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HomeMy WebLinkAboutCanyons at Bighorn Compliance Open Space Dedication Requirements CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: PHILIP DRELL, DIRECTOR OF COMMUNITY DEVELOPMENT DATE: AUGUST 26, 1999 SUBJECT: CANYONS AT BIGHORN COMPLIANCE WITH OPEN SPACE DEDICATION REQUIREMENTS APPLICANT: Mr. Carl Cardinalli Bighorn Development LLC 255 Palowet Palm Desert, CA 92260 RECOMMENDATION: By minute motion direct staff to deliver to the California Department of Fish and Game (DF&G) open space grant of easement from Bighorn Development LLC (Bighorn) providing for protection of the buffer area in perpetuity. II. BACKGROUND: Mitigation measure 13.2 from the Second Addendum to the Bighorn EIR states: 13.2 (New) Prior to the issuance of the first building permit for any development in these subdivisions, the property owner shall deliver an offer of dedication to the California Department of Fish and Game or its public agency designee for the 400-yard buffer area within its ownership. The offer shall be in perpetuity. Over the past several months, Bighorn has been attempting to convince DF&G that the open space easement should terminate if the Bighorn Institute ceases its on-site breeding activities. This issue had come up during the approval process and DF&G has insisted on the "in perpetuity language". DF&G has continued to require that the easement require permanent open space protection for the area. Since the open space dedication has not occurred, the City withheld home building permits which were otherwise ready for issuance. CITY COUNCIL STAFF REPORT CANYONS AT BIGHORN AUGUST 26, 1999 To allow those permits to be issued Bighorn submitted to the City two signed versions of the dedication; one in perpetuity and one with termination. The City Council was authorized to deliver to DF&G either version (see letter from Carl Cardinalli dated July 27). Based on our possession of these signed dedications, the City Attorney directed that permits be released. Although Bighorn has given the City the choice, CEQA will require an amendment to the EIR addendum if we wish to consider the easement termination language. Given the historical circumstances surrounding this project's environmental review, we do not believe it is in the City's or applicant's interest to reopen the CEQA process. The staff, therefore, recommends that the open space dedication which is consistent with the adopted second addendum to the EIR be delivered to the DF&G. If the council decides to consider the alternative termination language, direct staff to initiate the appropriate CEQA amendment process. III. ATTACHMENTS: 1 . July 27, 1999 letter from Bighorn Developers LLC 2. Grant of Easement (in perpetuity) 3. Grant of Easement (with termination) CITY COUNCIL ACTION: APPROVED * DENIED RECEIVED OTHER METI DATE AMC " PHILIP DRELL NOES: AA e 1 DIRECTOR OF COMMUNITY DEVELOPMENABSENT: AtL o; ABSTAIN: _-1 ,ult VERIFIED BY: 'C.1 i /tm Original on File wit C3�y Clerk's Office * By Minute Motion, direct staff to convey to the California Department of Fish and Game the conservation easement dedication from Bighorn Development, LLC, providing for protection of the buffer area in perpetuity, with allowance for continued use of the existing golf cart path by Bighorn Institute for monitoring its pens in that area. CITY OF PALM DESERT INTEROFFICE MEMORANDUM To: Mayor and City Councilmembers From: Noreen Bouchard "6\4!) Records Technician Subject: Canyons at Bighorn Date: August 23, 1999 Attached is a copy of a Grant of Easement which was inadvertently omitted from the City Council Agenda Packet. The attached Grant of Easement is in addition to the one which was copied; although they look similar, page three of the copy attached contains additional wording. Please insert this in sorter section N-O, with the other documents relating to Item "G. Determination of Canyons at Bighorn Compliance with Open Space Dedication Requirements". • RECEIVED July 27, 1999 J U is 2 8 1999 CITY OFI MANAGER 'f R Mr. Ray Diaz City Manager, City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 Re: Compliance with Conditions of Approval and Issuance of Building Permits Dear Ray: Measure 13.2 of the conditions of approval of the Vesting Tentative Tract Map for Tract 25296 includes the requirement that the developer dedicate the land comprising the 400-yard buffer to the California Department of Fish & Game. BIGHORN Development, LLC, has proffered conveyance to the DF&G in satisfaction of the condition. The DF&G, however, rejected the conveyance because it calls for a reversion of the land to the developer in the event the reason for the mitigation measure no longer exists. BIGHORN Development does not believe the DF&G's interpretation was the intention of the City in imposing the mitigation measure. BIGHORN has been negotiating with the DF&G for several months to resolve this matter and has continued to tender the conveyance, subject to reversion. The City's mitigation measures provide that no building permits will be issued by the City to the developer until the conveyance, in perpetuity, is offered to the DF&G. We are at a point in the development where commencement of construction of various structures is critical to our ability to complete improvements to the perimeter of the project. Therefore, in order that building permits may be issued, the determination of the City's intent with respect to the form of conveyance which is acceptable to satisfy the mitigation measure is critical. We would propose the following: BIGHORN Development herewith submits to the City two forms of conveyance (attached), each one of which is executable by the DF&G. One conveyance is in BIGHORN DEVELOPMENT, LLC 255 PALOWET DRIVE, PALM DESERT, CALIFORNIA 92260 U S A a 760 341-4653 • fax 760 776-7125 • Mr. Ray Diaz July 27, 1999 Page 2 perpetuity without reversionary rights and the other is in perpetuity with reversionary rights. We would leave the determination of the City's intent of the form of the conveyance to satisfy the mitigation measure to the City Council. We will abide by the City Council's determination. In fact, the City is hereby authorized, on determination by the City Council, to proffer to the DF&G either of the two forms of conveyance. This proposal would remove BIGHORN's right to object to whichever of the two forms of conveyance is intended by the City Council. We would only reserve the right to make a presentation or answer questions of the City Council prior to its determination. Based on this position, and removing from BIGHORN Development any discretion on this matter, request is made for the immediate issuance of building permits which would otherwise be issued by the City, but for the requirement of the mitigation measure. Ray, thank you for your assistance. I hope you can appreciate the urgency with which we are submitting this proposal. Sincerely, Carl T. Cardinalli Vice President CC: Larry Olson Dave Erwin RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: No recording fee pursuant to Gov't Code § 27383 GRANT OF EASEMENT (Dedication of Open Space Easement) BIGHORN DEVELOPMENT, LLC, a California limited liability company ("Grantor"), hereby grants in favor of the State of California ("Grantee") an open space easement over that real property located in the City of Palm Desert, Riverside County, California, described in Exhibit "A" and depicted in Exhibit "B" attached hereto. The real property which is the subject of this easement is hereafter referred to as the "Easement Area." This easement is created as a mitigation measure with respect to Grantor's development of Tentative Tracts 25296 and 28575 (including all phases thereof) in the City of Palm Desert, Riverside County, California (the "Tracts"). The purpose of the easement is to provide a buffer area between the Tracts and adjacent real property ("Institute Property") owned by the Bighorn Institute ("Institute") in order to mitigate the effect of the Tracts and improvements constructed thereon on Peninsula Bighorn Sheep which are bred and maintained on the Institute Property. The Institute Property is also depicted in Exhibit "B." Except for the temporary grading activities described below,no improvements or uses of any kind will be permitted within the Easement Area and the surface of the ground within the Easement Area and any plants or animals located therein will remain undisturbed. Grantee's authorized representative may enter the Easement Area at reasonable times specifically to monitor Grantor's compliance with the terms of this Conservation Easement. Neither Owners within the Tracts, their guests, employees, representatives or the general public, will have any right to enter or to use the Easement Area. The Institute's authorized representative may enter the Easement Area to reach or observe the Institute Property, provided such access is on foot to avoid potential adverse impacts to the desert tortoise, a listed species. Notwithstanding the above, Grantor shall have a temporary grading right within an area not in excess of fifty (50) feet within the Easement Area, adjacent to the Tracts, as depicted in Exhibit "B" (the "Grading Disturbance Area"). Grading within the Grading Disturbance Area will be allowed in order to harmonize grades and provide adequate drainage as set forth in the subdivision map for Tract 25296. The Grading Disturbance Area may be entered only at times other than the Institute's lambing season (February 1 through June 30). Notwithstanding the existence of the Grading Disturbance Area, no grading activities will be permitted within Dead Indian Creek unless specifically authorized by the California Department of Fish and Game and the U.S. Army Corps. of Engineers. The Grading Disturbance Area will be restored to a natural condition within ninety (90) days following completion of grading activities, all such restoration to be conducted at times other than the lambing season, as defined above. The City of Palm Desert will have the right to require that Grantor cease grading on the Tracts if it has not complied with the requirements of the preceding sentence. Prior to the commencement of any pre-saturation or grading activities within the Grading Disturbance Area, Grantor will install temporary construction fencing at the south boundary of the Grading Disturbance Area in order to prevent entry into the remainder of the Easement Area. RVBUS\MG\522813 -2- Following completion of grading and restoration activities within the Grading Disturbance Area,the Easement Area will remain free from development activities and development related alterations for so long as this Easement remains in effect. This Easement shall remain in effect in perpetuity. If Grantee determines that Grantor is in violation of the terms of this Conservation Easement or that a violation is threatened, Grantee shall give written notice to Grantor of such viola- tion and demand in writing the cure of such violation. If Grantor fails to cure the violation within fifteen(15)days after receipt of said written notice and demand from Grantee,or said cure reasonably requires more than fifteen(15)days to complete and Grantor fails to begin the cure within the fifteen (15) day period or fails to continue diligently to complete the cure, Grantee may bring an action at law or in equity in a court of competent jurisdiction to enforce compliance by Grantor with the terms of this Conservation Easement, to recover any damages to which Grantee may be entitled for violation by Grantor of the terms of this Conservation Easement, and/or to enjoin the violation, ex parte as necessary, by temporary or permanent injunction to return the Easement Area to the condition in which it existed prior to any such violation or injury. Without limiting Grantor's liability therefor, Grantee may apply any damages recovered to the cost of undertaking any corrective action on the Easement Area. If Grantee, in its sole discretion, determines that circumstances require immediate action to prevent or mitigate significant damage to the conservation values of the Easement Area, Grantee may pursue its remedies under this paragraph without prior notice to Grantor or without waiting for the period provided for cure to expire. Grantee's rights under this paragraph apply equally to actual or threatened violations of the terms of this Conservation Easement. RVBUS'MG\522813 -3- If at any time in the future Grantor or any subsequent transferee uses or threatens to use such lands for purposes inconsistent with this Conservation Easement, notwithstanding Civil Code Section 815.7, the California Attorney General or any entity or individual with a justiciable interest in the preservation of this Conservation Easement has standing as interested parties in any proceeding affecting this Conservation Easement. DATED: Attgust q, 1999. BIGHORN DEVELOPMENT, LLC, a California limited liability company By: (, tzt, 77 Its: V ► ` 4" RVBUS\MG\522813 -4- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California 1, 1 • ss. County of PiVIYS1tui p On 1v1•a 11,m0 , before me, PAvI (V) wl) I It , No uTA;i?y pv$L1 ( Date Name and Title of Officer(e.g.."Jane Doe.Notary Public") p personally appeared C PAL 1 C AP1) IN p,LL 1 5 PAName(s)of Signer(s) 'x personally known to me 1 — ^ — ^ ^ ^ ^ ^ Is ^ ^ ^ f proved to me on the basis of satisfactory • 1- ,9 4, PAUL M. WHITE g evidence h U •cC COMM.#1174853 I h ( NOTARY PUBLIC-CALIFORNIA C T j • RIVERSIDE COUNTY n to be the person(x) whose name(g) is/ace • COMM.EXP.MAR.27,2002 T )� ., .,., ..-,---X subscribed to the within instrument and acknowledged to me that he/sige/ttley executed the same in his/fir/tI' r authorized t5 capacity(i:r<), and that by his/der/th lr signature(5) on the instrument the person(s), or the entity upon behalf of which the person($ r acted, executed the instrument. >° r. WITNESS my hand and official seal. P Place Notary Seal Above ' nature of otary� Public e". h T r OPTIONAL hh A Though the information below is not required by law. it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. >; r h Description of Attached Document p Title or Type of Document: Document Date: Number of Pages: - Signer(s) Other Than Named Above: • <h Capacity(ies) Claimed by Signer P Signer's Name: RIGHTTHUNBPRJNT L Individual OF SIGNER g Top of thumb here p E Corporate Officer—Title(s): p L Partner— _ Limited General p G Attorney in Fact p ❑ Trustee t� P E Guardian or Conservator E Other: p Signer Is Representing: pc ©1997 National Notary Association•9350 De Soto Ave..P.O.Box 2402•Chatsworth.CA 91313-2402 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 EXHIBIT "A" NON-EXCLUSIVE EASEMENTS FOR CONSERVATION PURPOSES TO THE STATE OF CALIFORNIA FISH & GAME ACROSS THOSE PORTIONS OF SECTION 6,TOWNSHIP 6 SOUTH, RANGE 6 EAST, AND GOVERNMENT LOTS 8 AND 9 OF SAID SECTION 6, SAN BERNARDINO MERIDIAN, IN THE CITY OF PALM DESERT,COUNTY OF RIVERSIDE, STATE OF CALIFORNIA AS SHOWN ON A MAP OF TRACT NO. 25296-1 FILED IN BOOK 277 PAGES 86 THROUGH 97 OF MAPS IN THE COUNTY RECORDERS OFFICE, OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS PARCELS 1 THROUGH 3 AS FOLLOWS: PARCEL 1 BEGINNING AT THE SOUTHEAST CORNER OF GOVERNMENT LOT 9 AS SHOWN ON THE OFFICIAL PLAT THEREOF DATED MARCH 24, 1953; THENCE ALONG THE SOUTHERLY LINE OF SAID GOVERNMENT LOT 9 SOUTH 89°49'40" WEST 392.95 FEET TO A POINT ON A LINE PARALLEL WITH AND 17.00 FEET EASTERLY OF THE EASTERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY 74 AS SHOWN ON SAID TRACT NO.25296-1; THENCE LEAVING SAID SOUTHERLY LINE AND ALONG SAID PARALLEL LINE NORTH 17°55'43" EAST 198.00 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 1200.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 58°49'31"WEST; THENCE NORTHEASTERLY ALONG SAID CURVE 490.62 FEET THROUGH A CENTRAL ANGLE OF 23°25'32"TO A POINT ON THE EASTERLY LINE OF GOVERNMENT LOT 8, AS SHOWN ON SAID OFFICIAL PLAT; THENCE ALONG SAID EASTERLY LINE OF SAID GOVERNMENT LOTS 8 AND 9 SOUTH 00°02'39"EAST 544.18 FEET TO THE POINT OF BEGINNING. CONTAINING: 3.108 ACRES,MORE OR LESS. PARCEL 2 BEGINNING AT THE CENTER OF SAID SECTION 6, THENCE ALONG THE SOUTH LINE OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 6 SOUTH 89°45'18" WEST 1830.72 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 1200.00 FEET,A RADIAL LINE TO SAID POINT BEARS NORTH 67°09'20" WEST; THENCE LEAVING SAID SOUTH LINE OF SAID NORTHWEST ONE-QUARTER NORTHEASTERLY ALONG SAID CURVE 221.16 FEET THROUGH A CENTRAL ANGLE OF 10°33'34" TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 1200.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 65°4I'27"WEST; THENCE NORTHEASTERLY ALONG SAID CURVE 698.56 FEET THROUGH A CENTRAL ANGLE OF 33°21'14"; THENCE NORTH 49°57'53"EAST 36.99 FEET; THENCE NORTH 56°19'24"EAST 45.15 FEET; I:Uobfile2\2201.15\LGLDESC.DOC THENCE NORTH 69°36'22"EAST 35.32 FEET; THENCE SOUTH 67°51'29"EAST 44.98 FEET; THENCE NORTH 82°45'31"EAST 41.19 FEET; THENCE NORTH 61°33'50"EAST 35.07 FEET; THENCE NORTH 61°33'22"EAST 70.85 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 1200.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 31°43'18"WEST; THENCE NORTHEASTERLY ALONG SAID CURVE 226.51 FEET THROUGH A CENTRAL ANGLE OF 10°48'55"; THENCE NON-TANGENT TO SAID CURVE NORTH 66°38'00"EAST 126.27 FEET; THENCE NORTH 71°42'17"EAST 86.43 FEET; THENCE NORTH 67°37'22"EAST 97.75 FEET; THENCE NORTH 76°48'05"EAST 125.96 FEET; THENCE NORTH 77°11'49"EAST 120.86 FEET; THENCE NORTH 82°35'36" EAST 123.74 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 1200.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 08°11'S8"WEST; THENCE EASTERLY ALONG SAID CURVE 840.03 FEET THROUGH A CENTRAL ANGLE OF 40°06'30"; THENCE SOUTH 58°05'28" EAST 274.23 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 1200.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE 213.94 FEET THROUGH A CENTAL ANGLE OF 10°12'54"TO A POINT ON THE NORTHERLY LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN A DEED RECORDED FEBRUARY 8, 1990 AS INSTRUMENT NO. 050588 OF OFFICIAL RECORDS OF SAID RIVERSIDE COUNTY; THENCE ALONG SAID NORTHERLY LINES THE FOLLOWING COURSES: SOUTH 72°09'45" WEST 356.18 FEET, SOUTH 61°46'05" WEST 821.28 FEET AND SOUTH 00°06'15" WEST 152.61 FEET TO THE POINT OF BEGINNING. CONTAINING: 46.132 ACRES, MORE OR LESS. PARCEL 3 COMMENCING AT THE CENTER OF SECTION 6, TOWNSHIP 6 SOUTH, RANGE 6 EAST, SAN BERNARDINO MERIDIAN; I:Uobfile2\2201.15\L.GLDESC.DOC THENCE ALONG THE SOUTH LINE OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 6 NORTH 89°44'38" EAST 1139 .83 83 FEET TO THE TRUE POINT OF BEGINNING SAID POINT ALSO BEING ON THE EAST LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN A DEED RECORDED FEBRUARY 8, 1990 AS INSTRUMENT NO. 050588 OF OFFICIAL RECORDS OF SAID RIVERSIDE COUNTY; THENCE ALONG SAID EAST LINE NORTH 04°00'15" EAST 528.39 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 1200.00 FEET,A RADIAL LINE TO SAID CURVE BEARS NORTH 49°57'29"EAST; THENCE LEAVING SAID EAST LINE SOUTHEASTERLY ALONG SAID CURVE 95.40 FEET THROUGH A CENTRAL ANGLE OF 04°33'18"; THENCE SOUTH 35°29'13"EAST 125.62 FEET; THENCE SOUTH 43°50'54"EAST 14.06 FEET; THENCE SOUTH 43°32'53" EAST 85.44 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 1200.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE 339.22 FEET THROUGH A CENTRAL ANGLE OF 16°11'47" TO A POINT ON SAID SOUTH LINE OF THE NORTHEAST ONE-QUARTER OF SECTION 6; THENCE ALONG SAID SOUTH LINE OF SAID NORTHEAST ONE-QUARTER SOUTH 89°44'38" WEST 432.93 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING: 2.726 ACRES,MORE OR LESS. ALL AS SHOWN ON EXHIBIT B, B-1, B-2 AND B-3 ATTACHED HERETO AND BY REFERENCE MADE A PART HEREOF. PREPARED UNDER THE SUPERVISION OF: RONALD P. SHELDON, R.C.E. 32180 DATE LICENSE EXPIRES DEC. 31, 2000 ci,WESS/pN �� e a U/SP(ee 2oc a T C No. 32180 Exo L-/ c / sf9T Ci v y ��� EOF CA.\F�%i I:Uobfile2\2201.15\LGLDESC.DOC EXHIBIT "Bn SKETCH TO ACCOMPANY LEGAL DESCRIPTION FOR PARCELS 1 -3. 0 600' 1200' 2400' 3600' GRAPHIC SCALE: 1"=1200' I I I I I I I �' 1 TENTATIVE TRACT �Q I NO. 25296 Z > to 3631 C' I RAcT-.E:: :. .. .. Z c" I 'Q N2 • F- O I W .......... >10 LL F- 1 :o. � Q U Q ��16 .TENTATIVE TRACT co 0 i I 2 NO. 25296 W O u_ I 4/I.... PARCEL 1 2 ~Z (SEE SHEET 3 OFI 4) F... QU • 1 uf BIGHORN INSTITUTE °f- PROPERTY PARCEL 1 LEGEND (SEE SHEET 2 OF 4) J I, ---- INDICATES SECTION LINE(S) AS SHOWN ON PARCEL 3 TRACT NO. 25296-1, M.B. 277/86-97. (SEE SHEET 4 OF 4) (reibES-§-0,;, \INDICATES BOUNDARY LINES OF TRACT NO. 25296-1, M.B. 277/86-97. �dPau/She0c0;\ INDICATES BOUNDARY LINES OF SAID / q%' CONSERVATION EASEMENTS, DESCRIBED HEREIN. X No 3 1 = m; INDICATES BOUNDARY OF TENTATIVE TRACT No. 32180 ='j NO. 25296 AS APPROVED BY THE CITY OF * fro 13/1 k" PALM DESERT ON JUNE 26, 1997. J'l C1 VIA IN I AT 9 C D C ES BOUNDARY OF TENTATIVE TRACT TF' Q�� NO. 28575 AS APPROVED BY THE CITY OF �f CAI�F� PALM DESERT ON JUNE 26, 1997. SHEET 1 OF 4 CAMARILLO (805) 388-2344 ASL Consulting Engineers IRVINE ((714 727-7099 PREPARED UNDER THE DIRECTION OF PALM SPRINGS (760 320-4220 3001 EAST TAHQUITZ CNYN. WY., #200, PASADENA (818 683-0066 ---�,_ - _ s A, /i77 PALM SPRINGS, CA 92262-6901 SAN BERNARDINO (909 381-3666 RONALD P. SHELDON, RCE 32180 DATE SAN DIEGO (619 673-5505 LICENSE EXPIRES 12/31/2000 H.\220,\DATA\SURVEv\RHI-Ex DwC MARCH•. 1999 r • EXHIBIT "B—in SKETCH TO ACCOMPANY LEGAL DESCRIPTION FOR PARCEL 1 . 0 50 100 200 300 MiiiiiiNOMMI TRACT NJ_. 52D6-i GRAPHIC SCALE: 1 "=100' ��J�-B, 27 f/` J—J f / , / / :// ''N _ NE. COR. / Sp 1pp• / / u� GOV'T. LOT 8 Sp i N35'23'S9"W(RR� 1> -.;\ 60 • l��/ -1 I // 4),() •-`'''''''',_ \ /�� `�c� 1 a,'Co / (.1.)° / / Q y / Li Q� b / PARCEL 1 o:o �(60v LLi) tdi 3.108 Ac / \�N58'49'31"WRR1 �N( J /hh ,sc .... o GI, D QcoESS10Nq s- \d P a ul sh�l�� 1 / / o c No. 32 80 �' SE. COR. * Exp l Zf 3/fly 7� GOV'T. LOT 09. _ Q N 89'49'40" E 392.95' `ff,9l ClV1� �a\ F Of COu SHEET 2 OF 4 CAMARILLO 805 388-2344 ASL Consulting Engineers IRVINE 714 727-7099 PREPARED UNDER THE DIRECTION OF PALM SPRINGS 760 320-4220 3001 EAST TAHQUITZ CNYN. WY., #200, PASADENA 818 683-0066 -r1.___7//";--c < ',N,' yy PALM SPRINGS, CA 92262-6901 SAN BERNARDINO 909 381-3666 RONALD P. SHELDON, RCE 32180 DATE SAN DIEGO 619 673-5505 LICENSE EXPIRES 12/31/2000 N\220,\DMA\9uRV[Y\eN,-Ex I.owc WRCN♦, 1999 EXHIBIT "B-2" SKETCH TO ACCOMPANY LEGAL DESCRIPTION FOR PARCEL 2. 0' 250' 500' 1000' 1500' so simimmim GRAPHIC SCALE: 1 "=500' �\]O, t)2D6-d °I 1' \ l.J. r-1 .pr -I nI ,, - LI ;I wl -i iil ;,I ,1 J z1 vl �I !�' ) < z� Z1A C3 I �1 ^I �I z ;1 0l o 1 N �s Ce" IILIL L13 �,8 ZJ Ns- NI l .2 I-. L1 C10 ,� "�� 2 CS L8 \N i 1 i i 1 h.. 4? 01 6` \,c° <Q I PARCEL 2 0 R N65'41'27"W RZ 46.132 Ac \`� 05058a0 -56'3T 46"W(R) 00• 2/S�g I c,� N67'09'20"W1R1 DNS\. REC N89'45'18"E / 2537.27' N89'44'38"E 1139.83' S. LINE OF CEN. SEC. 6 NW 1/4, SEC. 6 T.6S., R.6E. LINE TABLE INSTITUTE. PF?OP F? rY LINE BEARING LENGTH CURVE TABLE L 1 N89'45'18"E 1830.72' CURVE DELTA RADIUS LENGTH L2 N61'33'50"E 35.07' Cl 33'21'14" 1200.00' 698.56' L3 N6751'29"W 44.98' C2 10'33'34" 7200.00' 221.16' L4 N69'36'22"E 35.32' C3 40'06'30" 1200.00' 840.03' L5 N56'19'24"E 45.15' C4 10'48'55" 1200.00' 226.51' L6 N49'57'53"E 36.99' C5 10'12'54" 1200.00' 213.94' L7 N82'45'31"E 41.19' L8 N61'33'22"E 70.85' L9 N76'48'05"E 125.96' QsQFESSIONq L10 N67'37'22"E 97.75' �p QaU/s, /(, L11 N71'42'17'E 86.43' �� t\d he°i -e, L12 N66'38'00"E 726.27' `') c . �--� 2 L13 N77'11'49"E 120.86' cc No. 32180 z L14 N82'35'36'E 123.74' * Exp. i2/;I/2x.'� L15 N61'46'05"E 821.28' L16 NO0'06'15"E 152.61' Jf CIV1� ���� L17 N72'09'45"E 356.18' 9lF MAW AF� L18 N58'05'28"W 274.23' SHEET 3 OF 4 CAMARILLO 805 388-2344 ASL Consulting Engineers IRVINE 714 727-7099 PREPARED UNDER THE DIRECTION OF PALM SPRINGS 760 320-4220 3001 EAST TAHQUITZ CNYN. WY., #200, PASADENA 818 683-0066 •------�-.�,.---c<=. S'tabf..y 5 PALM SPRINGS, CA 92262-6901 SAN BERNARDINO 909 381-3666 RONALD P. SHELDON, RCE 32180 DATE SAN DIEGO 619 673-5505 LICENSE EXPIRES 12/31/2000 N:\2201\OAMA\SuRV[Y\B,,-Ex2.DWG YARC,, 4, 1999 EXHIBIT "B-3" SKETCH TO ACCOMPANY LEGAL DESCRIPTION FOR PARCEL 3. i 0 50 100 200 300 I iiim MIINIMIIIIIIIMIlli I N49'57'29"E(RZ — GRAPHIC SCALE: 1 "=100' o LINE TABLE LINE BEARING LENGTH L1 N89'44'38'E 432.93' L2 N04'00'15"E 528.39' L3 N43'32'53"W 85.44' <37 ,/, L4 N35'29'13"W 125.62' \<,/ L5 N43'50'54"W 14.06' ./` o / co co to �ii In '^^ o N L J 1-2 Z ✓�lJ - 0 o co PARCEL 3 `��`, ?(32.726 Ac u • W W� T?JACT N\1O, 2DE— J �, M\M B, 277/86-J7 W i nI CEN. SEC. 6 zi N89'44'38'E /J 1139.83' �- L1 - P. O.C. T,P,O, B, S. LINE, NE 1/4, SEC. 6 PRO r FESSIO/1%q/ INSrJrJrr Rrr (rz, UrsPF�ihaCURVE TABLE '� o l'' vo CURVE DELTA RADIUS LENGTH " No, 3218°iy,S,t C1 16'11'47" 1200.00' 339.22' Exo �1 �L C2 04'33'18" 1200.00' 95.40' *fjgj CRI\`\�scS- SHEET 4 OF 4 E OF CO CAMARILLO 805 388-2344 ASL Consulting Engineers IRVINE 714 727"-7099 PREPARED UNDER THE DIRECTION OF PALM SPRINGS 760 320-4220 3001 EAST TAHQUITZ CNYN. WY., #200, PASADENA 818 683-0066 — -----z-f'lc- S -.fon /79 PALM SPRINGS, CA 92262-6901 SAN BERNARDINO (909) 381 -3666 RONALD P. SHELDON, RCE 32180 DATE SAN DIEGO (619) 673-5505 LICENSE EXPIRES 12/31/2000 N:\2201\DATA\SUR VE Y\RNi-Ex 3.Owc MARCH 4. 1999 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: No recording fee pursuant to Gov't Code § 27383 GRANT OF EASEMENT (Dedication of Open Space Easement) BIGHORN DEVELOPMENT, LLC, a California limited liability company ("Grantor"), hereby grants in favor of the State of California ("Grantee") an open space easement over that real property located in the City of Palm Desert, Riverside County, California, described in Exhibit "A" and depicted in Exhibit "B" attached hereto. The real property which is the subject of this easement is hereafter referred to as the "Easement Area." This easement is created as a mitigation measure with respect to Grantor's development of Tentative Tracts 25296 and 28575 (including all phases thereof) in the City of Palm Desert, Riverside County, California (the "Tracts"). The purpose of the easement is to provide a buffer area between the Tracts and adjacent real property ("Institute Property") owned by the Bighorn Institute ("Institute") in order to mitigate the effect of the Tracts and improvements constructed thereon on Peninsula Bighorn Sheep which are bred and maintained on the Institute Property. The Institute Property is also depicted in Exhibit "B." Except for the temporary grading activities described below,no improvements or uses of any kind will be permitted within the Easement Area and the surface of the ground within the Easement Area and any plants or animals located therein will remain undisturbed. Grantee's authorized representative may enter the Easement Area at reasonable times specifically to monitor Grantor's compliance with the terms of this Conservation Easement. Neither Owners within the Tracts, their guests, employees, representatives or the general public, will have any right to enter or to use the Easement Area. The Institute's authorized representative may enter the Easement Area to reach or observe the Institute Property, provided such access is on foot to avoid potential adverse impacts to the desert tortoise, a listed species. Notwithstanding the above, Grantor shall have a temporary grading right within an area not in excess of fifty (50) feet within the Easement Area, adjacent to the Tracts, as depicted in Exhibit "B" (the "Grading Disturbance Area"). Grading within the Grading Disturbance Area will be allowed in order to harmonize grades and provide adequate drainage as set forth in the subdivision map for Tract 25296. The Grading Disturbance Area may be entered only at times other than the Institute's lambing season (February 1 through June 30). Notwithstanding the existence of the Grading Disturbance Area, no grading activities will be permitted within Dead Indian Creek unless specifically authorized by the California Department of Fish and Game and the U.S. Army Corps. of Engineers. The Grading Disturbance Area will be restored to a natural condition within ninety(90) days following completion of grading activities, all such restoration to be conducted at times other than the lambing season, as defined above. The City of Palm Desert will have the right to require that Grantor cease grading on the Tracts if it has not complied with the requirements of the preceding sentence. Prior to the commencement of any pre-saturation or grading activities within the Grading Disturbance Area, Grantor will install temporary construction fencing at the south boundary of the Grading Disturbance Area in order to prevent entry into the remainder of the Easement Area. RVBUS.\1G`.218696 -2- Following completion of grading and restoration activities within the Grading Disturbance Area, the Easement Area will remain free from development activities and development related alterations for so long as this Easement remains in effect. This Easement shall remain in effect so long as the Institute,a successor or other entity is similarly actively engaged in the on-site breeding and maintenance of Peninsula Bighorn Sheep on the Institute Property, or if the Institute Property is actively managed for the on-site breeding and maintenance of listed species likely to be habituated or adversely impacted by the development of the Tracts. In the event such active operation of the Institute Property for the purposes set forth in the preceding sentence ceases for a period in excess of six (6) continuous months, this easement will immediately and automatically terminate and be of no further force and effect and the restrictions described above will no longer affect the Easement Area. If Grantee determines that Grantor is in violation of the terms of this Conservation Easement or that a violation is threatened, Grantee shall give written notice to Grantor of such viola- tion and demand in writing the cure of such violation. If Grantor fails to cure the violation within fifteen(15)days after receipt of said written notice and demand from Grantee,or said cure reasonably requires more than fifteen(15)days to complete and Grantor fails to begin the cure within the fifteen (15) day period or fails to continue diligently to complete the cure, Grantee may bring an action at law or in equity in a court of competent jurisdiction to enforce compliance by Grantor with the terms of this Conservation Easement, to recover any damages to which Grantee may be entitled for violation by Grantor of the terms of this Conservation Easement, and/or to enjoin the violation, ex parte as necessary, by temporary or permanent injunction to return the Easement Area to the condition in which it existed prior to any such violation or injury. Without limiting Grantor's liability RVBUSLMG\218696 -3- therefor, Grantee may apply any damages recovered to the cost of undertaking any corrective action on the Easement Area. If Grantee, in its sole discretion, determines that circumstances require immediate action to prevent or mitigate significant damage to the conservation values of the Easement Area, Grantee may pursue its remedies under this paragraph without prior notice to Grantor or without waiting for the period provided for cure to expire. Grantee's rights under this paragraph apply equally to actual or threatened violations of the terms of this Conservation Easement. If at any time in the future Grantor or any subsequent transferee uses or threatens to use such lands for purposes inconsistent with this Conservation Easement, notwithstanding Civil Code Section 815.7, the California Attorney General or any entity or individual with a justiciable interest in the preservation of this Conservation Easement has standing as interested parties in any proceeding affecting this Conservation Easement. DATED: August 1 � , 1999. BIGHORN DEVELOPMENT, LLC, a California limited liability company By: !G</i/ Its: RVBUS\MG\218696 -4- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT pP State of California p 11 ss. p County of Ft 49431 (LP Pp On S../11 11,1°1 \ , before me, PfN 1)1- m w IA a►= O s i Al2� PI 61 I ( � r Date Name and Title of Officer(e.g.,"Jane oe,Notary Public") p personally appeared C A L. r C A>Z� t N 1\LL\ , Name(s)of Signer(s) .1c personally known to me SS --—�---. r — ^ , I - proved to me on the basis of satisfactory h + PAUL M. WHITE evidence r, 0_• ., COMM.#1174853 • ��e;NOTARY PUBLIC-CALIFORNIA +° 2 ‘,4-,�,y RIVERSIDE COUNTY 0, to be the person(%) whose name(%_) is/aye 4 COMM.EXP.MAR.27,2002 - se se .. .. .. V V subscribed to the within instrument and acknowledged to me that he/she/ttrey executed the same in his/i r/ttz�ir authorized li) capacity(ieJ, and that by his/berr/tIjrajr signature(*,on the instrument the person(*, or the entity upon behalf of which the person( acted, executed the instrument. WITNESS my hand and official seal. ,,,, „,„,1 11,14\tvri,V. ,,‘'', h Place Notary Seal Above Signature of Notary Public OPTIONAL • Though the information below is not required bylaw. it mayA3 9 q prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. (<, Description of Attached Document ✓ Title or Type of Document: • Document Date: Number of Pages: p Signer(s) Other Than Named Above: ') ph Capacity(ies) Claimed by Signer e, ph Signer's Name: RIGHT THUMBPRINT T F f L_ Individual OTop of SIGNERere ., thumbE Corporate Officer—Title(s): r p E Partner—= Limited - General r p E' Attorney in Fact ,') p E Trustee 2- E Guardian or Conservator 6 E Other: pSigner Is Representing: P fig cc �c��c� c u rc �c � �c��rc � ccrcrc �r� ccrc c��� ©1997 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 EXHIBIT "A" NON-EXCLUSIVE EASEMENTS FOR CONSERVATION PURPOSES TO THE STATE OF CALIFORNIA FISH &GAME ACROSS THOSE PORTIONS OF SECTION 6,TOWNSHIP 6 SOUTH, RANGE 6 EAST, AND GOVERNMENT LOTS 8 AND 9 OF SAID SECTION 6, SAN BERNARDINO MERIDIAN, IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA AS SHOWN ON A MAP OF TRACT NO. 25296-1 FILED IN BOOK 277 PAGES 86 THROUGH 97 OF MAPS IN THE COUNTY RECORDERS OFFICE, OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS PARCELS 1 THROUGH 3 AS FOLLOWS: PARCEL 1 BEGINNING AT THE SOUTHEAST CORNER OF GOVERNMENT LOT 9 AS SHOWN ON THE OFFICIAL PLAT THEREOF DATED MARCH 24, 1953; THENCE ALONG THE SOUTHERLY LINE OF SAID GOVERNMENT LOT 9 SOUTH 89°49'40" WEST 392.95 FEET TO A POINT ON A LINE PARALLEL WITH AND 17.00 FEET EASTERLY OF THE EASTERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY 74 AS SHOWN ON SAID TRACT NO. 25296-1; THENCE LEAVING SAID SOUTHERLY LINE AND ALONG SAID PARALLEL LINE NORTH 17°55'43" EAST 198.00 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 1200.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 58°49'31"WEST; THENCE NORTHEASTERLY ALONG SAID CURVE 490.62 FEET THROUGH A CENTRAL ANGLE OF 23°25'32"TO A POINT ON THE EASTERLY LINE OF GOVERNMENT LOT 8, AS SHOWN ON SAID OFFICIAL PLAT; THENCE ALONG SAID EASTERLY LINE OF SAID GOVERNMENT LOTS 8 AND 9 SOUTH 00°02'39"EAST 544.18 FEET TO THE POINT OF BEGINNING. CONTAINING: 3.108 ACRES,MORE OR LESS. PARCEL 2 BEGINNING AT THE CENTER OF SAID SECTION 6, THENCE ALONG THE SOUTH LINE OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 6 SOUTH 89°45'18" WEST 1830.72 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 1200.00 FEET,A RADIAL LINE TO SAID POINT BEARS NORTH 67°09'20" WEST; THENCE LEAVING SAID SOUTH LINE OF SAID NORTHWEST ONE-QUARTER NORTHEASTERLY ALONG SAID CURVE 221.16 FEET THROUGH A CENTRAL ANGLE OF 10°33'34" TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 1200.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 65°41'27"WEST; THENCE NORTHEASTERLY ALONG SAID CURVE 698.56 FEET THROUGH A CENTRAL ANGLE OF 33°21'14"; THENCE NORTH 49°57'53"EAST 36.99 FEET; THENCE NORTH 56°19'24"EAST 45.15 FEET; I:Uobfile2\2201.15\LGLDESC.DOC • THENCE NORTH 69°36'22"EAST 35.32 FEET; THENCE SOUTH 67°51'29"EAST 44.98 FEET; THENCE NORTH 82°45'31"EAST 41.19 FEET; THENCE NORTH 61°33'50"EAST 35.07 FEET; THENCE NORTH 61°33'22"EAST 70.85 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 1200.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 31°43'18"WEST; THENCE NORTHEASTERLY ALONG SAID CURVE 226.51 FEET THROUGH A CENTRAL ANGLE OF 10°48'55"; THENCE NON-TANGENT TO SAID CURVE NORTH 66°38'00"EAST 126.27 FEET; THENCE NORTH 71°42'17"EAST 86.43 FEET; THENCE NORTH 67°37'22"EAST 97.75 FEET; THENCE NORTH 76°48'05"EAST 125.96 FEET; THENCE NORTH 77°11'49"EAST 120.86 FEET; THENCE NORTH 82°35'36" EAST 123.74 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 1200.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 08°11'58"WEST; THENCE EASTERLY ALONG SAID CURVE 840.03 FEET THROUGH A CENTRAL ANGLE OF 40°06'30"; THENCE SOUTH 58°05'28" EAST 274.23 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 1200.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE 213.94 FEET THROUGH A CENTAL ANGLE OF 10°12'54"TO A POINT ON THE NORTHERLY LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN A DEED RECORDED FEBRUARY 8, 1990 AS INSTRUMENT NO. 050588 OF OFFICIAL RECORDS OF SAID RIVERSIDE COUNTY; THENCE ALONG SAID NORTHERLY LINES THE FOLLOWING COURSES: SOUTH 72°09'45" WEST 356.18 FEET, SOUTH 61°46'05" WEST 821.28 FEET AND SOUTH 00°06'15" WEST 152.61 FEET TO THE POINT OF BEGINNING. CONTAINING: 46.132 ACRES,MORE OR LESS. PARCEL 3 COMMENCING AT THE CENTER OF SECTION 6, TOWNSHIP 6 SOUTH, RANGE 6 EAST, SAN BERNARDINO MERIDIAN; I:Uobfile2\2201.15\LGLDESC.DOC THENCE ALONG THE SOUTH LINE OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 6 NORTH 89°44'38" EAST 1139.83 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT ALSO BEING ON THE EAST LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN A DEED RECORDED FEBRUARY 8, 1990 AS INSTRUMENT NO. 050588 OF OFFICIAL RECORDS OF SAID RIVERSIDE COUNTY; THENCE ALONG SAID EAST LINE NORTH 04°00'15" EAST 528.39 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 1200.00 FEET,A RADIAL LINE TO SAID CURVE BEARS NORTH 49°57'29"EAST; THENCE LEAVING SAID EAST LINE SOUTHEASTERLY ALONG SAID CURVE 95.40 FEET THROUGH A CENTRAL ANGLE OF 04°33'18"; THENCE SOUTH 35°29'13"EAST 125.62 FEET; THENCE SOUTH 43°50'54"EAST 14.06 FEET; THENCE SOUTH 43°32'53" EAST 85.44 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 1200.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE 339.22 FEET THROUGH A CENTRAL ANGLE OF 16°11'47" TO A POINT ON SAID SOUTH LINE OF THE NORTHEAST ONE-QUARTER OF SECTION 6; THENCE ALONG SAID SOUTH LINE OF SAID NORTHEAST ONE-QUARTER SOUTH 89°44'38" WEST 432.93 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING: 2.726 ACRES,MORE OR LESS. ALL AS SHOWN ON EXHIBIT B, B-1, B-2 AND B-3 ATTACHED HERETO AND BY REFERENCE MADE A PART HEREOF. PREPARED UNDER THE SUPERVISION OF: -------__ i/l' - 5- .,✓1 Ml crl / /5' RONALD P. SHELDON, R.C.E. 32180 DATE LICENSE EXPIRES DEC. 31, 2000 Q,ckpFESS 04/4 &,>),teau/S4 4 °c No. 32180 * Exp /2/30 ` F0FOJj 1:Uobfile2\2201.15\LGLDESC.DOC EXHIBIT nBn SKETCH TO ACCOMPANY LEGAL DESCRIPTION FOR PARCELS 1 -3. 0 600' 1200' 2400' 3600' GRAPHIC SCALE: 1"=1200' I 1 36J f3 - - 31132 1 I I I I 1 I Ltd I LLt I I to Ito I I Q I TENTATIVE TRACT �s� I NO. 25296 > � 363JLU I F= .-4,:c to_ - - -� — — _ 7 S 3J32 — RACT.E:. UJ F— I 25296_4 > LL ; fig. 9� .......: .................... .. . F=rN c. • U U 11 hi . " . TENTATIVE TRACT co 2 NO. 25296 w O ~ PARCEL 2 �z 1 • (SEE SHEET 3 OFF 4) 1-_�U • Q BIGHORN INSTITUTE 1 3r a_ PROPERTY PARCEL 1 LEGEND (SEE SHEET 2 OF 4) J I J ———— INDICATES SECTION LINE(S) AS SHOWN ON PARCEL 3 TRACT NO. 25296-1, M.B. 277/86-97. (SEE SHEET 4 OF 4) soFES$/� INDICATES BOUNDARY LINES OF TRACT N NO. 25296-1, M.B. 277/86-97. ���,?au/sh�l��c INDICATES BOUNDARY LINES OF SAID CONSERVATION EASEMENTS, DESCRIBED HEREIN. C Se-},_,........!4", rr, INDICATES BOUNDARY OF TENTATIVE TRACT N0. 32180 2; !2 '; NO. 25296 AS APPROVED BY THE CITY OF \* Up ��' / PALM DESERT ON JUNE 26, 1997. \J'/ C/Vll. .�� INDICATES BOUNDARY OF TENTATIVE TRACT NO. 28575 AS APPROVED BY THE CITY OF 9\f CAl_�E��" PALM DESERT ON JUNE 26, 1997. SHEET 1 OF 4 CAMARILLO (805) 38a-2344 ASL Consulting Engineers IRVINE 714 727-7099 PREPARED UNDER THE DIRECTION OF PALM SPRINGS 760 320-4220 3001 EAST TAHQUITZ CNYN. WY., #200, PASADENA 818 683-0066 ---y_,_,. i1 S p, /%7 PALM SPRINGS, CA 92262-6901 SAN BERNARDINO 909 381-3666 RONALD P. SHELDON, RCE 32180 DATE SAN DIEGO (619) 673-5505 LICENSE EXPIRES 12/31/2000 N:\2201\(WA\SURVEY\9M1-E%.OWG MARCH 4, 1999 EXHIBIT "B—in SKETCH TO ACCOMPANY LEGAL DESCRIPTION FOR PARCEL 1 . 0 50 100 200 300 EMME� rF?AC r N\JJ_. 5296 J GRAPHIC SCALE: 1 "=100'immommill MB, )7//336-D7 / / / / - NE. COR. / 50, 100' / ,l , GOV'T. LOT 8 50• f N35'23'59"W jRRI aL, ice- \ < <� l)i �1 1 k // / I ' '\' ,k Lii / / (P• V/ d °po, LLBA-1- / / / /; 4 7 P'' / / Z �h o o i �A P �� /iui z PARCEL 1 ,c�� << '�� 3.108 Ac e / / t/� \�N58'49'31"W , RI 1 l, C) / /ham ,sc / z o G L. D QROEESS10Nq cD of: 7 No. 32 80 �' SE. COR. * Exp / zyv8A. GOV'T. LOT 9. N 89'49'40" E 392.95' (14/.1- 91 OM. c,0' F OF COY SHEET 2 OF 4 CAMARILLO 805 388-2344 ASL Consulting Engineers IRVINE 714 721-7099 PREPARED UNDER THE DIRECTION OF PALM SPRINGS 760 320-4220 3001 EAST TAHOUITZ CNYN. WY., #200, PASADENA 818 683-0066 ��//2�_ < ,,.,.1-x 9y PALM SPRINGS, CA 92262-6901 SAN BERNARDINO 909 381-3666 RONALD P. SHELDON, RCE 32180 DATE SAN DIEGO 619 673-5505 LICENSE EXPIRES 12/31/2000 M.\]70I\DATA\SURVEY\9H1-E%1,DWG .ARCH ♦, 1999 EXHIBIT "B-2 n SKETCH TO ACCOMPANY LEGAL DESCRIPTION FOR PARCEL 2. 0' 250' 500' 1000' 1500' GRAPHIC SCALE: 1 "= 0 50 ' NO 252D6 l 3'S fr�C \fl.J �I 277/B 6--97 I �I J O I !7 I l+J V ,7,I 1 J� ZI vl �,I 4, z� Z1 C3 rI • fI of < � Zl �I °I �� s �° i IlL L13 C49 Z/ ZI � � '�Voi � L12 �10 Z � c J S' C8 / 01 PARCEL 2 R. N65'41'27"W1R� 46.132 Ac `� �5058a0 �N56'35 46"W(R) NC 2/51 I v • r\. N67'09'20"(R2 \Nco SS REC � L1 P. O. B. _ _ N89'45`18"E i/ 2537.27' N89.44'38"E 1139.83' S. LINE OF CEN. SEC. 6 NW 1/4, SEC. 6 T.6S., R.6E. LINE TABLE INSTJrLrr. PF?OPEN? rY LINE BEARING LENGTH CURVE TABLE LI N89'45'18"E 1830.72' CURVE DELTA RADIUS LENGTH L2 N61'33'50"E 35.07' Cl 33'21'14" 1200.00' 698.56' L3 N67'51'29"W 44.98' C2 10'33'34" 1200.00' 221.16' L4 N69'36'22"E 35.32' C3 40'06'30" 1200.00' 840.03' L5 N56'19'24"E 45.15' C4 10'48'55" 1200.00' 226.51' L6 N49'57'53"E 36.99' C5 10'12'54" 1200.00' 213.94' L7 N82'45'31"E 41.19' L8 N61'33'22"E 70.85' L9 N76'48'05"E 125.96' szwESS10N4 L10 N67'37'22"E 97.75' ��<., A ?aids /,e. L 1 1 N71'42'1 7"E 86.43' L12 N66'38'00"E 126.27' `', ii Cs; y L13 N77'11'49"E 120.86' I� No. 32180 L14 N82'35'36"E 123.74' 1 . Exp. i 2/4//2 * L 15 N61'46'05"E 821.28' L16 N00'06'15"E 152.61' Jf CIVIC ��\� L17 N72.09'45"E 356.18' "lit OF CA1�F0 L18 N58'05'28"W 274.23' SHEET 3 OF 4 CAMARILLO 805 388-2344 ASL Consulting Engineers IRVINE 714 727-7099 PREPARED UNDER THE DIRECTION OF PALM SPRINGS 760 320-4220 3001 EAST TAHQUITZ CNYN. WY., #200, PASADENA 818 683-0066 -r7-- --s.-•, S"f"f. S PALM SPRINGS, CA 92262-6901 SAN BERNARDINO 909 381-3666 RONALD P. SHELDON, RCE 32180 DATE SAN DIEGO 619 673-5505 LICENSE EXPIRES 12/31/2000 N\220,\DATA\suRv[Y\Br._Ex2DWG uARCN t. i999 . . . - EXHIBIT "B-3" SKETCH TO ACCOMPANY LEGAL DESCRIPTION FOR PARCEL 3. 1 0 50 100 200 300 I I N49'57'29"E(R) IIIIIIN - GRAPHIC SCALE: 1 "=100' o vp LINE TABLE LINE BEARING LENGTH L1 N89'44'38"E 432.93' L2 N04'00'15"E 528.39' L3 N43'32'53"W 85.44' ( ✓s. L4 N35'29'13"W 125.62' \<,/ , L5 N43'50'54'W 14.06' ,/` O / cd CO `. o TVs o0 ' Z cv d `^. ___I /` Z ✓'/L/ p o N PARCEL 3 `�^ ? 2.726 Ac 0' •W W 7R rAC r NO. 25296 I �� --I M\M B, 277/e F3-97 wl -1 CEN. SEC. 6 (Q I ZJ N89'44'38"E L1 / 1139.83' _1,_ - P. O.C. T, P,O, B, S. LINE, NE 1/4, SEC. 6 r- PROPERTY r rrr \ FSS10/yq/ INS i fu rr PRO r� rt / aQaur S,,P 4 CURVE TABLE 7,,,,,-7,; =' /' 75 CURVE DELTA RADIUS LENGTH `5 No. 3' ' iIt- Cl34L- 16'11'47" 1200.00' 339.22' ,K Exp Q C2 04'33'18" 1200.00' 95.40' CfV\\ SHEET4OFa `�rgJEOFM\-\\� CAMARILLO 805) 388-2344 ASL Consulting Engineers IRVINE 714 727-7099 PREPARED UNDER THE DIRECTION OF PALM SPRINGS 760 320-4220 3001 EAST TAHOUITZ CNYN. WY., #200, PASADENA 818 683-0066 .---,----z-f'.G'- 5' r1 i y?�j PALM SPRINGS, CA 92262-6901 SAN BERNARDINO 909) 381-3666 RONALD P. SHELDON, RCE 32180 DATE SAN DIEGO (619) 673-5505 LICENSE EXPIRES 12/31/2000 N:\2201\DAtA\SuRVEV\8. -EX3 OWG MANCN 4. 1999