HomeMy WebLinkAboutReso 116-2017 (17-896)File Number: 17 -896
City of South San Francisco P.O. Box 711 (City Hall,
400 Grand Avenue)
South San Francisco, CA
City Council
Resolution: RES 116 -2017
Enactment Number: RES 116 -2017
RESOLUTION APPROVING THE SUBDIVISION IMPROVEMENT
AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO
AND OYSTER POINT DEVELOPMENT, LLC IN CONNECTION
WITH PARCEL MAP NO. 17 -0002 (OYSTER POINT) AND
AUTHORIZING THE CITY MANAGER TO EXECUTE THE
AGREEMENT.
WHEREAS, in March 2011, the City of South San Francisco ( "City ") and the former Redevelopment
Agency of the City of South San Francisco ( "Successor Agency ") approved the Oyster Point
Redevelopment Project to develop approximately 82 acres at the Oyster Point Marina ( "Property "); and
WHEREAS, the entitlements included a General Plan Amendment, Zoning Text Amendment, Precise
Plan, Design Review, Tentative Parcel Map, Transportation Demand Management Program, and a
Development Agreement ( "DA ") and a Disposition and Development Agreement ( "DDA ") between the
City, the Successor Agency, and Oyster Point Development, LLC (as successor in interest to Oyster
Point Ventures, LLC) (Developer); and
WHEREAS, the DA/DDA commits Developer to first implement Phase I, consisting of a minimum of
508,000 square feet of research and development ( "R &D ") and /or office space, with associated
infrastructure, all of which is targeted to begin construction by Fall 2017; and
WHEREAS, pursuant to the DDA, the City /Successor Agency is required to convey certain portions of
the Property to Developer prior to commencement of Phase I construction; and
WHEREAS, in connection with this conveyance, the Developer prepared a Tentative Parcel Map to
re- parcelize the property to allow separate parcels for each of the office /R &D phases, the open space
areas, the hotel parcel and the reconfigured roadways; and
WHEREAS, the Tentative Parcel Map was reviewed by the City's Engineering Division and found to
comply with the provisions of Title 19 of the South San Francisco Municipal Code ( "Municipal Code ");
and
WHEREAS, pursuant to the DDA and the Tentative Parcel Map approved by the Planning Commission,
the Developer is required and proposes to construct various improvements in and adjacent to the
Property, described generally as the "Phase IC Improvements" in the DDA; and
WHEREAS, the Phase IC Improvements include, but are not limited to, the grading and construction of
streets, gutters, sidewalks, sanitary sewer, and storm drainage facilities; relocation of landfill materials
and construction of replacement land cap; and open space improvements; and
WHEREAS, the Developer has presented to the City a final parcel map for approval, entitled Parcel Map
No. 17 -0002 (Oyster Point) ( "Final Parcel Map "), for the purpose of transferring the Conveyed Property
pursuant to the DDA and to create Parcels 5 and 6; and
WHEREAS, the Final Parcel Map identifies existing streets and public easements that the City and
Developer intend to be vacated and removed concurrently with the future dedication and acceptance of
streets constructed as part of the new Phase IC Improvements into the City's street system; and
City of South San Francisco page 1
File Number. 17 -896
Enactment Number: RES 116 -2017
WHEREAS, Title 19 of the Municipal Code requires the Developer to file an agreement for all
improvements required under the Subdivision Ordinance, as a condition precedent to approval of a final
map, and
WHEREAS, the Subdivision Improvement Agreement, attached hereto as Exhibit A and incorporated
herein, was prepared in accordance and in compliance with Title 19, Chapter 19.44 of the Municipal
Code and the DDA, and provides for the rights and obligations of the parties regarding Phase IC
Improvement pursuant to the DDA/DMSA; and
WHEREAS, the City Engineer will approve the Parcel Map for the purpose of conveying the Conveyed
Property pursuant to the DDA and to create Parcels 5 and 6 prior to the close of escrow for the Conveyed
Property, on the condition that Developer has executed the Subdivision Improvement Agreement as
approved by the City Council; and
WHEREAS, the proposed Subdivision Improvement Agreement will ensure that Phase IC Improvements
will be completed in accordance with the DDA, and any other conditions of approval and applicable law.
NOW, THEREFORE BE IT RESOLVED, the City Council of the City of South San Francisco hereby
takes the following actions:
Approves the attached Subdivision Improvement Agreement between the City of South San Francisco
and Oyster Point Development, LLC, attached hereto and incorporated herein as Exhibit A, in
connection with Parcel Map No. 17 -0002 (Oyster Point); and
Authorizes the City Manager to execute the Subdivision Improvement Agreement on behalf of the City,
subject to approval as to form by the City Attorney, and to take any other required action consistent with
the intent of this resolution.
At a meeting of the Special City Council on 9/6/2017, a motion was made by Richard Garbarino,
seconded by Mark Addiego, that this Resolution be approved. The motion passed.
Yes: 4 Matsumoto, Addiego, Gupta, and Garbarino
Abstain:
Attest by
City of South San Francisco Page 2
SUBDIVISION IMPROVEMENT AGREEMENT
BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND
OYSTER POINT DEVELOPMENT, LLC IN CONNECTION WITH
PARCEL MAP NO. 17-0002 (OYSTER POINT)
This SUBDIVISION IMPROVEMENT AGREEMENT ("Agreement") is dated
September , 2017 by and between the City of South San Francisco, a municipal corporation,
hereinafter designated "City," and Oyster Point Development, LLC, a Delaware limited liability
company, hereinafter designated "Developer."
RECITALS
WHEREAS, the City is the owner of the real property located in the City of South San
Francisco, County of San Mateo, State of California, more particularly described on Exhibit A
attached hereto (the "Property"); and
WHEREAS, pursuant to that certain Disposition and Development Agreement ("DDA")
dated March 23, 2011, between City, Developer (as successor in interest to Oyster Point
Ventures, LLC), and the Successor Agency to the South San Francisco Redevelopment Agency,
a public body corporate and politic ("Successor Agency"), City intends to convey to Successor
Agency and Successor Agency intends to convey to Developer, and Developer intends to acquire
from Successor Agency, certain portions of the Property identified as the Conveyed Property in
the DDA; and
WHEREAS, pursuant to the DDA and the tentative parcel map approved by the City,
Developer is required and proposes to construct various improvements in and adjacent to the
Property, described generally as the "Phase IC Improvements" in the DDA; and
WHEREAS, City and Developer are parties to that certain Development Management
Services Agreement ("DMSA"), dated February 1, 2017, which sets forth the terms upon which
Developer will provide City and Successor Agency with development management services for
the design, engineering, permitting, construction and completion of the Phase IC Improvements;
and
WHEREAS, Developer has presented to the City a final parcel map for approval,
hereinafter designated "Map", entitled Parcel Map. No. 17-0002 (Oyster Point) ("Subdivision"),
for purposes of conveyance of the Conveyed Property pursuant to the DDA and to create Parcels
5 and 6; and
WHEREAS, Developer has requested approval of the Map prior to the construction and
completion of the Phase IC Improvements, which are appurtenant to the Subdivision designated
in the Map, all in accordance with, and as required by, the plans and specifications for all or any
EXHIBIT A
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of the Phase IC Improvements in, appurtenant to, or outside the limits of the Subdivision; and
WHEREAS, the Map identifies existing streets and public easements that the City and
Developer intend will be vacated and removed concurrently with the future dedication and
acceptance of streets constructed as part of the new Phase IC Improvements into the City's street
system; and
WHEREAS, the City Engineer of the City of South San Francisco on , 2017
approved Parcel Map No. 17-0002 for purposes of conveyance of the Conveyed Property
pursuant to the DDA and to create Parcels 5 and 6, on the condition that Developer first ester
into and execute this Agreement with City and meet the requirements of the Resolution; and
WHEREAS, the DDA and DMSA collectively provide assurances that the Phase IC
Improvements will be completed in compliance with the City-approved plans for the Phase IC
Improvements, in a good worker-like manner and in accordance with the conditions of approval
and applicable law; and
WHEREAS, this Agreement is executed pursuant to the provisions of the Subdivision
Map Act of the State of California and Title 19 of the South San Francisco Municipal Code ,and
to address matters relating to the City's approval of the Map that are not specifically addressed in
the DDA and DMSA.
NOW, THEREFORE, for and in consideration of the approval of the Map, and in order to
ensure satisfactory performance by Developer and Developer's obligations under the Subdivision
Map Act, Title 19 of the Municipal Code, the parties agree as follows:
AGREEMENT
1. Relationship to Prior Agreements
(a) This Agreement is a mechanism to implement the obligations of Developer, City
and Agency with respect to conveyance of the Conveyed Property pursuant to the DDA and
development of the Phase IC Improvements, pursuant to and as contemplated by (i) Article III of
the DDA and (ii) the DMSA. In the event of a conflict between this Agreement and either the
DDA or the DMSA, the DDA or the DMSA, as the case maybe, shall control. (For avoidance of
doubt, in the event of a conflict between the DDA and the DMSA, the DDA shall control).
Capitalized terms used herein that are defined in the DDA or DMSA shall be defined as set forth
in the DDA or DMSA, as the case maybe.
(b) The parties acknowledge and agree that the DDA and the DMSA, collectively,
address substantially all of the matters that would typically be addressed in a Subdivision
Improvement Agreement approved by the City. Accordingly, the parties further acknowledge
and agree that it is appropriate to incorporate all applicable provisions of the DDA and DMSA
b y reference herein. Without limitation, the development of the Phase IC Improvements shall be
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EXHIBIT A
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performed in accardance with the DDA and DMSA with respect to the following matters
typically addressed in a Subdivision Improvement Agreement:
a. Performance of W
b. Time for Commencement and Performance
c. Time of Essence —Extension
d. Permits, Compliance with Law
e. Superintendence by Developer
f. Contract Security/Bonds
g. Hold Harmless Agreement
h. Developer's Insurance
i. Evidence of Insurance
j. Developer not Agent of City
k. Cost of En 'nom eerin~ and Inspection
1. As-Built Drawings
2. Places and Grades to be Fixed by City Engineer
All of the work is to be done at the places, and with the necessary materials, in the
manner and at the grades shown on the plans and specifications to be approved by the City
Engineer, as such approval not to be unreasonably withheld. All work shall be done to the
satisfaction of the City Engineer.
3. Repairs and Replacement
Developer or its general contractor shall replace or have replaced, or repair or have
repaired, all pipes and monuments which are destroyed or damaged, and Developer or its general
contractor shall replace or have replaced, repair or have repaired, or pay to the owner the entire
cost of replacement or repairs, of any and all property damaged or destroyed by reason of any
work done hereunder, whether such property be owned by the State of California, or any agency
or political subdivision thereof, or by any combination of such owners. Any such repair or
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EXHIBIT A
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replacement shall be to the satisfaction, and subject to the approval of, the City Engineer or the
corporation, person or agency, as such approval not to be unreasonably withheld.
4. Utility Deposit —Statement
Developer or its general contractor shall file with the City, when required by a public
utility corporation, a written statement signed by Developer or its general contractor and each
public utility corporation involved, to the effect that Developer or its general contractor has made
all deposits legally required by such public utility corporation for the connection of any and all
public utilities to be supplied by such public utility corporation within the Subdivision (exclusive
of Parcels 5 and 6).
5. Inspection by City
Developer shall at all times maintain proper facilities, and shall provide safe access, for
inspection by City, to all parts of the work and to the shops wherein the work is in preparation.
6. Title to Improvements
Title to, and ownership of, all Phase IC Improvements constructed hereunder by
Developer shall vest absolutely in City, or to such other public agencies, persons, partnerships,
associations or corporations to which dedications of easements were made or reserved upon the
completion and acceptance of such improvements by City or the agency, person, partnership,
association or corporation.
7. Repair and Reconstruction of Defective Work
If, within a period of one year after City's acceptance of the Phase IC Improvements, any
such improvements or part of any improvements furnished and/or installed or constructed, or
caused to be installed or constructed by Developer's general contractor, fails to fulfill any of the
requirements of this Agreement or the specifications referred to herein, or proves to be defective
or become damaged because of differential settlement, action of the elements, or ordinary usage,
except for catastrophic events, Developer's general contractor shall without delay and without
any cost to City repair or replace or reconstruct any defective or otherwise unsatisfactory part or
parts of the Phase IC Improvements. Should Developer's general contractor fail to act promptly
or in accordance with this requirement, or should the exigencies of the case require repairs or
replacements to be made before Developer's general contractor can be notified, City may, at its
option, make the necessary repairs or replacements or perform the necessary work, and
Developer or its general contractor, at Developer's election, shall pay to City the actual cost of
such repair plus fifteen percent (15%). Developer's general contractor shall at the time of
acceptance of the improvements by City or other public agency, provide the City with a
corporate surety bond, or other form of security approved by City (such approval not to be
unreasonably withheld) in the principal sum often percent (10%) of the direct cost of such
improvements without mark-up. The City shall release such corporate surety bond, or other form
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EXHIBIT A
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of security approved by City, upon expiration of the one-year period following City's acceptance
of the Phase IC Improvements and settlement of any claims filed during such one-year period.
8. Trenching and Backfilling
Developer shall require that all trenching and backfilling within and outside the property
lines for utility lines, including sanitary, storm, water and any other purposes, shall be done
under the inspection of a soils engineer who shall test the trenching and backfilling with a
sufficient number of soil tests to secure the proper compaction. If required as a condition to any
permit issued by City, Developer shall further require that a certificate be filed with the City
stating that said trenching and backfilling has been performed in accordance with the soils
engineer's recommendations.
9. Contract Security
Prior to the commencement of construction of any Phase IC Improvements, Developer
shall cause its general contractor to furnish "Performance Security" and/or "City Security" as set
forth in Section 6.5.1 of the DDA.
a. Breach of Agreement; Performance by Sureties or City
Following the provision of Performance Security and/or City Security, and in the event of
an "Event of Default" by Developer as defined in Section 10.2 of the DDA and Section 4.02 of
the DMSA, the following remedy shall be available to the City, in accordance with Section
1 0.6.1 of the DDA. Following provision of notice and expiration of all applicable cure periods
as set forth in the DDA, the general contractor's sureties shall have the duty to take over the
work and complete the work and the Improvement herein specified; provided, however, that if
the sureties, within five (5) days after being served notice of such breach, do not give City
written notice of their intention to take over the performance of the Agreement, and do not
commence performance thereof within five (5) days after notice to the City of such election, City
may take over the work and prosecute the same to completion, by contract or by any other
method City may deem advisable, for the account and at the expense of Developer or its general
contractor, and the sureties shall be liable to City for an y excess cost or damages occasioned by
City; and, in such event, City, without liability for so doing, may take possession of, and use in
completing the work, such materials, appliances, plant and other property belonging to
Developer or its general contractor as maybe on site of the work and necessary therefor.
10. Notice of Breach or Default
If Developer or its general contractor refuses or fails to obtain prosecution of the work, or
any severable part thereof, with such diligence as will insure its completion within the time
specified, or any extensions thereof, or fails to obtain completion of the work within such time,
or if the Developer or its general contractor should be adjudged as bankrupt, or if Developer or
its general contractor should make a general assignment for the benefit of Developer's or its
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EXHIBIT A
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general contractor's creditors, or if a receiver should be appointed in the event of Developer's or
its general contractor's insolvency, or if Developer or an y of Developer's contractors,
subcontractors, agents or employees should violate any of the provisions of the Agreement, the
City Engineer or City Manager may serve written notice upon Developer or Developer's general
contractor and Developer or its general contractor's sureties of breach of this Agreement, or of
any portion thereof, and default of Developer or its general contractor.
1 1. Vacation and Dedication of Public Easements and Improvements.
Pursuant to the DDA, City shall continue to own the parcel identified on the Map as
"New Parcel2 (Future Street)" following completion of the Subdivision and conveyance of the
Conveyed Property to Developer. City and Developer acknowledge that certain of the Phase IC
Improvements, defined as the "Streets and Utilities at Hub" in the DDA, will be constructed by
Developer on such New Parcel2 and subsequently accepted by the City at a later date (for
purposes hereof, the "Dedicated Improvements"). City and Developer further acknowledge
that the Map identifies certain existing easements, licenses, agreements and other similar
interests in real property (the "Vacated Easements"), and certain existing streets and other
improvements (the "Removed Improvements") that shall remain in place at the time of
conveyance of the Conveyed Property but shall be terminated, vacated or removed, as applicable
during subsequent development of the Phase IC Improvements, as depicted on the Map. In
addition, City and Developer intend that Developer will construct a temporary street and related
improvements for the City's use prior to completion and dedication of the Dedicated
Improvements and demolition of the Removed Improvements (the "Temporary
Improvements"), as depicted on Exhibit B. Following the effective date of this Agreement, and
pursuant to Section 6.11 of the DDA, the City and Developer agree to cooperate to take all
actions to timely complete the contemplated construction, dedications, and vacations as follows:
(a) Prior to commencement of construction of the Temporary Improvements,
Developer shall offer to City easements for such Temporary Improvements for public access and
public utilities purposes ("Temporary Easements"), in form and substance acceptable to City,
which shall provide that each Temporary Easement shall terminate concurrently with the City's
written acceptance of the Dedicated Improvements. Upon City's written acceptance of the
Temporary Easements, Developer shall use commercially reasonable efforts to timely commence
and prosecute to completion the construction of the Temporary Improvements, in accordance
with all required permits and agreements.
(b) Prior to completion of construction of the Temporary Improvements, Developer
shall take no action to prevent continued public use for roadway purposes of those portions of
Oyster Point Blvd. and Marina Blvd. shown on the Map; provided, however, that Developer shall
not assume any obligations relating to the maintenance or repair of such roads upon conveyance
of the Conveyed Property pursuant to the DDA nor shall Developer assume any liability relating
to or arising from the public's use of such roads; provided further: (1) that Developer or its
general contractor shall be responsible for repairs to such roads that are determined to be
necessary by the City Engineer and that arise as a result of use of the roads by the Developer or
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EXHIBIT A
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its contractors and (2) that Developer or its general contractor shall be liable for any claims,
damages or demands that arise from Developer or its contractors' use of such roads in a
negligent or grossly negligent manner (it being understood -that all maintenance and repair
obligations and any liability arising from the use of such roads shall remain with the City other
than as a result of actions by Developer or its contractors) until such time as the obligations of
the City in Section 11(d) below have been satisfied. Except as expressly set forth in this Section
1 1(b) or in the DMSA or DDA, the City shall indemnify, defend, and hold harmless Developer
and its officers, employees, agents, successors and assigns from any claim for damages or
injuries to persons or property arising from the use of such portions of Oyster Point Blvd. or
Marina Blvd. by any persons other than Developer or Developer's employees, agents,
contractors or invitees.
(c) Upon completion of construction of the Temporary Improvements, including any
required inspections by City thereof, Developer shall commence and diligently prosecute to
completion the demolition of the Removed Improvements and the development of the Dedicated
Improvements, in accordance with the DDA and DMSA.
(d) Upon completion of demolition of the Removed Improvements and construction
of the Dedicated Improvements, including any required inspections by the City, the City (or the
Successor Agency as obligated in the DDA) and Developer shall take all necessary and proper
actions to timely effectuate (1) dedication and acceptance of the Dedicated Improvements, (2)
vacation or termination of the Vacated Easements, and (3) vacation or termination of the
Temporary Easements. The parties contemplate that such dedication and vacations will be
effectuated through a subsequent Parcel Map; however, nothing herein shall be construed as
prohibiting the parties from using alternative means that are consistent with applicable law.
1 2. Notices
All notices herein required shall be given in accordance with Section 7.01 of the DMSA
and as follows:
To City: City of South San Francisco
400 Grand Avenue
South San Francisco, CA 94080
Attn: City Manager and Assistant City Manager
With a copy to: Meyers Nave
555 12`h Street, Suite 1500
Oakland, CA 94607
Attn: Steven T. Mattas, Assistant City Attorney
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EXHIBIT A
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To OPD: Oyster Point Development, LLC
401 Marina Boulevard, Suite 200
South San Francisco, California 94080
Attn: Chao Wu, Chief Executive Officer
With a copy to: Morrison & Foerster LLP
425 Market Street
San Francisco, CA 94105
Attn: Zane Gresham
1 3. Assi ng~ent
Subdivider agrees that this Agreement shall bind Subdivider and Subdivider's successors
in interest, heirs and assigns.
13. Governing Law
The laws of the State of California shall govern this Agreement.
14. Severability
If a court of competent jurisdiction finds or rules that any provision of this Agreement is
invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in
full force and effect. The invalidity in whole or in part of any provision of this Agreement shall
not void or affect the validity of any other provision of this Agreement.
1 5. Parties Obli ~ated
Developer agrees that this Agreement shall bind Developer and Developer's successors
in interest, heirs and assigns.
16. Attorney's Fees
If a party to this Agreement brings any action, including an action for declaratory relief,
to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to
reasonable attorneys' fees in addition to any other relief to which that party maybe entitled. The
court may set such fees in the same action or in a separate action brought for that purpose.
[signatures on the following page]
EXHIBIT A
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of
the date first written above.
CITY:
CITY OF SOUTH SAN FRANCISCO,
a municipal corporation
DEVELOPER:
Oyster Point Development, LLC,
a Delaware limited liability company
I~
Mike Futrell, City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
Chao Wu, Chief Executive Officer
City Attorney
EXHIBIT A
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EXHIBIT A
Description of Property
[Legal Description of Property Subject to Parcel Map]
EXHIBIT A
Page 10 of 16
EXHIBIT A
A LL THAT REAL PROPERTY SITUATE IN THE CITY OF SOUTH SAN FRANCISCO, COUNTY OF SAN
M ATED, STATE OF CALIFORNIA MORE PARTICULARLY DESCRIBED AS FOLLOWS:
B EGINNING AT A POINT THAT IS THE INTERSECTION OF THE EASTERLY LINE OF GULL DRIVE WITH
THE SOUTHERLY LINE OF PARCEL A AS SHOWN ON PAGE 7 OF THAT CERTAIN PARCEL MAP NO. 99-
005 FILED ON DECEMBER 8, 1999 IN BOOK 72 OF PARCEL MAPS AT PAGES 6 - 8 IN THE OFFICIAL
R ECORDS OF SAN MATED COUNTY, CALIFORNIA;
THENCE N 01° 39' 45" E FOR A DISTANCE OF 27.24 FEET TO A POINT, SAID POINT BEING THE
B EGINNING OF A CURVE TO THE LEFT HAVING A RADIUS OF 520.55 FEET AND A CENTRAL ANGLE
O F 37° 40' 44", TO WHICH POINT A RADIAL LINE BEARS S 88° 20' 15" E;
THENCE ALONG SAID CURVE FOR A DISTANCE OF 342.32 FEET;
THENCE, N 36° 00' S9" W FOR A DISTANCE OF 111.60 FEET;
THENCE, N 37° 35' 47" W FOR A DISTANCE OF 95.40 FEET TO A POINT, SAID POINT BEING THE
B EGINNING OF ANON-TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 68.43 FEET AND A
CENTRAL ANGLE OF 43° 21' 20", TO WHICH POINT A RADIAL LINE BEARS S 70' 36' S4" W;
THENCE ALONG SAID CURVE FOR A DISTANCE OF 51.78 FEET;
THENCE N 80~ 06' 10" E FOR A DISTANCE OF 10.55 FEET;
THENCE N 53' 02' 05" E FOR A DISTANCE OF 31.13 FEET;
THENCE N 34° 15' 34" W FOR A DISTANCE OF 9.00 FEET;
T HENCE N 43~ 08' 03" E FOR A DISTANCE OF 62.07 FEET;
THENCE N 85~ 46' S5 " W FOR A DISTANCE OF 144.09 FEET;
THENCE N 00° 00' S5" W FOR A DISTANCE OF 20.95 FEET TO A POINT, SAID POINT BEING THE
B EGINNING OF ANON-TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 385.83 FEET AND A
CENTRAL ANGLE OF 06° 02' 32", TO WHICH POINT A RADIAL LINE BEARS S 15° 03' 48" E;
THENCE ALONG SAID CURVE FOR A DISTANCE OF 40.69 FEET;
THENCE S 63° 09' 48" E FOR A DISTANCE OF 13.12 FEET TO A POINT, SAID POINT BEING THE
B EGINNING OF ANON-TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 395.67 FEET THROUGH
A CENTRAL ANGLE OF 25° 59' OS", TO WHICH POINT A RADIAL LINE BEARS 5 22~ 22' 46" E;
THENCE ALONG SAID CURVE FOR A DISTANCE OF 179.44 FEET;
THENCE N 41° 38' 09" E FOR A DISTANCE OF 122.56 FEET;
EXHIBIT A
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THENCE S 54° 47' 39" E FOR A DISTANCE OF 8.46 FEET;
THENCE N 34° 49' OS" E FOR A DISTANCE OF 89.36 FEET;
THENCE N 46~ 03' 05" E FOR A DISTANCE OF 208.12 FEET TO A POINT, SAID POINT BEING THE
B EGINNING OF ANON-TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 205.00 FEET
THROUGH A CENTRAL ANGLE OF 26° 37' 38", TO WHICH POINT A RADIAL LINE BEARS
N 15°21'18"W;
THENCE ALONG SAID CURVE FOR A DISTANCE OF 95.27 FEET;
THENCE N 00~ 00' S5" W FOR A DISTANCE OF 278.18 FEET;
THENCE N 89~ 59' 05" E FOR A DISTANCE OF 531.33 FEET
THENCE S 00° 00' 24" E FOR A DISTANCE OF 21.43 FEET TO A POINT, SAID POINT BEING THE
B EGINNING OF ANON-TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 125.95 FEET AND A
CENTRAL ANGLE OF 88° 57' 42", TO WHICH POINT A RADIAL LINE BEARS N 05° 01' 03" W;
THENCE ALONG SAID CURVE FOR A DISTANCE OF 195.56 FEET;
THENCE S 03° 58' 45" E FOR A DISTANCE OF 25.53 FEET;
THENCE S 05° 58' 39" E FOR A DISTANCE OF 65.98 FEET;
THENCE S 10' S9' 30" E FOR A DISTANCE OF 22.42 FEET;
THENCE S 22° 13' 39" E FOR A DISTANCE OF 77.55 FEET;
THENCE S 37° 12' 16" E FOR A DISTANCE OF 101.18 FEET;
THENCE 5 51' S2' 44" E FOR A QISTANCE OF 91.48 FEET;
THENCE S 60' 39' 10" E FOR A DISTANCE OF 22.25 FEET;
THENCE S 70` 35' S9" E FOR A DISTANCE OF 45.53 FEET;
THENCE S 68~ 22' 00" E FOR A DISTANCE OF 28.21 FEET;
THENCE 5 63° 56' 22" E FOR A DISTANCE OF 55.27 FEET;
THENCE S 59° 13' S6" E FOR A DISTANCE OF 60.97 FEET;
THENCE 5 88' 49' S0" E FOR A DISTANCE OF 155.68 FEET;
THENCE S 07° 36' 22" W FOR A DISTANCE OF 283.63 FEETTO A POINT, SAID POINT BEING THE
B EGINNING OF ANON-TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 856.00 FEET AND A
CENTRAL ANGLE OF 12° 03' 47", TO WHICH A RADIAL LINE BEARS S 07° 36' 22" W;
EXHIBIT A
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THENCE ALONG SAID CURVE FOR A DISTANCE OF 180.22 FEET;
THENCE S 20~ 05' 10" W FOR A DISTANCE OF 60.07 FEETTO A POINT, SAID POINT BEING THE
B EGINNING OF ANON-TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 1168.50 FEET AND A
CENTRAL ANGLE OF 07° 11' 38", TO WHICH POINT A RADIAL LINE BEARS S 17° 41' S6" W;
T HENCE ALONG SAID CURVE FOR A DISTANCE OF 146.71 FEET TO A POINT OF COMPOUND
C URVATURE, SAID POINT BEING THE BEGINNING OF A CURVE TO THE LEFT HAVING A
R ADIUS OF 913.50 FEET AND A CENTRAL ANGLE OF 12° 00' 36", TO WHICH POINT A RADIAL
L INE BEARS S 10~ 30' 18" W;
T HENCE ALONG SAID CURVE FOR A DISTANCE OF 191.48 FEET TO A POINT OF COMPOUND
C URVATURE, SAID POINT BEING THE BEGINNING OF A CURVE TO THE LEFT HAVING A RADIUS
O F 1088.37 FEET AND A CENTRAL ANGLE OF 25° 14' 14", TO WHICH POINT A RADIAL LINE BEARS
S 01~ 30' 17" E;
THENCE ALONG SAID CURVE FOR A DISTANCE OF 479.40 FEET TO A POINT OF REVERSE
C URVATURE, SAID POINT BEING THE BEGINNING OF A CURVE TO THE RIGHT HAVING A RADIUS
O F 496.50 FEET AND A CENTRAL ANGLE OF 34° 43' S9", TO WHICH POINT A RADIAL LINE BEARS
N 26° 44' 32" W;
THENCE ALONG SAID CURVE FOR A DISTANCE OF 300.98 FEET;
T HENCE S 00° 45' 17" W FOR A DISTANCE OF 384.11 FEET;
THENCE S 87° 28' S8" W FOR A DISTANCE OF 79.42 FEET;
THENCE S 83° 24' 03" W FOR A DISTANCE OF 80.14 FEET;
THENCE 5 77° 44' 18" W FOR A DISTANCE OF 69.68 FEET;
THENCE S 66~ 04' S4" W FOR A DISTANCE OF 80.39 FEET;
THENCE N 79' 14' 25" W FOR A DISTANCE OF 24.50 FEET;
THENCE S 85° 36' 39" W FOR A DISTANCE OF 37.90 FEET;
THENCE S 68° 54' 02" W FOR A DISTANCE OF 54.13 FEET;
THENCE N 65° 40' 32" W FOR A DISTANCE OF 41.34 FEET;
THENCE N 81~ 14' 05" W FOR A DISTANCE OF 97.58 FEET;
T HENCE S 89° 14' 02" W FOR A DISTANCE OF 47.67 FEET;
THENCE N 86° 01' S0" W FOR A DISTANCE OF 119.99 FEET;
THENCE S 87~ 31' 14 " W FOR A DISTANCE OF 27.90 FEET;
EXHIBIT A
Page 13 of 16
THENCE S 83' 41' 38" W FOR A DISTANCE OF 64.38 FEET;
THENCE 5 89° 58' S6" W FOR A DISTANCE OF 61.70 FEET;
T HENCE N 89° 33' 20" W FOR A DISTANCE OF 60.00 FEET;
THENCE N 79° 37' 03" W FOR A DISTANCE OF 60.00 FEET;
T HENCE S 89' 32' 27" W FOR A DISTANCE OF 60.00 FEET;
THENCE S 89~ 59' 14" W FOR A DISTANCE OF 60.00 FEET;
T HENCE S 84° 55' 16" W FOR A DISTANCE OF 51.08 FEET;
THENCE S 00° 45' 17" W FOR A DISTANCE OF 137.22 FEET;
T HENCE S 89° 55' 25" W FOR A DISTANCE OF 737.35 FEET TO THE POINT OF BEGINNING.
CONTAINS 1,402,154 SQUARE FEET OR 32.189 ACRES±
T HE BASIS OF BEARINGS FOR THIS DESCRIPTION IS THE SAME AS REFERENCED ON THE
A FOREMENTIONED PARCEL MAP NO. 99-005.
~~A` ~~~8DESCRIPTION PREPARED BY: cog G9
fiOPdAL.d P. ~t
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R ONALD P. CAMERON, P.L.S. L9185 ~'~j. ~~~
LICENSE EXPIRES 03/31/2019 ~0~ ~~►~.14
EXHIBIT A
Page 14 of 16
EXHIBIT B
Temporary Easements and Improvements
[Diagram showing location of temporary road easement]
2852515.1
EXHIBIT A
Page 15 of 16
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Page 16 of 16