HomeMy WebLinkAbout1995-11-28 - AGENDA REPORTS - STREET GATES PRICE CLUB (2)City Manager
Item to be pr(
Rich Henderson
CONSENT CALENDAR
DATE: November 28, 1995
SUBJECT: RELEASE OF FUNDING FOR PRIVATE STREET GATES RELATED TO
PRICE CLUB SITE ANNEXATION
DEPARTMENT: Community Development
As part of the annexation of the sites for the Price Club and the Albertson's Market, currently
under construction, there is a need to fulfill a remaining obligation. At its meeting of February
12, 1991, the City Council approved the prezone and the Annexation and Development
Agreement for the Price Club, and the current Albertson's site.. During the public hearing, the
Council received testimony from a representative of the Vista Del Canon Homeowners
Association expressing that community's concern for the hazard of "pass though" traffic on Vista
Del Canon Drive, a private street. Based on this testimony, and information from the City
Traffic Engineer at the time, Ed Cline, the Council agreed to provide mitigation in the form of
a pair of gates that would be located at either end of Vista Del Canon Drive, and that the City
would pay for the gates (cost would be offset by the sales tax revenue received from the Price
Club). Record of this commitment only appears on the tape of the hearing. The need for the
gates is related to the approval of the development in the vicinity. The City staff estimated a
cost of $50,000 for the gates.
The Albertson's site is nearing completion. It is the expectation of the Vista Del Canon
residents that the gates will be in place by the time Albertson's is open. To prepare for the gate
installation, related street improvements are underway, these consist of two cul-de-sacs to allow
for traffic turn around in Vista Del Canon Drive, ahead of the gates. A memorandum of
understanding was developed to specify the terms and obligations as part of the City's
commitment. The City will have no further involvement, liability, or responsibility for
maintenance once the gates are installed. The Vista Del Canon site, including the private street
of Vista Del Canon Drive, is presently in the County of Los Angeles.
RECOMMENDATION
1., Approve the Mitigation Agreement between the City and the Vista Del Canon
Homeowners Association, and authorize the Mayor to sign on behalf of the City.
ApROW ED Agenda Item:
2. Authorize the expenditure of funds in the amount of a maximum of $50,000 from
account no. 01-4101-290 (contingency).
Mitigation Agreement
RAH:MAR:lep
s:\ cd\council\9011gate.mar
MITIGATION AGREEMENT
This Mitigation Agreement (the "Agreement") is made this
day of , 1995, by and between the City of
Santa Clarita, a municipal corporation, organized and existing -
under the general laws of the State of California (the "City"),
and the Vista del Canon Homeowners' Association (the
"Association"), organized and existing under the "Bylaws of Tract
44328 Homeowners Association," as recorded with the
Registrar/Recorder of the County of Los Angeles.
RECITALS
A. The City enters into this Agreement pursuant to Part 4
of Chapter 17 of the Santa Clarita Municipal Code (the
"Santa Clarita Municipal Code" or Santa Clarita Code").
B. The Association has the responsibility of administering
that certain real property (the "Project Site") located in the
unincorporated area of the County of Los Angeles, California, as
documented in Exhibit A together with the power to grant
easements and contract for the maintenance of the Project Site.
The legal description for the Project Site consists of a private
drive (Vista del Canon), generally located south and east of Via
Princessa and Sierra Highway. For the purpose of this Agreement,
the Project Site does not include the adjacent 19.8 acre
residential development also known as Vista del Canon.
C. The Parties desire to enter into this Agreement
relating to the Project Site as a traffic mitigation measure and
in conformance with the Santa Clarita Code in order to achieve
the development of the Project Site as expressly permitted under
the terms of this Agreement, all in the promotion of the health,
safety, and welfare of the City of Santa Clarita and the
residents of the Santa Clarita Valley.
D. Following duly noticed public hearings, on January 8
and 29, 1991 and February 12, 1991, the City Council of the City
adopted Ordinance No. 91-3, approving an annexation and
development agreement (the "Price Club Agreement") by and between
the City of Santa Clarita, CP Shopping Center Partners, Canyon
Park Princessa Partners, and the Price Company, approving the
Price Club and approximately 310,000 square feet of additional
commercial development to be located on the north and south sides
of Via Princessa, east of Sierra Highway. Annexation of the site
to the City was completed on May 30, 1991, creating an
LAX2:140507.1
approximately 20 acre island of unincorporated territory
containing Vista del Canon and the Vista del Canon Condominiums.
E. At the above -referenced February 12, 1991 public
hearing, the City of Council of the City agreed to, inter alfa,
mitigate to a less than significant level potential negative
traffic impacts to Vista del Canon and the Vista del Canon
Condominiums associated with the Price Club Agreement. To
mitigate these traffic impacts, the City promised to provide a
maximum of $50,000.00 funding to the Association for the private
gating of Vista del Canon to restrict general vehicular access
between Sierra Highway and Via Princessa, by Vista del Canon, and
to permit use to Vista del Canon residents, guests of Vista del
Canon residents, and emergency personnel (the "Mitigation").
F. On August 25, 1995, the Association, based in part on
the representations relating to the Mitigation during the
February 12, 1991 hearing, entered into a Reciprocal Easement,
Development and Operation Agreement with Albertson's Inc.
("Albertson's Agreement"). As a condition to the Albertson's
Agreement, Albertson's Inc. agreed to build the cul-de-sacs
located adjacent to the Mitigation.
AGREEMENT
NOW, THEREFORE, with reference, to the above Recitals,
and in consideration for the mutual covenants, promises and
agreements contained within this Agreement, the City and the
Association agree as follows:
1. Definitions. In this Agreement, unless the context
otherwise requires:
(a) "Applicable Rules" means the rules regulations,
and official policies of the county of Los Angeles in
force as of the date of recordation of the first Tract
Map for 44328, governing development, density,
permitted uses, growth management, environmental
consideration, and design criteria applicable to the
Project; provided, however, that the term "Applicable
Rules" shall include any improvement and construction
standards and specifications, including, without
limitation, building codes or grading requirements in
effect at the time the Developer seeks the remaining
building permits for any part, or all, of the Project
Site.
(b) "Discretionary Actions; discretionary approval" is
an action which requires the exercise of judgment,
deliberation, or a decision, and which contemplates and
LAX2:I40507.1 -2-
authorizes the imposition of revisions or conditions,
by the City, in the process of approving or
disapproving a particular activity, as distinguished
from an activity which merely requires the City,
including any board, commission, or department of the
City and any officer or employee of the City, to
determine whether there has been compliance with
applicable statutes, ordinances, regulations, or
conditions of approval.
(c) "Effective Date" is the date this Agreement is
executed by all parties. In the event that this
Agreement is executed by the Parties on different
dates, the date the last Party executes this Agreement
shall constitute the Effective Date.
(d) "Subsequent Applicable Rules" means the rules,
regulations, and official policies of the City, as they
may be adopted and effective after the Effective Date
of this Agreement, governing development, density,
permitted uses, growth management, environmental
consideration, and design criteria applicable to the
Project Site to the extent specified in paragraph (a)
of Section 7 of this Agreement.
2. Interest of the Association. The Association
represents to the City that as of the Effective Date, its members
own the Project Site in fee, subject to encumbrances, easements,
covenants, conditions, restrictions and other matters of record
in the Project Site.
3. Binding Effect. This Agreement, and all of the terms
and conditions of this Agreement, shall run with the land
comprising the Project Site and shall be binding upon and inure
to the benefit of the parties and their respective assigns,
heirs, or other successors in interest. This Agreement shall be
recorded in accordance with the requirement of the Government
Code.
4. Negation of Agency. The Parties acknowledge that, in
entering into and performing this Agreement, each is acting as an
independent entity and not as an agent of the other in any
respect. Nothing contained herein or in any document executed in
connection herewith shall be construed as making the City and the
Association partners or participants in a joint venture.
5. Use and Development of the Property. This Agreement
allows only for the transfer of funds for Mitigation as defined
in this Agreement for the purpose of facilitating the development
of the Project Site to the City of Santa Clarita. This Agreement
shall not in any way affect the use of the Project Site, except
w 2:14osm.1 -3-
that Vista Del Canon shall remain gated in the manner anticipated
by this Agreement.
6. Agreement and Assurance on the Part of the Association.
The Parties intend by this Agreement to allow for the transfer of
funds from the City to the Association for the sole purpose of
implementing a mitigation measure under the provisions of the
California Environmental Quality Act (CEQA); specifically, the
gating of Vista del Canon to mitigate to an insignificant level
potential negative environmental impacts to the Vista del Canon
residential development associated with traffic generated by
commercial development approved by the Price Club Agreement; to
provide consideration to the Association to balance the direct
and indirect public benefits conferred upon City residents by the
Price Club Agreement; and to provide public assurance that this
Agreement is fair, just, and reasonable, and prompted by the
necessities of the situation. The Association shall be
responsible for obtaining the appropriate permits/approvals for
installation and activities associated with installation of said
gate(s); for facilitating the design, installation, and
maintenance of said Mitigation; for implementing infrastructure
modifications, if necessary, associated with said Mitigation; and
for paying all expenses in excess of $50,000 associated with said
Mitigation.
In consideration of the foregoing, the Association
agrees that the Mitigation shall represent the sole remedy in
connection with the City's approval of the Price Club Agreement
and the City's aforementioned representations made at the
February 12, 1991 public hearing within 2 years of the this
Agreement.
7. Agreement and Assurances on th
order to effectuate the provisions of th
inducement for the Association to obliga
the covenants and conditions set forth i
of this Agreement, and in consideration
so, the City hereby agrees and assures t
will fund the Mitigation pursuant to the
this Agreement and the Applicable Rules.
Association directly sums that do not ex
presentation of documents or invoices ev
of sums or contracts for materials and s
the Mitigation within 2 years of this Ag
Agreement shall be construed to allow fo
attorneys fees associated with this Agre
except where otherwise provided for in t
shall Dav all reauired sums within thirt
B Part of the City. In
Ls Agreement, and as an
:e itself to carry out
1 the preceding Section 6
Cor the Association doing
ie Association that it
terms and conditions of
The City shall pay the
geed $50,000, upon
idencing the expenditure
arvices consistent with
:eement. Nothing in this
the payment of
ament or the Mitigation,
its Agreement. The City
7 (30) days of
presentation of appropriate documentation to the City. The
Mitigation shall include the purchase of said gate(s),
engineering services associated with installation of said
gate(s), physical installation of said gate(s), and required
v xza40s0z i -4-
modifications to Vista del Canon necessary for the installation
of said gate(s). The Mitigation shall not include any expenses
in excess of $50,000, maintenance or operation costs associated
with said gate(s), or liability insurance associated with said
gate(s). In furtherance of such agreement and assurances, and
pursuant to the authority to the authority and provisions set
forth in the Santa Clarita Code, the City, in entering into this
Agreement, hereby agrees and acknowledges that:
(a) Consistency With Applicable Rules. The City
finds, based upon all information made available to the City
prior to or concurrently with the execution of this Agreement,
that there are no Applicable Rules that would prohibit or prevent
the full completion of Mitigation as described and in accordance
with this Agreement.
(b) Subsequent Discretionary Actions. With respect to
any Discretionary Action or Discretionary Approval that is
required subsequent to the execution of this Agreement, the City
agrees that it will not condition or delay any such Discretionary
Action or Discretionary Approval which must be issued by the City
in order for the Mitigation of Vista del Canon to proceed. In
addition, no condition shall preclude or otherwise limit the
Association's ability to implement the Mitigation as set froth in
this Agreement, unless the City determines that the failure of
the City to impose such condition would place residents of the
City in a condition substantially dangerous to their health or
safety, which condition cannot otherwise be mitigated in a
reasonable manner, as determined by the City Council of the City
in its sole discretion.
(c) Cooperation and Implementation. The City agrees
that it will cooperate with the Association to the fullest extent
reasonable and feasible to implement this Agreement. The City
will commence and in a timely manner proceed to complete all
steps necessary for the implementation of this Agreement,
including, but not limited to, the processing and checking of any
and all agreements, covenants, applications, and related matters
required under the conditions of this Agreement, building plans
and specifications and any other plans necessary for the
implementation of this Agreement. The Association will, in a
timely manner, provide the City with all documents, plans, and
other information necessary for the City to carry out its
obligations under this Agreement.
8. Term of Agreement. Installation of said gate(s) shall
be initiated within one (1) year of this Agreement and must be
completed within two (2) years of this Agreement. The Agreement
shall remain in effect for a term of two (2) years from the date
of this Agreement, or termination upon completion of the
installation of the gates whichever occurs first. Unless said
term is terminated, modified, or extended by circumstances set
LAX2:140507.1 -5-
forth in this Agreement, or by mutual written consent of the
Parties. Following the expiration of said term, this Agreement
shall be deemed terminated and of no further force and effect;
provided, such termination shall not automatically affect any
right arising from City approvals on the Project Site prior to,
concurrently with, or subsequent to the Effective Date of this
Agreement.
In addition to specific provisions of this Agreement,
performance by either Party hereunder shall not be deemed to be
in default where delays or failures to perform are due to war,
insurrection, strikes, lock -outs, riots, floods, earthquakes, the
discover and resolution of hazardous waste or significant
geologic, hydrologic, archaeologic or paleontologic problems on
the Project Site, fires, casualties, acts of God, governmental
restrictions imposed or mandated by other governmental entities,
enactment of conflicting state or federal statues or regulations,
judicial decisions, or any similar basis for excuse from
performance which is not within the reasonable control of the
Party to be excused. If any such events occur, the term of this
Agreement and the time for performance by either Party of any of
its obligations hereunder shall be extended for the period of
time that such events prevented such performance.
9. Remedies for Default. It is acknowledged by the
Parties that the City would not have entered into this Agreement
if it were to have unlimited liability and damages under this
Agreement, or with respect to this Agreement, or the application
thereof.. The Parties agree and recognize that, the City's and
the Association's remedies under this Agreement shall be limited
to the right to specifically enforce the terms of this Agreement.
In addition to specific performance, if the Association fails to
complete any act or performance specified in this Agreement, the
Association shall have no further right to or entitlement to
payment for the gating of Vista del Canon until the default has
been cured as provided in this Agreement. The Parties recognize
that this section may result in the limitation or cessation of
the rights otherwise conferred by this Agreement upon the
Association, including any persons or entities acquiring title to
or who are ,interested in the Project Site, or any portion
thereof.
10. Notices. All notices under this Agreement shall be in
writing and shall be effective when personally delivered or upon
certified mail, postage prepaid, return receipt requested, to the
i nX2:140507.1 -6-
following representatives of the parties at the addresses
indicated below:
If to City: City of Santa Clarita
23920 Valencia Boulevard
Suite 300
Santa Clarita, CA 92355
Attention: City Manager
Send copy to Carl K. Newton, City Attorney
c/o Burke, Williams & Sorensen
611 West 6th Street, 25th Floor
Los Angeles, California 90017
If to the Assoc.: Vista Del Canon Homeowners' Assoc.
18860 W. Vista del Canon
Newhall, Ca 91321
Attn: Jim Sage
11. Severability and Termination. If any provision of this
Agreement should be determined by a court to be invalid or
unenforceable, or if any provision of this Agreement is
superseded or rendered unenforceable according to any law which
becomes effective after the Effective Date, the remainder of this
Agreement shall not be affected to the extent the remaining
provisions are not rendered impractical to perform, taking into
consideration the purposes of this Agreement.
12. Time of Essence. Time is of the essence for each
provision of this Agreement of which time is an element.
13. Amendment or Cancellation. Subject to applicable
notice and hearing requirements, this Agreement may be amended
from time to time, or cancelled in whole or in part, by mutual
consent of the Parties or their successors in interest.
14. Waiver. No waiver of any provision of this Agreement
shall be effective unless in writing and signed by a duly
authorized representative of the Party against whom enforcement
of a waiver is sought and referred expressly to this Section. No
waiver of any right or remedy In respect of any occurrence or
event shall be deemed a waiver of any right or remedy in respect
of any other occurrence or event.
15. successors and Assigns. The provisions of this
Agreement shall be binding upon and inure to the benefit of the
Parties, and subsequent owner of all or any portion of the
Project Site and their respective successors and assigns. The
rights of the Association under this Agreement may be transferred
or assigned in whole or in part by the Association only upon
LAx2:140507.1 -7-
prior written approval of the City which shall not be
unreasonably withheld or delayed.
16. Interpretation and Governing state Law. This Agreement
and any dispute arising hereunder shall be governed and
interpreted in accordance with the laws of the State of
California. This Agreement shall be construed as a whole
according to its fair language and common meaning to achieve the
objectives and purposes of the Parties hereto, and the rule of
construction to the effect that ambiguities are to be resolved
against the drafting Party shall not be employed in interpreting
this Agreement, both Parties having been represented by counsel
in the negotiation and preparation hereof.
17. Constructive Notice and Acceptance. Every person who,
now or hereafter owns or acquires any right, title or interest in
or to any portion of the Project Site is, and shall be,
conclusively deemed to have consented and agreed to every
provision contained herein, provided that reference to this
Agreement is contained in the instrument by which such person
acquired an .interest in the Project Site.
18. No Third Party Beneficiaries. This Agreement is made
and entered into for the sole protection and benefit of the
Parties and their successors and assigns. No other person shall
have any right of action based upon any provision of this
Agreement.
19. Indemnification. The Parties hereby agree that the
design installation, maintenance and operation of the Mitigation
are the sole responsibility of the Association. Moreover, the
Association hereby agrees to protect, defend, indemnify and hold
harmless the City, its officers, officials, employees and
volunteers from and against any and all claims, demands, losses,
defense costs or expenses, or liability of any kind or nature
which the City, its officers, agents and employees may sustain or
incur or which may be imposed upon them for injury to or death of
persons, or damage to property arising out of the design,
installation, construction, operation, maintenance of the
Mitigation, or any other activity arising out of this Agreement,
excepting only liability arising out of the sole negligence of
the City.
20. Attorney's Fees. If either Party commences any action
for the interpretation, enforcement, termination, cancellation or
rescission hereof, or for specific performance for the breach
hereof,the prevailing Party shall be entitled to Its reasonable
attorneys' fees and costs.
21. Counterparts. This Agreement may executed in two or
more identical counterparts, each of which shall be deemed to be
an original and each of which shall be deemed to be one and the
LAx2:140507.1 -8-
same instrument when each party signs each such counterpart.
Should any or all of the provisions of this Agreement be found to
be in conflict with any other provision or provisions found in
the Project Approvals, Applicable Rules, Subsequent Applicable
Rules or Zoning Ordinance then the provisions(s) of this
Agreement shall prevail.
IN WITNESS WHEREOF, the Parties have each executed this
Agreement on the date first written below.
Dated: , 1995
Dated: , 1995
Dated:
1995
CITY OF SANTA CLARITA
By:_
ATTEST
City Manager
City Clerk
Approved as to Form:
City Attorney
Dated: , 1995 VISTA DEL CANON
ASSOCIATION
By:
W(2:140507.1 -9-
EXHIBIT "A"
Easement Area
ASSOCIATION'S PROPERTY
WITHIN SIERRA HIGHWAY EASEMENT AREA
A parcel of land in the County of Los Angeles, State of California being fin-thec,described
as follows: Commencing at a County Engineer's Brass Cap Survey Monument in Well at
the: center line intersection Sierra Highway and ViaPrincessa; thence Southwesterly along
the centerline of Sierra Highway as Per Parcel 131-7 of that Deed Recorded in Book D-
3757, at Page 566 of Official Recorded, in the Office of the County Recorder, -County of
Los Angeles, State of California South 50 degrees 48 minutes 54 seconds West (S 500 48'
54" W) 304.57 feet; thence South 53 degrees 49 minutes 46 seconds West (S 530 49' 46'
W) 500.69 feet; thence South 50 degrees 48 minutes 54 seconds West (S 500 48' 54 W)
12.67 feet to the Northwesterly prolongation of the centerline of Vista Del Canon, a private
street shown on the map of Tract No. 44328 recorded in Map Book 1129 at pages 31 to 86
inclusive, records of the County Recorder, of said county and state; thence Southeasterly
along said Northwesterly prolongation South 39 degrees 11 mimutes 09 seconds East (S
39° ill 09" E) 50.00 feet to apoint in the Southerly line of Sierra Highway and the true
point ofbaginning;thence Northeasterly along said Southerly line by the following two (2)
courses:
1. North 50 degrees 48 minutes 54 seconds East (N500 48'54" E), a distance of
11.35 feet; thence
2. North 53 degrees 49 minutes 46 seconds East (N 530 49'46" E), a distance of
37.10 feet to the most Westerly comer of Lot 12 as shown on said map of
Tract no. 44328; thence Southwesterly and Southeasterly along the
Southwesterly line of said Lot 12 by the following three (3) courses,
3. Along the arc of a curve to the left, said curve having a radius of 17.00 feet,
arc length of 27.60 feet, and a central tingle of 093 degrees 00 minutes 55
seconds (093° 00'35"), a radial bearing to said curve bears North 36 degrees
10 minutes 14 seconds West (N 36° 10' 14" W); thence
4. South 50 degrees 51 mimrtes 43 seconds West (S 500 51'43" W), a distance
of 5.00 feet; thence
5. South 39 degrees 11 mimites 09 seconds East (S 390 11' 09" E), a distance of
81.92 feet to the beginning of a non -tangent curve concave Northwesterly,
thence leaving said Southwesterly line
6. Along the arc of said curve to the right, having aradius of 31.00 feet, arc
length of 70.43 feet, and a central angle of 130 degrees 10 minutes 01 seconds
(130° 10' 01"). a radial bearing to said curve bears South 79 degrees 21
minutes 10 seconds East (S 79° 21' 10" E); thence Southwesterly along a
radial bearing to said curve
95--1390474
7. South 50 degrees 48 minutes 51 seconds West (S 50° 48' 51" W), a distance
of3.00 f.:etto apoint in the Southwesterly line of said of Vista Dal Canon, a
Private street; thence orthwesterly and Southwesterly along said
Southwesterly line by the following three (3) courses
8. North 39 degrees 11 minutes 09 seconds West IN 39° 11' 09" W), a distance
of 52.12 feet; thence
9. North 53 degrees 13 mimdes 19 seconds West (N 53113'19" W), a distance
of 8.28 feet to the beginning of anon -tangent curve concave Southerly, thence
10. Along the arc of said curve to the left, to the Southeasterly line of Sierra
Highway, a radial bearing to said curve bears North 50 degrees 48 minutes 51
seconds East (N 50° 48' 51" E) said curve having a radius of 17.00 f"e arc
length of 26,70 feet, and a central angle of 089 degrees 59 minutes 57 seconds
(089° 59' 57"); thence Northeasterly along said line
11. North 50 degrees 48 minutes 54 seconds East (N 500 48'54" E), a distance of
47.50 feet to the true point of beginning. .
The above described parcel contains 5,753 square feet more or less.
ASSOCIATION'S PROPERTY
WITHIN VIA PRINCESSA EASEMENT AREA
A parcel of land located in the County of Los Angeles, State of California being further
described as follows: Commencing at a County Engineers Brass Cap Survey Monument in
Well at the center line intersection Siern Highway and Via Princessa; thence
Southeasterly along the cerrterline of Via Princessa South 46 degrees 45 minutes 33
seconds East (S46° 45' 33"E) 602.76 feet to the Northeasterly prolongation of the
centerline of Vista Del Canon, aprivate street shown on the map of Tract No, 44328
recorded in Map Book 1129 at pages 81 to 86 inclusive, records.of the County Recorder,
of said county and state; thence Southwesterly along said Northeasterly prolongation South
43 degrees 14 minutes 27 seconds West (S 43° 14' 27-'W) 55.41 feet to a point in tho
Southwesterly line of ViaPrincessa and the true point of beginning; thence Northwesterly
along said Southwesterly line,
1. North 47 degrees 48 mintdes 02 seconds West (N470 43'02" I7), a distance
of 47.82 feet to the most Easterly corner of -Lot 12 as shown on the map of said
Tract No. 44328, said comer being the beginning of a non-tarinend curve,
concave Westerly, %radial to said arve bears North 42 degrees 11 minutes
58 seconds East (N 42° 11' 58" E); thence Southwesterly along the
Southeasterly line of said Lot 12 by the following nine (9) courses,
2. Southerly alo4g the arc of said non -tangent curve to the right, said ctu-ve
having a radius of 17.00 feet, arc length of 27.01 feet, and a qeattal angle of
091 degrees 02 mintrtes 29 seconds (091° 02'29"); thence Southeasterly along
a radial line to said ctu-va,
_ 3. South 46 degrees 45 minutes 33 seconds East (S 460 45' 33" E),'a distance of
5.00 feet; thence, - -
95=1390474-
4. ' South 43 degrees 14 minutes 27 seconds Wed( S43' 14'27"W), a distance of
38.45 feet to the beginning of a tangent curve to the left; thence,
5. Along the arc of said curve having aradius of 527.00 feet, arc length of 52.88
feet, and, a central angle of 005 degrees 44 minutes 58 seconds (005° 44' 58")
to, a point of compound curvature; thence,
6. Along the arc of said curve having aradius of 103.00 feet, arc length of
11.25 feet, and a central angle of 006 degrees 15 minutes 37 seconds
(006' 15' 37); thence tangent to said curve,
7. South 31 degrees 13 minutes 52 seconds West (531013' 52"W), a distance of
40.29 feet to the beginning of a tangent curve to the right; thence,
8. Along the arc of said curve having a radius of 97.00 feet, arc Iength of 0.93
feet, and a central angle of 000 degrees 332 minutes 52 seconds (000' 32' 52")
to apoint of reverse curvature; thence,
9. Along the arc of said curve having a radius of 524.50 feet, arc length of 77.89
feet, and a central angle of 008 degrees 30 minutes 32 seconds (008' 30' 32")
to apoint of reverse eury tune; thence,
10. Along the arc of a curve to the right, said curve having aradius of475.50
feet, arc length of 35.97 feet, and a central angle of 004 degrees 20- ,
minutes 02 seconds (004' 20' 02"), to the beginning of a non -tangent curve
concave Northerly, a radial to said curve bears South 42 degrees 15 minutes
04 seconds West; thence leaving the Southeasterly Iine of said Lot 12,
11. Along the arc of said non -tangent curve to the Ieft, having aradius of 38.00
t, -arc length -of 72.23 feet, and a central angle of 108 degrees 58 mimtes
52 seconds (108' 58'32") to apoint ofreverse curvature, said point beim a
point in the Southeasterly line of Vista Del Canon, aprivate street shown on
that map of said Tract No. 44328; thence Northeade ly along said
Southeasterly line by the following nine courses:
12. Along the arc of a curve to the right, said curve having a radius of475.50
feet, arc length of 70.62 feet, and a central angle of 008 degrees 30
minutes 32 seconds (008'30'32") to apoint of compound curvature; thence
13. Along the arc of a curve to the right, said curve having a radius of 9400 feet,
arc length of 10.94 feet, and a central angle of 006 degrees 40 minutes 04
seconds (006' 40' 04"); thence tangent to said curve,
14. North 38 degrees 31 minutes 51 seconds East (Y 38' 31'51" E), a distance of
34.64 feet to the beginning of a tangent curve; thence
15. Along the arc of a curye to the left, said curve having a radius of 106.00 feet,
arc length of 1.77 fest, and a central angle of 000 degrees 57 minutes 19'
seconds (000° 57' 19") to a point of reverse curvature; thence -
95=1390474
16. Afong the arc of a curve to the right, said curve having a radius of 473.00 feet,
arc length of 47.46 feet, and a central angle of 005 degrees 44 minutes 58
seconds (005' 44' 58"); thence tangent to said curve -
17. North 43 degrees 19 minuses 30 seconds East (N 43' 19'.30"E), a distance of
32.18 feet; thence
18. North 57 degrees 21 minutes 41 seconds East (N 57' 21'41" E), a distance of
8.25 feet to the beginning of non -tangent curve concave Southerly, thence,
19. ,Hong the arc of a curve to the right, a radial to said curve bears North 46
degrees 45 minutes 33 seconds West (N46' 45' 33"W) said curve having a
radius of 17.00 feet, arc length of 26;37 feet, and a central angle of 083
degrees 55 minutes 49 seconds (088' 55'49") to apoint in the Southwesterly
line of Via Princessa; thence Northwesterly along said Southwesterly Iine
through the following two courses:
20. Along the arc of a non-taageat ctuve to the right, a radial to said curve bear.
South 42 degrees 10 minutes 16 seconds West, said ctnve having a radius of
1,564.65 feet, arc length of 0.77 feet, and a central angle of 000 degrees 01
minutes 42 seconds (000'01'42"); thence
21. North 47 degrees 48 minutes 02 seconds West (N 47' 48' 02" W), a distance
of46.60 feet to the true point of beginning. v -
The above described parcel contains approximately 13,700 square feet
Louis E. Rutledge,
_ PLS 3794
PLS3794
EXP. 6/30/96 1
OF
-95-1390474