Agenda packet — Menifee City Council, March 16, 2022 (part 3 of 5)

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10.14 Execution of Contract. The persons executing this Agreement on behalf of each of the Parties hereto represent and warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver th is Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisi ons of this Agreement, and (iv) that entering into this Agreement does not violat e any provision of any other A greement to which said Party is bound.

10.15 Nondiscrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that in the performance of this Agreement there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry.

10.16 No Third Party Beneficiaries. With the exception of the specific provisions set forth in this Agreement, there are no intended third -party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder.

10.17 Nonliability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Consultant, or any successor in interest, in the event of any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.

10.18 No Undue Influence. Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of City shall rece ive compensation, directly or indirectly, from Consultant, or from any officer, employee, or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement.

10.19 No Benefit to Arise to City Employees. No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or has responsibilities with respect to this Agreement during his/her tenure or for one (1) year thereafter, shall have any inte rest, direct or indirect, in any agreement or sub -agreement, or the proceeds thereof, for the Services to be performed under this Agreement. [Signatures on Following Page]

DocuSign Envelope ID: C32B5F72-C939-425E-8880-31BDF5C351DE DocuSign Envelope ID: 8208821B-19F9-4E1C-A966-7466918BE081 Item Title: 10.16
M. Pino and Associates, Inc. Contract Amendment for Police Department Recruitments Item Page Number: 16
Menifee Mayor and City Council March 16, 2022

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IN WITNESS WHEREOF, the P arties hereto have executed and entered into this Agreement as of the Effective Date.

CITY OF MENIFEE

Armando G. Villa, City Manager

Attest:

Sarah A. Manwaring, City Clerk

Approved as to Form:

Jeffrey T. Melching, City Attorney

CONSULTANT

Michael Pino, CEO

Jacob Pino, CFO

[Note: 2 officer’s signatures required if
Consultant is a corporation, unless provided
with a certificate of secretary in-lieu]
DocuSign Envelope ID: C32B5F72-C939-425E-8880-31BDF5C351DE DocuSign Envelope ID: 8208821B-19F9-4E1C-A966-7466918BE081 Item Title: 10.16
M. Pino and Associates, Inc. Contract Amendment for Police Department Recruitments Item Page Number: 17
Menifee Mayor and City Council March 16, 2022

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EXHIBIT A

SCOPE OF SERVICES

Consultant shall provide Professional Background Investigation Services for the Menifee Police Department in the amount not to exceed THIRTY THOUSAND DOLLARS AND ZERO CENTS ($30,000.00) as further detailed in the following page(s).

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EXHIBIT A

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AMENDMENT NO. 1 TO
AGREEMENT BETWEEN M. PINO & ASSOCIATES, INC. (MPA, INC.) AND THE CITY OF MENIFEE FOR MENIFEE POLICE DEPARTMENT: PROFESSIONAL

BACKGROUND INVESTIGATION SERVICES
This is Amendment No. 1 to that certain AGREEMENT for Professional Services Agreement (“Agreement”) made on June 16, 2022 between the City of Menifee (“City”) and M.

PINO & ASSOCIATES, INC. (MPA, INC.) (“Consultant”) for MENIFEE POLICE DEPARTMENT: PROFESSIONAL BACKGROUND INVESTIGATION SERVICES which Amendment No. 1 is made and entered into on ______________, 2022 to increase the compensation amount as indicated below:

1. Section 2, “Compensation” is amended to increase the maximum compensation by $14,000.00 (FOURTEEN THOUSAND DOLLARS AND ZERO CENTS), and is amended to read as follows:

Section 2. COMPENSATION.

City hereby agrees to pay Consultant a sum not to exceed $44,000.00 (FORTY FOUR THOUSAND DOLLARS AND ZERO CENTS) notwithstanding any contrary indications that may be contained in Consultant's proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Exhibit A, regarding the amount of compensation, this Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement.

Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized in advance by City, Consultant shall not bill City for duplicate services performed by more than one person.

2. All other terms and conditions of the Agreement remain in full force and effect.

Item Title: 10.16
M. Pino and Associates, Inc. Contract Amendment for Police Department Recruitments Item Page Number: 20
Menifee Mayor and City Council March 16, 2022

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Professional Services Amendment No. Amendment No. 1 with M. PINO & ASSOCIATES, INC. (MPA, INC.) CITY OF MENIFEEM. PINO & ASSOCIATES, INC. (MPA, INC.)
_______________________________ _______________________________ Armando G. Villa, City Manager Michael Pino, CEO
Attest: ________________________________
Jacob Pino, CFO
_______________________________
Sarah A. Manwaring, City Clerk
Approved as to Form:
_______________________________
Jeffrey T. Melching, City Attorney
Item Title: 10.16
M. Pino and Associates, Inc. Contract Amendment for Police Department Recruitments Item Page Number: 21
Menifee Mayor and City Council March 16, 2022

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CITY OF MENIFEE
SUBJECT: Design Path Studio Agreement Amendment
MEETING DATE: March 16, 2022
TO: Mayor and City Council
PREPARED BY: Molly Binnall, Management Analyst
REVIEWED BY: Cheryl Kitzerow, Community Development Director APPROVED BY: Armando G. Villa, City Manager
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RECOMMENDED ACTION

1. Approve and authorize the City Manager to execute a professional services agreement amendment with Design Path Studios to extend the term of the agreement through June 30, 2022 and increase compensation in the amount of $8,000 for the preparation of pre-approved Accessory Dwelling Unit plans and Guidance Handbook.

DISCUSSION
On January 20, 2021, the City Council approved the agreement with Design Path Studio to prepare the Accessory Dwelling Unit (ADU) pre-approved plans and the ADU Guidance Handbook for a total cost of $80,000. This agreement was funded from the funds the City received from Senate Bill 2 (SB 2) Planning Grant Program Funds from the Department of Housing and Community Development. The pre-approved ADU plans would allow residents seeking to build an ADU on their property a streamlined permitting process in both the Community Development Department and Building Department, as well as provide guidelines through the Guidance Handbook for those residents seeking to build a custom ADU.

During the design review process, staff was determined to achieve the highest quality of product and design features possible. The project has produced 8 floor plans, with 2 design options per plan, ensuring that residents have the opportunity to choose a design that is compatible with their existing housing style and surrounding community. The project is in the final stages of construction drawing completion and is anticipated to be completed by late Spring 2022.

Additional costs resulted from additional meetings necessary through the review and approval process, as well as design refinements to the architectural styles.

STRATEGIC PLAN OBJECTIVE
Livable and Economically Prosperous Community
Item Title: 10.17 Design Path Studio Agreement Amendment Item Page Number: 1
Menifee Mayor and City Council March 16, 2022

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City of Menifee Staff Report
Design Path Studios Agreement Amendment
March 16, 2022

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8 9
7 FISCAL IMPACT
The fiscal impact of the proposed amendment with Design Path Studio to complete this project would be $8,000 and is available within the approved fiscal year 2021/22 budget under Account No. 100-4330-52800.

ATTACHMENTS

1. Professional Services Agreement (Executed)

2. Professional Services Agreement Amendment No. 1
Item Title: 10.17 Design Path Studio Agreement Amendment Item Page Number: 2
Menifee Mayor and City Council March 16, 2022

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Item Title: 10.17 Design Path Studio Agreement Amendment Item Page Number: 3
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AMENDMENT NO. 1 TO
AGREEMENT BETWEEN Design Path Studio
AND THE CITY OF MENIFEE FOR CITY OF MENIFEE: PERMIT READY ADU UNIT PLANS

AND GUIDANCE HANDBOOK
This is Amendment No. 1 to that certain AGREEMENT for Professional Services Agreement (“Agreement”) made on January 20, 2021 between the City of Menifee (“City”) and Design Path Studio (“Consultant”) for CITY OF MENIFEE: PERMIT READY ADU UNIT PLANS AND GUIDANCE HANDBOOK which Amendment No. 1 is made and entered into on ______________, 2022 to extend the term of service, increase the scope of work and compensation amount as indicated below:

1. Section 1.1, “Term of Services” is amended to read as follows:

1.1 Term of Services. The term of this Agreement shall begin on the January 20, 2021 and shall end on December 31, 2022 unless the term of the Agreement is otherwise terminated or extended as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as provided for in Section 8.

2. Section 2, “Compensation” is amended to increase the maximum compensation by $8,000.00 (EIGHT THOUSAND DOLLARS AND ZERO CENTS), and is amended to read as follows:

Section 2. COMPENSATION.

City hereby agrees to pay Consultant a sum not to exceed $88,000.00 (EIGHTY EIGHT THOUSAND DOLLARS AND ZERO CENTS) notwithstanding any contrary indications that may be contained in Consultant's proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Exhibit A, regarding the amount of compensation, this Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement.

3. Exhibit A, Scope of Services is supplemented to include Amendment No. 1 Scope of Work Additional Work, which supplement is attached as Exhibit A hereto. “Amendment No. 1 Scope of Work Additional Work (Amendment No. 1)” is not intended to replace the original Exhibit A to the Agreement, but instead to augment and increase the scope of work listed in the original Exhibit A to the Agreement.

4. All other terms and conditions of the Agreement remain in full force and effect.

Item Title: 10.17 Design Path Studio Agreement Amendment Item Page Number: 25
Menifee Mayor and City Council March 16, 2022

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Professional Services Amendment No. 1 with Design Path Studio CITY OF MENIFEE Design Path Studio
_______________________________ _______________________________ Armando G. Villa, City Manager Geoffrey Plagemann, Owner Attest: ________________________________
Yvonne St Pierre, AIA, Owner
_______________________________
Sarah A. Manwaring, City Clerk
Approved as to Form:
_______________________________
Jeffrey T. Melching, City Attorney
Item Title: 10.17 Design Path Studio Agreement Amendment Item Page Number: 26
Menifee Mayor and City Council March 16, 2022

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Professional Services Amendment No. 1 with Design Path Studio Exhibit A: Amendment No. 1 Scope of Work Additional Work (Amendment No. 1) (See following pages for additional detail)
Item Title: 10.17 Design Path Studio Agreement Amendment Item Page Number: 27
Menifee Mayor and City Council March 16, 2022

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Professional Services Amendment No. 1 with Design Path Studio Item Title: 10.17 Design Path Studio Agreement Amendment Item Page Number: 28
Menifee Mayor and City Council March 16, 2022

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CITY OF MENIFEE
SUBJECT: Final Map and Agreements for Tract Map 37668, Sumac Ridge by Meritage Homes
MEETING DATE: March 16, 2022
TO: Mayor and City Council
PREPARED BY: Run Chen, Senior Engineer
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
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RECOMMENDED ACTION

1. Approve and authorize filing of the final map for Tract 37668 located on both east and west sides of Lindenberger Road north of Scott Road; and

2. Approve and authorize the City Manager to execute the security improvement agreements for road, drainage, water, and sewer systems to guarantee completion of required improvements; and

3. Approve and authorize the City Manager to execute a security improvement agreement for placement of monuments.

DISCUSSION
Tentative Tract Map (TTM) 37668 is a proposed subdivision of approximately 57 gross acres of land into 175 lots for residential use, located on both east and west sides of Lindenberger Road and north of Scott Road as shown on the attached project map. This Tentative Tract Map was approved and entitled by the Planning Commission on October 28, 2020. The project is required to construct road and drainage facilities that will later be owned and operated by the City.

The developer, Meritage Homes, is now requesting approval and filing of the final map and associated Security Improvement Agreements (SIA) as required by the project’s conditions of approval. The SIAs require that improvement securities be posted to guarantee the completion of the required improvements within 24 months from the City Council approval date of the final map for Tract 37668.

Staff reviewed the request and has determined that the final map and associated security agreements have met the requirements of the project conditions.

Item Title: 10.18
Final Map and Agreements for Tract Map 37668, Sumac Ridge by Meritage Homes Item Page Number: 1
Menifee Mayor and City Council March 16, 2022

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City of Menifee Staff Report
Final Map and Agreements for Tract Map 37668
March 16, 2022

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7 0
1 A summary of the bonds that are being posted to guarantee the completion of the required improvements are shown below in Tables 1-3:

Table 1 - TM 37668 Road Improvements:

Improvement Security Faithful Performance Material & Labor Road Improvements 7901078260 $4,932,500 $2,466,250
Total $4,932,500 $2,466,250

Table 2 – TM 37668 Water and Sewer Improvements:

Improvement Security Faithful Performance Material &
Labor
Water & Sewer System 30152479 $1,400,000 $700,000
Total $1,400,000 $700,000
Table 3 - TM 37668 Survey Monuments:

Improvement Security Faithful Performance Material & Labor Monument Placement 7901078274 $35,600 N/A
Total $35,600

STRATEGIC PLAN OBJECTIVE
Safe and Attractive Community
FISCAL IMPACT:

There is no fiscal impact associated with the recommended action.

ATTACHMENTS

1. Project Map

2. Security Agreement and Bonds - Road Improvements

3. Security Agreement and Bonds - Water and Sewer System Improvements

4. Security Agreement and Bond - Survey Monuments
Item Title: 10.18
Final Map and Agreements for Tract Map 37668, Sumac Ridge by Meritage Homes Item Page Number: 2
Menifee Mayor and City Council March 16, 2022

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TRACT NO. 37668

WE HEREBY STATE THAT WE ARE THE OWNERS OF THE LAND INCLUDED WITHIN THE SUBDIVISION SHOWN HEREON; THAT WE ARE THE ONLY PERSONS WHOSE CONSENT IS NECESSARY TO PASS CLEAR TITLE TO SAID LAND; THAT WE CONSENT TO THE MAKING AND RECORDING OF THIS SUBDIVISION MAP AS SHOWN WITHIN THE DISTINCTIVE BORDER LINE.

THE REAL PROPERTY DESCRIBED BELOW IS DEDICATED AS AN EASEMENT FOR PUBLIC PURPOSES:

LOT "II" (FLEETS ROAD), LOT "KK" (NORBURY ROAD), LOT "LL" (ELDERTREE STREET), LOT "MM" (GELDER CIRCLE), LOT "NN" (EARLSBURN CIRCLE), LOT "OO" (WAYLON COURT), LOT "PP" (FORGECROFT STREET), LOT "QQ" (EASTBOURNE COURT), LOT "RR" (LINECROFT COURT), LOT "SS" (HAYFORTH CIRCLE), LOT "UU" (LANESBRIDGE STREET), LOT "VV" (EAGLE ROAD), LOT "YY" AND LOT "V" (BARTON BANKS STREET), LOT "TT" (LINDENBERGER ROAD), LOT "WW" (PITMAN LANE) AND LOT "XX" (SCOTT ROAD). THE DEDICATION IS FOR PUBLIC STREET AND PUBLIC UTILITY PURPOSES.

WE ALSO HEREBY DEDICATE TO THE PUBLIC AN EASEMENT FOR PUBLIC INGRESS, EGRESS AND EMERGENCY ACCESS OVER LOTS "T", "U" AND "Z".

WE ALSO HEREBY DEDICATE TO THE CITY OF MENIFEE AN EASEMENT ACROSS LOTS "A", "W" AND "X" FOR DRAINAGE PURPOSES.

WE ALSO HEREBY GRANT IN FEE TO THE CITY OF MENIFEE THE FOLLOWING FOR PUBLIC PURPOSES:

LOTS "B" AND "F".

THE REAL PROPERTY DESCRIBED BELOW IS DEDICATED AS AN EASEMENT FOR PUBLIC PURPOSES: TO EASTERN MUNICIPAL WATER DISTRICT (“DISTRICT”), A PUBLIC AGENCY OF THE STATE OF

CALIFORNIA, ITS SUCCESSORS AND ASSIGNS, A PERPETUAL EASEMENT AND RIGHT OF WAY TO

CONSTRUCT, MAINTAIN, ENLARGE, RECONSTRUCT, REMOVE AND REPLACE, OPERATE, INSPECT,

REPAIR, IMPROVE AND RELOCATE SEWER, WATER, AND RECYCLED WATER FACILITIES, ALL AS SHOWN ON THIS MAP WITHIN THE SUBDIVISION AND DESIGNATED “SEWER, WATER, AND RECYCLED WATER EASEMENT” HEREON, TOGETHER WITH THE RIGHT OF ACCESS TO AND FROM SAID EASEMENT FOR THE PURPOSE OF EXERCISING THE RIGHTS GRANTED IN SAID EASEMENT. OWNER

RETAINS THE RIGHT TO USE THE EASEMENT AREA PROVIDED THAT OWNER SHALL NOT CONSTRUCT

OR ERECT BUILDINGS, MASONRY WALLS, MASONRY FENCES AND OTHER STRUCTURES OR

IMPROVEMENTS, OR PLANT OR GROW TREES OR SHRUBS, OR CHANGE THE SURFACE GRADE OR INSTALL PRIVATELY-OWNED PIPELINES WITHOUT THE PRIOR WRITTEN CONSENT OF DISTRICT.

WE ALSO HEREBY RESERVE UNTO OURSELVES, OUR SUCCESSORS, OUR ASSIGNEES AND LOT OWNERS WITHIN THIS TRACT LOTS "T", "U", AND "Z" FOR PRIVATE UTILITIES AND DRIVEWAY ACCESS.

WE HEREBY RETAIN OPEN SPACE LOTS "A" AND "C", AS SHOWN HEREON FOR PRIVATE USE, FOR THE SOLE BENEFIT OF OURSELVES, OUR SUCCESSORS AND ASSIGNEES.

WE ALSO HEREBY RETAIN LOTS "D", "E", "G" THROUGH "S" INCLUSIVE, "Y", "AA" THROUGH "HH" INCLUSIVE AND "JJ" AS SHOWN HEREON FOR LANDSCAPE MAINTENANCE, FOR THE SOLE BENEFIT OF OURSELVES, OUR SUCCESSORS AND ASSIGNEES.

WE ALSO HEREBY RETAIN AN EASEMENT OVER LOTS "B" AND "F" AS SHOWN HEREON FOR DRAINAGE PURPOSES, FOR THE SOLE BENEFIT OF OURSELVES, OUR SUCCESSORS AND ASSIGNEES.

WE ALSO RETAIN DRAINAGE BASIN LOTS "W" AND "X", AS SHOWN HEREON FOR DRAINAGE PURPOSES, FOR THE SOLE BENEFIT OF OURSELVES, OUR SUCCESSORS AND ASSIGNEES.

OWNER: MERITAGE HOMES OF CALIFORNIA, INC., A CALIFORNIA CORPORATION BY:

AARON TALARICO / VP FORWARD PLANNING
MICHAEL J. KNAPTON, L.S. 8012
BY:

DATED:

THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON A FIELD SURVEY IN

CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE AT THE REQUEST OF MLC HOLDINGS, INC. IN JUNE OF 2020. I HEREBY STATE THAT ALL MONUMENTS ARE OF

CHARACTER AND OCCUPY THE POSITIONS INDICATED, OR THAT THEY WILL BE SET IN ACCORDANCE WITH

THE TERMS OF THE MONUMENT AGREEMENT FOR THE MAP AND THAT THE MONUMENTS ARE, OR WILL BE,

SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED, AND THAT THIS FINAL MAP SUBSTANTIALLY CONFORMS TO THE CONDITIONALLY APPROVED TENTATIVE MAP. THE SURVEY IS TRUE AND COMPLETE AS SHOWN.

THIS MAP CONFORMS TO THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCES. I

HEREBY STATE THAT THIS MAP HAS BEEN EXAMINED BY ME OR UNDER MY SUPERVISION AND THAT I AM SATISFIED THAT THIS MAP IS TECHNICALLY CORRECT.

DATE: ____________________, 20_____
BY ________________________________________
DENNIS W. JANDA P.L.S. 6359

CITY SURVEYOR, CITY OF MENIFEE

THE CITY OF MENIFEE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, BY ITS COUNCIL, HEREBY APPROVES THE TRACT NO. 37668 AND ACCEPTS THE OFFERS OF DEDICATION MADE HEREON FOR PUBLIC STREET AND PUBLIC UTILITY PURPOSES. THE COUNCIL DECLARES THE ACCEPTANCE OF THE OFFERS IS TO VEST TITLE IN THE

CITY ON BEHALF OF THE PUBLIC FOR SAID PURPOSES BUT THAT SAID STREETS SHALL NOT BECOME PART OF THE CITY MAINTAINED STREET SYSTEM UNTIL ACCEPTED BY THE CITY PURSUANT TO SECTION 941 OF THE STREETS AND HIGHWAYS CODE.

THE EASEMENTS FOR STREET AND PUBLIC UTILITY PURPOSES LOT "II" (FLEETS ROAD), LOT "KK" (NORBURY ROAD), LOT "LL" (ELDERTREE STREET), LOT "MM" (GELDER CIRCLE), LOT "NN" (EARLSBURN CIRCLE), LOT "OO" (WAYLON COURT), LOT "PP" (FORGECROFT STREET), LOT "QQ" (EASTBOURNE COURT), LOT "RR" (LINECROFT COURT), LOT "SS" (HAYFORTH CIRCLE), LOT "UU" (LANESBRIDGE STREET), LOT "VV" (EAGLE ROAD), LOT "YY" AND LOT "V" (BARTON BANKS STREET), LOT "TT" (LINDENBERGER ROAD), LOT "WW" (PITMAN LANE) AND LOT "XX" (SCOTT ROAD).

THE DEDICATION OF EASEMENT FOR DRAINAGE PURPOSES OVER LOTS "A", "W" AND "X".

THE DEDICATION OF EASEMENT FOR PUBLIC PURPOSES OVER LOTS "B" AND "F".

THE EASEMENT OVER LOTS "T", "U" AND "Z" FOR PUBLIC INGRESS, EGRESS AND EMERGENCY VEHICLE ACCESS.

DATED: ____________________, 20_____

CITY CLERK, CITY OF MENIFEE

RIVERSIDE COUNTY, CALIFORNIA

I HEREBY CERTIFY THAT ACCORDING TO THE RECORDS OF THIS OFFICE, AS OF THIS DATE, THERE ARE NO

LIENS AGAINST THE PROPERTY SHOWN ON THE WITHIN MAP FOR UNPAID STATE, COUNTY, MUNICIPAL, OR

LOCAL TAXES, OR SPECIAL ASSESSMENTS COLLECTED AS TAXES, EXCEPT TAXES OR SPECIAL ASSESSMENTS

COLLECTED AS TAXES NOW A LIEN BUT NOT YET PAYABLE, WHICH ARE ESTIMATED TO BE $________________.

DATE: ____________________, 20_____

MATTHEW JENNINGS, COUNTY TAX COLLECTOR
BY: ___________________________________________ , DEPUTY

LOT INFORMATION
NUMBERED LOTS = 175
LETTERED LOTS = 51
NET ACRES = 58.805 ACRES
GROSS ACRES = 59.042 ACRES

I HEREBY STATE THAT THE SEWER, WATER AND RECYCLED WATER EASEMENTS DEDICATED ON THIS

MAP TO THE EASTERN MUNICIPAL WATER DISTRICT ARE HEREBY ACCEPTED AND THE DISTRICT CONSENTS TO THE RECORDATION THEREOF BY ITS DULY AUTHORIZED OFFICER.

SHEILA ZELAYA DATE

SECRETARY OF THE EASTERN MUNICIPAL WATER DISTRICT

AND THE BOARD OF DIRECTORS THEREOF

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 _________________________
)
COUNTY OF ______________________ )
ON _______________ BEFORE ME, __________________________________________ , A NOTARY PUBLIC PERSONALLY APPEARED___________________________________________________________________ __________________________________________________________________________________________

WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE

NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT

HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY(IES), AND THAT BY

HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT.

I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT.

WITNESS MY HAND.

SIGNATURE _____________________________________ MY PRINCIPAL PLACE OF BUSINESS IS IN _____________________________
COUNTY
______________________________________ MY COMMISSION EXPIRES ___________ (NAME PRINTED), NOTARY PUBLIC IN AND
FOR SAID STATE MY COMMISSION NUMBER ___________
SS
I HEREBY CERTIFY THAT A BOND IN THE SUM OF $__________________________ HAS BEEN EXECUTED

AND FILED WITH THE BOARD OF SUPERVISORS OF THE COUNTY OF RIVERSIDE, CALIFORNIA,

CONDITIONED UPON THE PAYMENT OF ALL TAXES, STATE, COUNTY, MUNICIPAL, OR LOCAL, AND

ALL SPECIAL ASSESSMENTS COLLECTED AS TAXES, WHICH AT THE TIME OF FILING OF THIS MAP WITH

THE COUNTY RECORDER ARE A LIEN AGAINST SAID PROPERTY BUT NOT YET PAYABLE AND SAID BOND HAS BEEN DULY APPROVED BY SAID BOARD OF SUPERVISORS.

DATE: _________________________________, 20__________

CASH OR SURETY BOND

MATTHEW JENNINGS

COUNTY TAX COLLECTOR

RECORDER'S STATEMENT
FILED THIS _____ DAY OF _____________ , 20___ , AT ________ .M, IN BOOK _______ OF MAPS, AT PAGES ____________ , AT THE REQUEST OF THE CITY CLERK OF THE CITY OF MENIFEE.

NO. ____________________
FEE: ____________________

PETER ALDANA,

ASSESSOR - COUNTY CLERK - RECORDER
BY: ____________________________ , DEPUTY
SUBDIVISION GUARANTEE: CHICAGO TITLE COMPANY
PURSUANT TO SECTION 66434 (G) OF THE SUBDIVISION MAP ACT, THE FILING OF THIS TRACT MAP

CONSTITUTES ABANDONMENT OF THOSE CERTAIN OFFERS OF DEDICATION FOR PUBLIC RIGHT-OF-WAY SHOWN AS LOT "B" PER PARCEL MAP NO. 6904 FILED IN BOOK 21, PAGE 10 OF PARCEL MAPS, AND LOT "B" PER PARCEL MAP NO. 6743, FILED IN BOOK 22, PAGE 37 OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.

I HEREBY STATE THAT I HAVE EXAMINED THE WITHIN MAP; THAT THE SUBDIVISION AS SHOWN HEREON IS SUBSTANTIALLY THE SAME AS IT APPEARED ON THE TENTATIVE MAP OF TRACT NO. 37668, APPROVED BY THE MENIFEE CITY COUNCIL ON OCTOBER 28, 2020 AND ANY APPROVED ALTERATION THEREOF. THAT THE

PLANS FOR THE DRAINS, DRAINAGE WORKS AND SEWERS SUFFICIENT TO PROTECT ALL LOTS IN THE SUBDIVISION FROM FLOODS HAVE BEEN APPROVED. THAT A COMPLETE SET OF PLANS FOR THE

CONSTRUCTION OF ALL REQUIRED IMPROVEMENTS HAS BEEN FILED WITH THE COMMUNITY DEVELOPMENT

DEPARTMENT AND THAT THE SAME HAVE BEEN CHECKED AND APPROVED AND THAT ALL IMPROVEMENTS

HAVE BEEN COMPLETED IN ACCORDANCE WITH THE APPROVED PLANS OR THAT THE SUBDIVIDER HAS

ENTERED INTO AGREEMENT WITH THE CITY OF MENIFEE COVERING COMPLETION OF ALL IMPROVEMENTS

AND SPECIFYING THE TIME FOR COMPLETING THE SAME AS MAY BE REQUIRED BY THE CONDITIONS OF APPROVAL DATED OCTOBER 28, 2023.

DATE: ____________________, 20_____
BY: ______________________________________________
YOLANDA MACALALAD, R.C.E. 68190

CITY ENGINEER, CITY OF MENIFEE
R.C.E. 68190
SECTION 13, TOWNSHIP 6 SOUTH, RANGE 3 WEST
Item Title: 10.18 Final Map and Agreements for Tract Map 37668, Sumac Ridge by Meritage Homes Item Page Number: 3
Menifee Mayor and City Council                                                                               March 16, 2022 Page 295 of 611

TRACT NO. 37668

GEODETIC NORTH
-0°29'39.85"
C.G.F. : 0.99990229"POINT A"
1 1
2 "POINT A", M7
N: 2 178 884.390
E: 6 287 844.750
"POINT B", M8
N: 2 179 543.585
E: 6 287 850.390
"BILL"
N: 2 154 994.964
E: 6 313 564.161

VICINITY MAP
N.T.S.

GRID TIE DIAGRAM
N.T.S.
"PPBF"
N: 2 248 987.062
E: 6 278 618.647

THE BASIS OF BEARINGS FOR THIS SURVEY IS THE CALIFORNIA STATE PLANE COORDINATE SYSTEM CCS83, ZONE 6, BASED LOCALLY ON CONTROL STATIONS "PPBF", "BILL" NAD 83 (NGS), AND "P476" NAD 83 (NSRS2011) EPOCH 2010.00 AS SHOWN HEREON. ALL BEARINGS SHOWN ON THIS MAP ARE GRID. QUOTED

BEARINGS AND DISTANCES FROM REFERENCE MAPS OR DEEDS ARE AS SHOWN PER THAT RECORD REFERENCE. ALL DISTANCES SHOWN ARE GROUND DISTANCES UNLESS SPECIFIED OTHERWISE. GRID DISTANCES, MAY BE OBTAINED

BY MULTIPLYING THE GROUND DISTANCE BY A COMBINATION FACTOR OF

0.99990229. CALCULATIONS ARE MADE AT "POINT A" WITH COORDINATES OF N: 2 178 884.390, E: 6 287 844.750, USING AN ELEVATION OF 1494'. "P476"
N: 2 104 886.613
E: 6 275 015.630
N47°06'45"W 35,106.03'(35,102.60' GRID)
N00°29'25"W
659.28'
(659.22' GRID)
(35,550.43' GRID)
N46°19'41"W 35,553.90'
( )
S.F.N.

FD
MKD
BD
CL OR
REC.

ESTAB.

INDICATES THE BOUNDARY OF THE LAND BEING

SUBDIVIDED BY THIS MAP

CORS STATION SYMBOL

INDICATES FOUND MONUMENT AS NOTED HEREON

INDICATES RECORD DATA

SEARCHED, FOUND NOTHING
FOUND
MARKED

BRASS DISK

CENTERLINE
RECORD

ESTABLISHED

AN EASEMENT FOR SLOPE AND DRAINAGE IN FAVOR OF COUNTY OF RIVERSIDE RECORDED 11/24/2004 AS DOC. NO. 2004-0937149, O.R.

A SEWER, WATER AND RECYCLED WATER EASEMENT DEDICATED HEREON TO THE EASTERN MUNICIPAL WATER DISTRICT.

AN EASEMENT FOR PRIVATE UTILITIES AND DRIVEWAY ACCESS RESERVED HEREON.

AN EASEMENT FOR DRAINAGE PURPOSES DEDICATED HEREON TO THE CITY OF MENIFEE.

1. INDICATES SET 1" IP W/TAG "LS 8012", FLUSH (RIV.CO. STD. "B" MON.)

2. INDICATES SET 1" IP & TAG "LS 8012", FLUSH, IN THE GROUND OR IN ASPHALT OR A NAIL AND TAG "LS 8012" IN CONCRETE.

3. SET 1"IP WITH "L.S. 8012" TAG, FLUSH AT ALL LOT CORNERS, ANGLE POINTS IN SIDE OR REAR LOT LINES, AND ANGLE POINTS IN SUBDIVISION BOUNDARY.

4. ALL MONUMENTS SHOWN AS "SET" SHALL BE SET PER RIVERSIDE COUNTY ORDINANCE 461.21, AND IN ACCORDANCE WITH THE TERMS OF THE MONUMENT AGREEMENT FOR THIS MAP.

SEE SHEET 3 FOR FOUND MONUMENT NOTES AND RECORD DATA.
(70054.42' GRID)
N7°34'21"W 70061.27'
N7°29'51"W 70714.09'
(70707.18' GRID)N9°50'09"E 75759.59'
(75101.65' GRID)
(75752.19' GRID)
N9°45'17"E 75759.59'
N37°34'16"E 63226.72'
(63220.54' GRID)
(100278.13' GRID)
N20°23'41"W 100287.93'

PROJECT
SITE

SCOTT RD

GARBANI RD

LINDENBERGER RD

BRIGGS RD

HALEBLIAN RD

MENIFEE RD

HAUN RD

WICKERD RD

LORETTA AVE

ANTELOPE RD

THE ENVIRONMENTAL CONSTRAINT SHEET AFFECTING THIS MAP IS ON FILE

AT THE CITY OF MENIFEE PUBLIC WORKS AND ENGINEERING DEPARTMENT, IN E.C.S. BOOK ___________, PAGE __________.

N1°25'56"E 144159.58'
(144145.49' GRID)
3 THIS MAP IS WITHIN THE BOUNDARY OF CFD ______________.

C.C.R.'S PER INSTRUMENT NO. ___________________, REC. ______-______-20_____, O.R.

Item Title: 10.18 Final Map and Agreements for Tract Map 37668, Sumac Ridge by Meritage Homes Item Page Number: 4
Menifee Mayor and City Council                                                                               March 16, 2022 Page 296 of 611

54.72'
L5
L2 L1
N89°24'00"W
272.56'
(N89°52'50"W 272.48' R9)

15.00'
N89°33'08"W 2584.83' (N89°33'30"W 2584.84' R1) (N89°57'10"E 2584.90' R2&R3) 1292.42' (N89°57'10"E 1292.45' R2)
N45°37'35"E 32.42'
(N45°05'08"E 32.45' R3)
N00°42'44"E 1240.79'
(N00°13'07"E 1240.61' R3)
L8
N89°24'00"W 588.13'
(N89°52'50"W 587.95' R4)
N44°19'50"W 32.53'
(N44°49'52" W 32.56' R4)
N00°42'44"E 1240.60'
(N0°13'07"E 1240.52' R4)
659.33'
(N00°14'40"W 659.62' R1)
(N00°14'40"W 659.40' R2)
N00°14'01"E 1318.66' (N00°14'40"W 1318.97' R1) (N00°14'40"W 1318.80' R2) 737.61'
457.54'
N89°31'42"W 1295.12'
(N89°57'22"E 1295.12' R2)(N89°32'39"W 1295.18' R1)

54.92'
N89°32'55"W 1225.76'
(N89°57'10"E 1225.79' CFR3)
N89°31'35"W 1298.07' (N89°31'47"W 1297.93' R1)
N00°29'25"E 659.28'
(N00°28'39"E 659.28' R1)
N00°28'18"E 20.02' N00°28'18"E 20.05'
N00°43'42"E 1318.56'
(N00°15'01"E 1318.35' R5) 44.00'
611.23'
(S89°37"27'E 611.45' R4)
C3
N45°05'10"W

27.79'
1264.40'
N00°42'56"E 1320.45'
(N00°14'34"E 1320.34' R5)
L3L4L6
N89°24'00"W 1310.09'
(N89°52'50"W 1309.94' R4)
327.40'
272.56'
573.86'
629.28'

99.97'
N00°28'04"E 658.78'
1248.11' 49.96'
C2
C1
1292.41' (N89°57'10"E 1292.45' R2&R3)
659.33'
(N00°14'18"E 659.35' R1)
(N00°14'40"W 659.40' R2)
(N0°00'46" W 659.03' CFR1)
L7
N00°29'25"E
689.30'
N89°34'14"W 1953.01'
655.23' 44.00'
1297.78'
(N89°57"34'E 1297.78' R3)
N00°42'44"E 1318.50' (N0°13"07'E 1318.50' R3&R4)
1238.78'
N00°42'56"E
1320.45'
(N00°14'34"E 1320.34' R5)
R=300.00'
L=107.38'
Δ=20°30'26"
1318.56'
N00°43'42"E
(N00°15'01"E 1318.35' R5)

1.05'1264.40'
N89°33'42"W
655.28'
573.86' 629.28'
N00°29'25"E
659.28'
(N00°28'39"E 659.28' R1)
N89°31'42"W 1295.11'
N00°28'04"E
658.78'
(N00°28'39"E)
(30.00' R1)
(30.00') (30.00')
(N00°28'39"E)
(30.00' R1)
L9
655.15'
N89°24'00"W 1310.09'
(N89°52'50"W 1309.94' R4)
N89°33'08"W 2584.83'
N00°42'44"E
1318.50'
(N0°13'07"E 1318.50' R3&R4)
272.56'
1292.41'
(N89°57'10"E 1292.45'' R2&R3)
N45°37'35"E 32.42'
(N45°05'08"E 32.45' R3)
N44°19'50"W 32.53'
(N44°49'52" W 32.56' R4)
N00°42'44"E
1240.79'
(N00°13'07"E 1240.61' R3)
N00°42'44"E
1240.60'
(N0°13'07"E 1240.52' R4)
N89°32'55"W 1225.76'
(N89°57'10"E 1225.79' CFR3)
N89°24'00"W 588.13'
(N89°52'50"W 587.95' R4)

CURVE DATA TABLE
-
C1
C2
C3

RADIUS (M)
300.00'
300.00'
300.00'

LENGTH (M)
107.38'
124.30'
231.67'

DELTA (M)
∆=20°30'26"
∆=23°44'20"
∆=44°14'46"
RADIUS (R) LENGTH (R) DELTA (R)REF.
300.00'300.00'
231.58'
44°13'40"
CFR5
124.30'
23°44'20"
CFR5
300.00'
107.28'
20°29'21"
CFR5
37'

LINE DATA TABLE
-
L1
L2
L3
L4
L5
L6
L7
L8
L9

BEARING (M)
N00° 36' 00"E
N89° 24' 00"W
N00° 36' 00"E
N00° 36' 00"E
N89° 24' 00"W
N00° 36' 00"E
N00° 36' 00"E
N00° 42' 56"E
N89° 24' 00"W

LENGTH (M)

55.00'
327.55'

55.98'

55.54'
272.67'

55.13'

55.00'

55.19'
BEARING (R) LENGTH (R)REF.
327.65'R11
272.69'R11

55.00'R5 N00°15'56"E

55.19'R9 N89°52'50"W
TRACT NO. 37668

IN THE CITY OF MENIFEE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA BEING A SUBDIVISION OF A PORTION OF PARCEL 1 AND PARCELS 2 THROUGH 4, INCLUSIVE, OF PARCEL MAP NO. 6904, AS PER MAP RECORDED IN BOOK 21, PAGE 10, OF PARCEL MAPS, TOGETHER WITH PARCEL 3 OF PARCEL MAP NO. 6743 AS PER MAP RECORDED IN BOOK 22, PAGE 37, OF PARCEL MAPS, BOTH RECORDS OF RIVERSIDE COUNTY, LYING WITHIN SECTION 13, TOWNSHIP 6 SOUTH, RANGE 3 WEST KIMLEY-HORN AND ASSOCIATES, INC FEBRUARY 2021 R1 TR. NO. 29409, M.B. 358/50-51
R2 PM NO. 9998, P.M.B. 46/51
R3 PM NO. 6904, P.M.B. 21/10
R4 PM NO. 6743, P.M.B. 22/37
R5 TR. NO. 29259, M.B. 363/5-16
R6 CR 10-0501
R7 CERTIFICATE OF CORRECTION
DOC. NO. 2008-0625776 REC. 11/25/2008
R8 CR 10-0500
R9 PM NO. 9614, P.M.B. 43/76
R10 CR 19-0121
R11 CR 10-0499
M1
M2
M3
M4
M5
M6
M7
M8
M9
M10
M11
M12
M13
M14
M15
M16
M17
M18
M19
M20
M21
M22
M23
M24
FD 1" IP W/COPPERWELD MON MKD "LS 6654" FLUSH PER R7. ACCEPTED AS CL INT OF LORETTA AVE AND MENIFEE RD.

FD 1" IP W/COPPERWELD MON MKD "LS 6654" FLUSH PER R7. ACCEPTED AS POINT ON CL OF LORETTA AVE 50.00' FROM CL INT OF MENIFEE RD.

S.F.N. ESTABLISHED AT MIDPOINT PER R2.

FD 1" IP W/NAIL DN 2" AND (4) TIES PER R3. ACCEPTED AS CL INT OF MENIFEE RD AND SCOTT RD.

FD L&D MKD "LS 6654" FLUSH PER R7. NOT USED SHOWN FOR
REFERENCE ONLY.

FD 1" IP W/COPPERWELD MKD "LS 6654" FLUSH PER R7. NOT ACCEPTED.

MONUMENT FALLS S84° 39' 47"W (0.05' M&R7) FROM TRUE POSITION.

FD 1" IP W/COPPERWELD MKD "LS 6654" FLUSH PER R7. ACCEPTED AS INT OF W'LY LINE OF R3 WITH CL OF EAGLE RD.

FD 1" IP W/COPPERWELD MKD "LS 6654" FLUSH PER R7. ACCEPTED AS NE COR. R1.

FD 1" IP W/COPPERWELD MKD "LS 6654" FLUSH PER R7. NOT ACCEPTED.

MONUMENT FALLS S10° 49' 35"E 0.19' (0.22' R7)FROM TRUE POSITION.

SW COR. R3 ESTABLISHED BY FD (4) TIES PER R8.

FD 1" IP W/DISK ILLEG. DN 1.3', IN LIEU OF 1" IP W/DISK MKD "LS 3698" PER R9. ACCEPTED AS NW COR. PARCEL 1, R9.

FD 1" IP W/NAIL DN 10", IN LIEU OF 1" IP W/DISK MKD "LS 3698" PER R9.

ACCEPTED AS NE COR. PARCEL 1, R9.

S.F.N. N 1
4 COR. SEC. 24 ESTABLISHED BY REC. ANGLE AND DISTANCE
PER R9 FROM M10.

FD 1" IP MKD "LS 3365", DN 3" PER R4. ACCEPTED AS NW CORNER PARCEL 3, R4.

FD 1" IP W/PP MKD "LS7504", DN 3" PER R5. ACCEPTED AS BC/EC OF BARTON BANKS RD WITH INTERSECTION E'LY LINE OF R4.

S.F.N. NE CORNER PARCEL 3, R4 ESTABLISHED AT 1.05' N'LY FROM M14, PER R4.

FD 1" IP W/PP MKD "LS7504", FLUSH PER R5. ACCEPTED AS INT OF BARTON BANKS RD WITH LEMON DROP STREET.

FD 1" IP W/PP MKD "LS7504", FLUSH PER R5. ACCEPTED AS BC/EC OF BARTON BANKS RD.

FD 1" IP W/PP MKD "LS7504", FLUSH PER R5. ACCEPTED AS INT OF BARTON BANKS RD WITH LAMTARRA LOOP.

FD 1" IP W/PP MKD "LS 8509" DN 6" PER R10. NOT ACCEPTED. SEE SURVEYOR'S NOTE.

FD 1" IP W/PP MKD "LS 8509" DN 3" PER R10. NOT ACCEPTED. SEE SURVEYOR'S NOTE.

FD 1" IP W/PP MKD "LS 8509" FLUSH PER R10. NOT ACCEPTED. SEE SURVEYOR'S NOTE.

FD 1" IP W/DISK, ILLEG. FLUSH IN LIEU OF 1" IP W/DISK MKD "LS 7083 PER R11. FITS TIES. ACCEPTED AS CL INT SCOTT RD AND MIRA ST.

FD 1" IP W/PP MKD "LS 7504", DN 4" PER R5. ACCEPTED AS NW COR. R5 S.F.N., ESTAB. BY DISTANCE-DISTANCE INTERSECTION FROM M8 AND M12 PER R3.

M1M2
M3
M4
M5
M7
M6
M8
M9
M10M11
M12
M13

PROCEDURE OF SURVEY
M14
M15
M23 S.F.N.

DETAIL "B"

NOT TO SCALE
SEE DETAIL "B"

THIS SHEET
SEE DETAIL "A"

THIS SHEET
DETAIL "A"

NOT TO SCALE
M5
M18
M17
M20 M19M21
M16
M22
R10 DOES NOT REFLECT THE ANGLE POINT AT THE N. 1
4 CORNER OF SECTION 24
AS SHOWN ON R3, R9 AND PM 44/76. THIS PROCEDURE OF SURVEY SHOWS AN ANGLE POINT AT SAID 1
4 CORNER THEREFORE MONUMENTS PER R10 DO NOT FIT
THE 55' OFFSET TO THE CENTERLINE OF SCOTT ROAD.

DETAIL "C"

NOT TO SCALE
SEE DETAIL "C"

THIS SHEET
M12
88'
44'
44'
55'
60'
NORTH
LOT "A" DEDICATED AND
ACCEPTED PER R3
55'
55' WIDE LOT "A"
DEDICATED AND ACCEPTED PER R4
LOT "B" DEDICATED PER R3,

NOT ACCEPTED BY COUNTY

ABANDONED HEREON
LOT "B" DEDICATED PER R4, NOT

ACCEPTED BY COUNTY

ABANDONED HEREON
15'ROAD AND UTILITY CONDEMNATION TO
RIVERSIDE COUNTY PER INST. NO.
2004-0937149, O.R., REC. 11/24/2004
15'
SEE SHEET 2 FOR BASIS OF BEARINGS
AND EASEMENT NOTES.

N'LY LINE OF R3
S.F.N.S.F.N.

S.F.N.S.F.N.

N'LY LINE OF R3
S.F.N.S.F.N.

M24
S.F.N.

S.F.N.

Item Title: 10.18 Final Map and Agreements for Tract Map 37668, Sumac Ridge by Meritage Homes Item Page Number: 5
Menifee Mayor and City Council                                                                               March 16, 2022 Page 297 of 611

TRACT NO. 37668

SHEET INDEX MAP

INDICATES THE BOUNDARY OF THE LAND BEING

SUBDIVIDED BY THIS MAP

INDICATES SHEET LIMITS

INDICATES SHEET NUMBERX
56 8
7 9
11 12
13 14
NORTH
8 7
10 9
11 12
13 14
10 56

INDICATES LAST LOT
SEE DETAIL "D"
SHEET 6
Item Title: 10.18 Final Map and Agreements for Tract Map 37668, Sumac Ridge by Meritage Homes Item Page Number: 6
Menifee Mayor and City Council                                                                               March 16, 2022 Page 298 of 611

85 7282 SQ. FT.
86 5941 SQ. FT.
87 5951 SQ. FT.
88 5931 SQ. FT.
42 6250 SQ. FT.
55 6250 SQ. FT.
54 6250 SQ. FT.
43 6250 SQ. FT.
53 6250 SQ. FT.
44 6250 SQ. FT.
52 6250 SQ. FT.
45 6250 SQ. FT.
46 6250 SQ. FT.
51 6250 SQ. FT.
50 6250 SQ. FT.
47 6250 SQ. FT.
80 6314 SQ. FT.
75 6379 SQ. FT.
76 6368 SQ. FT.
77 6358 SQ. FT.
78 6347 SQ. FT.
79 6336 SQ. FT.
81 5999 SQ. FT.
82 7376 SQ. FT.
84 10358 SQ. FT.
906.31'
N00°28'18"E 1087.63'
762.71'

50.00'

50.00'
N80°14'05"E 2.63'
R=100.00' L=17.87' Δ=10°14'13"

50.00'50.00'

35.00'50.00'50.00'50.00' 50.00'
125.00' 125.00'
125.00' 125.00'
125.00'
125.00'
125.00'
125.00'
125.00'
100.00'

50.00' 50.00'
N89°31'42"W 127.47'
N89°24'00"W 655.15'

50.00'50.00'
N89°31'42"W 250.00'
N89°31'42"W 250.00'
N89°31'42"W 250.00'
N89°31'42"W 250.00'
N89°31'42"W 250.00'
N89°31'42"W 250.00'
N89°31'42"W 250.00'
N89°24'39"E(R)
N39°47'23"W(R)
N12°06'09"W(R)

30.00'

30.00'
100.60'
N47°17'55"W(R)
100.60'

83.00'

61.01'

60.00'

50.00'

50.00'
170.19' 65.00' 50.00' 50.00'
N00°28'18"E 117.04'

37.92'

41.04'
N79°17'28"W
L=27.87' Δ=22°48'41"
L=33.83'
Δ=27°41'14"
L=9.17' Δ=7°30'32"
L=11.21'
Δ=9°10'34"

60.62'50.38'
N00°28'18"E 119.07'

29.16' 50.00' 29.64'
R=100.00'
L=17.87' Δ=10°14'14"
N00°28'18"E 118.96'
N00°28'18"E 116.79'

60.00'50.00'50.00'

35.00'50.00'50.00'
N00°28'18"E 808.31'
N00°28'18"E 796.31'
125.00'
125.00'
125.00'
125.00'
125.00'
N89°31'42"W 200.00' N44°31'42"W

35.36'
N89°31'42"W 127.69'

50.00'
N00°28'18"E 942.06'

50.00'
N89°31'42"W 124.54'
N09°45'55"W

41.04'39.48'
N89°31'42"W 126.62'
N89°31'42"W 127.26'
N89°31'42"W 127.05'
N89°31'42"W 126.84'
140.45' 30.00'
N00°28'18"E 65.29'
N44°31'42"W

16.48'
N89°31'42"W 122.45'
N89°31'42"W 116.21'
N00°42'56"E 1320.45'

50.00' 30.70'

50.00' 50.00'
100.00'

50.00'50.00'
N00°28'18"E
846.31'
N89°24'00"W 598.14'
N89°31'42"W 170.45'
N00°28'18"E 111.00'

1.56'

3.12'
N89°31'42"W 108.80'
R=70.00'L=134.97'Δ=110°28'27"

55.00'

30.00'

55.00'

55.00'
100.60'
N89°31'42"W 310.00'
N00°28'18"E 906.31'

30.00'
R=100.00'
L=17.87' Δ=10°14'14"
L=52.89'
Δ=43°17'26"
597.97'
108.80'
N89°31'42"W(R)
83 10247 SQ. FT.
48 7188 SQ. FT.

35.35 '
N45°28'18"E
N00°28'18"E(R)
TRACT NO. 37668

PARCEL DETAIL
SEE SHEET 2 FOR BASIS OF BEARINGS AND EASEMENT NOTES.

SEE SHEET 3 FOR MONUMENT NOTES AND RECORD DATA.
2 SEE SHEET 7
SEE SHEET 6
7188 SQ. FT.

NORTH
60'
30'30'
60'
30'30'
30'
83'
49 Item Title: 10.18 Final Map and Agreements for Tract Map 37668, Sumac Ridge by Meritage Homes Item Page Number: 7
Menifee Mayor and City Council                                                                               March 16, 2022 Page 299 of 611

62 7914 SQ. FT.
61 8750 SQ. FT.
36 8750 SQ. FT.
60 8750 SQ. FT.
37 8750 SQ. FT.
38 8750 SQ. FT.
59 8750 SQ. FT.
58 8750 SQ. FT.
39 8750 SQ. FT.
57 8750 SQ. FT.
40 8750 SQ. FT.
56 7500 SQ. FT.
41 7500 SQ. FT.
74 6390 SQ. FT.
66 9103 SQ. FT.
69 9041 SQ. FT.
70 9020 SQ. FT.
71 8999 SQ. FT.
72 8978 SQ. FT.
73 6400 SQ. FT.
64 8004 SQ. FT.
63 7717 SQ. FT.
181.33' 906.31'
479.31'
126.46'
N00°28'18"E 1087.63'
762.71'

44.98'

83.49'

50.00'

60.00'70.00'

60.00'70.00'
125.00' 125.00'
125.00' 125.00'

50.00'50.00'
N89°31'42"W 127.90'
N89°31'42"W 128.11'
N00°28'18"E 846.31'
N89°31'42"W 250.00'
N89°31'42"W 250.00'

67.00' 70.00'
N89°31'42"W 166.40'L3
N00°28'18"E 93.30'
N89°33'41"W 322.06'

70.00'

70.00'
N00°42'56"E 1320.45'

30.96'
125.00' 125.00'

70.00'70.00'70.00'70.00'76.31'
112.00'
N89°31'42"W 212.00'

70.00'70.00'70.00'
N00°28'18"E 808.31'

70.00'63.31'
N00°28'18"E 796.31'

70.00'70.00' 70.00'70.00'51.31'
N45°28'18"E35.36'
125.00' 125.00'
125.00' 125.00'
125.00' 125.00'
125.00' 125.00'
N89°31'42"W 127.69'

70.00'70.00'
N00°28'18"E 942.06'

70.00' 70.00'70.00'70.00' 70.00'71.37'
N89°31'42"W 129.90'
N89°31'42"W 130.20'
N89°31'42"W 129.60'
N89°31'42"W 129.30'
N89°31'42"W 129.01'
N89°31'42"W 128.71'
N89°31'42"W 128.41'
N00°28'18"E 119.22'
N89°33'41"W 117.56'
L1
137.00'

74.43'
100.00'
N89°31'42"W 250.00'
N89°31'42"W 250.00'
N89°31'42"W 250.00'
N89°31'42"W 250.00'
N89°31'42"W 250.00'

43.00'43.00'

30.00'

30.00'30.00'43.00'

32.00'

30.00'

43.02'42.98'

30.00'

55.00'

55.00'
N89°31'42"W 310.00'
N00°28'18"E 906.31'
100.60'

30.00'
185.06'

29.40'
100.60'
L2
N89°33'41"W 133.27'

70.00'63.27'

9.00'
110.22'

8.49'

9.89'
N00°28'18"E 98.42'
N58°22'56"W 11.37'
N00°28'18"E 110.26'
N89°33'41"W 127.53'

14.15'10.00'

4.23'
N89°33'41"W 655.28'
494.59'

32.00'
322.06'
68 9061 SQ. FT.
67 9082 SQ. FT.
65 9693 SQ. FT.

N44°31'42"W 18.38'
N89°31'42"W 125.00'

63.31'

13.00'

30.00'
166.40'

0.05'

45.03'
126.46'
N89°33'41"W 160.69'
R=300.00' L=16.51' Δ=3° 09'15" R=300.00' L=17 .7 3' Δ=3° 23'11" N00°42'56"E1320.45'

34.23'

30.96'

1.05'
N03°49'31"E(R) PRC

83.49'
N00°40'16"E(R)

LINE DATA TABLE
-
L1
L2
L3

BEARING
N45° 28' 28"E
N44° 32' 09"W
N45° 28' 18"E
LENGTH

18.38'

18.39'

18.38'
TRACT NO. 37668

PARCEL DETAIL
SEE SHEET 8
SEE SHEET 5
SEE DETAIL "D"

THIS SHEET
DETAIL "D"

NOT TO SCALE
NORTH
60'
30'30'
30'
60'
30'30'
M14
70 SQ. FT.

SEE SHEET 2 FOR BASIS OF BEARINGS AND EASEMENT NOTES.

SEE SHEET 3 FOR MONUMENT NOTES AND RECORD DATA.
9226 SQ. FT.
1998 SQ. FT.
1540 SQ. FT.
1225 SQ. FT.
3 Item Title: 10.18 Final Map and Agreements for Tract Map 37668, Sumac Ridge by Meritage Homes Item Page Number: 8
Menifee Mayor and City Council                                                                               March 16, 2022 Page 300 of 611

89 7254 SQ. FT.
92 5896 SQ. FT.
98 5414 SQ. FT.
97 5347 SQ. FT.
96 5281 SQ. FT.
95 5214 SQ. FT.
94 5144 SQ. FT.
93 5724 SQ. FT.
427.00'
658.25'
260.24'
118
5479 SQ. FT.
123
7531 SQ. FT.
114
5825 SQ. FT. 121
4861 SQ. FT.
120
5227 SQ. FT.
119
5432 SQ. FT.
281.40'

65.00' 107.29'

38.41'
L=27.38'
Δ=22°24'36"

55.70'54.57'

30.00'
N89°24'00"W 598.14'
N00°28'18"E 110.27'
N89°31'42"W 142.76'

55.00'
N89°24'00"W 655.15'
R=7 0.00' L=134.97' Δ=110°28'27"
C6 N88°00'55"E(R) N45°28'18"E(R)
N40°13'18"E(R)
N12°38'41"E(R)
100.60'
N89°31'42"W 310.00'

30.00'

43.00'

45.00'
144.33'
N70°42'20"W(R)
N62°31'23"W(R)
N37°08'48"W(R)
L=33.69' Δ=27°34'37"

40.66'

51.02' 46.63'
N89°33'08"W 1235.79'

16.24'
N89°33'19"W

69.98'

28.44'

41.26'

17.01'
N00°28'18"E 116.79'
L=15.51'
Δ=12°41'37"
L=51.98'
Δ=42°32'37"
L=6.41' Δ=5°15'00"
C1
C2
C3
N37°09'03"W

31.00'

35.60'
N00°42'36"E 115.26'

35.50'

79.39'

42.39'

31.64'
N00°28'18"E 182.87'

81.34'

23.76'
N37°09'03"W

37.75'
N00°28'18"E

18.31'
N89°31'42"W 82.17'
N67°45'56"W

20.00'
N89°31'42"W 99.73'

7.68'
N09°45'55"W

41.04'
N89°31'42"W 108.18'
L=0.60'
Δ=0°20'36" L=17.27'
Δ=9°53'37"
N89°31'42"W 109.11'

49.40'50.00'37.87'
N00°28'18"E 137.27'
N89°31'42"W 109.66'
N89°31'42"W 96.30'
N89°31'42"W 124.67'
N22°26'12"W

4.65'
L3
N00°42'36"E 208.06'
N01°16'59"E 200.01'
N00°28'18"E 796.31'
N44°31'42"W

35.36'
112.76'
N00°28'18"E 69.18'

91.83'
N89°31'42"W 99.52'

6.62'
L1

31.03 '

60.02'

50.02'

45.04'
N89°31'42"W 96.11'N45°28'18"E

19.10'

41.04'
N10°42'32"E
L=4.23'
Δ=2°25'16"
L=13.64'
Δ=7°48'58"

36.40'50.00'50.00'50.00'50.00'45.00'
L2
N00°42'36"E 208.43'
N00°08'14"E 200.01'
1235.82'
N89°31'42"W 90.77'
N89°31'42"W 108.93'
N89°31'42"W 107.61'
N89°31'42"W 106.28'
N89°31'42"W 104.95'
N89°31'42"W 103.62'
N89°31'42"W 101.37'
N00°42'36"E 114.89'
N54°19'52"W 74.03'
N01°02'56"W 506.23'
N80°14'05"E

41.04'
N00°28'18"E 281.40'

7.69'

13.23'
N89°31'42"W 105.10'79.66'

76.07'
L=58.47'
Δ=47°51'20"

55.00'

30.00'
N00°28'18"E 906.31'
N00°42'36"E 870.04'

30.00'

35.00'35.00'

30.00'

44.81'

45.19'44.81'

45.19'
1295.20'
L4

37.00'37.00'

89.74'90.11'

76.00'

56.59'57.17'

83.00'

33.36'
C4
R=100.00'
L=17.87' Δ=10°14'13"
N21°16'54"E 10.70'
N55°37'51"E

86.71 '
L5
N00°28'18"E 92.31'
N89°31'42"W 410.48'
128.48'

30.00'

55.00'
N00°28'18"E 327.87'
100.60'
N47°16'50"E

7.27'
N89°31'42"W 100.50'
N00°28'18"E 10.00'
N00°45'26"E 100.00'
N01°50'56"E

52.48'

50.00'

50.01'

49.99'

45.72'

49.98'
R=100.00'
L=28.38'
Δ=16°15'37"
N15°47'19"W

50.00'
L=26.44' Δ=30°18'01"
L=51.05'
Δ=58°30'09"
C5
L=40.38'
Δ=46°16'21"
N16°43'55"E

50.00'

35.55' L=12.16'
Δ=6°58'02"
R=100.00'
L=28.38'
Δ=16°15'37"
L=16.22'
Δ=9°17'35"
L=37.11'
Δ=42°31'48"

25.14'

24.86'
R=50.00'
L=185.45'
Δ=212° 31'14"
N00°53'04"E
100.00
'
N01°32'05"E
150.03'

50.01'

50.01'
N00°54'29"E 95.70'
N75°29'18"W(R)
N16°59'09"W(R)
N17°55'46"E(R)
N64°12'07"E(R)
N81°42'44"W(R)
N82°33'40"W(R)
N89°31'42"W 96.80'

14.45'

50.01'
N89°52'18"W(R)
597.97'
122
5751 SQ. FT.
116
5189 SQ. FT.
117
5506 SQ. FT.
115
4648 SQ. FT.
91 8769 SQ. FT.

90.00'

30.00'30.00'

0.37'

0.37'
N89°31'42"W 1482.53'
N89°33'08"W 1292.41'
N89°31'42"W 110.03'

30.00'
90 7473 SQ. FT.
99 5455 SQ. FT.

N89°31'42"W(R)
N89°31'42"W(R)
N89°31'42"W(R)

CURVE DATA TABLE
-
C1
C2
C3
C4
C5
C6
RADIUS

70.00'

50.00'
100.00'
LENGTH

31.00'

10.00'

35.50'
134.97'

30.47'

17.87'
DELTA
∆=25°22'35"
∆=8°10'57"
∆=29°03'35"
∆=110°28'27"
∆=34°54'55"
∆=10°14'14"

LINE DATA TABLE
-
L1
L2
L3
L4
L5

BEARING
N40° 26' 34"W
N34° 14' 06"E
N33° 08' 42"W
N70° 00' 43"W
N55° 37' 55"E
LENGTH

19.85'

17.99'

18.06'

21.20'

24.36'
N00°28'18"E

34.43'
N00°28'18"E

34.43'

22.33'12.10'

10.00' 24.43'

30.00'
N89°31'42"W 410.48'
N88°55'12"W 140.01'
N89°31'42"W 124.67'
C5
R=50.00'
L=185.45'
Δ=212° 31'14"
L=51.05'
Δ=58°30'09"
L=40.38'
Δ=46°16'21"
128.48' 252.00'
N17°55'46"E(R)
N16°59'09"W(R)
TRACT NO. 37668

PARCEL DETAIL
2 SEE SHEET 9
SEE SHEET 8
2 SEE SHEET 5
M12
NORTH
1 1266 SQ FT
961 SQ FT
1 DETAIL "E"

NOT TO SCALE
947 SQ FT
1618 SQ. FT.
1220 SQ. FT.

SEE DETAIL "E"

THIS SHEET
35'35'
70'
60'
30'30'
30'
60'
30'
SEE SHEET 2 FOR BASIS OF BEARINGS AND EASEMENT NOTES.

SEE SHEET 3 FOR MONUMENT NOTES AND RECORD DATA.
987 SQ FT
9746 SQ. FT.
6414 SQ. FT.
3 Item Title: 10.18 Final Map and Agreements for Tract Map 37668, Sumac Ridge by Meritage Homes Item Page Number: 9
Menifee Mayor and City Council                                                                               March 16, 2022 Page 301 of 611

31 7738 SQ. FT.
408.59'
100.60'54.73'
100.60'
187.33'
479.31'
498.67'
32 7138 SQ. FT.
35 7876 SQ. FT.
658.25'
N89°31'42"W 410.85'
N34°14'06"E 17.99'

61.54'70.00'70.00'
N08°16'05"E 59.26'
N83°34'17"E 14.15'R=634.99'
L=98.90'Δ=8°55'27"
L3
N89°31'42"W 97.77'

20.36'

50.00'
L=8.02'
Δ=4°35'40"
L=20.36'
Δ=11°39'57"
N15°47'19"W

50.00'
L=2.08'
Δ=2°23'08"

41.04'N79°17'28"W
R=100.00' L=17.87' Δ=10°14'13"
N89°31'41"W 72.17'N43°58'42"E 13.89'R=635.00'
L=55.97'
Δ=5°03'01"
R=565.00'L=217.91'Δ=22°05'51"
L=189.52'
Δ=18°05'54"
L=52.89'
Δ=5°03'01"
L=93.45'Δ=8°55'26"
L2N89°31'42"W

99.15'

65.00'70.00'198.71'
R=100.00'
L=17.87' Δ=10°14'11"
N09°45'55"W

41.04'
R=70.00'L=134.97'Δ=110°28'27"41.04'N79°17'28"W
R=100.00'
L=17.87'
Δ=10°14'14"
N89°31'42"W
166.40'

29.40'
N89°33'41"W 322.06'
N39°43'53"E 15.87'
R=635.00'L=200.58'Δ=18°05'54"
R=565.00'L=215.20'Δ=21°49'25"
N00°42'36"E 166.61'
N89°31'42"W 92.02'
N89°31'42"W 110.24'
N22°08'58"W 6.17'
N89°31'42"W 101.83'
N89°31'42"W 110.56'
N89°31'42"W 117.48'
N89°31'42"W 212.00'
N45°28'18"E35.36'
N00°28'18"E 119.22'
112.51'

9.07'
N00°28'18"E 8.20'
N89°31'42"W 99.49'

62.07'70.00'
N89°31'42"W 112.51'
N35°46'31"W 12.06'

35.00'

32.00'
L=41.88'
Δ=3°59'57"
R=600.00'L=231.40'Δ=22°05'51"
L=51.23'
Δ=4°53'31"
C1

30.00'

55.00'
N00°28'18"E 906.31'

55.00'
N89°31'42"W 310.00'
N00°28'18"E 333.71'
L19.00'
134.96'

31.65'N89°31'42"W 121.58'
N00°28'18"E 201.54'
127.85'

61.99'

30.00'

34.74'
N89°31'42"W 207.50'

55.00'

30.00'

55.00'
N00°28'18"E 256.99'

30.00'

10.85'
166.61'
N00°42'36"E 870.04'
N00°28'18"E 796.31'

51.31' 70.00' 70.00' 70.00' 70.00' 70.00' 30.00'

30.00'
N89°31'42"W 1482.53'

43.00'

45.00'
N00°42'36"E 166.98'

14.99'

35.00'
N67°27'59"W(R) PRC
N85°33'53"W(R)
N89°33'50"W(R)
N67°27'59"W(R) PRC
N89°31'44"W(R)
N76°35'49"E(R)
R=100.00' L=28.38' Δ=16°15'37"
N85°52'39"E(R)

30.00'

30.00'
100.60'
N74°12'41"E(R)
100.60'

44.81'

44.81'
185.06'

45.00'
N40°41'11"W 15.77'N47°30'56"E 9.68'

35.00'43.51' 51.00'
N89°33'41"W 655.28'
R=50.00'
L=185.45'
Δ=212°31'14"
N89°34'31"W 1282.73'

92.38'

6.77'
322.06'

35.00'

44.81'

0.37'

0.37'
R=600.00'
L=228.54'
Δ=21°49'25"

90.00'

30.00'30.00'
N45°28'02"E35.35'

45.18'

30.00'

35.00'35.00'

30.00'30.00'

45.18' 45.18'
N00°28'18"E 132.07'
34 8023 SQ. FT.
30 7292 SQ. FT.
33 6885 SQ. FT.

N00°28'18"E 111.99'
L=74.36'Δ=85°12'43"
N80°21'57"W(R)

LINE DATA TABLE
-
L1
L2
L3

BEARING
N41° 23' 10"E
N33° 08' 42"W
N33° 36' 31"W
LENGTH

19.85'

18.06'

17.62'
N00°28'18"E 20.31'
N00°28'18"E

20.64'
N89°31'42"W 410.85'

31.00'

9.87'

10.44'

11.87'

8.77'
L=75.41'
Δ=86°25'01"
L=74.36'
Δ=85°12'43"
N89°31'42"W
260.55'
N89°31'42"W
117.48'
N17°55'46"E(R)
N18°11'28"W(R)
R=50.00' L=185.45' Δ=212° 31'14"
L=31.5 2' Δ=36° 07'14"
127.85' 252.00'
140.00'

CURVE DATA TABLE
-
C1
RADIUS
600.00'
LENGTH

30.97'
DELTA
∆=2°57'26"
27"
TRACT NO. 37668

PARCEL DETAIL
SEE SHEET 10
SEE SHEET 7
SEE SHEET 6
SEE SHEET 14
NORTH
1 584 SQ. FT.
1456 SQ. FT.
1425 SQ. FT.
787 SQ. FT.
3836 SQ. FT.
1200 SQ. FT.

DETAIL "F"

NOT TO SCALE
SEE DETAIL "F"
THIS SHEET.
30'
60'
30'30'
70'
35'
35'
60'
30'30'
60'
30'30'
1 M13
55116 SQ. FT.

SEE SHEET 2 FOR BASIS OF BEARINGS AND EASEMENT NOTES.

SEE SHEET 3 FOR MONUMENT NOTES AND RECORD DATA.
3 3
3 3
Item Title: 10.18 Final Map and Agreements for Tract Map 37668, Sumac Ridge by Meritage Homes Item Page Number: 10
Menifee Mayor and City Council                                                                               March 16, 2022 Page 302 of 611

102
6250 SQ. FT.
105
6250 SQ. FT.
108
6250 SQ. FT.
109
6250 SQ. FT.
104
6250 SQ. FT.
103
6250 SQ. FT.
100
7552 SQ. FT.
101
6250 SQ. FT.
172
6250 SQ. FT.
107
6137 SQ. FT.
175
8653 SQ. FT.
174
6250 SQ. FT.
173
6250 SQ. FT.
170
6250 SQ. FT.
171
6250 SQ. FT.
310.00'
498.67'
310.00'
440.00'
310.00'
113
7403 SQ. FT.
112
5396 SQ. FT.
125
6024 SQ. FT.
124
5989 SQ. FT.
126
5063 SQ. FT.
110
6250 SQ. FT.
111
6032 SQ. FT.

N89°33'08"W 1235.79'

76.07'

99.72'
127.99'
N89°31'42"W 728.80'

60.00' 60.00' 50.00' 50.00'
N00°28'18"E 99.92'
R=100.00'
L=17.87'
Δ=10°14'14"
N79°17'28"W

41.04'
N37°09'03"W

31.00'
N00°28'18"E 103.13'
N00°28'18"E 101.65'
N00°28'18"E 100.88'
124.98' 125.00'

52.00'50.00'50.00'50.00'50.00'50.00'59.38'
113.96' 125.00'

35.00'50.00'50.00'47.87'

47.00'50.00'50.00'50.00'50.00'50.00'55.00'
125.00' 125.00'
125.00' 125.00'
125.00' 125.00'
106.49' 125.00'

51.00'50.00'50.00'50.00'50.00'50.00'62.00'
N89°31'42"W 224.00'
112.00'

47.00'50.00'50.00'50.00'50.00'50.00'55.00'
N40°26'34"W

19.85'
N89°33'08"W 1292.41'
N00°28'18"E
361.38'
N00°28'18"E 182.87'
N89°31'42"W 212.00'
N00°28'18"E 827.33'

30.00'30.00'

30.00'

43.00'43.00'

30.00'

30.00'55.00'

55.00'

30.00'
100.60'
N00°28'18"E 327.87'
100.60'
N89°31'42"W 930.00'
C2
L=41.00'
Δ=33°33'32"
L=58.47'
Δ=47°51'20"
R=70.00'
L=134.97'
Δ=110°28'27"
N00°28'18"E 112.41'

12.69'
N89°43'02"W

60.00'
N89°35'02"E

50.01'
N00°28'18"E 373.00'
N00°28'18"E 92.31'

16.24'

30.00'
N16°59'09"W(R)
N17°55'46"E(R) N70°42'20"W(R)
N37°08'48"W(R)

30.00'30.00'
N89°31'42"W 250.00'
N89°31'42"W 250.00'
N89°31'42"W 250.00'
N89°31'42"W 250.00'
N89°31'42"W 250.00'
N89°31'42"W 250.00'
125.00'
125.00'
125.00'
125.00'
125.00'
125.00'
N89°31'42"W 224.00'
N89°31'42"W 250.00'
N89°31'42"W 250.00'
N89°31'42"W 250.00'
N89°31'42"W 249.98'
N89°31'42"W 238.96'
N89°31'42"W 231.49'
N00°28'18"E 352.00'
N00°28'18"E 352.00'

43.00'

8.80'

11.05'
N41°23'10"E

19.85'

30.00'

45.00'
N89°31'42"W 410.48'
N89°31'42"W 1482.53'

43.00' 43.00'
420.00'
N88°55'12"W 140.01'N75°29'18"W(R)

25.14'

24.86'
L=51.05'
Δ=58°30'09"
L=40.38'
Δ=46°16'21"
R=50.00'
L=185.45'
Δ=212° 31'14"
L=26.44'
Δ=30°18'01"
N88°26'23"W 119.26'

7.07'

11.31'14.14'

21.21'
N89°33'28"E

60.01'
N88°46'40"E

50.02'

9.90'

8.48'
260.24'

8.00'
L=2.13'
Δ=1°13'14"
L=26.25'
Δ=15°02'23"C3
N89°15'04"E(R)
N89°31'42"W 119.00'

90.00'
N89°31'42"W 110.00' N89°31'42"W 120.00'2.00'

50.00'

35.35 '
N45°28'18"E
252.00'
L2L1 2.00'

50.00'
N15°47'19"W

30.00' 30.00'
106
6487 SQ. FT.

53.00'169
6607 SQ. FT.
127
5119 SQ. FT.
352.00'
166.40' 224.00'
137.27'
1235.82'

CURVE DATA TABLE
-
C1
C2
C3
RADIUS

50.00'

70.00'
100.00'
LENGTH

30.47'

35.50'

28.38'
DELTA
∆=34°54'55"
∆=29°03'35"
∆=16°15'37"

LINE DATA TABLE
-
L1
L2

BEARING
N44° 31' 42"W
N45° 28' 18"E
LENGTH

18.38'

18.38'
TRACT NO. 37668

PARCEL DETAIL
SEE SHEET 11
SEE SHEET 10
SEE SHEET 7
NORTH
1 SEE DETAIL "E"
ON SHEET 7.
2690 SQ. FT.
60'
60'
30' 30'
60'
30'30'
30'
30'
1978 SQ. FT.
3910 SQ. FT.

SEE SHEET 2 FOR BASIS OF BEARINGS AND EASEMENT NOTES.

SEE SHEET 3 FOR MONUMENT NOTES AND RECORD DATA.
76'
30'30'
28524 SQ. FT.
1857 SQ. FT.
3 Item Title: 10.18 Final Map and Agreements for Tract Map 37668, Sumac Ridge by Meritage Homes Item Page Number: 11
Menifee Mayor and City Council                                                                               March 16, 2022 Page 303 of 611

28 9356 SQ. FT.
29 9595 SQ. FT.
18 9457 SQ. FT.
21 8750 SQ. FT.
17 8513 SQ. FT.
19 8513 SQ. FT.
16 8730 SQ. FT.
20 8730 SQ. FT.
15 8750 SQ. FT.
24 8179 SQ. FT.
14 8750 SQ. FT.
25 8149 SQ. FT.
22 8750 SQ. FT.
13 9903 SQ. FT.
26 8749 SQ. FT.
27 8459 SQ. FT.
387.33'
498.67'
100.60'
310.00'
100.60'
440.00'
112.00'
N41°23'10"E 19.85'

65.00'70.00'70.00'47.33'
L=22.87'
Δ=13°06'10"
L=5.51'
Δ=3°09'27"N15°47'19"W

50.00'
L=35.00'
Δ=40°06'25"
L=104.65'Δ=119°55'19"
L=22.90'
Δ=26°14'45"
N16°43'55"E

50.00'
L=5.51'
Δ=3°09'27"
L=22.87'
Δ=13°06'10"

65.00'70.00'70.00'47.33'
L=75.41'
Δ=86°25'01"
C2
N16°43'55"E

50.00'
L=20.36'
Δ=11°39'57"
C4
N09°45'55"W

41.04'
C1
L=36.31'
Δ=29°43'03"
L=62.06'
Δ=50°47'50"
124.68' 125.00'

70.13'70.00'70.00'70.00'76.00'
125.00' 125.00'
115.18'
122.40'
105.76'
N00°28'18"E 70.00'
115.02' 127.51'
N23°04'23"W 79.58'
N23°32'04"E

43.82'
122.40'

72.00'70.00'70.00'70.00'76.00'
N89°31'42"W 105.76'
125.00'
125.00'
106.46' 125.00'
140.00'
125.00'

55.00'

30.00'

55.00'
N00°28'18"E 256.99'
N00°28'18"E 356.13'
N89°31'42"W 260.55'
N89°31'42"W 231.46'
N89°31'42"W 249.68'
N89°31'42"W 250.00'
N89°31'42"W 237.58'
N89°31'39"W 225.66'
N89°31'42"W 242.53'
L=7.50'
Δ=6°08'27"

30.00'
N00°28'18"E 252.33'
N00°28'18"E 827.33'

30.00'30.00'

30.00' 30.00'

45.00' 45.00'
C6
N89°31'42"W 250.00'
N89°31'42"W 250.00'
N89°31'42"W 248.38'
N89°31'42"W 234.71'
N89°31'42"W 224.00'
N00°28'18"E 358.00'
N89°31'42"W 410.85'
R=50.00' L=185.45' Δ=212°31'14"
C5

6.79'

13.06'
R=70.00'
L=134.97'
Δ=110°28'28"
N39°57'35"W

26.35'
C3
R=50.00'
L=185.45'
Δ=212°31'14"
N89°31'42"W 1482.53'

43.00' 43.00'
N75°39'13"W(R)
N17°55'46"E(R)
N18°11'28"W(R)
N79°32'34"W(R)
N80°29'10"E(R)
N40°22'45"E(R)
N77°22'08"E(R)
N13°06'35"W(R)
N42°49'38"W(R)
N86°22'32"E(R)
N00°28'18"E 252.33'
N84°56'02"W(R)

8.00'

61.99'

4.40'
N89°31'42"W
207.50'
N89°31'42"W(R)
N76°25'32"W(R)

90.00'

30.00'30.00'

30.00' 30.00'90.00'
23 8755 SQ. FT.
120.55'
L1252.00'
252.33'
N00°28'18"E 66.39'
L=2.08'
Δ=2°23'08"
L=8.02'
Δ=4°35'40"
L=22.90'
Δ=26°14'45"
119.90'

CURVE DATA TABLE
-
C1
C2
C3
C4
C5
C6
RADIUS

70.00'

50.00'
100.00'
100.00'
100.00'
100.00'
LENGTH

29.10'

31.52'

28.38'

17.87'

28.38'

28.38'
DELTA
∆=23°49'06"
∆=36°07'14"
∆=16°15'37"
∆=10°14'14"
∆=16°15'37"
∆=16°15'37"
07"

LINE DATA TABLE
-
L1

BEARING
N40° 26' 06"W
LENGTH

19.85'
TRACT NO. 37668

SEE SHEET 2 FOR BASIS OF BEARINGS AND EASEMENT NOTES.

SEE SHEET 3 FOR MONUMENT NOTES AND RECORD DATA.
3 3
Item Title: 10.18 Final Map and Agreements for Tract Map 37668, Sumac Ridge by Meritage Homes Item Page Number: 12
Menifee Mayor and City Council                                                                               March 16, 2022 Page 304 of 611

134
5632 SQ. FT.
133
5631 SQ. FT.
135
5621 SQ. FT.
136
5283 SQ. FT.
158
6250 SQ. FT.
155
6487 SQ. FT.
153
6250 SQ. FT.
156
6250 SQ. FT.
152
6250 SQ. FT.
157
6250 SQ. FT.
160
6250 SQ. FT.
151
6250 SQ. FT.
150
6157 SQ. FT.
159
6250 SQ. FT.
149
5544 SQ. FT.
163
6250 SQ. FT.
164
6250 SQ. FT.
165
6250 SQ. FT.
166
6250 SQ. FT.
167
6250 SQ. FT.
440.00'
N00°28'17"E 663.44'
N89°31'42"W 1482.53'
132
5630 SQ. FT.
128
5186 SQ. FT.
310.00'
310.00'
N89°31'42"W 443.53'

70.00'
N89°33'08"W 1235.79'

50.00' 50.00' 50.00' 50.00'
N00°28'18"E 112.61'

50.00' 50.00' 50.00' 50.00' 50.00' 50.00'
N00°28'18"E 112.59'
N00°28'18"E 106.90'
N00°28'18"E 105.52'
N00°28'18"E 104.31'
N00°28'18"E 103.13'
N00°28'18"E 112.63'
N00°28'18"E 112.65'
N80°14'05"E

41.04'
N00°28'18"E 110.83'
R=70.00' L=2.65' Δ=2°10'12"
125.00' 105.03'
L=12.32'
Δ=14°07'01"
L=65.18'
Δ=74°41'08"
112.00' 140.00'

50.00'50.00'50.00'50.00'50.00'50.00'63.00'
125.00' 125.00'
125.00' 125.00'

47.00'50.00'50.00'50.00'50.00'50.00'55.00'
125.00' 125.00'

35.00'50.00'50.00'
125.00' 125.00'
125.00' 118.05'
R=100.00'
L=28.38'
Δ=16°15'37"

10.55'

39.45'
N40°26'34"W

19.85'

47.00'50.00'50.00'50.00'50.00'50.00'55.00'
125.00'

51.00'50.00'50.00'50.00'50.00'50.00'62.00'
125.00'
125.00'
125.00'
125.00'
125.00'
N89°31'42"W 224.00'
112.00'
N89°33'08"W 1292.41'
N00°28'18"E
372.00'
N89°31'42"W 250.00'
N89°31'42"W 250.00'
N89°31'42"W 250.00'
N89°31'42"W 250.00'
N89°31'42"W 243.05'
N89°31'42"W 212.00'

30.00'

55.00'

30.00'

43.00'

30.00'

43.00' 100.60'
N89°31'42"W 224.00'
N00°28'18"E 352.00'
N00°28'18"E 352.00'
N89°31'42"W 930.00'
N00°28'18"E
373.00'
N89°31'42"W 250.00'
N89°31'42"W 250.00'
N89°31'42"W 250.00'
N89°31'42"W 250.00'
N89°31'42"W 250.00'
N89°31'42"W 250.00'

30.00'

30.00' 30.00'

30.00'

45.00'

50.00' 30.81'

43.00'43.00'
310.00'
N89°31'42"W 728.80'
N07°35'43"W(R)
N00°28'18"E 341.87'
R=50.00'
L=185.46'
Δ=212°31'14"

11.87'

30.00'
N89°31'42"W 118.93'

8.00'

2.00'

10.59'

9.26'

12.73'

5.66'

7.07'

11.31' 2.00'

7.00'
100.60'
N89°07'14"E

50.01'
N89°05'14"E

50.01'
N88°53'33"E

50.02'
N87°49'21"E

50.05'
109.21' 3.38'

21.21'

14.14'

50.00'420.00'
N87°23'06"W(R)
N89°31'42"W 140.00'

39.60'

1.44'
N89°31'42"W(R)
N89°31'42"W 120.00'N89°31'42"W 121.00'
151.27'
352.00'
166.40'
N00°28'18"E 93.81'
N41°45'22"E 12.75'

30.00'

90.00'N16°43'55"E

50.00'
N89°31'42"W 230.03'

52.00'
N89°31'42"W 110.00'
N44°31'42"W

35.35 '
L1
L2
168
6367 SQ. FT.

53.00'

55.00'
L3
129
5245 SQ. FT.
131
5402 SQ. FT.
130
5311 SQ. FT.

R=100.00'
L=17.87' Δ=10°14'14"
N00°28'18"E 196.87'

50.00'
154
6137 SQ. FT.
148
7529 SQ. FT.
161
8653 SQ. FT.
162
7728 SQ. FT.
310.00'
1235.82'

LINE DATA TABLE
-
L1
L2
L3

BEARING
N41° 22' 43"E
N44° 31' 42"W
N45° 28' 18"E
LENGTH

19.85'

18.39'

18.39'
TRACT NO. 37668

PARCEL DETAIL
SEE SHEET 13
SEE SHEET 12
SEE SHEET 9
NORTH
60'
30'30'
30'
30'
60'
SEE DETAIL "G"
ON SHEET 13.
980 SQ. FT.
924 SQ. FT.
1 30'30'
SEE SHEET 2 FOR BASIS OF BEARINGS AND EASEMENT NOTES.

SEE SHEET 3 FOR MONUMENT NOTES AND RECORD DATA.
76'
1977 SQ. FT.1857 SQ. FT.

Item Title: 10.18 Final Map and Agreements for Tract Map 37668, Sumac Ridge by Meritage Homes Item Page Number: 13
Menifee Mayor and City Council                                                                               March 16, 2022 Page 305 of 611

9 9735 SQ. FT.
10 8798 SQ. FT.
7 8160 SQ. FT.
6 8635 SQ. FT.
11 8750 SQ. FT.
5 8979 SQ. FT.

N00°28'18"E 663.44'
N89°31'42"W 1482.53'
310.00'
440.00'
L=6.04'
Δ=3°27'37"
L=41.93'
Δ=24°01'18"

65.00'29.29'
112.00' 112.00'
N41°23'10"E 19.85'
N00°28'18"E 64.86'
L=0.14'
Δ=0°04'45"
L=47.83'
Δ=27°24'10"

27.04'

22.96'
L=23.76'
Δ=27°13'39"
L=41.00'
Δ=46°58'57"
L=116.30'Δ=133°16'19"

65.00'70.00'43.44'
112.00'
112.31'

72.00'70.00'70.00'70.00'
123.38'
N63°14'39"E

8.05'
N45°50'38"E 68.96'
101.24' 116.34'125.00'
125.00' 125.00'

72.00'70.00'
125.00'

30.00'

45.00'

43.00'43.00'
310.00'

30.00'30.00'

30.00'
N89°31'42"W 224.00'
N00°28'18"E 94.29'
R=100.00'
L=47.97'
Δ=27°28'55"
N00°28'18"E 150.00'
N89°31'42"W 250.00'
N89°31'42"W 217.58'
R=100.00'
L=47.97'
Δ=27°28'55"
N00°28'18"E 366.00'
R=50.00'
L=181.06'Δ=207°28'55"

45.00'
223.44'

30.00'30.00'
N89°31'42"W 234.71'
N89°31'42"W 248.38'
N89°31'42"W 250.00'
N89°31'42"W 250.00'
N89°31'42"W 224.00'
N00°28'18"E 252.87'

45.00'

43.00'

30.00'

30.00'
N00°28'18"E 178.44'

43.00'

8.00' 10.59'

9.26'
N65°30'24"W(R)
N27°57'13"E50.00'
R=50.00'
L=181.06' Δ=207°28' 55"
L=128.20' Δ=146° 54'13"
N28°57'00"W(R)
N89°31'42"W 118.93'
N89°36'27"W(R)
N16°15'42"E(R)
N63°14'39"E(R)

10.59'

9.26'

8.00'
N89°31'42"W 118.93'

94.29'
113.58'

30.00'

30.00'
113.58'
L1
N27°00'37"W

50.00'
L2
8 9902 SQ. FT.
12 8978 SQ. FT.

LINE DATA TABLE
-
L1
L2

BEARING
N40° 26' 34"W
N40° 26' 34"W
LENGTH

19.85'

19.85'
TRACT NO. 37668

SEE SHEET 3 FOR MONUMENT NOTES AND RECORD DATA.
3 3
60'
30'30'
30'30'
Item Title: 10.18 Final Map and Agreements for Tract Map 37668, Sumac Ridge by Meritage Homes Item Page Number: 14
Menifee Mayor and City Council                                                                               March 16, 2022 Page 306 of 611

138
10714 SQ. FT.
137
5052 SQ. FT.

N89°31'42"W 1482.53'
147
8749 SQ. FT.
146
6506 SQ. FT. 144
7326 SQ. FT.
143
7326 SQ. FT.
142
7325 SQ. FT.
141
7166 SQ. FT.
140
6754 SQ. FT.

N89°31'42"W 443.53'
N00°29'25"E
689.30'
N89°33'08"W 1235.79'
C4
C3
C2
C1
R=70.00' L=2.65' Δ=2°10'12"
N35°44'18"E45.00'
N00°28'18"E 70.44'
N50°50'55"E 199.25'
N41°45'22"E 12.75'
N00°28'18"E 93.81'
L=12.32'
Δ=14°07'01"
L=65.18'
Δ=74°41'08"
L=55.13'
Δ=63°11'05"
146.54'
N89°31'42"W 127.19'

20.97'

29.03'
N89°31'42"W 136.65'
R=100.00'
L=28.38' Δ=16°15'37"

49.40'50.00'
N89°31'42"W 146.52'
N89°31'42"W 146.51'
N89°31'42"W 146.51'
L=17.27'
Δ=9°53'37"
L=0.60'
Δ=0°20'37"
N89°31'42"W 146.50'

33.36'
N89°31'42"W 138.98'
N46°24'43"E

22.00'
N89°31'42"W 122.25'

76.00'
N00°28'04"E 628.78'

35.00'50.00'50.00'
R=100.00'
L=28.38'
Δ=16°15'37"

10.55'

39.45'

30.00'

55.00'
100.60'
N07°35'43"W(R)
N21°03'10"E(R)

30.00'

45.00'

43.00'
R=70.00'
L=134.97' Δ=110°28'27"
C5

30.00'
N00°28'18"E 341.87'

30.00'

30.00' 176.53'310.00'

43.00'

60.00' 50.00' 50.00' 50.00' 50.00' 50.00' 50.00' 50.00' 142.78' N89°33'08"W 1292.41'

52.00' 155.90'

11.87'

30.00'
100.60'

21.21'

14.14'

1.87'
N87°23'06"W(R)
N17°55'46"E(R)
N16°59'09"W(R)
N80°10'14"W(R)
R=50.00' L=185.46' Δ=212°31'14"
N49°42'02"E(R)
N78°20'55"E(R)
N89°11'05"W(R)

14.99'

30.00'659.30'
L=22.36'
Δ=25°37'05"

7.68'

41.04'
N10°42'32"E
N46°24'43"E

22.00'
N89°31'42"W(R)
151.27'
N89°31'42"W 140.00'
140.00'
N89°31'42"W 930.00'
166.40'

30.00'30.00'

90.00'N16°43'55"E

50.00'
N44°31'42"W

35.35'

55.00'
N15°47'19"W

50.00'
N89°31'42"W 212.00'

50.00'
N00°28'18"E 151.27'
N89°31'42"W(R)
145
7150 SQ. FT.

N00°28'18"E 196.87'

50.00'
1235.82'

CURVE DATA TABLE
-
C1
C2
C3
C4
C5
C6
RADIUS

70.00'

70.00'
100.00'

50.00'
LENGTH

35.00'

27.32'

17.87'

30.47'
DELTA
∆=28°38'52"
∆=28°38'52"
∆=28°38'52"
∆=22°21'37"
∆=10°14'14"
∆=34°54'55"
53"
53"140.00'
N89°31'42"W 443.53'
C6

13.43'7.00'
N00°28'18"E 20.43'
N89°31'42"W
140.00'

30.00'
N00°28'18"E 20.43'
146.54'
N16°59'09"W(R)
N17°55'46"E(R) R=50.00' L=185.46' Δ=212°31'14"
L=65.18'
Δ=74°41'08"
L=185.45'
Δ=212°31'14"
TRACT NO. 37668

PARCEL DETAIL
SEE SHEET 14
SEE SHEET 11
NORTH
60'
30'30'
30'30'
60'
SEE DETAIL "G"

THIS SHEET
DETAIL "G"

NOT TO SCALE
SEE SHEET 2 FOR BASIS OF BEARINGS AND EASEMENT NOTES.

SEE SHEET 3 FOR MONUMENT NOTES AND RECORD DATA.
139
12230 SQ. FT.

LOT "U"
567 SQ. FT.
76'
1 1
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4 8470 SQ. FT.
3 8152 SQ. FT.
2 8154 SQ. FT.

N89°31'42"W 1482.53'
L10
176.53'

35.00'
224.00'
310.00'
164.00'
N89°34'31"W 1297.73'
1103.73'
L7
L=157.79'Δ=16° 00'05"
R=635.00'
L=55.97'
Δ=5°03'01"
L4

72.16'
N89°31'42"W
C9

41.04'
N79°17'28"W
C8
N23°04'23"W79.58'

43.82'N23°32'04"E
C14
C5
N89°31'42"W 105.74'
122.38'
N89°31'42"W 234.71'
112.33'
C15
N45°50'38"E

68.96'
L=41.00'
Δ=46°58'57"
L=116.30'
Δ=133°16'19"
C11
127.51'115.02'
N89°31'42"W 217.58'

42.67'N39°30'19"E
N89°31'42"W 101.71'
N65°00'50"E 92.46'
N76°08'19"E 130.14'
N55°59'12"E

50.61'
N46°18'51"E 99.95'
N63°50'51"W 214.66'
N84°32'49"E 110.12'
L2
N00°29'25"E 614.31'
L1
N01°19'05"W 117.83'
N59°44'23"W 242.12'
N70°45'43"E 116.62'
N80°54'40"W 117.57'
N56°06'55"E 199.34'
N50°06'06"W59.04'N21°55'52"E 97.55'
R=70.00'
L=85.47'Δ=69°57'29"
L5
N57°20'41"E

54.85'

44.83'N65°47'47"E
C10
C1
C20
N27°57'13"E

50.00'

15.00'
L6

23.00'

36.86'
N89°31'42"W 116.45'
N89°31'42"W 116.47'
N00°28'18"E 207.87'

70.00'

70.00'
C3
N00°28'18"E

94.29'
N89°31'42"W 116.49'
N89°31'42"W

90.52'

70.00'65.00'

70.00'65.00'
N00°28'18"E 2.87'
L9 L8

22.96'
N27°00'37"W50.00'
342.30'
N79°05'27"E(R)
N09°07'58"E(R)
N89°33'50"W(R)
N67°27'59"W(R)
N72°31'00"W(R) N13°06'35"W(R) N80°29'10"E(R)
N40°22'45"E(R) N79°32'34"W(R)
C6
C7
N16°15'42"E(R)
N28°57'00"W(R)
C2
C4
N65°30'24"W(R)

43.00'

30.00'

30.00' 30.00'
N63°14'39"E(R)
L=23.76'
Δ=27°13'39"
L11
164.00'
659.28'
N00°29'21"E 689.28'

30.00'
N00°28'18"E 252.87'

45.00' 113.58'

30.00'

90.52'

30.00'

15.00'

49.70'

30.00'94.29'
EL1
EL2
EL3
EL4
EL5
EL6
EL7EL8
EL9
EL10
N72°30'50"E 144.46'
N00°19'29"E

80.48'
N38°07'15"E

34.50'
N89°39'23"E 233.87'
N00°29'16"E 31.24'
N00°29'16"E 32.42'
N89°30'44"W 9.95'
N89°30'44"W 9.95'N00°29'16"E 13.50'
N89°31'42"W 242.53'

55.56'

59.46'
C12
N88°53'39"W

70.68'
EL11
EL12 N89°40'50"W

71.30'
N00°28'18"E 95.86'
EL13
R=565.00' L=217.91' Δ=22° 05' 51"
C13
C16
C17
N00°28'28"E
371.47'
C19
C21
L12
N26°07'19"W(R)
N80°07'47"W(R)
N04°21'12"W(R)
N83°28'04"W(R)

LINE DATA TABLE
-
L1
L2
L4
L5
L6
L7

BEARING
N89° 55' 47"E
N38° 41' 03"E
N43° 58' 42"E
N10° 54' 33"W
N37° 57' 36"E
N00° 15' 20"E
LENGTH

28.74'

27.82'

13.89'

42.38'

20.20'

32.35'
75"

CURVE DATA TABLE
-
C1
C2
C3
C4
C8
C9
C10
C11
C12
C13
C14
C15
RADIUS

50.00'
100.00'
100.00'
100.00'

70.00'
100.00'

50.00'

35.00'
565.00'

50.00'

50.00'
LENGTH

52.86'

6.04'

41.93'

47.97'

29.10'

17.87'

88.25'
181.06'

46.29'

60.12'

58.03'
185.46'
DELTA
∆=60°34'42"
∆=3°27'38"
∆=24°01'17"
∆=27°28'55"
∆=23°49'06"
∆=10°14'13"
∆=101°07'39"
∆=207°28'55"
∆=75°46'35"
∆=6°05'46"
∆=66°30'04"
∆=212°31'13"
37"18"14"
45'
L1

7.15'

15.00'
N89°34'31"W 1297.73'
N01°19'05"W 117.83'
342.30'
N00°29'25"E 614.30'
N00°29'21"E 689.28'

15.00'
1103.73'
N89°34'31"W 1297.73'
N89°33'41"W 655.28'

1.29'

49.70'

32.35'
N00°15'20"E

LINE DATA TABLE
-
EL1
EL2
EL3
EL4
EL5
EL6
EL7
EL8
EL9
EL10
EL11
EL12
EL13
EL14
EL15

BEARING
N52° 29' 34"E
N57° 34' 19"W
N74° 38' 24"W
N59° 55' 11"E
N30° 04' 49"W
N59° 47' 35"E
N30° 04' 49"W
N59° 55' 11"E
N39° 08' 29"E
N60° 19' 42"E
N89° 25' 10"W
N00° 34' 50"E
N89° 31' 42"W
N72° 21' 23"E
N17° 29' 10"W
LENGTH

22.81'

51.85'

53.74'

20.21'

10.38'

13.50'

10.41'

22.52'

45.15'

53.62'

26.85'

10.00'

57.05'

8.29'

10.00'
N72°30'50"E 144.46'
EL16
EL14
EL15
EL17
EL18
C18
N22°56'04"E(R)
N87°25'59"W(R)
N00°28'28"E
371.47'

76.00' N89°31'42"W 105.74'
N65°00'50"E 92.46'
N76°08'19"E
130.14'

CURVE DATA TABLE
-
C16
C17
C18
C19
C20
C21
RADIUS

50.00'

3.84'

50.00'

50.00'
LENGTH

46.62'
104.65'

7.40'

39.95'
181.06'
128.20'
DELTA
∆=53°25'14"
∆=119°55'19"
∆=110°22'03"
∆=45°46'34"
∆=207°28'55"
∆=146°54'13"
15"

LINE DATA TABLE
-
EL16
EL17
EL18

BEARING
N89° 39' 20"W
N01° 22' 40"W
N00° 28' 28"E
LENGTH

13.41'

9.29'

5.47'

LINE DATA TABLE
-
L8
L9
L10
L11
L12

BEARING
N40° 26' 00"W
N41° 23' 10"E
N89° 31' 42"W
N28° 57' 00"W
N89° 33' 41"W
LENGTH

19.85'

43.01'

27.07'
655.28'
TRACT NO. 37668

PARCEL DETAIL
SEE SHEET 8
SEE SHEET 12
SEE SHEET 13
95045 SQ. FT.

SEE SHEET 10
NORTH
SEE DETAIL "H"
THIS SHEET.

DETAIL "H"

NOT TO SCALE
1 ROAD AND UTILITY CONDEMNATIONIN FAVOR OF THE COUNTY OFRIVERSIDE REC. 11/24/2004, INST.NO. 2004-0937149, O.R. 1ROAD AND UTILITY CONDEMNATIONIN FAVOR OF THE COUNTY OFRIVERSIDE REC. 11/24/2004, INST. NO.2004-0937149, O.R. 30'
30'
15'15'
30'
30'
15'
15'
1 30'
15'15'
SEE DETAIL "I"
THIS SHEET.

DETAIL "I"

NOT TO SCALE
11861 SQ. FT.

SEE SHEET 2 FOR BASIS OF BEARINGS AND EASEMENT NOTES.

SEE SHEET 3 FOR MONUMENT NOTES AND RECORD DATA.
1 9125 SQ. FT.
293868 SQ. FT.

SEE DETAIL "J"
THIS SHEET.

DETAIL "J"

NOT TO SCALE
3 3
3 3
Item Title: 10.18 Final Map and Agreements for Tract Map 37668, Sumac Ridge by Meritage Homes Item Page Number: 16
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AGREEMENT

FOR THE CONSTRUCTION OF WATER AND SEWER IMPROVEMENTS
TRACT # 37668
This Agreement for Construction of Water and Sewer Improvements (“Agreement”) is made and entered into by and between the City of Menifee, State of California, hereinafter called City, and Meritage Homes of California, Inc., hereinafter called Developer.

WITNESSETH:

FIRST: Developer, as part of the City’s consideration of the final map for that certain land division known as Tract 37668 , hereby agrees, at Developer's own cost and expense, to furnish all labor, equipment and materials necessary to perform and complete, within Seven Hundred and Thirty Days from the date this Agreement is executed, in a good and workmanlike manner, all road and drainage improvements in accordance with those Road Plans for said land division which have been approved by the City Engineer, a copy of which are on file in the office of the City of Menifee Engineering Department, and do all work incidental thereto in accordance with the standards set forth in Riverside County Ordinance No. 460 and City Standards and Specifications, as amended, or its successor, which are hereby expressly made a part of this Agreement.

At its sole discretion, City may extend the period of time for completion of the work by providing written notice to Developer of said extension. To be effective such notice must be provided by the City Engineer. Such notice may be provided as specified in Section Nineteenth or via electronic mail to Developer at [email protected]. All the above required work shall be done under the inspection of and to the satisfaction of the City Engineer and shall not be deemed complete until approved and accepted in writing as complete by the City Engineer. Developer further agrees to maintain the above required improvements for a period of one year following acceptance by the City, and during this one year period to repair or replace, to the satisfaction of the City Engineer, any defective work or labor done or defective materials furnished. Developer further agrees that all underground improvements covered by this Agreement shall be completed prior to the paving of any roadway. The estimated cost of said work and improvements is the sum of One Million Four Hundred Thousand, Dollars, $1,400,000, (“Estimated Cost”). Prior to commencing any work, Developer shall, at its sole cost, expense, and liability, obtain all necessary permits and licenses and give all necessary and incidental notices required for the lawful construction of the work and performance of Developer’s obligations under this Agreement. Developer shall conduct the work in full compliance with the regulations, rules, and other requirements contained in any permit or license issued to Developer.

SECOND: Developer agrees to pay to City the actual cost of such inspections of the work and improvements as may be required by the City Engineer. Developer shall, at its sole cost, expense. and liabilit y, pay all fees, charges, and taxes arising out of construction of the work performed pursuant to this Agreement, including, but not limited to fees for checking, filing, and processing of improvement plans and specifications and for inspecting the construction of said work. These fees must be paid in full prior to approval of the final map and improvement plans, unless such fees have not yet been assessed and are not yet due and payable.

The fees referred to the above are not necessarily the only City fees, charges, or other cost that have been or will be imposed on the subdivision and its development, and this Agreement shall in no way exonerate or relieve Developer from paying such other applicable fees, charges and/or cost. Developer further agrees that, if suit is brought upon this Agreement or any bond guaranteeing the completion of the road and drainage improvements, all costs and reasonable expenses and fees incurred by City in successfully enforcing such obligations shall be paid by Developer, including reasonable attorney's fees, and that, upon entry of judgment, all such costs, expenses and fees shall be taxed as costs and included in any judgment rendered. Developer, not the City, shall be legally responsible for making any payment and/or taking any action required by any such judgment.

THIRD: City shall not, nor shall any officer or employee of City, be liable or responsible for any accident, loss, injury, or damage happening or occurring to the works specified in this Agreement prior to the completion and acceptance thereof, nor shall City or any officer or employee thereof, be liable for any persons or property Item Title: 10.18
Final Map and Agreements for Tract Map 37668, Sumac Ridge by Meritage Homes Item Page Number: 33
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CITY OF MENIFEE
SUBJECT: Purchase and Sale Agreement with Ahura Investments for the Purchase of Real Property
MEETING DATE: March 16, 2022
TO: Mayor and City Council
PREPARED BY: Gina Gonzalez, Economic Development Director REVIEWED BY: Gina Gonzalez, Economic Development Director APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Approve a purchase and sale agreement between Ahura Investments and the City of Menifee for the purchase of real property in the amount of $1,000,000; and

2. Designate the City Manager or his/her designee, to negotiate and execute all the necessary agreements or documents related to the property acquisition, including but not limited to the grant deed, surveying, inspection, escrow, title insurance, and full asset appraisal for a not- to-exceed amount of $12,000; and

3. Direct the City Clerk’s office to file the purchase and sale agreement and grant deed with the Riverside County Clerk’s Office.

DISCUSSION
Since the City’s incorporation in 2008, Menifee has grown over 70%, providing vital services to close to 110,000 residents and over 4,000 businesses. Menifee is anticipating population projections growing 9% over the next two years making Menifee one of the largest Cities in Southwest Riverside County. Furthermore, the City is currently the fastest growing City in Southwest Riverside County, and fifth in the State of California in population growth. As the City quickly matured from a young budding city in 2008, to now in 2022 a recognized “National Boomtown” and Top 100 Cities to Raise Kids, and Top 30 Safest Cities in California, Menifee has been struggling to expand its facilities to keep pace with the record growth, service needs, and space to provide the level of service Menifee residents have come to expect and enjoy.

In 2018, the City of Menifee entered into a lease agreement for a Menifee (Sun City) Substation at the Cherry Hills Plaza (28115 Bradly Road, #4) for a term of five years expiring in 2022. In 2020, the Menifee Police Department started transitioning services from Riverside County Item Title: 10.19
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4 Sheriff’s Department to Menifee Police Department. During this time, the Menifee Police Department has enhanced Menifee public safety programming, services, and overall community policing efforts. The enhancement of services has resulted in the need for additional parking, space, and location accessibility, as the current substation only allows for five (volunteer) cars to park, including Police Department parking. Additionally, in 2020 there was new ownership of the Police Substation building, giving the City a new landlord for the space. Lastly, since the City is currently in a lease agreement for its police substation, Menifee is at consistent risk of changing market conditions and raised rent, with no option of utilizing the space as an asset, should the City ever need to. Through the acquisition of the property occupied by the police substation, long term operational costs would be lower than renting out the substation building space.

City staff have been monitoring vacant office buildings, predominately in Sun City, and there are very minimal opportunities present that would fit the needs of the Menifee Police Department.

With that, staff discovered an opportunity on a medical office building in Sun City and obtained recent comparable costs of properties sold over the last 12 months (comparables). The ranges in recent sales were $534/sq ft and $402/sq ft in Menifee, and as low as $302/sq ft in Hemet. Menifee has some of the highest comparables in office space, both medical and professional, due to the low vacancy rates in the City, and office availability in the area. Table 1 below is an overview of those comparables.

Table 1: Comparables over the past 12 months for like-use and similar size Address City Price per Square Foot
29798 Haun Road (Condo) Menifee $534
41278 Margarita Road Temecula $500
26750 McCall Blvd Menifee $488
26720 Ynez Road Temecula $440.86
29798 Haun Road (2nd Condo) Menifee $427.35
27168 Haun Road Menifee $402
City staff then began negotiations with Ahura Investments in good faith, to bring to the City Council for consideration, and negotiated $416.67/square feet ($1,000,000) for the .27 acre/2,400 sq ft free standing building. The lot size is 11,761 and located at 27188 Sun City Blvd at the Cherry Hills Plaza (APN 337-310-005-04). The location has its own entrance off Sun City Blvd, and features 14 dedicated parking spots, nine private rooms, a large meeting room, two restrooms, and a lobby, which is currently vacant. The building recently went under a complete tenant improvement enhancement, updating the interior condition of the property within the last few years. The negotiated purchase and sale agreement for the office space is on the low end of the cost matrix for the space based on comparables in the region.

It is important to note that after any acquisition of the property, that future facility improvements, such as furniture, fixtures, security systems, technology, etc. would be required and would be taken to the City Council for future consideration and approval.

STRATEGIC PLAN OBJECTIVE
The acquisition of real property for city services allows the City to become more responsive and provide a higher standard of services to Menifee's growing community. The new opportunity to Item Title: 10.19
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4 acquire this property would provide for a permanent location for enhanced public safety services, provide an additional asset to the City and keep long term operational costs down.

FISCAL IMPACT
The fiscal impact for this item is $1,012,000 and the budget was approved during the mid-year budget review at the special City Council meeting on March 2, 2022. Specifically this purchase would be utilizing available funds from accounts 105-4555-58144 in the amount of $230,137 and 301-4555-58144 in the amount of 781,863.

ATTACHMENTS

1. Location Map

2. Purchase and Sale Agreement
Item Title: 10.19
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Item Title: 10.19
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PURCHASE AND SALE AGREEMENT
AND

JOINT ESCROW INSTRUCTIONS

THIS PURCHASE AND SALE AGREEMENT AND JOINT ESCROW
INSTRUCTIONS (this “Agreement”), dated for reference purposes only as of March 16, 2022 (“Agreement Date”), is entered into by THE CITY OF MENIFEE, a municipal corporation (“Buyer”) on the one hand, and AHURA INVESTMENTS, LLC (“Seller”), on the other. In consideration of the mutual promises contained in this Agreement, Buyer and Seller (sometimes collectively referred to as “Parties”) agree as follows:

RECITALS
A. Seller owns a free standing office building, located in the County of Riverside, and commonly known as 27188 Sun City Blvd, menifee, CA 92586, designated Assessor’s Parcel Number 337-310-005-4 and more particularly depicted on Exhibit “A” and described on Exhibit “B” (the “Land”).

B. The “Property” shall mean (i) the Land, (ii) all easements, mineral rights, oil and gas rights, water, water rights, wells, well-heads, air rights, buildings and other rights and privileges appurtenant to the Land and/or Improvements (collectively, “Appurtenances”), (iii) all buildings, structures, facilities, infrastructure and other improvements, and all additions or alterations thereto or replacements thereof, erected in, on or under the Land and/or Appurtenances (collectively, “Improvements”; the Land, Appurtenances and Improvements are collectively referred to herein as the “Real Property”), and (iv) Seller’ right, title and interest, if any, in and to all assets, rights, materials and claims used, owned or held solely in connection with the ownership, use, operation, management, development and/or enjoyment of the Real Property, including, without limitation (A) all tangible personal property located on or used solely in connection with the Real Property, including, without limitation, engineering studies, soils reports, and cost data, (B) all warranties, guaranties, indemnities and other similar rights relating solely to the Real Property and/or the assets transferred hereby, (C) all Fee Credits, Reimbursements, fees, charges, contributions, credits, refunds or reimbursements, or rights to any of the foregoing, of any nature from any Authority (as hereinafter defined) or private entity that may be applicable to or usable in lieu of any fees, assessments or other financial obligations paid or payable to a Authority or private entity for public or private facilities, parks or other improvements or amenities of any nature related solely to the Real Property or otherwise payable to Seller for any reason in connection with the Real Property, (D) all approvals, authorizations, consents, certificates, entitlements, franchises, licenses, permits, Environmental Permits, registrations, qualifications, zoning classifications, variances and other actions and rights granted by or applications or filings with any Persons (as hereinafter defined) that are held by and/or issued to Seller as of the Effective Date and are necessary or appropriate for the improvement and development of the Real Property, (E) all intangible rights (including, without limitation, goodwill) associated solely with the Real Property, and (F) all rights, claims, counterclaims, defenses, indemnities or actions, whether at common law, or pursuant to any other applicable federal, state or other laws which Seller may Item Title: 10.19
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have against any third party with respect to the Real Property or any of the items described in subparagraphs (A) through (F), inclusive, above, including, without limitation, those relating to the existence of any Hazardous Materials (as hereinafter defined) in, at, on or under the Real Property.

Anything herein to the contrary notwithstanding, Seller and Buyer acknowledge and agree that it is the express intent of the parties that all interests and title in, under and with respect to the Property (or any portion thereof) be conveyed and transferred to Buyer, subject to the terms and conditions herein, at the Closing. In connection therewith, Seller shall take such action and execute such contracts, agreements, and other instruments as may be reasonably required by Buyer in order to consummate, evidence or confirm the conveyance and transfer contemplated hereunder. The provisions of this paragraph shall survive the Close of Escrow and delivery of the Grant Deed.

C. Seller desires to sell the Property to Buyer and Buyer desires to purchase the Property from Seller, on the terms and conditions contained in this Agreement.

NOW, THEREFORE, in consideration of the foregoing recitals, the promises and covenants of the Parties in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which the Parties acknowledge, the Parties agree as follows:

1. Definitions: Capitalized terms that are not defined when first used in this Agreement have the meanings set forth below.
(a) Authorities: All bodies, entities, commissions, districts, boards and authorities that both (i) are federal, state and local governmental and quasi-governmental agencies, and (ii) have jurisdiction over the Property, the furnishing of utilities or other services to the Property, the subdivision, improvement, development, occupancy, sale, transfer or use of the Property, or have the ability assess any fees or exactions on or against the Property or any improvements on the Property.
(b) City: The City of Menifee.
(c) Closing: The act of settlement of the purchase and sale of the Property on the Closing Date, at which Seller conveys possession and title to Buyer by delivery of a grant deed and records the grant deed with the County Recorder, and Buyer delivers the Purchase Price, less deductions authorized under this Agreement, to Seller.
(d) Closing Date: The Property will be purchased and will close on the date that is fifteen (15) days after the Due Diligence Expiration Date (defined in Section 1(h)). (e) Deposit. The Deposit shall be Twenty Thousand and 00/100 Dollars ($20,000.00) and shall be deposited into Escrow pursuant to Section 3.2. (f) Documents: All engineering, geotechnical, environmental, economic, soils, marketing and other studies, surveys, grading plans, maps, drawings, plans, reports and appraisals that (i) are in Seller’s possession, custody or control at any time between the Effective Date and Item Title: 10.19
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the Due Diligence Expiration Date, and (ii) relate in any way to the Property, and all other documents relating or pertaining to the Property, Hazardous Materials on, in, under, at or about the Property, the Improvements or the Environmental Permits. (g) Due Diligence Period: The period beginning on the Effective Date and ending at 5:00 p.m. Pacific Time on the “Due Diligence Expiration Date” which shall be forty- five (45) days after the Effective Date.

(h) Effective Date: The date on which a fully executed copy of this Agreement is delivered to Escrow Agent pursuant to Section 3.1.
(i) Environmental Laws. All federal, state and local environmental laws, rules, statutes, directives, binding written interpretations, binding written policies, ordinances and regulations issued by any governmental entity or Authority and in effect as of the date of this Agreement with respect to or which otherwise pertain to or affect the Property, or any portion thereof, the use, ownership, occupancy or operation of the Property, or any portion thereof, or any owner of the Property, and as same have been amended, modified or supplemented from time to time prior to the date of this Agreement, including but not limited to the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. § 9601 et seq.), the Hazardous Substances Transportation Act (49 U.S.C. § 1802 et seq.), the Resource Conservation and Recovery Act (42 U.S.C. § 6901 et seq.), the Water Pollution Control Act (33 U.S.C. § 1251 et seq.), the Safe Drinking Water Act (42 U.S.C. § 300f et seq.), the Clean Air Act (42 U.S.C. § 7401 et seq.), the Solid Waste Disposal Act (42 U.S.C. § 6901 et seq.), the Toxic Substances Control Act (15 U.S.C. § 2601 et seq.), the Emergency Planning and Community Right-to-Know Act of 1986 (42 U.S.C. § 11001 et seq.), the Radon and Indoor Air Quality Research Act (42 U.S.C. § 7401 note, et seq.), the Superfund Amendment Reauthorization Act of 1986 (42 U.S.C. § 9601 et seq.), comparable state and local laws, and any and all rules and regulations which have become effective prior to the Effective Date under any and all of the aforementioned laws. (j) Environmental Permits: All permits, consents, certifications, permission, agreements or other authorizations required by or from any state, federal, or local regulatory entity or agency, including all Authorities, whether existing as of the Effective Date or to be pursued by Buyer from and after the Effective Date, to enable, permit and/or authorize development of the Property, and approval and certification of any mitigation measures required thereof.

Environmental Permits includes, without limitation, those under the jurisdiction of and/or issued (or to be issued) by the United States Army Corp of Engineers, United States Fish & Wildlife Service, California Regional Water Quality Control Board, and California Department of Fish & Game.
(k) Escrow Agent: Mariners Escrow, whose address is 270 Newport Center Drive, Suite 150, Newport Beach, CA 92660, phone number 949-721-6491, facsimile number 949- 721-2303, Attn: Rozelle Miyamoto.
(l) Hazardous Materials. Means any pollutants, contaminants, hazardous or toxic substances, materials or wastes (including petroleum, petroleum by-products, radon, asbestos Item Title: 10.19
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and asbestos containing materials, polychlorinated biphenyls (“PCBs”), PCB-containing equipment, radioactive elements, infectious agents, and urea formaldehyde), as such terms are used in or regulated by any Environmental Laws (excluding solvents, cleaning fluids and other lawful substances used in the ordinary operation and maintenance of the Property, to the extent in closed containers).
(m) Legal Requirements. The rules, regulations, laws, ordinances, standards, approved plans and other requirements of the Authorities. (n) Notice of Approval. A written notice that Buyer, in its sole discretion, may elect to give to Seller pursuant to Section 4.1 prior to or upon the expiration of the Due Diligence Period indicating Buyer’s willingness to proceed with the transaction. (o) Permitted Exceptions. Matters of record or otherwise affecting the Property subject to which Buyer agrees to take title, to be determined by Buyer during the Due Diligence Period and as set forth in Section 4.3.
(p) Purchase Price. The Purchase Price shall be One Million and 00/100 Dollars ($1,000,000.00).
(q) Title Company. First American Title Company, whose address is 4 First American Way, Santa Ana, CA 92707, phone number 714-250-7389, facsimile number 714-361- 3599, Attn: Joel Sotto.

2. Purchase and Sale. Subject to the terms and conditions of this Agreement, Seller agree to sell to Buyer, and Buyer agrees to purchase from Seller, the Property in fee simple.

3. Escrow and Deposit.

3.1 Opening of Escrow. No later than five (5) days after mutual execution of this Agreement by the Parties, the Parties shall deliver an executed copy of this Agreement to Escrow Agent and shall open escrow if such escrow has not previously been opened. Escrow Agent shall promptly notify Buyer and Seller in writing of the date of the opening of escrow. The “Effective Date” of this Agreement shall be the date that a fully executed copy of this Agreement is submitted into escrow. This Agreement shall constitute joint escrow instructions to Escrow Agent. The Parties shall execute such additional instructions not inconsistent with the Escrow Agent’s general instructions; provided, however, that as between the Parties, if any conflict between the provisions of this Agreement and the provisions of Escrow Agent’s general instructions exists or arises, the provisions of this Agreement shall control. Pursuant to Section

7.8, Escrow Agent is designated the “real estate reporting person” for purposes of Section 6045 of the Internal Revenue Code of 1996, as amended and Treasury Regulation 1.6045-4 and any instructions or settlement statement prepared by Escrow Agent shall so provide. The period between the opening of Escrow and the Closing Date shall be the “Escrow Period.” Item Title: 10.19
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3.2 Deposits. The Deposit and any other cash held by Escrow Agent shall be held in a federally insured interest bearing account, and the interest shall be held for Buyer’s benefit. The Deposit shall be fully applicable to the Purchase Price, except as set forth in Section

3.2(a) below.
(a) Deposit. Buyer shall deposit the Deposit into Escrow on the Effective Date. A portion of the Deposit equal to One Hundred Dollars ($100.00) (the “Independent Consideration”) shall be paid to Seller upon the earlier of the Close of Escrow or the termination of this Agreement for any reason. The Independent Consideration shall be deemed fully earned by Seller as of the date hereof and shall not be refundable under any circumstance. The Independent Consideration has been bargained for and agreed to as consideration for Buyer's exclusive right to purchase the Property and tendered to Seller in recognition of the bilateral nature of this Agreement. The Independent Consideration is in addition to and independent of all other consideration provided in this Agreement, and is not credited toward the Purchase Price at Closing.
(b) Release of Deposit. Upon Buyer giving the Notice of Approval pursuant to Section 4.1, the Deposit shall be released and disbursed by Escrow Agent to Seller. At the Closing, the Deposit, minus the Independent Consideration, shall be credited against the Purchase Price. If Buyer does not give the Notice of Approval prior to the expiration of the Due Diligence Period, then the Deposit shall be returned to Buyer along with all interest accrued thereon, as further set forth in Section 3.3.

3.3 Buyer’s Right to Terminate. In the event that Buyer reasonably determines at any time during the Escrow Period that for any reason Buyer does not wish to proceed with the purchase of the Property, then Buyer may terminate the escrow.

3.3.1. If such termination occurs after Buyer gives Notice of Approval and is not due, in whole or in part, to either (i) Seller’ default under this Agreement that Buyer discovers after the issuance of a Notice of Approval or (ii) failure of a Buyer Closing Condition described in Section 5.1, then the Deposit shall be paid and released to Seller as liquidated damages pursuant to Section 10.1, and Buyer and Seller shall have no further obligations to each other except for any obligations which expressly survive termination.

3.3.2. If such termination occurs prior to Buyer giving Notice of Approval, or after Buyer has given the Notice of Approval and is due in whole or in part to either (i) failure of a Buyer Closing Condition set forth in Section 5.1, or (ii) Seller’ default under this Agreement that Buyer discovers prior to the issuance of a Notice of Approval, then the entire Deposit and any accrued interest on the Deposit shall be immediately paid and returned to Buyer, and Buyer and Item Title: 10.19
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Seller shall have no further obligations to each other except for any obligations which expressly survive termination.

3.3.3. Under any of the provisions of Section 3.3.1 or 3.3.2, Escrow Agent shall immediately return the Deposit to the designated party without any additional instructions from Buyer and/or Seller and without any imposed conditions and Escrow Agent shall immediately return all other documents, instruments and monies to the party which deposited same. The provisions of this Section 3 constitute binding instructions and obligations upon the Escrow Agent and expressly authorize the release and return of the Deposit as provided herein.

3.5 Memorandum of Agreement.

3.5.1. Recordation of Memorandum . Concurrently with the execution of this Agreement, Seller and Buyer shall execute in recordable form and deliver to Escrow Agent a Memorandum of this Agreement, in the form attached hereto as Exhibit "C" (the "Memorandum"). If Buyer gives the Notice of Approval pursuant to Section 4.1, Escrow Agent shall promptly record the Memorandum.

3.5.2. Quitclaim Deed. Within five (5) days after recordation of the Memorandum, Buyer shall execute in recordable form and deliver to Escrow Agent: (1) a quitclaim deed in the form attached hereto as Exhibit "D" for the Property (the "Quitclaim Deed"); and (2) signed escrow instructions in the form attached hereto as Exhibit "E" authorizing the Escrow Agent to record or return the Quitclaim Deed in accordance with the provisions of this Section. If escrow does not close on or before the Closing Date (as may be extended), or if this Agreement is terminated as herein provided, Escrow Agent shall attach the legal description of the Property and record the Quitclaim Deed in the Official Records of the County, without further instructions of the parties. If Buyer closes escrow on the Property, Escrow Agent shall return the unrecorded Quitclaim Deed to Buyer at the Close of Escrow.

4. Preliminary Matters.

4.1. Due Diligence Study / Notice of Approval. Seller shall cooperate with Buyer and shall provide to Buyer within two (2) days after the Effective Date at no cost to Buyer, all Documents and other pertinent information relating to the Property, including, but not limited to, any and all “Property Documents” as described in Section 4.1.1, which are in Seller’ possession, custody or control. Buyer shall have the right during the Due Diligence Period to investigate title and to conduct any feasibility, economic, environmental, title or engineering studies, or make such other investigations, studies and tests with respect to the Property as Buyer deems necessary or appropriate to determine the feasibility of purchasing the Property. If Buyer elects to proceed with the purchase of the Property after conducting such investigations, then at any time prior to or commensurate with the expiration of the Due Diligence Period, Buyer may, in its sole discretion, deliver “Notice of Approval” to Seller and Escrow Agent. Buyer’s failure to give the Notice of Approval prior to the Due Diligence Expiration Date will be deemed Buyer’s election not to proceed with the purchase of the Property and termination of this Agreement, whereupon any Deposit previously paid into Escrow and all interest accrued thereon while in Item Title: 10.19
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Escrow shall be immediately released to Buyer, and no Party hereto shall have any further obligation or liability to the other with respect to the transactions contemplated by this Agreement, except for obligations which expressly survive termination.

4.1.1. Property Documents. The Property Documents, to the extent such exist and are within Seller’s possession, custody or control, include without limitation:
(i) All right of entry agreements for or related to the Property; (ii) Any environmental studies related to the Property; (iii) All improvement plans related to or associated with the Property or any portion thereof;
(iv) Copies of all permits issued by any Authority with respect to the Property;
(v) All soils reports related to or associated with the Property and all documents relating to the grading and/or compaction of the Property;
(vi) Any leases or rental agreements related to the Property, including without limitation, all agricultural leases;
(vii) All documents related to Environmental Permits for the Property; (viii) All documents related to any Hazardous Materials at, on, under, in or about the Property;
(ix) All Phase I and Phase II studies for the Property; (x) The terms of any oral agreements respecting the Property; (xi) A Natural Hazard Disclosure Statement for the Property; (xii) All feasibility studies related to potential development of the Property;
(xiii) All engineering plans, estimates or studies related to the Property; (xiv) All documents related to or associated with, in any way, the Property’s condition;
(xv) All revenue and operational cost documents;
(xvi) Any improvement cost estimates;
(xvii) All correspondence related to the Property not otherwise specifically requested herein;
(xviii) All other due diligence information; and,

4.2. Right of Entry. During the Due Diligence Period and thereafter until this Agreement is terminated, Buyer, its employees, agents, contractors and subcontractors shall have the right to enter upon the Property and while thereon make surveys, take measurements, perform test borings or other tests of surface and subsurface conditions, including soils and water, make engineering, architectural, environmental and other studies and inspect the Property. If Buyer exercises its rights of entry under the provisions of this Section 4.2, Buyer shall (i) keep the Property free of any liens or third-party claims resulting therefrom; (ii) indemnify and defend Seller against any liability or expense for injuries to or death of persons or damage to property resulting solely and directly from Buyer’s exercise of its rights hereunder; provided that Buyer shall have no responsibility or liability for any act or omission of Seller or its agents, employees Item Title: 10.19
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or contractors and/or for any adverse condition or defect on or affecting the Property not caused by Buyer or its employees, agents, contractors, or subcontractors (including those discovered during their inspections), or for any loss or damage resulting from latent defects or Hazardous Materials within, on or adjacent to the Property which were present before Buyer’s entry on the Property; and (iii) if the Closing does not occur for any reason (other than a default by Seller), restore as nearly as practicable any portion of the Property affected by such entry substantially to its condition immediately before such entry. The indemnification provisions of this Section 4.2 shall survive the termination of this Agreement for twelve (12) months.

4.3. Title Review. Within five (5) days after the Effective Date, Seller shall deliver to Buyer (or shall cause Title Company to deliver to Buyer) a current Preliminary Title Report (“Title Report”) covering the Property, issued by the Title Company, together with legible copies of all documents referenced therein as exceptions to title, a plat or map of the Property showing the locations of all recorded easements and encumbrances, and any and all plans, surveys and specifications for the Property. No later than ten (10) days prior to the Due Diligence Expiration Date, Buyer shall deliver to Seller Buyer’s “Title Notice” in which Buyer shall notify Seller of Buyer’s objections to title, if any (the “Disapproved Exceptions”). Any exception to title listed on the Title Report, and not objected to by Buyer in the Title Notice shall be a “Permitted Exception.” All monetary liens or encumbrances shall be Disapproved Exceptions and Seller shall be obligated to eliminate all such disapproved monetary liens and encumbrances as of Closing, regardless of whether identified by Buyer in the Title Notice. If not removed prior to Closing, then all such monetary liens and/or encumbrance shall be paid at Closing out of the net proceeds of the Purchase Price. No later than five (5) days prior to the Due Diligence Expiration Date, Seller shall notify Buyer in writing as to which, if any, of the Disapproved Exceptions Seller or Title Company will eliminate (except for all such disapproved monetary liens and encumbrances, which must be eliminated). If Seller do not agree to eliminate each of the Disapproved Exceptions, then unless Buyer shall notify Seller in writing on or before 5:00 p.m.

Pacific Time on the Due Diligence Expiration Date that Buyer elects to waive its disapproval, Buyer shall be deemed to have disapproved title, Escrow shall terminate, Escrow Agent shall immediately return the remaining Deposit to Buyer without any additional instructions from Seller and without any imposed conditions and Escrow Agent shall immediately return all other documents, instruments and monies to the party which deposited same. The initials of the Parties below expressly authorize the release and return of the remaining Deposit to Buyer without additional conditions or instructions.

Buyer’s Initials Seller’ Initials _
Seller shall deliver title to the Property at Closing subject only to the Permitted Exceptions and any other matters to which Buyer has consented in writing.

4.4. Destruction, Damage or Loss. Subsequent to the Date of Agreement and prior to Closing there shall not have occurred a destruction of, or damage or loss to, the Property or any por on thereof, from any cause whatsoever, including during the due diligence period, which would cost more than $10,000.00 to repair or cure. If the cost of repair or cure is $10,000.00 or less, Seller shall repair or cure the loss prior to the Closing. Buyer shall have the option, within Item Title: 10.19
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10 days after receipt of written notice of a loss costing more than $10,000.00 to repair or cure, to either terminate this Agreement or to purchase the Property notwithstanding such loss, but without deduction or offset against the Purchase Price. If the cost to repair or cure is more than $10,000.00, and Buyer does not elect to terminate this Agreement, Buyer shall be entitled to any insurance proceeds applicable to such loss. Unless otherwise notified in writing, Escrow Holder shall assume no such destruction, damage or loss has occurred prior to Closing in the Due Diligence period.

4.5. Seller’ Incurred Costs. Any costs, fees or expenses incurred by Seller with respect to the Property prior to the Closing Date, or planning, engineering or construction of any improvements on the Property prior to the Closing Date, any and work performed by or on behalf of Seller or the responsibility of Seller pursuant to Section 4.9, shall be the sole responsibility of Seller, and Buyer shall have no liability thereof.

4.6. Agreement to Cooperate. Each Party shall execute, acknowledge, seal and deliver, after the Effective Date, including at or after Closing, such further assurances, instruments and documents as the other may reasonably request in order to fulfill the intent of this Agreement and the transactions contemplated hereby. Following a reasonable request for further assurances, instruments and/or documents from one Party to the other, the requested Party shall reasonably respond to the request within thirty-six (36) hours, and shall not unreasonably withhold compliance with the request. The obligations of this Section 4.6 shall survive closing and delivery of the deed.

4.7. Fee Credits. Although neither Party is aware of any specific circumstances giving rise to Fee Credits (as defined below), Buyer acknowledges that due to Seller’ and/or Buyer’s efforts or actions, the hypothetical possibility that Seller may own, have the rights to or acquire certain public facilities fee credits (“Fee Credits”). To the extent such Fee Credits exist as of the Closing Date, at Closing Seller shall transfer and assign to Buyer all rights to Fee Credits applicable, in whole or in part, to the Property. Buyer’s and Seller’ obligations under this Section

4.7 shall expressly survive the Closing and the recordation and delivery of the Deed and shall not be deemed merged into the Deed upon its recordation.

4.8. Reimbursements. Although neither Party is aware of any specific circumstances giving rise to Reimbursements (as defined below) the hypothetical possibility exisst that activities of, or payments by, Seller and/or Buyer, may result in payments or reimbursements by one or more special districts or assessment districts or utilities (collectively, “Reimbursements”). To the extent such Reimbursements exist as of the Closing Date, at Closing, Seller shall transfer and assign to Buyer all rights to Reimbursements as are applicable, in whole or in part, to the Property. Buyer’s and Seller’ obligations under this Section 4.8 shall expressly survive the Closing and the recordation and delivery of the Deed and shall not be deemed merged into the Deed upon its recordation.

5. Conditions Precedent to Closing.

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5.1 Buyer Closing Conditions. Buyer’s obligation to complete the Closing shall be conditioned upon the satisfaction (or Buyer’s written waiver thereof) of each of the conditions precedent set forth in this Section 5.1 (the “Buyer Closing Conditions”). If these conditions are not satisfied (or waived by Buyer), then without limiting any other remedies Buyer may have hereunder, and notwithstanding any other provision of this Agreement that may be construed to the contrary, Buyer shall have the right to terminate this Agreement and recover the Deposit including any amounts previously released to Seller, and Seller shall immediately pay such Deposit to Buyer. Notwithstanding the foregoing, Buyer shall not have the right to waive the condition in Section 5.1(h). Buyer’s conditions precedent are as follows:
(a) Title. Title Company shall be irrevocably committed to issue to Buyer at Closing a Title Policy (defined in Section 7.1) of title insurance in the amount of the Purchase Price, showing title to the Property vested in Buyer, and containing no exceptions to title or exclusions from coverage other than the Permitted Exceptions.

(b) Representations. Each of Seller’ representations and warranties as set forth in this Agreement shall be true as of the date of Closing. (c) Seller’ Other Obligations. Seller shall have performed all of their covenants and obligations as set forth in this Agreement. (d) Environmental Condition. Buyer shall, in Buyer’s good faith determination, be satisfied that since the end of the Due Diligence Period, the environmental conditions relating to the Property have not changed such that Buyer is subject or otherwise potentially exposed to any fee, expense, cost, obligation or liability in regard to the Property. (e) Litigation. Between the Effective Date and the Closing Date, there shall be no litigation, arbitration or proceeding pending, or to the best of Seller’ knowledge, threatened, before any court or administrative agency that relates to or affects the Property, Seller’ performance hereunder, Buyer’s use of the Property, or which will result in any unsatisfied lien, charge, encumbrance or judgment against any part of or any interest in the Property or any portion thereof.
(f) No Material Adverse Change. Between the Effective Date and the Closing Date, there shall have been no material adverse changes in the condition, status or fitness of the Property for Buyer’s use or in the facts or circumstances concerning the Property. (g) No Leasehold. The Property shall be free of any leasehold, tenancy, occupancy or other possessory interests.
(h) Legal Parcel. The Property shall be constituted of one or more separate legal parcels capable of transfer under the Subdivision Map Act.

5.2 Seller’ Closing Conditions. Seller’ obligation to complete the Closing shall be conditioned upon the satisfaction (or Seller’ written waiver thereof) of each of the conditions Item Title: 10.19
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precedent set forth in this Section 5.2 (the “Seller’ Closing Conditions”). If conditions 5.2(a) or

5.2(b) are not satisfied (or waived by Seller), then without limiting any other remedies Seller may have hereunder, Seller shall have the right to terminate this Agreement and right to retain (or receive) the Deposit to the extent otherwise authorized in Section 3 of this Agreement. If condition

5.2(c) is not satisfied, Buyer shall be entitled to recover the Deposit, including any amounts previously released to Seller, and Seller shall immediately pay such Deposit to Buyer.

Notwithstanding the foregoing, Buyer shall not have the right to waive the condition in Section

5.2(c). The Seller’ conditions precedent are as follows:
(a) Representations. Each of Buyer’s representations and warranties as set forth in this Agreement shall be true as of the date of Closing. (b) Buyer’s Obligations. Buyer shall have performed all of its covenants and obligations as set forth in this Agreement. (c) Legal Parcel. The Property shall be constituted of one or more separate legal parcels capable of transfer under the Subdivision Map Act.

6. Closing Date / Extension.

6.1. Timing. Subject to Section 6.2, the Closing shall take place on or before the Closing Date. Closing shall occur at the offices of Escrow Agent during normal business hours or at such other location as Buyer and Seller may mutually agree.

7. Closing.

7.1. Payment of Purchase Price Balance. Provided Seller have deposited all of the items required by Section 7.2.1 no later than two (2) business days prior to the Closing Date, provided all conditions of Section 5 have been fully satisfied or waived, and provided the Title Company has confirmed to Buyer in writing that it is unconditionally committed to issue a CLTA standard coverage owners policy of title insurance showing title to the Property vested in Buyer, or to the extent requested by Buyer, an ALTA extended owner’s policy (the “Title Policy”), to Buyer upon consummation of the Closing, before the Closing Date and pursuant to Section 7.2.2, Buyer shall deposit with Escrow Agent the Purchase Price less any deductions permitted under this Agreement.

7.2. Delivery of Documentation.

7.2.1. Seller’ Delivery. No later than three (3) business days prior to Closing, Seller shall execute, acknowledge, and deliver to Escrow Agent, (i) Seller’ grant deed conveying to Buyer fee simple title to the Property; (ii) a Bill of Sale and Assignment (the “Bill of Sale”) in the form of Exhibit “F” attached hereto; (iii) an affidavit pursuant to Section l445(b)(2) of the Code, and on which Buyer is entitled to rely, stating that Seller are not “foreign persons” within the meaning of Section l445(f)(3) of the Code and a California 593-C Certificate; (iv) evidence that Seller are exempt from the withholding obligations imposed by California Revenue Item Title: 10.19
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and Taxation Code Sections 18805, 18815, and 26131; and (v) such other bills of sale, assignments, and other documents or instruments of transfer or conveyance as Escrow Agent may reasonably request or as may be otherwise necessary to evidence and effect the sale, assignment, transfer, conveyance and delivery of the Property to Buyer.

7.2.2. Buyer’s Delivery. No later than two (2) business days prior to Closing, Buyer shall execute, acknowledge, and/or deliver to Escrow Agent, (i) the Purchase Price, less the Deposit but excluding the Independent Consideration previously paid into Escrow; (ii) such other amounts required by Escrow Agent to satisfy Buyer’s obligations under Sections 7.3 and 7.4; and (iii) such documents or instruments as Escrow Agent may reasonably request or as may be otherwise necessary to evidence and effect the sale, assignment, transfer, conveyance and delivery of the Property.

7.3. Prorations. All real estate taxes, and all other public or governmental charges and public or private assessments against the Property (including any metropolitan district, sanitary commission, benefit charges, liens or encumbrances for sewer, water, drainage or other public improvements whether completed or commenced on or prior to the date hereof or subsequent thereto), shall be adjusted and prorated between the Parties as of the day prior to Closing and shall thereafter be assumed and paid by Buyer, whether or not assessments have been levied as of the date of Closing. For monthly prorations, adjustments shall be made on the basis of a 30-day month; for annual prorations (such as taxes), adjustments shall be made on the basis of a 365-day year. Any tax proration based on an estimate shall be subsequently readjusted upon receipt of a tax bill. The obligation to adjust shall survive Closing and shall not be merged with the Deed.

7.4 Closing Costs. Seller shall pay the cost of a CLTA standard title policy, and Buyer shall pay the incremental cost of an ALTA extended policy, if Buyer elects to obtain such a policy, as well as the cost of any survey required thereof. Seller shall pay the County transfer tax and any city transfer tax, if applicable. Seller and Buyer shall share equally in remaining costs of escrow. All other closing costs shall be apportioned between the parties as is customary in the County.

7.5 Escrow Agents Actions. Upon the Closing Date, when Escrow Agent holds the items required to be deposited by Seller and Buyer as described above and Title Company is prepared and committed to issue and deliver to Buyer the applicable Title Policy, Escrow Agent is instructed and authorized to:
1) record the Grant Deed in the office of the County Recorder of the County; 2) pay any City and County transfer taxes on behalf of Seller; 3) pay any pro-rated taxes and assessments that are the responsibility of Seller pursuant to Section 7.3;
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4) pay any other closing costs that are the responsibility of the Seller pursuant to Section 7.4;

5) instruct the County Recorder to deliver the recorded Grant Deed to Buyer;
6) disburse to Seller from the funds deposited into escrow by Buyer the net Purchase Price, less Seller’ cash charges as prorated in accordance with Section 7.3 and Section 7.4;
7) disburse from funds deposited by Buyer amounts toward payment of all other items chargeable to the account of Buyer under this Agreement, and disburse the balance of such funds if any, to Buyer; and, 8) deliver to Buyer the Bill of Sale and the Title Policy.

7.6. Escrow Cancellation Charges. If the Closing does not occur because of the default of a party, the defaulting party shall bear all escrow cancellation charges. If the Closing does not occur for any reason other than the default of a party, then Buyer and Seller shall each pay fifty percent (50%) of any escrow cancellation charges, if so charged by Escrow Agent. As used herein, “escrow cancellation charges” means all fees, charges, costs, and expenses incurred by Escrow Agent or Third Parties engaged by escrow agent, as well as all expenses related to the services of the title company in connection with the issuance of the preliminary report and other title matters.

7.7 Title and Possession. Upon Closing, Seller shall convey title to the Property to Buyer, subject only to the Permitted Exceptions, and Seller shall deliver to Buyer exclusive possession of the Property.

7.8 Designation of Reporting Person. In order to assure compliance with the requirements of Section 6045 of the Internal Revenue Code of 1986, as amended (for purposes of this Section 7.8, the “Code”), and any related reporting requirements of the Code, Seller and Buyer hereby designate Escrow Agent as the person to be responsible for all information reporting under Section 6045(e) of the Code (the “Reporting Person”). In connection with the foregoing appointment, Seller and Buyer hereby agree: (a) to provide to the Reporting Person all information and certifications regarding such party, as reasonably requested by the Reporting Person or otherwise required to be provided by a party to the transaction described herein under Section 6045 of the Code; and (b) to provide to the Reporting Person such party’s taxpayer identification number and a statement (on Internal Revenue Service Form W-9 or an acceptable substitute form, or on any other form the applicable current or future Code sections and regulations might require and/or any form requested by the Reporting Person), signed under penalties of perjury, stating that the taxpayer identification number supplied by such party to the Reporting Person is correct. Each party hereto agrees to retain this Agreement for not less than four years from the end of the calendar year in which the Closing occurred, and to produce it to the Internal Revenue Service upon a valid request therefore.

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8. Condemnation / Destruction.

8.1. Condemnation. If after the Effective Date and prior to Closing all or any part of the Property is taken or threatened to be taken by eminent domain or condemnation, Buyer may elect either (a) to terminate this Agreement, as to the entire Property, in which event the entire Deposit, whether released or not, shall be returned to Buyer and this Agreement shall be null and void and of no further force or effect; or (b) to consummate Closing as herein provided, in which event Seller shall pay or assign to Buyer all condemnation awards or payments in respect of the Property. If this Agreement is terminated in full pursuant to this Section 8.1, neither Party shall have any further rights, duties, obligations or liabilities, at law or in equity, arising out of or relating to this Agreement except for those that specifically survive termination of this Agreement pursuant to other sections hereof, and Buyer shall recover the Deposit. The provisions of this Section 8.1 shall survive termination of this Agreement.

8.2. Damage/Destruction. If after the Due Diligence Expiration Date and prior to Closing, all or any part of the Property is damaged or destroyed or found to be materially defective and such damage, Buyer may elect either: (a) to terminate this Agreement, as to the entire Property, in which event the entire Deposit, whether released or not, shall be immediately paid and returned to Buyer, and this Agreement shall be null and void and of no further force or effect; or (b) to consummate Closing as herein provided, in which event Seller shall pay or assign to Buyer all insurance payments, awards or proceeds with respect to the Property. If this Agreement is terminated in full pursuant to this Section 8.2, neither Party shall have any further rights, duties, obligations or liabilities, at law or in equity, arising out of or relating to this Agreement except for those that specifically survive termination of this Agreement pursuant to other sections hereof, and Buyer shall recover the Deposit.

9. Seller’ Covenants.

9.1. Maintain Property. Seller shall keep, preserve and maintain the condition of the Property in as good a condition or better than as it exists on the Effective Date.

9.2. Taxes. Seller shall pay all assessments, levies or taxes due through the Closing Date on account of the Property pursuant to Section 7.3.

9.3. No Marketing. Seller agrees not to market, show or list the Property to any other prospective buyer during the term of this Agreement, and shall neither solicit nor receive any back-up offers with respect to the Property.

9.4. Access to Property. Buyer and Buyer’s representatives, agents and designees shall have the right at all reasonable times until Closing to access and enter the Property as provided in Section 4.2.

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9.5. No Amendments. Seller shall not amend or waive any right under any Document nor enter into any lease or other agreement of any type affecting the Property that would survive the Closing Date without Buyer’s prior written consent.

9.6. Brokerage Fees and Commissions. Seller shall be solely responsible for all brokerage fees and commissions associated with the sale of the Property by Seller to Buyer, including without limitation any fees, charges, assessments, or other amounts owed to Madison Marquette Real Estate Services (License No. 01835739), Eileen Doody (License No. 00965140), eXp Realty (License No. 018578277), and Jason Graham/Kris McGee (License Nos. 01766858 and 01996570). This Section 9.6 shall survive the Close of Escrow, delivery of the deed or earlier termination of this Agreement.

9.7. Payment For Pre-Closing Work / Satisfaction of Liens. Seller agree to pay any amounts owed by Seller for work performed on behalf of Seller or materials provided to Seller prior to the Close of Escrow in connection with the Property. If any liens are filed against the Property for work performed on the Property by or on behalf of Seller prior to close of escrow, then Seller shall immediately pay, satisfy and remove said lien and record, prior to or concurrent with Closing, a release of lien satisfactory to Buyer and Title Company. Seller shall indemnify Buyer from any damages, costs, liabilities of expenses arising out of or related to any such liens. This Section 9.7 shall survive the Close of Escrow, delivery of the deed or earlier termination of this Agreement.

10. Default / Indemnity.

10.1. Buyer Default. LIQUIDATED DAMAGES: BUYER AND SELLER

AGREE THAT IF, AFTER BUYER GIVES ITS NOTICE OF APPROVAL, BUYER

DEFAULTS ON ITS OBLIGATION TO COMPLETE THE CLOSING PURSUANT TO THIS

AGREEMENT, THE DAMAGES TO SELLER WOULD BE DIFFICULT AND IMPRACTICAL TO DETERMINE. ACCORDINGLY, BUYER AND SELLER HAVE

AGREED TO FIX AS LIQUIDATED DAMAGES THE AMOUNT OF THE DEPOSIT, AND

SELLER MAY RETAIN SUCH AMOUNT WITHOUT RESTRICTION AS LIQUIDATED DAMAGES, AND WHICH SHALL CONSTITUTE SELLER’S SOLE AND EXCLUSIVE REMEDY FOR SUCH DEFAULT. SELLER’S RETENTION OF SUCH AMOUNT AS

LIQUIDATED DAMAGES IS NOT INTENDED AS A FORFEITURE OR PENALTY UNDER CALIFORNIA CIVIL CODE SECTIONS 3275 OR 3369, BUT INSTEAD, IS INTENDED TO CONSTITUTE LIQUIDATED DAMAGES TO SELLER PURSUANT TO SECTIONS 1671, 1676 AND 1677 OF THE CALIFORNIA CIVIL CODE. SELLER AGREES THAT THESE

LIQUIDATED DAMAGES SHALL BE IN LIEU OF ANY OTHER MONETARY RELIEF OR

OTHER REMEDY, INCLUDING WITHOUT LIMITATION SPECIFIC PERFORMANCE, TO

WHICH SELLER OTHERWISE MIGHT BE ENTITLED UNDER THIS AGREEMENT, AT LAW OR IN EQUITY. THE LIMITATIONS CONTAINED IN THIS SECTION SHALL NOT Item Title: 10.19
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APPLY TO ANY INDEMNITY OBLIGATIONS CONTAINED IN THIS AGREEMENT, NOR TO ANY CLAIM FOR COSTS OR ATTORNEY’S FEES UNDER SECTION 15.12. BUYER

AND SELLER SPECIFICALLY ACKNOWLEDGE THEIR AGREEMENT TO THE

FOREGOING LIQUIDATED DAMAGES PROVISION BY INITIALING THIS PARAGRAPH IN THE APPROPRIATE SPACES PROVIDED BELOW:

Buyer’s Initials Seller’ Initials _ Seller’ Initials _

10.2. Seller’ Default. If Seller default on their obligations hereunder, Buyer shall be entitled to terminate this Agreement or seek specific performance. In the event Buyer elects to terminate this Agreement on account of Seller’ default, the Deposit (if made), including any amount previously released to Seller and all interest accrued thereon, shall immediately be paid and returned to Buyer. Additionally, as its sole and exclusive additional remedy, Buyer shall be entitled to maintain an action or actions against Seller to recover Buyer’s out-of pocket losses, costs and expenses related to or arising out of Seller’ default of this Agreement; provided, however, that Buyer shall have no right to recover consequential damages from Seller in such action or actions. Nothing herein precludes or limits Buyer’s right to recover costs and attorney’s fees pursuant to Section 15.12.

10.3. Cure Period. Notwithstanding the provisions of Section 10.1 and Section

10.2 above, no default by either Party hereto shall result in a termination or limitation of any rights of such Party hereunder unless and until the other Party shall have notified the defaulting Party in writing of said default, and (i) the defaulting Party shall have failed to cure said default within ten (10) days after the receipt of said written notice where the default is capable of being cured within ten (10) days, or (ii) if such party immediately with due diligence, commences to cure, correct or remedy such default and thereafter diligently and continuously pursues such cure, correction or remedy to completion, where such default cannot be cured within ten (10) days. Notwithstanding the foregoing, under no circumstance shall any cure period last longer than thirty (30) days. To the extent Seller fail to do or perform some act that Buyer requires to complete its feasibility review, then Buyer shall be entitled to an extension of the Due Diligence Period for the same period of time as Seller’ cure period. This Section 10.3 does not apply to the Closing.

11. Notices. All notices required hereunder shall be in writing, and shall be delivered by personal delivery, commercial courier, or by mailing such notice by first class mail, certified, return receipt requested, postage and fees prepaid, addressed as follows:

To Seller: AHURA INVESTMENTS, LLC
Attn: Nikan Khatibi
29911 Niguel Road Unit 6429
Laguna Niguel, CA 92607
Email: [email protected]
To Buyer: CITY OF MENIFEE
Attn: City Clerk
29844 Haun Rd,
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Menifee, CA 92586
Telephone: (951) 672-6777
To Title Company: First American Title Company
Joel Sotto, Title Officer
4 First American Way
Santa Ana, CA 92707
Telephone: 714-250-7389
E-mail: [email protected]
or to such other address as either Party may designate by written notice to the other. All notices shall be deemed delivered upon actual receipt or refusal of delivery.

12. Brokers. Seller hereby agrees to indemnify, defend and hold Buyer free and harmless from and against any and all claims for any real estate brokerage commission or finder’s commission or fee owed by Seller to any broker, agent, finder or third party retained by Seller.

13. Representations and Warranties.

13.1. Mutual Representations. To induce each other to enter into this Agreement, each Party hereby represents and warrants to the other, that (i) it has been duly authorized and empowered to enter into this Agreement and to perform fully its obligations hereunder, (ii) such obligations constitute the valid and binding obligations of such Party, enforceable in accordance with their terms, and (iii) that no further consents of any other person, entity, public body or court are required in connection with the execution of this Agreement and the performance of all obligations hereunder.

13.2. Seller’ Warranties and Representations. To induce Buyer to enter into this Agreement, Seller make the following representations and warranties. To the extent a representation or warranty is made to “Seller’ knowledge” such is made to the actual knowledge of Seller.
(a) Condemnation, Rezoning or Reclassification. Except as described in Sections 5.1(e), 8.1.1 and 8.1.2, there is not pending, or to Seller’ knowledge, threatened, any (A) condemnation proceeding or other litigation relating to or otherwise affecting Seller or the Property, or (B) except as contemplated by this Agreement, reclassification of any or all of the Property for local zoning purposes, or reassessment or reclassification of any or all of the Property for state or local real property taxation purposes.
(b) Violations. To Seller’ knowledge, there is not pending or threatened, from any federal, state, city or local Authority any notice, suit or judgment relating to any violation of any statute, ordinance, law, regulation or code regarding zoning, building, fire, air-pollution, Hazardous Materials or health law on or at the Property.

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(c) Environmental Condition. To Seller’s knowledge, the Property including the land, surface water, ground water, and any improvements is free of Contamination from any Hazardous Materials. “Contamination” means the presence of Hazardous Materials at, on, under or about the Property or arising from the Property that may require remediation or cleanup under any applicable law. To Seller knowledge, Seller have not used, deposited, stored or disposed of any Hazardous Materials on, in, under, upon, from or affecting the Property in any manner that violates any applicable law and to Seller’ knowledge, no prior owner or user of the Property has used such Hazardous Materials on, from, or affecting the Property in any manner which violates any applicable law. Without limiting in any respect the generality of the foregoing, to Seller’ knowledge, there are no actual, alleged or perceived health issues applicable to any portion of the Property. To Seller knowledge, copies of any environmental reports that may have been or that are delivered by Seller to Buyer, are complete copies of the reports obtained by Seller, and Seller have no other environmental reports, tests or audits in their possession or under their control, and to Seller knowledge there are no other environmental reports, tests or audits regarding any portion of the Property existing elsewhere.
(d) Litigation. To Seller’s knowledge, there is no litigation, arbitration or proceeding pending or threatened, before any court or administrative agency or any other condition that relates to or affects the Property, Seller’ performance hereunder, Buyer’s intended use of the Property, or which will result in any unsatisfied lien, charge, encumbrance or judgment by Seller against any part of or any interest in the Property, except as set forth in Section 5.1(e) above.
(e) Title. Title to the Property is subject to no tenancy or other right of use or occupancy which will remain in effect at or after Closing. (f) No Breach. To Seller’ knowledge, the execution and delivery of this Agreement by Seller, the execution and delivery of every other document and instrument delivered pursuant hereto by or on behalf of Seller, and the consummation of the transactions contemplated hereby will not (A) constitute or result in the breach of or default under any agreement to which Seller are a party or which affects the Property; (B) constitute or result in a violation of any order, decree, or injunction with respect to which Seller and/or the Property are bound; (C) cause or entitle any party to have a right to accelerate or declare a default under any agreement to which Seller are a party or which affects the Property; and/or (D) violate any provision of any municipal, state or federal law, statutory or otherwise, to which Seller or the Property are or may be subject. (g) No Assessments. To Seller’ knowledge, there are no public improvements or conditions of approval or mitigation measures related thereto, received by Seller through the Effective Date, which have been ordered to be made or assessed, and there are no special, general, or other assessments pending, threatened against or affecting the Property. (h) No Contracts. Seller have not entered into any other contracts, agreements or understandings, verbal or written, for the sale, lease or transfer of any portion of the Property. Between the Effective Date and Closing, no part of the Property shall be alienated, encumbered or transferred except as contemplated by this Agreement.

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(i) No Defaults. To Seller knowledge, as of the date of the execution of this Agreement, there exists no default under any contract, agreement, lease, instrument, encumbrance, or transaction to which Seller are a party relating to the Property. (j) No Endangered Species. To Seller’s knowledge, there are no threatened and/or endangered species, either flora or fauna, on the Property. (k) No Burial Site. To Seller’s knowledge, there are no cemeteries or burial sites or any sites of archeological or historical significance on, in, under or about the Property.
(l) No Landfill. To Seller’s knowledge, the Property has never been used for landfill or solid waste storage or disposal.
(m) Non-Foreign Entity. Seller are not a “foreign person” or “foreign corporation” as those terms are defined in the Internal Revenue Code of 1986, as amended, and the regulations promulgated thereunder. Seller are California nonprofit religious corporations in good standing with, and qualified and registered to transact business in the State of California. (n) Seller’ Authority. Seller have the legal power, right and authority to enter into this Agreement and the instruments referenced herein, and to consummate the transaction contemplated hereby.
(o) Actions. All requisite action (corporate, trust, partnership or otherwise) has been taken by Seller in connection with the entering into this Agreement, the instruments referenced herein, and the consummation of the transaction contemplated hereby. No consent of any other partner, shareholder, trustee, trustor, beneficiary, creditor, investor, judicial or administrative body, governmental authority or other party is required. (p) Signatory. To Seller’ knowledge, the individuals executing this Agreement and the instruments referenced herein on behalf of Seller and the officers of Seller, if any, have the legal power, right, and actual authority to bind Buyer to the terms and conditions hereof and thereof.
(q) Enforceability. This Agreement and all documents required hereby to be executed by Seller are and shall be valid, legally binding obligations of and enforceable against Seller in accordance with their terms.
(r) Conflicting Documents. Neither the execution and delivery of this Agreement and the documents and instruments referenced herein, nor the occurrence of the obligations set forth herein, nor the consummation of the transaction contemplated herein, nor compliance with the terms of this Agreement and the documents and instruments referenced herein conflict with or result in the material breach of any terms, conditions or provisions of, or constitute a default under any bond, note, or other evidence of indebtedness or any contract, indenture, Item Title: 10.19
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mortgage, deed of trust, loan, partnership agreement, lease or other agreement or instrument to which Seller are a party.
(s) Prior Fees Paid. To Seller’ knowledge, all fees, costs and expenses due to or for any legal, engineering, planning, architectural or other consultants used on the Property through the Effective Date have been paid by Seller, and Seller shall be responsible for all such costs, fees and expenses.

13.3. Buyer’s Warranties and Representations. To induce Seller to enter into this Agreement, Buyer represents and warrants to Seller as follows:
(a) Buyer’s Authority. Buyer has the legal power, right and authority to enter into this Agreement and the instruments referenced herein, and to consummate the transaction contemplated hereby.
(b) Actions. All requisite action (corporate, trust, partnership or otherwise) has been taken by Buyer in connection with the entering into this Agreement, the instruments referenced herein, and the consummation of the transaction contemplated hereby. No consent of any other partner, shareholder, trustee, trustor, beneficiary, creditor, investor, judicial or administrative body, governmental authority or other party is required. (c) Signatory. To Buyer’s actual knowledge, without duty of inquiry, the individuals executing this Agreement and the instruments referenced herein on behalf of Buyer and the officers of Buyer, if any, have the legal power, right, and actual authority to bind Buyer to the terms and conditions hereof and thereof.
(d) Enforceability. This Agreement and all documents required hereby to be executed by Buyer are and shall be valid, legally binding obligations of and enforceable against Buyer in accordance with their terms.
(e) Conflicting Documents. Neither the execution and delivery of this Agreement and the documents and instruments referenced herein, nor the occurrence of the obligations set forth herein, nor the consummation of the transaction contemplated herein, nor compliance with the terms of this Agreement and the documents and instruments referenced herein conflict with or result in the material breach of any terms, conditions or provisions of, or constitute a default under any bond, note, or other evidence of indebtedness or any contract, indenture, mortgage, deed of trust, loan, partnership agreement, lease or other agreement or instrument to which Buyer is a party.

13.4. Survival. The representations and warranties of the Parties set forth herein shall be true as of the Effective Date and the date of the Closing, and shall survive the Closing and delivery of the deed and shall not be merged with the Deed for a period twenty-four (24) months after Closing. Seller shall notify Buyer in writing immediately if any representation made by Seller becomes untrue or misleading in light of information obtained by Seller after the Effective Date and prior to Closing. Buyer shall notify Seller in writing immediately if any representation made Item Title: 10.19
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by Buyer becomes untrue or misleading in light of information obtained by Seller after the Effective Date and prior to Closing.

14. Risk of Loss. Until the Closing, Seller shall assume all risk of loss with respect to the Property.

15. General.

15.1. Entire Agreement. This Agreement constitutes the final and entire Agreement between the Parties and they shall not be bound by any terms, covenants, conditions, representations or warranties not expressly contained herein. This Agreement may not be amended except by a written instrument executed by both Parties.

15.2. Partial Invalidity. If any one or more of the provisions contained in this Agreement shall for any reason be held invalid, illegal or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein.

15.3. Time of the Essence. Time is of the essence of this Agreement and the performance of each and every one of the terms and conditions hereof.

15.4. Successors and Assigns. Subject to provisions of Section 15.14, this Agreement shall be binding upon and shall inure to the benefit of the Parties and their respective legal representatives, successors and assigns.

15.5. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument.

15.6. Headings. The headings of the Sections, subsections, paragraphs and subparagraphs hereof are provided for convenience of reference only, and shall not be considered in construing their contents.

15.7. Recitals Incorporated. The Recitals set forth in this Agreement are incorporated as materials terms and provisions of the Agreements and are not mere recitations.

15.8. Time Periods. Any and all references in this Agreement to time periods which are specified by reference to a certain number of days refer to calendar days, unless “business days” is otherwise expressly provided. Therefore, if (a) the last date by which a Closing is permitted to occur hereunder, or (b) any date by which a Party is required to provide the other Party with notice hereunder, occurs on a Saturday or a Sunday or a banking holiday in the jurisdiction where the Property is located, then and in any of such events, such applicable date shall be deemed to occur, for all purposes of this Agreement, on that calendar day which is the next succeeding day, which is not a Saturday, Sunday or banking holiday.

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15.9. No Partnership. Nothing in this Agreement shall be deemed in any way to create between the Parties any relationship of partnership, joint venture or association, and the Parties disclaim the existence thereof.

15.10. Waivers. No Party shall be deemed to have waived the exercise of any right which it holds hereunder unless such waiver is made expressly and in writing (and no delay or omission by any Party hereto in exercising any such right shall be deemed a waiver of its future exercise). No such waiver made as to any instance involving the exercise of any such right shall be deemed a waiver as to any other such instance, or any other such right.

15.11. Choice of Law. This Agreement shall be given effect and construed by application of California law, and venue for any action shall be in the County in which the City is located.

15.12. Attorney’s Fees. In the event of any proceeding, claim or action being filed or instituted between the parties with respect to this Agreement, the Prevailing Party(ies) (as defined below) will be entitled to receive from the other party(ies) all costs, damages and expenses, including reasonable attorney’s fees, incurred by the Prevailing Party(ies) in connection with that action or proceeding upon the controversy being reduced to final judgment or award. For purposes of this provision, “Prevailing Party(ies)” shall mean the party(ies) that prevails on a majority of the claims and causes of action and damages alleged, or alternatively is the party(ies) who is successful in defending against a majority of the claims and causes of action and damages alleged.

15.13. Assignment. Buyer and Seller shall not assign, hypothecate, or otherwise transfer such rights hereunder, or delegate such duties hereunder, without the prior written consent of the other party which approval shall not be unreasonably withheld, conditioned or delayed.

15.14. Confidentiality. During the Agreement negotiations or until the Agreement between Seller and Buyer has been terminated, Seller and Buyer will not disclose any information about this transaction to third parties, except to the extent required by law and/or as necessary to perform their respective obligations under the Agreement.

15.16. Representation by Counsel. Notwithstanding any rule or maxim of construction to the contrary, any ambiguity or uncertainty shall not be construed against either Seller or Buyer based upon authorship of any of the provisions hereof. Seller and Buyer each hereby warrant, represent and certify to the other as follows: (a) that the contents of this Agreement have been completely and carefully read by the representing party and counsel for the representing party; (b) that the representing party has been separately represented by counsel and the representing party is satisfied with such representation; (c) that the representing party’s counsel has advised the representing party of, and the representing party fully understands, the legal consequences of this Agreement; and (d) that no other person (whether a party to this Agreement or not) has made any threats, promises or representations of any kind whatsoever to induce the execution hereof, other than the performance of the terms and provisions hereof.

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15.17. Exhibits. The following exhibits are attached to this Agreement and incorporated herein.

A. Depiction of Property
B. Legal Description of Property
C. Memorandum of Agreement
D. Quitclaim Deed
E. Escrow Instructions re Quitclaim Deed
F. Bill of Sale
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the Effective Date.

SELLER:

AHURA INVESTMENTS,
a Limited Liability Corporation
_____________________________ Dated: ___________________ By: Nikan Khatibi
Its: Owner
BUYER:

CITY OF MENIFEE,
a Municipal Corporation
____________________________ Dated: _________________
By: Armando G. Villa
Its: City Manager
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The undersigned joins in the execution of the foregoing Agreement for the sole purpose of agreeing to hold and apply the Deposit subject to and in accordance with the terms of the foregoing Agreement.

ESCROW AGENT:

Mariners Escrow, Rozelle Miyamoto
Commercial Escrow Officer
270 Newport Center Drive, Suite 150,
Newport Beach, CA 92660
[email protected]
By: _________________________

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Exhibit "A"
To Purchase and Sale Agreement
Depiction of the Property
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Exhibit "B"
To Purchase and Sale Agreement
Legal Description of Property

FINAL AND CORRECT LEGAL DESCRIPTION TO BE VERIFIED BY TITLE COMPANY Item Title: 10.19
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Exhibit "C"
To Purchase and Sale Agreement

RECORDING REQUESTED BY AND
WHEN RECORDED, RETURN TO:

CITY OF MENIFEE
29844 Haun Rd,
Menifee, CA 92586
Attn: City Clerk

MEMORANDUM OF PURCHASE AND SALE AGREEMENT

THIS MEMORANDUM OF PURCHASE AND SALE AGREEMENT AND PRELIMINARY ESCROW INSTRUCTIONS (this "Memorandum") is made as of the Agreement Date as defined below, by and between CITY OF MENIFEE, a municipal corporation (“Buyer”) on the one hand, and AHURA INVESTMENTS, a Limited Liability Corporation (“Seller”), on the other. Seller and Buyer are collectively referred to as "parties" or individually as a "party."

RECITALS
A. Seller owns a free standing office building, located in the County of Riverside, and commonly known as 27188 Sun City Blvd, menifee, CA 92586, designated Assessor’s Parcel Number 337-310-005-4 and more particularly depicted on Exhibit “C-1” and described on Exhibit “C-2” (the “Property”).

B. Buyer has agreed to purchase and Seller have agreed to sell the Property to Buyer for Buyer’s intended purpose of developing the Property with the Project, according to the terms and conditions contained in the Purchase and Sale Agreement and Preliminary Escrow Instructions (the "Agreement") made as of the Effective Date of such Agreement.

C. The Closing Date shall be as set forth in the Agreement and is subject to extension under the terms of the Agreement.

D. This Memorandum may be signed by the parties in different counterparts and the signature pages combined shall create a document binding on all parties.

E. This Memorandum is signed and recorded to give notice of the Agreement and is in no way intended to modify or supersede the Agreement and, if there is a conflict between this Memorandum and the Agreement, the Agreement shall control.

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F. The "Agreement Date” is March 16, 2022, and the “Effective Date” is the date on which Escrow Agent opens escrow pursuant to the terms of the Agreement.

SELLER:

AHURA INVESTMENTS,
a Limited Liability Corporation
_____________________________ Dated: ___________________ By: Nikan Khatibi
Its: Owner
BUYER:

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Exhibit "C-1"
To Memorandum of Purchase and Sale Agreement

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Exhibit "D"
To Purchase Agreement

RECORDING REQUESTED BY AND
WHEN RECORDED, RETURN TO:

CITY OF MENIFEE
29844 Haun Rd,
Menifee, CA 92586
Attn: City Clerk

SPACE ABOVE FOR RECORDER'S USE ONLY

QUITCLAIM DEED
By this instrument dated ___________________________, 2022, for valuable consideration, CITY OF MENIFEE, A MUNICIPAL CORPORATION ("Buyer")
does hereby forever remise, release and quitclaim to
AHURA INVESTMENTS, A LIMITED LIABILITY CORPORATION (“SELLER”) all right, title and interest in the real property in the State of California, County of Riverside, City of Menifee, described in Exhibit "D-1", attached hereto, which were acquired by Buyer under that Purchase and Sale Agreement bearing an Agreement Date of March 16, 2022, between Buyer and Seller, including any rights under the Memorandum Agreement that was recorded on _____ __, 2022, in the Official Records of Riverside County, California as Document No.:
______________ (the "Memorandum").

City of Menifee.
a Municipal Corporation
____________________________ Dated: _________________
By: Armando G. Villa
Its: City Manager
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Exhibit “D-1”
To Quitclaim Deed
Legal Description

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Exhibit "E"
To Purchase and Sale Agreement
Escrow Instructions
Regarding Quitclaim Deed
To: First American Title Company
Joel Sotto, Title Officer
First American Way
Santa Ana, CA 92707
Telephone: 714-250-7389
E-mail: [email protected]
These instructions are by City of Menifee, A MUNICIPAL CORPORATION ("Buyer") and Ahura Investments, A Limited Liability Corporation (“SELLER”) to Title Company.

1. Seller are the owner of real property located in the City of Menifee, County of Riverside (the "County"), State of California, described on the attached Exhibit E-1.

2. Seller have agreed to sell and Buyer has agreed to purchase the Property upon the terms and conditions contained in that Purchase and Sale Agreement and Preliminary Escrow Instructions bearing an Agreement Date of March __, 2022 (the "Agreement").

3. Concurrently with the execution of the Agreement, Seller and Buyer will execute and deliver to you in recordable form a Memorandum of the Agreement covering the Property (the "Memorandum"). If Buyer gives the Notice of Approval pursuant to Section 4.1 of the Agreement, Escrow Agent will record the Memorandum.

4. Concurrently with giving of its Notice of Approval, Buyer shall execute and deliver to you in recordable form a quitclaim deed in the form attached to the Agreement as Exhibit "D," for the Property (the "Quitclaim Deed").

5. If Buyer does not close escrow on the Property according to the terms of the Agreement and Buyer has not given you written notice that Seller is in material default of the Agreement, or the Agreement is terminated as provided in the Agreement, Title Company shall record the Quitclaim Deed in the Official Records of the County, without further instructions of the parties. If Buyer closes escrow on all the Property, Title Company shall return the Quitclaim Deed to Buyer at the Close of Escrow.

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6. Buyer will pay the cost of recording the Quitclaim Deed and your reasonable fee for complying with these instructions.

SELLER:

AHURA INVESTMENTS,
a Limited Liability Corporation
_____________________________ Dated: ___________________ By:

Its:

BUYER:

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Exhibit E-1
To Escrow Instructions Regarding Quitclaim Deed
Legal Description

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Exhibit “F”
To Purchase and Sale Agreement
Bill of Sale and Assignment
This BILL OF SALE AND ASSIGNMENT (this “Bill of Sale”) is made as of March 16, 2022 by and between Ahura Investments, a Limited Liability Corporation (“Assignor”) and City of Menifee, a Municipal Corporation (“Assignee”), pursuant to that certain PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS by and between Assignor and Assignee, dated March 16, 2022 (the “Purchase Agreement”). This Assignment is subject to the terms and provisions of the Purchase Agreement and in the event of any inconsistency between the Purchase Agreement and this Assignment, the terms and provisions of the Purchase Agreement shall control. Capitalized terms used herein that are not otherwise defined shall have the meaning ascribed to them in the Purchase Agreement.

For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Assignor hereby sells, conveys, grants, delivers, transfers and assigns to Assignee, without recourse or warranty, and Assignee hereby assumes, all of Assignor’s right, title and interest in, to and under any and all of the following items, to the extent that they are assignable without the consent of any third-parties and are related to that certain real property located in the City of Menifee, County of Riverside, State of California and, which is more particularly described in Exhibit F-1 attached hereto and incorporated in this Assignment by this reference (the “Property”):
(a) all governmental zoning, use, occupancy, and operating permits, Environmental Permits, and all other governmental permits, licenses, approvals, applications, subdivision maps, entitlements, certificates, development agreements, sewer allocation agreements, school fee mitigation agreements, building permits, residential development allocations or allotments, and development rights relating to the Property;
(b) all utility and other permits relating to the Property; (c) all designs, engineering, architectural plans, landscaping plans, and all other plans, work product and specifications for grading, infrastructure, buildings, structures and fixtures located on the Real Property, whether existing or anticipated including without limitation all plans approved by any Authority; and
(d) all Improvements located on the Property;
(e) all warranties, claims, indemnities and any similar rights relating to and benefiting the Property or the assets transferred hereby;
(f) all rights to receive a reimbursement, credit, fee credit or refund from the applicable agency, authority, or entity of any deposits, charges or fees paid in connection with the development of the Property;
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(g) all other tangible and intangible personal property, along with contracts to be performed on or at the Property which are described in Exhibit F-2 attached hereto and incorporated herein by this reference, if any, and;
(h) all water rights with respect to the Property, and rights to all wells and/or well heads on or about the Property (with all of the above being referred to herein collectively as the “Personal Property”).

The provisions of this Assignment shall be binding upon and shall inure to the benefit of the successors and assigns of Assignor and Assignee, respectively.

Seller hereby covenant that they will at any time and from time to time upon written request thereof, execute and deliver to Buyer, its nominees, successors and/or assigns, any new or confirmatory instruments and do and perform any other acts which Buyer, its nominees, successors and/or assigns, may request in order to fully transfer possession and control of all the Personal Property of Seller intended to be transferred and assigned by this assignment or the Purchase Agreement.

In witness whereof, Seller have executed this Bill of Sale and Assignment as of March 16, 2022.

ASSIGNOR / SELLER:

AHURA INVESTMENTS, a Limited Liability Corporation
_____________________________ Dated: ___________________ By: Nikan Khatibi
Its: Owner
ASSIGNEE / BUYER:

CITY OF MENIFEE, a Municipal Corporation
____________________________ Dated: _________________
By: Armando G. Villa
Its: City Manager
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EXHIBIT F-1
To Bill of Sale and Assignment
The Property
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EXHIBIT F-2
To Bill of Sale and Assignment
The Intangibles
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CITY OF MENIFEE
SUBJECT: Multi-Family Objective Design Standards and Development Code Amendment (Continued form March 2, 2022)
MEETING DATE: March 16, 2022
TO: Mayor and City Council
PREPARED BY: Doug Darnell, Senior Planner
REVIEWED BY: Cheryl Kitzerow, Community Development Director APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1.Adopt a Resolution approving the Multi-Family Objective Design Standards to be incorporated by reference in the Development Code; and

2.Introduce an Ordinance approving Code Amendment No. LR21-0287, amending the Development Code (Title 9 of the Menifee Municipal Code) to establish a multi-family ministerial review application procedure and requirements for ministerial review of multi-family residential to comply with state law (Senate Bill 35).

DISCUSSION
Background
The proposed Multi-Family Residential Objective Design Standards (ODS) and Development Code Amendment are a City initiated effort to develop objective design standards to comply with and implement Senate Bill (SB) 35, which was signed into law by the Governor in September of 2017. SB 35 requires cities and counties to streamline review and approval of eligible affordable housing projects through a ministerial process, exempting such projects from environmental review under the California Environmental Quality Act (“CEQA”). This process does not allow public hearings to consider the merits of the project; rather only design review or public oversight of the development is allowed, which must be objective and strictly focused on assessing compliance with criteria required for streamlined projects as well as objective design review of the project.

The preparation of the ODS by the City’s consultant (PlaceWorks) is funded by the Department of Housing and Community Development (HCD) SB2 Planning Grant Program. During the preparation of the draft ODS, the ODS framework and architectural styles were presented to the Item Title: 11.1
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8 6
6 City’s Developer Stakeholder Group on April 15, 2021. The Developer Stakeholder Group provided input through an on-line polling tool indicating their preferences on architectural styles to be included in the ODS.

Planning Commission
On September 22, 2021, the Planning Commission conducted a workshop discussion of the Draft ODS and provided their input to City staff.

At the February 9, 2022, Planning Commission meeting, the Planning Commission voted unanimously to adopt Resolution No. PC22-556 recommending the City Council adopt a Resolution approving Multi-Family Objective Design Standards to be incorporated by reference in the Development Code, and adopt an Ordinance approving Code Amendment No. LR21-0287, amending the Development Code (Title 9 of the Menifee Municipal Code) to establish a multi-family ministerial review application procedure and requirements for ministerial review of multi-family residential to comply with state law (Senate Bill 35).

Continuation
On March 2, 2022, the City Council continued this item the next regular meeting of the City Council on March 16, 2022, so that the City’s consultant could be available to present and answer questions in person.

Proposal
The proposed ODS apply to proposals for new multi-family residential development within the City of Menifee, except those areas located within the boundary of a Specific Plan. Per SB 35, a streamlined ministerial process shall be available for multi-family developments that include units affordable to households making at or below 80% of the Average Median Income level (AMI). For Menifee, a minimum of 10 percent or more of the total number of units must be provided at the above affordability level as per the State’s SB35 Statewide Determination Summary. The percentage requirement is based on percentage of the total number of units for a project prior to calculating any density bonus.

To qualify for a streamlined ministerial review, a project site must be an infill site meeting the “infill” requirements of SB 35 and be zoned for residential or mixed-use development. The applicant must also demonstrate that the site is not within Prime Farmland, farmland of statewide importance, wetlands, a very high fire hazard zone, an earthquake fault zone, special flood hazard area, protected habitat area, or a conservation easement.

The ODS are structured to create an easily understood document using accessible language and imagery to streamline the approval process. A baseline index of quality is established while creativity is encouraged, and deviations are allowed on a case-by-case basis.

The ODS includes objective design standards that supplement the minimum Zoning Code requirements for multi-family residential development. Chapter 4 – Architectural Styles of the ODS identifies six architectural styles which speak to the heritage of the Southern California region, as well as aspirations for the future built environment of Menifee. The preferred styles included in the ODS are:

Item Title: 11.1
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8 6
6 Spanish Colonial Revival
Craftsman
American Traditional
Contemporary Farmhouse
Tuscan
Modern
For each architectural style, specific required architectural elements listed under categories of form and massing, roof design, window design, materials and color, and decorative accents and details. Alternative styles may be considered; however, since a wide range of styles has been provided it is expected that most projects will follow one of the above alternative styles.

The ODS are not intended to replace any of the current requirements of the Development Code and Design Guideline requirements which apply to and will continue to apply to most development in the City. Rather, the ODS will only be applicable for projects that qualify for a streamlined ministerial review under SB35. For example, such projects must be located on an infill site with 10 percent or more of the units affordable to lower income households and be on a site with no environmental constraints such as, but not limited to, high or very high fire hazard severity zones, habitat for protected species, or FEMA designated flood plain or floodway.

This proposal also includes a Development Code Amendment to incorporate the ODS by reference into the Development Code and to establish a new SB35 Multifamily Ministerial Review Permit process for qualified projects under SB35. The proposed Code Amendment adds a new chapter (Chapter 9.87 - SB 35 Multi-Family Ministerial Review), which includes sections on purpose, applicability, application requirements, standards for approval, and other procedural requirements. Other amendments include amending existing Code Chapters 9.160 - General Development Standards, and Chapter 9.30, Table 9.30.090-1: Designated Authority for Permits and Approvals. Although referenced in the Development Code, the ODS will be separate stand- alone requirements from Development Code only applicable to SB35 qualified projects.

Environmental Determination
The project is exempt from CEQA per Section 15061.b.3 “Common Sense Exemption”, as the proposed Code Amendment and Objective Design Standards will establish review procedures and standards that are proposed to implement and facilitate compliance with state law, specifically Senate Bill 35, where the new Objective Design Standards are in addition to existing standards of the City of Menifee Development Code, are related to site design, architecture, architectural styles, and landscaping and do not affect or change any existing zoning, use, density/intensity or height requirements of the Development Code in a way that would cause potential environmental impacts, and therefore, is exempt from CEQA under the Common Sense Exemption as it can be seen with certainty that there is no possibility that the activity in question may have a significant impact on the environment.

Findings
Findings for approval of the Objective Design Standards and the Code Amendment are included in the attached proposed Ordinance and Resolution.

Item Title: 11.1
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8 6
6 Public Notice
The proposed Project was noticed on February 18, 2022, for the March 2, 2022, City Council hearing. The public notices were published within The Press Enterprise. Notices were also mailed to anyone requesting a notice.

STRATEGIC PLAN OBJECTIVE
Livable and Economically Prosperous Community

FISCAL IMPACT
There is no additional fiscal impact resulting from the adoption of the proposed Resolution and Ordinance.

ATTACHMENTS

1. Ordinance – Code Amendment LR21-0287

2. Exhibit A of Ordinance

3. Resolution – Objective Design Standards

4. Exhibit A of Resolution
Item Title: 11.1
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4 4
6 2
9 ORDINANCE NO. 2022-

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA APPROVING CODE AMENDMENT LR21-0287, AMENDING THE DEVELOPMENT CODE (TITLE 9 OF THE MENIFEE MUNICIPAL CODE) TO COMPLY WITH STATE LAW (SENATE BILL 35) BY ESTABLISHING A MULTI-

FAMILY MINISTERIAL REVIEW APPLICATION PROCEDURE AND

REQUIREMENTS FOR MULTI-FAMILY MINISTERIAL REVIEW
WHEREAS, the proposed Code Amendment and Multi-Family Objective Design Standards (ODS) are a City initiated effort to develop objective design standards to comply with and implement Senate Bill (SB) 35, which was signed into law by the Governor in September of 2017; and
WHEREAS, SB 35 requires cities and counties to streamline review and approval of eligible affordable housing projects through a ministerial process and may only apply objective standards to such projects, exempting such projects from environmental review under the California Environmental Quality Act (“CEQA”); and
WHEREAS, a streamlined ministerial process shall be available for multi-family developments that include units affordable to households; and WHEREAS, based on the state’s most recent “SB 35 Statewide Determination Summary”, the City of Menifee must provide the streamlined ministerial process to projects with 10 percent or more of the total number of units of the project affordable to households making at or below 80% of the Average Median Income level (AMI); and
WHEREAS, to qualify for a streamlined ministerial review, a project site must be an infill site meeting the “infill” requirements of SB 35 and be zoned for residential or mixed-use development; and
WHEREAS, applicants must also demonstrate that a project site is not within Prime Farmland, or farmland of statewide importance, wetlands, a very high fire hazard zone, an earthquake fault zone, special flood hazard area, protected habitat area, or a conservation easement; and
WHEREAS, the preparation of the ODS by the City’s consultant (PlaceWorks) is funded by the Department of Housing and Community Development (HCD) SB2 Planning Grant Program; and

WHEREAS, the proposed ODS would apply to proposals for new multifamily development within the City of Menifee, except those areas located within the boundary of a Specific Plan; and WHEREAS; the ODS includes objective design standards that supplement the minimum Zoning Code requirements for multi-family residential development, and which include six architectural styles which speak to the heritage of the Southern California region, as well as aspirations for the future built environment of Menifee; and WHEREAS, for each architectural style, specific required architectural elements listed under categories of form and massing, roof design, window design, materials and color, and Item Title: 11.1
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9 decorative accents and details; and
WHEREAS; this proposal also includes an amendment to the Development Code (Title 9 of the Menifee Municipal Code) to establish a new SB 35 Multi-family Ministerial Review Permit process for qualified projects under SB 35; and
WHEREAS; the proposed Code Amendment adds a new chapter (Chapter 9.87 - SB 35 Multi-Family Ministerial Review), and amends existing Code Chapters 9.160 - General Development Standards, and Chapter 9.30, Table 9.30.090-1: Designated Authority for Permits and Approvals to establish procedural requirements for SB35 applications; and WHEREAS; the proposed Code Amendment incorporates the ODS by reference into the Development Code; and
WHEREAS, on April 15, 2021, a draft ODS framework and architectural styles were presented to the City’s Developer Stakeholder Group, from which the group provided input and participated in an on-line polling tool indicating their preferences on architectural styles to be included in the ODS; and
WHEREAS, on September 22, 2021, the Planning Commission conducted a workshop discussion of the Draft ODS and provided their input to City staff; and WHEREAS, Code Amendment No. LR21-0287 and ODS were publicly noticed for a Planning Commission public hearing to be held on January 26, 2022, provided by a publication in The Press Enterprise (a newspaper of general circulation), an agenda posting, and to persons requesting public notice; and
WHEREAS, on January 26, 2022, the City of Menifee Planning Commission, continued Code Amendment No. LR21-0287 and ODS to the next regularly scheduled meeting of the Planning Commission on February 9, 2022; and
WHEREAS, on February 9, 2022, the City of Menifee Planning Commission, held the continued public hearing on Code Amendment No. LR21-0287 and ODS, which hearing was not required to be re-noticed, because the project was continued at the January 26, 2022 hearing to a date certain (i.e., February 9, 2022), considered all public testimony as well as all materials in the staff report and accompanying documents for Code Amendment No. LR21-0287 and ODS; and
WHEREAS, on February 9, 2022, the City of Menifee Planning Commission, unanimously adopted Resolution No. PC 22-556 recommending that the City Council approve Code Amendment No. LR21-0287 and ODS; and
WHEREAS, Code Amendment No. LR21-0287 and ODS were publicly noticed for a City Council public hearing to be held on March 2, 2022, provided by a publication in The Press Enterprise (a newspaper of general circulation), an agenda posting, and to persons requesting public notice; and
WHEREAS, on March 2, 2022, the City of Menifee City Council, continued Code Amendment No. LR21-0287 and ODS to the next regularly scheduled meeting of the City Council on March 16, 2022; and
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9 WHEREAS, on March 16, 2022, the City of Menifee City Council, held the continued public hearing on Code Amendment No. LR21-0287 and ODS, which hearing was not required to be re- noticed, because the project was continued at the March 2, 2022 hearing to a date certain (i.e., March 16, 2022), considered all public testimony as well as all materials in the staff report and accompanying documents for Code Amendment No. LR21-0287 and ODS; and NOW, THEREFORE, the City Council of the City of Menifee hereby ordains as follows:

Section 1. The proposed Development Code Amendment and associated Multi-Family Objective Design Standards are consistent with the intent of the goals and policies of the General Plan.

The proposed Development Code Amendment and associated Multi-Family Objective Design Standards are consistent with the intent of the goals and policies of the General Plan because the Development Code Amendment establishes procedures to establish a new SB 35 Multifamily Ministerial Review Permit process for qualified projects under SB 35 and facilitates compliance with SB 35. The Development Code Amendment incorporates by reference, the proposed Multi- Family Residential Objective Design Standards, which are derived from and reflect design policies of the Community Design Element of the General Plan.

Section 2. The proposed Development Code Amendment and associated Multi-Family Objective Design Standards prescribe reasonable controls and standards to ensure compatibility with other established uses.

The proposed Development Code Amendment and associated Multi-Family Objective Design Standards prescribes reasonable controls and standards to ensure compatibility with other established uses, as the amendment establishes a new SB 35 Multifamily Ministerial Review Permit process for qualified projects to implement and comply with state law (i.e., SB 35) and the Objective Design Standards supplement the minimum Zoning Code requirements for multi-family residential development. The Objective Design Standards serve as a baseline index of quality for development establishing design standards that are related to site design, architecture, architectural styles, and landscaping. The standards are derived from and reflect design policies of the Community Design Element of the General Plan. They do not affect or change any existing zoning, use, density/intensity, or height requirements of the Development Code, and only apply to multi-family residential projects with affordable housing units located on infill sites that meet the minimum criteria to qualify for the streamlined ministerial review.

Section 3. The proposed Development Code Amendment and associated Multi-Family Objective Design Standards provide reasonable property development rights while protecting environmentally sensitive land uses and species.

The proposed Development Code Amendment and associated Multi-Family Objective Design Standards provide reasonable property development rights while protecting environmentally sensitive land uses and species, as the amendment establishes a new SB 35 Multifamily Ministerial Review Permit process for qualified projects to implement and comply with state law (i.e., SB 35) and the Objective Design Standards supplement the minimum Zoning Code requirements for multi-family residential development. The Objective Design Standards serve as a baseline index of quality for development establishing design standards that are related to site design, architecture, architectural styles, and landscaping. The standards are derived from and reflect design policies of the Community Design Element of the General Plan. They do not affect or change any existing zoning, use, density/intensity, or height requirements of the Development Item Title: 11.1
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9 Code, and only apply to multi-family residential projects with affordable housing units located on infill sites that meet the minimum criteria to qualify for the streamlined ministerial review.

Section 4. The proposed Development Code Amendment and associated Multi-Family Objective Design Standards ensure the protection of the general health, safety, and welfare of the community.

The proposed Development Code Amendment and associated Multi-Family Objective Design Standards ensure the protection of the general health safety and welfare of the community as the amendment establishes a new SB 35 Multifamily Ministerial Review Permit process for qualified projects to implement and comply with state law (i.e., SB 35) and the Objective Design Standards supplement the minimum Zoning Code requirements for multi-family residential development.

The Objective Design Standards serve as a baseline index of quality for development establishing design standards that are related to site design, architecture, architectural styles, and landscaping.

The standards are derived from and reflect design policies of the Community Design Element of the General Plan. They do not affect or change any existing zoning, use, density/intensity, or height requirements of the Development Code, and only apply to multi-family residential projects with affordable housing units located on infill sites that meet the minimum criteria to qualify for the streamlined ministerial review.

Section 5:Compliance with CEQA. The proposed Development Code Amendment and associated Multi-Family Residential Objective Design Standards are in compliance with the requirements of the California Environmental Quality Act.

The proposed Development Code Amendment and associated Multi-Family Objective Design Standards comply with the requirements of the California Environmental Quality Act (CEQA), because the project is exempt from CEQA per Section 15061.b.3 “Common Sense Exemption” as the proposed Code Amendment and Objective Design Standards will establish review procedures and standards that are proposed to implement and facilitate compliance with state law, (i.e., SB 35), where the new Objective Design Standards are in addition to existing standards of the City of Menifee Development Code, are related to site design, architecture, architectural styles, and landscaping and do not affect or change any existing zoning, use, density/intensity or height requirements of the Development Code in a way that would cause potential environmental impacts, and therefore, is exempt from CEQA under the Common Sense Exemption as it can be seen with certainty that there is no possibility that the activity in question may have a significant impact on the environment.

Section 6. That the City Council finds the facts presented within the public record and within this City Council Ordinance provide the basis to approve Code Amendment No. LR21- 0281, as shown in the proposed Code Amendment attached as Exhibit “A” to this Ordinance, and that the City Council approve Code Amendment No. LR21-0281.

Section 7. Severability. lf any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional, without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional.

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9 Section 8. Effective Date And Postinq. This ordinance shall take effect 30 days from the date of its adoption. The City Clerk shall certify to the passage of this ordinance and cause the same to be posted as required by law.

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9 This Ordinance was introduced for first reading on March 16, 2022 and PASSED, APPROVED, AND ADOPTED this ___ day of ______, 2022.

Bill Zimmerman, Mayor
Approved as to form:

Jeffrey T. Melching, City Attorney
Attest:

Sarah A. Manwaring, City Clerk
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Chapter 9.87 – SB35 Multi-Family Ministerial Review
Contents:
• 9.87.010 Purpose
• 9.87.020 Applicability
• 9.87.030 Application and Required Fees
• 9.87.040 Approving Authority
• 9. 87.050 Public Hearing and Notice
• 9. 87.060 Standards of Approval
• 9. 87.070 Findings for Approval
• 9. 87.080 Notice of Decision
• 9. 87.090 Effective Date
• 9. 87.100 Appeals
• 9. 87.110 Expiration
• 9. 87.120 Extension of Time
• 9. 87.130 Modifications

9.87.010 Purpose
This chapter establishes procedures for the review and approval of a Senate Bill 35 (SB35) Multi-Family Ministerial Review Permit for multi-family residential projects that provide a minimum number of lower income housing units toward meeting the City’s housing goals and housing needs of the community and which qualify for a streamlined ministerial review under SB35, in compliance with Government Code Section 65913.4.

9.87.020 Applicability
An SB35 Multi-Family Ministerial Review Permit applies to multi-family residential development on infill sites that provide a r equired number of units affordable to lower income households (i.e. , households with incomes below 80% of the area median income (AMI)). To qualify, the project must meet the following criteria:

A. The development must be multifamily housing as defined in Section 102(o) of the Department of Housing and Community Development’s (HCD) SB35 Streamlined Ministerial Approval Process Guidelines.

B. The units can be offered for rental or for-sale.

C. At least two -thirds of the square footage of the development shall be designated for residential use.

D. The development must be consistent with the City’s adopted Objective Design Standards in effect at the time of submittal and incorporated herein by reference.

Proposed Code Amendment No. LR21-0287
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E. The site of the development must comply with all of the requirements of Section 401 , Site Requirements of HCD’s SB35 Streamlined Ministerial Approval Process Guidelines.

F. A minimum of 10% or 50% (percentage based on HCD’s most current SB35 Statew ide Determination Summary for the City of Menifee ), of the total units in the development, calculated prior to any density increase, must be affordable to lower income households (80% Area Median Income or lower) in accordance with Section 402 , Affordability Provisions of HCD’s SB35 Streamlined Ministerial Approval Process Guidelines.

G. The development must comply with all of the labor provisions of Section 403, Labor Provisions of the SB35 Guidelines.

Nothing in this Chapter 9.8 7 shall be deemed to supersede any provisions of Government Code Section 65913.4, any SB 35 Guidelines established by HCD, or any other applicate State law provisions as they may be amended.

9.87.030 Application and Required Fees
A. Notice of Intent to Submit. Before submitting an application for a streamlined, ministerial approval process, the development proponent shall submit a notice of its intent to submit an application, to the City of Menifee Community Development Department. The notice of intent shall be in the form of a preliminary application that includes all of the information described the City’s SB35 Eligibility Checklist and Notice of Intent to Submit Preliminary Application Form.

B. AB 168 Tribal Consultation. Within 30 days of receiving a notice of intent to submit an application, the City will provide formal notice to each California Native American Tribe that is traditionally and culturally affiliated with the geographic area of the proposed development and engage in a scoping consultation regarding potential effects the proposed development could have on a potential tribal cultural resource . A proposed project would be ineligible for the streamlined, ministeria l approval process, and subject to the California Environmental Quality Act (CEQA) if:

1. the site of the proposed development is a tribal cultural resource that is on a national, state, tribal, or local historic register list;

2. the City and the California Native American tribe do not agree that no potential tribal cultural resource would be affected by the proposed development; or

3. the City and California Native American tribe find that a potential tribal cultural resource could be affected by the proposed development and the parties do not document an enforceable agreement regarding the Item Title: 11.1
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methods, measures, and conditions for treatment of those tribal cultural resources, as provided.

C. Application Filing and Processing. Applications for an SB35 Multi-Family Ministerial Review Permit shall be filed and processed in accordance with Chapter 9.30 (Common Application Processing Procedures).

D. Application Fees. Application fees shall be collected in accordance with Section 9.30.020 (Applications and Fees).

9.87.040 Approving Authority
Applications for an SB35 Multi -Family Ministerial Review shall be reviewed an d approved by the designated approving authority as specified in Table 9.30.090-1 (Designated Authority for Permits and Approvals). The designated approving authority is authorized to approve, alter, or deny an application for an SB-35 Multi-Family Ministerial Review Permit.

9.87.050 Public Hearing and Notice
No public hearing is required prior to action on an application for an SB35 Multi-Family Ministerial Review Permit.

9.87.060 Standards of Approval
An application for an SB35 Multi-Family Ministerial Review shall be considered and approved ministerially, without discretionary review or a hearing. The approving authority shall determine consistency or inconsistency with the City’s adopted Objective Design Standards and act on the application within the following timeframes from the date the City receives a completed application:

A. Within 60 calendar days of submittal of the a pplication if the development contains 150 or fewer housing units.

B. Within 90 calendar days of submittal of the application if the development contains more than 150 housing units.

C. Documentation of inconsistency(ies) with objective standards mus t be provided to the development proponent within th e timeframes indicated above as applicable . If such documentation is not provided within these timeframes, the development shall be deemed to satisfy the objective planning standards for purposes of the Streamlined Approval Process.

9.87.070 Findings for Approval
Prior to approving an application for an SB35 Multi-Family Ministerial Review , the approving authority shall make all the following findings:

A. The project is consistent with the adopted General Plan.

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B. The project meets all applicable standards of the Development Code and adopted Objective Design Standards incorporated by reference.

9.87.080 Notice of Decision
Written notice of decision shall be provided within three business days of the date of decision to the applicant and interested parties having requested such notices in writing. The Notice of Decision shall include:

A. The application request as acted upon by the Director.

B. The action taken by the Director.

C. Findings as listed for the permit.

9.87.090 Effective Date
An SB35 Multi-Family Ministerial Review Permit shall become effective on the date an approval is issued by the approving authority.

9.87.100 Appeals
An SB35 Multi-Family Ministerial Review Permit is not subject to appeal since it is ministerial.

9.87.110 Expiration
As established in Section 301(d) of the Department of Housing and Community Development’s (HCD) SB35 Streamlined Ministerial Approval Process Guidelines (SB35 Guidelines) , expiration timeframes for an approved SB35 Multi-Family Residential Permit are as follows:

A. If the project includes public investment in housing affordability, beyond tax credits, where 50 percent of the units are affordable to households making at or below 80 percent of the AMI, then that approval shall not expire.

B. If the project does not include public investment in housing affordability (including local, state, or federal government assistance), beyond tax credits and at least 50 percent of the units are not affordable to households making at or below 80 percent of the AMI, that approval shall remain valid for three years from the date of the final action establishing that approval, or if litigation is filed challenging that approval, from the date of the final judgment upholding that approval. Approval shall remain valid for a project provided that vertical construction of the development has begun and is in progress. “In progress” means one of the following:

1. The construction has begun and has not ceased for more than 180 days.

2. If the development requires multiple building permits, an initial phase has been completed, and the project proponent has applied for and is diligently pursuing a building permit for a subsequent phase, provided that once it has been issued, the building permit for the subsequent phase does not lapse.

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C. The development may receive a one -time, one -year extension if the project proponent can provide documentation that there has been significant progress toward getting the development construction ready, such as filing a building permit application.

9. 87.120 Extension of Time
An SB35 Multi -Family Ministerial Review Permit may be extended in accordance with Subsection 9.30.110.C (Permit Extensions).

9. 87.130 Modifications
Modifications to an approved SB35 Multi-Family Residential Permit shall be processed as a new application.

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Chapter 9.160 General Development Standards
Contents:
• 9.160.010 Purpose
• 9.160.020 Applicability
• 9.160.030 Setback Requirements and Exceptions
• 9.160.040 Building Height Measurements and Exceptions • 9.160.050 Access
• 9.160.060 Intersection Sight Distance

9.160.010 Purpose
The purpose of this chapter is to provide general development standards in order to ensure that future development is well designed, has a desira ble character, and is integrated with existing and future development.

9.160.020 Applicability
The standards of this chapter apply to more than one zoning district (residential, commercial, etc.). To eliminate redundancies, these standards have been combined in this chapter. These standards shall be considered in combination with any additional standards outlined in the individual zones included in Article III ( Zones). Where there may be a conflict, the standards specific to the zoning district standard shall override the general standards in this chapter. In addition to the standards of this chapter, the City of Menifee Design Guidelines and Objective Design Standards for SB 35 qualified multi-family residential projects are incorporated by reference.

Amend existing Chapters 9.160 and 9.30 as shown in red underline and strike-out Item Title: 11.1
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Chapter 9.30 Common Application Processing Procedures
Contents:
• 9.30.010 Purpose and Applicability
• 9.30.020 Applications and Fees
• 9.30.030 Pre-Application Review
• 9.30.040 Initiation of Application
• 9.30.050 Withdrawal of Application
• 9.30.060 Determination of Completeness
• 9.30.070 Application Review and Report
• 9.30.080 Public Hearing and Notice
• 9.30.090 Approving Authority
• 9.30.100 Appeals
• 9.30.110 Permit Time Limits, Expiration, and Extensions • 9.30.120 Modifications to Previously Approved Permits • 9.30.130 Reapplications
• 9.30.140 Indemnification and Hold Harmless for Permits and Approvals

9.30.090 Approving Authority
A. Recommending Authority . The recommending authority as designated in Table 9.30.090 -1 (Designated Authority for Permits and Approvals) shall hear and make recommendations on the proposed land use or development permit or approval in accordance with the requirements of this Title.

B. Approving Authority. The approving authority as designated in Table 9.30.090 -1 (Designated Authority for Permits and Approvals) shall approve, conditionally approve or deny the proposed land use or development permit or approval in accordance with the requirements of this Title. Generally, the Director and his/her designee will make non -discretionary and discretionary decisions at the administrative level, the Planning Commission will make discretionary decisions, and the City Council will make the legislative decisions. In acting on a permit, the approving authority decision may be appealed pursuant to procedures set forth in Section 9.30.100 (Appeals).

Table 9.30.090-1: Designated Authority for Permits and Approvals Permit or Approval Type (Chapter) Type of Action
Designated Authority1
Community
Development
Director
Planning
Commission City Council
Accessory Dwelling Unit Permit (9.35) Ministerial A
Conditional Use Permit, Minor (9.40) Discretionary A
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Table 9.30.090-1: Designated Authority for Permits and Approvals Permit or Approval Type (Chapter) Type of Action
Designated Authority1
Community
Development
Director
Planning
Commission City Council
Conditional Use Permit, Major (9.40) Discretionary R A
Development Agreement (9.45) Legislative R R A
Finding of Public Convenience and Necessity (9.250) Discretionary R A General Plan Amendment (9.50) Legislative R R A
Home Occupation Permit (9.55) Ministerial A
Home-Based Business (9.55) Discretionary A
Large Family Daycare Permit (9.60) Ministerial A
Master Sign Program, Minor (9.65) Ministerial A
Master Sign Program, Major (9.65) Discretionary R A
Minor Exception (9.70) Discretionary A
Official Code Interpretation (9.10) Discretionary A
Planned Development Overlay (9.115) Legislative R R A
Planned Development (9.75) Discretionary R A
Plot Plan, Minor (9.80) Ministerial A
Plot Plan, Major (9.80) Discretionary R A
Reasonable Accommodation (9.85) Discretionary A
SB35 Multi-Family Ministerial Review Permit Ministerial A Sign Permit (9.90) Ministerial A
Similar Use Determination (9.95) Discretionary A
Specific Plan (9.100) Legislative R R A
Substantial Conformance Determination (9.25) Discretionary A Temporary Use Permit, Minor (9.105) Discretionary A
Temporary Use Permit, Major (9.105) Discretionary A
Variance (9.110) Discretionary R A
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Table 9.30.090-1: Designated Authority for Permits and Approvals Permit or Approval Type (Chapter) Type of Action
Designated Authority1
Community
Development
Director
Planning
Commission City Council
Zone Change/Zoning Code Amendment (9.115) Legislative R R A 1 A = Approving Authority; R = Recommending Authority
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1 RESOLUTION NO. 22- ___________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE,

CALIFORNIA APPROVING MULTI-FAMILY OBJECTIVE DESIGN
STANDARDS FOR COMPLIANCE WITH STATE LAW (SENATE BILL 35) AND

TO BE INCORPORATED BY REFERENCE IN THE DEVELOPMENT CODE (TITLE 9 Of THE MENIFEE MUNICIPAL CODE)
WHEREAS, the proposed Multi-Family Objective Design Standards (ODS) and associated Code Amendment are a City initiated effort to develop objective design standards to comply with and implement Senate Bill (SB) 35, which was signed into law by the Governor in September of 2017; and
WHEREAS, SB 35 requires cities and counties to streamline review and approval of eligible affordable housing projects through a ministerial process and may only apply objective standards to such projects, exempting such projects from environmental review under the California Environmental Quality Act (“CEQA”); and
WHEREAS, a streamlined ministerial process shall be available for multi-family developments that include units affordable to households; and WHEREAS, based on the state’s most recent “SB 35 Statewide Determination Summary”, the City of Menifee must provide the streamlined ministerial process to projects with 10 percent or more of the total number of units of the project affordable to households making at or below 80% of the Average Median Income level (AMI); and
WHEREAS, to qualify for a streamlined ministerial review, a project site must be an infill site meeting the “infill” requirements of SB 35 and be zoned for residential or mixed-use development; and
WHEREAS, applicants must also demonstrate that a project site is not within Prime Farmland, or farmland of statewide importance, wetlands, a very high fire hazard zone, an earthquake fault zone, special flood hazard area, protected habitat area, or a conservation easement; and
WHEREAS, the preparation of the ODS by the City’s consultant (PlaceWorks) is funded by the Department of Housing and Community Development (HCD) SB2 Planning Grant Program; and

WHEREAS, the proposed ODS would apply to proposals for new multifamily development within the City of Menifee, except those areas located within the boundary of a Specific Plan; and WHEREAS; the ODS includes objective design standards that supplement the minimum Zoning Code requirements for multi-family residential development, and which include six architectural styles which speak to the heritage of the Southern California region, as well as aspirations for the future built environment of Menifee; and WHEREAS, for each architectural style, specific required architectural elements listed under categories of form and massing, roof design, window design, materials and color, and decorative accents and details; and
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1 WHEREAS; this proposal also includes an amendment to the Development Code (Title 9 of the Menifee Municipal Code) to establish a new SB 35 Multi-family Ministerial Review Permit process for qualified projects under SB 35; and
WHEREAS; the proposed Code Amendment adds a new chapter (Chapter 9.87 - SB 35 Multi-Family Ministerial Review), and amends existing Code Chapters 9.160 - General Development Standards, and Chapter 9.30, Table 9.30.090-1: Designated Authority for Permits and Approvals to establish procedural requirements for SB35 applications; and WHEREAS; the proposed Code Amendment incorporates the ODS by reference into the Development Code; and
WHEREAS, on April 15, 2021, a draft ODS framework and architectural styles were presented to the City’s Developer Stakeholder Group, from which the group provided input and participated in an on-line polling tool indicating their preferences on architectural styles to be included in the ODS; and
WHEREAS, on September 22, 2021, the Planning Commission conducted a workshop discussion of the Draft ODS and provided their input to City staff; and WHEREAS, Code Amendment No. LR21-0287 and ODS were publicly noticed for a Planning Commission public hearing to be held on January 26, 2022, provided by a publication in The Press Enterprise (a newspaper of general circulation), an agenda posting, and to persons requesting public notice; and
WHEREAS, on January 26, 2022, the City of Menifee Planning Commission, continued Code Amendment No. LR21-0287 and ODS to the next regularly scheduled meeting of the Planning Commission on February 9, 2022; and
WHEREAS, on February 9, 2022, the City of Menifee Planning Commission, held the continued public hearing on the Project, which hearing was not required to be re-noticed, because the project was continued at the January 26, 2022 hearing to a date certain (i.e., February 9, 2022), considered all public testimony as well as all materials in the staff report and accompanying documents for Code Amendment No. LR21-0287 and ODS; and WHEREAS, on February 9, 2022, the City of Menifee Planning Commission, unanimously adopted Resolution No. PC 22-556 recommending that the City Council approve Code Amendment No. LR21-0287 and ODS; and
WHEREAS, Code Amendment No. LR21-0287 and ODS were publicly noticed for a City Council public hearing to be held on March 2, 2022, provided by a publication in The Press Enterprise (a newspaper of general circulation), an agenda posting, and to persons requesting public notice; and
WHEREAS, on March 2, 2022, the City of Menifee City Council, continued Code Amendment No. LR21-0287 and ODS to the next regularly scheduled meeting of the City Council on March 16, 2022; and
WHEREAS, on March 16, 2022, the City of Menifee City Council, held the continued public hearing on Code Amendment No. LR21-0287 and ODS, which hearing was not required to be re- noticed, because the project was continued at the March 2, 2022 hearing to a date certain (i.e., Item Title: 11.1
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1 March 16, 2022), considered all public testimony as well as all materials in the staff report and accompanying documents for Code Amendment No. LR21-0287 and ODS; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Menifee makes the following findings:

Section 1. The proposed Multi-Family Objective Design Standards and associated Development Code Amendment are consistent with the intent of the goals and policies of the General Plan.

The proposed Multi-Family Objective Design Standards and associated Development Code Amendment are consistent with the intent of the goals and policies of the General Plan because the Development Code Amendment establishes procedures to establish a new SB 35 Multifamily Ministerial Review Permit process for qualified projects under SB 35 and facilitates compliance with SB 35. The Development Code Amendment incorporates by reference, the proposed Multi- Family Residential Objective Design Standards, which are derived from and reflect design policies of the Community Design Element of the General Plan.

Section 2. The proposed Multi-Family Objective Design Standards and associated Development Code Amendment prescribe reasonable controls and standards to ensure compatibility with other established uses.

The proposed Multi-Family Objective Design Standards and associated Development Code Amendment prescribes reasonable controls and standards to ensure compatibility with other established uses, as the amendment establishes a new SB 35 Multifamily Ministerial Review Permit process for qualified projects to implement and comply with state law (i.e., SB 35) and the Objective Design Standards supplement the minimum Zoning Code requirements for multi-family residential development. The Objective Design Standards serve as a baseline index of quality for development establishing design standards that are related to site design, architecture, architectural styles, and landscaping. The standards are derived from and reflect design policies of the Community Design Element of the General Plan. They do not affect or change any existing zoning, use, density/intensity, or height requirements of the Development Code, and only apply to multi-family residential projects with affordable housing units located on infill sites that meet the minimum criteria to qualify for the streamlined ministerial review.

Section 3. The proposed Multi-Family Objective Design Standards and associated Development Code Amendment provide reasonable property development rights while protecting environmentally sensitive land uses and species.

The proposed Multi-Family Objective Design Standards and associated Development Code Amendment provide reasonable property development rights while protecting environmentally sensitive land uses and species, as the amendment establishes a new SB 35 Multifamily Ministerial Review Permit process for qualified projects to implement and comply with state law (i.e., SB 35) and the Objective Design Standards supplement the minimum Zoning Code requirements for multi-family residential development. The Objective Design Standards serve as a baseline index of quality for development establishing design standards that are related to site design, architecture, architectural styles, and landscaping. The standards are derived from and reflect design policies of the Community Design Element of the General Plan. They do not affect or change any existing zoning, use, density/intensity, or height requirements of the Development Code, and only apply to multi-family residential projects with affordable housing units located on infill sites that meet the minimum criteria to qualify for the streamlined ministerial review.

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1 Section 4. The proposed Multi-Family Objective Design Standards and associated Development Code Amendment ensure the protection of the general health, safety, and welfare of the community.

The proposed Multi-Family Objective Design Standards and associated Development Code Amendment ensure the protection of the general health safety and welfare of the community as the amendment establishes a new SB 35 Multifamily Ministerial Review Permit process for qualified projects to implement and comply with state law (i.e., SB 35) and the Objective Design Standards supplement the minimum Zoning Code requirements for multi-family residential development. The Objective Design Standards serve as a baseline index of quality for development establishing design standards that are related to site design, architecture, architectural styles, and landscaping. The standards are derived from and reflect design policies of the Community Design Element of the General Plan. They do not affect or change any existing zoning, use, density/intensity, or height requirements of the Development Code, and only apply to multi-family residential projects with affordable housing units located on infill sites that meet the minimum criteria to qualify for the streamlined ministerial review.

The proposed Multi-Family Objective Design Standards and associated Development Code Amendment comply with the requirements of the California Environmental Quality Act (CEQA), because the project is exempt from CEQA per Section 15061.b.3 “Common Sense Exemption” as the proposed Code Amendment and Objective Design Standards will establish review procedures and standards that are proposed to implement and facilitate compliance with state law, (i.e., SB 35), where the new Objective Design Standards are in addition to existing standards of the City of Menifee Development Code, are related to site design, architecture, architectural styles, and landscaping and do not affect or change any existing zoning, use, density/intensity or height requirements of the Development Code in a way that would cause potential environmental impacts, and therefore, is exempt from CEQA under the Common Sense Exemption as it can be seen with certainty that there is no possibility that the activity in question may have a significant impact on the environment.

NOW THEREFORE, the City Council of the City of Menifee hereby approves the Multi- Family Objective Design Standards subject to the following:

1. That the City Council determine that the “Findings” set out above are true and correct.

2. That the City Council finds the facts presented within the public record and within this Planning Commission Resolution provide the basis to approve the Multi-Family Objective Design Standards attached as Exhibit “A” to this Resolution.

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1 PASSED, APPROVED AND ADOPTED this 16TH day of March 2022.

Bill Zimmerman, Mayor
Approved as to form:

Jeffrey T. Melching, City Attorney
Attest:

Stephanie Roseen, Acting City Clerk
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MULTIFAMILY

OBJECTIVE DESIGN STANDARDS
DRAFT DECEMBER, 2021

CITY OF MENIFEE, CALIFORNIA
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CITY OF MENIFEE
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iii
MULTIFAMILY OBJECTIVE DESIGN STANDARDS • DRAFT DECEMBER, 2021 Multifamily Objective Design Standards
C
ommunity Development Staff:

Cheryl Kitzerow, AICP , Community Development
Director
Orlando Hernandez, Planning Manager
Doug Darnell, AICP , Senior Planner
Kimberly Luna, Assistant Planner
Prepared By:

PlaceWorks
3 MacArthur Place, Suite 1 100
Santa Ana, CA 92707
Contact: Alan Loomis
Administrative Draft December, 2021
Prepared For:

City of Menifee
29844 Haun Road
Menifee, CA 92586
City Council Members:

Bill Zimmerman, Mayor
Dean Deines, Mayor Pro Tem
Bob Karwin
Matthew Liesemeyer
Lesa Sobek
City Manager:

Armando G. Villa
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CITY OF MENIFEE
Adopting Resolutions
(Insert date and list of resolutions , with amendments. Refer to Appendix A, Adopting Resolution for complete text.)
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MULTIFAMILY OBJECTIVE DESIGN STANDARDS • DRAFT DECEMBER, 2021 Table of Contents
Chapter 1 - Introduction 1

1.1 Overview . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

1.2 Purpose. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1

1.3 Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . .3

1.3 User Guide. . . . . . . . . . . . . . . . . . . . . . . . . . . .3 Chapter 2 - Site Design Objectives 9

2.1 Community Structure . . . . . . . . . . . . . . . . . . . . 5

2.2 Building Orientation . . . . . . . . . . . . . . . . . . . . . 8

2.3 Service Areas and Utilities . . . . . . . . . . . . . . . . . . 9 Chapter 3 - Architectural Design Objectives

3.1 Building Mass and Articulation. . . . . . . . . . . . . . 11

3.2 Roof and Window Forms. . . . . . . . . . . . . . . . . .13

3.3 Materials and Colors . . . . . . . . . . . . . . . . . . . . 12

3.4 Garages and Carports . . . . . . . . . . . . . . . . . . . 13 Chapter 4 - Architectural Styles 19

4.1 Architectural Style Standards . . . . . . . . . . . . . . . 17

4.2 Spanish Colonial Revival . . . . . . . . . . . . . . . . . . 18

4.3 Craftsman. . . . . . . . . . . . . . . . . . . . . . . . . . . .22

4.4 American Traditional . . . . . . . . . . . . . . . . . . . . 26

4.5 Farmhouse Contemporary . . . . . . . . . . . . . . . . 30

4.6 Tuscan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .34

4.7 Modern. . . . . . . . . . . . . . . . . . . . . . . . . . . . .38 Chapter 5 - Landscape Standards

5.1 Landscape Design. . . . . . . . . . . . . . . . . . . . . . . 42

5.2 Walls and Fencing. . . . . . . . . . . . . . . . . . . . . . . 46

5.3 Lighting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 Chapter 6 - Administration 35

6.1 Administration of Standards . . . . . . . . . . . . . . . . 51

6.2 Steps for Approval. . . . . . . . . . . . . . . . . . . . . . . 52

6.3 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 Appendix A - Adoption Resolutions
A.1 Adopting Resolutions . . . . . . . . . . . . . . . . . . . . .59 Item Title: 11.1
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March 16, 2022