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Home My WebLink AboutORD 246 1998 0819ORDINANCE NO. 246 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, ADOPTING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF MOORPARK AND HIDDEN CREEK RANCH PARTNERS (MESSENGER INVESTMENT COMPANY) RELATED TO THE DEVELOPMENT OF SPECIFIC PLAN NO. 8: HIDDEN CREEK RANCH. Whereas, at a duly noticed public hearing on October 1, 1997, continued public hearings on October 8, 22, November 12, and December 3, 10, 1997, January 7, 21, March 25, April 1, May 6, 20, 27, June 3, 10, 17, July 1 and 15, 1998, the City Council considered the application filed by Hidden Creek Ranch Partners, L.P., also known as Messenger Investment Company, for the Hidden Creek Ranch Specific Plan Project, consisting of Specific Plan No. 8 /Specific Plan 93 -1, General Plan Amendment 93 -1, and Zone Change 93 -3, for an approximately 4323 acre site located within the City of Moorpark Area of Interest in Ventura County contiguous to the City northerly boundary near Moorpark College and the Campus Park and Varsity Park residential areas, and easterly and southerly of Happy Camp Canyon Regional Park and incorporating more or less Assessor Parcel Numbers: 500- 0120 -035, -55, -065; 500 -0- 170 -135, -205, -255, -285, -295, -305, -315, -325, -335, -345, -355, -365, -375; 500- 0- 180 -045, -055, -075, -105, -115; 500 -0- 281 -035, -045, -165, -175, -185, -195, -205, -215; 500 -0- 292 -065, -135, -145; 615 -0- 110 -205, -215; and, 615 -0- 150 -185; and, Whereas, the Planning Commission of the City of Moorpark did adopt Resolution PC -98- 354 recommending approval of the proposed Development Agreement between the City and Hidden Creek Ranch Partners, if the Specific Plan is approved; and, Whereas, The City Council on January 21, 1998, adopted Resolution 98 -1425 to certify a Final Environmental Impact Report (EIR) for the Hidden Creek Ranch Specific Plan and related applications as having been completed in accordance with the California Environmental Quality Act (CEQA), the CEQA Guidelines, and the City's CEQA procedures and meeting all findings required by CEQA; The City Council of the City of Moorpark, California, ordains as follows: Section 1. Findings: (1) Government Code Section 65864 of the State Planning and Zoning Law provides that cities may enter into development agreements with persons having equitable interest in real property for development of that property. (2) The owners of the Hidden Creek Ranch Specific Plan, Hidden Creek Ranch Partners, have applied to the City of Moorpark to seek a development agreement between the city and said owners pursuant to Chapter 15.40 of the Moorpark Municipal Code. Ordinance No. 246 Page 2 (3) The Planning Commission of the City of Moorpark at a duly noticed public hearing on June 8, 1998 and continued to June 15, 1998, has reviewed the Development Agreement, at the request of the City Council, and has made recommendations in Resolution PC -98 -354 to the City Council pertaining to the approval of the Agreement. (4) The City Council has received Planning Commission Resolution PC -98 -354 and has considered the Planning Commission evaluation and recommendations for approval of a development agreement between the City and Hidden Creek Ranch Partners. (5) A duly noticed public hearing was conducted by the City Council on June 17, 1998 to consider the development agreement and to accept public testimony related thereto and was continued to July 1, 15, and August 5, 1998. (6) The City Council has considered all points of public testimony relevant to the development agreement and has given careful consideration to the content of the development agreement. (7) The development agreement is consistent with the General Plan. (8) A Specific Plan has been prepared for the property consistent with State Planning and Zoning Law and contains descriptions and boundaries of development units, facilities proposed, circulation, open space, design standards and zoning standards for the project area. (9) The development agreement addresses the period of development, public facilities and infrastructure development and financing for these improvements and sets forth reasonable mitigation fees to defer the cost of development to minimize impacts to the city. (10) That all of the issues raised at the public hearings and in correspondence and other supplemental information provided to Council have been considered, and the City Council further finds that the Hidden Creek Ranch Specific Plan Project Environmental Impact Report (EIR) adequately addresses all issues raised and no new significant environmental impact has been identified nor has there been identified any feasible project alternative or mitigation measure considerably different from others previously analyzed which would clearly lessen the environmental impacts of the project. The City Council further finds that the analysis within the previously prepared project EIR for the Hidden Creek Ranch Specific Plan adequately analyzes and addresses issues and impacts related to adoption of the development agreement for the project. All additional correspondence received to this time shall hereby be directed to be incorporated as an additional appendix to Volume VI of the EIR. Ordinance No. 246 Page 3 Section 2. Adoption (A) The City Council of the City of Moorpark hereby approves the development agreement attached hereto as "Attachment A" and incorporated by reference, between the City of Moorpark and Hidden Creek Ranch Partners related to development of Specific Plan 8/ Specific Plan 93 -1. (B) The Mayor and City Manager are authorized to execute and sign the final agreement and any covenants necessary to effect the agreement. (C) Upon execution, the development agreement shall be recorded within the Office of the County Recorder, County of Ventura, as a covenant running with all the lands comprising the Hidden Creek Ranch Specific Plan. (D) This agreement shall become operative and run for the term specified within the agreement. PASSED, APPROVED, AND ADOPTED THIS 19th DAY OF AUGUST, 1998. ATTEST: Deborah S. Traffenstedt, City Clerk �� Ordinance No. 246 Page 4 ATTACHMENT A RECORDING REQUESTED BY: City Clerk, City of Moorpark WHEN RECORDED MAIL TO: City Clerk, City of Moorpark 799 Moorpark Avenue Moorpark, California 93021 EXEMPT FROM RECORDER'S FEES Pursuant to Government Code § 6103 DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF MOORPARK AND OWNERS OF LAND WITHIN HIDDEN CREEK SPECIFIC PLAN NO. 8 THIS AGREEMENT SHALL BE RECORDED WITHIN TEN DAYS OF EXECUTION BY ALL PARTIES HERETO PURSUANT TO THE REQUIREMENTS OF GOVERNMENT CODE §65868.5 Ordinance No. 246 Page 5 DEVELOPMENT AGREEMENT This Development Agreement ( "the Agreement ") is made and entered into this day of , 1998, by and between the CITY OF MOORPARK, a municipal corporation, (referred to hereinafter as "City ") and certain owners of real property within Hidden Creek Specific Plan No. 8 (referred to hereinafter individually as "Developer" and collectively as "Developers "). City and Developers are referred to hereinafter individually as "Party" and collectively as "Parties." In consideration of the mutual covenants and agreement's contained in this Agreement, City and Developers agree as follows: Recitals. This Agreement is made with respect to the following facts and for the following purposes, each of which is acknowledged as true and correct by the Parties: 1.1. Pursuant to Government Code section 65864 et M. and Moorpark Municipal Code chapter 15.40, City is authorized to enter into a binding contractual agreement with any person having a legal or equitable interest in real property within its sphere of influence for the development of such property upon annexation in order to establish certainty in the development process. 1.2. Prior to approval of this Agreement, but after the certification of that certain Hidden Creek Ranch/Specific Plan No. 8 Final Environmental Impact Report ( "the EIR "), the City Council of City ( "the City Council ") approved a mitigation monitoring program to insure compliance with the mitigation measures contained in the EIR ( "the Mitigation Monitoring Program "), approved General Plan Amendment No. 93 -1 ( "GPA 93 -1 ") and Hidden Creek Specific Plan No. 8 ( "SP 93 -1 ") for approximately 4323 acres of land within the sphere of influence of City ( "the Property "), as more specifically described in Exhibit "A" attached hereto and incorporated herein, and prezoned the Property pursuant to Zone Change No. 93 -3 ( "ZC 93 -3 "). 1.3. Each Developer has a legal interest in a portion of the Property, as more specifically described in Exhibit "B" attached hereto and incorporated herein. Hidden Creek Ranch, L.P. ( "HCR ") is a Developer that owns approximately 4,000 acres of the Property ( "the HCR Property "). 1.4. GP 93 -1, SP 93 -1 and ZC 93 -3 (collectively "the Project Approvals; individually "a Project Approval ") provide for the development of the Property as a master planned community and the construction of certain off -site improvements in connection therewith ( "the Project "). Ordinance No. 246 Page 6 1.5. Developer has agreed to provide public school facilities, kindergarten through 12th grade, to serve the Project in accordance with that certain Facilities and Financing Plan proposed to be entered into between Developer and the Moorpark Unified School District ( "MUSD "). 1.6. By this Agreement, City desires to obtain the binding agreement of Developers to develop the Property in accordance with the Project Approvals and this Agreement. In consideration thereof, City agrees to limit the future exercise of certain of its governmental and proprietary powers to the extent specified in this Agreement. 1.7. By this Agreement, Developers desire to obtain the binding agreement of City to permit the development of the Property in accordance with the Project Approvals and this Agreement. In consideration thereof, each Developer agrees to waive its rights to legally challenge the limitations and exactions imposed upon the development of the Property pursuant to the Project Approvals and this Agreement and to provide the public benefits and improvements specified in this Agreement. 1.8. City and Developers all acknowledge and agree that the consideration that is to be exchanged pursuant to this Agreement is fair, just and reasonable and that this Agreement is consistent with the General Plan of City, as amended by GP 93 -1. 1.9. On June 8, 1998, the Planning Commission of City commenced a duly noticed public hearing on this Agreement, which was continued to June 15, 1998, and at the conclusion of the hearing recommended approval of the Agreement. 1.10. On June 17, 1998, the City Council commenced a duly noticed public hearing on this Agreement, which was continued to July 1, 1998, and subsequently to July 15, 1998, and to August 5, 1998, and at the conclusion of the hearing approved the Agreement by Ordinance No. 246 ( "the Enabling Ordinance "). 2. Property Subject To This Au- -eement. All of the Property shall be subject to this Agreement. The Property may be referred to hereinafter as "the site" or "the Project area ". 3. Binding Effect. ffect. The burdens of this Agreement are binding upon, and the benefits of the Agreement inure to, each Party and each successive successor in interest thereto and constitute covenants that run with the Property. Whenever the terms "City ", "Developer" and "Developers" are used herein, such terms shall include every successive successor in interest thereto, except that the terms "Developer" and "Developers" shall not include the purchaser or transferee of any lot within the Project area that has been fully developed in accordance with the Project Approvals and this Agreement. Ordinance No. 246 Page 7 3.1. Constructive Notice and Acceptance. Every person who acquires any right, title or interest in or to any portion of the Property in which a Developer has a legal interest is, and shall be, conclusively deemed to have consented and agreed to be bound by this Agreement, whether or not any reference to the Agreement is contained in the instrument by which such person acquired such right, title or interest. 3.2. Release Upon Transfer. Upon the sale or transfer of any Developer's interest in any portion of the Property, that Developer shall be released from its obligations with respect to the portion so sold or transferred subsequent to the effective date of the sale or transfer, provided that the Developer (1) was not in breach of this Agreement at the time of the sale or transfer and (ii) prior to the sale or transfer, deliver to City a written assumption agreement, duly executed by the purchaser or transferee and notarized by a notary public, whereby the purchaser or transferee expressly assumes the obligations of Developer under this Agreement with respect to the sold or transferred portion of the Property. Failure to provide a written assumption agreement hereunder shall not negate, modify or otherwise affect the liability of the purchaser or transferee pursuant to this Agreement. Nothing contained herein shall be deemed to grant to City discretion to approve or deny any such sale or transfer, except as otherwise expressly provided in this Agreement. 4. Development of the Property. The following provisions shall govern the subdivision, development and use of the Property. 4.1. Permitted Uses. The permitted and conditionally permitted uses of the Property shall be limited to those that are allowed by the Project Approvals and this Agreement. 4.2. Development Standards. All design and development standards, including but not limited to density or intensity of use and maximum height and size of buildings, that shall be applicable to the Property are set forth in the Project Approvals and this Agreement. 4.3. Building Standards. All construction on the Property shall adhere to the Uniform Building Code, including the Fire Resistive Design Manual, the National Electrical Code, the Uniform Plumbing Code, the Uniform Mechanical Code, the Uniform Housing Code, the Uniform Code for the Abatement of Dangerous Buildings, the Uniform Code for Building Conservation and the Uniform Administrative Code in effect at the time the plan check or permit is approved and to any federal or state building requirements that are then in effect (collectively "the Building Codes "). Ordinance No. 246 Page 8 4.4. Reservations and Dedications. All reservations and dedications of land for public purposes that are applicable to the Property are set forth in the Project Approvals and this Agreement. 5. Vesting of Development Rights. 5.1. Timing of Development. In Pardee Construction Co. v. City of Camarillo, 37 Cal.3d 465 (1984), the California Supreme Court held that the failure of the parties therein to provide for the timing or rate of development resulted in a later - adopted initiative restricting the rate of development to prevail against the parties' agreement. City and Developers intend to avoid the result in Pardee by acknowledging and providing that Developers shall have the right, without obligation, to develop the Property in such order and at such rate and times as Developers deems appropriate within the exercise of their subjective business judgment. In furtherance of the Parties intent, as set forth in this section, no future amendment of any existing City ordinance or resolution, or future adoption of any ordinance, resolution or other action, that purports to limit the rate or timing of development over time or alter the sequencing of development phases, whether adopted or imposed by the City Council or through the initiative or referendum process, shall apply to the Property. In particular, but without limiting any of the foregoing, no numerical restriction shall be placed on the number of dwellings units that can be built each year within the Project Area. However, nothing in this section shall be construed to limit City's right to insure that Developers timely provide all infrastructure required by the Circulation, Phasing, Public Services and Facilities Implementation and Financing Program (Infrastructure Plan), as described in section 6.18 hereof. 5.2. Amendment of Project Approvals. No amendment of any of the Project Approvals, whether adopted or approved by the City Council or through the initiative or referendum process, shall apply to any portion of the Property, unless every Developer of the affected portion of the Property has agreed in writing to the amendment. No amendment shall provide benefits to any Developer on terms more favorable than those provided to Developer by the Project Approvals or this Agreement. 5.3. Issuance of Subsequent Approvals. Applications for land use approvals, entitlements and permits, including without limitation subdivision maps (e.g. tentative, vesting tentative, parcel, vesting parcel, and final maps), subdivision improvement agreements and other agreements relating to the Project, lot line adjustments, preliminary and final planned development permits, use permits, Ordinance No. 246 Page 9 design review approvals (e.g. site plans, architectural plans and landscaping plans), encroachment permits, and sewer and water connections that are necessary to or desirable for the development of the Project (collectively "the Subsequent Approvals "; individually "a Subsequent Approval ") shall be consistent with the Project Approvals and this Agreement. For purposes of this Agreement, Subsequent Approvals do not include building permits. Subsequent Approvals shall be governed by the Project Approvals and by the applicable provisions of the Moorpark General Plan, the Moorpark Municipal Code and other City ordinances, resolutions, rules, regulations, policies, standards and requirements as most recently adopted or approved by the City Council or through the initiative or referendum process and in effect at the time that the application for the Subsequent Approval is deemed complete by City (collectively "City Laws "), except City Laws that: (a) change any permitted or conditional permitted uses of the Property from what is allowed by the Project Approvals; (b) limit or reduce the density or intensity of the Project, or any part thereof, or otherwise require any reduction in the square footage or number of proposed buildings or other improvements from what is allowed by the Project Approvals. (c) limit or control the rate, timing, phasing or sequencing of the approval, development or construction of all or any part of the Project in any manner, provided that all infrastructure required by the Infrastructure Plan to serve the portion of the Property covered by the Subsequent Approval is in place or is scheduled to be in place prior to completion of construction; (d) are not uniformly applied on a City -wide basis to all substantially similar types of development projects or to all properties with similar land use designations; (e) control residential or commercial rents; or (f) prohibit or regulate development on slopes with grades greater than 20 percent, including without limitation Moorpark Municipal Code chapter 17.38 or any successor thereto, within all approved planning units of SP 93 -1, except Planning Unit 44B. (g) modifies the land use from what is permitted by the General Plan Land Use Element at the operative date of this Agreement or that prohibits or restricts the Ordinance No. 246 Page 10 establishment or expansion of urban services including but not limited to community sewer systems to the Project. 5.4. Term of Subsequent Approvals. The term of any tentative map for the Property, or any portion thereof, shall expire ten (10) years after its approval or conditional approval or upon the expiration or earlier termination of this Agreement, whichever occurs first, notwithstanding the fact that the final map may be filed in phases. Each Developer hereby waives any right that it may have under the Subdivision Map Act, Government Code section 66410 et seq., or any successor thereto, to apply for an extension of the time at which the tentative map expires pursuant to this subsection. No portion of the Property for which a final map or parcel map has been recorded shall be reverted to acreage at the initiative of City during the term of this Agreement. The term of any Subsequent Approval, except a tentative map, shall be one year; provided that the term may be extended by the decision maker for two (2) additional one (1) year periods upon application of the Developer holding the Subsequent Approval filed with City's Department of Community Development prior to the expiration of that Approval. Each such Subsequent Approval shall be deemed inaugurated, and no extension shall be necessary, if a building permit was issued and the foundation received final inspection by City's Building Inspector prior to the expiration of that Approval. It is understood by City and Developers that certain Subsequent Approvals may not remain valid for the term of this Agreement. Accordingly, throughout the term of this Agreement, any Developer shall have the right, at its election, to apply for a new permit to replace a permit that has expired or is about to expire. 5.5. Modification Of Approvals. Throughout the term of this Agreement, each Developer shall have the right, at its election and without risk to any right that is vested in it pursuant to this section, to apply to City for minor modifications to Project Approvals and Subsequent Approvals. The approval or conditional approval of any such minor modification shall not require an amendment to this Agreement, provided that, in addition to any other findings that may be required in order to approve or conditionally approve the modification, a finding is made that the modification is consistent with this Agreement. 5.6. Issuance of Building Permits. No building permit, final inspection or certificate of occupancy will be unreasonably withheld from any Developer if all infrastructure required by the Infrastructure Plan to serve the portion of the Property covered by the building permit is in place or is scheduled to be in place prior to completion of construction and all of the other relevant provisions of the Ordinance No. 246 Page 11 Project Approvals, Subsequent Approvals and this Agreement have been satisfied. In no event shall building permits be allocated on any annual numerical basis or on any arbitrary allocation basis. 5.7. Moratorium on Development. Nothing in this Agreement shall prevent City, whether by the City Council or through the initiative or referendum process, from adopting or imposing a moratorium on the processing and issuance of Subsequent Approvals and building permits and on the finalizing of building permits by means of a final inspection or certificate of occupancy, provided that the moratorium is adopted or imposed (1) on a City -wide basis to all substantially similar types of development projects and properties with similar land use designations and (ii) as a result of a utility shortage or a reasonably foreseeable utility shortage, including without limitation a shortage of water, sewer treatment capacity, electricity or natural gas. 6. Developer Agreements. 6.1. Each Developer shall comply with (i) this Agreement, (ii) the Project Approvals, (iii) all Subsequent Approvals for which it was the applicant or a successor in interest to the applicant and (iv) the Mitigation Monitoring Program and any subsequent or supplemental program. 6.2. Any land within the Project area that is dedicated to MUSD, or any successor district, shall be deed restricted in the form of a covenant running with the land, as set forth in Exhibit "C" attached hereto and incorporated herein, to limit use of the land to public school facilities, kindergarten through 12th grade, and the covenant shall be recorded in the offices of the County Recorder of the County of Ventura concurrently with the deed transferring fee title to MUSD or a successor district. 6.3. All lands and interests in land dedicated to City shall be free and clear of liens and encumbrances other than easements or restrictions that do not preclude or interfere with use of the land or interest for its intended purpose, as reasonably determined by City. 6.4. As a condition of the issuance of a building permit for each golf course, commercial or institutional use within the boundaries of the Specific Plan, Developer shall pay City a fee to be used for park improvements within the City of Moorpark. The amount of the fee shall be twenty -five cents ($.25) per square foot of gross floor area. The fee shall be adjusted annually (commencing one (1) Ordinance No. 246 Page 12 year after the first residential building permit is issued within the Specific Plan) by any increase in the Consumer Price Index (CPI) until all fees have been paid. The CPI increase shall be determined by using the information provided by the U.S. Department of Labor, Bureau of Labor Statistics, for all urban consumers within the Los Angeles /Anaheim/Riverside metropolitan area during the prior year. The calculation shall be made using the month which is four (4) months prior to the month in which the Development Agreement is approved by the City Council (e.g., if approval occurs in June, then the month of February is used to calculate the increase). Institutional uses shall pay on the same basis as commercial uses, except that institutional uses which are exempt from secured property taxes shall be exempt from the fee. This fee may be expended by City in its sole and unfettered discretion. 6.5. As a condition of the issuance of a building permit for each residential, golf course, commercial, or institutional use within the boundaries of the Specific Plan, Developer shall pay City a development fee as described herein (the "Development Fee "). The Development Fee may be expended by City in its sole and unfettered discretion. On the effective date of this Agreement, the amount of the Development Fee shall be Seven Thousand Dollars ($7,000.00) per residential unit and Thirty -One Thousand Five Hundred Dollars ($31,500.00) per each approved golf course and per gross acre of commercial or institutional land on which the commercial use is located. The fee shall be adjusted annually (commencing one (1) year after the first residential building permit is issued within the Specific Plan) by any increase in the Consumer Price Index (CPI) until all fees have been paid. The CPI increase shall be determined by using the information provided by the U.S. Department of Labor, Bureau of Labor Statistics, for all urban consumers within the Los Angeles /Anaheim /Riverside metropolitan area during the prior year. The calculation shall be made using the month which is four (4) months prior to the month in which the Development Agreement is approved by the City Council (e.g., if approval occurs in June, then the month of February is used to calculate the increase). 6.6. As a condition of the issuance of a building permit for each residential, golf course, commercial, or institutional use within the boundaries of the Specific Plan, Developer shall pay City a traffic mitigation fee as described herein ( "Citywide Traffic Fee "). The Citywide Traffic Fee may be expended by City in its sole and unfettered discretion. On the effective date of this Agreement, the amount of the Citywide Traffic Fee shall be Four Thousand Dollars ($4,000.00) per residential unit, Seventy-Two Thousand Dollars ($72,000.00) per each approved golf course, and Eighteen Thousand Dollars ($18,000.00) per acre of commercial and institutional land on which the commercial or institutional use is located. Commencing on January 1, 2001, and annually thereafter, both categories of the Ordinance No. 246 Page 13 Citywide Traffic Fee shall be increased to reflect the change in the State Highway Bid Price Index for the twelve (12) month period that is reported in the latest issue of the Engineering News Record that is available on December 31 of the preceding year ( "annual indexing "). In the event there is a decrease in the referenced Index for any annual indexing, the Citywide Traffic Fee shall remain at its then current amount until such time as the next subsequent annual indexing which results in an increase. 6.7. As a condition of issuance of a building permit for each residential (except for the three hundred sixty -five (365) affordable dwelling units provided for in subsection 6.19. which are exempt from the fee contained in this subsection 6.7), golf course, commercial, or institutional use within the boundaries of the Specific Plan, Developer shall pay City a community services fee as described herein (Community Services Fee). The Community Services Fee may be expended by City in its sole and unfettered discretion. This fee is intended to offset the lower property tax rate for the properties in the Specific Plan than for other areas of the City. The amount of the Community Services Fee shall be Forty -eight Hundred Dollars ($4,800.00) per residential unit, Eighty Two Thousand Six Hundred Dollars ($82,600.00) per each approved golf course, and Twenty -two Thousand Six Hundred Dollars ($22,600.00) per gross acre of commercial and institutional land on which commercial or institutional use is located. The fee shall be adjusted on the seventh, twelfth, seventeenth, twenty- second, and twenty- seventh anniversaries of the operative date of this Agreement. The method and index to be used for the fee adjustment shall be determined as part of the Infrastructure Plan. 6.8. Developer shall grant a conservation easement to retain the lots shown as Open Space /Golf Course and Golf Course with only those uses shown as permitted in the Development Regulations Section 5 of the approved Specific Plan for the Golf Course and Golf Course /Open Space Zones. No excavation, drilling, extraction, pumping (excluding such pumping as may be needed for dewatering as part of approved grading operations), mining, or similar activity shall be allowed in any portion of the Property zoned Open Space. The limitations and exclusions described in this subsection shall be included in the conservation easement. The foregoing does not restrict the extraction of subsurface mineral resources by drilling from off the property so long as the drilling apparatus and equipment are screened from view from all points within the City. Further, if the drilling site is not within the City, Developer agrees that before proceeding with any drilling it shall secure a use permit from the City which may include conditions ordinarily placed upon drilling operations. Further, noise impacts from the drilling shall meet the City's noise standards. Ordinance No. 246 Page 14 Timing for recordation of the conservation easement shall be included in the Infrastructure Plan. 6.9. On the operative date of this Agreement, Developer shall pay all outstanding City processing and environmental impact report costs related to Specific Plan No. 8 and for preparation of this Agreement. 6.10. Within ninety (90) days of the operative date of this Agreement, Developer shall pay the City One Hundred Thirty Thousand ($130,000.00) to offset unreimbursed City costs and accrued interest thereon for work related to the 1992 General Plan update and Sphere of Influence Study that benefitted Developer. 6.11. Within the boundaries of the Specific Plan, Developer shall dedicate, at its sole cost and expense, park land to the City as shown on the Specific Plan. At their sole cost and expense but subject to the limitations set forth in this subsection, Developer shall make improvements to the park land dedicated pursuant to this subsection and shall provide maintenance of the land and improvements. For the park site in Planning Unit 42A (Community Park Site), the improvements shall include, at City's sole discretion, one or more of each of the following items except I. which shall be limited to only one: Softball field with a minimum of 300 foot outfield radius with no obstructions, backstop, foul line chain link fencing, fenced dugouts with concrete floors, and bleachers on concrete pads to seat 150 people with lighting for up to four (4) fields; 2. Regulation soccer field, 225 feet wide and 360 feet long with no obstructions, that does not overlap onto the softball field area, except as approved by the City Council, and two (2) semi - permanent goals with lighting for up to four (4) fields; 3. Lighted tennis courts; 4. Full basketball court; E. Children's play equipment/apparatus and tot lots; 6. Concrete block restroom structure with tile roof, G. Picnic shelter with solid roof and matching tile to the restroom; and Ordinance No. 246 Page 15 8. Off - street parking with standard sized parking spaces. 1. One gymnasium and recreation center with the same square footage as the gymnasium and recreation center at Arroyo Vista Community Park, except that the gymnasium shall accommodate two (2) regulation sized volleyball courts with adequate out -of- bounds areas to be overlaid perpendicular to a regulation sized basketball court. The full construction cost of said improvements for the three (3) referenced sites shall not exceed Seven Million Five Hundred Thousand Dollars ($7,500,000.00). Said amount shall not include any overhead, administrative or similar costs, or profit by Developer or any Developer affiliated entity. Commencing one (1) year after the first residential building permit is issued within the Specific Plan and annually thereafter, this amount shall be increased to reflect the change in the Price Index that includes park and building construction for the twelve (12) month period that is reported in the latest issue of the Engineering News Record that is available on December 31 of the preceding year ( "annual indexing "). In the event there is a decrease in the referenced Index for any annual indexing, it shall remain at its then current amount until such time as the next subsequent annual indexing which results in an increase. Final design, plans and specifications shall be as approved by the City Council, including applicable handicapped requirements, and shall include but not be limited to grading, street improvements, drainage, hardscape (walkways, bike paths, etc.) landscape (trees, shrubs, groundcover, and turf), security lighting for the park and parking lot, and miscellaneous amenities in quantities as determined necessary by City (tot lot and park perimeter fencing, trash receptacles, trash bin enclosures, bike racks, barbecues, picnic tables, pay telephone, identification monument signs, and other signage, etc.). The improvement plans and specifications shall be similar to those improvements constructed at other City parks as determined by the City at its sole discretion. In addition to water, sewer and electrical services, the improvements shall include stub out into the park at a location determined by City for natural gas, telephone, and cable television services; and if the park is allowed to be rough graded prior to installation of improvements, it shall be hydroseeded and provided with other appropriate means of erosion control. At their sole cost and expense, Developer shall: (i) design the park improvements and submit conceptual plans for City approval, (ii) prepare final design, plans and specifications and submit the same to City Council for approval, (iii) submit the approved final plans and specifications to City for plan check along with appropriate fees, and (iv) pay City for inspection of the construction. Ordinance No. 246 Page 16 The parks shall be dedicated to City improved and available (open) to the public prior to the occupancy of the specified number of dwelling units within the boundaries of the Specific Plan as provided for in the Infrastructure Plan. The park site shall be offered for dedication to City upon approval of the first final map in which the park site is located. After each park is opened to the public and prior to its formal acceptance by City, Developer shall provide a minimum of one year and a maximum of two years' maintenance for the park land and improvements, including all labor, materials, and water, in accordance with the specifications used by City at its parks. All land provided by Developer to City for parks, recreation and open space purposes shall be deeded to City without any restrictions for current or future use. Developer agrees that the above - described improvements along with the dedication of the above- described park land shall be deemed to satisfy the "Quimby" requirement set forth at California Government Code Section 66477 et seq. for all subsequent subdivision maps within the Specific Plan area for a maximum of 3,221 residential units. Developer shall secure the above - described improvements and the one -year maintenance requirement by the execution of City's standard subdivision agreement prior to the approval of the first final tract map or the first final parcel map within the Specific Plan area. 6.12. As a condition of the issuance of a building permit for each residential, commercial, or institutional use within the boundaries of the Specific Plan, Developer shall pay City a library facilities fee as described herein (Library Facilities Fee). The Library Facilities Fee to be paid shall be Four Hundred Sixty Dollars and fifty -six cents ($460.56) for each single family residential dwelling unit, Two Hundred Ninety Eight Dollars and forty -six cents ($298.46) for each multi - family residential dwelling unit and ten cents ($.10) per square foot of each building for non - residential uses. The fee shall be adjusted annually (commencing one (1) year after the first residential building permit is issued within the Specific Plan) by any increase in the Consumer Price Index (CPI) until all fees have been paid. The CPI increase shall be determined by using the information provided by the U.S. Department of Labor, Bureau of Labor Statistics, for all urban consumers within the Los Angel es/Anaheim/Ri versi de metropolitan area during the prior year. The calculation shall be made using the month which is four (4) months prior to the month in which the Development Agreement is approved by the City Council (e.g., if approval occurs in June, then the month of February is used to calculate the increase). For purposes of this fee, commercial and institutional uses shall be considered non- residential construction. Ordinance No. 246 Page 17 6.13. Developer shall construct public streets adjacent to school and park sites as depicted in the Specific Plan regardless of whether said streets are designated as local or collector streets for a length and to a standard that includes a curb -to -curb width of between 48 feet and 60 feet as determined at City's sole and unfettered discretion in order to provide street parking, bike lanes, and turn lanes in addition to at least two (2) travel lanes and necessary transitions. 6.14. Developer shall construct appropriately sized water lines, pumping facilities, and storage facilities for recycled water consistent with the requirements of the City, Waterworks District No. 1 and Calleguas Water District. Said lines shall be installed prior to the final cap being placed on all streets whether the recycled water is available or not. Developer shall provide service including payment of any connection and meter charges and shall use recycled water for medians and parkways for all public streets, all golf courses, parks, and any other public and commonly owned landscaping and recreation areas. The recycled water line(s) shall be installed for each City approved phase of development and the recycled water shall be in use prior to the first occupancy approval for each City approved phase of development and prior to occupancy approval for each golf course, if such recycled water is available. 6.15. Greenbelts, open space areas, landscaped areas, and trails lying within each portion of the Property (not covered by any other section) shall be dedicated to City in a form approved by the City Attorney, or to one or more homeowners or property owners associations as determined by the City Council at its sole and unfettered discretion, as a condition of recordation of the final subdivision map or parcel map defining the area within which said areas are located. Greenbelts, buffers and open space areas may include wetlands, storm water detention areas, landscaping and decorative planting areas that do not interfere with greenbelt, buffer and open space uses as determined by the City at its sole and unfettered discretion. Such areas not dedicated to City shall include a conservation easement granted to the City in a form acceptable to the City consistent with Civil Code Section 815 et seq. 6.16. Public open space areas consisting of approximately 1700 acres as shown in the Specific Plan is proposed by Developer to be granted, by deed to an entity approved by the City and Developer; however, the entity receiving the land must be structured as a "qualified conservation contribution" as set forth in section 170 (h) (1) of the code (Entity) that enables the dedication of open space land to be transferred in a manner and schedule that insures Developer receives the maximum amount of tax benefits per year over the life of the Project. As a condition of dedication, this mutually agreed upon Entity shall be obligated to grant City a conservation easement in a form acceptable to City consistent with Ordinance No. 246 Page 18 Civil Code Section 815 et seq., or in the event Developer has not entered into an agreement to donate the land within five (5) years of the operative date of this Agreement, Developer agrees to grant the City a conservation easement in a form acceptable to the City consistent with Civil Code Section 815 et seq. 6.17. The golf course shown in the Specific Plan as planning unit 40 shall be open to the public to play without the requirement of membership during all hours of operation. Twelve (12) hours in the afternoon (12:00 noon to sunset) each week shall be available at discounted rates for city and school recreational /educational programs. Discounted rates shall be offered to seniors and students residing in the City of Moorpark. The discounted rates shall be determined by Developer and the eligible programs shall be determined by city. Developer shall cause the clubhouse and related facilities on any gold course to be available to the public for rent. City shall be granted two (2) free rentals, except for Developer's out -of- pocket expenses, each year for a City sponsored activity for the golf course on planning unit 40. The date and number of hours shall be by mutual agreement; however, the City shall receive a minimum of eight (8) and maximum of twelve (12) hours of free rental for each golf course. Developer shall enter into an agreement with the City guaranteeing the provisions of the section for a period of ninety -nine (99) years from City Council approval of this Agreement. 6.18. Prior to the submittal of an application for any subdivision, or any other development project or entitlement application, Developer shall submit and gain approval from City Council an Infrastructure Plan to expand the discussion in Chapter 2.4 (Circulation), 2.5 (Phasing), and 3.0 (Public Services and Facilities) of the Specific Plan to specifically address the requirements for implementation, phasing, financing, and construction responsibilities for the circulation, facilities, and services for each Land Use Planning Unit, including both on -site and off -site circulation, facilities, and services, as well as all affordable housing units, rough grading plans for the Project, parks, trails, circulation, roadways and intersections, drainage, water, recycled water, and wastewater treatment improvements required for implementation of the Specific Plan development, including the requirements required for each approved phase of development. The Infrastructure Plan shall address the specific requirements to be completed, the entity responsible for each item, and the timing for each Land Use Planning Unit. Developer agrees to accept the Infrastructure Plan as approved by the City and to install the improvements as determined by the City and at such times as deemed necessary by the City at the City's sole discretion. Ordinance No. 246 Page 19 6.19. A. Developer agrees to construct three hundred sixty -five (365) dwelling units within the Specific Plan area that are affordable to "Very Low" and "Lower" income households, as defined by the State Department of Housing and Community Development (HCD) published income levels for Ventura County. 2. Developer herein agrees to enter into a Regulatory Agreement with City, for management of the affordable dwelling units, prior to City approval of any Residential Planned Development Permit and/or subdivision map creating residential lots within the Specific Plan area. Such Regulatory Agreement shall be consistent with the agreements herein set forth and shall also set forth the procedure for City monitoring of compliance with the affordable requirements. The Regulatory Agreement shall be in a form approved by the City in its sole discretion and shall provide for Developer payment of City costs to administer said Regulatory Agreement for the duration of the Regulatory Agreement. 3. The 365 affordable dwelling units (DUs) to be constructed on Developer property shall consist of the following unit types: Product Type DUs Rental Units - Very Low and Lower 250 Rental Units - Senior 25 For -Sale Units - Very Low and Lower 70 For -Sale Units - Senior 20 Total affordable Dus 365 Senior units shall mean a group of dwelling units either attached or detached that are rented or sold to a qualified senior citizen as defined in Section 51.3 of the California Civil Code. The number of For -Sale Units can be increased as mutually agreed upon without an amendment to this Agreement. Any proposed increase in the number of rental units that decreases the number of For -Sale Units shall require an amendment to this Agreement. 4. The 250 affordable rental units for Very Low and Lower income households will consist of attached two and /or three -story apartment units to be located in approved Planning Units with VH -1 and VH -2 density categories, as shown on Exhibit 7 of the Specific Plan, but shall not comprise over fifty percent (50 %) of Ordinance No. 246 Page 20 the units within a particular planning unit. The City Council may approve exceptions to the fifty percent (50 %) limitation without an amendment to this Agreement. One hundred twenty five (125) of the total 250 rental units shall be rented to Very Low income households and one hundred twenty -five (125) shall be rented to Lower income households for a minimum of 40 years from the last building occupancy (final building permit) approval for each apartment project. The Very Low income rental units shall have a minimum of two bedrooms and for income calculation purposes, a three- person household shall be assumed for a two- bedroom apartment and a four - person household shall be assumed for a three - bedroom apartment. The Lower income rental units shall have a minimum of three bedrooms and for income calculation purposes, a four - person household shall be assumed for a three - bedroom rental unit and a five - person household shall be assumed for a four - bedroom rental unit. The monthly rent shall be consistent with the requirement of HCD. S. The 25 affordable rental units designated for seniors will be located in the senior housing component of the project, Planning Unit 22 on Exhibit 7 of the Specific Plan, with twelve (12) one - bedroom units made available for Very Low Income seniors and thirteen two- bedroom units made available for Lower income seniors. The monthly rent shall be consistent with the requirements of HCD. A one - person household shall be assumed for a one - bedroom senior rental unit and a two- person household shall be assumed for a two- bedroom senior rental unit. 6. The 70 affordable for -sale dwelling units will be either single- family detached (e.g., courtyard homes) or multi - family structures. These units will be located in any of the M, H, and/or VH -1 density categories shown on Exhibit 7 of the Specific Plan. A total of 35 of these for -sale units will be available to families qualifying as a Very Low Income household and 35 will be available to families qualifying as a Lower income household, as defined by HCD for Ventura County. 7. Income qualification for the for -sale units shall be based upon actual household size. 8. For the 35 Very Low income for -sale units, 18 shall have a minimum of two bedrooms and 17 shall have a minimum of three bedrooms. 9. For the 35 Low Income for -sale units, 18 shall have a minimum of three bedrooms, and 17 shall have a minimum of four bedrooms. Ordinance No. 246 Page 21 10. The 20 affordable for -sale senior units shall be located in the senior housing component in Planning Unit 22, and half shall be made available to Very Low income senior households and half shall be made available to Lower income senior households. 11. The 10 Very Low income for -sale senior units, 18 shall have a minimum of two bedrooms. 12. The 10 Low Income for -sale senior units shall have a minimum of three bedrooms. 13. All affordable for -sale units shall be sold with an owner- occupancy requirement not to exceed forty (40) years and equity share in favor of City with these and other terms to be determined by City in its sole discretion. 14. Prior to a determination of application completeness for any Residential Planned Development Permit and/or subdivision map creating for -sale residential lots within the Specific Plan area, Developer shall submit for City Council approval, a marketing plan for all required affordable for -sale units. Such marketing plan shall provide priority for existing residents and persons employed within the City boundaries for purchase of the affordable for -sale dwelling units. Developer and the City agree that the affordable housing as contemplated herein constitutes certain amounts of unrecoverable costs to Developer (most notably land and land improvement costs). Developer may be able to reduce the amount of unrecoverable costs by providing a portion of the Affordable Housing in a location other than within the project, yet within the boundaries of the City. City agrees that Developer may provide a maximum of 100 units of the total 365 affordable dwelling units, not to exceed 35 of the for -sale units. The same requirements as are described herein above for the required number of Very Low income and Lower income units are applicable; 50 percent shall be affordable to Very Low income and 50 percent shall be affordable to Lower income. Should Developer elect to construct a portion of the affordable units off -site, Developer agrees to increase the total number of affordable units by one (1) unit for every five (5) affordable dwelling units constructed off -site. (For example, should Developer desire to locate 100 of the affordable dwelling units off -site, the total affordable units required of Developer per this Agreement would be increased by 20 units from 365 to 385). In any event, the total number of dwelling units designated within the Specific Plan shall remain 3,221 units. Ordinance No. 246 Page 22 Developer agrees to construct the affordable dwelling units on the following timetable: • Prior to the issuance of the 1,00151 residential building permit, at least 100 affordable units as described herein will have received a Final Building Permit/Notice of Completion. • Prior to the issuance of the 2,20151 residential building permit, at least 225 affordable units as described herein will have received a Final Building Permit/Notice of Completion. • Prior to the issuance of the 3,00151 residential building permit, all 365 affordable units, or greater amount as determined by other provisions herein above described, will have received a Final Building Permit/Notice of Completion. Developer agrees that a requirement for application completeness for each Master Tentative Map and tentative tract map is that the number of affordable dwelling units, location (by lot number), sizes (including bedrooms), types of affordable dwelling units (rental, for -sale, senior rental, and/or senior for - sale), and the applicable household income categories for such units (Very Low and Lower income) shall be provided to the City for the area covered by the subdivision map, and the City shall impose such conditions of approval on the subdivision map that are required to ensure the provision of the affordable dwelling units and the execution of a Regulatory Agreement to ensure compliance with affordable requirements. Developer agrees to fully fund City Staff necessary to implement the affordable housing requirements and insure compliance with the Regulatory Agreement and subsections 6.19. and 7.11. of this Agreement. The responsibilities of the staff person will include, but not be limited to, assisting with the planning, permitting, and construction of the affordable dwelling units, together with the responsibility for qualifying those families that wish to purchase a for -sale affordable dwelling unit or overseeing the work of a consultant that is hired by the City, and funded by Developer, to perform income qualification review for such units. The City shall not be responsible for income qualification for affordable rental units; however, the Regulatory Agreement shall specify the requirements for compliance and monitoring. 6.20. Developer agrees that the Mitigation Measures included in the City Council approved Final Environmental Impact Report (EIR) and Mitigation Monitoring Program, or subsequent environmental clearance document approved by the Council, set forth the mitigation requirements for air quality impacts. Developer further agrees that air quality fees, referenced but not specifically calculated in the EIR and Mitigation Monitoring Program, are to be calculated as a condition of the issuance of a building Ordinance No. 246 Page 23 permit for each residential, commercial, golf course, and institutional use within the boundaries of the Specific Plan. Developer also agrees to pay to City an air quality mitigation fee, as described herein (the Air Quality Fee), in satisfaction of the Transportation Demand Management Fund mitigation requirement in the Final Environmental Impact Report (E1R) for the Specific Plan. The Air Quality Fee may be expended by City in its sole discretion for reduction of regional air pollution emissions and to mitigate residual Project air quality impacts. (On the operative date of this Agreement, the amount of the Air Quality Fee shall be $760 per dwelling unit, $32,000 per gross acre of commercial or institutional land, and $140,504 for each golf course.) For residential projects, the Air Quality Fee shall be the same for all dwelling units approved as part of a Residential Planned Development (RPD) Permit and shall be calculated by the Community Development Department prior to issuance of a Zoning Clearance for the first building plan check for the RPD development. For commercial, institutional, and golf course projects, the Air Quality Fee shall be calculated by the Community Development Department prior to the first occupancy approval for each planned development project. The Air Quality Fee shall be calculated at the times specified in this paragraph using the City's approved model. Developer agreement to pay the Air Quality Fee shall be considered equivalent mitigation for air quality impacts and, therefore, shall relieve Developer of the following air quality mitigation obligations, that are included in the List of Mitigation Measures in the Final Environmental Impact Report, which mitigation measures would otherwise result in a reduction of the fee: • Prior to occupancy of the 1,3001h residential unit, clean-fuel or electric hybrid school buses should be purchased and maintained, by the project applicant, to transport elementary and middle school students living at Hidden Creek Ranch. • Prior to occupancy of the 8001h residential unit, an onsite park and ride lot shall be constructed, by the project applicant, to promote car pooling. • Prior to occupancy of the 1,100`h residential unit, the project applicant shall establish or fund a shuttle service from the onsite residential areas to downtown commercial areas and Metrolink station in the City of Moorpark. • Prior to occupancy of the 2,000`h residential unit, a telecommuting and video conference facility shall be provided in the community commercial center by the master developer. Ordinance No. 246 Page 24 • Prior to issuance of a zoning clearance for nonresidential projects, the project applicant shall make a contribution to a Moorpark Traffic Systems Management (TSM) Fund of 50.15 per square foot of floor area to fund traffic systems management programs to reduce emissions from transportation sources. (Note: To be used if the applicant does not pay the City's TDM Fund fee, that is based on the Ventura County Air Pollution Control District's formula.) 6.21. Conditional upon the City Council approval of a roadway connection between Specific Plan No. 8 and a Spring Road extension, Developer agrees to fund its pro - rata share of intersection and roadway improvements within Specific Plan No. 2 to accommodate additional traffic, and its pro -rata share of a new wall to attenuate noise and landscaping screening along the west side of Spring Road between High Street and Los Angeles Avenue. Payment for the pro -rata share improvements by Developer shall be made prior to final map approval for the phase of development that requires the roadway connection to the Spring Road extension and may be in the form of a reimbursement payment inclusive of interest payments to the owners of Specific Plan No. 2 or others and City Administrative costs. 6.22. Developer shall install wrought iron fencing and landscaping screening along the west and north sides of Paul Griffin Park, along Collins Drive and Campus Park Drive. Such wrought iron fencing shall be the same quality as the fencing installed in Tierra Rejada Park and the landscape and fencing plans shall be approved by the Director of Community Development. Installation of the wall and landscaping shall occur prior to the first final building permit/occupancy approval for Phase 1 of the Specific Plan development. Developer shall also replace in kind, or in cash, as determined by City in its sole discretion, all park improvements removed as a result of the widening of Collins Drive and Campus Park Drive required by the EIR mitigation measures, Project Approvals or Subsequent Approvals. 6.23. Prior to the submittal of an application for any subdivision, or any other development project or entitlement application, Developer shall submit and gain approval from City Council a plan to guarantee the agreements contained in subsections 6.11 and 6.19. The plan shall address the entities responsible and method and timing of guarantee for each component of Developers obligations and is subject to City approval at its sole discretion. 6.24. Developer agrees to pay all costs incurred by City to collect any and all fees including but not limited to legal services and City staff time from other property owners within Specific Plan No. 8 for the costs of preparation and processing of the Specific Plan and related Environmental Impact Report. City is not obligated to remit fees Ordinance No. 246 Page 25 collected from others until such time as Developer has reimbursed City for its collection costs. 6.25. Developer shall dedicate to the Ventura County Fire Protection District (Fire Protection District) a fire station site within the Project at a location mutually agreed upon by the City and Fire Protection District. The site shall be a minimum of one (1) and a maximum of two (2) acres. The land shall be deed restricted in the form of a covenant running with the land, as set forth in Exhibit "A" attached hereto and incorporated herein, to limit use of the land to a fire station, and the covenant shall be recorded in the offices of the County Recorder of the County of Ventura concurrently with the deed transferring fee title to the Fire Protection District. 6.26. Developer agrees at its sole cost to install traffic signals at any intersection within the Project as determined by the City in its sole discretion. Final design, plans and specifications shall be as approved by the City Council. Developer shall also pay City's costs for plan check and inspection plus City administrative costs. 6.27. Each Developer hereby waives any right that it may have under California Government Code Section 65915 et. seq., or any successor thereto, or any other provision of Federal, State, or City laws or regulations for application or use of any density bonus that would increase the number of dwelling units approved to be constructed in Specific Plan No. 8. 6.28. Developer shall cooperate and pay all costs to process an application for expansion of the City's Sphere of Influence and annexation of the property encompassed by the Specific Plan to the City of Moorpark. 6.29. If approved as part of the Specific Plan, Developer shall diligently pursue and process, at its sole cost and expense, all necessary applications and approvals required from the County of Ventura to construct the Spring Road Connector across Happy Camp Canyon Park. 6.30. Developer agrees that no dwelling shall be constructed within eight hundred (800) feet of an existing oil /gas well, or proposed drilling site, unless Developer records with the title to the property a statement, acceptable to the City Attorney acknowledging the presence of a well or drilling site and the fact that operations associated therewith may disturb future occupants, even though said operations are being conducted in accordance with specific permit conditions. Developer shall also cause said notice to be recorded on each lot of any subdivision of such property and the buyer of the property to sign an acknowledgment of this statement. In no case shall a dwelling be constructed closer than one hundred (100) feet to the well sites. Ordinance No. 246 Page 26 6.31. Developer agrees to cast affirmative ballots for the formation of an assessment district and levying of assessments, for the maintenance of parkway and median landscaping, street lighting and if requested by the City Council, parks for the provision of special benefits conferred by same upon properties within the Project. Developer further agrees to form one or more property owner associations and to obligate said associations to provide for maintenance of parkway and median landscaping, street lighting, and if requested by the City Council, parks in the event the aforementioned assessment district is dissolved or altered in any way or assessments are reduced or limited in any way by a ballot election of property owners, or if the assessment district is invalidated by court action. 6.32. In addition to fees specifically mentioned in this Agreement, Developer agrees to pay all City capital improvement, development, and processing fees at the rate and amount in effect at the time the fee is required to be paid. Said fees include but are not limited to Police Facilities Fees, Fire Facilities Fees, entitlement processing fees, and plan check and permit fees for buildings, and public improvements. Developer further agrees that unless specifically exempted by this Agreement, it is subject to all fees imposed by City at the operative date of this Agreement and such future fees imposed as determined by City in its sole discretion so long as said fee is imposed on similarly situated properties. 6.33. Developer agrees that the Infrastructure Plan shall contain a provision obligating Developer for the long term maintenance of streets that are used by construction vehicles. 6.34. Developer shall form one or more property owner associations to assume ownership and maintenance of open space land, trails and other amenities. The obligation of said property owner associations shall be more specifically defined in the Infrastructure Plan. 6.35. At any time prior to the occupancy of the last residential dwelling unit within the Specific Plan and upon the request of the City, Developer shall construct at its sole cost an extension of Campus Park Drive from its current terminus at Happy Camp Canyon Park to the Spring Road connector road so long as said extension is approved by the County of Ventura and City. The Infrastructure Plan shall address the requirements for the conceptual alignment and design for said extension. Final design, plans and specifications shall be as approved by the City at its sole discretion. Developer shall also pay City's costs for plan check and inspection plus City administrative costs. 6.36. For APN 500 -0- 290 -075, 615 -0- 110 -195, 615 -0- 110 -185, 615 -0- 110 -115, and 615 -0- 150 -195 (buffer parcels), Developer agrees to transfer all uses presently, or that at Ordinance No. 246 Page 27 any time in the future may be allowed by the County of Ventura Zoning Ordinances and Codes whether by right or permit and all uses that may be allowed in the future by the City of Simi Valley Zoning Ordinances and Codes whether by right or permit to a City owned or controlled property. Said transfer shall occur prior to City Council approval of the Infrastructure Plan, and Developer shall execute all documents determined necessary to effectuate said transfer for the purpose of retaining the buffer parcels as permanent open space in perpetuity. The City at its sole discretion shall select the property to benefit from said transfer. This transfer of uses shall not preclude Developer from conveying said buffer parcels to others for the purpose of having them retained as permanent open space in perpetuity. 6.37. Developer agrees that the mass grading in Planning Units 1 -26, both inclusive, 29, and 36 through 45, both inclusive, shall not exceed Twenty -One Million, Six Hundred Thousand (21,600,000) cubic yards of cut material. Developer agrees to undertake fine grading of Planning Unit 40 (golf course) at a point in time approved by the City, in its sole discretion, when fine grading for home sites is not also occurring. 6.38. Prior to issuance of the Two Thousand and first (2001 st) residential building permit or City issuance of any building permit for commercial property that is in excess of fourteen (14) acres, whichever occurs first, Developer shall conduct traffic studies as determined necessary by the City in its sole discretion for the intersection of Collins Drive and Campus Park Drive to determine the Level of Service. City, at its sole option, may conduct said traffic studies and Developer shall pay for them. If the Level of Service falls below Level of Service (LOS) C, as determined above, then no further residential or commercial building permits shall be issued until either of the following occur as determined at the sole discretion of the City: 1) the intersection of Collins Drive and Campus Park Drive is returned to LOS C as a result of additional measures approved by City in its sole discretion and which shall be constructed by Developer at its sole expense, or 2) Developer has constructed Alamos Canyon Road from the project to a point within the City of Simi Valley and the interchange at State Route 118 and Alamos Canyon Road is operational. If Option 2 is determined, then Developer shall obtain all necessary environmental clearances and at its sole cost construct a connection of Alamos Canyon Road from Hidden Creek Drive if all three (3) of the following events occur: A) The Alamos Canyon Road interchange at State Route 118 is constructed; B) The City of Simi Valley consents to its construction; and Ordinance No. 246 Page 28 C) The Level of Service at the intersection of Collins Drive and Campus Park Drive is determined by the City in its sole discretion to be below Level of Service C. If this intersection is at Level of Service C or better at that time, then Developer shall be allowed to proceed with the issuance of additional residential building permits except that prior to the issuance of the 2200th, 2400th, 2600th, 2800th, and 3000th residential building permits and prior to issuance of any building permit for the fifteenth (15`h) acre of commercial and each subsequent acre of commercial development, Developer shall conduct traffic studies as determined necessary by the City in its sole discretion for this intersection to determine the Level of Service. City, at its sole option, may conduct said traffic studies and Developer shall pay for them. If the Level of Service falls below Level of Service C, as determined above, then no further residential or commercial building permits shall be issued until one of the two options listed above occurs as determined at the sole discretion of the City Prior to issuance of the 2200`h residential building permit or City issuance of any building permit for commercial property that is in excess of fourteen (14) acres of commercial development, Developer shall post a surety in an amount and form approved by the City in its sole discretion for the construction of additional measures as approved by the City as provided herein above to return the intersection of Campus Park and Collins Drives to LOS C, or for the construction of Alamos Canyon Road from the project to a point determined by the City in its sole discretion. Said surety shall not be released until construction is completed, or until it's determined not to be needed, as determined by City in its sole discretion. The Infrastructure Plan shall address the requirements for conceptual alignment and design for Alamos Canyon Road. Mitigation measures, any necessary environmental clearances, final design, plans, and specifications shall be as approved by the Council. Developer shall also pay City's costs for plan check and inspection plus City administrative costs. 6.39. Prior to the determination of completeness for the first subdivision or parcel map (Map) for the Property, Developer shall submit and obtain City Council approval, in Council's sole discretion, of a State Route 118 Bypass Road Implementation and Financing Plan (the "Bypass Plan"). The Bypass Plan shall include but not be limited to improvements to be funded including rights -of -way acquisition; engineering studies including feasibility analyses, preliminary and conceptual designs, projected timeline for each phase of work, and cost estimates for all components of the Bypass Plan; and financing/funding methodology including determination of benefit for each property owner and budget for each component of the Bypass Plan. At the City's option, Developer shall be responsible to implement the approved Bypass Plan. Ordinance No. 246 Page 29 Implementation means administration of the requisite tasks needed for construction of the improvements specified in the Bypass Plan including but not limited to retaining and managing contract consultants, preparation of final design plans and specifications, rights -of -way acquisition, and if needed, obtaining Federal, State, and County approvals. Consistent with the schedule included in the Bypass Plan, implementation shall commence immediately upon City's approval of the Bypass Plan. All work shall be performed consistent with applicable Federal, State and City codes, laws, regulations, and policies such that the result is as if the City was performing the work including, but not limited to, competitive bidding pursuant to the Public Contracts Code and payment of prevailing wage. This shall include but not be limited to City approval of all contracts. If Developer implements the Bypass Plan, it shall be reimbursed for all costs consistent with the Bypass Plan except for Developer's costs for administration of contracts. The City retains the right to perform the implementation itself or to replace Developer at any time with five (5) days written notice with the City or a City approved agent to implement the Bypass Plan. Prior to issuance of the 1001" residential building permit within the Project, the City must approve at its sole discretion the final design plans and specifications for the Bypass Plan improvements together with a funding/financing plan that demonstrates the ability to fund the Bypass Plan improvements whether or not Developer implements the Bypass Plan. Developer shall advance all monies necessary to fund the Bypass Plan and its implementation until such time as sufficient funds are collected from participating property owners to reimburse Developer for such advances. Reimbursement shall be without interest and shall be consistent with the budget contained in the approved Bypass Plan. Prior to issuance of the 2001" residential building permit within the Project, construction of the Phase 1 improvements consistent with the approved Bypass Plan shall have been commenced unless the City in its sole discretion elects to delay construction. Developer agrees that consistent with Section 7.12 of this Agreement, the Bypass Plan shall include a provision to reimburse the City with the first available fees subsequently collected after any advanced amounts plus six percent (6 %) compound interest on the amounts advanced from the Development Fee. Ordinance No. 246 Page 30 70 City Agreements. 7.1. City shall commit the necessary time and resources of City staff to work with Developer on the expedited and parallel processing of applications for Subsequent Approvals for Phase A of the Project, as shown on Exhibit 32 of the Specific Plan, and shall use overtime and independent contractors whenever possible. Developer shall assume any risk related to, and shall pay the additional costs incurred by City for, the expedited and parallel processing. 7.2. As authorized by Government Code Section 65456, City agrees to impose a fee upon other properties within the Specific Plan, not owned by Developer, on a pro -rata basis for the costs of preparation and processing of the Specific Plan and related Environmental Impact Report. The pro -rata basis shall be the number of approved dwelling units for each property owner divided by the total number of dwelling units approved within the Specific Plan. City shall reimburse Developer and such fees collected from other property owners for the cost of preparation and processing of the Specific Plan and Environmental Impact Report within thirty (30) days of receipt of such fees and upon reimbursement by Developer to City for all costs of collection as provided for in subsection 6.24 of this Agreement. 7.3. City agrees that upon receipt of a landowners' petition by Developer and Developer's payment of a fee, as prescribed in California Government Code Section 53318, City shall commence proceedings to form a Mello -Roos Community Facilities District ( "District ") and to incur bonded indebtedness to finance all or portions of the public facilities, infrastructure and services that are required by the Specific Plan and that may be provided pursuant to the Mello -Roos Community Facilities Act of 1982 (the "Act "); provided, however, the City Council, in its sole and unfettered discretion, may abandon establishment of the District upon the conclusion of the public hearing required by California Government Code Section 53321 and/or deem it unnecessary to incur bonded indebtedness at the conclusion of the hearing required by California Government Code Section 53345. In the event that a District is formed, the special tax levied against any residential lot or residence thereon shall afford the buyer the option to prepay the special tax in full prior to the close of escrow on the initial sale of the developed lot by the builder of the residence. 7.4. If requested in writing by Developer and limited to City's legal authority, City shall proceed to acquire, at Developer's sole cost and expense, easements or fee title to land in which Developer does not have title or interest in order to allow construction of public improvements required of Developer which are outside City's legal boundaries. The process shall generally follow Government Code Section 66457 et seq. and shall include the obligation of Developer to enter into an agreement with City, guaranteed by cash deposits and other security as the City may require, to pay Ordinance No. 246 Page 31 all City costs including but not limited to, acquisition of the interest, attorney fees, appraisal fees, engineering fees, and City overhead expenses of fifteen percent (15 %) on all out -of- pocket costs and City staff costs. 7.5. The City Manager is authorized to sign an early grading agreement on behalf of City to allow rough grading of Phase I of the Project prior to City Council approval of a final subdivision map. Said early grading agreement shall be consistent with the conditions of the Specific Plan and approved tentative map and contingent on City Engineer and Director of Community Development acceptance of a Performance Bond in a form and amount satisfactory to them to guarantee implementation of the erosion control plan and completion of the rough grading; construction of on -site and off -site improvements consistent with the City Council approved Infrastructure Plan. In the case of failure to comply with the terms and conditions of the early grading agreement, the City Council may by resolution declare the surety forfeited. 7.6. City agrees that Developer is exempt from the payment of Los Angeles Avenue area of contribution (AOC) fees. 7.7. City agrees that whenever possible as determined by City in its sole discretion to process concurrently all land use entitlements for the same property so long as said entitlements are deemed complete. 7.8. City agrees to sell to Developer at fair market value the portion of Griffin Park necessary to widen Collins Drive and Campus Park Drive consistent with approval of the Specific Plan, EIR mitigation measures, Project Approvals and Subsequent Approvals. 7.9. City agrees that the land and improvements required under subsection 6.11. of this Agreement meets Developer's obligation for park land dedication under applicable provisions of state law and City codes. 7.10. City agrees to cooperate with Developer consistent with subsection 6.16. Of this Agreement to allow Developer to receive the maximum amount of tax benefits for the dedication of public open space. 7.11. The City agrees to appoint an affordable housing staff person to oversee the implementation of the affordable housing requirements for the Specific Plan and compliance with the Regulatory Agreement required herein for the duration such units are required to be maintained as affordable, contingent upon the full funding of the staff time by Developer, based on the City's adopted fee schedule for staff and contract staff as required by subsection 6.19. of this Agreement. Ordinance No. 246 Page 32 7.12. City agrees that consistent with Section 6.39 of this Agreement, it shall reimburse Developer for any Bypass Plan implementation costs from the Citywide Traffic Fee collected from Developer pursuant to Section 6.6 of this Agreement and any fees collected pursuant to the approved Bypass Plan, and at City's sole discretion, any similar fees collected by City and deposited in the City's Citywide Traffic Fund. City agrees to restrict use of the Development Fee collected pursuant to Section 6.5 of this Agreement for the first 1000 residential building permits within the project as an advance to construct improvements of the Bypass Plan if needed to construct the improvements consistent with Section 6.39 of this Agreement. The City agrees the Bypass Plan shall include a provision to reimburse the City with the first fees subsequently collected after any advanced amounts plus six percent (6 %) compound interest on the amounts advanced from the Development Fee. City agrees that any right of way acquisition required to implement the By Pass Plan pursuant to Section 6.39 of this Agreement shall be administered by City at the expense of Developer. City retains the right to determine if eminent domain procedures shall be initiated. 8. Supersession of Agreement by Change of Law. In the event that any state or federal law or regulation enacted after the date the Enabling Ordinance was adopted by the City Council prevents or precludes compliance with any provision of the Agreement, such provision shall be deemed modified or suspended to comply with such state or federal law or regulation, as reasonably determined necessary by City. 9. Demonstration of Good Faith Compliance. In order to ascertain compliance by Developers with the provisions of this Agreement, the Agreement shall be reviewed annually in accordance with Moorpark Municipal Code chapter 15.40. of City or any successor thereof then in effect. The failure of City to conduct any such annual review shall not, in any manner, constitute a breach of this Agreement by City, diminish, impede, or abrogate the obligations of Developers hereunder or render this Agreement invalid or void. 10. Authorized Delays. Performance by any Party of its obligations hereunder, other than payment of fees, shall be excused during any period of "Excusable Delay ", as hereinafter defined, provided that the Party claiming the delay gives notice of the delay to the other Parties as soon as possible after the same has been ascertained. For purposes hereof, Excusable Delay shall mean delay that directly affects, and is beyond the reasonable control of, the Party claiming the delay, including without limitation: (a) act of God; (b) civil commotion; (c) riot; (d) strike, picketing or other labor dispute; (e) shortage of materials or supplies; (e) damage to work in progress by reason of fire, flood, earthquake or other casualty; (f) failure, delay or inability of City to provide adequate levels of public services, facilities or infrastructure to the Property including, by way of example only, the lack of Ordinance No. 246 Page 33 water to serve any portion of the Property due to drought; (g) delay caused by a restriction imposed or mandated by a governmental entity other than City; or (h) litigation brought by a third party attacking the validity of this Agreement, a Project Approval, a Subsequent Approval or any other action necessary for development of the Property. 11. Default Provisions. 11.1. Default by Developer. No Developer shall be deemed to have breached this Agreement as a result of a default by any other Developer, but any Developer shall be deemed in breach if it: (a) practices, or attempts to practice, any fraud or deceit upon City; or (b) willfully violates any order, ruling or decision of any regulatory or judicial body having jurisdiction over the Property or the Project, provided that Developer may contest any such order, ruling or decision by appropriate proceedings conducted in good faith, in which event no breach of this Agreement shall be deemed to have occurred unless and until there is a final adjudication adverse to Developer; or (c) fails to make any payments required under this Agreement; or (d) materially breaches any of the provisions of the Agreement and the same is not cured within the time set forth in a written notice of violation from City to Developer, which period of time shall not be less than ten (10) days from the date that the notice is deemed received, provided if Developer cannot reasonably cure the breach within the time set forth in the notice, Developer fails to commence to cure the breach within such time limit and diligently effect such cure thereafter. 11.2. Default by City. City shall be deemed in breach of this Agreement if it: (a) materially breaches any of the provisions of the Agreement and the same is not cure within the time set forth in a written notice of violation from Developer to City, which period shall not be less than ten (10) days from the date the notice is deemed received, provided if City cannot reasonably cure the breach within the time set forth in the notice, City fails to commence to cure the breach within such time limit and diligently effect such cure thereafter. 11.3. Content of Notice of Violation. Every notice of violation shall state with specificity that it is given pursuant to this section of the Agreement, the nature of the alleged breach, and the manner in which the breach may be satisfactorily cured. The notice Ordinance No. 246 Page 34 shall be deemed given on the date that it is personally delivered or on the date that it is deposited in the United States mail, in accordance with Section 20 hereof. 11.4. Remedies for Breach. The Parties acknowledge that remedies at law, including without limitation money damages, would be inadequate for breach of this Agreement by any Party due to the size, nature and scope of the Project. The Parties also acknowledge that it would not be feasible or possible to restore the Property to its natural condition once implementation of the Agreement has begun. Therefore, the Parties agree that the remedies for breach of the Agreement shall be limited to the remedies expressly set forth in this subsection. The remedies for breach of the Agreement by City shall be injunctive relief and/or specific performance. The remedies for breach of the Agreement by a Developer shall be injunctive relief and/or specific performance. In addition, and notwithstanding Subsection 11.5, if the breach is of Subsection 6.11 (parks) or Subsection 6.19 (affordable housing) of this Agreement, City shall have the right to withhold the issuance of building permits to all Developers throughout the Project area from the date that the notice of violation was given pursuant to subsection 11.2 hereof until the date that the breach is cured as provided in the notice of violation. Nothing in this subsection shall be deemed to preclude City from prosecuting a criminal action against any Developer who violates any City ordinance or state statute. 11.5. Violation Limited To Developer in Breach. No breach hereunder by a Developer shall constitute a breach applicable to any other Developer, and any remedy arising by reason of such breach shall be applicable solely to the Developer that committed the breach. Any liability arising by reason of such breach shall be the liability and obligation solely of the Developer that committed the breach. 11.6. Copies of Notices of Violation. At the time that City gives a notice of violation to a Developer, City shall send a copy of the notice to every other Developer who has made a prior written request to receive notices of violation, provided that the request states the name and mailing address of the requester and the request makes specific reference to this section. The copies shall be sent by first class United States mail. 12. Mortgage Protection. At the same time that City gives notice to any Developer of a breach by that Developer, City shall send a copy of the notice to each holder of record of any deed of trust on the portion of the Property in which Developer has a legal interest ( "Financier "), Ordinance No. 246 Page 35 provided that the Financier has given prior written notice of its name and mailing address to City and the notice makes specific reference to this section. The copies shall be sent by United States mail, registered or certified, postage prepaid, return receipt requested, and shall be deemed received upon the third (3rd) day after deposit. Each Financier that has given prior notice to City pursuant to this section shall have the right, at its option and insofar as the rights of City are concerned, to cure any such breach within fifteen (15) days after the receipt of the notice from City. If such breach cannot be cured within such time period, the Financier shall have such additional period as may be reasonably required to cure the same, provided that the Financier gives notice to City of its intention to cure and commences the cure within fifteen (15) days after receipt of the notice from City and thereafter diligently prosecutes the same to completion. City shall not commence legal action against Developer by reason of Developer's breach without allowing the Financier to cure the same as specified herein. Notwithstanding any cure by Financier, this Agreement shall be binding and effective against the Financier and every owner of the Property, or part thereof, whose title thereto is acquired by foreclosure, trustee sale or otherwise. 13. Estoppel Certificate. At any time and from time to time, any Developer may deliver written notice to City and City may deliver written notice to any Developer requesting that such Party certify in writing that, to the knowledge of the certifying Party, (i) this Agreement is in full force and effect and a binding obligation of the Parties, (ii) this Agreement has not been amended, or if amended, the identity of each amendment, and (iii) the requesting Party is not in breach of this Agreement, or if in breach, a description of each such breach. The Party receiving such a request shall execute and return the certificate within thirty (30) days following receipt of the notice. City acknowledges that a certificate may be relied upon by successors in interest to the Developer who requested the certificate and by holders of record of deeds of trust on the portion of the Property in which that Developer has a legal interest. 14. Administration of Agreement. Any decision by City staff concerning the interpretation and administration of this Agreement and development of the Property in accordance herewith may be appealed by the affected Developer to the City Council, provided that any such appeal shall be filed with the City Clerk of City within ten (10) days after the affected Developer receives notice of the staff decision. The City Council shall render its decision to affirm, reverse or modify the staff decision within thirty (30) days after the appeal was filed. The affected Developer shall not seek judicial review of any staff decision without first having exhausted its remedies pursuant to this section. 15. Amendment or Termination by Mutual Consent. In accordance with the provisions of Ordinance No. 59 of City or any successor thereof then in effect, this Agreement may be amended or terminated, in whole or in part, as to any Developer by mutual consent of City Ordinance No. 246 Page 36 and the affected Developer. No amendment shall provide benefits to any Developer on terms more favorable than those provided to Developer by the Project Approvals or this Agreement. 15.1. Exemption for Amendments of Protect Approvals. No amendment to a Project Approval shall require an amendment to this Agreement and any such amendment shall be deemed to be incorporated into this Agreement at the time that the amendment becomes effective, provided that the amendment is consistent with this Agreement. 16. Indemnification. Each Developer shall indemnify, defend with counsel approved by City, and hold harmless City and its officers, employees and agents from and against any and all losses, liabilities, fines, penalties, costs, claims, demands, damages, injuries or judgments arising out of, or resulting in any way from, that Developer's performance pursuant to this Agreement. Developer shall indemnify, defend with counsel approved by City, and hold harmless City and its officers, employees and agents from and against any action or proceeding to attack, review, set aside, void or annul this Agreement or any provision thereof. 17. Time of Essence. Time is of the essence for each provision of this Agreement of which time is an element. 18. Operative Date. This Agreement shall become operative on the date that the Property is annexed to City. 19. Term. This Agreement shall remain in full force and effect for a term of thirty (30) years commencing on its operative date or until the close of escrow on the initial sale of the last Affordable Housing Unit, whichever occurs last, unless said term is amended or the Agreement is sooner terminated as otherwise provided herein. Expiration of the term or earlier termination of this Agreement shall not automatically affect any Project Approval or Subsequent Approval that has been granted or any right or obligation arising independently from such Project Approval or Subsequent Approval. Upon expiration of the term or earlier termination of this Agreement, the Parties shall execute any document reasonably requested by any Party to remove this Agreement from the public records as to the Property, and every portion thereof, to the extent permitted by applicable laws. 20. Notices. All notices and other communications given pursuant to this Agreement shall be in writing and shall be deemed received when personally delivered or upon the third (3rd) Ordinance No. 246 Page 37 day after deposit in the United States mail, registered or certified, postage prepaid, return receipt requested, to the Parties at the addresses set forth in Exhibit "D" attached hereto and incorporated herein. Any Party may, from time to time, by written notice to the other, designate a different address which shall be substituted for the one above specified. 21. Entire Agreement. This Agreement contains the entire agreement between the Parties regarding the subject matter hereof, and all prior agreements or understandings, oral or written, are hereby merged herein. This Agreement shall not be amended, except as expressly provided herein. 22. Waiver. No waiver of any provision of this Agreement shall constitute a waiver of any other provision, whether or not similar; nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. No waiver shall be binding, unless it is executed in writing by a duly authorized representative of the Party against whom enforcement of the waiver is sought. 23. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement shall be effective to the extent the remaining provisions are not rendered impractical to perform, taking into consideration the purposes of this Agreement. 24. Relationship of the Parties. Each Party acknowledges that, in entering into and performing under this Agreement, it is acting as an independent entity and not as an agent of any of the other Parties in any respect. Nothing contained herein or in any document executed in connection herewith shall be construed as creating the relationship of partners, joint ventures or any other association of any kind or nature between City and Developers, jointly or severally. 25. No Third Party Beneficiaries. This Agreement is made and entered into for the sole benefit of the Parties and their successors in interest. No other person shall have any right of action based upon any provision of this Agreement. 26. Recordation of Agreement and Amendments. This Agreement and any amendment thereof shall be recorded with the County Recorder of the County of Ventura by the City Clerk of City within the period required by Ordinance 59 of City or any successor thereof then in effect. 27. Cooperation Between City and Developers. City and each Developer shall execute and deliver to the other all such other and further instruments and documents as may be necessary to carry out the purposes of this Agreement. Ordinance No. 246 Page 38 28. Rules of Construction. The captions and headings of the various sections and subsections of this Agreement are for convenience of reference only, and they shall not constitute a part of this Agreement for any other purpose or affect interpretation of the Agreement. Should any provision of this Agreement be found to be in conflict with any provision of the Project Approvals or the Subsequent Approvals, the provision of this Agreement shall prevail. Should any provision of the Infrastructure and Financing Plan be found to be in conflict with any provision of this Agreement, the provisions of the Infrastructure and Financing Plan shall prevail. 29. Joint Preparation. This Agreement shall be deemed to have been prepared jointly and equally by the Parties, and it shall not be construed against any Party on the ground that the Party prepared the Agreement or caused it to be prepared. 30. Governing Law and Venue. This Agreement is made, entered into, and executed in the County of Ventura, California, and the laws of the State of California shall govern its interpretation and enforcement. Any action, suit or proceeding related to, or arising from, this Agreement shall be filed in the appropriate court having jurisdiction in the County of Ventura. 31. Attorneys' Fees. In the event any action, suit or proceeding is brought for the enforcement or declaration of any right or obligation pursuant to, or as a result of any alleged breach of, this Agreement, the prevailing Party shall be entitled to its reasonable attorneys' fees and litigation expenses and costs, and any judgment, order or decree rendered in such action, suit or proceeding shall include an award thereof. 32. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which constitute one and the same instrument. Ordinance No. 246 Page 39 IN WITNESS WHEREOF, Hidden Creek Ranch, L.P. and City of Moorpark have executed this Development Agreement on the date first above written CITY OF MOORPARK I'M Patrick Hunter, Mayor ATTEST: : Deborah S. Traffenstedt, City Clerk HIDDEN CREEK RANCH, L.P. a California limited Partnership BY: EAST VENTURA HILLS PARTNERS, L.P., a California limited partnership a General Partner BY: MESSENGER PARTNERSHIP XVI, L.P. a California limited partnership, a General Partner BY: MESSENGER INVESTMENT COMPANY, a California corporation, a General Partner ON William S. Messenger, Jr., President William S. Messenger, Jr., a General Partner Ordinance No. 246 Page 40 EXHIBIT A DEVELOPMENT AGREEMENT HIDDEN CREEK RANCH SPECIFIC PLAN SPECIFIC PLAN NO. 8 That portion of Tracts "J" and "K" of Rancho Simi, in the County of Ventura, State of California, said Tracts "J" and "K" are shown on the map recorded in the office of the County Recorder of said County in Book 3, Page 7 of Miscellaneous Records, described as follows: Beginning at the northeast comer of Tract No. 3963 -2 as recorded in the office of said County Recorder in Book 112, Page 45 of Miscellaneous Records, said comer being the east terminus of the 85th course of the Incorporation of the City of Moorpark as recorded in the office of said County Recorder on March 30, 1983 as Document No. 31119 of Official Records; thence, along the existing boundary of said City of Moorpark by the following seven (7) courses: 1 st - North 89 °22'48" West 3250.40 feet; thence, 2nd - South 19 030'17" West 743.13 feet; thence, 3rd - South 60 003'25" West 1657.03 feet; thence, 4th - South 37'54'36" East 1418.87 feet; thence, 5th - North 87 °44'38" West 1338.17 feet; thence, 6th - North 89'25'09" West 1889.89 feet; thence, 7th - North 89'23'04" West 295.00 feet the southeast comer of Lot 5 as shown on the parcel map recorded in the office of said County Recorder in Book 19, Page 5 of Parcel Maps; thence, along the westerly line to and along the westerly line of Lot 3 of said parcel map by the following three (3) courses: 8th -North 7 °04'16" West 1449.17 feet; thence, 9th -North 1 °59'42" West 1423.69 feet; thence, 10th - North 3129'43" West 1289.81 feet to the intersection with the 1't course of the Stratheam Annexation to the Ventura County Waterworks District No. 1 as described in Document No. 137030 recorded on December 12, 1978 in the office of said County Recorder in Book 5281, Page 587 of Official Records; thence, along the boundary of said Stratheam Annexation by the following 147 courses: 11th -North 89 °23'07" West 1379.94 feet; thence, Ordinance No. 246 Page 41 12th - North 0 °36'48" East 1320.04 feet; thence, 13th - South 89 023'09" East 99.99 feet; thence, 14th - North 22 °31'40" West 583.93 feet; thence, 15th - North 22 053'57" East 665.00 feet; thence, 16th - North 28 001'30" East 849.40 feet; thence, 17th - North 16 045'02" West 317.29 feet; thence, 18th - North 8 °56'51" East 449.02 feet; thence, 19th - South 89 035'47" East 2130.70 feet; thence, 20th - North 0 028'50" East 5101.37 feet; thence, 21st - North 56 °39'33" East 28.59 feet; thence, 22nd - North 70'05'46" East 123.37 feet; thence, 23rd - South 43'27'06" East 62.30 feet to the beginning of a curve concaved southwesterly and having a radius of 275.00 feet; thence, along said curve, 24th - Southeasterly and southerly 139.10 feet through a central angle of 28'58'53 "; thence, 25th - South 14028'13" East 22.06 feet; thence, 26th - South 16'27'36" West 46.28 feet to the beginning of a curve concaved easterly and having a radius of 150.00 feet; thence, along said curve, 27th - Southerly 91.35 feet through a central angle of 34'53'42 "; thence, 28th - South 18026'06" East 29.69 feet to the beginning of a curve concaved northeasterly and having a radius of 40.00 feet; thence, along said curve, 29th - Southerly, southeasterly, and easterly 59.06 feet through a central angle of 84'36'13 "; thence, 30th - Noah 76'57'41" East 66.06 feet to the beginning of a curve concaved southerly and having a radius of 250.00 fleet; thence, along said curve, 2 Ordinance No. 246 Page 42 31st - Easterly and southeasterly 191.06 feet through a central angle of 43 047'19 "; thence, 32nd - South 59 °15'00" East 168.27 feet to the beginning of a curve concaved northerly and having a*radius of 125.00 feet; thence, along said curve, 33rd - Southeasterly and easterly 95.29 feet through a central angle of 43 040'34 "; thence, 34th - North 77 004'26" East 111.97 feet; thence, 35th - North 86 °20'17" East 125.26 feet; thence, 36th - North 53 °07'48" East 150.00 feet; thence, 37th - North 64 054'02" East 209.81 'feet; thence, 38th - North 56 012'50" East 463.28 feet to the beginning of a curve concaved southerly and having a radius of 250.00 feet; thence, along said curve, 39th - Northeasterly and easterly 176.87 feet through a central angle of 40 °32'07 "; thence, 40th - South 83 "15'03" East 211.65 feet to the beginning of a curve concaved northerly and having a radius of 200.00 feet; thence, along said curve, 41 st - Easterly and northeasterly 129.50 feet through a central angle of 37 °05'52 "; thence, 42nd - North 59'39'05" East 79.08 feet to the beginning of a curve concaved northwesterly and having a radius of 2000.00 feet; thence, along said curve, 43rd - Northeasterly 353.23 feet through a central angle of 10 °OT09'; thence, 44th - North 49'31'56" East 193.17 feet to the beginning of a curve concaved southerly and having a radius of 100.00 feet; thence, along said curve, 45th - Northeasterly and easterly 68.72 feet through a central angle of 39'22'23 "; thence, 46th - North 88054'19" East 132.39 feet to the beginning of a curve concaved southerly and having a radius of 350.00 feet; thence, along said curve, 47th - Easterly 85.75 feet through a central angle of 14 002'14 "; thence, 48th - South 77'03'27" East 174.90 feet to the beginning of a curve concaved northerly and having a radius of 350.00 feet; thence, along said curve, 49th - Easterly 137.50 feet through a central angle of 22'30'33 "; thence, 3 Ordinance No. 246 Page 43 50th - North 80 °26'00" East 77.88 feet to the beginning of a curve concaved southerly and having a radius of 225.00 feet; thence, along said curve, 51st - Easterly and southeasterly 151.37 feet through a central angle of 38 032'47 "; thence, 52nd - South 61 °01'13" East 192.54 feet; thence, 53rd - South 66 °43'38" East 404.95 feet; thence, 54th - South 53 050'00" East 105.68 feet to the beginning of a curve concaved northerly and having a radius of 60.00 feet; thence, along said curve, 55th - Southeasterly, easterly, and northeasterly 75.60 feet through a central angle of 72 011'32 "; thence, 56th - North 53 °58'28" East 58.44 feet; thence, 57th - North 75'30'00" East 76.00 feet to the beginning of a curve concaved northwesterly and having a radius of 100.00 feet; thence, along said curve, 58th - Easterly, northeasterly, and northerly 97.58 feet through a central angle of 55054'32" to a reverse curve concaved southeasterly and having a radius of 110.00 feet; thence, along said curve, 59th - Northerly, northeasterly, and easterly 111.12 feet through a central angle of 57 052'48 "; thence, 60th - North 77'2816" East 111.87 feet; thence, 61st - North 71614'59" East 148.61 feet; thence, 62nd - North 71' 15'02" East 45.01 feet; thence, 63rd - South 85'59'09" East 246.26 feet; thence, 64th - North 88'18'25" East 214.85 feet; thence, 65th - South 81717'42" East 312.84 feet; thence, 66th - North 83'35'44" East 262.46 feet; thence, 67th - South 67054'46" East 75.20 feet; thence, 68th - South 56 057'50" East 97.22 feet; thence, 4 Ordinance No. 246 Page 44 69th - South 71016'27" East 211.81 feet; thence, 70th - South 69 °26'38" East 410.55 feet to the beginning of a curve concaved northerly and having a radius of 500.00 feet; thence, along said curve, 71st - Easterly 172.80 feet through a central angle of 19048'04 "; thence, 72nd - South 89 014'42" East 152.59 feet to the beginning of a curve concaved southerly and having a radius of 250.00 feet; thence, along said curve, 73rd - Easterly and southeasterly 189.38 feet through a central angle of 43 °24'08" to a reverse curve concaved northerly and having a radius of 150.00 feet; thence, along said curve, 74th - Southeasterly and easterly 167.06 feet through a central angle of 63 048'40 "; thence, 75th - North 70 °20'46" East 75.00 feet; thence, 76th - North 84 003'11" East 96.52 feet; thence, 77th - North 56 °53'19" East 164.75 feet; thence, 78th - North 62 011'54" East 226.74 feet; thence, 79th - South 86 °36'49" East 232.84 feet; thence, 80th - North 86 °14'54" East 61.13 feet; thence, 81st - South 69 026'38" East 59.81 feet; thence, 82nd - South 51 °54'40" East 47.01 feet; thence, 83rd - South 71'33'54" East 56.92 feet; thence, 84th - South 44'43'27" East 98.53 feet; thence, 85th - South 45'08'10" East 81.18 feet to the beginning of a curve concaved northerly and having a radius of 225.00 feet; thence, along said curve, 86th - Southeasterly and easterly 203.66 feet through a central angle of 51'51'44 "; thence, 87th - North 83 000'06" East 337.50 feet; thence, 5 Ordinance No. 246 Page 45 88th - North 75 009'24" East 380.64 feet to the beginning of a curve concaved southerly and having a radius of 250.00 feet; thence, along said curve, 89th - Easterly 110.73 feet through a central angle of 25 °22'36 "; thence, 90th - South 79 °28'00" East 108.87 feet to the beginning of a curve concaved northerly and having a radius of 800.00 feet; thence, along said curve, 91 st - Easterly 371.29 feet through a central angle of 26 035'30 "; thence, 92nd - North 73 °56'30" East 171.87 feet to the beginning of a curve concaved southerly and having a radius of 250.00 feet; thence, along said curve, 93rd - Easterly 141.89 feet through a central angle of 32 °31'06 "; thence, 94th - South 73'32'24" East 63.85 feet to the beginning of a curve concaved northerly and having a radius of 350.00 feet; thence, along said curve, 95th - Easterly 151.30 feet through a central angle of 24 °46'06 "; thence, 96th - North 81'41'30" East 241.90 feet to the beginning of a curve concaved northerly and having a radius of 300.00 feet; thence, along said curve, 97th - Easterly and northeasterly 138.84 feet through a central angle of 26 030'58; thence, 98th - North 55 010'32" East 50.28 feet; thence, 99th - North 67 °04'04" East 84.69 feet; thence, 100th - North 69 °21'11" East 236.05 feet to the beginning of a curve concaved northwesterly and having a radius of 450.00 feet; thence, along said curve, 101st - Easterly and northeasterly 323.23 feet through a central angle of 41'09'19 "; thence, 102nd - North 28'11'52" East 173.95 feet; thence, 103rd - North 20'33'22" East 68.35 feet; thence, 104th - North 21'24'27" East 44.64 feet to the beginning of a curve concaved southeasterly and having a radius of 100.00 feet; thence, along said curve, 105th - Northerly, northeasterly, and easterly 141.12 feet through a central angle of 80 051'26 "; thence, D Ordinance No. 246 Page 46 106th - South 77 °44'07" East 64.84 feet; thence, 107th - South 59 026'10" East 147.49 feet; thence, 108th - South 72 047'02" East 222.99 feet; thence, 109th - North 74 030'00" East 228.02 feet to the beginning of a curve concaved northerly and having a radius of 450.00 feet; thence, along said curve, 110th - Easterly and northeasterly 107.17 feet through a central angle of 13 °38'45 "; thence, 111 th - North 60051'15" East 15.30 feet; thence, 112th - North 69 °48'51" East 72.45 feet; thence, 113th - South 86 °49'13" East 20.77 feet to the beginning of a curve concaved northerly and having a radius of 225.00 feet; thence, along said curve, 114th - Easterly and northeasterly 135.26 feet through a central angle of 34 °26'36 "; thence, 115th - North 58 °44'11" East 36.28 feet; thence, 116th - North 65 004'17" East 156.59 feet to the beginning of a nontangent curve concaved southeasterly, having a radius of 350.00 feet, and having a radial to said beginning of said curve bearing North 44051'50" West; thence, along said curve, 117th - Northeasterly and easterly 238.39 feet through a central angle of 39 °01'28 "; thence, 118th - North 84009'38" East 185.67 feet; thence, 119th - North 74.3900" East 52.89 feet; thence, 120th - North 62006'10" East 177.02 feet; thence, 121 st - South 0'4958" West 6274.59 feet; thence, 122nd - South $9'33'21" East 4594.55 feet; thence, 123rd - South 59'39'43" West 186.08 feet; thence, 124th - South 40 °01'49" West 326.50 feet; thence, 125th - South 66 °15'02" West 546.26 feet; thence, 7 Ordinance No. 246 Page 47 126th - South 25 °27'44" West 465.19 feet; thence, 127th - South 9 °27'44" West 304.14 feet; thence, 128th - South 3 005'39" East 370.54 feet; thence, 129th - South 16 041'57" West 730.82 feet; thence, 130th - South 23 °35'41" West 474.68 feet; thence, 131 st - South 3 °20'02" East 461.56 feet; thence, 132nd - South 18 °26'06" West 252.98 feet; thence, 133rd - South 15 °56'43" East 364.01 feet; thence, 134th - South 8 052'50" West 67.90 feet; thence, 135th - WEST 350.33 feet; thence, 136th - SOUTH 506.22 feet; thence, 137th - South 62'21' 14" West 552.65 feet; thence, 138th - South 36'28'09" West 286.01 feet; thence, 139th - South 82'52'30" West 806.23 feet; thence, 140th - South 62'31'32" West 281.78 feet; thence, 141 st - South 28'48'39" West 456.51 feet; thence, 142nd - South 1'50'51" West 310.16 feet; thence, 143rd - South 36'05'54" West 594.05 feet; thence, 144th - South 59055'53" West 219.55 feet; thence, 145th - South 79'33'45" West 386.39 feet; thence, 146th - North 77'59'19" West 480.52 feet; thence, 147th - South 86 "15'25" West 1072.29 feet; thence, a Ordinance No. 246 Page 48 148th - South 17 °21'30" West 776.07 feet to the existing boundary of said City of Moorpark; thence, along said boundary by the following ten (10) courses. 149th - North. 89 °33'21" West 844.98 feet; thence, 150th - South 0 026'39" West 660.00 feet; thence, 151st - North 89 °33'21" West 2496.79 feet; thence, 152nd - North 9 °59'29" West 163.79 feet; thence, 153rd - North 62 058'06" West 267.24 feet; thence, 154th - North 25 014'06" West 252.32 feet; thence, 155th - North 41 "19'06" West 136.00 feet; thence, 156th - North 65 °51'38" West 284.04 feet; thence, 157th - North 0 °37'10" East 1844.08 feet to the point of beginning and containing 4360.11 acres. 1998:98 -33A DOC i iL ulv_._... aml n roaam mowwm. Oac N. In0011 • r s 3.00 PPKWO�AMWaMT N@01Nd11t OUT • w tti Pr d Iran 'r w w' a Pa — Lw n —..." y varwaa swmaIC lan►pr]YR I Ordinance No. 246 Page 50 Exhibit "B" DEVELOPMENT AGREEMENT for Specific Plan No. 8 Properties Owned or Controlled by Hidden Creek Ranch. L.P. Parcel Acres Exhi it - Parcel 1, Parcel Map Waiver No. 866 746.03 acs. 1 - Parcel 2, Parcel Map Waiver No. 866 994.55 acs. 1 - Parcel 3, Parcel Map Waiver No. 866 1,181.80 acs. Scribner - Parcel 4, Parcel Map Waiver No. 866 883.28 acs. 1 - Lot 5, Parcel Map 3220 -1 45.00 acs. 2 - Lot 6, Parcel Map 3220 -1 44.99 acs. 2 - Lot 4, Parcel Map 3220 -1 54.28 acs. 2 - Lot 3, Parcel Map 3220 -1 54.60 acs. 2 - Lot 2, Parcel Map 3220 -1 44.31 acs. 2 - Parcel 1 of that portion of Track K Lindquist Trust Parcel 2, 46PM7 of the Rancho Simi, County of Ventura, 5 500-0-280-004, State of California, as per map thereof Parcel 8, 19PM5 40.69 recorded in Book 3, page 7 of Maps, in Capital Co. the office of the County Recorder of Ventura County 85.99 acs. 3 - Parcel 3 and 4, Parcel Map 19 PM 6 81.18 acs. 4 Properties Owned by Parties Other Than Hidden Creek Ranch, L.P. APN Owner Parcel Acres Exhibit 500 -0- 170 -028 Ken N. /Sharon Lot 1, PM 3220 -1 42.48 2 Scribner 500 -0- 170 -034 Ralph D/ Georgia Parcels 1&2, 34PM34 88.95 5 500 -0- 170 -035 Mahon 500 -0- 170 -036 Waters Parcel 1, 46PM7 45.99 5 500 -0- 170 -037 Lindquist Trust Parcel 2, 46PM7 41.30 5 500-0-280-004, Ventura Pacific Parcel 8, 19PM5 40.69 4 Capital Co. 500 -0- 280 -017 Moorpark College 4.39 6 500 -0- 280 -019 William Obrian/ Parcel 7, 19PM5 40.32 4 Marianne Trust 500 -0- 280 -020 Ventura Pacific Parcel 5, 19PM5 40.76 4 Capital Co. 500 -0- 280 -021 Sunshine Ranch Parcel 6, 19PM5 40.24 4 (Namba) Ordinance No. 246 Page 51 EXHIBIT 1 EXHIBIT A PARCEL MAP WAIVER NO 366 (LARGE LOT SUBDIVISIO.VI P a RCEL i THOSE PORTIONS OF TRACTS J AND K OF RANCHO SIMI, IN THE COUNTY OF VENTURA. STATE OF CALIFORNIA. AS PER MAP RECORDED IN BOOK 3, PAGE 7 OF.WISCELLANEOUS RECORDS lwAPSj. Lv THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY DESCRIBEDAS FOLLOWS. BEGINNING AT THE NORTHEASTERLYCORNER OF PARCEL 8 OF PARCEL MAP FILED IN BOOK 19 PAGES .i AND 6 OF PARCEL MAPS, IN SAID OFFICE OF THE COUNTY RECORDER: THENCE ALONG THE :NORTHERL Y LINE OF SAID PARCEL MAP, 1ST. . :FORTH 89 °32'48" WEST 1369.61 FEET TO THE EASTERL Y LINE OF PARCEL MAP NO. 3220 -1 FILED IN BOOK 31 PAGES 75, 76 AND 77 OF PARCEL MAPS, IN SAID OFFICE OF THE COUNTY RECORDER. THENCE ALONG SAID EASTERLY LINE. 2ND. ,NORTH 0 '20'33" EAST 5311.35 FEET TO THE SOUTHERLY LINE OF SECTION 22, TOWNSHIP 3 VORTH. RANGE 19 WEST OF SAID RANCHO: THENCE ALONG SAID SOUTHERLY LINE. 3RD NORTH 89'3547" WEST 2640.00 FEET TO THE WEST LINE OF THE EAST HALF OF SAID SECTION 22. BEING THE SOUTHERLY TERMINUS OF THAT CERTAIN COURSE HAVING A BEARING AND LENGTH OF SOUTH 0'28'50" WEST 5101.37 FEET IN-THE EASTERLYLINE OF THE DEED TO THE STATE OF CALIFORNIA RECORDED IN BOOK 4219, PAGE 364 OF OFFICIAL RECORDS, IN SAID OFFICE OF THE COUNTY RECORDER: THENCE ALONG THE BOUNDARY OF SAID DEED THE FOLLOWING FIFTY COURSES. 4TH. NORTH 0 '28'50" EAST 5101.37 FEET: THENCE, STN: NORTH56'39'33 "EAST 28.59FEET: THENCE, 6TH . NORTH 70 '05'46" EAST 123.37 FEET: THENCE, 7TH SOUTH 43 '27'06" EAST 62.30 FEET TO THE BEGINNING OFA TANGENT CURVE CONCAVE SOUTHWESTERLYAND HAVING A RADIUSOF275.00 FEET: THENCE. 8TH: SOUTHEASTERLYALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 28'5853"A DISTANCE OF 139 10 FEET. THENCE TANGENT TO SAID CURVE, 9TH- SOUTH 14'28'13 "EAST 22.06 FEET; THENCE, 10TH SOUTH 16 027'36" WEST 46.28 FEET TO THE BEGINNING OFA TANGENT CURVE CONCAVE EASTERLYAND HAVING A RADIUS OF 150.00 FEET: THENCE, 11TH : SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 34 053'42 " A DISTANCE OF 91.36 FEET: THENCE TANGENT TO SAID CURVE, 12TH: SOUTH 18 026'06" EAST 29.69 FEET TO THE BEGINNING OFA TANGENT CURVE CONCAVE NORTHEASTERLYAND HAVING A RADIUS OF40.00 FEET: THENCE. PAGE I OF 9 Ordinance No. 246 Page 52 13TH SOUTHEASTERLY AND EASTERLYALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 84 '36'13"A DISTANCE OF 59 06 FEET. THENCE TANGENT TO SAID CURVE 14TH FORTH 76 '57'41 " EAST 66 06 FEET TO THE BEGINNIAG OFA T NGE.VT CC R;'E CO :VC.a VE SOUTHERLYANU HAVING A RADIUS OF 250 00 FEET. THENCE. 15TH EASTERLY.ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 43 -47'19" A DISTa.%CE OF 191 06 FEET. THENCE TANGENT TO SAID CURVE. 16TH . SOUTH 59 015'00" EAST 168.27 FEET TO THE BEGINNING OFA TANGENT CURVE CONCH VE NORTHERLYAND HAVING A RADIUS OF 125.00 FEET: THENCE. 17TH EASTERLYALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 43 °40"34 "A DISTANCE OF 95.29 FEET: THENCE TANGENT TO SAID CURVE. 18TH: NORTH 77 °04'26" EAST 111.97 FEET: THENCE.', 19TH: NORTH 86 020'17" EAST 125.26 FEET: THENCE, 20TH: NORTH 53 °07'48 " EAST 150.00 FEET: THENCE, 21ST NORTH 64 054'02" EAST 209.81 FEET: THENCE, 22ND: NORTH 56 °12'50" EAST 463.28.FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLYAND HAVING A RADIUS OF 250.00 FEET; THENCE, 23RD- EASTERL YAL ONG SAID CURVE THROUGH A CENTRAL ANGLE OF 40 °32'07" A DISTANCE OF 176.87 FEET: THENCE TANGENT TO SAID CURVE, 24TH SOUTH 83 °15'03 " EAST 211.65 FEET TO THE BEGINNING OFA TANGENT CURVE CONCAVE NORTHERLYAND HAVING A RADIUS OF200 00 FEET; THENCE. 25TH.- EASTERLYALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 37 °05'52 "A DISTANCE OF 129.50 FEET. THENCE TANGENT TO SAID CURVE, 26TH: NORTH 5939'05" EAST 79.08 FEET TO THE BEGINNING OFA TANGENT CURVE CONCAVE NORTHWESTERLYAND HAVING RADIUS OF 2000.00 FEET; THENCE. 27TH: NORTHEASTERL YA LONG SAID CURVE THROUGH CENTRAL ANGLE OF 10 °07'09" A DISTANCE OF 353.23 FEET; THENCE TANGENT TO SAID CURVE. 28TH: NORTH 49 °31'56" EAST 193.17 FEET TO THE BEGINNING OFA TANGENT CURVE CONCAVE SOUTHEASTERLYAND HAVING A RADIUS OF 100.00 FEET: THENCE. 29TH: NORTHEASTERLYALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 39 22'23" A DISTANCE OF 68.72 FEET; THENCE TANGENT TO SAID CURVE, 30TH: NORTH 88 °54'19" EAST 132.39 FEET TO THE BEGINNING OFA TANGENT CURVE CONCAVE SOUTHERLYAND HAVING A RADIUS OF 350.00 FEET; THENCE, 31ST: EASTERLYALONG SAID CURVE THROUGH CENTRAL ANGLE OF 14 °02'14 "A DISTANCE OF85.75 FEET; THENCE TANGENT TO SAID CURVE, PAGE 2 OF 9 Ordinance No. 246 Page 53 3 2ND SOUTH 77'03'27" EAST 174 90 FEET TO THE BEGINNING OF TANGENT CURVE CONC 4 VE VORTHERLYAND HAVING A RADIUS OF 350 00 FEET: THENCE. 33RD E,4STERLYALONG SAID CURVE THROUGHA CENTRAL ANGLE OF 22 30'33 ".4 DISTANCE OF 137 30 FEET. THENCE TANGENT TO SAID CURVE. 34TH NORTH 80'26'00" EAST 77.88 FEET TO THE BEGINNING OF TANGENT CURVE CONCAVE SOUTHERLYAND HAVING A RADIUS OF 225.00 FEET. THENCE, 35TH: EASTERLYALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 38 °32'47" .4 DISTANCE OF 151.37 FEET. THENCE TANGENT TO SAID CURVE, 36TH: SOUTH 61 001'13" EAST 192.54 FEET: THENCE, 37TH: SOUTH 66 °43'38" EAST 404.95 FEET: THENCE. 38TH: SOUTH 53 °50'00" EAST 105 68 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHERLYAND HAVING A RADIUS OF60.00 FEET: THENCE, 39TH: EASTERLYALONG SAID CURVE THROUGH CENTRAL ANGLE OF 72 °11'32" A DISTANCE OF 75.60 FEET: THENCE TANGENT TO SAID CURVE, 40TH: NORTH 53 °5828" EAST 58.44 FEET: THENCE, 41ST: NORTH 75 °30'00" EAST 76.00 FEET TO THE BEGINNING OFA TANGENT CURVE CONCAVE NORTHWESTERLYAND HAVING A RADIUS OF 100.00 FEET: THENCE, 42ND- NORTHEASTERL YA LONG SAID CURVE THROUGH A CENTRAL ANGLE OF 55 °54'32 "A DISTANCE OF 97.58 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 110.00 FEET: THENCE, 43RD: NORTHEASTERLYALONG SAID CURVE THROUGH CENTRAL ANGLE OF 57 °52'48" A DISTANCE OF 111.12 FEET: THENCE TANGENT TO SAID CURVE. 44TH: NORTH 7728'16" EAST 1 11.87 FEET; THENCE, 45TH: NORTH 71 °14'59" EAST 148.61 FEET. THENCE, 46TH: NORTH 71 °15'02" EAST 45.01 FEET, THENCE, 47TH: SOUTH 85 °59'09" EAST 246.26 FEET; THENCE. 48TH: NORTH 88 °18'25" EAST 214.85 FEET: THENCE. 49TH. SOUTH 81 017'42" EAST 312.84 FEET: THENCE, 50TH. NORTH 83 03544" EAST 262.46 FEET: THENCE, 51ST: SOUTH 6754'46" EAST 75.20 FEET; THENCE, 52ND: SOUTH 56 °57'50" EAST 97.22 FEET; THENCE, PAGE 3 OF 9 Ordinance No. 246 Page 54 .i3RD SOUTH 71 °16'27" EAST 111.81 FEET. THENCE. 34TH SOUTH 29'40'.15" WEST 4372 64 FEET THENCE. 5-5TH SOUTH 0 °35'50" WEST 6838.05 FEET TO THE POINT OF BEG[V ING CO.VTAINI:VG ,'46.03 ACRES. PARCEL 2 THOSE PORTIONS OF TRACTS J AND K OF RANCHO SIMI, IN THE COUNTY OF VENTL•'RA. STATE OF CALIFORNIA. AS PER MAP RECORDED IN BOOK 3, PAGE 7 OF MISCELLANEOUS RECORDS MAPS). IN THE OFFICE OF THE COUNTY RECORDER OFSAID COUNTY, DESCRIBED AS FOLLOWS BEGINNING AT THE NORTHEASTERLYCORNER OF PARG.EL 8 OF PARCEL MAP FILED IN BOOK 19 PAGES 5 AND 6 OF PARCEL MAPS, IN SAID OFFIC9 OF THE COUNTY RECORDER: THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL MAP. IST: SOUTH89 °22'18" EAST 3150.2! FEET TO THE NOR THEA S TERL Y CORNER OF PARCEL 14 OF SAID PARCEL MAP: THENCE ALONG THE PROLONGATION OF SAID LINE, 2ND: SOUTH 8922'48" EAST 660.00 FEET: THENCE. 3RD: NORTH 8'12'01 "EAST 5797.17 FEET: THENCE, 4TH: NORTH 3222'26" WEST 1314.69 FEET: THENCE, 5TH: NORTH 26 °00'22" EAST 4062.46 FEET TO A POINT IN THE SOUTHERLY LINE OF THE DEED TO THE STATE OF CALIFORNIA RECORDED IN BOOK 4219, PAGE 364 OF OFFICIAL RECORDS, IN SAID OFFICE OF THE COUNTY RECORDER: SAID POINT BEING THE WESTERLY TERMINUS OF THE 53RD COURSE OFSAID DEED HAVING A BEARING AND LENGTH OFSOUTH 73 056'30" WEST 171.87 FEET. THENCE ALONG SAID SOUTHERLYBOUNDARY THE FOLLOWING TWENTY TWO COURSES. 6TH: WESTERLYALONG A CURVE CONCAVENORTHERLY, HAVING A RADIUS OF800.00 FEET, BEING TANGENT TO SAID 53RD COURSE, THROUGH A CENTRAL ANGLE OF 16 035'30 "A DISTANCE OF 371.29 FEET: THENCE TANGENT TO SAID CURVE. 7TH: NORTH 79 028'00" WEST 108.87 FEET TO THE BEGINNING OF A TANGENT CURVE CONCH VE SOUTHERLYAND HAVING A RADIUS OF 250.00 FEET: THENCE. 8TH: WESTERLYALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 25 °21'36" A DISTANCE OF 110.73 FEET: THENCE TANGENT TO SAID CURVE. 9TH: SOUTH 75 °0974" WEST 380.64 FEET: THENCE. 10TH: SOUTH 83 °00'06" WEST 337.50 FEET TO THE BEGINNING OFA TANGENT CURVE CONCAVE NOR THERLYAND HAVING A RADIUS OF 225.00 FEET: THENCE, 11TH. WESTERLYALONG SAID CURVE THROUGH CENTRAL ANGLE OF51 051,44 "A DISTANCE OF 203.66 FEET: THENCE TANGENT TO SAID CURVE, PAGE 4 OF 9 Ordinance No. 246 Page 55 12TH ,NORTH 45 '08'10" WEST 81 18 FEET. THENCE. 13TH .NORTH 44 '43'27" WEST 98 53 FEET. THENCE. 14TH NORTH 71 '33'54" WEST 56.92 FEET. THENCE. 15TH NORTH 51 °54'40" WEST 47 01 FEET. THENCE, 16TH. ,NORTH 69 '26'38" WEST 59.81 FEET; THENCE, 17TH.- SOUTH 86 °14'54" WEST 61.13 FEET. THENCE. 18TH: NORTH 86 °36'49" WEST 232.84 FEET; THENCE, 19TH. SOUTH 62 °11'54" WEST 226.74 FEET: THENCE, 20TH: SOUTH 56 °53'19" WEST 164.75 FEET; THENCE, 21ST: SOUTH 84 °03'11 " WEST 96.52 FEET; THENCE, 22ND: SOUTH 70'20'46" WEST 75.00 FEET TO THE BEGINNING OFA TANGENT CURVE CONCAVE NORTHERLYAND HAVING A RADIUS OF 150.00 FEET: THENCE. 23RD : WESTERL YA LONG SAID CURVE THROUGH A CENTRAL ANGLE OF 63 '48'40 "A DISTANCE OF 167.06 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 250.00 FEET; THENCE. 24TH: WESTERLYALONG SAID CURVE THROUGH CENTRAL ANGLE OF 43 °24'08 "A DISTANCE OF 189.38 FEET: THENCE TANGENT TO SAID CURVE, 25TH: NORTH 89 014'42" WEST 152.59 FEET TO THE BEGINNING OFA TANGENT CURVE CONCAVE NORTHERLYAND HAVING A RADIUS OF500.00 FEET; THENCE, 26TH: WESTERLYALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 19 °48'04" A DISTANCE OF 172.80 FEET; THENCE TANGENT TO SAID CURVE, 27TH: NORTH 69 °26'38" WEST 410.55 FEET; THENCE, 28TH: SOUTH 29 040'55" WEST 4372.64 FEET; THENCE, 29TH: SOUTH 0 °35'50" WEST 6838.05 FEET TO THE POINT OF BEGINNING. CONTAINING 994.55 ACRES PAGE 5 OF 9 Ordinance No. 246 Page 56 PARCEL 3 THOSE PORTIONS OF TRACTS J A;VD K OF R.4.�'CHO .Sl X11 I THE COUNTY OF VE.v Tb.RA. STA TE OF CALIFORNIA. AS PER MAP RECORDED IN BOOK 3. PAGE 7 OF MISCELLANEOUS RECORDS (MAPS) IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY DESCRIBED A.S FOLLOWS BEGINNING AT THE NORTHEASTERLYCORNER OF PARCEL 14 OF PARCEL MAP FILED IN BOOK 19 PAGES 5 AND 6 OF PARCEL MAPS. IN SAID OFFICE OF THE COUNTY RECORDER. THE.%`CE A LONG THE EA.STERL 1' PROLONGATION OF THE NORTHERLYLINE OFSAID PARCEL AP. IST : SOUTH 89 °12'48" EAST 660.00 FEET: THENCE, 2ND. ,NORTH 8 '12'01 "EAST 5797.17 FEET.- THENCE, 3RD: NORTH 32'22'26" WEST 1314.69 FEET: THENCE. 4TH: NORTH 26 °00'22" EAST 4062.46 FEET TO A POINT IN THE SOUTHERLY LINE OF THE DEED TO THE STATE OF CALIFORNIA RECORDED IN BOOK 4219, PAGE 364 OF OFFICIAL RECORDS. IN SAID OFFICE OF THE COUNTY RECORDER: SAID POINT BEING, THE WESTERLY TERMINUS OF THE 53RD COURSE OF SAID DEED HAVING A BEARING AND LENGTH OF SOUTH 73 056'30" WEST 17187 FEET. THENCE ALONG SAID SOUTHERLY BOUNDARY THE FOLLOWING TWENTYNINE COURSES, 5TH: NORTH 73 °56'30" EAST 171.87 FEET TO THE BEGINNING OFA TANGENT CURVE CONCAVE SOUTHERLYAND HAVING A RADIUS OF 250.00 FEET. THENCE, 6TH: EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 32 °31'06" A DISTANCE OF 141.89 FEET; THENCE TANGENT TO SAID CURVE, 7TH : SOUTH 73 032'24" EAST 63.85 FEET TO THE BEGINNING OFA TANGENT CURVE CONCAVE NORTHERLYAND HAVING A RADIUS OF 350.00 FEET: THENCE, 8TH.- EASTERLYALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 24 046'06" A DISTANCE OF 151.30 FEET: THENCE TANGENT TO SAID CURVE, 9TH: ;NORTH 81 °41'30" EAST 241.90 FEET TO THE BEGINNING OFA TANGENT CURVE CONCAVE NORTHWESTERLYAND HAVING A RADIUS OF 300.00 FEET: THENCE. LOTH: NORTHEASTERLYALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 26 °30'58" A DISTANCE OF 138.84 FEET: THENCE TANGENT TO SAID CURVE. 1 I TH: NORTH 55'10'32" EAST 50.28 FEET; THENCE, 12TH: NORTH 67'04'04" EAST 84.69 FEET: THENCE. 13TH : NORTH 69 '2 1'11 "EAST 236.05 FEET TO THE BEGINNING OFA TANGENT CURVE CONCAVE NORTHWESTERLYAND HAVING A RADIUS OF 450.00 FEET: THENCE, 14TH: NORTHEASTERL YA LONG SAID CURVE THROUGH A CENTRAL ANGLE OF 41 °09'19" A DISTANCE OF 323.23 FEET: THENCE TANGENT TO SAID CURVE, 15TH: NORTH 28 *11'52" EAST 173.95 FEET: THENCE, PAGE 6 OF 9 Ordinance No. 246 Page 57 16TH NORTH 20'33'22" EAST 68.35 FEET. THENCE. 17TH FORTH 21 324'-17" EAST 44 64 FEET TO THE BEGINNING OFA TANGENT CURVE CONCA VE SOUTHEASTERLYA;'ND HAVING A RADIUS OF 100 00 FEET THENCE. 18TH NORTHEASTERLYAN'D EASTERLYALONG SAID CURVE THROUGHA ANTRAL ANGLE OF 80 '51'26"A DISTANCE OF 1.11 12 FEET; THENCE TA,VGE,VT TO SAID CURVE. 19TH SOUTH 77'44'07" EAST 64.84 FEET. THENCE, 20TH: SOUTH 5926'10" EAST 147.49 FEET: THENCE, 21ST- SOUTH 72 '47'02" EAST 222.99 FEET; THENCE, 22ND NORTH 74 '30'00" EAST 228.02 FEET TO THE BEGINNING OF A TANGENT CURVE CON'CA VE NORTHWESTERL Y A ND HAVING A RADIUS OF 450.00 FEET; THENCE, 23RD. NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 13 '38'45 "A DISTANCE OF 107.17 FEET. THENCE TANGENT TO SAID CURVE, 24TH: ,'NORTH 60'51'15" EAST 15.30 FEET: THENCE, 25TH: NORTH 69 '48'51 " EAST 72.45 FEET: THENCE. 26TH: SOUTH 86 '49'13" EAST 20.77 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 225.00 FEET; THENCE, 27TH.- EASTERLYALONG SAID CURVE THROUGH CENTRAL ANGLE OF 3!'2636" A DISTANCE OF 135.26 FEET: THENCE TANGENT TO SAID CURVE. 18TH. NORTH 58 04471 " EAST 36.18 FEET: THENCE. 29TH. NORTH 65 004'17" EAST 156.59 FEET TO THE BEGINNING OF A NON - TANGENT CURVE CONCAVE SOUTHEASTERLYAND HAVING A RADIUS OF 350.00 FEET, A RADIAL LINE OFSAID CURVE TO SAID BEGINNING BEARS NORTH 44 051'50" WEST: THENCE, 30TH: NORTHEASTERLYALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 39'01'28" A DISTANCE OF 238.39 FEET; THENCE TANGENT TO SAID CURVE, 31ST. NORTH 84 009'38" EAST 185.67 FEET; THENCE, 32ND: NORTH 74'39'00" EAST 52.89 FEET: THENCE, 33RD: NORTH 62 006'10" EAST 177.02 FEET TO THE WESTERLY LINE OF SECTION 18, TOWNSHIP 3 NORTH. RANGE 18 WEST OF SAID RANCHO; THENCE ALONG SAID WESTERLY LINE AND ALONG THE WESTERL Y LINE OF SECTION 19 OF SAID RANCHO, 34TH: SOUTH 0'4958" WEST 6274.59 FEET TO THE SOUTHWESTERLY CORNER OF SAID SECTION 19: THENCE ALONG THE WESTERLY PROLONGATION OF THE SOUTHERLY LINE OF SAID SECTION 19, 35TH. NORTH 89'33'21 " WEST 1500.00 FEET; THENCE. PAGE 7OF9 Ordinance No. 246 Page 58 36TH: SOUTH 0 °21'55" WEST 4800 00 FEET. THENCE. 37TH SOUTH 11 008'07" WEST 1760..17 FEET. THENCE. 38TH SOUTH 18'59'48" WEST 770.02 FEET TO THE NORTHERLYLLVE OF THE SOUTHH.4LF OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF SECTION 36. TOWNSHIP 3 ,FORTH. RANGE 19 WEST OF SAID RANCHO. BEING A POINT IN THE SOUTHERLY BOUNDARY OF THE LAND DESCRIBED IN THE DEED TO KAYINVESTMENTS, INC.. RECORDED IN BOOK 3264. PAGE 315 OFOFFICIAL RECORDS. IN SAID OFFICE OF THE COUNTY RECORDER: THENCE ALONG SAID LLVE AND BOUNDARY THE FOLLOWL. G THREE COURSES. 39TH: ,'NORTH 89 °33'21 "WEST 575.00 FEET TO THE EASTERLY LINE OF THE NORTHWEST QUARTER OF SAID SECTION 36: THENCE ALONG THE EASTERL YAND SOUTHERLY LINES OF SAID NORTHWEST QUARTER THE FOLLOWING TWO COURSES, 40TH SOUTH 0 *2639" WEST 660.00 FEET, THENCE, '• 41ST: ,NORTH 89 °33'21 " WEST 2243.77 FEET TO THE SOUTHEASTERLY CORNER OF THE LAND DESCRIBED INDEED TO VENTURA COUNTY COMMUNITY COLLEGE DISTRICT RECORDED OCTOBER 24, 1983 AS DOCUMENT NO. 121207 OFSAID OFFICIAL RECORDS: THENCEALONG THE BOUNDARY OFSAID DEED THE FOLLOWING EIGHT COURSES, 42ND NORTH 24 00529" WEST 469.04 FEET; THENCE, 43RD NORTH 32 °2423" WEST 59.24 FEET; THENCE. 44TH : NORTH 26 °31'43" WEST 119.20 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE EASTERL YAND HAVING A RADIUS OF 186.45 FEET: THENCE. 45TH.- NORTHERLYALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 27 °34'40" A DISTANCE OF 89.74 FEET; THENCE TANGENT TO SAID CURVE, 46TH ,NORTH 1 °02'57" EAST 299.79 FEET; THENCE, 47TH ,NORTH 11 '11'43" EAST 163.59 FEET. THENCE, 48TH: SOUTH 6846'29" WEST 409.21 FEET; THENCE, 49TH: SOUTH 19 °50'58" WEST 368.64 FEET TO THE NORTHERLY LINE OF THE DEED TO VENTURA COUNTYJUNIOR COLLEGE DISTRICT IN BOOK 2450. PAGE 537 OFSAID OFFICIAL RECORDS. THENCE ALONG SAID NORTHEASTERL Y LINE, 50TH: NORTH 65 °51'38" WEST 230.80 FEET TO THE EASTERLY LINE OF SAID PARCEL MAP RECORDED IN BOOK 19, PAGE 6 OF PARCEL MAPS: THENCE ALONG SAID EASTERLY LINE, 51ST.. NORTH 0 °37'10" EAST 1844.08 FEET TO THE POINT OF BEGINNING. CONTAINING 1181.80 ACRES. PAGE 8 OF 9 Ordinance No. 246 Page 59 PARCEL a THAT PORTION OF TRACT J OF RANCHO SIMI. IN THE COUNTY OF VENTURA. STATE OF CALIFORNIA AS PER MAP RECORDED IN BOOK 3. PAGE 7 OF MISCELLANEOUS RECORDS (MAPS). 1A, THE OFFICE OF THE COUNTY RECORDER OFSAID COUNTY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLYCORNER OFSECTION 30. TOWNSHIP 3 NORTH. RANGE 18 WEST OF SAID RANCHO: THENCE ALONG THE WESTERLYPROLONGATION OF THE NORTHERLYLINE OFSAID SECTION 30. 1ST NORTH 89 033'21 " WEST 1500.00 FEET. THENCE, 2ND. SOUTH 0 °21'55 " WEST 4800.00 FEET: THENCE. 3P-D: SOUTH 11 °08'07" WEST 1760.57 FEET. THENCE. 4TH: SOUTH 18 *59'48" WEST 770.02 FEET TO THE NORTHERLY LINE OF THE SOUTH HALF OF THE SOUTH HALF OF THE NORTHEASTER QUARTER OF SECTION 36, TOWNSHIP 3 NORTH, RANGE 19 WEST OFSAID RANCHO AS DESCRIBED IN THE IOTH COURSE IN THE DEED TO KAY INVESTMENTS INCORPORATED RECORDED IN BOOK 3264. PAGE 315 OF OFFICIAL RECORDS IN SAID OFFICE OF THE COUNTY RECORDER: THENCE ALONG COURSES 10 THROUGH 15 OFSAID DEED THE FOLLOWING FIVE COURSES, 5TH: SOUTH 89 °33'21 "EAST 3385.00 FEET ALONG SAID NORTHERLY LINE AND THE NORTHERLY LINE OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 31. TOWNSHIP 3 NORTH, RANGE 18 WEST OFSAID RANCHO TO THE EASTERLY LINE OF THE WEST HALF OF SAID NORTHWEST QUARTER: THENCE ALONG SAID EASTERLY LINE, 6 TH: NORTH 0'26'39" WEST 1980.00 FEET TO THE NORTHERLYLINE OFSAID SECTION 31; THENCE ALONG SAID NORTHERLYLINE, 7TH. SOUTH 89 °3321 "EAST/ 320. 00 FEET TO THE WESTERLY LINE OF THE SOUTHEAST QUARTER OF SECTION 30 OFSAID TOWNSHIP AND RANGE; THENCE ALONG SAID WESTERLY LINE, 8TH NORTH 0 *26'39" EAST 1320.00 FEET TO THE NORTHERLY LINE OF THE SOUTH HALF OF SAID SOUTHEAST QUARTER: THENCE ALONG SAID NORTHERLYLINE, 9TH: SOUTH 8933'21 "EAST 2610.00 FEET TO THE EASTERLY LINE OFSAID TRACT J: THENCE ALONG SAID EASTERLYLINE, 10TH: NORTH 0'2639" EAST 3960.00 FEET TO THE NORTHERLY LINE OFSAID SECTION 30: THENCE ALONG SAID NORTHERLY LINE. 11TH: NORTH 89 °3371 "WEST 5280.00 FEET TO THE POINT OF BEGINNING. CONTAINING 883.28 ACRES. PAGE 9 OF 9 Ordinance No. 246 Page 60 EXH,B1- B PARCEL MAP WAIVER NO. 866 C �, ('1 ,LARGE L07 SUBD- '�':'SKCN; BE i%C r0R C NS V� TRAy TS J 'HE �CL,CWING EASEMENTS EFFECT ;CIS PRCZE.RrY AND ARE 3_A•NKE" N NA -,;E 3264 OR 239 UNION OIL COMPANY, OWNER OF AN EASENEN- =OR ::'PE �:NES. 'CLE _ NES. ROADS AND :NCiOENTAL PURPOSES. 3647 C R. 70 SOUTHERN CALIFORNIA EDISON COMPANY, CWNER OF AN EASEMENT . "�R R G," _F .�a• '0 RECONSTRUCT. USE. MAINTAIN AND REPAIR EXISTING ROAD NA -S ANC . NCIDENTAL PURPOSES. 4219 OR. 356 STATE OF CALIFORNIA, OWNER OF AN EASEMENT FOR RCAD ANO NC:CENTA. PURPOSES. 4219 O.R. 364 STATE OF CALIFORNIA, OWNER OF AN EASEMENT FOR PARK PATRGL. MA h "ENANCE AND INCIDENTAL PURPOSES. 4710 O.R. 34 RALPH D. MAHAN, INC., OWNER OF AN EASEMENT FOR ROAD, J% TY AND INCIDENTAL PURPOSES. 4710 O.R. 39 , RALPH D. MAH1N, INC., OWNER OF AN EASEMENT FOR ROAD, 'JPLITY AND INCIDENTAL PURPOSES. 5412 O.R. 230 UNION OIL COMPANY, OWNER OF AN EASEMENT FOR PIPE LINES, POLE LINES, ROADS AND INCIDENTAL PURPOSES. 5412 O.R. 271 UNION OIL COMPANY, OWNER OF AN EASEMENT FOR PIPE LINES. POLE LINES. ROADS AND INCIDENTAL PURPOSES. 5412 O.R. 277 UNION OIL COMPANY, OWNER OF AN EASEMENT FOR PIPE LINES. POLE LINES. ROADS AND INCIDENTAL PURPOSES. RONALD REAGAN FWY. 2 AO DRILLING ISLAND LOCATIONS d PER 5412 O.R. 230 v OB UNION OIL COMPANY EASEMENT FOR DRILLING, WELLS, TANKS, PIPELINES, ROADS AND POLE LINES AND INCIDENTAL PURPOSES PER 5412 O.R. 271. © UNION OIL COMPANY EASEMENT FOR DRILLING, WELLS, TANKS, PIPELINES, ROADS AND POLE LINES AND INCIDENTAL PURPOSES PER 5412 O.R. 277. Ll PREPARED BY: HAALAND GROUP, INC. 351 ROLLING OAKS DRIVE, #200 THOUSAND OAKS, CA. 91361 (805)497 -4554 0 2000 4000 8000 12000 SCALE 1' - 4000' Ordinance No. 246 Page 61 - T 3 PARCEL MAP WAIVER v0. 866 '_07 S';BDi`riS 0v; -QRGE HNG ?CRTI,,.S C- _�avTS - -�ND K, R ;INCHr' Sy i j r47 ' n _�v W " Q 1� n m N ^ nh P r ! 'LO N �p L--' PARCEL / . .hh P W " Q 1� n m N ^ L--' PARCEL 1 > :Y 746.03 AC. I -� O I Ir O, -'� S 89'35'47' E 2640.00' IL--j . - -- - - - - - - PARCEL 2 I I n " 1 r ago / ^CO 2 i r > N as i A WC21 c`'0 L ` I W W � W VJ0 a Ooh ° s az +a n n �\ g r 0, $ ? < �� = CJ Q V1 _d 0 500 1000 2000 -' C18 C17 PACIFIC BELL 10' w1DE - % PUBLIC UTILITY AND SCALE 1' - 1000' / �` INCIDENTAL P-RPOSES C16 EASEMENT - -- 1369.61' h PER 88- 180299 OR. N 89'22'48' w , �� 4619.85' Ordinance No. 246 Page 62 EXHIBIT B PARCEL MAP WAIVER N0. 866 ;L.ARSE ! CT S 8�i'�ISiCNi B `.G Pp:R-,, --NS Sr TPA-_-;S aND K. PANCHC , q �1 0 500 '000 2C00 SCALE '000' PARCEL 1 4i a tip' � ^ti A > N f- f LLj uj l `Iii W <�O i F v' r� ol� N f� O h W W N uj PARCEL 3 1 3..37' N 8922'4' w - - - - - – 660.00' I A I PARCEL 2 d 994.55 AC. � W 0 0 f ai I A I �3 2 y<j WWV) Z U 3 U< o C4 o - \CI4 Cl PACIFIC BELL 10' jVAIDE PUBLIC UTILITY AN C17 INCIDENTAL PURPOSES / f/ EASEMENT PER 88- 180299 O.R. C12 C16 N 89'22'48' w r-O-1 ,I �— 3910.24' I A I C10 4619.85' 1 J � MR ..5 MP. 7 _.o MP. 83 � r� ol� N f� O h W W N uj PARCEL 3 1 3..37' N 8922'4' w - - - - - – 660.00' Ordinance No. 246 = x r i 3 i r Page 63 PARCEL MAP WAIVER NO. 866 (LARGE i_C SUBC'VSl0N'/ BEItiG P(RT'-NS C" -RaC_S AND K, RANCC C S V; 'z v: i SEE CES P ` SHEEt 5 - - - O PARCEL 2 "° ,--------------- a I � I A �+ I r N O O I C) I O 2 I I f J I e�. I '7i L PARCEL 3 1181.80 AC. N 89'33'21' w — - - - - - - - 1500.00' I 3 in O i I :n N O 8m 3 A ~ I � N I O � 0 Ol O h I n A L I PARCEL 4 I I I I r - - - - -- I W I W an I t 6 I I I I I I I I I I I I J I 0 750 1500 3000 4500 CAMPUS PARK DR. SCALE l' . 1500' Ordinance No. 246 Page 64 Ex1 -IaIT i3 PARCEL MAP WAIVER N0. 866 -nT Su?Di`:�S Gti. 3 =,1']G FG:�T GvS CF ":�AC_S a 89'33'21' w 1500.00' 5 89'33'21' E 5280.00' i I - I W L-J' PARCEL v 883.28 AC. 4 p$ I N 8 I - - - - - I I I r O I II ------------------ - - - ->J II I I II II r- - -- - - - - - -- I .. I I ; I I I N N O � I O ^ N g o - - - - _ - - - - - S 89'33'21' E EAST - - "I "RAC' = .,R 2640 C0' S 89'33'21" E 0 a ^ I 1320.00' - - - - - - - - - - - - - I I i I 3 I S I _ 1 h ip 8 I .' I g - - - - - - - - - - - i T - - - - N p� X) I I 2 � 3385.00' I S 89'33'21' E I 3960.00' - I I I - - - - - - - - T - - - - - - -L - - - - I I . I I 0 500 1000 2000 3000 SCALE 1" - 1CC0' i, Z 4 5 I t o Z a / , 0 .J O1 s n o .n z r� 1 � � Z �- � - 2 I � � i< 2640 C0' S 89'33'21" E 0 a ^ I 1320.00' - - - - - - - - - - - - - I I i I 3 I S I _ 1 h ip 8 I .' I g - - - - - - - - - - - i T - - - - N p� X) I I 2 � 3385.00' I S 89'33'21' E I 3960.00' - I I I - - - - - - - - T - - - - - - -L - - - - I I . I I 0 500 1000 2000 3000 SCALE 1" - 1CC0' Ordinance No. 246 Page 65 EXHISI T a PARCEL MAP WAIVER NO. 866 _.anG- _Or SJEC iSiCv; BE NG ::�OR - -&%S CF -:,AC-S J K, P_', CEO � „ - u C9 C3 i BERACAN STREET SOUTH LINE OF THE NW 1/4 SECTION 36, T3N, R19W C.L. OF 64' ROAD do UTILITY EASEMENT PER PARCEL 3, 89- 069025 O.R. AND 4215 O.R. 429 AND 4710 O.R. 36 AND 4710 O.R. 39 DETAIL SCALE 1' = 1000' ICAMPUS PARK OR. I -� c4 s's O v (� v 1!s,'0 U DETAIL 0 500 1000 2000 3000 H < a PARCEL 2 ujW c,3 0 0 PARCEL 3 < a 1Zi C' a C, 2 0 o C10 213.37' z W o 4 N 89'22'48' W — J - - , ,Q U n V` 660.00' m W v - p V2J< I 3 Q o u; W C9 L9 r o CL " ° CB r C o r. CC G C7 3 $ °° Z W 7 0 CID w N `` ♦ v 1 575.00' a O h m �O ^ z d C1 2 338500, /J <a, S 89'33'21' E 3960.00' eta �p� L9 1839.18' 4- ° n ♦ o NORTH UNE OF THE S 1/2 N 89'33'21' W 2243.77' O OF S 1/2 OF NE 1/4 OF L� rl Z SECTION 36, T3N, R19W u C9 C3 i BERACAN STREET SOUTH LINE OF THE NW 1/4 SECTION 36, T3N, R19W C.L. OF 64' ROAD do UTILITY EASEMENT PER PARCEL 3, 89- 069025 O.R. AND 4215 O.R. 429 AND 4710 O.R. 36 AND 4710 O.R. 39 DETAIL SCALE 1' = 1000' ICAMPUS PARK OR. I Ordinance No. 246 Page 66 EXhiBiT B PARCEL MAP WAIVER v0. 866 (_ARGE C SUBC,��iSiCty) BE %G, DCRT CNS C= TPA--S j aNC L NE TABL =S u14E i HARING I 7iSTANCE _1 N65'51'38'w ' 230.80' L2 S19'50'58'W 368.64' L3 ; S68'46'29'W 409.21' 1-4 N11-11 -43-E 163.59' L5 NOt'02'57'E 299.79' L6 N26'31'43'W 119.20' L7 '432 *24'23'W 59 24' A N24'05'29'W '• 469.05' L9 N89'33'21'w 339.37' L10 Nt8'Oi 50 "E 503.67' L11 N43 29'03'E 102214' L12 N20'18'29'w 482.28' L13 N07'40'14'W 661.89' L14 S06'58'31'E 143.04' L15 St 8'44'28'E 326.30' L16 N1 4'36'56'W 625.87' L17 N3219'22'E 1062.01' L18 S01'57'47'W 427.07' L19 N27'59'31'E 574.33' L20 N56'39'33'E 28.59' L21 N70'05'46'E 123.37' L22 S43 27'06'E 62.30' L23 St 4'28'1 YE 22.06' L24 S16'27'36'W 46.28' L25 S18'28'06'E 29.69' L26 N76'57'41'E 66.06' L27 S591 5'00'E 168.27' L28 N77'04'26'E 111.97' L29 N86'20'1 7"E 125.26' L30 N53- 07'48'E 150.00' L31 N64'34'02'E 209.81' L32 N56'12'50'E 463.28' L33 S831 5'03'E 211.65' L34 N59'39'05'E 79.08' L35 N49'31'56'E 193.17' L36 N88'54'19'E 132.39' L37 S77'03'27'E 174.90' L38 N80'26'00'E 77.88' L39 S61'01'1 YE 192.54' L40 S66'43'38'E 404.95' L41 S53'50'00'E 105.68' L42 N53'S8'28'E 58.44' L43 N75'30'00'E 76.00' L44 N77'28'16'E 111.87' L45 N71'14'59'E 148.61' L46 1471'15'02'_ 45 0,' i -47 ' S85'59'09'E 246.26' L48 N88'18'25'E 1 2'4 85' L49 S81'1 7'42'E 3' 2.84' L50 1483'35'44'E 262.46' L51 S67'54'46'E 75 20' L52 S56'57'50'E 97 22' L53 S71'1 6'27'E 21191' L54 S69'26'38'E 4.0 55' L55 S89'1 4'42'E 152.59' , L56 N70'20'46"E 75.00' L57 N84'03'11'E 96.52' L58 N56'53'19 "E 164.75' L59 N62'11'54'E 226.74' L60 S86'36'49'E 232.84' L61 N86'1 4'54'E 61.13' L62 S69'26'38'E 59.81' L63 S51 *54'40'E 47.01' L64 S71'33'54'E 56.92' L65 S44'43'27'E 98.53' L68 S45'08'10'E 81.18' L67 N83'00'06'E 337 50' L68 N75'09'24'E 380 64' L69 S79'28'00'E 108.87' L70 N73'56'30'E 17187' L71 S73'32'24'E 63.85' L7 2 I N81'41'30'E 241.90' L73 N67'04'04'E 84.69' L74 N69'21'11'E 1 236.05' L75 N28'11'52'E 173.95' L76 N20'33'22'E 68.35' L77 N21'24'27'E 44.64' L78 S77'44'07'E 64.84' L79 S59'26'10'E 147.49' L80 S72'47'02'E 222.99' L81 N74.30'00'E 228.02' L82 N60'51'1 5'E 15.30' L83 N69'48'51'E 72.45' L84 S86'49'1 YE 20.77' L85 N58'44'11'E 36.28' L86 N65'04'1 7'E 156.59' L87 N84'09'38'E 185.67' L88 N74'39'00'E 52.89' L89 N62'06'10'E 177.02' L90 N55'10'32'E 50.28' Ordinance No. 246 Page 67 EXH'BIT B PARCEL MAP WAIVER X10. (LARGE LOT 'SJEC;VlS ONj BEING PORTIONS OF TRACTS AND K, CJRVE TABLES Ct,RvEl DELTA ' RACiUS LENG'1- C1 27'34'40' i 186.45' 89 74' 02 63'48'07' i 450 00' 501 -0' C3 74'39'18' ; 45()0()' 586.34' C4 1 61'11'11' 600.00' 640.74' C5 40746'46' 600.00' 427 04' C6 37'54'01' 520.00' 343 97' C7 38'35'44' 300.00' 202.09' C8 34'15'27' 300.00' 179.37' C9 46'01'24' 370.00' 297 21' C10 27'04'26' 300.00' 141.76' Ctt 44.14'30' 370.00' 285.70' C12 21'17'36' 300.00' 111.49' C13 103'27'43' 300.00' 541.72' C14 94654'04' 450.00' 745.35' C15 124'30'03' 375.00' 814.86' C 1 6 85'37'31' 450.00' 672.50' C17 62'33'04' 900.00' 982.55' C18 126'33'58' 450.00' 994.05' C19 26'01'44' 1800.00' 817.72' C20 115'50'41' 450.00' 909.84' C21 16'25'29' 1330.00' 381.27' C22 28'58'53' 275.00' 139.10' C23 34'53'42' 150.00' 91.35' C24 84'36'13' 40.00' 59.06' C25 43'47'19' 250.00' 191.06' C26 43'40'34' 125.00' 95.29' C27 40'32'07' 250.00' 176.87' C28 37'05'52' 200.00' 129.50' C29 10'07'09' 2000.00' 353.23' C30 39'22'23' 100.00' 68.72' C31 14-02'14' 350.00' 85.75' C32 22'30'33' 350.00' 137.50' C33 38'32'47' 225.00' 151.37' C34 72'11'32' 60.00' 75.60' C35 55'54'32' 100.00' 97.58' C36 57'52'48' 110.00' 111.12' C37 19'48'04' 500.00' 172.80' C38 4324'08* 250.00' 189.38' C39 63'48'40' 150.00' 167.06' C40 51'51'44' 225.00' 203.66' C41 25'22'36' 250.00' 110.73' C42 26'35'30' 800.00' 371.29' C43 32'31'06' 250.00' 141.89' C44 24646'06' 350.00' 151.30' C45 26'30'58' 300.00' 138.84' C46 41'09'19' 450.00' 323.23' C47 1 80'51'26' 100.00' 141.12' E48 13.36'45' 450.00' 107.17' C49 3426'36* 225.00' 135.26' C50 39'01'28" 350.00' 238.39' s -EE- a a 866 Ordinance No. 246 Page 68 EXHIBIT 2 Cl _j J 3 , E- BAKEL MAP NCI.32 20 -1 S�,_E- 2 0F 3 � ` _ S i BENG A PORTION OF TRACTS J ANC K, RAW-40 . . v.. , SM,(3k*7), h T►E LhKCRPOIAT_ TERAfTORY O ".3 OF Tf C"rY OF Ah-ft tA, STATE OF CALFOANA K&A •'•.00 041T t,ar 410 .00 •ot r+c�• /' �T. • t _I �' � _J rrI•• r � J •.r r1 M VIAM 1 .�. v ! —i. fr•� two r� '•.t ♦ f��r..r ..Y. tr•+ ..w wr ••t... rr .r.w. w•w • .w r �� ` ACRES . t iw.wrw..w•r •�� d itas.p t rr awwj�a�f Y t • V�Olq C RANCHO SIMI t ai t s.•�r us"" am. •tro 0aa" .�y1� w i <�r/C wf�.• i - '-- 1rr•r•tYftt•r.•1►aw,a.a•.r prS•g0�•d • •• w.a• w Is r�.w■ rr.n /w er � •L�w •row wluar wrrr•Ywwt•r• � o1/•.tr wt•aw IPNer W" .. �J• � ar r.• T t 61t•f0/otttftt e .r w. ..... IYoe X),' i Y N U. lGf I �� if;l ♦.► 09 •7tE8 t rA•n..•r ++w•�.w rw : � J•:.w"r •••r' tN ) Ill 1 � • —�I i :o•^.�..�..: Ot•3•>loa ttli'� 54.60 AC:f+E51 i 5•• 29 ACRES 1 ^Y ` �_ }1.f.t•1 1 •MM YM •"• ; P-1 �•� all so 1, Cl _j J 3 , E- l e• t / / �T. • _I �' � _J rrI•• r � J t i ACRES t iw.wrw..w•r t rr awwj�a�f Y t • t ai t s.•�r us"" 1�.•i.t .�y1� w i <�r/C wf�.• i New L71. Is W20 ffijjLj_.2r.2M ti wM NMta• ��,w.••ti moo f M, 61t•f0/otttftt i lGf I �� if;l ♦.► 09 •7tE8 t pia• — 44IICI'L1 Ztlii ' �1 •MM YM •"• ; Tt t•Irrr'M t�.A•Ileww'M tel: ' � M'UP�•.f.I M wM I.r rMM/ti •Ir.I�wl 1, = Cl _j J 3 , E- Ordinance No. 246 Page 69 VEN- 98001021.pre Pq: 6 ---------------------------------------------------------------------- LEGAL DESCRIPTION ---------------------------------------------------------------- - - - - -- The land referred to in this Report is situated in the State of California, County of Ventura, and is described as follows: PARCEL 1: That portion of Track K, of the Rancho Simi, in the County of Ventura, State of California, as per map thereof recorded in Book 3, page 7 of Maps, in the office of the County Recorder of said Ventura County, described as follows: Beginning at the Westerly terminus of the course recited as the South line of Section 22, Township 3 North, Range 19 West in said Rancho Simi, bearing North 890 35' 41" West 2130.54 feet in Parcel 1, of the deed to the State of California recorded in Book 4219, page 364 of Official Records; thence along the Easterly boundary of said land of the State of California, by the following three courses, 1st: South 80 56' 55" West 449.14 feet at 5.11 feet a 3/4 inch iron pipe set in a mound of stones, at 449.14 feet to a 1/2 inch re- inforcing bar; thence, 2nd: South 160 45' 07' East 317.28 feet to a 1/2 inch re- inforcing bar; thence, 3rd: South 280 01' 31" West 797.62 feet; thence, 4th: East 2873.35 feet; thence, 5th: North 50 50' East 376.65 feet; thence, 6th: North 150 15' West 350.00 feet; thence, 7th: North 10 07' 06" East 721.79 feet to a point on the Easterly prolongation of said line recited as bearing North 890 35' 41" West 2130.54 feet in the South line of Section 22 in the deed to the State of California, thence, to and along said line, 8th: North 890 35' 41" West 2480.54 feet at 250.00 feet the Easterly terminus of said course recited as being in the South line of Section 22, at 2480.54 feet said Point of Beginning. JUL 30 '98 12:16 714 546 1050 PAGE. 03 U u Ord nance I4o` 246- Page 70 I" • V Y VEN- 98001021.pre Pg: 7 EXCEPT all the coal, lignite, coal oil, petroleum, naptha, asphalt, maltha, brea, natural gas and all kindred or similar minerals or mineral substances which now exist or at any time hereafter may exist upon, in or under said lands with the full, free, exclusive and perpetual right to explore, dig, mine and bore for and otherwise to extract said substances from the lands and to sever and remove the same therefrom, and also the full, free and perpetual right of ingress to and egress from the right -of -way upon and over said lands, proper and necessary for the exercise of said rights so reserved, including as well, rights -of -way for roads and for ditches and pipelines for the conveyances of water necessary for said works, and of oil, petroleum, and other kindred liquid.,substandes and gases, also all necessary rights of location in and on said lands for mines, tunnels, shafts, wells, derricks, hoisting works, tanks, dumps, engines, pumps and all other necessary or proper for the successful exercise of the rights hereby reserved, also reserving the right to take and use and develop for use any and all waters now flowing or that may hereafter flow or that now exist or may hereafter exist in, on or upon said lands so far as said waters may be necessary for the carrying on of any or all of the above mentioned works and the full enjoyment of the rights therein set forth, as reserved by Simi Land and Water Company, in deed recorded in Book 29, page 314 of Deeds. Without the right to enter upon the surface of and to use any of the surface of said surface rights land above a depth of 500 feet below the surface thereof, except for the right to enter upon and use those portions of said surface rights land described as the "Drilling Islands" and the "Road, pipe and pole line rights of way" in the limited quitclaim or rights of entry executed by Union Oil Company of California, recorded in Book 5412, page 230 of Official Records. PARCEL 2: A nonexclusive easement for roadway and utility purposes over strips of land lying within Parcel 2 in the County of Ventura, State of California, as shown on the Parcel Map filed in Book 19, pages 5 and 6 of Parcel Maps, in the office of the County Recorder of Ventura County, and modified by a Certificate of Correction recorded in Book 4464, at pages 628 and 629 of Official Records of said County, hereinafter described as Strips "A" and "B ". STRIP A: A strip of land 94.00 feet in width, measured at right angles or radially, and lying 47.00 feet on each side of the following described centerline; JLL 30 '98 12 16 714 546 1050 PAGE. 04 Ju I -OMM nikeWo: 46 messenger nves tme,tco . /14 546 - 1050 P. 05 Page 71 VEN- 98001021.pre Pq: 8 Beginning at a point on the Southerly line of the Northwest quarter of Section 34, Township 3 North, Range 19, West, Rancho Sixi.i, as shown on said map, said point being distant thereon North 890 54' 12" West 409.49 feet from a found 4" x 4" post accepted as the Southeast corner of said Northwest quarter; thence leaving said Southerly line North 90 24' 12" West 265.16 feet to the beginning of a tangent curve concave Easterly and having a radius of 1850.00 feet; thence Northerly along said curve through a central angle of 70 03' 52" an arc distance of 228.10 feet; thence tangent to said curve North 20 20' 20" West 182.32 feet to the beginning of a tangent curve concave Westerly and having a radius of 300.00 feet; thence Northerly along last said curve through a central angle of 90 24' 4V' an arc distance of 49.28 feet; thence tangent to last said curve North 110 45' 04" West 309.20 feet to the beginning of a tangent curve concave Easterly and having a radius of 300.00 feet; thence Northerly along last said curve through a central angle of 240 31' 28" an arc distance of 128.41 feet; thence, tangent to last said curve, North 120 46' 24" East 201.05 feet to a point; being designated as point "A "; thence continuing North 120 46' 24" East 93.00 feet to the Northerly terminus of said strip at the Southerly terminus of that certain course in the Easterly boundary of said Parcel 2 shown on said parcel map as having a bearing and distance of South 20 30' 52" East 1423.70 feet. The sidelines of said 94.00 foot wide strip shall be prolongated or shortened so as to terminate Southerly in the Southerly line of said Northwest quarter, and so as to terminate Northerly in those certain courses -in the Easterly boundary of said Parcel 2 shown on said map as having bearing and distances respectively of South 20 30' 52" East 1423.70 feet and South 70 35' 26" East 1449.19 feet. STRIP B: A strip of land 94.00 feet in width, measured at right angles or radially and lying 47.00 feet on each side of the following described centerline: Beginning at the hereinabove Point "A "; thence North 770 13' 36" West 311.00 feet; thence North 320 13' 36" West 228.00 feet; thence North 430 28' 36" West 185.00 feet; thence North 200 58' 36" West 181.35 feet to the beginning of a tangent curve concave Southwesterly and having a radius of 300.00 feet; thence Northwesterly along last said curve through a central angle of 300 41' 09" an arc distance of 160.67 feet; thence-tangent to last said curve North 510 39' 45" West 129.92 feet; thence North 400 24' 45" West 687.03 feet to the beginning of a tangent curve concave Northeasterly and having a radius of 300.00 feet; thence Northwesterly along last said curve through a central angle of 90 21' 7" an arc distance or 49.00 feet; thence tangent to last said curve concave Northeasterly and having a radius of 2000.00 feet; thence Northwesterly and Northerly along last said curve through a central angle of 310 09' 17" an arc distance of 1087.50 feet to the Northerly terminus of said 94.00 foot strip of land, being a point of the TI 11 7M I qQ 1 7' 1 7 •74 w c Ae 4 F2CM nnrr __ UU U-7 • 1 J III.��.�C(ItjC( i(IVC�LII It= I,1 .0 / lY JYb lU7U r ub bTdinance"No. 24� Page 72 VEN- 98001021.pre Pq: 9 Northerly line of the South half of the Southwest quarter of section 27, Township 3 North, Range 109 West, Rancho Simi, last said point also being distant along said Northerly line South 890 54' 01" East 415.85 feet; from a found 1 -1/2 inch iron pipe set at the Northwest corner of said South half of the Southwest quarter of Section 27, a radial line of last said curve through said Northerly terminus bears North 890 54' 01" West. PARCEL 3: A nonexclusive easement for road and utility purposes over a strip of land forty (40) feet wide in Tract `K of the Rancho Simi, in the County of Ventura, State of California, as per map thereof recorded in the office of the County Recorder of said Ventura County in Book 3, page 7 of Maps, the centerline of said strip being described as follows: Beginning at the Northerly terminus of the centerline of a strip of land, ninety-four (94) feet wide, described as "Strip B" in the Corporation Easement Deed to the Strathearn Cattle Company recorded in Book 4483, page 536 of Official Records and as said strip is shown on the map recorded in Book 19, page 5 of Parcel Maps, said Point of Beginning being distant South 890 23' 09" East 415.85 feet along the Northerly line of the South one -half of the Southwest one - quarter of Section 27, Township 3 North, Range 19 West, Rancho Simi, as said line is shown on said Parcel Map, from a 1 -1/4 inch iron pipe set for the Northwest corner of said South half of the Southwest one - quarter of Section 27; thence from said Point of Beginning along a curve concave Easterly and having a radius of 100.00 feet (a radial line to said curve at said point bears North 890 23' 09" West). lot: Northerly along said curve through an angle of 370 05' 56" an arc distance of 64.75 feet to a point of reverse curvature with a curve concave Westerly and having a radius of 100.00 feet; thence, 2nd: Northerly along said reverse curve through an angle of 370 23' 01" an arc distance of 65.25 feet; thence tangent to said reverse curve, 3rd: North 00 19, 46" East 316.05 feet to the beginning of a tangent curve concave Easterly and having a radius of 450.00 feet; thence, 4th: Northerly along said curve through an angle of 140 16' 19" an arc distance.of 112.09 feet; thence tangent to said curve, 5th: North 140 36' 05" East 88.43 feet to the beginning of a tangent curve concave Westerly and having a radius of 500.00 feet; thence, 6th: Northerly along said curve through an angle of 130 arc distance of 121.99 feet; thence tangent to said curve, 58' 44" an JUL 30 '98 12 18 714 546 1050 PAGP.RA .JU..� -JU .Iii_' »CII CI If IVl.'�ullL- 'f��LU OrZinance N6. Z4� r "' Page 73 i VEN- 98001021.pre Pg: 10 7th: North 00 37' 21" East 331.69 feet to the beginning of a tangent curve concave Westerly having a radius of 225.00 feet; thence, 8th: Northwesterly along said curve through an angle of 390 33' 10" an arc distance of 155.32 feet; thence tangent to said curve, 9th: North 380 55' 49" West 285.45 feet to the beginning of a tangent curve concave Northeasterly and having a radius of 400.00 feet; thence, 10th: Northwesterly along said curve through an angle of 180 59' 30" an arc distance of 132.59 feet; thence tangent to said curve, 11th: North 190 56' 19" West 252.19 feet; thence, 12th: North 320 12' 39" West 164.24 feet to the beginning of a tangent curve concave Easterly and having a radius of 220.00 feet; thence, 13th: Northerly along said curve through an angle of 550 06' 37" an arc distance of 211.61 feet to a point distant twenty (20) feet measured at right angles from the course recited as "South 220 53' 58" West 664.97 feet" in Parcel 1 in the deed to the State of California, recorded in Book 4219, page 364 of Official Records; thence tangent to said curve and parallel with the Easterly boundary of said lands to the State of California by the following two courses, 14th: North 220 53' 58" East 347.32 feet; thence, 15th: North 280 01' 31" East 61.50 feet to a point on the South line of the hereinbefore described real property, said point bears East 22.66 feet along said South line from the Southwesterly corner of said hereinbefore described real property. PARCEL 4: A nonexclusive easement for water pipeline purposes over a strip of land, twenty (20) feet wide, in Tract K of the Rancho Simi, in the County of Ventura, State of California, as per map thereof recorded in the office of the County Recorder of said Ventura County in Book 3, page 7 of Maps, the Westerly line of said strip being the Easterly boundary of the land described in Parcel 1 in the deed to the State of California, recorded in Book 4219, page 364 of Official Records, said Westerly line, being described as follows: Beginning at a 3/4 inch iron pipe set in a mound of stones at the Southeasterly terminus of the course recited as "South 220 31' 46" East 583.19 feet in said deed to the State of California; thence along said Easterly boundary by the following three courses, JUL 30 '98 12:18 714 546 1050 PAGE. 07 Ordinance No. 246 Page 74 1st: North 220 bar; thence, 2nd: North 220 bar; thence, VEN- 98001021.pre Pg: 11 31' 46" West 583.91 feet to a 1/2 inch re- inforcing 53' 58" East 664.97 feet to a 1/2 inch re- inforcing 3rd: North 280 01' 31" East 51.75 feet to the Southwesterly corner of the hereinbefore described real property, the Easterly line of said strip to begin in the Easterly prolongation of the course recited as "North 890 23' 09" West 99.99 feet" in said deed to the State of California, and to terminate in the South line of said hereinbefore described real property. PARCEL 5: A nonexclusive easement for public utility purposes over a strip of land, twelve (12) feet wide, in Tract K of the Rancho Simi, in the County of Ventura, State of California, as per map thereof recorded in the office of the County Recorder of said Ventura County in Book 3, page 7 of Maps, the South line of said strip being described as follows: Beginning at a point on the Northerly line of the South one -half of the Southwest one - quarter of Section 27, Township 3 North, range 19 West, Rancho Simi as said Northerly line is shown on the map recorded in Book 19, page 5 of Parcel Maps, said point being distant South 890 23' 09" East 435.85 feet from a 1 -1/4 inch iron pipe set for the Northwest corner of said South one -half of the Southwest one - quarter of Section 7; thence from said Point of Beginning along said Northerly line South 890 09' East 1764.00 feet. JUL 30 '98 12 19 714 546 1050 PAGE. 08 l• H \ Y fob •I j ON) o y i � ti� � !P'Y7! a 7� � � � • p �� `!♦ \ ' me F U ~ t� Xr WC as II. r1 44M LLI f.OV. N , 1 C1 M r I I O • ` • 'yt ` *.. tit 11 1OM11 •�• 4., o J, 17 + T h h �+ t \ Y ry ti •a.1M' M•• W ... Oro OI .�.. .1 _ - I ?7 I q,r 4% Oew S 'i l p Y isp isms t! K W IOIf ` •• vf1 Assessor's Map HA- County of Wnhuro. Coli/. o Rancho Sbnl. RAC 8k 3, Pp. 7 MOTE- Assessed SW& Nmothwe SA~ M EHytp Af/Offlrs Pbru! 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M'M f99 i i •..aw•9- • 9- 1 .i .� 9 a f �r s•9- 16 )Kia1 19PM6 PARCEL MAP IN THE MONCORPORATEO TERRITORY OF THE COUNTY OF VENTURA. STATE OF CALIFORNIA /ft CO•W Mt1fyw 1i _ •OMfI •A d.t" IC1+19- .9 ' ..l .9- ♦1�d,a.fifw e» • • C t/7r,•.A.w N9- 10•etrrr•- - 10•,0 00' - 1966 M' ta•00• ttt0.O Al _ ��. ,• aL t • � ..•: t,w.a- w 8 • y Tt•10 as . l b t• 11aJ1t1 O \N•M'It•• 1rt N' Y - is -81 1Yy 1. 1••x9-••1 �r ` . 13 �•tUlAf10N .....9-.....r x ,• n•t. •.7 r. . L I •Na q• c a ,_. fa•:a •• tat •6,}11411 e• t• "AA, Yft •PI •i t: r r 4 fit -. •Oa ~ •. w•Ia'N'• r �'� •Ii. C: • •O[I/f a1 M ..9-M e• •a t►,aaa llaw a., r •r � x109- N'.. M'9••� a� w It WARS � ♦tc•.•rr. .f •1 ./ _r ••. jta•fti ( 1•ia gar u• 0 1 { o 6 : lrttiei' t ° b N I[t" w�' 9-4 .. :,r w a J ~ ~rani• �. o •O iV•r _ ••-a:1. F14 is X011% ia•r:; 7.•1.I• . bt L ; ♦t •a•Ka••ta .o[1/rat .• � Mtat .Ow Y 9-V . +1 • V f9-♦• r! 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First "•" "" 1i �.�� SCi1E 1 -• 000' NOV LIa![R, 19)8 tw[[i 20/ _ �•,m _rir n AY At im i[i•le�nnr -. 1:,1_:1_.-- i- - 1 eg ,11T1jv.( - which may result from reliance upon this map. f�.xHIaiT4 V O PQ fD M L2 IN A VA ` f tra f fN • 1 - 9w M' - - • • 1 t1/ f f••° � ~ ` f i4rll1111C/ � \N•M'It•• 1rt N' Y - -,r9- 1.44 ar•`a 6 17.0 9-'t• yM ! 6, }\•�• O _ ( �•tUlAf10N f•i•i 71 �1►11111 '.� a all -$, br9 Ill %IV4A All 1 1 1 w .'. w / 9-x99 •f91'4iw . la •lVKt •• l•• 't 1)1 j T TY 1.9-9-10 tar\ /frrf 9-144 C4••O /•Iw Y• � �J • •f'•M �/ f - Yft •PI •i t: r r 4 411Atr•tt 1 ` j •O[I/f a1 M ..9-M e• •a t►,aaa llaw a., r •r � .•t•9•frr •9-N -r t ((� 1 � � ♦ ♦tc•.•rr. .f •1 ./ _r ••. Aa :. : / 9-'r•. • t /1111r u u• 0 1 { {�� • ' ' • i� : : lrttiei' t 9-4 .. :,r w a J ~ ~rani• �. o •O iV•r _ _ a r 98.19 T Tvt•...+r w •9••9- c M M►. N'1a�N►MY •.L�LNO •Mh M.�N1 Do 4/� J J .r1 •••f9•,I Y • ' n \ ` 7 . . • W W J 1.0 b 1 , \ ,t� 9 ` � y ..••f f/rr a•11011f 0�� ,I' • ,� ' 9-0' • I •M ••• O • •. ♦ tJ is - . . 1' I -., - r r I • r' . n. 9-r • • ty a " - 'v �'.••n�/1 f..V _i -} =i is :J13 I (3AUn1C i "ilt This map may or may not 5e survey of the land depicted hereon. :...tl You should not rely upon it for ary purpose other than orientation ' ". "• «•�" C'S'T [NG1N[ERING CO lL3 1NG[�[S to the general location of the parcel or parcels depicted. First "•" "" 1i �.�� SCi1E 1 -• 000' NOV LIa![R, 19)8 tw[[i 20/ _ �•,m _rir n AY At im i[i•le�nnr -. 1:,1_:1_.-- i- - 1 eg ,11T1jv.( - which may result from reliance upon this map. f�.xHIaiT4 V O PQ fD M L2 IN A Ordinance No. 246 Njf077S1 M1 T 3 N R 19 W Tax Rote Area 67061 J�OO- 1 67Q64 -18� 675?�' ti ti 9p•2p'u "w 2123" 17M.4S «5S r. P � O Q a 4 284c 45004c � ; ., L at 4 3/PM75 t a 44 99AC NY�rM -v" \ s2.!• N e��•' Lot 3no' M O \ O w 54.6014 44,1Ar- O • -_ f 0 h A Z� �w 42.48A c LO! ! _ Hr'07'OS' rzr. rs' Par. 2�, �\ •ti. rsnu� 41.30 Ac. N w CL Por. :• 7 '► ' 25.6200 'W NO2•30'3: 2 � 45.99Ac. lei 85.99Ac. „ .► �1'} o - 5£AAc- 346f -9EMc- o N O PM34 • ~ 431 O 19'P�M S o - Se�SN�� , • 17 CPJ s �o 54.30 Ac. N N i6 1309 ,'+� ac, '' ; Covrny N s22.33'3� »1Y N 6i�.fr' m f 1'i eN. Co S*e • 2! N h - 91`Ae- 91. 87Ac. Fbr. i2 UOL1M21 -22 ti 1480.36Ac. I go w 1.00 I V 24 I4797 Mors3dsfw Qc 7 67.48Ac. v sz 0 43 AC. •9 ow W. Umf rR. K 3RA17 �� 25R S 23 tJS..st' so' �s�a+ zc4o orzs sus 5.68 Ac. e� *� J U L Y 198 G -Colt- 8�C.50 Assessor's Mop Bk.500�..iP��117 , i " -- __... •- County of Ventura, _� EXHIBIT 5 NOTE - Assessor's Block Numbers Shown in Ellipses I v " Ordinance No. 246 QNCHCagSIMI GotlNr/ 18 .v I f 47AC r� {!9P M5 TRACT rR Bk. t 39 -1 9 ^ lAe.- 19F M5 V VC.FCD EASE. _ V.C. FC.0 fta �, %70� -A s18SSW 0 3963 -3 SI /.Oi ♦ +9Sf7+p b by / 514 k 'or TR. 2726-2 to Par. 14 Jr�4 o �/ i�sTes' rRACT b I °b 1�)Par. 13 vm 1 � f� . 3963-2 00 Ie �dk -4�7 � M � 24 Pdomlft t ,) h 1'0. z 2s 35 36 4� 16 26 p9Ac 17 439 ri41'';se - 43.17At- 49 Nt5�46lp, 19 PM 6 43.12Ac. ;�I A Ny4 246 �r area ••��• � 51 ss�sa'E 90.55Ac. to 63F-7V ,.d�� g q� t146 ,�1 ' i0 PPj y2 Ne: �� NOMe Era '� 04• N� S�1 21: 237.OY' � .� SW44'69'E I y2E"� 0 6!.<4' b �16S ' 44431310 NOTE ASSESSOR PARCELS SHOWN ON THIS PAGE 00 nQj NECESSARILY CONSTITUTE LEGAL LOTS CHECK WITH COUNTY SWIVEYO" OFFICE OR PLANNING OMSJON TO VERIFY Y OF MOORPARK a VICINITY FREEWAY 500-28 29 I jor Le00' Tax y-, � a RS21R.4 ��° G- HG. 3 <29 /NT 36 G 'AMPLIS PARK � � 46 A. LL•- �� 1.76 PI. . � 46. I3Ac. 39 God 1.07Ac. 44431310 NOTE ASSESSOR PARCELS SHOWN ON THIS PAGE 00 nQj NECESSARILY CONSTITUTE LEGAL LOTS CHECK WITH COUNTY SWIVEYO" OFFICE OR PLANNING OMSJON TO VERIFY Y OF MOORPARK a VICINITY FREEWAY 500-28 29 I jor Le00' Tax Rate Area z; 67062 67061 10012 h 115 is S10'W mse 10 S4rV 'Y63.73' 0 L.L.A. 93-1 4328 IM MOLD FILE SB.E 2606-56 -39 35 36 T 3N. R.19W. 2 1 1 T 21 R 19 mor'• Map Bk. 500 9Pg. 28 EXHIBIT 6 .owty of Wnturo , Calf. Ordinance No. 246 Page 79 RECORDING REQUESTED BY: City Clerk, City of Moorpark WHEN RECORDED MAIL TO: City Clerk, City of Moorpark 799 Moorpark Avenue Moorpark, California 93021 EXHIBIT "C" EXEMPT FROM RECORDER'S FEES Pursuant to Government Code § 6103 COVENANT RUNNING WITH THE LAND THIS COVENANT is made this day of , by and between Hidden Creek Ranch, L.P., a California Limited Partnership, ( "HCR ") and the City of Moorpark, a municipal corporation ( "City "). WHEREAS, Developer is the owner of certain real property in the City of Moorpark, County of Ventura, legally described as Lot _ of Tract No. ( "the HCR Property "); and WHEREAS, City is the owner of certain real property in the City of Moorpark, County of Ventura, legally described as ( "the City Property "); and WHEREAS, Developer and City are parties to that certain Development Agreement recorded in the office of the County Recorder of the County of Ventura as Instrument No. ( "the Development Agreement "); and WHEREAS, pursuant to the Development Agreement, Developer agreed to restrict the use of the Developer Property to certain uses and to transfer all other development rights to the City Property and to record a document to that effect as a condition of approval of the final map for Tract No. Ordinance No. 246 Page 80 NOW, THEREFORE, in consideration of the mutual promises of the parties to this Covenant, each to the other as covenantor and covenantee, and expressly for the benefit of, and to bind, their successors in interest, the parties agree as follow: 1. The Developer Property shall be used for the following purposes only: public school facilities, kindergarten through 12th grade 2. All uses not specified in Paragraph 1 hereof are hereby deemed transferred from the Developer Property to the City Property for the benefit of the City Property. 3. From time to time, and at any time, City may substitute any other property owned by City on the date of the substitution for the City Property ( "the Substitute Property ") without the consent of Developer by the recordation of an amendment to this Covenant in the office of the County Recorder of the County of Ventura. The amendment shall describe the Substitute Property and shall provide that, commencing on the date of recordation of the amendment, all uses not specified in Paragraph 2 hereof shall be deemed transferred from the City Property to the Substitute Property for the benefit of the Substitute Property. 4. All of the covenants, restrictions, and limitations set forth herein shall run with the Developer Property and the City Property and shall benefit and bind all persons, whether natural or legal, having or acquiring any right, title, or interest in any portion of the Developer Property or the City Property. Each grantee of a conveyance or purchaser under a contract of sale or similar instrument that covers any right, title, or interest in or to any portion of the Developer Property or the City Property, by accepting a deed or a contract of sale or similar instrument, accepts the conveyance or sale subject to, and agrees to be bound and benefitted by, all of the covenants, restrictions and limitations set forth herein. 5. This Covenant may be enforced by proceedings at law or in equity against any person who violates or attempts to violate an covenant, restriction or limitation hereof. The prevailing party shall be entitled to recover such attorneys' fees and court costs as it reasonably incurs in such a proceeding. 6. In the event any provision of this Covenant is found to be invalid or unenforceable in any proceeding at law or in equity, such finding shall not affect the other provisions of this Covenant, which shall remain in full force and effect. Ordinance No. 246 Page 81 IN WITNESS WHEREOF, Hidden Creek Ranch, L.P. and City of Moorpark have executed this Covenant on the date first above written CITY OF MOORPARK UN Patrick Hunter, Mayor ATTEST: f: Deborah S. Traffenstedt, City Clerk HIDDEN CREEK RANCH, L.P. a California limited Partnership BY: EAST VENTURA HILLS PARTNERS, L.P., a California limited partnership a General Partner BY: MESSENGER PARTNERSHIP XVI, L.P. a California limited partnership, a General Partner BY: MESSENGER INVESTMENT COMPANY, a California corporation, a General Partner : William S. Messenger, Jr., President William S. Messenger, Jr., a General Partner Ordinance No. 246 Page 82 EXHIBIT "D" ADDRESSES OF PARTIES To City: City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 Attn: City Manager To Developer: Hidden Creek Ranch, L.P. c/o Messenger Investment Company 959 South Coast Drive, Suite 490 Costa Mesa, CA 92626 Attn: William S. Messenger, Jr. Ordinance No. 246 Page 83 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, Deborah S. Traffenstedt, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Ordinance No. 246 was adopted by the City Council of the City of Moorpark at a meeting held on the 19'h day of August, 1998, and that the same was adopted by the following vote: AYES: Councilmembers Evans, Perez, and Wozniak NOES: None ABSENT: Mayor Hunter and Councilmember Teasley ABSTAIN: None WITNESS my hand and the official seal of said City this 9h day of September, 1998. ;nstedt, ity Clerk (seal)