1 TRAFFIC IMPACT FEE (TIF)
STREET IMPROVEMENT REIMBURSEMENT AGREEMENT
THIS STREET IMPROVEMENT REIMBURSEMENT AGREEMENT (this “Agreement”), entered into this ____ day of _____________, 2025, by and between the CITY OF LAKE ELSINORE, a municipal corporation, hereinafter referred to as the “City,” and IN-N-OUT BURGERS, a California corporation, hereinafter referred to as the “Developer.”
RECITALS
A. Developer is the owner of property located within the City, which property has received development entitlements approvals from the City in connection with Planning Application No. 2022-20, including Conditional Use Permit No. 2022-07, Commercial Design Review No. 2022-10, and Uniform Sign Program No. 2023-05 (the “Entitlements”) The Entitlements contemplate the construction of certain improvements more particularly described therein, located on an approximately 2.29-acre site within the General Commercial (C-2) District along Dexter Avenue between Crane Street and Allen Street (APNs: 377-030-085, 086, 087, 088, 089, 090, 091, and 092) (collectively, the “Development”). A legal description of such property is attached as Exhibit “A” (the “Property”). A map of the Property is attached as Exhibit “B”.
B. The Development is subject to certain conditions of approval adopted in connection with the Entitlements, including Condition of Approval No. 72 which provides, in pertinent part, as follows:
The new traffic signal and ADA ramps at the intersection of Dexter Avenue and Third Street as provided in Condition of Approval No. 72 is collectively referred to herein as the “Improvements”). The estimated cost of the Improvements are set forth on Exhibit “C.” C. Chapter 16.74 of the Lake Elsinore Municipal Code establishes a Traffic Infrastructure Fee to be paid prior to the issuance of a building permit for the City’s arterial and collector street system (the “TIF”), and Section 16.74.120(B) establishes a mechanism for providing credits and reimbursement to Developer for constructing eligible capital improvements:
A property owner or land developer may elect to construct capital improvement(s). If the property owner or land developer elects to construct such improvement(s), the property owner or land developer must enter into an agreement with the City prior to issuance of any building permit by the City or, alternatively, complete such capital improvement(s) prior to the issuance of the certificate of occupancy. To the extent that the Department determines that an agreement is necessary, the agreement must establish the estimated cost of the improvement(s), the schedule for initiation and completion of the improvement(s), a requirement that the improvement(s) be completed to City standards, and such other terms and conditions as deemed necessary by the City.
D. The Developer has requested that City enter into an agreement by the terms of which the Developer can receive credit (“TIF Credits”) against the Developer's TIF obligation for the Development (the “Development TIF Obligation”), and be reimbursed (“TIF Reimbursements”) for additional eligible actual cost reasonably incurred by the Developer in connection with the construction of the Improvements; provided, however, that the sum of the Development TIF Obligation and the TIF Reimbursement shall not exceed $175,000 (the “Maximum TIF Credit/Reimbursement”), which represents the maximum allowable consideration for intersection improvements under the TIF program (See Table E). 2 AGREEMENT
NOW, THEREFORE, for good and valuable consideration, the receipt of which is hereby acknowledged, and the mutual promises contained herein, it is agreed as follows:
Section 1. Purpose of the Agreement. Subject to Section 3 below, the Developer shall cause the Improvements to be designed, engineered, permitted and constructed and the City shall pay or credit the Developer the TIF Reimbursement and/or TIF Credit, provided that the aggregate amount of such pay and credit shall not exceed the Maximum TIF Credit/Reimbursement.
Section 2. Preparation and Approval of Plans and Specifications. The Developer has or shall cause plans and specification (the “Plans”) to be prepared for the Improvements and obtain all of the permits (“Permits”) required for construction of the Improvements. The Developer shall provide a copy of the Plans to the City Engineer and shall obtain the written approval of the Plans from City, not to be unreasonably withheld, conditioned, or delayed.
Section 3. Duty of Developer to Construct. The Developer shall construct or cause the Improvements to be constructed in substantial accordance with the approved Plans and the specifications approved by the City Engineer. The Developer shall perform all of its obligations hereunder and shall conduct all operations with respect to the construction of the Improvements in a good, workmanlike and commercially reasonable manner, with the standard of diligence and care normally employed by duly qualified persons utilizing commercially reasonable efforts in the performance of comparable work and in accordance with generally accepted practices appropriate to the activities undertaken. The parties anticipate that the actual costs of the Improvements will exceed the Maximum TIF Credit/Reimbursement. Accordingly, the Developer shall not be relieved of its obligation to construct the Improvements and cause title to the Improvements to be conveyed to the City even if the combined total of the TIF Credit and TIF Reimbursement exceeds the Maximum TIF Credit/Reimbursement. In the event that Developer elects to not construct the Development, Developer shall not have a separate obligation to construct the Improvements, and such election shall not constitute a default of this Agreement.
Section 4. Acquisition of City Facilities. Upon completion of the Improvements, Developer hereby agrees to convey ownership to the City and the City hereby agrees to accept the Improvements (“Acceptance Date”) no later than ten (10) days following the City Engineer's reasonable determination the Improvements are complete in substantial accordance with the Plans (which shall be not later than fifteen (15) days following Developer's notice to City that the Improvements are complete).
Section 5. Payment of the TIF Credit or TIF Reimbursement. a. The Developer acknowledges that as of the date of this Agreement, the estimated Development TIF Obligation is $14,922.24 based on a 3,886 square foot building. This obligation currently is less than the estimated cost of the Improvements set forth in Exhibit “C”.
The Developer further acknowledges that this Agreement does not serve to estop the City from making further adjustments to the TIF, consistent with Chapter 16.74 and State law. Developer shall receive TIF Credits and TIF Reimbursement pursuant to this Section 5 for verified Eligible Costs of the Improvements not to exceed the Maximum TIF Credit/Reimbursement. "Eligible Cost" means the hard and soft costs of the Improvements to be used in calculating TIF Credit or TIF Reimbursement amounts, which costs, as supported by evidence from Developer, may include, but are not limited to: materials and labor associated with signalization improvements 3 such as poles, signal heads, conduits, wiring, electronics such as but not limited to controllers, cameras, and incidental hardware for signal operation.
b. On or after the Acceptance Date, Developer shall submit a billing, together with all invoices showing amounts paid by Developer, to the City Engineer requesting determination of the actual Eligible Cost of the Improvements and the TIF Credit and TIF Reimbursement (“Payment Request”) pursuant to the terms herein and provided, further, that the sum of the requested TIF Credit and TIF Reimbursement shall not exceed the Maximum TIF Credit/Reimbursement. The City Engineer shall use commercially reasonable efforts to determine the amount of the earned TIF Credit and TIF Reimbursement up to the Maximum TIF Credit/Reimbursement and provide Developer written notice (the “TIF Notice”) within twenty (20) days of receipt of the bill submitted by the Developer. Once completed, the TIF Notice is to be executed and dated by the City Engineer and the Developer. c. The City shall reimburse Developer within ninety (90) days of Developer’s receipt of the TIF Notice.
Section 6. Construction Requirements.
(a) The Developer shall require, and the specifications and contract documents shall require all contractors, subcontractors, vendors, equipment operators and owner operators, in each such case to the extent such individuals or entities are engaged to perform work on the Improvements, to pay at least general prevailing wage rates to all workers employed in the execution of the contract, to post a copy of the general prevailing wage rates at the job-site in a conspicuous place available to all employees and applicants for employment, and to otherwise comply with applicable provisions of the California Labor Code, the California Government Code and the California Public Contracts Code relating to general prevailing wage rates as required by the specifications approved by the City Engineer.
(b) The Developer shall require each contractor, subcontractor, vendor, equipment operator and owner operator, in each such case to the extent such individual or entity is engaged to perform work on the Improvements, to provide proof of insurance coverage satisfying the requirements of Section 11 hereof throughout the term of the construction of the Improvements.
Rather than requiring its contractors to provide such insurance, the Developer may elect to provide the same for the benefit of its contractors.
(c) The Developer shall comply, and shall cause each contractor, subcontractor, vendor, equipment operator and owner operator, in each such case to the extent such individual or entity is engaged to perform work on the Improvements, to comply with such other requirements relating to the construction of the Improvements as the City may impose by written notification delivered to the Developer, to the extent legally required as a result of changes in applicable federal, state or City laws, rules or procedures.
(d) The Developer shall require, and the specifications and bid and contract documents shall require, all contractors, subcontractors, vendors, equipment operators and owner operators, in each such case to the extent such individuals or entities are engaged to perform work on the Improvements, to submit (in digital form) certified weekly payroll records to the City Engineer promptly upon request, provided that such submissions shall not be required to be made more than once every two weeks (with each such submission to cover the current and immediately prior week).
4 The Developer shall provide proof to the City Engineer, no more frequently than monthly and in such hard copy form as the City Engineer may reasonably require, that the foregoing requirements have been satisfied as to the Improvements.
Section 7. Intentionally Omitted. The Developer shall have secured (or shall have caused to be secured) any and all permits, including a temporary encroachment permit, which may be required by the City or any other governmental agency affected by the construction of the Improvements. The Developer shall be responsible for paying all applicable fees and charges to the City to obtain any land use entitlements and permits that are necessary to construct the Improvements.
Section 8. Intentionally Omitted.
Section 9. Inspection; Completion of Construction. The City Engineer shall have responsibility for providing inspection of the work of construction of the Improvements to ensure that the work of construction is accomplished in substantial accordance with the Plans and specifications approved by the City Engineer. City personnel shall have access to the site of the work construction at all reasonable times for the purpose of accomplishing such inspection.
No later than ten business days after the Acceptance Date, the Developer and the City shall forthwith file with the Lake Elsinore City Clerk a Notice of Completion pursuant to the provisions of Section 3093 of the California Civil Code.
Section 10. Maintenance of Facilities; Warranties. The Developer shall maintain the Improvements in good and safe condition until the Acceptance Date. Prior to the Acceptance Date, the Developer shall be responsible for maintaining the Improvements in proper operating condition. As of the Acceptance Date, the Developer shall, to the extent permitted, assign to the City all of the Developer’s rights in any warranties, guarantees, maintenance obligations or other evidence of contingent obligations of third persons with respect to the Improvements.
Section 11. Insurance Requirements. Without limiting or diminishing the Developer’s obligation to indemnify or hold the City harmless, the Developer shall procure and maintain or cause to be maintained, at its sole cost and expense, the following insurance coverages during the term of this Agreement.
(a) Commercial General Liability: Developer shall maintain commercial general liability insurance coverage, including but not limited to, premises liability, contractual liability, products and completed operations, explosion, use of cranes, and other heavy equipment and underground hazards, personal injury covering claims which may arise from or out of Developer’s performance of its obligations hereunder (“Policy”). The Policy shall name by endorsement the City and its special districts, respective directors, officers, Board of Supervisors, elected officials, employees, agents or representatives as Additional Insureds. The Policy’s limit of liability shall not be less than $1,000,000 per occurrence combined single limit. If such insurance Policy contains a general aggregate limit, it shall apply separately to this Agreement or be no less than two (2) times the occurrence limit.
(b) Vehicle Liability: Developer shall maintain liability insurance for all owned, non -owned or hired vehicles in an amount not less than $1,000,000 per occurrence combined single limit. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or be no less than two (2) times the occurrence limit. Policy shall name by 5 endorsement the City, its special districts, their respective directors, officers, Board of Supervisors, elected officials, employees, agents or representatives as Additional Insureds. (c) Worker’s Compensation Insurance: Developer shall maintain Workers’ Compensation Insurance (Coverage A) as prescribed by the laws of the State of California.
Section 12. Ownership of Facilities. Notwithstanding the fact that a portion or all of the Improvements may be constructed in dedicated rights-of-way or on property that has been or will be dedicated to the City, the Improvements shall be and remain the property of the Developer until acceptable title thereto is conveyed to the City as provided herein. Such ownership by the Developer shall likewise not be affected by any agreement that the Developer may have entered into or may enter into with the City pursuant to the provisions of the Subdivision Map Act, Section 66410 et seq. of the Code, and the provisions of this Section shall control.
Section 13. Representations, Warranties and Covenants of the Developer. The Developer makes the following representations, warranties and covenants for the benefit of the City, as of the date hereof and as of the date of the Payment Request is delivered to the City hereunder:
(a) Organization. The Developer represents and warrants that the Developer is a California corporation duly organized and validly existing under the laws of the State of California, is in good standing under the laws of the State, and has the power and authority to own its properties and assets and to carry on its business as now being conducted and as now contemplated.
(b) Authority. The Developer represents and warrants that the Developer has the power and authority to enter into this Agreement, and has taken all action necessary to cause this Agreement to be executed and delivered, and this Agreement has been duly and validly executed and delivered on behalf of the Developer.
(c) Binding Obligation. The Developer represents and warrants that this Agreement is a valid and binding obligation of the Developer and is enforceable against the Developer in accordance with its terms, subject to bankruptcy, insolvency, reorganization or other similar laws affecting the enforcement of creditors’ rights in general and by general equity principles. (d) Completion of Improvements. Except in the event that Developer elects to not construct the Development as provided in Section 3, the Developer covenants that it will use its reasonable and diligent efforts to do all things that may be lawfully required of it in order to cause the Improvements to be completed in accordance with this Agreement. (e) Compliance with Laws. The Developer covenants that, while the Improvements are owned by the Developer or required pursuant to this Agreement to be maintained by the Developer, it will not commit, suffer or permit any of its agents, employees or contractors to commit any act to be done in, upon or to the Improvements in violation in any material respect of any law, ordinance, rule, regulation or order of any governmental authority or any covenant, condition or restriction now or hereafter affecting the Property or the Improvements. (f) Intentionally omitted.
(g) Intentionally omitted.
6 (h) Permits. The Developer covenants that it will obtain all governmental or other permits required to proceed with the construction of the Improvements and that it will pay all fees relating thereto. The Developer and the City mutually represent and warrant to each other that to their actual knowledge, as of the date hereof, there is no material legal impediment to the Developer’s proceeding with and completing the construction of the Improvements or to the development of the Property as contemplated by the Developer.
Section 14. Representations, Warranties and Covenants of City. City makes the following representations, warranties and covenants for the benefit of the Developer:
(a) Authority. City represents and warrants that City has the power and authority to enter into this Agreement and has taken all action necessary to cause this Agreement to be executed and delivered, and this Agreement has been duly and validly executed and delivered on behalf of the City.
(b) Binding Obligation. City represents and warrants that this Agreement is a valid and binding obligation of City and is enforceable against City in accordance with its terms, subject to bankruptcy, insolvency, reorganization or other similar laws affecting the enforcement of creditors’ rights in general and by general equity principles. (c) Completion of the Improvements. The City covenants that it will use its reasonable and diligent efforts to expeditiously take all actions that may be lawfully required of it in issuing permits, processing and approving plans and specifications and inspecting the Improvements in accordance with this Agreement.
(d) Payment Requests. City represents and warrants that it will diligently follow all procedures set forth in this Agreement with respect to the Payment Request.
Section 15. Indemnification. The Developer agrees to protect, indemnify, defend (with counsel selected by the Developer and reasonably acceptable by the City) and hold the City, and its respective officers, employees and agents, and each of them, harmless from and against any and all claims, losses, expenses, suits, actions, decrees, judgments, awards, attorney’s fees, and court costs (collectively, “Damages”) which the City, or its respective officers, employees and agents, or any combination thereof, may suffer or which may be sought against or recovered or obtained from the City, or its respective officers, employees or agents, or any combination thereof, as caused by or arising out of:
(a) the construction, or installation of the Improvements by Developer or any of its contractors, subcontractors, or their respective officers, employees or agents; (b) the material untruth or inaccuracy of any representation or warranty made by the Developer in this Agreement or in any certifications delivered by the Developer hereunder; or (c) any material breach of the Agreement by Developer or any of its contractors. subcontractors, or their respective officers, employees or agents, in connection with the Improvements.
If the Developer fails to do so, the City shall have the right, but not the obligation, to defend the same and charge all actual out-of-pocket costs of such defense, including any reasonable attorneys’ fees or court costs, to and recover the same from the Developer. The parties acknowledge and agree that the Developer shall be released from the indemnity obligation 7 set forth herein upon the Acceptance Date. Notwithstanding the foregoing, neither the City nor its respective officers, officials employees, agents, contractors, attorneys or volunteers shall be indemnified, defended or held harmless against such Damages to the extent that such Damages have been caused by their gross negligence or willful misconduct.
Section 16. Developer as a Private Developer. In performing under this Agreement, it is mutually understood that the Developer is acting as a private developer, and not as an agent of the City. The City shall have no responsibility for payment to any contractor, subcontractor or supplier of the Developer. Accordingly, this Agreement does not constitute a debt or liability of the City. Other than as provided in Section 5, the City shall not be obligated to advance any of its own funds or any other costs incurred in connection with the Project. No member, official or employee of the City shall be personally liable to the Developer, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Developer or its successors, or on any obligations under the terms of this Agreement.
Section 17. Other Agreements. Nothing contained herein shall be construed as affecting the City’s or the Developer’s respective duty to perform its respective obligations under other agreements, land use regulations or subdivision requirements relating to the development of the Property, which obligations are and shall remain independent of the Developer’s rights and obligations, and the City’s rights and obligations, under this Agreement.
Section 18. Binding on Successors and Assigns. Neither this Agreement nor the duties and obligations of the Developer hereunder may be assigned to any person or legal entity other than an affiliate of the Developer without the written consent of the City, which consent shall not be unreasonably withheld or delayed. Neither this Agreement nor the duties and obligations of the City hereunder may be assigned to any person or legal entity, without the written consent of the Developer, which consent shall not be unreasonably withheld or delayed. The agreements and covenants included herein shall be binding on and inure to the benefit of any partners, permitted assigns, and successors-in-interest of the parties hereto.
Section 19. Amendments. This Agreement can only be amended by an instrument in writing executed and delivered by the City and the Developer.
Section 20. Waivers. No waiver of, or consent with respect to, any provision of this Agreement by a party hereto shall in any event be effective unless the same shall be in writing and signed by such party, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which it was given.
Section 21. No Third Party Beneficiaries. No person or entity, other than the City, shall be deemed to be a third party beneficiary hereof, and nothing in this Agreement (either express or implied) is intended to confer upon any person or entity, other than the City and the Developer (and their respective successors and assigns), any rights, remedies, obligations or liabilities under or by reason of this Agreement.
Section 22. Notices. Any written notice, statement, demand, consent approval, authorization, offer, designation, request or other communication to be given hereunder shall be given to the party entitled thereto at its address set forth below, or at such other address as such party may provide to the other party in writing from time to time, namely:
City: City of Lake Elsinore
Attn: City Manager
8 130 South Main Street
Lake Elsinore, CA 92539
Developer: In-N-Out Burger
Attn: Justin Iwata
13502 Hamburger Lane
Baldwin Park, CA 91706
Each such notice, statement, demand, consent, approval, authorization, offer, designation, request or other communication hereunder shall be deemed delivered to the party to whom it is addressed (a) if personally served or delivered, upon delivery, (b) if given by electronic communication, whether by telex, telegram or telecopy, upon the sender’s receipt of an appropriate answerback or other written acknowledgment, (c) if given by registered or certified mail, return receipt requested, deposited with the United States mail postage prepaid, 72 hours after such notice is deposited with the United States mail, (d) if given by overnight courier, with courier charges prepaid, 24 hours after delivery to said overnight courier, or (e) if given by any other means, upon delivery at the address specified in this Section.
Section 23. Jurisdiction and Venue. City and the Developer (a) agrees that any suit action or other legal proceeding arising out of or relating to this Agreement shall be brought in state or local court in the County of Riverside or in the Courts of the United States of America in the district in which the City is located, (b) consents to the jurisdiction of each such court in any suit, action or proceeding, and (c) waives any objection that it may have to the laying of venue or any suit, action or proceeding in any of such courts and any claim that any such suit, action or proceeding has been brought in an inconvenient forum. Each of the City and the Developer agrees that a final and non-appealable judgment in any such action or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law.
Section 24. Attorneys’ Fees. If any action is instituted to interpret or enforce any of the provisions of this Agreement, the prevailing party in such action shall be entitled to recover from the other party thereto reasonable attorney’s fees and costs of such suit (including both prejudgment and post judgment fees and costs) as determined by the court as part of the judgment.
Section 25. Governing Law. This Agreement and any dispute arising hereunder shall be governed by and interpreted in accordance with the laws of the State of California.
Section 26. Usage of Words. As used herein, the singular of any word includes the plural, and terms in the masculine gender shall include the feminine.
Section 27. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original.
[Signatures On Next Page]
9 IN WITNESS WHEREOF, the parties have executed this Agreement as of the respective dates set forth below.
“CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
Date: _______________________, 2025 ______________________________ Jason Simpson, City Manager
ATTEST:
CITY CLERK
__________________________________
Candice Alvarez, City Clerk
APPROVED AS TO FORM:
LEIBOLD McCLENDON & MANN, P.C.
__________________________________
Barbara Leibold, City Attorney
“DEVELOPER”
IN-N-OUT BURGERS, a California
corporation
Date: _______________________, 2025 _______________________________ Mike Abbate
Vice President, Store Development
Attach Notary Acknowledgement
EXHIBIT “A”
PROPERTY LEGAL DESCRIPTION
The Land referred to herein below is situated in the County of Riverside, State of California, and is described as follows:
PARCEL A:
PARCEL 1 OF LOT LINE ADJUSTMENT NO. 2023-0004 RECORDED APRIL 26, 2024 AS INSTRUMENT NO. 2024-0122168 OF OFFICIAL RECORDS, BEING DESCRIBED MORE PARTICULARLY AS FOLLOWS:
BEING A PORTION OF PARCEL 1 OF LOT MERGER NO. 2023-0010, IN THE CITY OF LAKE
ELSINORE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER A DOCUMENT RECORDED FEBRUARY 29, 2024 AS DOCUMENT NO. 2024-0056397, TOGETHER WITH A PORTION OF THE SOUTHEASTERLY 30.00 FEET OF ALLAN STREET, AS VACATED BY RESOLUTION NO. 88-9, A RESOLUTION OF THE CITY COUNSIL OF THE CITY OF LAKE ELSINORE, STATE OF CALIFORNIA, RECORDED FEBRUARY 29, 1988, AS DOCUMENT NO. 51508, BOTH OFFICIAL RECORDS OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE NORTHWESTERLY PROLONGATION OF THE SOUTHWESTERLY LINE OF SAID PARCEL 1 WITH THE NORTHWESTERLY LINE OF SAID ALLAN STREET;
THENCE AT RIGHT ANGLES TO THE NORTHWESTERLY LINE OF SAID ALLAN STREET, SOUTH 46°49'00" EAST 74.74 FEET;
THENCE PARALLEL TO SAID NORTHWESTERLY LINE, NORTH 43°11'00" EAST 25.72 FEET;
THENCE AT RIGHT ANGLES TO SAID NORTHWESTERLY LINE, SOUTH 46°49'00" EAST 247.82 FEET TO A POINT ON THE SOUTHEASTERLY LINE OF SAID PARCEL 1; THENCE ALONG SAID SOUTHEASTERLY LINE, NORTH 43°10'54" EAST 160.15 FEET TO THE MOST EASTERLY CORNER OF SAID PARCEL 1;
THENCE ALONG THE NORTHEASTERLY LINE OF SAID PARCEL 1 AND ITS NORTHWESTERLY PROLONGATION, NORTH 46°51'17" WEST 322.55 FEET TO THE INTERSECTION WITH THE NORTHWESTERLY LINE OF SAID ALLAN STREET;
THENCE ALONG THE NORTHWESTERLY LINE OF SAID ALLAN STREET, SOUTH 43°11'00" WEST 185.66 FEET TO THE POINT OF BEGINNING;
PARCEL B:
PARCEL 2 OF LOT LINE ADJUSTMENT NO. 2023-0004 RECORDED APRIL 26, 2024 AS INSTRUMENT NO. 2024-0122168 OF OFFICIAL RECORDS, BEING DESCRIBED MORE PARTICULARLY AS FOLLOWS: BEING ALL OF PARCEL 1 OF LOT MERGER NO. 2023- 0011, IN THE CITY OF LAKE ELSINORE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER A DOCUMENT RECORDED MARCH 01, 2024 AS DOCUMENT NO. 2024-0057886, OFFICIAL RECORDS OF SAID COUNTY, TOGETHER WITH A PORTION OF PARCEL 1 OF THE LOT MERGER NO. 2023-0010, IN THE CITY OF LAKE ELSINORE,
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER A DOCUMENT RECORDED FEBRUARY 29, 2024 AS DOCUMENT NO. 2024-0056397, AND A PORTION OF THE SOUTHEASTERLY 30.00 FEET OF ALLAN STREET, AS VACATED BY RESOLUTION NO. 88-9, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, STATE OF CALIFORNIA, RECORDED FEBRUARY 29, 1988, AS DOCUMENT NO. 51508, ALL
OFFICIAL RECORDS OF SAID COUNTY, MORE PARTICULUARY DESCRIBED AS FOLLOWS;
BEGINNING AT THE INTERSECTION OF THE NORTHWESTERLY PROLONGATION OF THE SOUTHWESTERLY LINE OF PARCEL 1 OF SAID LOT MERGER 2023-0010, WITH THE NORTHWESTERLY LINE OF SAID ALLAN STREET;
THENCE AT RIGHT ANGLES TO THE NORTHWESTERLY LINE OF SAID ALLAN STREET, SOUTH 46°49'00" EAST 74.74 FEET;
THENCE PARALLEL TO SAID NORTHWESTERLY LINE, NORTH 43°11'00" EAST 25.72 FEET;
THENCE AT RIGHT ANGLES TO SAID NORTHWESTERLY LINE, SOUTH 46°49'00" EAST 247.82 FEET TO A POINT ON THE SOUTHEASTERELY LINE OF SAID PARCEL 1; THENCE ALONG THE SOUTHEASTERLY LINE OF SAID PARCEL 1 AND PARCEL 1 OF SAID LOT MERGER NO. 2023-0011, SOUTH 43°10'54" WEST 302.91 FEET TO THE MOST SOUTHERLY CORNER OF PARCEL 1 OF SAID LOT MERGER NO. 2023-0011, SAID
CORNER ALSO BEING A POINT ON THE NORTHEASTERLY RIGHT-OF-WAY LINE OF
DEXTER AVENUE, AS PER A DEED TO THE COUTY OF RIVERSIDE RECORDED FEBRUARY 8, 1982 AS DOCUMENT NO. 22868, OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG THE SOUTHWESTERLY LINE OF PARCEL 1 OF SAID LOT MERGER NO. 2023-0011 AND SAID NORTHEASTERLY RIGHT-OF-WAY LINE THE FOLLOWING THREE (3) COURSES:
1. NORTH 08°35'20" WEST 33.44 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHWESTERLY, AND HAVING A RADIUS OF 330.00 FEET;
2. NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 38°13'32", AN ARC DISTANCE OF 220.13 FEET;
3. TANGENT TO SAID CURVE, NORTH 46°48'32" WEST 92.14 FEET TO THE INTERSECTION WITH THE NORTHWESTERLY LINE OF SAID ALLAN STREET;
THENCE LEAVING SAID SOUTH WESTERLY LINE AND ALONG THE NORTHWESTERLY LINE OF SAID ALLAN STREET, NORTH 43°11'00" EAST 185.72 FEET TO THE POINT OF BEGINNING.
PARCEL C:
NON-EXCLUSIVE EASEMENT FOR ACCESS, INGRESS AND EGRESS, AS SAID
EASEMENT IS SET FORTH IN THAT CERTAIN GRANT OF EASEMENT RECORDED SEPTEMBER 29, 1987 AS INSTRUMENT NO. 281761 AND AMENDED AUGUST 12, 2013 AS INSTRUMENT NO. 2013-0391689 BOTH OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.
EXHIBIT `B”
PROPERTY MAP
EXHIBIT “C”
IMPROVEMENTS