HomeMy WebLinkAboutMAINPLACE SHOPPINGTOWN, LLC (2)MWAN1111401101111011 4.
10 1 ALB► ;__gW1;191 u:l
TO:
City of Santa Ana
—Planning and Building Agency, M-20
20 Civic Center Plaza
PO Box 1988
Santa Ana, CA 92702
Return FULLY EXECUTED
COPY to COTC, M-30
Wt :� ' It
1' '1r:;c
CITY OF SAN
PROPERTY MAINTENANCE AGREEMENT
2018-04, DEVELOPMENT AGREEMENT N
MAP NO.2018-01 FOR THE PROPERTY LOi
(Space above Line for Use by Recorder)
it is exempt from the
rding fee pursuant to
Code Section 27383
N-2021-221
LTION NO.
PARCEL
N STREET
This PROPERTY MAINTENANCE AGREEMENT (the "Agreement"), is effective
upon the date of recordation of the Agreement (the "Effective Date"), and is entered into by and
between the City of Santa Ana, a municipal corporation (the "City") and MAINPLACE
SHOPPINGTOWN, LLC, and/or any assigned responsible party, including, but not limited to
lessor(s), lessee(s), ground -lease holders, etc. (the "Owner"). The capitalized term "Parties" shall
be a collective reference to both City and Owner. The capitalized term "Party" shall refer to either
City or Owner interchangeably as appropriate.
RECITALS
WHEREAS, Owner seeks to develop the real property located at 2800 North Main Street,
in Santa Ana, CA, which is more particularly described in the legal description attached hereto as
Attachment "A" and incorporated herein (the "Property");
WHEREAS, on or about June 4, 2019 and June 18, 2019, City approved Amendment
Application No. 2018- 04 to establish the MainPlace Specific Plan No. 4, Tentative Parcel Map
No 2018-01, and Development Agreement No. 2018-02 to facilitate the redevelopment of the
existing MainPlace Mall into a mixed -use urban village with commercial, office, hotel, and
residential uses ("Development" or "Project");
WHEREAS, this Agreement pertains to the Project described in the second recital, above;
WHEREAS, the Parties seek to enter into this Agreement to ensure the proper compliance
with project approval conditions, operational restrictions, maintenance, and upkeep of the
Property, improvements, and permitted uses.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES AND
COVENANTS CONTAINED HEREIN, THE CITY AND OWNER AGREE AS FOLLOWS:
SECTION 1. RECITALS. The Recitals above are true and correct and incorporated into
the body of this Agreement by this reference.
SECTION 2. COMPLIANCE WITH APPROVED DEVELOPMENT PLANS AND
CITY CONDITIONS. This Agreement fulfills the requirement set forth in City Council
Resolution 2019-041, Condition No. 14. Owner accepts and shall fulfill all conditions of approval
set forth in City Council Resolution 2019-041. The Project shall substantially conform with the
Development Project Application and the plans contained therein, which are on file with the City
Planning and Building Agency.
SECTION 3. PROPERTY MAINTENANCE ENFORCEMENT BY THE CITY OF
SANTA ANA.
A. Ongoing Operational/Maintenance Conditions. Owner, on behalf of itself, its
successors and assigns and any owner of the Property, hereby agrees to maintain and repair the
Following elements of the Property and the Project:
1. The commercial portions of the Property shall be maintained in conformance with the
standards generally applicable to comparable retail/commercial businesses located within
the City. Residential development on the Property shall be maintained in conformance with
the standards generally applicable to comparable multifamily housing within the City. The
Development shall comply with applicable operational conditions of the MainPlace
Specific Plan (SP=4) and Santa Ana Municipal Code (SAMC) during any period(s) of
construction or major repair (e.g., proper screening and securing of the construction site;
implementation of proper erosion control, dust control and noise mitigation measure, etc.).
2. The Development shall comply with ongoing operational conditions, requirements and
restrictions, as applicable (including but not limited to hours of operation, security
requirements, the proper storage and disposal of trash and debris, and/or restrictions on
certain uses), including all standards set forth in the MainPlace Specific Plan (SP-4), and
shall comply with applicable State and/or federal statutes and regulations, including but
not limited to statutes and regulations regarding the appropriate operating guidelines for
certain equipment (e.g., emissions standards, radio frequency emissions standards etc.).
3. As required by MainPlace Specific Plan (SP-4), Section 3.1.5(B), all onsite activities shall
comply with the City of Santa Ana Noise Ordinance, as applicable, at all times.
4. The Property shall be in ongoing compliance with the approved design and construction
parameters, signage parameters and restrictions as well as landscape designs, as applicable.
5. Ongoing maintenance, repair and upkeep of the Property and all improvements located
thereupon shall be provided by the Owner (including but not limited to controls on the
proliferation of trash and debris about the Property; the proper and tirnely removal of
graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or
weathered buildings, structures and/or improvements; the timely maintenance, repair and
upkeep of exterior paint, parking striping, pedestrian pathways/open space areas, lighting
and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom
fixtures, landscaping and related landscape improvements and the like, as applicable).
6. The surface of the driveways, fire lanes, vehicle parking areas, parkways (curb to back
of sidewalk) and sidewalks adjacent to the Property shall be maintained in a good and
serviceable condition by the Owner, and shall be kept free of weeds, trash, or other
debris.
2
7. The removal of solid waste, trash, or other debris from the Property shall be undertaken by
a duly franchised solid waste hauler authorized to provide such services to commercial
properties in the City.
8. The outdoor trash storage enclosure shall screen all trash containers from view,
consistent with MainPlace Specific Plan (SP-4) Section 3.1.5(D).
9. Landscaping shall be provided in accordance with the MainPlace Specific Plan (SP-4)
Landscape Standards and shall be continuously maintained by Owner as per approved
landscape plans in a good condition.
10. Lighting shall be provided in all parking areas, vehicular access ways, and along major
walkways, in accordance with the MainPlace Specific Plan (SP-4) Section 4.5.4 and
approved by the Planning and Building Divisions.
11. Exterior surfaces of buildings and all other structures, fixtures, or other improvements
located on the Property shall be kept free and clear of graffiti. Graffiti shall be removed
within 48 hours following the time of its discovery. Graffiti shall be removed by either
painting over the evidence of such graffiti with a paint that has been color matched to
the surface to which it is applied or graffiti may be removed with solvents or
detergents, as applicable. A failure by Owner to remove graffiti within 48 hours
following its discovery on any structure, fixture or other improvement located on the
Property shall be deemed to be a Maintenance Deficiency as defined below in Section
3(E).
12. Parking shall be provided consistent with MainPlace Specific Plan (SP-4) Section 2.6.3
and all vehicle parking areas shall be maintained in a good condition to facilitate the
efficient loading and unloading of delivery truck areas (limited to areas immediately
adjacent to buildings). Owner shall satisfy all requirements of the Americans with
Disabilities Act that pertain to parking.
13. Any abandoned vehicle on the Property shall be promptly removed.
14. All onsite parking spaces shall be accessible and free of obstructions and can only be used
for parking of operable vehicles at all times.
15. The idling of vehicles, including delivery vehicles, is prohibited within the Property or
adjacent streets. For purposes of this Agreement, "idling" refers to the running of a
vehicle's (including those used for incoming and outgoing deliveries) engine when such
vehicle is not in motion for more than five (5) minutes, including when such vehicle is
parked on the Property or otherwise stationary with the engine running.
16. All operations of any preapproved mechanical equipment shall be conducted within a
building and all openings to such building shall be maintained in a closed position during
the usage of such mechanical equipment usage.
17.Owner shall maintain the private on -site water system, including all domestic,
landscape/irrigation, and fire pipelines, laterals, and backflow preventers located on site up
to the point of connection with the City water meter within City right-of-way or City water
easements, as shown on Parcel Map 2018-01. Owner shall prepare and implement a routine
on -site private water line system maintenance program to ensure all pipe lines and
backflow preventers are operational and maintained at all times. This program shall be a
written document and made available for review by the City upon request. Backflow
preventers shall be tested on an annual basis by a person or company certified by Orange
County Health Care Agency, Division of Environmental Health, as required by California
Administration Code Title 17, Chapter V, Sections 7583-7622 and the City's Municipal
Code.
18. Owner shall maintain all storm drain and water quality improvements located, including
on the Property in accordance with the requirements of the approved Water Quality
Management Plan (WQMP).
19. A Sanitary Sewer System Overflow ("SSO") is the discharge of raw sewage from any
sewer collection facility (pipeline, lateral and/or manhole). Owner shall take proactive
measures to prevent SSOs discharging from the private sewer collection facilities
maintained by the Owner. Owner shall prepare and implement an SSO emergency response
plan that includes procedures to contain, correct and clean a sewer spill, which shall include
notification to the City and the County Health Care Agency when an SSO occurs. Owner
shall furnish the City with a 24-hour emergency contact phone number. Owner shall also
prepare a routine on -site private sanitary sewer collection system maintenance program to
ensure all pipelines, laterals and manholes are properly cleaned and maintained at all times.
The SSO emergency response plan and collection system maintenance program documents
shall be made available for inspection by the City upon request.
20. Owner shall prepare and implement a routine on -site private sanitary sewer collection
system maintenance program to ensure all pipelines, laterals and manholes located on -site
and off -site up to the point of connection to a public sewer main are properly cleaned and
maintained at all times. This program shall be a written document and made available for
review by the City upon request.
B. Owner Confers to City Right to Conduct Maintenance and Repairs Owner on behalf
of itself, its successors and assigns hereby confers upon the City the right but not the obligation to
conduct maintenance and repairs on the Property as required in Section 3(A) of this Agreement,
subject to the conditions set forth herein. Such powers are conferred by Owner on the City for the
benefit of the City to provide for the health, safety and welfare of all persons who use the Project
or any portion thereof and other persons who reside in the vicinity of the Project and the entire
City.
C. City Right to Enforce. The right and power of the City to enforce the maintenance,
repair and replacement obligations of Owner shall not be deemed to arise by virtue of this Section
3 alone. Any provision of this Agreement to the contrary notwithstanding, the City may, by public
nuisance abatement proceeding, and/or by the initiation of an action at law or in equity,
notwithstanding this Section 3, enforce the law as relates to the abatement or elimination of a
public nuisance at the Property or enforce any provision or conditions of approval of a building or
development permit issued for the Property by the City. It shall be presumed that the City is
proceeding under the general municipal policy powers reserved to the City under this Section 3 (C)
if the City issues a written notice of "Maintenance Deficiency" as this tern is defined in Section
3(D) of this Agreement.
D. Notice of Maintenance Deficiencies. Upon any failure by Owner to perform any of the
maintenance and repair obligations referenced in Section 3 (A) (such failure hereinafter referred to
as a "Maintenance Deficiency"), the City shall issue written notice of such Maintenance
Deficiency to Owner.
C!
E. Maintenance Deficiencies. Owner shall comply with any issuance of a Notice of
Maintenance Deficiency within the timeframe specified by the Code Enforcement Division to cure
the Maintenance Deficiency identified in such Notice. Within the timeframe specified by the Code
Enforcement Division in the notice of a Maintenance Deficiency, Owner may submit a written
request to the City seeking additional time to cure the Maintenance Deficiency. Each such written
request for additional time shall describe and specify in detail (i) which tasks require additional
time to complete the cure of the Maintenance Deficiency and the reason why such additional time
is needed under the circumstances; (ii) what steps Owner have already taken to commence the cure
of the Maintenance Deficiency. The City, in its reasonable discretion, may grant, conditionally
grant or deny any written request for additional time as determined by the Code Enforcement
Manager. The City shall be under no obligation to consider untimely submitted time extension
requests or requests which fail to provide any of the information required above.
F. City May Cure Maintenance Deficiency,
1. In the event Owner fails to cure a Maintenance Deficiency within the time allowed,
the City may initiate a public hearing pursuant to Section 41-651 of the Santa Ana
Municipal Code. At such a public hearing the City shall consider such evidence and
testimony of interested persons as. may be relevant to the matter. If upon the
conclusion of a public hearing, the City makes a written finding that a Maintenance
Deficiency exists and that there appears to be non-compliance with the maintenance
and repair obligations referenced in Section 3(A) of this Agreement, the City shall
have the right to record the notice described in Section 3(H) of this Agreement and
thereafter the City may enter upon or otherwise access the Property for the purpose
of curing the Maintenance Deficiency without further notice to Owner.
2. The foregoing notwithstanding, the City, after notice to Owner, shall have the
immediate right to enter the Property and remove graffiti, solid waste, trash, or
other debris under the following two circumstances: (i) a failure by Owner to
remove graffiti within 48 hours following its discovery on any structure, fixture or
other improvement located on the Property that is visible from an adjacent or
contiguous public right-of-way; or (ii) a failure by Owner to remove the
accumulation of solid waste, trash, or other debris that is visible for a duration of
48 hours from an adjacent or contiguous public right-of-way or from a designated
fire lane on the Property. Any sum expended by the City for the removal of graffiti,
solid waste, trash, or other debris pursuant to this Section 3(F)(2) of the Agreement
shall become a lien on the Property in accordance with Section 3(G) and the City
shall have the right to enforce such lien in the manner provided in Section 3(H).
G. Citv's Lien Authority. Any sums expended by the City in enforcing, maintaining,
repairing or replacing, curing any element of the Property as authorized in Section 3 for which a
Maintenance Deficiency has been declared by the City to exist under Section 3(F), shall become a
lien on that portion of the Property for which a Maintenance Deficiency has been declared. The
powers conferred upon City pursuant to this Section 3(G) are in addition to all other remedies
which the City may have to enforce this Agreement, or any building or development project permit
under other law including public nuisance abatement proceedings or any other action at law or
equity.
H. Enforcement of Liens by the City.
5
1. The rights conferred upon the City by Owner under Section 3 of this Agreement
expressly include the power to establish and enforce a lien or other encumbrances
against that portion of the Property for which a Maintenance Deficiency has been
declared, subject to all then existing other liens and encumbrances on the Property,
in an amount reasonably necessary to reimburse the City for its reasonable costs of
the necessary and reasonable costs incurred by the City under Section 3(F) to
restore the Property and the Project to the maintenance standard required under this
Section 3. If the amount of any such lien as relates to a Maintenance Deficiency
is not paid within thirty (30) calendar days after written notice by the City to Owner,
demanding such payment, the City shall have the right to enforce its lien in
accordance with the statutory authority referenced under this Section 3(H)(1). The
prevailing party in a collection or other lien enforcement action authorized by this
Section 3(H) shall also have the right to collect its reasonable attorney's fees, costs
and expenses associated with any action or proceeding to enforce or defend its
rights hereunder.
2. In the event that the City makes a written finding that a Maintenance Deficiency
exists on the Project as provided in Section 3(F), then in addition its lien powers
under Section 3(H)(1), the City may record a notice of correction of Maintenance
Deficiency against the that portion of the Property on which the Maintenance
Deficiency exists. Such a notice of Maintenance Deficiency shall refer to Section
3(F) of the Agreement, be signed by the Executive Director of the Planning and
Building Agency, and shall have a duration following the date of its recordation
until such date the Maintenance Deficiency is corrected.
I. No approval by Owner shall be necessary for the City to establish and foreclose a lien
for non-payment of amounts expended by the City to cure a Maintenance Deficiency under Section
3 of this Agreement. No failure by the City to enforce any default pertaining to the maintenance,
repair or replacement of any element of the Property or the Project under Section 3 shall be deemed
to be a waiver of the right or power of the City to enforce any subsequent default thereof by Owner.
J. Priority of City Ordinances and Other Laws. Notwithstanding any provision in this
Agreement to the contrary, the approval and acceptance of this Agreement by the City shall not be
deemed a waiver or release of any applicable provision of any building permit or other
development project permit issued by the City for the improvement of the Project on the Property,
or of any other applicable ordinance or law or the general police power of the City. In the event
of any conflict or inconsistency between any provision hereof and any ordinance, law, or the
general police power of the City, the latter shall prevail.
SECTION 4. TERMINATION of AGREEMENT. This Agreement shall terminate and
be of no further force or effect upon the mutual written termination of this Agreement by Owner
and City.
SECTION 5. LEGAL ADVICE. Each Party represents and warrants to the other the
following: they have carefully read this Agreement, and in signing this Agreement, they do so with
full knowledge of any right which they may have; they have received independent legal advice
from their respective legal counsel as to the matters set forth in this Agreement; and they have
freely signed this Agreement without any reliance upon any agreement, promise, statement, or
representation by or on behalf of the other Party, or in their respective agents, employees or
attorneys, except as specifically set forth in this Agreement, and without duress or coercion,
whether economic or otherwise.
SECTION 6. REPRESENTATION AND WARRANTIES OF OWNER.
Owner represents and warrants for the benefit and reliance for the City as follows:
A. Owner is a Delaware limited liability company authorized to conduct business in
California and is authorized to carry on its business being conducted as contemplated in this
Agreement;
B. Owner has the power and authority to enter into this Agreement;
C. This Agreement shall be a legal, valid and binding obligation of Owner, enforceable
against Owner and its successors and assigns in interest in the Property, and each portion thereof,
in accordance with its terms, subject to bankruptcy and other equitable principles.
SECTION 7. COVENANT OF OWNER. Owner declares that the Project and the
Property shall be held, conveyed, leased, used, and improved subject to the provisions of this
Agreement and this Agreement is expressly declared to be for the benefit of the Project and the
Property and the abutting public rights -of -way. The Property maintenance covenants of Owner in
favor of the City which arise under this Agreement shall run with and burden the Property and
shall be binding upon all persons having or acquiring any right or title in the Property, including
any leasehold interest, or any part thereof, and the successors and assigns of each of them. In the
event Owner sells, transfers, or assigns its interest in the Property, or any portion thereof, Owner
shall be released from its obligations under this Agreement, with respect to the property sold,
transferred or assigned, from and after the date of such sale, transfer, or assignment.
SECTION 8. TIME OF THE ESSENCE; TERM OF AGREEMENT. Time is expressly
made of the essence with respect to the performance by City and Owner of each and every
obligation and condition of this Agreement.
SECTION 9. ATTORNEY'S FEES. In addition to any other remedies provided herein
or available under applicable laws, if either Party to this Agreement commences an action against
the other Party arising out of, or in connection with this Agreement, the prevailing Party shall be
entitled to recover from the losing Party its costs of suit, including, but not limited to, its reasonable
attorney's fees, expert witness fees, and costs of investigation.
SECTION 10. INTEGRATION. This Agreement contains the entire understanding
between the Parties with respect to the subject matter of this Agreement, except as otherwise
provided. Notwithstanding this Section 10, nothing in this Agreement is intended to modify the
terms of the Development Agreement 2018-02 between the City and Owner, and Development
Agreement 2018-02 shall prevail in the event of any inconsistency with this Agreement.
SECTION 11. SEVERABILITY. If any portion of this Agreement is declared invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions
shall continue in full force and effect.
SECTION 12. AMENDMENT. No amendment, modification or supplement of this
Agreement shall be valid or binding unless executed in writing and signed by both Parties, subject
to City approval. The requirement for written amendments, modifications or supplements cannot
be waived and any attempted waiver shall be void and invalid.
SECTION 13. NOTICES. All notices permitted or required under this Agreement shall be
given to the respective Parties at the following addresses, or at such other address as the respective
Parties may provide in writing for this purpose:
OWNER:
Centennial
8750 N. Central Expressway, Suite 1740
Dallas, TX 75231
Attn: Development
Copies to:
MainPlace Mall
2800 N. Main Street, Suite 775
Santa Ana, CA 92705
Attn: General Manager
Peter J. Howell
Rutan & Tucker, LLP
18575 Jamboree Road, 9t" Floor
Irvine, California 92612
CITY:
City of Santa Ana
Planning and Building Agency, M-20
PO Box 1988
Santa Ana, CA 92702
(714)647-5804
PlanningDepartment@santa-ana.org
SECTION 14. COUNTERPARTS. This Agreement shall be executed in three (3) original
counterparts each of which shall be of equal force and effect. One fully executed original
counterpart shall be delivered to Owner and the remaining two original counterparts shall be
retained by the City.
[SIGNATURES APPEAR ON THE FOLLOWING PAGE]
N-2021-221
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as evidenced
by the signatures of the authorized officers of each of them.
CITY
City of Santa Ana, a
municipal corporation
By: —(
Kristine Ridge
City Manager
Daisy Gomez
Clerk of the Council
111VATAQ1 �17
MAINPLACE SHOPPINGTOWN, LLC, a Delaware
limited liability company
By: US Centennial Malls JV, LLC,
a Delaware limited liability company,
its Sole Member
By: Centennial/USEF Manager, LLC,
a Delaware
its Manama
Levin
[NOTARIZED SIGNATURES REQUIRED]
company,
A Notary Public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
State of California
County of Orange
On , before me,
(insert name and title of the officer)
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 and official seal.
(Seal)
A Notary Public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
State of California
County of Orange
On before me,
(insert name and title of the officer)
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 and official seal.
(Seal)
A Notary Public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
State of California )
County of Orange )
Jennise; J. DeWitt, Notaeyt�ablit
On before me,
`` � (ins-ert n e and title of the officer)
Notary Public. personally anoeared tS� G V Q 11 -M In
who proved to me on the basis of satisfactory evidence to be the person(s) whose names) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signatur
= JENNIFEBJ.WITT
COM9M. #22
Pb•
ry 8483 z
ifornla a
OCorange
Co sy e
. 20 2M
11
Attachment "A"
Legal Description of the Property
THAT PORTION OF PARCELS 1, 2 AND 8 OF PARCEL MAP NO.99-152, IN THE CITY OF SANTA ANA,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 328, PAGES 36 THROUGH 42
OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING ATTHE MOST SOUTHERLY CORNER OF SAID PARCEL 8, THENCE ALONG THE SOUTHERLY
LINE THEREOF, NORTH 88°15'03" WEST 65.85 FEETTO THE TRUE POINT OF BEGINNING;
THENCE LEAVING SAID SOUTHERLY LINE, NORTH 01°01'32" EAST 248.38 FEET TO THE BEGINNING OF A
25.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY;
THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE AN ARC LENGTH OF 39.11 FEET THROUGH A
CENTRAL ANGLE OF 89°37'46";
THENCE NORTH 88°36'14" WEST 39.29 FEET TO THE BEGINNING OF A 97.00 FOOT RADIUS CURVE
CONCAVE NORTHEASTERLY;
THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE AN ARC LENGTH OF 75.62 FEETTHROUGH A
CENTRAL ANGLE OF 44°39'56";
THENCE NORTH 43056'19" WEST 155.87 FEET
THENCE SOUTH 46°03'41" WEST 75.77 FEET;
THENCE SOUTH 62°46'55" WEST 215.00 FEET TO THE SOUTHWESTERLY LINE OF SAID PARCEL 2;
THENCE ALONG SAID SOUTHWESTERLY LINE SOUTH 26050'45" EAST 180.45 FEET TO THE BEGINNING OF
A 210.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY;
THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE AN ARC LENGTH OF 225.06 FEETTHROUGH A
CENTRAL ANGLE OF 61°24'18";
THENCE SOUTH 88°15'03" EAST 201.24 FEETTO AN ANGLE POINT IN THE SOUTHERLY LINE OF SAID
PARCELI;
THENCE CONTINUING ALONG SAID SOUTHERLY LINE, NORTH 04°52'33" EAST 17.03 FEET;
THENCE SOUTH 88°15'03" EAST 15.58 FEET TO THE TRUE POINT OF BEGINNING.
SAID LAND IS ALSO DESCRIBED AS PARCEL 1 OF THAT CERTAIN LOT LINE ADJUSTMENT NO. 2020-01
RECORDED MARCH 4, 2021 AS INSTRUMENT NO. 2021000151698 OF OFFICIAL RECORDS.
12