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Lowes-Target-Washington 111/No Build 03N e • Recording Requested by and when'Recorded Return to: Target Corporation Property Development Attention: Property Administration 1000 Nicollet Mall Minnesota, MN 55403 c 01)y ° en 5 tf 4 ��n ���,$re�,► th has no original. ORSO GA N M S U PAGE SIZE DA PCOR NOCOR Sw NISC. A R L COPYI LONG REFUND NCHG EXAAi NO BUILD AGREEMENT This No Build Agreement ("Agreement") is made as of the I day of UI, 20033, by and between WASHINGTON 111, LTD., a California limited partnership ("Washington"), and TARGET CORPORATION, a Minnesota corporation ("Target"). WHEREAS, Washington is the owner of a tract of land in the City of La Quinta, County of Riverside, State of California, which is particularly described on Exhibit A attached hereto (the "Washington Tract") and identified as the "Washington Tract" on Exhibit C attached hereto; WHEREAS Target is the owner of a tract of land in the City of La Quinta, County of Riverside, State of California which is particularly described on Exhibit B attached hereto (the "Target Tract") and identified as the "Target Tract" on Exhibit C attached hereto; and WHEREAS Target desires to construct a building on the Target Tract so as to be in compliance with the Unlimited Area Section (505.2) of the California Building Code 2001 edition ("CBC"); and WHEREAS Washington desires to construct a building on the Washington Tract which is in compliance with the Unlimited Area Section (505.2) of the California Building Code 2001 edition ("CBC"); and WHEREAS to effectuate compliance with such CBC, the parties hereto wish to establish a sixty (60) foot clear area (the "Yard") comprised of forty-two feet (42') on the west side of Target side of the common boundary property line and eighteen feet (18') on the east side of the Washington side of the common boundary property line between the Target Tract and the Washington Tract as shown on Exhibit C, and thirteen feet on the Washington Tract south of the common boundary property line at the south portion of the Target Tract, as shown on Exhibit C. Now, therefore, in consideration of the premises and the mutual covenants hereinafter set forth and for other good and valuable consideration, the parties agree that the real property shown as cross hatched on Exhibit C shall as to each parties' interest be held, sold and conveyed subject to the following covenants and restrictions which shall run with the land herein described, shall be binding 42787\252893v2 1Z on all parties having any right, title or interest in such real property and upon their heirs, successors and assigns: l . The parties agree that the no -build area ("Yard"): (a) shall exist as shown on Exhibit C; (b) shall be maintained free of any building or structure; (c) shall not be used for outdoor storage; and (d) shall be maintained as a Yard as defined in the CBC; provided, however, that this Agreement shall not preclude the use of any party's side of the Yard for the operation, installation, maintenance, repair and replacement of parking lots, including without limitation, lights, and other parking lot improvements, driveways, drainage facilities, curb and gutter, signs, landscaping, utilities, together with related appurtenances and other improvements which do not constitute buildings or structures as contemplated by the CBC. 2. This Agreement shall continue in full force and effect until the building on the Target Tract is no longer being used as an "unlimited building" as defined in the CBC, or until the CBC is amended to eliminate the Yard requirements (along with the written concurrence of the City's Director of Building and Safety), whichever should first occur. 3. No amendments; terminations, waivers or modifications of this Agreement shall be made or deemed to have been made unless consented to in writing by the parties hereto or their successors or assigns and the City of La Quinta. The parties also hereby acknowledge and agree that the City of La Quinta is a third party beneficiary and has the right to enforce the terms of this Agreement. 4. All Exhibits to this Agreement are incorporated herein and made a part hereof as if fully set forth herein. 5. All notices, demands and requests under this Agreement must be in writing and must be delivered personally or by nationally recognized overnight courier or sent by United States certified mail, return receipt requested, postage prepaid and addressed to the parties at their respective addresses set forth below, and the same shall be effective upon receipt if delivered personally, or on the next business day if sent by overnight courier, or three (3) business days after deposit in the mail if mailed, with a copy to the City of La Quinta at the address set forth on the Consent attached hereto and made a part hereof. The initial addresses of the parties shall be: Washington: Washington 111, Ltd. c/o Old Anchor, Inc. 13692 Ellmar Circle Santa Ana, CA 92705 Attention: Jack Oldham With copy to: c/o Jack Tarr Development Company 30240 Rancho Viejo Road, Suite B San Juan Capistrano, California 92675 Attention: Jack Tarr Target: Target Corporation Property Development Attn: Property Administration 1000 Nicollet Mall 427871252893v2 Minneapolis, MN 55403 Upon at least ten (10) days prior written notice, each party shall have the right to change its address to any other address within the United States of America. 6. This Agreement may be signed in counterparts, each of which shall be deemed an original and all of which when taken together shall constitute one instrument. IN WITNESS WHEREOF, the parties have executed this Agreement on the date first above written. Target Corporation, a Minnesota corporation By: Name: Title: WASHINGTON 111, LTD By: O Anchor, Inc. Its General Partner By: Jack Oldham, President 42787\252893v2 STATE OF CALIFORNIA ) ss: COUNTY OF ORANGE ) On July 1, 2003, before me, the undersigned, a Notary Public in and for said County and State, personally appeared JACK OLDHAM, proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. MARY LYNN PAULEY Commission $1370917 Z < Notary Public - CallfomW > z z Orenp County My Cw rn, E)iks Aug 19. 2006 STATE OF CALIFORNIA ) ss: COUNTY OF ) On , , before me, the undersigned, a Notary Public in and for said County and State, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Notary Public 42787\252893v2 Minneapolis, MN 55403 Upon at least ten (10) days prior written notice, each party shall have the right to change its address to any other address within the United States of America. 6. This Agreement may be signed in counterparts, each of which shall be deemed an original and all of which when taken together shall constitute one instrument. IN WITNESS WHEREOF, the parties have executed this Agreement on the date first above written. Target Corporation, a Minnesota corporation By: a34 Name: M&O Bell Title: Vice President Target Stores WASHINGTON 1115 LTD By: Old Anchor, Inc. Its General Partner By: Jack Oldham, President 42787\252893v2 3 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this Z day of ,:�v��, 200 5, before me, a Notary Public within and for said County, personally appeared &,�? t me personally known, being first by me duly sworn, did say that he is the of Target Corporation and that said instrument was sign d on behalf of slid corporation by authority of its Board of Directors and ��� acknowledged said instrument to be the free act and deed of said corporation. Notjfy Public My commission expires: Ft, THDMAS i=RANC15 DAWSON f [rotary Public Minnesota My Commission Expires Jan. 31, 2007 42787\252893v2 4 CONSENT The foregoing No Build Agreement is hereby acknowledged by the City and the power of enforcement granted therein is hereby accepted by the City. Dated: A-' 1 , 2003 CITY of LA QUINTA By: Its:'t--"P4 d� AO -I-' -->A 2'y Notice address: P.O. Box 1504 La Quinta, California 92253 Attn: Director of Building and Safety STATE OF CALIFORNIA ) ) ss: COUNTY O ) On C:*003, before me, the undersigned, a Notary Public in and for said County an6 State, personally appeared �m H�r�u, , personally known to me (er to be the person(g) whose name() is/ante subscribed to the within instrument and acknowledged to me that he/'te/thy executed the same in his/ber/tIvOr authorized capacity(*), and that by his/jxr/thw signature(s) on the instrument the person(o, or the entity upon behalf of which the person() acted, executed the instrument. WITNESS my hand and official seal. REGENIA HENSLEY Commission # 1274458 Z z Notary P"IC - Caitfomia zy f6verside County My Cmirn. Bpkm Aug 19, 2004 42787\252893v2 EXHIBIT A LEGAL DESCRIPTION OF WASHINGTON TRACT Parcels I and 6 of Parcel Map 30903, as shown by map on file in Book :2 05 , Page(s)118 to 57 inclusive, of Parcel Maps, records of Riverside County, California. 42787\252893v2 EXHIBIT B LEGAL DESCRIPTION OF TARGET TRACT Parcel 5 of Parcel Map 30903, as shown by map on file in Book ,;705 , Page(s) 40 to 57, inclusive, of Parcel Maps, records of Riverside County, California. 427871252893v2 EXHIBIT C SITE PLAN 42787\252893v2 mix I -- p FU Z< WIX iull-- MILL - DO z L>< 00NJ—) 1-- V 61 Lij LLJ 0 0 LU < 0 N 0 L'i < z Z) Lu :L r1i ti V) m 0 6 z~ w z 0 0 < LAJ < m 0 z 4ft cr) z 0 w ir A so 2w: � c 0 L- EXHIBIT "C" MAP TO ACCOMPANY DESCRIPTION PROPOSED NO —BUILD EASEMENT PJVJ J\10 30JJ3 ARCEL BOUNDARY pm J\10' ' JJJ3 TARGET ' TRACT SCALE: 1" =100' WASHINOTON TRACT PJW J\JJ 30J03 7 NO-BUILDiZONE WASHINGTON TRACT 47TH AVENUE � LEGEND- P. 0. B. POINT OF BEGINING INDICATES PROPOSED EASEMENT T. P_ 0. B. TRUE POINT OF BEGINING IM P"`dXMF' A "�'"�8' 'C. EASEMENT PLAT 151 KALMUS DRIVE BLDG. M. SUITE 2 COSTA MESA, CALIF. 92626 FOR (714) 241-3400 (714) 241-3432 NO -BUILD EASEMENT DATE: JUNE. 2003 1 SCALE: 1" =100' W.O. 312-1 1 SHEET 2 OF 2 Recording Requested by and when Recorded Return to: Target Corporation Property Development Attention: Property Administration 1000 NicolIet Mall Minnesota, MN 55403 COPY of Document Recorded on&QUs No. has not been compered with original.. GARY L, ORSO County RerordeRIVER DE COJNTY CALIFORNIA M S U PAGE SIZE DA PCOR NOCOR SMF WC. A R L COPY LONG REFUND NCHG EXAM NO BUILD AGREEMENT This No Build Agreement ("Agreement") is made as of the r day of 2003, by and between Lowe's HIW, Inc_, a Washington corporation ("Lowe' ") and Target Corporation, a Minnesota corporation ("Target"). WHEREAS, Lowe's is the owner of a tract of land in the City of La Quinta, County of Riverside, State of California, which is particularly described on Exhibit A attached hereto (the a "Lowe's Tract") and identified as the "Lowe's Tract" on Exhibit C attached hereto; WHEREAS, Target is the owner of a tract of land in the City of La Quinta, County of Riverside, State of California which is particularly described on Exhibit B attached hereto (the "Target Tract") and identified as the "Target Tract" on Exhibit C attached hereto; and WHEREAS, Target desires to construct a building on the Target Tract so as to be in compliance with the Unlimited Area Section (505.2)of the California Building Code 2001 edition ("CBC"); and WHEREAS, Lowe's has constructed a building on the Lowe's Tract which is in compliance with the Unlimited Area Section (505.2) of the California Building Code 2001 edition ("CBC"); and WHEREAS to effectuate compliance with such CBC, the parties hereto wish to establish a sixty (60) foot clear area (the "Yard") comprised of eleven and one-half feet (11.50') on the west side of Lowe's side of the common boundary property line and forty-eight and one-half feet (48.50') on the east side of the Target side of the common boundary property line between the Target Tract and the Lowe's Tract. Now, therefore, in consideration of the premises and the mutual covenants hereinafter set forth and for other good and valuable consideration, the parties agree that the real property shown as cross hatched on Exhibit C shall as to each parties' interest be held, sold and conveyed subject to the following covenants and restrictions which shall run with the land herein described, shall be binding on all parties having any right, title or interest in such real property and upon their heirs, successors and assigns: 42787\250636v4A 15 1. The parties agree that the no -build area ("Yard"): (a) shall exist as shown on Exhibit C, (b) shall be maintained free of any building or structure; (c) shall not be used for outdoor storage; and (d) shall be maintained as a Yard as defined in the CBC; provided, however, that this Agreement shall not preclude the use of any party's side of the Yard for the operation, installation, maintenance, repair and replacement of parking lots, including without limitation, lights, and other parking lot improvements, driveways, drainage facilities, curb and gutter, signs, landscaping, utilities, together with related appurtenances and other improvements which do not constitute buildings or structures as contemplated by the CBC. 2. This Agreement shall continue in full force and effect until the building on the Target Tract is no longer being used as an "unlimited building" as defiled in the CBC, or until the CBC is amended to eliminate the Yard requirements (along with the written concurrence of the City's Director Building and Safety), whichever should first occur. 3. No amendments, terminations, waivers or modifications of this Agreement shall be made or deemed to have been inade unless consented to in writing by the parties hereto or their successors or assigns and the City of La Quinta. The parties also hereby acknowledge and agree that the City of La Quinta is a third party beneficiary and has the right to enforce the terms of this Agreement. 4. All Exhibits to this Agreement are incorporated herein and made a part hereof as if fully set forth herein. 5. All notices, demands and requests under this Agreement must be in writing and must be delivered personally or by nationally recognized overnight courier or sent by United States certified mail, return receipt requested, postage prepaid and addressed to the parties at their respective addresses set forth below, and the same shall be effective upon receipt if delivered personally, or on the next business day if sent by overnight courier, or three (3) business days after deposit in the mail if mailed, with a copy to the City of La Quinta at the address set forth on the Consent attached hereto and made a part hereof. The initial addresses of the parties shall be: Lowe's Lowe's HIW, Inc. (Highway 268 East, North Wilkesboro North Carolina 28659) North Wilkesboro, North Carolina 28656-0001 Attention: Property Management Dept. (REO) and Real Estate Law Department (REO) Target: Target Corporation Property Development Attn: Property Administration 1000 Nicollet Mall Minneapolis, MN 55403 Upon at least ten (10) days prior written notice, each party shall have the right to change its address to any other address within the United States of America. 42787\250636v4A 6. This Agreement may be signed in counterparts, each of which shall be deemed an original and all of which when taken together shall constitute one instrument. IN WITNESS WHEREOF, the parties have executed this Agreement on the date first above written. Target Corporation, a Minnesota corporation By: Name: Mike Bell Title: Vice President Lowe's HIW, Inc., a Washington corporation By: Name: Title: 42787\250636v4A 3 STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) On this .ZAy' day of :u"v cA 200 before me, a Notary Public within and for said County, personally appeared to me personally known, being first by me duly sworn, did say that he is the of Target Corporation and that said instrument was signed on behalf of said corporation by authority of its Board of Directors and acknowledged said instrument to be the free act and deed of said corporate n. .. } THOMAS FRANCIS DAWSON :d. Notary Public y: Minnesota =-' My Commission Expires J . 31, 2 7 Notky Public My commission expires: STATE OF NORTH CAROLINA ) ss. COUNTY OF ) On this day of , 200 , before me, a Notary Public within and for said County, personally appeared to me personally known, being first by me duly sworn, did say that he is the of Lowe's HIW, Inc. and that said instrument was signed on behalf of said corporation by authority of its Board of Directors and acknowledged said instrument to be the free act and deed of said corporation. Notary Public My commission expires: 42787\250636v4A 4 6. This Agreement may be signed in counterparts, each of which shall be deemed an original and all of which when taken together shall constitute one instrument. IN WITNESS WHEREOF, the parties have executed this Agreement on the date first above written. Target Corporation, a Minnesota corporation By:_ Name: Title: Lowe's HIW, Inc., a Washington corporation By av� h Name: Won ,p�C Title: enior Vice President 42787\250636v4A STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of , 200_, before me, a Notary Public within and for said County, personally appeared to me personally known, being first by me duly sworn, did say that he is the of Target Corporation and that said instrument was signed on behalf of said corporation by authority of its Board of Directors and acknowledged said instrument to be the free act and deed of said corporation. Notary Public My commission expires: STATE OF NORTH CAROLINA ) } ss. COUNTY OF 1N • 1 YAO ) On this as day of , 200 3, before me, a Notary Public within and for said County, personally appeared ,.id At 14oe► to me personally known, being first by me duly sworn, did say that he is the Y; Pr % . Ct* f- of Lowe's HIW, Inc. and that said instrument was signed on behalf of said corporation by authority of its Board of Directors and ' W C 3, " d&3 -)- acknowledged said instrument to be the free act and deed of said corporation. My commission expires: 42787\250636v4A 4 Notary Public NOFFICIAL SEA' -.' Notary Public, North Carolina ` County of Wilkes Me!issa Richardsm iN M ommission Expire, 2P2C,!/2-0 ►7 CONSENT The foregoing No Build Agreement is hereby acknowledged by the City and the power of enforcement granted therein is hereby accepted by the City. Dated: c , 2003. CITY of LA QUINTA By: �j /41," Name: 'Fog4 Its: Dtl�66rGr c' Ae"f' ,13Z,6L,( Notice address: P.O. Box 1504 La Quinta, California 92253 Attn: Director of Building and Safety STATE OF CALIFORNIA ) ss: COUNTY OF72FLee�e) On j,before me, the under igned, a Notary Public in and for and Statesaid County , personally appeared o , personally known to me (ef Pr- ad ta me an the bnsit-e��top to be th person(s) whose name(g) is/ve subscribed to the within instrument and acknowledged to me that he/,ske/thy executed the same in his/YWt/thAr authorized capacity(jes), and that by his/b&/tivir signature(AO) on the instrument the personal, or the entity upon behalf of which the person(() acted, executed the instrument. WITNESS my hand and official seal. REGENIA HENSLEY CommtzW # 1274458 z Notary Public - corftrria Z amide COWY Z wCaM.B#Mw919.2004 42787\250636v4A EXHIBIT A LEGAL DESCRIPTION OF LOWE'S TRACT THAT CERTAIN PARCEL OF LAND IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA LYING IN THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 5 SOUTH, RANGE 7 EAST OF THE SAN BERNARDINO BASE AND MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF SECTION 30; THENCE NORTH 89' 29' 55" EAST ALONG THE SOUTH LINE OF SAID NORTHEAST QUARTER, A DISTANCE OF 1339.94 FEET TO THE SOUTHEAST CORNER OF PARCEL 2 AS SHOWN ON PARCEL MAP NO.9618, ON FILE IN PARCEL MAP BOOK 60, PAGE 18, RECORDS OF RIVERSIDE COUNTY; THENCE NORTH 000 45' 06" WEST ALONG THE EAST LINE OF SAID PARCEL 2, A DISTANCE OF 36 FEET TO THE NORTH LINE OF AVENUE 47 DESCRIBED IN INSTRUMENT NOS. 211031 THROUGH 211039, RECORDED JUNE 8, 1990, OFFICIAL RECORDS; THENCE SOUTH 890 29' 55" WEST, A DISTANCE OF 369.45 FEET TO A TANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 564.00 FEET; THENCE WESTERLY AND NORTHWESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 194.56 FEET THROUGH A CENTRAL ANGLE OF 190 45' 53"; THENCE NORTH 700 44' 12" WEST ALONG A LINE TANGENT TO THE LAST DESCRIBED CURVE, A DISTANCE OF 172.43 FEET TO A TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 636.00 FEET; THENCE NORTHWESTERLY AND WESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 218.48 FEET THOUGH A CENTRAL ANGLE OF 190 40. 55"; THENCE SOUTH 890 34' 53" WEST ALONG A LINE TANGENT TO THE LAST DESCRIBED CURVE, A DISTANCE OF 221.32 FEET; THENCE NORTH 450 23' 00" WEST, A DISTANCE OF 33.26 FEET TO THE EAST LINE OF WASHINGTON STREET (60 FOOT HALF WIDTH) AS DESCRIBED IN INSTRUMENT NOS. 164281 AND 164284 THROUGH 164314, RECORDED MAY 4, 1990, OFFICIAL RECORDS, THE PREVIOUSLY DESCRIBED SIX COURSES HAVING BEEN ALONG THE NORTH LINE OF SAID AVENUE 47; THENCE NORTH 000 23' 00" WEST, A DISTANCE OF 61.78 FEET TO A TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF 2760.00 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 327.62 FEET THROUGH A CENTRAL ANGLE OF 06' 48' 04" TO A TANGENT, REVERSE CURVE CONCAVE EASTERLY HAVING A RADIUS OF 2640.00 FEET, A RADIAL LINE TO SAID POINT OF REVERSE CURVATURE BEARS NORTH. 82" 48' 56" EAST; 42787\250636v4A 2 THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 313.37 FEET THROUGH A CENTRAL ANGLE OF 060 48' 04" TO A POINT OF TANGENCY; THENCE NORTH 000 23' 00" WEST, A DISTANCE OF 925.44 FEET TO A TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF 2060.00 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 28.16 FEET THROUGH A CENTRAL ANGLE OF 000 47' 00" TO THE SOUTH LINE OF SIMON DRIVE AS SHOWN ON PARCEL MAP NO. 9618, A RADIAL LINE TO SAID POINT BEARS NORTH 880 50' 00" EAST, THE PREVIOUSLY DESCRIBED FOUR COURSES HAVLNG BEEN ALONG THE EASTERLY LINE OF WASHINGTON STREET; THENCE_ NORTH 520 24' 17" EAST, A DISTANCE OF 28.28 FEET TO A NON -TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 256.00 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 148.83 FEET THROUGH A CENTRAL ANGLE OF 33' 18' 37"; THENCE SOUTH 410 13' 41 " EAST ALONG A LINE TANGENT TO THE LAST DESCRIBED CURVE, A DISTANCE OF 373.22 FEET; THENCE NORTH 480 47' 03" EAST, A DISTANCE OF 498.65 FEET; THENCE SOUTH 860 12' 42" EAST, A DISTANCE OF 35.35 FEET TO THE SOUTHWESTERLY LINE OF STATE HIGHWAY 1 I I AS DESCRIBED IN INSTRUMENT NO. 31462, RECORDED APRIL 51, 1958, OFFICIAL RECORDS, THE PREVIOUSLY DESCRIBED FIVE COURSES HAVING BEEN ALONG THE SOUTHWESTERLY AND SOUTHEASTERLY LINE OF SAID SIMON DRIVE; THENCE SOUTH 410 12' 27" EAST ALONG THE SOUTHWESTERLY LINE OF STATE HIGHWAY 11 I, A DISTANCE OF 265.51 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 410 12' 27" EAST ALONG SAID SOUTHWESTERLY LINE, A DISTANCE OF 710.33 FEET; THENCE SOUTH 480 47' 33" WEST, A DISTANCE OF 54.37 FEET TO A TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 300.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 58.20 FEET THROUGH A CENTRAL ANGLE OF 11 ° 06' 54"; THENCE SOUTH 370 40' 39" WEST ALONG A TANGENT LINE TO THE LAST DESCRIBED CURVE, A DISTANCE OF 124.33 FEET TO A TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 300.00 FEET; 4278MS0636v4A 3 THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 58.20 FEET THROUGH A CENTRAL ANGLE OF 11 ° 06' 54"; THENCE SOUTH 480 47' 33" WEST ALONG A LINE TANGENT TO THE LAST DESCRIBED CURVE, A DISTANCE OF 514.13 FEET; THENCE NORTH 410 IT 27" WEST, A DISTANCE OF 745.56 FEET; THENCE NORTH 480 47' 33" EAST, A DISTANCE OF 806.16 FEET TO THE TRUE POINT OF BEGINNING. 42787\25Q636v4A 4 EXHIBIT B LEGAL DESCRIPTION OF TARGET TRACT Parcel 5 of Parcel Map 30903, as shown by map on file in Book-2067. Page(s)'tS to 57 , inclusive, of Parcel Maps, records of Riverside County, California. 427871250636v4A WASHINGTON ST. �. < 14 ov O r F± Mr p r / / >Z / r > �-� / O p "� / M > r <.w f. 1 Mr ♦♦ / t' �o�Xco XN / DO f ' ` >? ♦ ��'• m • 'i ii I U�. � • •f �r ♦ Or, �`. I 07 po ' Ti m > m I -S = fff A n CD If A •,�p dF.j 1 - co N mrt (Ail 1 c• �i a Tit, � ;l t OMC y S zod >Z --1 i/ f �f f/ �> z �% �m > 03 > z ACC_ G)rC O morn z m o� M K m O co C Q D rn D M x �D zr O zom X.r. M Y ;r 1 EXHIBIT "C" MAP TO ACCOMPANY DESCRIPTION PROPOSED NO -BUILD EASEMENT 5 SCALE: 1" =100 � � 1NS7", J\10, 4,0234 EXISTING LOWES ' TRACT NO -BUILD ZONE, PARCEL 2 rr'M I\10, 30JN3 �s TARGET pl TRACT P4ARCEL / BOUNDARY LEGEND: INDICATES PROPOSED EASEMENT PAJ 8 "SSO`S"T-F-S. W41C_ EASEMENT PLAT 151 KALMUS DRIVE BLDG. M. SUITE 2 COSTA MESA. CALIF. 92626 FOR (714) 241-3400 (714) 241-3432 NO-�L EASEMENT DATE: JUNE. 2003 1 SCALE: 1" =100' W.O. 312-1 SHEET 2 OF 2