to accept, the Easements (as defined in Section 1, below) in favor of the City to permit (i) pedestrian access to members of the public across and over the Trail Easement Area to access the Park to and from Crown Valley Parkway; and (ii) access to members of the public to use the Park Easement Area as a community park.
NOW, THEREFORE, in consideration of the foregoing, and for other valuable consideration, the receipt and adequacy of which are hereby acknowledged, the Parties hereby agree as follows:
AGREEMENT
1. Grant of Easements. Subject to the terms and conditions of this Agreement, TPG hereby grants to the City the following easements in gross, each of which shall burden the TPG Property (collectively, the "Easements"):
1.1 Trail Access. A perpetual non-exclusive easement for pedestrian travel by members of the public (including walking dogs, but no equestrian use, bicycle or motorized uses) -1-
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on, over and across the Trail Easement Area solely for recreational purposes and for the purposes of access to the Park for recreational purposes (including use by dogs accompanied by their owners or owners' licensees), subject to the terms and conditions of this Agreement including reasonable nondiscriminatory rules and regulations posted in conspicuous locations by TPG and reasonably approved in writing by the City Manager of City, which may include limitation on use to the period from dawn until dusk, and may be enforced by TPG). The parties acknowledge that the Trail Easement Area has been improved in accordance with plans and specifications for the Trail that have been provided to and approved by the City for all purposes, and the City hereby accepts and approves the Trail. From and after the date hereof, TPG shall have the right to reasonably adjust the specifications of the Trail and make minor adjustments to the boundaries of the Trail Easement Area as may become reasonably necessary by reasons outside the control of TPG and only upon prior written approval of the City Manager in his or her sole and absolute discretion, and the Parties shall implement any necessary adjustment of the specifications for the Trail or boundaries of the Trail Easement Area by executing and causing the recordation of an amendment to this Agreement, which amendment shall include a revised legal description the Trail Easement Area.
1.2 Public Park. A perpetual non-exclusive easement for members of the public (including residents of TPG's apartment buildings) to use the Park Easement Area for recreational purposes only, subject to the terms and conditions of this Agreement (including reasonable nondiscriminatory rules and regulations posted in conspicuous locations by TPG and reasonably approved in writing by the City Manager of City, which may include limitation on use to the period from dawn until dusk, and may be enforced by TPG). The parties acknowledge that the Park Easement Area has been improved in accordance with plans and specifications for the Park Easement Area that have been provided to and approved by the City for all purposes. 2 Non-Exclusive and Reservation of Rights. Except as to the rights granted herein, TPG shall continue to have the full use, occupancy and enjoyment of the TPG Property, including the right to grant reasonable concurrent easements, licenses or other privileges over the Easement Areas to third parties, provided that such easements do not unreasonably and materially interfere with the public's use of the Easement Areas. Subject to the prior written approval of the City Manager, which will not be unreasonably withheld, TPG reserves the right to make improvements and alterations to the Easement Areas and the improvements located or to be located thereon, provided that such improvements and/or alterations do not have a material adverse effect on the public's use and enjoyment of the Easement Areas as initially constructed by TPG. TPG shall have the right to temporarily prohibit public access to the Easement Areas or to divert pedestrians from each Easement Area or any portion thereof (a) in the event of an emergency, solely in order to promote public safety, security and the protection of persons and property until such emergency has passed and (b) upon prior written notice to City and prior written approval of the City Manager, not to be unreasonably withheld, in order to maintain, repair, replace any improvements thereon for such time as may be reasonably necessary to do such work
3. Rules and Regulations. The use of the Easement Areas by the members of the public shall be subject to such reasonable, non-discriminatory rules and regulations as may be imposed by TPG from time to time that are approved in writing by the City Manager, which approval shall not be unreasonably withheld, provided TPG posts them at conspicuous locations -2-
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in the Easement Areas, provided that such rules and regulations may not unreasonably or materially interfere with such use of the Easements Areas. The City shall have no obligation to enforce the rules and regulations.
4. No Gift or Dedication. Nothing contained in this Agreement shall be deemed to be a gift or dedication to the general public of any portion of the TPG Property and no member of the general public shall be a third party beneficiary hereof.
5. Maintenance and Repair. TPG shall maintain the Easement Areas and any related original improvements, structures or facilities located thereon in good order, condition and repair.
6. Insurance: Casualty.
Insurance. During the term of this Agreement, TPG shall maintain a policy of comprehensive general liability insurance, naming the City as an additional insured, insuring from and against any liability for bodily injury and death of persons and damage to property arising from or relating to the use and enjoyment of the Easement Areas. The limits of liability shall not be less than Ten Million Dollars ($10,000,000.00), combined single limit and not less than Fifteen Million Dollars ($15,000,000.00) on a general aggregate basis, from an insurer with a general policy holder rating of not less than A- and a financial rating of VII as rated in the most current available "Best's Insurance Reports" and qualified to do business in the State of California, and shall contain a standard form loss payable endorsement in favor of and in a form acceptable to the City Manager, providing that all losses shall be payable without contribution. TPG shall cause the insurer under any such insurance policy to waive all rights of subrogation against the City and deliver to the City at least thirty (30) days' prior written notice of the cancellation or termination of such insurance policy. TPG shall deliver to the City, upon TPG's execution hereof and thereafter upon any renewal or replacement or alteration of coverage, a certificate(s) evidencing such insurance coverage.
The City Manager shall have the authority to agree in writing to reasonable adjustments to the foregoing insurance limits and coverages proposed by TPG.
6.2 "AS IS" Conveyance (No Representations): Exception. Except for TPG's express obligations under this Agreement, the Easement Areas and any improvements thereon are provided in their "AS IS", "WHERE IS" condition, and with all faults, without any representation or warranty of any kind, express or implied.
6.3 Casualty; Condemnation. In the event the Easement Areas are destroyed, damaged or condemned, as applicable, TPG shall use commercially reasonable efforts to diligently repair such Easement Area or the improvements thereon, as applicable (excluding any portion of the Easement Areas taken by condemnation).
7. Rights of Mortgagees. This Agreement is to be senior to all deeds of trust, judgement liens, mechanics liens and other liens (except liens for property taxes and assessments not yet payable). The breach of any provision of this Agreement shall not impair, defeat or render invalid the lien of any subordinate mortgage, deed of trust or like encumbrance made in good faith and for value now or hereafter affecting all or any portion of the TPG Property (each, -3-
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a "Mortgage"). Any party who acquires title to the TPG Property through private or judicial foreclosure, trustee's sale or deed in lieu of foreclosure of any such Mortgage (a "Foreclosure- Purchaser") and all successors and assigns of such Foreclosure-Purchaser shall take title subject to the terms of this Agreement but such Foreclosure-Purchaser shall not be liable for damages arising from any breach of this Agreement which occurred prior to the time such Foreclosure- Purchaser acquires title to the TPG Property.
8. Notices: All approvals, disapprovals, demands and/or notices, requests, demands and other communications given, or required to be given under this Agreement, shall be in writing, by recognized overnight courier or registered or certified mail, return receipt requested, in each instance duly addressed to the Parties as follows:
If to TPG:
TPG 2020-1 (LN-CROWN VALLEY) OWNER, LLC
5000 Birch Street, Suite 600
Newport Beach, CA 92660
Attention: Legal Department
If to the City:
City of Laguna Niguel
30111 Crown Valley Parkway
Laguna Niguel, CA 92677
Attn.: City Clerk
Any notices properly addressed, sent by registered or certified mail, return receipt requested, shall be deemed to have been duly given and received seventy-two (72) hours after they are deposited in the United States mail, postage prepaid. Notices shall be deemed delivered and received at the time delivered if properly addressed and delivered to the addresses set forth in this Section during normal business hours. Notice sent by reputable overnight messenger shall be deemed delivered one business day after delivery to the messenger for next business day delivery, unless the messenger indicates a later day of actual delivery, in which case that later delivery date shall be the date of delivery. Any Party may change its address for purposes of this Section by giving notice to the other Party as provided in this Section.
9. Integration. This Agreement constitutes the entire agreement of the Parties and supersedes all prior and contemporaneous negotiations, understandings and agreements of the Parties with respect to the subject matter hereof; however, nothing herein waives or alters any of the City's governmental rights, powers or conditions of approval. Notwithstanding the foregoing, City acknowledges that this Agreement is intended to satisfy the Public Easement Condition, that the Park (as currently constructed) together with this Agreement hereby satisfies the Public Easement Condition with respect to the Park Easement Area, and that, once the Trail has been constructed and is ready for use in accordance with the terms of this Agreement, the Public Easement Condition shall be satisfied in full.
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10. Interpretation. The Parties and their respective counsel and advisors have had full opportunity to review this Agreement, and all provisions of this Agreement shall be construed in all cases as a whole according to its fair meaning, neither strictly for nor against either Party and without regard for the identity of the Party initially preparing this Agreement. Unless the context requires otherwise, the masculine, feminine, and neuter genders, and the singular and plural shall be deemed to include one another, as appropriate. The enumeration of certain particulars as included within the general language shall not restrict the scope or affect the generality of such language, and except as expressly otherwise provided herein, the term "include" shall mean "include, but shall not be limited to" and the term "including" shall mean "including, without limitation."
11. Severability. If one or more of the provisions of this Agreement is hereafter declared invalid or unenforceable by judicial, legislative or administrative authority of competent jurisdiction, the invalidity or unenforceability of any of the provisions shall not in any way affect the validity or enforceability of any other provisions of this Agreement.
12. Assignment. Neither this Agreement nor any interest herein shall be assignable by the City to any person without the prior written consent of TPG in its sole discretion. In the event that TPG provides such consent to a proposed assignment, such assignment shall not become effective unless and until the City and the assignee have executed a written assignment and assumption of the rights and obligations of the City pursuant to this Agreement in form and substance reasonably satisfactory to TPG, and the City has delivered a copy of such fully- executed assignment and assumption to TPG.
13. Successors and Assigns; Runs with Land. Subject to the provisions of Section 12, above, this Agreement shall bind the title of the TPG Property and be binding upon and inure to the benefit of the Parties and their respective successors and permitted assigns, and shall bind and encumber the TPG Property and all successors-in-interest to any portion of or interest in the TPG Property. Upon the conveyance of the TPG Property by any Party, the selling Party shall be released from any obligations under this Agreement arising from and after such conveyance and the buying Party shall be liable for all such obligations, provided that no such conveyance shall release the selling Party from any liabilities arising from its breach of this Agreement prior to the time of such conveyance.
14. Further Assurances. Each Party shall execute, acknowledge and deliver to the other Party all documents, and shall take all actions, reasonably required by another Party from time to time to confirm the rights created or now or hereafter intended to be created hereunder.
15. Amendment: Modification; Authority of City Manager to Modify. No change or modification of the terms or provisions of this Agreement shall be deemed valid unless in writing and signed by all of the Parties. The City Manager shall have the authority to enter into non- substantial amendments of this Agreement provided they are in writing and recorded and executed by TPG or applicable successor-in-interest, and acknowledged).
16. Governing Law. This Agreement shall be construed, interpreted and applied in accordance with the laws of the State of California.
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17. Jurisdiction; Venue. Any disputes between the parties relating to or arising under this Agreement shall be filed and resolved in the courts of the State of California located in the County of Orange, and such courts shall have exclusive jurisdiction with respect to such disputes.
18. Waiver. No waiver of any breach or default shall be construed as a continuing waiver of any provision or as a waiver of any other or subsequent breach of any provision contained in this Agreement. Any waiver must be in writing, and in order to be effective against the City, must be approved by the City Council.
19. Headings. The headings of Sections of this Agreement have been inserted for convenience of reference only and shall not affect the interpretation of any of the provisions of this Agreement.
20. Attorneys' Fees. In the event of any action or proceeding to enforce or construe any of the provisions of this Agreement, the prevailing Party in any such action or proceeding shall be entitled to all of its reasonable attorneys' fees and costs, whether or not such action or proceeding results in final judgment.
21. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be an original, but all of which shall constitute one and the same instrument.
22. Incorporation of Exhibits. The Exhibits hereto are all deemed incorporated by this reference into the body of this Agreement as though set forth in full.
Third-Party Beneficiaries. There are no third-party beneficiaries to this Agreement.
24. Time of the Essence. Time is of the essence of every provision hereof in which time is a factor.
IN WITNESS WHEREOF, the Parties have duly executed this Agreement as of the date first above written.
"TPG":
TPG 2020-1 (LN-CROWN VALLEY)
OWNER, LLC,
a Delaware limited liability company
P.
By
Kenneth A. Picerne, President
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"City":
APPROVED AS TO FORM: CITY OF LAGUNA NIGUEL, a municipal corporation of the State of California
By
By
DATE:
ATTEST:
By
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EXHIBIT "A"
LEGAL DESCRIPTION OF THE TPG PROPERTY
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF LAGUNA
NIGUEL, IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
PARCEL A:
PARCEL 2 OF PARCEL MAP NO. 2014-133, IN THE CITY OF LAGUNA NIGUEL,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THAT CERTAIN PARCEL MAP FILED IN BOOK 387, PAGE(S) 14 TO 19, INCLUSIVE OF MAPS, IN THE OFFICE OF THE RECORDER OF THE COUNTY OF ORANGE, STATE OF CALIFORNIA.
APN: 636-043-25
PARCEL B:
A NON-EXCLUSIVE, PERPETUAL EASEMENT IN, ON, UNDER, OVER AND ACROSS A PORTION OF PARCEL 1 OF PARCEL MAP NO. 2014-133 FILED ON JULY 15, 2016 IN BOOK 387, PAGES 14 THROUGH 19, INCLUSIVE, OF PARCEL MAPS OF THE OFFICE
OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, IN THE CITY OF
LAGUNA NIGUEL, COUNTY OF ORANGE, STATE OF CALIFORNIA, FOR THE
PURPOSES OF (I) VEHICULAR (INCLUDING CONSTRUCTION AND PROJECT
MAINTENANCE), EMERGENCY RECREATIONAL AND PEDESTRIAN EGRESS,
INGRESS AND ACCESS TO AND FROM THAT CERTAIN PUBLIC STREET KNOWN AS
CABOT ROAD, (II) DRAINAGE, AND (III) INSTALLATION, MAINTENANCE, REPAIR,
REPLACEMENT, OPERATION AND USE OF UNDERGROUND UTILITIES AND
RELATED UNDERGROUND INFRASTRUCTURE, ALL AS SET FORTH IN THAT
CERTAIN RECIPROCAL EASEMENT AGREEMENT BETWEEN TPG (LAGUNA
NIGUEL) ACQUISITION, LLC, A DELAWARE LIMITED LIABILITY COMPANY, AND
TPG (LAGUNA NIGUEL - CROWN VALLEY) ACQUISITION, LLC, A DELAWARE LIMITED LIABILITY COMPANY, RECORDED ON MAY 22, 2020 AS INSTRUMENT NO. 2020-000233242 OF OFFICIAL RECORDS OF THE COUNTY RECORDER'S OFFICE OF ORANGE COUNTY, CALIFORNIA.
A-1-1
13018-000112609836v2.doc
EXHIBIT "B"
LEGAL DESCRIPTION AND DEPICTION OF THE PARK EASEMENT AREA
THAT CERTAIN PARCEL OF LAND LOCATED IN THE CITY OF LAGUNA NIGUEL, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING A PORTION OF PARCEL 1 AS SHOWN ON LOT LINE ADJUSTMENT LLA NO. 14-01 RECORDED SEPTEMBER 30, 2014 AS INSTRUMENT NO. 2014000397095, OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF PARCEL 2 OF PARCEL NO. 2014-133, RECORDED IN BOOK 387, PAGES 14 THROUGH 19, INCLUSIVE OF MISCELLANEOUS MAPS IN SAID OFFICE OF THE COUNTY RECORDER;
THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL 2 SOUTH 89°59'47" WEST
35.64 TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING ALONG SAID NORTHERLY LINE SOUTH 89°59'47" WEST, 122.04 FEET;
THENCE LEAVING SAID NORTHERLY LINE NORTH 70°42'48" EAST, 9.56 FEET; THENCE NORTH 34°09'51" EAST, 28.23 FEET;
THENCE NORTH 37°17'31" EAST, 8.44 FEET;
THENCE NORTH 34°36'57" EAST, 22.81 FEET;
THENCE NORTH 27°56'31" EAST, 34.93 FEET;
THENCE NORTH 23°02'09" EAST, 58.35 FEET;
THENCE NORTH 25°53'01" EAST, 88.63 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 10.00 FEET, A RADIAL LINE TO SAID BEGINNING OF CURVE BEARS NORTH 64°06'59" WEST; THENCE NORTHEASTERLY ALONG SAID CURVE, 5.53 FEET, THROUGH A CENTRAL ANGLE OF 31°42'36";
THENCE NORTH 64°0723" EAST, 10.07 FEET;
THENCE NORTH 75°34'21" EAST, 1.35 FEET;
THENCE NORTH 18°04'06" EAST, 4.54 FEET;
THENCE SOUTH 59°58'42" EAST, 23.57 FEET;
M:\Mapping\1266\01\Legals\Park Esmt\I266-01 Park Esmt.docx THENCE SOUTH 63°46'44" EAST, 12.80 FEET;
THENCE SOUTH 18°18'38" WEST, 90.74 FEET;
THENCE SOUTH 11°34'21" WEST, 44.95 FEET;
THENCE SOUTH 02°01'26" EAST, 23.70 FEET;
THENCE SOUTH 09°45'55" WEST, 52.93 FEET;
THENCE SOUTH 04°10'01" WEST, 5.96 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 15,861 SQUARE FEET MORE OR LESS.
ALL AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.
DATED THIS 13th DAY OF JULY 2020.
Odd URT
OCOO OR →
No. 7854
KURT R. TROXELL, L.S. 7854 CALIFORN A
FUSCOE ENGINEERING OP 000000s0
M:\Mapping\1266\01\Legals\Park Esmt\1266-01 Park Esmt.docx
CURVE TABLE LINE TABLE
NO. DELTA RADIUS LENGTH NO. BEARING LENGTH
C1 3142'36" 10.00 5.53 L1 N70'42'48'E 9.56
L2 N34°09'51"E 28.23
L3 N37'17 31"E 8.44
L4 N34'36'57"E 22.81"
LEGEND L5 N27'56'31"E 34.93'
CENTER LINE L6 N64'07'23"E 10.07
-
PARCEL LINE N75'34'21"E 1.35
EASEMENT LINE L8 N18'04'06"E 4.54
POINT OF COMMENCEMENT L9 S59'58'42"E 23.57
P.O.C. L10 S63'46'44"E 12.80'
T.P.O.B. TRUE POINT OF BEGINNING S02'01'26"E
L11 23.70
L12 S0410 01"W 5.96
N64'06'59"W
(RAD) <9
N25'53 01"E 88.63' 90.74 S1818'38"W
60' 30' 60'
SCALE: 1" = 60' N23'02'09"E 58.35'
44.95 S11'34'21"W OSO CREEK FLOOD CONTROL CHANNEL ROAD
PARCEL 1 LLA No. 14-01 L11
FORBES
INST. No. 2014000397095,
O.R. 52.93 S945'
L1
S89 59'47"W 122.04
TP.OB
PARCEL 1 PARCEL 2
S89'59'47"W-
35.64'
PARCEL NO. 2014-133
P.M.B. 387 / 14-19
FUSCOE EXHIBIT 'B'
DATE: July 13, 2020
ENGINEERING FN: 1266-001 Park Esmt
DRAWN BY: RLA
16795 Von Karman, Suite 100 PARK EASEMENT
Irvine, California 92606 CHECKED BY: KRT
el 949.474.1960 fax 949.474.531. FOR CITY OF LAGUNA NIGUEL, www.fuscoe.com COUNTY OF ORANGE. SHEET 1 OF 1
M: \MAPPING\1266\01\LEGALS\PARK ESMT\1266-001 PARK ESMT.DWG (07-13-20) Exhibit "C" - Depiction of the Trail Easement Area
EXISTING BUILDING
PRIVATE DRIVE / FIRE ACCESS LANE
CRON PAL SECTO
PRIVATE DRIVE / FIRE ACCESS
GARAGE
PARKWAY, LAGUNA NIGUE
RESIDENTIAL BUILDING
with DG Path
5 Easoment area
with DG Path
LAGUNA BLU I| 25867 CROWN VALLEY PARKAAY PICERNE GROUP
OSO CREEK
CHANNEL Generally Depicted "Trail
Easement Area"
with DG Path
D:
-STEPAN - RESIDENTIAL ARCHITECTURAL SITE PLAN
GENERAL NOTES
CONG AT CANCE
SARISAL RORE 4
CLO THIA MOTOMANT LUCATION A0.01
• l
CERTIFICATE OF ACCEPTANCE
(California Government Code Section 27281)
This is to certify that the interest in real property conveyed by that certain Easement Agreement dated , 2023 executed by TPG 2020-1 (LN-CROWN VALLEY) , 202_ and the grantee consents to the recordation thereof.
Print Name:
Title:
13018-000112609836v2.doc
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 Los Angeles
On Apn| 21 2023 before me,
insert name and title of the officer
a Notary Public in and for the State of California, personally appeared Kenneth A.Piceme 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 PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal. THERESA LYNN
Commission # 2323580
Nolary Public - California
ORANGE County
My Comm Expires MAR 10, 2024
Signature Theresa lynn (Seal)
13018-0001126098362.doc