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ORD 388 ORDINANCE NO. 388 AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES APPROVING AMENDMENT NO. 2 TO THE OCEAN TRAILS DEVELOPMENT AGREEMENT WHEREAS, California Government Code Section 65864 et seq. authorizes cities to enter into development agreements with private property owners; and WHEREAS, the Rancho Palos Verdes City Council (the "City Council") previously adopted Ordinance No. 328 approving that certain Development Agreement (the "Development Agreement") by and between the City of Rancho Palos Verdes (the "City") and Palos Verdes Land Holdings Company, L.P., a California limited partnership, and the Zuckerman Entities (as defined in the Development Agreement), dated as of November 20, 1997, and recorded on December 8, 1997, as Instrument No. 97-1929840 in the Official Records of Los Angeles County, California; and WHEREAS, pursuant to Government Code Section 65868, development agreements may be amended; and WHEREAS, the City Council previously approved an Amendment to Ocean Trails Development Agreement (the "First Amendment"), by and between the City and Ocean Trails, L.P., the successor in interest to Palos Verdes Land Holdings Company, L.P. and the Zuckerman Entities, on September 18, 2001, and recorded on December 3, 2001 as Instrument No. 01-2301342 in the Official Records of Los Angeles County, California. The Development Agreement and the First Amendment are sometimes referred to collectively herein as the "Agreement"; and WHEREAS, VH Property Corp. ("Developer") is the successor in interest to Ocean Trails, L.P; and WHEREAS, City and Developer's predecessors in interest originally intended that the Development Agreement allow for the extension of the tentative tract maps regarding the Property, pursuant to California Government Code Section 66452.6(a), but no explicit language to that effect is set forth in the Agreement; and WHEREAS, the parties now wish to memorialize their intent that the Development Agreement allow for the extension of any approved tentative tract maps regarding the Property, provided that such extension not exceed the term of the Agreement; and WHEREAS, the City Council conducted a duly noticed public hearing on February 18, 2003, at which time all interested parties were given an opportunity to be heard and present evidence regarding the proposed Second Amendment. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The proposed Second Amendment to the Development Agreement makes a minor amendment to the Development Agreement to amend certain of its terms to allow the City to grant extensions of an approved tentative map for the Project for the duration of the term of the Development Agreement. This minor change to the Development Agreement does not make any physical change to the Project or to the conditions of approval that were imposed on the Project and conforms to the maps and policies of the City's General Plan. Accordingly, the revision to the Development Agreement is consistent with all applicable provisions of the General Plan. Section 2. The proposed Second Amendment to the Development Agreement complies with the requirements of California Government Code Sections 65865 through 65869.5. Section 3. The proposed Second Amendment to the Development Agreement will not be detrimental, or cause adverse effects, to adjacent property owners, residents, or the general public, since the project will be constructed in accordance with the plans that were approved previously by the City Council. Section 4. The proposed amendment to the Development Agreement does not alter the clear and substantial benefit to the residents of the City of the Project, since the proposed amendment makes no substantive changes Project or to the Development Agreement. Section 5. For the foregoing reasons and based on the information contained in the staff reports, supporting documentation, minutes and other records of the proceedings, all of which are incorporated herein by this reference, the City Council hereby approves the proposed Second Amendment to the Development Agreement with VH Property Corp., which amendment is attached hereto as Exhibit "A" and incorporated herein by this reference. Section 6. The City Clerk shall cause this Ordinance to be posted in three (3) public places in the City within fifteen (15) days after its passage, in accordance with the provisions of Section 36933 of the Government Code. The City Clerk shall further certify to the adoption and posting of this Ordinance, and shall cause this Ordinance and its certification, together with proof of posting, to be entered in the Book of Ordinances of the Council of this City. Section 7. This Ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the thirty-first (31St) day after its passage. PASSED, APPROVED and ADOPTED this th da of Mar 2003. i Ai 1160 Mayor Attest: Iif 41-9, / , , "/ "/ City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES )ss CITY OF RANCHO PALOS VERDES ) I, JO PURCELL, City Clerk of the City of Rancho Palos Verdes, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Ordinance No. 388 passed first reading on February 18, 2003, was duly and regularly adopted by the City Council of said City at a regular meeting thereof held on March 4, 2003, and that the same was passed and adopted by the following roll call vote: AYES: Clark, Ferraro, Gardiner, McTaggart, and Mayor Stern NOES: None ABSENT: None ABSTAIN: None - ./9 r; at City Clerk Ordinance No. 388 Page 2 of 2 A. This page is part of your document- DO NOT DISCARD 4, 03-1139102 RECORDED/FILED IN OFFICIAL RECORDS RECORDER'S OFFICE LOS ANGELES COUNTY CALIFORNIA 12:41PM APR 22 2003 TITLE(S) 111 IIIIH111111111 LEAD SHEET FEE D.T.T FREE p CODE 20 CODE 19 CODE 9 Assessor's Identification Number (AIN) To be completed by Examiner OR Title Company in black ink. Number of Parcels Shown THIS FORM NOT TO BE DUPLICATED Ti 1/1 RECORDING REQUESTED BY AND 03-1139100 WHEN RECORDED RETURN TO: CITY CLERK CITY OF RANCHO PALOS VERDES 30940 Hawthorne Boulevard Rancho Palos Verdes, CA 90275-5391 A1VIEND1VIENT NO. 2 TO OCEAN TRAILS DEVELOPMENT AGREEMENT (Pursuant to California Government Code Section 65868) THIS AMENDMENT NO. 2 TO OCEAN TRAILS DEVELOPMENT AGREEMENT ("Second Amendment") is entered into this 4th day of March, 2003 by and between VH Property Corp., a Delaware corporation ("Developer"), and the City of Rancho Palos Verdes, a municipal corporation organized under the laws of the State of California (the "City"). RECITALS A. Palos Verdes Land Holdings Company, L.P., a California limited partnership, and the Zuckerman Entities (as defined in the Agreement), as predecessors in interest to Developer, and City entered into that certain Development Agreement (the "Original Agreement") dated as of November 20, 1997, and recorded on December 8, 1997, as Instrument No. 97-1929840 in the Official Records of Los Angeles County, California, as amended by that certain Amendment to Ocean Trails Development Agreement (the "First Amendment"), dated as of September 18, 2001, and recorded on December 3, 2001 as Instrument No. 01-2301342 in the Official Records of Los Angeles County, California (referred to collectively with the Original Agreement, as the "Agreement"), pursuant to which Developer has certain vested rights to develop that certain real property described and/or depicted on Exhibit A attached hereto (the "Property"). Except as expressly stated to the contrary, all capitalized terms set forth herein shall have the same meaning as set forth in the Agreement. B. City previously approved Tentative Tract Map No. 50666 and Tentative Tract Map No. 50667 regarding the Property and subsequently approved certain amendments thereto. C. Final Tract Map No. 50667 was previously recorded as Instrument No. 99- 1934089 in the Office of the County Recorder of Los Angeles County, California, on October 12, 1999. D. City and Developer's predecessors in interest originally intended that the Agreement allow for the extension of the tentative tract maps regarding the Property, pursuant to California Government Code Section 66452.6(a). 1 • 03 1139102 Both parties now wish to memorialize such original intent, due to the lack of explicit language to that effect in the Agreement. Thus, this Second Amendment is for the mutual benefit of both City and Developer. E. On March 4, 2003, the City Council of City adopted Ordinance No. 388, approving this Second Amendment. Developer and City desire to amend the Agreement to reflect the foregoing. AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals, and the mutual promises and agreements contained herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: 1. Section 7 of the Agreement, entitled Term, is hereby amended by adding new paragraph 7.1 to the end of that Section 7 to read as follows: "7.1 Extension of Tentative Tract Maps. Pursuant to _ California Government Code Section 66452.6(a), a tentative map on property subject to a development agreement may be extended for the period of time provided for in the _ agreement, but not beyond the duration of the agreement. Accordingly, the term of Tentative Tract Map No. 50666, and any other tentative map approved by the City Council of City with respect to any portion of the Project, may be extended one or more times with the approval of the City Council of City, provided that no such extension shall extend the expiration date of Tentative Tract Map No. 50666 or any other approved tentative map pertaining to any portion of the Project beyond the term of this Agreement." 2. Full Force. Except as specifically set forth herein, the Agreement shall remain in full force and effect. 3. Counterparts. This Second Amendment may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. A facsimile signature shall be deemed an original signature. 4. Authority. The persons executing this Second Amendment on behalf of Developer and City represent and warrant that they are duly authorized so as to fully and legally bind Developer and City, respectively. Page 2 of 4 . ,„ • 03 119102 IN WITNESS WHEREOF, this Second Amendment is executed as of the date first written above. "DEVELOPER": VH PROPERTY CORP., a Delaware corporation 411111111101 By. ame: ;Ale. '�'/�D Title: f Y ' !/b-GvPIeieivj— By: Name: Title: THE "CIT CITY OF ' • , 0 PASS VERDES A ft By: M;yor Atte4°_,LtiCe-Pn t: City Clerk STATE OF CALIFORNIA COUNTY OF (-0; ! eIe,s OnAPrrl 11-11d01Mbefore me, 6. • • � g A , a Notary Public, personally appeared 1 h eP��7 � �2 I i r� e (or proved to me on the basis of satisfactory evidence) to be the person'es, whose name is/aresubscribed to the within instrument and acknowledged to me that he/she/they-executed the same in his/her-41.64r authorized capacity(1efkl, and that by his/heritheir signature`s,) on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. J. WITNESS my hand and official seal. Cemmbion di 1412943 _ I tialav Public, 1 PP, tee MOMS caM► M1rftmt Moping Mor t.i00 Signature ) M$ JO � � 1�a�L (Seal) Page 3 of 4 • . eh/14/2003 09:13 310265 6 OCEAN TRAILS G PAGE 04 • EXHIBIT"A-1" Legal Description of Fee Property • • Lots 1 t 39 inclusive and Lots A,B, C,D,E,G,H,I and K of Tract No.50667,in the City of Rancho Palos Verdes, County of Los Angeles,State of California,as per map recorded in Book 1241 Pages 71 to 82 inclusive of maps,in the Office of the County Recorder of said county,a certificate of correction of which was recorded April 25,2000 as Instrument No.00-622434,Official Records, Parcel 1: That portion of Lot "H' of the Rancho Los Palos.Verdes, in the City of Rancho Palos Verdes, County of Los Angeles,State of Califonii2,Allotted to Jotham Bixby by Decree of partition in the actinn"Rixhy et al_,vs_Bent et al.,"Case No.2373,in the District Court of the 17th Judicial District of said State of California,in and for County of Los Angeles and entered in Book 4 Page 57 of Judgments, in the Superior Court of said County, Described as follows: Beginning at the Southwesterly corner of Parcel 92,as shown on L.A.C.A.Map No.51,recorded in Book I Page 1 of Assessor's Maps,in the office of the County Recorder of said County,thence South 9°03' 10"West 25.00 feat to the center line of Palos Verdes Drive South as shown on said Map,thence South 80°56'50"East along said center line 953.10 feet to the beginning of a tangent curve concave to the South and having a radius of 500.00 feet,thence Easterly along said curve 150.00 feet to a point,the radial line to said point bearing North 26` 14'29"East thence South 28°27'25"West 637.88 feet,thence South 56°48'36"West 494.64 feet to the true point of beginning of the Parcel being hereby described,thence North 38°28'00"West 1054.66 feet, thence South 53° 58'21" West 408.04 feet,thence South 14°55'53" West 15$.24 feet,thence South 62" 14'52"West to the ordinary high tide line of the - Pacific Ocean, thence following said ordinary high tide line in a general Southeasterly direction to the intersection with a line described as: Beginning at the said true point of beginning,thence South 56°48'36"West 300.00 feet to point "A" hereinafter referred to, thence South 45' 20' 20" West, to the said ordinary high tide line, thence continuing along the boundary lines of the parcel being hereby described,North 45°20'20"East to said Point"A", thence North 56°48'36"East 300.00 feet to the true point of beginning. EXCEPT'THEREFROM any portion of said land lying outside of the patent lines of the Rancho Los Palos Verdes, as such lines existed at the time of the issuance of the patent,which was not formed by the deposit of alluvion from natural causes and by imperceptible degrees. Said land is a portion of Parcel 102,as shown on said L.A.C.A.Mao No.51. Parcel 2; That portion of Lot "H" of the Rancho Los Palos Verdes, in the City of Rancho Palos Verdes, County of Los Angeles,State of California,ifornia,allotted to Jotham Bixby by Decree of partition in the Action"Bixby et al.,vs.Bent at al.,"Case No.2373,in the District Court of the 17th Judicial District of said State of California,in and for County of Los Angeles and entered in Book 4 Page 57 of Judgments, in the Superior Court of said County, Described as follows: Beginning at the Southwesterly corner of Parcel 92, as shown on L.A.C.A.MapNo.51,recorded in Book 1 Page 1 of Assessor's Maps,in the office of the County Recorder of said County,thence South 9°03' 10"West 25.00 feet to the cents;line of Palos Verdes Drive,South as shown on said map,thence South 30.56'30"East along said center line 684.82 feet to the true point of beginning of the parcel being hereby described,thence South 80° 56'56"East along said center line 268.28 feet to the beginning of a tangent curve concave to the South and having a radius of 500.00 feet,thence Easterly along said curve 150.00#bet to a point,the radial line to said point bearing North 26' I4' 29" East, said point being designated as point "B" for the purpose of this description, thence continuing Southeasterly along said curve 381,55 feet, thence South 20° 02' 10" East 113.33 feet, thence South 43° 16' 43" West to the ordinary high title line of the Pacific Ocean,thence in a general Northwesterly direction along said high tide line to the intersection with a line described as beginning at the above described point"B",thence South 28°27' Wit 03 1139102 • IP/14/2003 09:13 310265 6 OCEAN TRAILS G PAGE 05 -' s~ .V,wrJ ti• 25"West 637.88 feet,thence South 560 48'36"West 794.64 feet to a point"A"hereinafter referred to,thence South 45°20'48"West to the ordinary high tide line of the Pacific Ocean,thence continuing along the boundary line of the Parcel being hereby described North 45°20'20"East to the hereinbefore described point"A", thence North 56°48' 36"East 300.00 feet thence North 38°28'00"West 351.49 feet, thence North 56°48'36"East 438.55 feet,thence North 28'27'25"East 290.84 feet,thence North 9°03' 10"East 150.00 feet to said true point of beginning. Except thdtefrom that portion within the boundary lines of Palos Verdes Drive South,as shown on map CSB-1082-3 on file in the office of the County engineer of said County, and as described in deed so the County of Los Angeles, recorded on December 73,1952 as Instrument No.3469 in gook 40587 Page 224,Official Records of said County. Also except therefrom that portion of said land, included within the land as described in the deed to Palos Verdes Properties,recorded March 3, 1972 as Instrument No. 1865 Official Records of said County. Also except any portion of said land lying outside of the patent lines of the Rancho Los Palos Verdes,as such lines existed at the time of the issuance of the patent,which was not formed by the deposit of alluvion from natural causes and by imperceptible degrees. Said land is a portion of Parcels 101 and 102 as shown on said L.A.C.A.Map No.51. Parcel 3: That portion of Lot "H" of the Rancho Los Palos Verdes, in the City of Rancho Palos Verdes, County of Los Angeles,State of California,allotted to Jotham Bixby �► Y by Decree of partition in the action"Bixby et al.,vs.Bent et al,, Case No.2373,in the Distract Court of the 17th Judicial District of said State of California, n and for Countyof - Los Angeles and entered in Book 4 Page 57 of Judgments, follows: g in the Superior Court of said County, Described as Beginning at the Southwesterly corner of Parcel 92,as shown on L.A.C.A.MapNo. 51.recorded of Assessor's Maps,in the office of the CountyRecorder in Book I Page 1 of said County,thence South 9°03' 10"West 25.00 fact to the center line of Palos Verdes Drive,South as shown on said Ma thence South 80°56'50" line 953.10 feet to the beginning of a tangent curve concavep' East along said center g�8 8 to the South and having a radius of 500.00 feet,thence Easterly along said curve 531.55 feet,thence South 20°02' 10"East 113.33 foot to the be • concave to the Northeast and having a radius of 1200 feet, the beginning oh tnagcat curve point of beginning of the beginning of said last mentioned curve being the true 8 g Parcel being hereby described,thence Southeasterly along said curve 1051.00 feet.thence South 70° 15'33"Fast 461.13 feet to the beginning of a tangent curve concave to the of 2000.00 feet,thence Southeasterlyalongsaid curveSouthwest and baying a radius 42" West 719.45 feet,thence 1175.00 feet,thence non-talent to said curve South 48°21' South 80.00 feet,thence South 23°00' 00" West to the ordinary high tide line of the Pacific Ocean,thence in a general Westerly and Northwesterlydirection alongsaid high8 with a line bearing South 43° 16'43"West from tide line to the intersection true point of beginning. the true point of beginning,thence North 43° 16'43"East to the EXCEPT THEREFROM that portion of said Land included within the laud of eeCmatiou enteredland as descn'bed in a Parcel A .�the final on Los Angeles County Superior Court Case No.884831,a certified e copyof which "�recorded January 4, 1968 as Instrument No.2021,official Records of said Cour said P by an Order Num Pro Tune entered in said Loa An altY, neral A was amendedg s County Superior Court Case No.884831,a certified copy of which was recorded June 27, 1968 as Instrument No.3089. - ALSO EXCEPT THEREFROM that portion of said land,included within rhe Verdes Properties,recorded Marchfend as described in the deed to Palos 3, 1972 as Instrument No. 1865 Official Records of said County. ALSO EXCEPT THEREFROM any portion of said land lying outside of thepatent Verdes, as such lines existed at the time ofY� lines ©f the Rancho Los Palos the issuance of the patent, which was not farmed by the deposit of aliuvion nom natural causes and by imperceptible degrees. Said land is a portion of Parcels 100. 101 and 102 as shown on said L..A.C.A.Map No.S I. 03 1139102 Q-A . �04/?4/2003 09:13 310265 ^ 6 OCEAN TRAILS GO PAGE 06 • r' -•I y.' ALSO EXCEPT THEREFROM the following described land: That portion of Lot 100 of Los Angeles County Assessor's Map No.51 in the City of Rancho Palos Verdes,County of Los Angeles, State of California, recorded in Book 1 Page 1 of Assessor's Map; in the Office of the County Recorder of said County,and also filed as County Surveyor's Map No. B-1879 on file in the Office of the County Surveyor of said County,within the following described boundaries: Beginning at the Nort11Westerly terminus of that certain Curve in the proposed crotaline of Paseo Del Mar, 80.00 feet wide, described as Parcel 2-2, Part A in deed recorded October 10, 1975 as instrument No. 5050 of Official Records,in the Office of said County Recorder,and shown on Los Angeles County Surveyor's Map No.B-1156 as having a radius of 2000.00 feet and a total length of 1801.62 feel, thence Southeasterly along said curve an arc distance of 1175.00 feet,through a central angle of 33°39'40"to the Easterly line of the land described as Parcel 3 in deed recorded January 4,1967 in Book D-3522 Page 577 of said Official Records,thence along said Easterly line South 48°21'42"West 40.16 feet to a point on the sideline of said Pasco Dcl Mar,being also the true point of beginning of this description,thence continuing along said Easterly line South 48°21'42"West 9.74 feet to a point that is 50.20 feet from the center line of Paseo Del Mar as described above, thence along a non-tangent curve concave to the Southwest baying a radius of 1950.00 feet,the radial line of said curve bears North 53°28'35"East, thence along said curve through a central angle of 22°49'56" a distance of 777.07 feet to a curve concave to the South having a radius of 27.00 feet, the radial line to said curve bears North 30°38' 39" East, thence along said curve through a central angle of 91°45'29" an arc distance of 49.24 Feet to a point in the West line of the land, descn'bed as Parcel A in the final order of condemnation entered in Los Angeles County Superior Court Case No. 884831,a certified copy of which was recorded January 4,1968 as Instrument No.2021,said Parcel A was amended by Order No=Pro Tunc entered in said Los Angeles County Superior Court Case No. 884831,a certified copy of which was recorded June 27, 1968 as Instrument No. 3084,both in said Official Records,said line is ' described in said order as having a bearing of North 280 55'27"East and a length of 302.10 feet,said point being Snuth 28°55' 27"West 36.65 feet from the Southwesterly line of said Paseo Del Mar,thence North 28°55'5 27"East 36.65 feet to the Southwesterly line of said Paseo Del Mar, thence along said Southwesterly line of said Paseo Del Mar Southeasterly along a curare Concave Southwesterly and having a radius of 195 feet 80R.29 feet to the point of beginning ALSO EXCEPT THEREFROM that portion of said land lying within the lines of Tract No. $0667,in the Cityof Rancho Palos Verdes,County of Los Angeles,State of inclusive in the California,� as per map recorded in Book 1241 Pages 71 to 82 office of the county recorder of said county. Said land is a portion of Parcel 100,101 and 102 as shown on said L.A.C.A.Map No.51. • Parcel 4: A Strip of land 12.00 feet wide,measured at right angles, in Lot 102 of L.A.C.A.No. 51, in Countyof Los the City of Rancho Palos Verdes, Angeles, State of California, as per map recorded in Book 1 Page 1 of A Maps,in the office of the County Recorder of said County, extendingssesso�s Drive South,as shown from the Southwesterly line of Palos Gerdes . on said map,tel a Southerly direction to the Northeasterly boundaryof the land described deed recorded�cvrdod as Document No. 1301 on September 4, 1956, in bed sa A �����WestePBook 52202 Page 21 Official Records of said County, by the Easterly boundary of Tract No. 16540 asper maprecorded ' 76 and 77 of Maps,records of said Co and bounded on In Book 625 PagesY the East by a line that is parallel with said Easterly boundary and 12.00 feet,measured at right angles,Easterly therefrom. Parcel S: 4... That portion of Lot 100 of Los Angeles County Assessor's Map No.51,in the Cityof Rancho Palos' of Los Angeles,State of California,recorded in ewes,County Book 1 Page(s) 1 o f Assessor's Maps in the office of the County Recorder of said county, and also filed as County Surveyor's Map No. 8-1879 on file in the Surveyor of said Countyshown as Parcel A in office of the County the Final Order of Condemnation entered in Los Angeles Co unty Superior Court Case No. 884831,a certified copy of which was recorded January4, 1968 as Official Records of said county,said Parcel A wasInstrument NQ,2021, amended by Order Nunc Pro Tunc entered in said Los Angeles 031139102 ZAA . 04/14/2003• 09:13 310265 6 OCEAN TRAILS G PAGE 07 County Superior Court Case No. 884831 a certified copy of which was recorded June 27, 1968 as Instrument 3084,Official Records of said county. No. EXCEPTTHEREFROM that portion of said land within the following described boundaries: Commencing at the Northwesterly terminus of that certain curve in thero os F p ed centerline of Paseo Del Mar,80.00 feet wide, described as'Parcel 2-2, Part A in deed recorded October 10, 1975 as Instrument No. 5050 of Official Refxrds, in the office of sato county recorder, and shown on Los Angeles Cohn Surveyor's having a radius of 2000.00 feet and a total length �' y''° Map No. B-1156 as of 1801.62 feet, thence Southeasterly along said curve an arc distance of 1175.00 feet,through a central angle of 33°39'41"to the Easterly line of the land described as ars in deed recorded JanuaryParcel 3 o 4, 1967 in Book D3522 Page 577.of said Official Records,thence along said Easterlyline South 48 21'42" West 40.16 feet to a point on the sideline of said Pasco Del Mar,beingalso beginning of this description,thence continuing aloe said Easterly line48° ,42"West the true point of g y South ?1 523.29 feet to a line parallel with and 12.43 feet Northeasterly, measured at right angles, from the Southwester! parcel of land descr�'bed vs Parcel A in the Final Order of Y line of that certainConderzunation entered in Los Angeles County Superior Court Case No.884831,a certified copy of which was recorded January uP A was amended by Order Nunc Pro Tune entered in 4, 1968 as Io,,tr,macnt No.202!,said Parcel said Los Angeles County Superior Court Case No. 884831 a certified copy of which was recorded June 27, 1968 as instrument No. 3084, along said parallel line North 41°38' 18"West both of said Official Records, thence 662.42 feet to the Northwesterly line of last said Parcelbein a point on a non-tangent curve concave Northwesterly and bavin radi A, g South 44' 39' 57" fit, thence I�ortheastert 8 a us of 3 92.Q0 feet,a radial to said point i y along said curve and along last said Northwesterlyline central angle of 16°23'36"an arc distance of 112.16 feet,thence tangent through a Line and its Northeasterly prolongation North 28°56'27" g t to said curve and a1Qgg said Northwesterly said Paso Del Mar,beingin a curveEast 339.75 feet to a point on the Southwesterly sideline concave Southwesterly having a radius 011960.00 of bears North 29°52'34"East,thence Southeasterlyalong said �U.OQ feet,a radial to said point Del Mar,through a central angle of 23°37'4 '� g `�''°and along said Southwesterly sideline of Paseo $ an arc distance of 808.29 fact to the truepointbeginning. of - EXCEPT iiHEREFROM any portion thereof which I' August 22,1996. yes vvit Pasco Del Mar, $0 feet wide, asp existed on Parcel 6: That portion of Lot 102 of L.A.C.A.MapNo. State of Caiifot�ia,a9per maprecorded 51,in the City of Rancho Palos Verdes,in the Countyof orded in Book I Page 1 of Assessor's Mas in theLos Recorder Angeles, of said County,Described as follows: Maps, office of the County Recorder ge� at the intersection of a line that is • Easterly of Tract parallel with and 12.00 feet, measured at right withNo. 16540,as per map recorded in Book77 angles,Easterly off id County, the Southwesterly line of Palos Verdes625,Pages 76 and of Maps,records said along said parallel line, South15° 32' Drive South, 13 3 fact wide, as shown on 46" West 122.01 feet and South 15° 00" said map, thence intersection thereof with the Northeasterlyboundary5 20' West 105.52 feet to the on S 4, 1956, in of the land described in a deed recorded as alongsaidBook 52201 Page 21 of Official Records of said County, Document No. 1801 East Northeasterly boundary,a distan0e of 688.30 feet thence South 38 28'00" Parcel 2 in a deed recorded as Document to the most Westerly corner of the land deserl�ed as Records,2 mace alongNo. 1826 on July 18, 1956, in Book 51769 the Northwesterly boundary of said Pared 2,No• - 36" Page 241,5of said North Official30 27'25" East 290.84 feet and North 9°03! 10" East 100,00 nth 3d 4a East 438.55 feet,�'�Zgo South, 100 feet wide, as described feet to the Southwesterly line of ribed in a deed to said County of Los AnePaloserde8 Drive December 23, 1952, in Book 40587, Page284 of Angeles,Recorded as Document No. 469 on Southwesterly 80° ti said Official Records, thence y line North 56'SO West 584.82 feet and North9° 10" Northwesterly along said line of Palos Verdes Drive South, 132 feet 03' East 10.00 feet to the Souther wide as shown on map of said Tract No. 16540, ly along said last mentioned line,being a curve concave Ido thence Northwesterly of 219.19 fel to the point of beginning. rly and having a radius of 2040an arc distance 03 1139102 t ' 64/14/2003 09:13 3102 0 36 OCEAN TRAILS GOL PAGE 02 �•r . • EXHIBIT"A-2" . Legal Description of Ground Lease Property • leasehold as createdthat certain lease dated October 1, 1995, executed by Palos Verdes Peninsula Unz A by D as lessor,and Ocean Trails Partners,a California General Partnership,es lessee,and as amended by SchoolDistrict, No.Amendment I dated fan 9, 1997 as referenced In the document entitled"Memorandum of Lease", 3, Instrument No. 974899991, of Official Records, for the term,upon and • which recorded December 1997, as subject to all the provisions contained in said document,and in said lease,in and to the following: LosAngeles, CountyAssessor's Map No, 51, in the City of Rancho Palos Verdes, That porton of'Lot 100 of County of Los Angeles,State of California,recorded in Book I Page 1 of Assessor's Maps, in the office of the Recorder of the County of Los Angeles,State of California,described as follows: Bear ming at the Northwesterly terminus of that certain curve in the proposed centerline of Paseo Del Mar 100 feet wide shown on Los Angeles County Surveyor's Map No- B1156 revised January, 1965, as having a radius of 2000.00 feet and a loth of 1801.62 feet,thence Southeasterly slung said curve a distance of 1175,00 feet,through a central angle of 33°39'41"to the Easterly line of the land described in the deed recorded in Book D 3522,Pages 577 to 580 inclusive of Maps in the Office of the County Recorder of said County,thence along said Easterly line South 48°21' 12"West 50.20 feet to a point on the sideline of said Pasco Del Mar a radial to which bears North 530 31' 22"East being also the true point of beginning of this description,thence continuing along said Easterly line South 48°21' 12"West 525.68 feet,thence North 41°38'48"West 661.96 feet,to a point on a non-tangent curve •j concave Northwesterly and having a radius of 392.00 feet,a radial to said point bears South 42°51'21"East,thence . Northeasterly along said curve through a central angle of 18° 12'42",a distance of'124.60 feet,thence tangent to said curve North 28°55'57"East 302.10 feet to the beginning of a tangent curve concave Southerly having a radius • of 27.00 feet,thence Easterly and Southeasterly along said curve through a central angle of 91°45'29",a distance of 43.24 feet to a point on the Southwesterly sideline of said Paseo Del Mar, thence Southeasterly along the Southwesterly sideline of said Pasco Del Mar on a curve having a radius of 1950.00 feet,concave Southwesterly, through a central angle of 22°49'56",a distance of 777.07 feet to the true point of beginning. Except therefrom said land the following described property: That portion of Lot 100 of Los Angeles County Assessor's Map No.51.in the City of Rancho Palos Verdes,County of Los Angeles, State of California, recorded in Book 1 Page 1 of Assessor's Maps, in the office of the County Recorder of said county, and also filed as County, Surveyor's Map No. B-1879 on file in the Office of County Surveyor of said County.within the following described boundaries: Beginning at the Northwesterly terminus of that certain curve in the proposed centerline of Paseo Del Mar, 80.00 feet wide, descn'bed as Parcel 2-2,Part A in dead recorded October 10, 1975 as Instrument No. 5050 of Official Records,in the office of the County Recorder,and shown on Los Angeles County Surveyor's Map No.B-1156 as having a radius of 2000.00 feet and a total length of 1801.62 feet,thence Southeasterly along said curve and arc distance of 1175.00 feet,through a central angle of'33 degrees 39'41"to the Easterly lice of the land descaled as Parcel 3 in deed recorded January 4, 1967 in Book D3522 Page 577 of said Official Records, thence along said Easterly line South 48 degrees 21'42"West 40.16 feet to aoint on the sideline of said Paseo Del P a Mar,thence continuing along said Easterly line South 48 degrees 21'42"West 523.29 feet to a line parallel with and 12.43 feet Northeasterly measured at right angles,from the Southwesterly line of that certain parcel of land described as Parcel A in the final order of condemnation entered in Los Angeles County, Superior Court Case No. 884831,a certain Dopy of which was recorded January 4, 1968 as Instrument No.2021, said Parcel A was amended by Order Nunc Pro Tune entered in said Los Angeles County Superior Court Case No. 884831,a certified copy of which was recorded Rune 27, 1968 as Instrument No. 3084,both of said Official Records,said point being the true point of beginning of this description, thcrce along said parallel line North 41 degrees 38' 18"West 662.42 feet to the Northwesterly line of last said Parcel A,being a point on a nontangent curve concave Northwesterly and having a radius of 392.00 feet,a radial to said point bears South 44 degrees 39' 57"East,thence Southwesterly along said curve to the Southwest corner of the land described in said above mentioned order,thence along said Southwesterly 03 1139102 . '6/14/2003 09:13 3102650 OCEAN TRAILS G PAGE 03 line South 41 degrees 38' 18"East 661.96 feet to the Southeast corner of the land described order,said point being South 48 degrees 21'42"West 12.43 feet from the point of beginning,thence North 48 degrees 21'42"East 12.43 feet to the point of beginning. • • • • 4 w • 3 1,139102. Cusk O Aji! AN C H PALOS VERDES STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS AFFIDAVIT OF POSTING CITY OF RANCHO PALOS VERDES) The undersigned, being first duly sworn, deposes and says: That at all times herein mentioned, she was and now is the appointed City Clerk of the City of Rancho Palos Verdes; That on March 6, 2003, she caused to be posted the following document entitled: Ordinance No. 388 —Approving Amendment No. 2 to the Ocean Trails Development Agreement, a copy of which is attached hereto, in the following locations: City Hall Ladera Linda Community Center 30940 Hawthorne Blvd. 32201 Forrestal Drive Rancho Palos Verdes Rancho Palos Verdes Ryan Park Hesse Park 30359 Hawthorne Blvd. 29301 Hawthorne Blvd. Rancho Palos Verdes Rancho Palos Verdes I certify under penalty of perjury that the foregoing is a true and correct affidavit of posting. City Clerk W:\Ordinances\affidavits\Ordinance 388-Approving Amendment No 2 to Ocean Trails Dev Agmt.doc