RES-9196 Acquisition of Real Property at Vista Summit Way and Vista Ridge DriveRESOLUTION NO. 9196
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ORANGE DECLARING THE PUBLIC INTEREST
AND NECESSITY OF ACQUIRING CERTAIN REAL
PROPERTY LOCATED AT 2656, 2664, 2694 and 2700
VISTA SUMMIT WAY AND 2821 AND 2823 VISTA
RIDGE DRIVE AND AUTHORIZING THE ACQUISITION
THEREOF.
Owners: Aileen Herrera (2823 Vista Ridge Drive)
Kord Group (2656, 2664, 2694 and 2700 Vista Summit Way and
2821 East Vista Ridge Drive)
THE CITY COUNCIL OF THE CITY OF ORANGE DOES HEREBY FIND,
DETERMINE, ORDER AND RESOLVE AS FOLLOWS:
1. The City of Orange is a municipal corporation located in the County of Orange, State of
California.
2. The property hereinafter described ("the Property") is to be taken in fee simple unless
a lesser estate is described.
3. The Property is to be taken for a public use, namely to effectuate the implementation of a
grading plan to eliminate a dangerous condition and to prevent a massive landslide failure in
the area, which has the potential of causing substantial damage to surrounding property and
threatens the safety of people living in the area. In its current condition the Property is
detrimental to the public health, safety and welfare.
4. The Property is to be acquired pursuant to the authority conferred upon the City of Orange
by Article I, Section 19 of the California Constitution, and the Eminent Domain Law,
California Code of Civil Procedure Section 1230.010 et seq., Government Code Section
37350 and Government Code 38660.
5. The Property is located in the Peralta Point neighborhood, commonly referred to as 2656,
2664, 2694 and 2700 Vista Summit Way and 2821 and 2823 Vista Ridge Drive as is more
particularly described in Exhibit "A", which is attached hereto and incorporated herein by
this reference.
THE CITY COUNCIL OF THE CITY OF ORANGE FURTHER FINDS AND
DETERMINES AS FOLLOWS:
1. That the public interest and necessity require the acquisition of the Property for the proposed
project;
2. That the proposed project is planned and located in the manner that will be most compatible
with the greatest public good and the least private injury;
3. That the Property is necessary for the proposed project; and
4. That an offer has been made to the owner of record of the Property pursuant to California
Government Code Section 7267.2.
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ORANGE AS FOLLOWS:
1. The City Attorney is hereby authorized and directed to take all steps necessary to institute
and prosecute proceedings in a court of competent jurisdiction to acquire the Property by
eminent domain.
2. The Director of Finance is hereby authorized and directed to draw such warrants as may be
required by the Superior Court for deposit with the State Treasury for probable compensation
in accordance with California Code of Civil Procedure Section 1255.010.
Adopted this 23rd day of November, 1999.
M~or Joanne Coontz, City of Or
ATTEST:
A1~4A~Jt1~City Clerk of the of Orange
I hereby certify that the foregoing Resolution was duly and regularly adopted by the City Council
ofthf: City of Orange at a regular meeting thereof held on the 23rd day of November, 1999, by
the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCIL MEMBERS: Murphy ISla ter I Coontz I Spurgeon I Al varez
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
e~~
Cassandra J. Cathc , City Clerk of the City of Orange
2 dad
EXHmITA 2656 N. Vista Summit Way, Orange, California
THE LAND REFERRED TO IN TIDS GUARANTEE IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY
OF ORANGE, CITY OF ORANGE, AND IS DESCRIBED AS FOLLOWS:
PARCEL 1:
LOT 186 OF TRACT NO. 10439, AS PER MAP FILED IN BOOK 489, PAGES 27 THROUGH 32 ING..USIVE OF
MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, TOGETHER WITH THAT PORTION
OF VI5'TA SUMMIT WAY (VACATED), AS SHOWN ON THE MAP OF SAID TRACT NO. 10439. LOCATED
NORTHERLY OF THE EASTERLY PROLONGATION OF THE SOUTHERLY BOUNDARY OF SAID LOT 186,
SOUTHERLY OF THE EASTERLY PROLONGATION OF THE NORTHERLY BOUNDARY OF SAID LOT 186 AND
WESTERLY OF THE CENTERLINE OF SAID VISTA SUMMIT WAY (VACATED).
EXCEPTING THEREFROM, ALL OlL, OlL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS RIGHTS,
AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN THAT MAY BE WITInN OR UNDER THE
PARCEL OF LAND HEREINABOVE DESCR1IlED, TOGETHER WITH THE PERPETUAL RIGHT OF DRlLLlNG,
MINING, EXPLORING AND OPERATING THEREFOR, AND STORING IN AND REMOVING THE SAME FROM
SAID LAND OR ANY OTHER LAND, ING..UOING THE RIGHT TO WHIPSTOCK OR DIREcrIONALLY DRlLL
AND MINE FROM LANDS OTHER THAN THOSE HEREINABOVE DESCRIBED, OlL OR GAS WELLS, TUNNELS
AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE LAND HEREINABOVE DESCRIBED,
AND TO BOTTOM sum WHIPSTOCKED OR DIRECTIONALL Y DRlLLED WELLS, TUNNELS AND SHAFTS
UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF. AND TO REDRlLL, RETUNNEL,
EQUIP, MAINTAIN. REPAIR, DEEPEN AND OPERATE ANY sum WELLS OR MINES, WITHOUT, HOWEVER,
THE RIGHT TO DRlLL, MINE, STORE, EXPLORE AND OPERATE THROUGH THE SURFACE OR THE UPPER
500 FEET OF THE SUBSURFACE OF THE LAND HEREINABOVE DESCRIBED, OR OTHERWISE IN SUO!
MANJlIERAS TO ENDANGER THE SAFETY OF ANY IDGHWAY THAT MAY BE CONSTRUCTED ON SAID
LANDS, AS EXCEPTED IN THE DEED FROM SANTIAGO LAND COMPANY, RECORDED DECEMBER 23. 1960
IN BOOK 5563, PAGE 227 OF OFFICIAL RECORDS.
PARCEL 2:
EASEMENTS FOR INGRESS, EGRESS, ENCROACHMENT, AND RECREATIONAL RIGHTS OVER THE
COMMUNITY FAC1LITIES AND EASEMENTS FOR ACCESS OVER PROPERTY ADJOINING PARCEL 1. AS SET
FORTH IN THE SECTIONS ENTITLED "CERTAIN EASEMENTS FOR OWNERS" AND "SUPPORT, SETILEMENT
AND ENCROACHMENT" OF THE ARTIG..E ENTITLED "EASEMENTS" OF THE DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS ("DECLARATION"), RECORDED AUGUST 28, 1987 AS
INSTRUMENT NO. 87-491163 OF OFFICIAL RECORDS OF ORANGE COUNTY.
EXHIBIT A 2664 N. Vista Summit Way, Orange, California
THE LAND REFERRED TO IN THIS GUARANTEE IS SITUATED IN THE STATE OF CAUFORNIA. COUNTY
OF ORANGE. CITY OF ORANGE. ."'-NO IS DESCRIBED AS FOLLOWS:
PARCEL I:
LOT 185 OF TRACf NO. 10439. AS PER MAP FILED IN BOOK 489. PAGES 17 THROUGH 31 INCLUSIVE OF
MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CAUFORNlA. TOGETHER WITH THAT PORTION
OF VISTA SUMMIT WAY (VACATED), AS SHOWN ON THE MAP OF SAID TRACf NO. 10439, LOCATED
NORTHERLY OF THE EASTERLY PROLONGATION OF THE SOUTHERLY BOUNDARY OF SAID LOT 185.
SOUTHERLY OF THE EASTERLY PROLONGATION OF THE NORTHERLY BOUNDARY OF SAID LOT 185 AND
WESTERLY OF THE CENTERLINE OF SAID VISTA SUMMIT WAY (VACATED).
EXCEPTING THEREFROM. ALL OIL. OIL RIGHTS, MINERALS. MINERAL RIGHTS, NATURAL GAS RIGHTS.
AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN THAT MAYBE WITHIN OR UNDER THE
PARcr:L OF LAND HEREINABOVE DESCRIBED. TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING.
MINING, EXPLORING AND OPERATING THEREFOR. AND STORING IN AND REMOVING THE SAME FROM
SAID l.AND OR ANY OTHER LAND. INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL
AND MINE FROM LANDS OTHER THAN THOSE HEREINABOVE DESCRIBED, OIL OR GAS WELLS, TUNNELS
AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE LAND HEREINABOVE DESCRIBED,
AND TO BO'ITOM SUCH WHIPSTOCKED OR DIRECfIONALL Y DRILLED WELLS. TUNNELS AND SHAFTS
UNDER AND BENEATH OR BEYOND THE EXTERIOR UMITS THEREOF, AND TO REDRILL. RETUNNEL.
EQUIP. MAlNTAIN. REPAIR. DEEPEN AND OPERATE ANY SUCH WELLS OR MINES. WITHOUT. HOWEVER.
THE RIGHT TO DRILL. MINE. STORE. EXPLORE AND OPERATE THROUGH THE SURFACE OR THE UPPER
500 FEET OF THE SUBSURFACE OF THE L\ND HEREINABOVE DESCRIBED. OR OTHERWISE IN SUCH
MANNER AS TO ENDANGER THE SAFETY OF ANY HIGHWAY THAT MAY BE CONSTRUCfED ON SAID
LANDS, AS EXCEPTED IN THE DEED FROM SANTIAGO L\ND COMPANY, RECORDED DECEMBER 13. 1960
IN BOOK 5563. PAGE 117 OF OFFICIAL RECORDS.
PARIT::L 1:
EASEMENTS FOR INGRESS. EGRESS. ENCROACHMENT AND RECREATIONAL RIGHTS OVER THE
COMMUNITY FACILITIES AND EASEMENTS FOR ACCESS OVER PROPERTY ADJOINING PARCEL 1. AS SET
FORTH IN THESECI'IONS ENTITLED "CERTAIN E-\SEMENTS FOR OWNERS" AND "SUPPORT. SETTLE/"IENT
AND ENCROACHMENT" OF THE ARTICLE ENTITLED "EASEME:-ITS" OF THE DECL-\RATIOl': OF
COVENANTS. CONDITIONS AND RESTRICfIONS ("DECL-\RATION"). RECORDED AUGUST 28. 1987 AS
INSTRUMENT NO. 87491163 OF OFFICIAL RECORDS OF ORANGE COUNTY. CALIFORNIA.
EXHIBIT A 2694 N. Vista Summit Way, Orange, California
THE LAND REFERRED TO IN THIS GUARANTEE IS :;;-;-C.-\. ;ED ;~ THE ST.-\ TE OF CALIFORNL-\. COUNTY OF ORANGE. OTY
OF ORANGE, AND IS DESCRIBED AS FOLLOWS:PARCEL I:LOT
182 OF
TRAa NO. 10439, AS PER MAP FILED IN BOOK ~89. PAGES 27 THROUGH 32 INCLUSIVE OF MISCELLANEOUS MAPS, RECORDS
OF OR.-\NGE COUNTY, CALlFOR.l\IL-\, TOGETHER WITH THAT PORTION OF VI:,'TA SUMMIT
WAY iVAC\TED). AS SHOWN ON THE MAP OF SAID TRAcr NO. 10439. LOCATED NORTHERLY OF THE EASTERLY
PROLONGATION OF THE SOUTHERLY BOUNDARY OF SAID LOT 182,SOUTHERLY OF THE EASTERLY
PROLONGATION OF THE NORTHERLY BOUNDARY OF SAID LOT 182 AND WESTERLY OF THE CENTERLINE
OF SAID VISTA SUMMIT WAY (VAC\TED1.EXCEPTING THEREFROM. ALL OIL,
OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS RIGHTS.AND OTHER HYDROCARBONS BY
WHATSOEVER NAME KNOWN THAT MAYBE WITHIN OR UNDER THE PARCEL OF L-\ND
HEREINABOVE DESCRIBED, TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING.MINING, EXPLORING AND OPERATING
THEREFOR. AND STORING IN AND REMOVING THE SA..'vlE FROM SAID LANDOR ANY
OTHER LAND. INCLUDING THE RIGHT TO WHIPSTOCK OR DIREcrlONALLY DRILL AND MINE FROM LANDS
OTHER THAN THOSE HEREINABOVE DESCRIBED. OIL OR GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH
OR ACROSS THE SUBSURFACE OF THE LA:-ID HEREINABOVE DESCRIBED.AND1'0 BOTTOM
SUO:! WHIPSTOCKED OR DIREcrlONALL YDRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR
BEYOND THE EXTERIOR LIMITS THEREOF, AND TO REDRlLL, RETUNNEL.EQUIP, MAINTAIN, REPAIR. DEEPEN
AND OPERATE ANY SUO:! WELLS OR MINES. WITHOUT, HOWEVER.THE RIGHT TO DRILL.
lvUNE, STORE. EXPLORE AND OPERATE THROUGH THE SURFACE OR THE UPPER 500 FEET OF THE
SUBSURFACE OF THE LAND HEREINABOVE DESCRIBED, OR OTHERWISE IN SUCH MANNER AS TO ENDANGER
THE SAFETY OF ANY HIGHWAY THAT MAYBE CONSTRUcrED ON SAID LANDS. AS EXCEPTED IN
THE DEED FROM SANTIAGO LAND COMPA:-IY, RECORDED DECEMBER 23. 1960 IN BOOK 5563, PAGE
227 OF OFFIOAL RECORDS.PARO:L 2:EASEMENTS
FOR INGRESS, EGRESS,
ENCROACHMENT AND RECRE-\TlONAL RIGHTS OVER THE COMMUNITY FACILITIES .-\ND EASEMENTS
FOR ACCESS OVER PROPERTY ADJOINING PARCEL I, AS SET FORTH IN THE SEcrlONS ENTITLED "
CERTAIN EASEMENTS FOR OWNERS" AND "SUPPORT. SETTLEMENT AND ENCROACHMENT" OF THE ARTICLE
ENTITLED "EASEMENTS" OF THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRIcrIONS ("DECLARATION"),
RECORDED AUGUST 28. 1987 AS INSTR.UMENT NO. 87-491163
OF OFFICIAL RECORDS OF ORANGE COUNTY. CALIFORNIA.
EXHIBIT A 2700 N. Vista Summit Way, Orange, California
THE LAND REFERRED TO IN THIS GUARANTEE IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY
OF ORANGE, mY OF ORANGE, AND IS DESCRIBED AS FOLLOWS:
PARCEL I:
PARCEL 3 AS SHOWN AND DESCRIBED ON THAT CERTAIN LOT LINE ADJUSTMENT NO. LL-
87-IO RECORDED ON JUNE 12, 1987 AS INSTRUMENT NO. 87-333636 OF OFFICIALRECORDS
OF ORA..\JGE COUNTY, CALIFORNIA, TOGETHER WITH THAT PORTION OF VISTA SUMMIT WAY (
VACATED) AS SHOWN ON THE MAP OF TRACT NO. 10439, FIT.ED IN BOOK 489, PAGES 27 THROUGH
32 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, LYING NORTHEASTERLY
OF THE EASTERLY PROLONGATION OF THE SOUTHERLY BOUNDARY OF SAID PARCEL 3 AND SOUTHWESTERLY
OF A LINE BEGINNING AT THE MOST WESTERLY CORNER OF LOT 191 OF SAID TRACT NO.
10439, AND RUNNING SOUTH 2S DEG. 34' 02" WEST 46.00 FEET TO THE CENTERLINE OF SAID VISTA
SUMMIT WAY (VACATED).EXCEPTING THEREFROM, ALL on., on. RIGHTS, MINERALS, MINERAL RIGHTS,
NATURAL GAS RIGHTS.AND OTHER HYDROCARBONS BY WHATSOEVER. NAME KNOWN THAT MAY BE WITHIN
OR UNDER THE PARCEL OF LAND HEREINABOVE DESCRIBED, TOGETHER WITH THE PERPETUAL RIGHT
OF DRll.LING,MINING, EXPLORING AND OPERATING THEREFOR, AND REMOVING THE SAME
FROM SAID LAND OR ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY
DRILL AND MINE FROM LANDS OTHER THAN THOSE HEREINABOVE DESCRIBED, on. OR GAS
WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE LAND
HEREINABOVE DESCRIBED, AND TO BOTTOM SUCH WHlPSTOCKED OR DIRECTIONALL Y DRILLED WELLS, TUNNELS
AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF, AND TO
REDRILL, RETUNNEL. EQUIP,MAINTAIN. REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES,
WITHOUT, HOWEVER, THE RIGHT TO DR1LL, MINE, STORE, EXPLORE AND OPERATE THROUGH THE SURFACE OR
THE UPPER 500 FEET OF THE SUBSURFACEOF THE LA.."ID HEREINABOVE DESCRIBED OR
OTHERWISE IN SUCH MANNER AS TO ENDANGER THE SAFETY OF ANY ffiGHW AY THAT MAYBE
CONSTRUCTED ON SAID LANDS AS EXCEPTED IN THE DEED FROM SANTIAGO LAND COMPANY, RECORDED
DECEMBER 23. 1960 IN BOOK 5563. PAGE 227
OF OFFICIAL
RECORDS.PARCF~2:EASEMENTS FOR INGRESS, EGRESS. ENCROACHMENT AND RECRE....TIONAL
RIGHTS OVER THE COMMUNITY FAOLITIES AND EASEMENTS FOR ACCESS OVER PROPERTY ADJOINING PARCEL
I AS SET FORTH IN THE SECTIONS ENTITLED "CERTAIN EASEMENTS FOR OWNERS"
AND "SUPPORT, SETTLEMENT AND ENCROACHMENT" OF THE ARTICLE ENTITLED "EASEMENTS" OF
THE DECLARATION OF COVENANTS, CONDmONSAND RESTRICTIONS ("DECLARATION") RECORDED AUGUST
28, 1987 AS INSTRUMENT NO. 87-491163 OF OFFICIAL RECORDS
EXHIBIT A 2821 E. Vista Ridge Drive, Orange, California
THE lAND REFERRED TO IN TIDS GUARANTEE IS SITUATED IN THE STATE OF CALIFORNIA, COl.;:--iTY
OF ORANGE, CITY OF ORANGE, Ac'ID IS DESCRIBED AS FOLLOWS:
PARCEL I:
PARCEL 3, AS SHOWN AND DESCRIBED ON THAT CERTAIN LOT LINE ADJUSTMENT NO. LL-
87-10 RECORDED ON JUNE 12, 1987 AS INSTRUMENT NO. 87-333636 OF OFFICIAL
RECORDS OF ORANGE COUNTY. CALIFORNIA, TOGETHER WITH THAT PORTION OF VISTA SUMMIT WAY (
VACATED) AS SHOWN ON THE MAP OF TRACf NO. 10439, Fll.ED IN BOOK 489, PAGES IT TIIROUGH
32 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, LYING NORTHEASTERLY
OF THE EASTERLY PROLONGATION OF THE SOUTHERLY BOUNDARY OF SAID PARCEL 3 AND SOUTHWESTERLY
OF A LINE BEGINNING AT THE MOST WESTERLY CORNER OF LOT 191 OF SAID TRACf NO.
10439, AND RUNNING SOUTH 25 DEG. 34' 02. WEST 46.00 FEET TO THE CENTERLINE OF
SAID VISTASUMMlTWAY (VACATED).EXCEPTING THEREFROM, ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS,
NATURAL GAS RIGHTS,AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN THAT MAY BE WITIDN
OR UNDER THE PARCEL OF LAND HEREINABOVE DESCRIBED, TOGETHER WITH THE PERPETUAL
RIGHT OF DRILLING.MINING, EXPLORING AND OPERATING THEREFOR, AND REMOVING THE SAME
FROM SAID lAND OR ANY OTHER LAND, INCLUDING THE RIGHT TO WIDPSTOCK OR DIRECITONALLY
DRILL AND MINE FROM lANDS OTHER THAN THOSE HEREINABOVE DESCRIBED, OIL OR GAS
WELLS, TUNNELS AND SHAFTS INTO, TIIROUGH OR ACROSS THE SUBSURFACE OF THE lAND
HEREINABOVE DESCRIBED, AND TO BOTIOM SUCH WIDPSTOCKED OR DIRECTIONALL Y DRILLED WELLS, TUNNELS
AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF. AND TO
REDRILL, RETUNNEL, EQUIP,MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES,
WITHOUT, HOWEVER. THE RIGHT TO DRill., MINE, STORE, EXPLORE AND OPERATE TIIROUGH THE SURFACE OR
THE UPPER 500 FEET OF THE SUBSURFACE OF THE LAND HEREINABOVE DESCRIBED OR
OTHERWISE IN SUCH MANNER AS TO ENDANGER THE SAFETY OF ANY IDGHWAY THAT MAY BE
CONSTRUCfED ON SAID LANDS AS EXCEPTED IN THE DEED FROM SANTIAGO LAND COMPANY, RECORDED
DECEMBER 23, 1960 IN BOOK 5563, PAGE 227
OF OFFICIAL
RECORDS.PARCEL 2:EASEMENTS FOR INGRESS, EGRESS, ENCROACHMENT AND RECREATIONAL
RIGHTS OVER THE COMMUNITY FAQLITIES AND EASEMENTS FOR ACCESS OVER PROPERTY ADJOINING PARCEL
I AS SET FORTH IN THE SECTIONS ENTITLED .CERTAIN EASEMENTS FOR OWNERS.
AND .SUPPORT, SETILEMENT AND ENCROAOIMENT. OF THE ARTICLE ENTITLED .EASEMENTS. OF THE
DEa.ARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS (.DEa.ARATlONj RECORDED AUGUST
28. 1987 AS INSTRUMENT NO. 87-491163 OF OFFIOAL RECORDS
EXHIBIT A 2823 E. Vista Ridge Drive, Orange, California
THE LAND REFERRED TO IN TIDS GUARANTEE IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY
OF ORANGE, OTY OF ORANGE, AND IS DESCRIBED AS FOLLOWS:
PARCEL 1:
LOT ]89 OF TRAcr NO. 10439, AS PER MAP FILED IN BOOK 489, PAGES 27 TO 32 ING.USIVE OF
MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, TOGETHER WITH THAT
PORTION OF VISTA SUMMIT WAY (VACATED), AS SHOWN ON THE MAP OF SAID TRAcr NO. 10439,
LOCATED NORTHERLY OF THE NORTHERLY BOUNDARY OF PARCEL I, AS SHOWN AND DESCRIBED ON
THAT CERTAIN LOT LINE ADJUSTMENT NO. 87-10 RECORDED ON JUNE 12. 1987, AS
INSTRUMENT NO. 87-333636 OF OFFIOAL RECORDS OF ORANGE COUNTY, CALIFORNIA, SOUTHERLY
OF THE WESTERLY PROLONGA nON OF THE NORTHERLY BOUNDARY OF SAID LOT 189 AND EASTERLY
OF THE CENTERLINE OF SAID VISTA SUMMIT WAY (VACATED); ALSO TOGETHER WITH THAT PORTION
OF VISTA RIDGE DRIVE (VACATED) AS SHOWN ON THE MAP OF SAID TRAcr NO. 10439 LOCATED
NORTHERLY OF THE NORTHERLY BOuNDARY OF SAID PARCEL 1 OF SAID LOT LINE ADJUSTMENT
AND SOUTH-WESTERLY OF A LINE BEGINNING AT THE MOST EASTERLY CORNER OF SAID LOT 189
AND RUNNING SOUTIf 31 DEG. 13' 06" EAST 46.00 FEET TO A POINT IN THE CENTERLINE OF SAID VISTA
RIDGE
DRIVE VACATED).EXCEPTING THEREFROM, ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL
GAS RIGHTS,AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN THAT MAY BE WITHIN OR
UNDERTHE PARD:!. OF LAND HEREINABOVE DESCRIBED, TOGETHER WITH THE PERPETUAL RIGHT
OF DRILLING,MINING, EXPLORING AND OPERATING THEREFOR, AND REMOVING THE SAME FROM
SAID LAND OR ANY OTHER LAND, ING.UDING THE RIGHT TO WHIPSTOCK OR DIREcrIONALLY DRILL
AND MINE FROM LANDS OTHER THAN THOSE HEREINABOVE DESCRIBED, OIL OR GAS WELLS.
TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE LAND HEREINABOVE
DESCRIBED, AND TO BOTTOM SUCH WHIPSTOCKED OR DIREcrIONALL Y DRILLED WELLS, TUNNELS AND
SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF, AND TO REDRILL,
RETUNNEL, EQUIP,MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES, WITHOUT,
HOWEVER, THE RIGHT TO DRILL, MINE, STORE, EXPLORE AND OPERATE THROUGH THE SURFACE OR THE
UPPER 500 FEET OF THE SUBSURFACE OF THE LAND HEREINABOVE DESCRIBED OR OTHERWISE
IN SUCH MANJllERAS TO ENDANGER THE SAFETY OF ANY lllGHWAY THAT MAY BE CONSTRUcrED
ON SAID LANDS AS EXCEPTED IN THE DEED FROM SANTIAGO LAND COMPANY RECORDED DECEMBER
23, 1960 IN BOOK 5563, PAGE 227 OF
OFFIOAL RECORDS.
PARCEL 2:EASEMENTS FOR INGRESS, EGRESS, ENCROACHMENT AND RECREATIONAL RIGHTS
OVER THE COlvIMUNITY FACILITIES AND EASEMENTS FOR ACCESS OVER PROPERTY ADJOINING PARCEL 1
AS SET FORTH IN THE SEcrIONS ENTITLED "CERTAIN EASEMENTS FOR OWNERS" AND "SUPPORT.
SETTLE.'vlENT AND ENCROACHMENT" OF THE ARTICLE ENTITLED "EASEMENTS" OF THE
DECLARATION OF COVENANTS. CONDITIONS AND RESTRIcrlONS ("DECLARATION") RECORDED AUGUST 28.
1987 AS NSTRUMENT NO. 87-491163 OF OFFIOAL RECORDS OF