Loading...
CRA - 105RESOLUTION NO. CRA-105 A RESOLUTION OF THE CYPRESS REDEVELOPMENT AGENCY DIRECTING AND AUTHORIZING THE CONDEMNATION OF CERTAIN REAL PROPERTY IN THE CITY OF CYPRESS, STATE OF CALIFORNIA, AND DECLARING THE PUBLIC NECESSITY THEREFOR WHEREAS, the Cypress Redevelopment Agency is authorized by the Redevelopment Plan for the Los Alamitos Race Track and Golf Course Redevelopment Project Ama, and by various statutes including Health & Safety Code Section 33391 and Section 33342 as well as Article I, Section 19 of the Constitution of the State of California and by the California Eminent Domain Code pursuant to Code of Civil Procedure Sections 1230.010 et seq., to acquire property by eminent domain for the purpose of the redevelopment as well as the elimination of blight in conformance with the Redevelopment Plan for the Los Alamitos Race Track and Golf Course Redevelopment Project Area through the implementation of the proposed Walker/Katella Retail Project (the "Project") for the development of a retail/commercial center, and WHEREAS, on June 18, 1990 the City Council of the City of Cypress adopted Ordinance No. 951, approving and adopting the Cypress Redevelopment Plan and Project Area (the "Redevelopment Plan"), which declared the public interest and necessity for the use of condemnation to acquire real property for the public purposes of redevelopment and the elimination of blight; and WHEREAS, the Redevelopment Plan has been amended by Amendment No. 1 adopted by Ordinance No. 932 on January 9, 1995 and as amended by Amendment No. 2 adopted by Ordinance No. 1013 on August 27, 2001; and WHEREAS, the Redevelopment Plan delineates a redevelopment Project Area ("Project Area"); and WHEREAS, the Agency desires to acquire and to provide for the redevelopment of certain real property and improvements thereon located at Northwest Corner of Katella Avenue and Walker Street, Cypress, California, and more particularly described in Exhibit "1" attached hereto (the "Property"); and WHEREAS, the Property is located within the Project Area; and WHEREAS, on May 28, 2002 the Cypress Redevelopment Agency held a duly noticed hearing in accordance with the requirements of Code of Civil Procedure Section 1245.235 for the purpose of allowing the record owners of the Property a reasonable opportunity to appear and be heard on the following matters: a. Whether the public interest and necessity require the proposed Project; Whether the proposed Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; Whether the Property sought to be acquired by eminent domain is necessary for the proposed Project; Whether the offer required by Government Code Section 7267.2(a) was actually made to the owner(s) or record; Whether the Cypress Redevelopment Agency has complied with all conditions and statutory requirements necessary to exercise the power of eminent domain (the "right to take") to acquire the Property, as well as any other matter regarding the right to take the Property by eminent domain; Whether the Cypress Redevelopment Agency has statutory authority to acquire the Property by eminent domain; Whether the Cypress Redevelopment Agency has fully complied with the California Environmental Quality Act for the proposed Project; and WHEREAS, the owners of the Property were given a reasonable opportunity to appear and be heard on whether the Cypress Redevelopment Agency has met the procedural prerequisites to the exercise its power of eminent domain; and WHEREAS, the Cypress Redevelopment Agency, as a result of such hearing, has determined that the public health, safety, and welfare require that the Agency acquire a fee simple absolute interest in the Property for the Project; and WHEREAS, the proposed Project, which includes the acquisition of the Property, has been reviewed under the requirements of the California Environmental Quality Act, and a Mitigated Negative Declaration was prepared and has been approved by separate resolution of the Cypress Redevelopment Agency; and WHEREAS, the Cypress Redevelopment Agency requested the City Council of the City of Cypress to report pursuant to Government Code Section 65402 whether the acquisition of the Property is in conformity with the City's adopted General Plan, and the City Council has adopted a resolution reporting that the proposed acquisition does conform to the City's adopted General Plan. NOW, THEREFORE, BE IT RESOLVED, THAT THE CYPRESS REDEVELOPMENT AGENCY, HEREBY DOES FIND, DETERMINE, AND DECLARE BASED UPON EVIDENCE PRESENTED TO IT AS FOLLOWS: Section 1. The above recitals am true and correct. Section 2. The property to be acquired is the fee simple absolute interest in the Property, more particularly described in Exhibit 'T' attached hereto, located within the City of Cypress, County of Orange, State of California, together with any improvements located thereon. The Property is located at Northwest Comer of Katella Avenue and Walker Street, Cypress, California and otherwise identified as Assessor Parcel Nos. 241-091-27 through 241-091-30, and 241-091-33 and 241-091-34, consisting of approximately 17.952 acres, or approximately 781,889 square feet. Section 3. (a) The public interest and necessity require the proposed Project for redevelopment purposes and to eliminate blighting conditions in the Project Area in conformance with the Redevelopment Plan for the Los Alamitos Race Track and Golf Course Redevelopment Project Area through the implementation of the proposed Walker/Katella Retail Project. (b) The Redevelopment Plan includes the specific objectives of eliminating blighting conditions and the development of property consistent with the goals, policies, objectives, standards, guidelines, and requirements of the adopted General Plan and Zoning Ordinance. The Redevelopment Plan further sets forth the purposes of the redevelopment to be attained through implementation of the Redevelopment Plan, as including (1) the comprehensive planning, replanning, and development of the Project Area (which includes the Property) to facilitate a higher and better utilization of lands within the Project Area thereby contributing to the public, health, safety, and welfare; (2) stimulating construction activity and increasing employment in the commercial sector of the community; and (3) strengthening the economic base of the Project Area and the community, stimulating new commercial expansion, employment, and economic growth. The Agency concluded in its evidence presented to the City Council at the time Ordinance No. 951 was adopted that successful implementation of the Redevelopment Plan would result in expanded economic activity in the City and specifically in the Project Area, and that such economic activity resulting from implementation of the Redevelopment Plan would increase the number of local employment opportunities and expand the community's tax base for the support of essential services. (c) The proposed Project and the acquisition of the Property for the Project are consistent with the goals and objectives of the City's General Plan and the Cypress Business and Professional Center Specific Plan based on the facts, findings, and determinations set forth in -2- Resolution No. 5564 of the City Council of the City of Cypress adopted on May 28, 2002, which facts, findings, and determinations are incorporated herein and made a part hereof. (d) The proposed Project and the acquisition of the Property for the Project am consistent with the Agency's adopted Redevelopment Implementation Plan 2000-2004. One goal/objective for the LART Project Ama set forth in the Implementation Plan for the LART Project Ama is pursuit of major economic development projects that will stimulate new commercial expansion, employment, and economic growth within the Project Area. Redevelopment Implementation Plan 2000-2004 continues the identification of this goal/objective for the LART Project Area that was first stated in the Agency's Redevelopment Implementation Plan 1995-1999, which was the Agency first implementation plan required to be adopted pursuant to amendments to the California Community Redevelopment Law effective January 1, 1994. Section 4. (a) The proposed Project is planned and located in a manner most compatible with the greatest public good and least private injury. The proposed Project is located in a key ama of the City of Cypress where there is a need to eliminate both physical and economic blight, stimulate desirable growth and increase employment in the commercial sector of the community, and enhance the character of the Cypress Business and Professional Center, in accordance with and pursuant to the provisions of the Redevelopment Plan, the adopted City of Cypress General Plan, the adopted City of Cypress Business and Professional Center Specific Plan, and the City of Cypress Zoning Ordinance. (b) Under the Redevelopment Plan, real property within the Project Ama falls within two categories of uses: public/semi-public and business park. The majority of the real property within the Project Ama falls within the public/semi-public category where commercial uses of the type to be promoted pursuant to the goals and objectives of the Redevelopment Plan are not allowed. The Property, however, falls within the business park category and is zoned for business park/commercial uses. Real property, including the Property, that are within the business park category am the properties thus designated by the goals and objectives of the Redevelopment Plan to be used to strengthen the economic base of the Project Ama and the community, and to stimulate new commercial expansion, employment, and economic growth. The Project and the acquisition of the Property therefor are consistent with the goals and objectives of the City's General Plan and the Cypress Business and Professional Center Specific Plan based on the facts, findings, and determinations set forth in Resolution No. 5564 of the City Council of the City of Cypress adopted on May 28, 2002, which facts, findings, and determinations am incorporated herein and made a part hereof. (c) The Property, which consists of approximately 17.952 acres, is currently a vacant site (other than some infrastructure and two small unoccupied and limited-purpose modular buildings that supported a previous and since vacated commercial use). The Property has a generally square configuration and is a corner parcel at the corner of the major intersection of Katella Avenue & Walker Street. Frontage on both Katella Avenue and Walker Street make possible the favorable site accessibility, exposure, and visibility required for a sizable commercial retail development. Them is no other largely vacant and currently unoccupied pamel in the Project Area that is within the business park category that has the Property's attributes of size, configuration, and comer location abutting two major thoroughfares. The Property is thus well-situated to accommodate the type of commercial retail development of the size, tenant mix, and economic capacity necessary to address the goals and objectives of the Redevelopment Plan and in conformity with the General Plan, Specific Plan, and Zoning Ordinance. (d) No property owner would suffer a partial taking of property through a severing of property from a larger parcel. The Property described on Exhibit 'T' consists of whole legal parcels which are currently vacant. Section 5. (a) The Property is necessary for the proposed Project to implement the goals and objectives of the Redevelopment Plan. The Redevelopment Plan includes the specific objectives of eliminating blighting conditions and the development of property consistent with the goals, policies, objectives, standards, guidelines, and requirements of the adopted General Plan and -3- Specific Plan. The proposed Project and the acquisition of the Property therefor is consistent with the General Plan and Specific Plan based on the facts, findings, and determinations set forth in Resolution No. 5564 of the City Council of the City of Cypress adopted on May 28, 2002, which facts, findings, and determinations are incorporated herein and made a part hereof. (b) The Redevelopment Plan further sets forth the purposes of the redevelopment to be attained through implementation of the Redevelopment Plan, as including (1) the comprehensive planning, replanning, and development of the Project Area (which includes the Property) to facilitate a higher and better utilization of lands within the Project Area thereby contributing to the public, health, safety, and welfare; (2) stimulating construction activity and increasing employment in the commercial sector of the community; and (3) strengthening the economic base of the Project Area and the community, stimulating new commercial expansion, employment, and economic growth. (c) The Agency concluded in its evidence presented to the City Council at the time Ordinance No. 951 was adopted that successful implementation of the Redevelopment Plan would result in expanded economic activity in the City and specifically in the Project Area, and that such economic activity resulting from implementation of the Redevelopment Plan would increase the number of local employment opportunities and expand the community's tax base for the support of essential services. Pursuant to Health and Safety Code Section 33500 et seq., the Redevelopment Plan is valid, binding, and lawful. Pursuant to Health and Safety Code Section 33368, the Project Area defined in the Redevelopment Plan, which includes the Property, has been conclusively determined to be a blighted area, as that term was defined in the Community Redevelopment Law at the time the Redevelopment Plan was adopted by Ordinance No. 951. That definition of blight remains applicable for the implementation of the Redevelopment Plan for the duration of the Redevelopment Plan. Moreover, as set forth in the Community Redevelopment Law, not all properties within a Project Area need be identified as blighted for the Project Area as a whole to be determined to be blighted. Once the Project Area is, however, conclusively determined to be blighted, all properties within the Project Area (including those properties that may not have exhibited conditions of blight but which were included in the Project Area for effective redevelopment) are deemed blighted and subject to the powers of redevelopment set forth in the Redevelopment Plan. The Property, as real property within the Project Area defined in the Redevelopment Plan, is thus conclusively determined to be blighted under the Community Redevelopment Law and no additional analysis, finding, or evidence of blight is required. (d) The evidence of blight found and conclusively determined to be existing in the Project Area when Ordinance No. 951 was adopted include economic maladjustment and impaired investment evidenced by vacant and vacated parcels and parcels only partially utilized, including that such condition deters further investment, and by also the resultant underachievement of property tax revenues that exacerbates the cost of providing services to the Project Area. Furthermore, from the establishment of the Project Area to date (a period of approximately 11 years and 11 months out of the 40-year duration of the Redevelopment Plan), the Property, although previously developed for commercial uses as described in Paragraph 4 above, has remained a largely vacant and underutilized commercial site. The Property's contribution to the blighting conditions in the Project Area remains unabated and continues to represent a serious physical or economic burden on the community that has not been reversed or alleviated by private enterprise or govemment action, or both, without exercise of the powers of redevelopment. (e) In addition, the conditions of blight found and determined to be present in the Project Area upon adoption of Ordinance No. 951, are sufficient to sustain a finding of blight even under the revised definition of blight effective in the Community Redevelopment Law as of January 1, 1994. This new definition of blight is not applicable to the implementation of the Redevelopment Plan or the proposed Project. The new definition of blight is effective only for new redevelopment plans adopted on and after January 1, 1994, and for amendments to existing redevelopment plans that add new territory on or after January 1, 1994. Neither situation is applicable here. But even if the new (and, again, inapplicable) definition of blight were applied, the Property would be eligible for inclusion in a redevelopment project area. The new definition requires that a condition of physical blight and a condition of economic blight must be found in a proposed redevelopment project area (but, again, such conditions need not necessarily be present on each and every parcel and even non-blighted properties may be included in a redevelopment project area if inclusion is necessary for effective redevelopment). One "physical" condition of -4- blight consists of factors, including market conditions, that prevent or substantially hinder the economically viable use or capacity of lots. Market conditions have manifestly prevented or substantially hindered, for the last nearly 12 years since establishment of the Project Area, the economically viable use or capacity of the Property. In that period private enterprise or governmental action, or both, but without exercise of redevelopment powers, has failed to cause this largely vacant and underutilized commercial site to be developed with commercial uses consistent with the Redevelopment Plan, General Plan, Specific Plan, and Zoning Ordinance. The Property contributes to physical blight in a redevelopment project area even under the new definition. Evidence of "economic" blight under the new definition includes impaired investment. As noted above, it was conclusively found and determined in 1990 that the Project Area was determined to be blighted in part on the basis of impaired investment. The Property continues to be a basically vacant and underutilized commercial site without sufficient development investment which, as found in 1990, deters further investment and causes underachievement of property tax revenues that exacerbates the cost of providing services to the Project Area. The Property contributes to economic blight in a redevelopment project area even under the new definition of blight. (f) Thus under the applicable and conclusively determined finding of blight made in 1990, and even under the new definition of blight that is not applicable but nonetheless discussed heroin, the Project Ama, and the Property's contribution to the blighting conditions in the Project Area, are blighted and constitute a serious physical and economic burden on the community which cannot reasonably be expected to be reversed or alleviated by private enterprise or governmental action, or both, without redevelopment. (g) The proposed Project and the acquisition of the Property for the Project am consistent with the Agency's adopted Redevelopment Implementation Plan 2000-2004. One goal/objective for the LART Project Area set forth in the Implementation Plan for the LART Project Area is pursuit of major economic development projects that will stimulate new commercial expansion, employment, and economic growth within the Project Ama. Redevelopment Implementation Plan 2000~2004 continues the identification of this goal/objective for the LART Project Area that was first stated in the Agency's Redevelopment Implementation Plan 1995-1999, which was the Agency first implementation plan required to be adopted pursuant to amendments to the California Community Redevelopment Law effective January l, 1994. Section 6. The offer required by Govemment Code Section 7267.2(a), together with the accompanying statement of and summary of the basis for the amount established as just compensation, was made to the record owners, which offer and accompanying statement/summary were in a form and contained all of the factual disclosures provided by Government Code Section 7267.2(a). Staff has attempted to negotiate with the record owners subsequent to this offer, but such negotiations have not proved successful in securing the necessary property interests outside of more formal proceedings. Section 7. The proposed Project, which includes the acquisition of the Property, has been reviewed in accordance with the requirements of the California Environmental Quality Act, and a Mitigated Negative Declaration has been adopted for the proposed Project. The Cypress Redevelopment Agency, through incorporation by this reference, herein restates and hereby reaffirms the findings and determinations set forth in the Agency's prior resolution adopting the Mitigated Negative Declaration. Section 8. The Cypress Redevelopment Agency has complied with all conditions and statutory requirements necessary to exercise the power of eminent domain (the "right to take") to acquire the Property, as well as any other matter regarding the right to take the Property by eminent domain. The Agency, upon identifying the Project, also extended an invitation to the record owner of the Property for "owner participation" in the Project. At its meeting of April 8, 2002, the Agency gave due and careful consideration to the record owner's owner participation submittal. The record owner's submittal was not selected for further consideration because the Agency found and determined at that time that such submittal was non-responsive to the invitation to participate in retail development of the Property and even if deemed responsive the. record owner's proposal was found to be less consistent with the goals and objectives of the Redevelopment Plan for the LART Project Area than a competing proposal for a retail project. The Agency also found and determined at that time that the owner participation process for the Walker/Katella retail project had been completed. -5- Section 9. The Cypress Redevelopment Agency has statutory authority to, and hereby declares its intent to, acquire the Property in fee simple absolute in the Agency's name in accordance with the provisions of the laws of the State of California. Section 10. The Agency counsel, the law firm of Rutan & Tucker, LLP, is hereby authorized and directed to prepare, institute, and prosecute in the name of the Cypress Redevelopment Agency an eminent domain proceeding in the Court having proper jurisdiction thereof, as may be necessary for the acquisition of the Property. Said counsel is also authorized and directed to obtain any necessary order of the Court granting the Agency the right of prejudgment and immediate possession and occupancy of the Property. PASSED AND ADOPTED by the Cypress Redevelopment Agency at a regular meeting thereof held on the 28th day of May, 2002. ATTEST: FRANK McCOY VICE CHAIRMAN CYPRESS REDEVELOPMENT AGENCY GR~M-GI~ER~N SECRETARY CYPRESS REDEVELOPMENT AGENCY STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) I, Jill Ingram-Guertin, Secretary of the Cypress Redevelopment Agency, DO HEREBY CERTiFY that the foregoing Resolution was adopted at a regular meeting of the Cypress Redevelopment Agency held on the 28th day of May, 2002, and was carried by the following roll call vote: A YES: 4 NOES: 0 ABSENT: 1 AGENCY MEMBERS: AGENCY MEMBERS: AGENCY MEMBERS: KEENAN, McGILL, PIERCY, and McCOY NONE SONDHI GI~AM-GL~TIN SECRETARY CYPRESS REDEVELOPMENT AGENCY -6- PARCEL A: PARCEL 3 OF PARCEL MAp NO. 96-121, IN THE CITY OF CYPRESS, COLrNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A PLOP FILED IN BOOK 298, PAGES 13 TO 16 INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA. PARCEL A-I: APPL~TENA/qT EASEMENTS TO USE, MAINTAIN, OPERATE, ALTER, REPAIR, REPLACE, RECONSTRUCT A/qD INSPECT THE UTILITIES, AS SAID EASEMENT IS SET FORTH IN THAT CERTAIN RECIPROCAL UTILITIES EASEMENT AGReEmenT R~CQRDED JI3LY 31, 1991 AS INSTRUMENT NO. 91-404179 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA. PARCEL A-2: AN APPURTENANT EASEMENT FOR STORM WATER DRAINAGE, AS SAID EASEMENT IS SET FORTH IN TH3~T CERTAIN GRAIqT OF DRAINAGE EASEMENT RECORDED SEPTEMBER 11, 1990 kS INSTRL~4ENT NO. 90-482118, AS A/~ENDED BY THAT CERTAIN A~MEN]DMENT TO DHAINAGE EASEMENT RECORDED JANUARY 18, 1991 AS INSTRUMENT NO. 91-026004, AND ALSO AS AMENDED BY THAT CERTAIN GRANT OF EASEMENTS AND AGREEMENT REGkRDING DRAINAGE EASEMENT RECORDED J~ 3, 1997 AS INSTRUMENT NO. 97-253674, ALL OF OFFICIAL RECORDS OF ORANGE COUNTY, iCALIFORNIA. LEGAL DESCRIPTION Page 1 of 4 PARCEL [5: LOT 5 OF PARCEL MAp NO. ~6-121, IN TKE CITY OF CYPRESS, COLrNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 298, PAGES 13 TO 16, INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL ~ -1: AppLrRTEN~%NT EASEMENTS TO USE, MAINTAIN, OPER3~TE, ALTER, REPAIR, REPLACE, RECONSTRUCT AND INSPECT THE I/TILITIES, AS SAID EASEMENT IS SET FORTH IN T~LAT CERTAIN RECIPROCAL UTILITIES EASEMENT AGREEMENT, RECORDED JULY 31, 1991 AS INSTRUMENT NO. 91-404179 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA. PARCEL ~-2: ~ AN APPURTENANT EASEMENT FOR STORM WATER DRAINAGE, AS SAID EASEMENT IS SET FORTH IN THAT CERTAIN GRANT OF DP~AINAGE EASEMENT, RECORDED SEPTEMBER 11, 1990 AS INSTRUMENT NO. 90-482118, AS AMENDED BY THAT CERTAIN AMENDMENT TO DRAINAGE EASEMENT, RECORDED J~d~'U~Y 18, 1991 AS INSTRUMENT NO. 91-026004, A/qD ALSO AS AMENDED BY T~{AT CERTAIN GP3~qT OF EASEMENTS ~ AGREEMENT REGARDING DR3~INAGE EASEMENT, RECORDED JI/NE 3, 1997 AS INSTRUMENT N0. 97-0253674, ALL OF OFFICIAL RECORDS OF ORANGE COUNTY, CA~LIFORNIA. LEGAL DESCRIPTION Page 2 of 4 pARCEL C: pARCEL 6 OF pARCEL MAP NO. 96-121, AS SHOWN ON A MAP FILED IN BOOK 298, PAGES 13 TO 16, INCLUSIVE OF pARCEL rzJkPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE coUNTy, CALIFORNIA. PARCEL C-l: APPURTENANT EASEMENTS TO USE, MAINTAIN, OPERATE, ALTER, REPAIR, REPLACE, RECONSTRUCT AND INSPECT TtiE UTILITIES, AS SAID EASEMENT IS SET FORTH IN TFLAT CERTAIN RECIPROCAL UTILITIES EASEMENT AGREEMENT, RECORDED JULY 31, 1991 AS INSTRUMENT NO. 91-404179 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA. pARCEL C-2: AN APPURTENANT EASEMENT FOR STORM WATER DRAINAGE,' AS SAID EASEMENT IS SET FORTH IN THAT CERTAIN GRA/~T OF DRAINAGE EASEMENT, RECORDED SEPTEMBER 11, 1990 AS INSTRUMENT NO. 90-482118, AS AMENDED BY TILAT CERTAIN AMENDMENT TO DRAINAGE EASEMENT, RECORDED JANUANY 18, 1991 AS INSTRUMENT NO. 91-026004, A~D AL~O AS AMENDE~ BY THAT CERTAIN GR3%NT OF EASEMENTS AND AGREEMENT REGARDING DRAINAGE EASEMENT, RECORDED JTTNE 3, 1997 AS INSTRUMENT NO. 97-0253674, ALL OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA. LEGAL DESCRIPTION Page 3 of 4 PARCEL D: ?ARCEL 4 OF pARcEL MAP NO. 96-121, IN THE CITY OF CYPRESS, COUlqTY OF ORANGE, STATE' OF C~uLIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 298, PAGES 13 TO 16 INcLusIvE OF PA~RCEL MAPS, IN THE OFFICE OF THE COUI~TY RECORDER OF ORANGE COI/NTY, CALIFORNIA. pARCEL [D ' 1: APPURTENANT EASEMENTS TO USE, MAINTAIN, OPERATE, ALTER, REPAIR, REPLACE, RECONSTRUCT AND INSPECT THE UTILITIES, AS SAID EASEMENT IS SET FORTH IN THAT CERTAIN RECIPROCAL UTILITIES EASEMENT AGREEMENT RECORDED JULY 31, 1991 AS INSTRUMENT NO. 91-404179 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA. PARCEL D '2: AIq ~ppURTENANT EASEMENT FOR STORM WATER DPJ~INAGE, AS SAID EASEMENT IS SET FORTH IN THAT CERTAIN GP~T OF DRAINAGE EASEMENT RECORDED SEPTEMBER 11, 1990 AS INSTRUMENT NO. 90-482118, AS AMENDED BY THAT CERTAIN AMENDMENT -TO DP~AINAGE EASEMENT RECORDED JAI~JARY 18, 1991 AS INSTRUMENT NO. 91-026004, AND ALSO AS AMENDED BY THAT CERTAIN GRANT OF EASEMENTS ~ AGREEMENT REGARDING DPJ%INAGE EASEMENT RECORDED O-J~E 3, 1997 AS INSTRUMENT NO. 97-253674 AELL OF OFFICIAL RECORDS OF OR3~NGE COI/NTY, CALIFORNIA. LEGAL DESCRIPTION Page 4 of 4