HomeMy WebLinkAboutCT 2022-0001; Carlsbad Village II LLC; 2024-0298159; Local Improvement District AgreementRECORDING REQUESTED BY:
City of Carlsbad
Development Services Department
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Drive
Carlsbad, CA 92008
DOC# 2024-0298159
111111111111 lllll 111111111111111111111111111111 IIIII IIIII IIIII IIII IIII
Oct 30, 2024 10:12 AM
OFFICIAL RECORDS
JORDAN Z. MARKS,
SAN DIEGO COUNTY RECORDER
FEES $287.00 (SB2 Atkins $225.00)
PAGES: 17
Space above this line for Recorder's use.
CITY OF CARLSBAD
Permit No.
Parcel No.
LOCAL IMPROVEMENT DISTRICT AGREEMENT
ROW2023-0851
203-320-02-00; 203-320-20-00; 203-320-41-00;
203-320-40-00; 203-320-48-00; 203-320-51-00
THIS AGREEMENT (the "Agreement") is made this 29 day of
October , 2024_by and between the City of Carlsbad , a municipal
corporation (the "City"), and Carlsbad Village II , LLC., a Delaware limited liability company
(the "Owner").
RECITALS
1. Owner is the owner of real property located in the City of Carlsbad , California and
described in Exhibit A attached hereto and incorporated herein by this reference
(the "Property").
2. Owner has applied to the City for issuance of the above identified permit to
authorize the development of the Property (the "Development Permit").
3. The City has determined that additional public improvements may be necessary in
the future in order to allow Owner to proceed with development and, therefore, the
Property would be suitable for development as requested by Owner if certain public
improvements as described in Exhibit B attached hereto and incorporated herein
by this reference (the "Improvements") are constructed .
4. The Municipal Code of the City of Carlsbad requires the dedication of the
necessary rights-of-way for and the construction by Owner of the Improvements
or an agreement for the same for certain developments as a condition of approval
of the Development Permit for certain building projects such as that proposed by
owner.
5. The Owner has requested that the City approve the Development Permit prior the
construction of the Improvements.
6. The City is willing to approve the Development Permit prior to the construction of
the Improvements as requested by the Owner if Owner approves of and consents
to the formation of an assessment district to include the Property for the purpose
of financing the construction of the Improvements.
NOW, THEREFORE, IT IS AGREED between the parties as follows:
Section 1. Recitals.
The foregoing recitals are true and correct.
Section 2. City's Obligations.
The City shall approve the Development Permit promptly following the execution of this
Agreement by the Owner and compliance with all applicable City ordinances and other
requirements.
Section 3. Owner's Obligations.
Section 3.01.
Owner's Consent to and Approval of Formation of an Assessment District and Levy of
Assessments. In consideration for the approval of the Development Permit prior to the
completion of the construction of the Improvements, Owner hereby consents to and
approves of:
A. the inclusion of the Property in an assessment district which may be formed by the
City Council of the City for the purpose of financing the construction of the
Improvements (the "Assessment District");
B. the levy of an assessment against the Property (the "Assessment") in an amount
not to exceed the estimated cost of construction of the Improvements, together
with the estimated incidental costs of such construction and the estimated costs of
formation of the Assessment District and issuance of any bonds to be issued to
represent the Assessment. The foregoing costs constituting the Assessment are
set forth in Exhibit C attached hereto and incorporated herein by this reference.
The Assessment shall be subject to adjustment for inflation from the date first
written hereinabove until the date the Assessment is confirmed and levied by the
increase in the Construction Cost Index for Los Angeles as contained in the
Engineering News Record or, if the Construction Cost Index for Los Angeles is no
longer published, an equivalent index reasonably selected by the City Engineer. In
granting the consents and approvals set forth in this Section 3., Owner is acting
for and on behalf of Owner, the Owner's successors, heirs, assigns, and/or
transferees and intends that such consents and approvals shall be binding upon
each and every such person.
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Except as otherwise provided for in this Agreement, the consents and approvals given
by Owner shall be irrevocable.
Section 3.02
Owner's Grant of a Proxy to the City for Assessment Ballot Procedure. Owner hereby
grants to the City a proxy to act for and on behalf of Owner, the Owner's successors,
heirs, assigns, and/or transferees for the limited purpose of completing and submitting
an assessment ballot in support of the levy of the Assessment in the proceedings to
form the Assessment District.
In granting such proxy, Owner is acting for and on behalf of Owner, the Owner's
successors, heirs, assigns, and/or transferees and intends that such proxy shall be
binding upon each and every such person.
Except as otherwise provided for in this Agreement, the proxy granted by Owner shall
be irrevocable.
Section 4. Owner's Representations and Waiver of Rights.
Section 4.01
Owner's Representations. Owner hereby represents as follows:
A. Owner understands and acknowledges that:
1. Article XIIID of the Constitution of the State of California ("Article XIIID") and
the Proposition 218 Omnibus Implementation Act (Government Code Section
53750 and following) (the "Implementation Act") (Article XIIID and the
Implementation Act may be referred to collectively as the "Assessment Law")
establish certain procedures and requirements which apply when any agency
such as the City considers the levy of assessments upon real property.
2. The requirements established by the Assessment Law include the following:
a. The proportionate special benefit derived by each parcel to be assessed
must be determined in relationship to the entirety of the capital cost of the
improvement for which the assessment is to be levied;
b. No assessment may be imposed on any parcel which exceeds the
reasonable cost of the proportional special benefit conferred on that parcel
from the improvement for which the assessment is to be levied;
c. On ly special benefits are assessable; and
d. Parcels within an assessment district that are owned or used by any
agency, the State of California or the United States of America shall not be
exempt from assessment unless the agency proposing to levy the
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assessment can demonstrate by clear and convincing evidence that those
publicly owned parcels in fact receive no special benefit from the
improvement for which the assessment is being levied.
3. The procedures established by the Assessment Law include:
a. The agency which proposes to levy an assessment (the "Agency") shall
identify all parcels which will have a special benefit conferred upon them
from the improvement for which the assessment is proposed to be levied
and upon which an assessment is proposed to be imposed.
b. All assessments must be supported by a detailed engineer's report
prepared by a registered professional engineer certified by the State of
California.
c. Prior to levying a new assessment, the Agency must give written notice by
mail (the "Assessment Notice") to the record owner, i.e., the owner of a
parcel whose name and address appears on the last equalized secured
property tax roll, of each parcel proposed to be assessed. The Assessment
Notice must include: (i) the total amount of the proposed assessment
chargeable to the entire assessment district, (ii) the amount chargeable to
the record owner's parcel, (iii) the duration of the assessment payments,
(iv) the reason for the assessment, (v) the basis on which the amount of the
proposed assessment was calculated , and (vi) the date, time and location
of a public hearing on the proposed assessment.
d. The Assessment Notice must contain an assessment ballot that includes a
place where the person returning the assessment ballot may indicate his or
her name, a reasonable identification of the parcel, and his or her support
or opposition to the proposed assessment. The Assessment Notice must
also include, in a conspicuous place, a summary of the procedures for the
completion, return and tabulation of assessment ballots.
e. At the time, date and place stated in the Assessment Notice, the Agency
shall conduct a public hearing upon the proposed assessment. At such
public hearing, the Agency shall consider all objections or protests, if any,
to the proposed assessment. At such public hearing, any interested person
shall be permitted to present written or oral testimony.
f. At the conclusion of the public hearing, the Agency shall tabulate the
assessment ballots submitted, and not withdrawn, in support or opposition
to the proposed assessment. If there is a majority protest against the
imposition of a new assessment, the Agency may not impose the
assessment. A majority protest exists if the assessment ballots submitted,
and not withdrawn, in opposition to the proposed assessment exceed the
assessment ballots submitted, and not withdrawn, in favor of the proposed
assessment. In tabulating the assessment ballots, the assessment ballots
4
shall be weighted by the amount of the proposed assessment to be imposed
upon each parcel for which an assessment ballot was submitted.
4. The description of the requirements and procedures established by and
contained in the Assessment Law set forth above are intended only to
summarize certain of such requirements and procedures.
5. The City would not agree to issue the Development Permit prior to the
construction of the Improvements unless the City is assured that it will be legally
able to impose the Assessment on the Property. The assurance of the City's
legal ability to impose the Assessment on the Property is both a material
inducement to and a material consideration for the City to enter into this
Agreement and agree to issue the Development Permit prior to the construction
of the Improvements.
B. Owner has had a reasonable opportunity to thoroughly read and review the
Assessment Law in its entirety and has further had a reasonable opportunity to
consult with Owner's attorney regarding the Assessment Law and the terms and
conditions of this Agreement.
Section 4.02
Waiver of Rights
A. In consideration of the approval by the City of the Development Permit prior to the
construction of the Improvements, Owner hereby waives Owner's rights under the
Assessment Law to:
1. object or protest the ordering by the city of the construction of the
Improvements and the imposition of the Assessment at such public hearing so
long as the amount of the Assessment does not exceed the amount set forth in
Exhibit C hereto adjusted for inflation pursuant to Section 3.01 B above;
2. submit an assessment ballot in support of or in opposition to the imposition of
the Assessment so long as the amount of the Assessment does not exceed the
amount set forth in Exhibit C hereto adjusted for inflation pursuant to Section
3.01 B above; and
3. file or bring any protest, complaint or legal action of any nature whatsoever
challenging the validity of the proceedings to form the Assessment District
and/or the validity of the imposition of the Assessment on the Property.
B. In order that the City may be assured of its ability to legally impose the Assessment
on the Property and, therefore, be willing to enter into this Agreement and agree
to approve the Development Permit prior to the construction of the Improvements,
Owner represents and warrants that Owner has knowingly, intelligently and
voluntarily waived for and on behalf of Owner, Owner's successors, heirs, assigns
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Section 6.04
Notices. Any notice, payment or instrument required or permitted by this Agreement
to be given or delivered to either party shall be deemed to have been received when
personally delivered or seventy-two (72) hours following deposit of the same in any
United States Post Office in California, registered or certified, postage prepaid,
addressed as follows:
Owner:
City:
Carlsbad Village II, LLC
9191 Towne Centre Drive, Suite 180
San Diego, CA 92122
City of Carlsbad
Attn: City Manager
1200 Carlsbad Village Dr
Carlsbad CA 92008
Each party may change its address for delivery of notice by delivering written notice
of such change of address to the other party.
Section 6.05
Successors and Assigns. This Agreement shall be binding upon and inure to the
benefit of the successors and assigns of the parties hereto.
Section 6.06
Governing Law. This Agreement and any dispute arising hereunder shall be governed
by and interpreted in accordance with the laws of the State of California.
Section 6.07
Waiver. Failure by a party to insist upon the stri ct performance of any of the provisions
of this Agreement by any other party, or the failure by a party to exercise its rights
under the default of any other party, shall not constitute a waiver of such party's right
to insist and demand strict compliance by any other party with the terms of this
Agreement thereafter.
Section 6.08
Singular and Plural; Gender. As used herein, the singular of any work includes the
plural, and terms in the masculine gender shall include the feminine.
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Section 6.09
Counterparts. This Agreement may be executed in counterparts , each of which shall
be deemed an original.
Section 6.10
Construction of Agreement. This Agreement has been reviewed by legal counsel for
both the City and the Owner and shall be deemed for all purposes to have been jointly
drafted by the City and the Owner. No presumption or rule that ambiguities shall be
construed against the drafting party shall apply to the interpretation or enforcement of
this Agreement. The language in all parts of this Agreement, in all cases, shall be
construed as a whole and in accordance with its fair meaning and not strictly for or
against any party and consistent with the provisions hereof, in order to achieve the
objectives of the parties hereunder. The captions of the sections and subsections of
this Agreement are for convenience only and shall not be considered or referred to in
resolving questions of construction.
Section 6.11
Recitals; Exhibits. Any recitals set forth above and any attached exhibits are
incorporated by reference into this Agreement.
Section 6.12
Authority of Signatories. Each signatory and party hereto hereby represents and
warrants to the other party that it has legal authority and capacity and direction from
its principal to enter into this Agreement, and that all resolutions and/or other actions
have been taken so as to enable such party to enter into this Agreement.
Section 7. Covenant Running with the Land
The parties hereto intend that the burdens and obligations of the Owner under Section 3
above constitute a covenant running with the land and that such covenant shall be binding
upon all transferees of the Property.
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Page Number: 1
EXHIBIT A
LEGAL DESCRIPTION
Real property in the City of Carlsbad, County of San Diego, State of California, described as follows:
TENTATIVE TRACT NO. (CARLSBAD VILLAGE II), BEING A SUBDIVISION OF THE FOLLOWING :
PARCEL 1: (APN: 203-320-02-00)
THAT PORTION OF TRACT 111 OF CARLSBAD LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 16-6.1, FILED IN THE OFFICE OF
THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 1, 1915, DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE NORTHWESTERLY LINE OF ELM AVENUE, WHICH IS
ALSO THE SOUTHEASTERLY LINE OF SAID TRACT 111, WITH THE WESTERLY LINE OF TRACT NO. 119
OF SAID CARLSBAD LANDS AS SHOWN ON SAID MAP NO. 16-6.1; THENCE SOUTH 55° 27' WEST ALONG
THE SOUTHEASTERLY LINE OF SAID TRACT NO. ill, A DISTANCE OF 1380.91 FEET TO A POINT;
THENCE NORTH 34° 33' WEST, A DISTANCE OF 450.00 FEET TO A POINT IN THE SOUTHEASTERLY
LINE OF THAT CERTAIN TRACT OF LAND CONVEYED TO AUGUSTA ASMUS BY DEED RECORDED JULY
20, 1920 IN BOOK 824, PAGE 17 OF DEEDS, RECORDS OF SAID COUNTY; THENCE SOUTH 55° 27' WEST
ALONG THE SOUTHEASTERLY LINE OF SAID LAND SO CONVEYED TO SAID ASMUS, A DISTANCE OF
56.26 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 55° 27' WEST ALONG
SAID SOUTHEASTERLY LINE OF SAID ASMUS LAND 56.25 FEET; THENCE SOUTH 34° 33' EAST 140
FEET; THENCE NORTH 55° 27' EAST, 56.25 FEET TO INTERSECTION WITH A LINE WHICH BEARS
SOUTH 34° 33' EAST FROM THE POINT OF BEGINNING; THENCE NORTH 34° 33' WEST 140 FEET TO
THE TRUE POINT OF BEGINNING.
PARCEL 2: (APN: 203-320-20-00)
ALL THAT PORTION OF TRACT 1.1Z OF CARLSBAD LANDS, IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO. 16-6.1, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, MARCH 1, 1915, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE CENTER LINE OF GRAND AVENUE WITH THE
SOUTHWESTERLY BOUNDARY OF TRACT ill, AS SHOWN ON SAID MAP, SAID POINT BEING ALSO AN
ANGLE POINT IN THE SOUTHEASTERLY LINE OF THE LAND CONVEYED BY SOUTH COAST LAND
COMPANY, A CORPORATION TO AUGUSTA ASMUS, BY DEED DATED APRIL 13, 1920 AND RECORDED IN
BOOK 824.,.J>AGE-1.Z OF DEEDS; THENCE SOUTH 34° 33' EAST ALONG THE SOUTHWESTERLY LINE OF
SAID TRACT 111, DISTANCE OF 140 FEET; THENCE NORTH 55° 27' EAST 50 FEET; THENCE NORTH 34°
33' WEST 140 FEET TO INTERSECTION WITH THE SOUTHEASTERLY LINE OF SAID LAND CONVEYED TO
ASMUS ABOVE REFERRED TO; THENCE SOUTH 55° 27' WEST ALONG SAID LINE 50 FEET TO THE POINT
OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION OF TRACT 1.1Z DESCRIBED AS FOLLOWS:
BEGINNING AT INTERSECTION OF THE CENTERLINE OF GRAND AVENUE WITH THE SOUTHWESTERLY
BOUNDARY OF TRACT 111, AS SHOWN ON SAID MAP NO. 1161; THENCE SOUTH 34° 33' EAST 15.00
FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 34° 33' EAST 3.21 FEET TO A
POINT ON THE ARC OF A CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 5.50 FEET;
THENCE NORTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 65° 22' 48" FEET, AN
ARC DISTANCE OF 6.28 FEET; THENCE SOUTH 55° 27' WEST 5.00 FEET TO THE TRUE POINT OF
BEGINNING AS GRANTED TO THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION, BY DEED
RECORDED MAY 23, 1967 AS FILE NO. Z28.88 OF OFFICIAL RECORDS.
Page Number: 2
PARCEL 3: (APN: 203-320-40-00 AND 203-320-41-00)
PARCELS 1 AND 2 OF PARCEL MAP 2868 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 22,
1974.
EXCEPTING THEREFROM ALL THAT PORTION OF PARCEL 1 AND 2 OF PARCEL MAP 2868 THAT WAS
GRANTED TO THE CITY OF CARLSBAD BY FINAL ORDER OF CONDEMNATION RECORDED JUNE 2, 1994,
AS INSTRUMENT NO. 1994-0376671 OF OFFICIAL RECORDS.
PARCEL 4: (APN: 203-320-48-00 AND 203-320-51-00)
A NON-EXCLUSIVE EASEMENT FOR INGRESS-EGRESS AND DRIVEWAY PURPOSES OVER THAT PORTION
OF TRACT NO. 117 OF CARLSBAD LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, ACCORDING TO MAP NO. 1661, FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY, MARCH 01, 1915, DESCRIBED AS FOLLOWS:
BEGINNING AT THE POINT OF INTERSECTION OF THE NORTHWESTERLY LINE OF ELM AVENUE, WHICH
IS ALSO THE SOUTHEASTERLY LINE OF SAID TRACT 117 WITH THE WESTERLY BOUNDARY LINE OF
TRACT NO. 119 OF SAID CARLSBAD LANDS, AS SHOWN ON SAID MAP; THENCE SOUTH 55°27' WEST
ALONG THE SOUTHEASTERLY LINE OF SAID TRACT 117 A DISTANCE OF 1330.91 FEET TO THE
SOUTHEASTERLY CORNER OF A RECTANGLE PARCEL KNOWN AS PARCEL #5; THENCE CONTINUING
ALONG THE NORTHWESTERLY LINE OF SAID ELM STREET SOUTH 55°27' WEST A DISTANCE OF 7.0
FEET TO THE NORTHEASTERLY LINE OF A PAVED DRIVEWAY; THENCE ALONG SAID LINE NORTH
34°33' WEST, A DISTANCE OF 2.31 FEET TO THE TRUE POINT OF BEGINNING; SAID POINT BEING ON
THE PROPOSED NORTHWESTERLY RIGHT-OF-WAY LINE OF CARLSBAD VILLAGE DRIVE, (PREVIOUSLY
KNOWN AS ELM AVENUE), AS SAID LAST MENTIONED LINE IS REFERRED TO IN VARIOUS PLANS AND
DOCUMENTS RELATING TO THAT CERTAIN CITY PROJECT KNOWN AS STREETSCAPE PHASE V;
THENCE, CONTINUING NORTH 34°33' WEST, A DISTANCE OF 96 FEET TO A POINT; THENCE SOUTH
55°27' WEST A DISTANCE OF 43 FEET TO THE NORTHEASTERLY LINE OF PARCEL NO. 2 OF PARCEL
MAP NO. 2868, FILED IN THE OFFICE OF THE COUNTY RECORDER; THENCE ALONG SAID LINE SOUTH
34°33' EAST, A DISTANCE OF APPROXIMATELY 96 FEET TO A POINT ON THE PROPOSED RIGHT-OF-
WAY LINE OF CARLSBAD VILLAGE DRIVE; THENCE ALONG SAID LINE NORTH 55°27' EAST, A DISTANCE
OF 43 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL 5:
PARCEL B OF PARCEL MAP NO. 21619, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, FILED IN THE COUNTY RECORDER OF SAN DIEGO COUNTY ON SEPTEMBER 12, 2018 AS
FILE NO. 2018-7000347 OF OFFICIAL RECORDS.
SAID PARCEL B BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE CENTERLINE OF HOPE AVENUE AND GRAND AVENUE, SAID POINT BEING
MARKED WITH A SPIKE WITH PUNCH AS SHOW ON THAT CERTAIN RECORD OF SURVEY, 22249,
RECORDED JANUARY 2016 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY;
THENCE, LEAVING SAID POINT RUNNING ALONG THE CENTERLINE OF GRAND AVENUE NORTH
55°26'30" EAST A DISTANCE OF 353.76 FEET TO A POINT, SAID POINT BEING THE NORTH EAST
CORNER OF PARCEL B, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING;
Page Number: 3
THENCE, LEAVING SAID POINT SOUTH 34°31'03" EAST A DISTANCE OF 209.99 FEET TO THE
BEGINNING OF A TANGENT CURVE;
THENCE, ALONG A TANGENT CURVE BEING CONCAVE WESTERLY HAVING A RADIUS OF 60.00 FEET,
RUNNING SOUTHERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 47.12 FEET, HAVING A
CENTRAL ANGEL OF 45°00'00", TO THE BEGINNING OF A TANGENT LINE;
THENCE, SOUTH 10°28'57" WEST A DISTANCE OF 137.60 FEET TO THE BEGINNING OF A TANGENT
CURVE;
THENCE, ALONG A TANGENT CURVE BEING CONCAVE EASTERLY HAVING A RADIUS OF 55 .00 FEET,
RUNNING SOUTHERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 43.20 FEET,
HAVING A CENTRAL ANGEL OF 45°00'00", TO THE BEGINNING OF A TANGENT LINE;
THENCE, SOUTH 34°31'03" EAST A DISTANCE OF 61.92 FEET TO A POINT ON THE NORTHERLY LINE OF
CARLSBAD VILLAGE DRIVE, AS SHOWN ON THAT CERTAIN PARCEL MAP 21619,
RECORDED SEPTEMBER 12, 2018, SAID POINT BEING DISTANCE THEREFROM SOUTH 55°26'50" WEST
A DISTANCE OF 220.26 FEET FROM THE INTERSECTION OF THE EAST LINE OF PARCEL
'A' OF SAID PARCEL MAP AND THE NORTHERLY LINE OF CARLSBAD VILLAGE DRIVE;
THENCE, RUNNING WESTERLY ALONG THE NORTHERLY LINE OF CARLSBAD VILLAGE DRIVE SOUTH
55°26'50" WEST A DISTANCE OF 35.00 FEET TO A POINT;
THENCE, LEAVING THE NORTHERLY LINE OF CARLSBAD VILLAGE DRIVE RUNNING ALONG THE
WESTERLY LINE OF SAID PARCEL 'B' NORTH 34°31'03" WEST A DISTANCE OF 310.01 FEET TO
AN ANGLE POINT;
THENCE, SOUTH 55°34'59" WEST A DISTANCE OF 56.29 FEET TO AN ANGLE POINT;
THENCE, NORTH 34°29'33" WEST A DISTANCE OF 140.28 FEET TO A POINT ON THE CENTER LINE OF
GRAND AVENUE, SAID POINT BEING DISTANCE THEREFROM NORTH 55°26'30" EAST A
DISTANCE OF 131.55 FEET THE INTERSECTION OF THE CENTER LINE OF HOPE AVENUE AND GRAND
AVENUE, SAID POINT ALSO BEING THE NORTHWESTERLY CORNER OF SAID PARCEL 'B';
THENCE, RUNNING ALONG THE CENTER LINE OF GRAND AVENUE NORTH 55°26'30" EAST A DISTANCE
OF 222.21 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL 6:
A 24' WIDE EASEMENT FOR PEDESTRIAN AND VEHICULAR ACCESS AND INGRESS AND EGRESS FOR
THE BENEFIT OF PARCEL B OF PARCEL MAP NO. 21619, IN THE CITY OF CARLSBAD, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, FILED IN THE COUNTY RECORDER OF SAN DIEGO COUNTY ON
SEPTEMBER 12, 2018 AS FILE NO. 2018-7000347 OF OFFICIAL RECORDS.
SAID EASEMENT IS OVER A PORTION OF PARCEL A OF PARCEL MAP 21619 AND IS FULLY SET FORTH
AND SUBJECT TO THE TERMS AND PROVISIONS CONTAINED IN THAT CERTAIN RECIPROCAL
ROADWAY GRANT OF EASEMENT AND EASEMENT AGREEMENT RECORDED SEPTEMBER 14, 2018 AS
INSTRUMENT NO. 2018-0384167 OF OFFICIAL RECORDS.
PARCEL 7:
AN EASEMENT FOR VEHICULAR PARKING AND RELATED INGRESS AND EGRESS PURPOSES FOR THE
BENEFIT OF PARCEL B OF PARCEL MAP NO. 21619, IN THE CITY OF CARLSBAD, COUNTY OF SAN
Page Number: 4
DIEGO, STATE OF CALIFORNIA, FILED IN THE COUNTY RECORDER OF SAN DIEGO COUNTY ON
SEPTEMBER 12, 2018 AS FILE NO. 2018-7000347 OF OFFICIAL RECORDS. SAID EASEMENT IS OVER A
PORTION OF PARCEL A OF PARCEL MAP 21619 AND IS FULLY SET FORTH AND SUBJECT TO THE TERMS
AND PROVISIONS CONTAINED IN THAT CERTAIN PARKING EASEMENT AGREEMENT [11 PERMANENT
PARKING SPACES] RECORDED SEPTEMBER 14, 2018 AS INSTRUMENT NO. 2018-0384168 OF OFFICIAL
RECORDS.
PARCEL 8:
AN EASEMENT FOR VEHICULAR PARKING AND RELATED INGRESS AND EGRESS PURPOSES FOR THE
BENEFIT OF PARCEL B OF PARCEL MAP NO. 21619, IN THE CITY OF CARLSBAD, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, FILED IN THE COUNTY RECORDER OF SAN DIEGO COUNTY ON
SEPTEMBER 12, 2018 AS FILE NO. 2018-7000347 OF OFFICIAL RECORDS.
SAID EASEMENT IS OVER A PORTION OF PARCEL A OF PARCEL MAP 21619 AND IS FULLY SET FORTH
AND SUBJECT TO THE TERMS AND PROVISIONS CONTAINED IN THAT CERTAIN PARKING EASEMENT
AGREEMENT (4 SPACES) RECORDED SEPTEMBER 17, 2018 AS INSTRUMENT NO. 2018-0384405 OF
OFFICIAL RECORDS.
PARCEL 9:
AN EASEMENT FOR THE PLACEMENT, OPERATION, ILLUMINATION AND USE OF EXISTING MONUMENT
SIGNAGE FOR THE BENEFIT OF PARCEL B OF PARCEL MAP NO. 21619, IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE COUNTY RECORDER OF SAN DIEGO
COUNTY ON SEPTEMBER 12, 2018 AS FILE NO. 2018-7000347 OF OFFICIAL RECORDS. SAID EASEMENT
IS OVER A PORTION OF PARCEL A OF PARCEL MAP 21619 AND IS FULLY SET FORTH AND SUBJECT TO
THE TERMS AND PROVISIONS CONTAINED IN THAT CERTAIN SIGN EASEMENT AGREEMENT RECORDED
SEPTEMBER 17, 2018 AS INSTRUMENT NO. 2018-0384406 OF OFFICIAL RECORDS.
PARCEL 10:
AN EASEMENT FOR THE USE, REPAIR AND MAINTENANCE OF SANITARY SEWER PURPOSES FOR THE
BENEFIT OF PARCEL B OF PARCEL MAP NO. 21619, IN THE CITY OF CARLSBAD, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, FILED IN THE COUNTY RECORDER OF SAN DIEGO COUNTY ON
SEPTEMBER 12, 2018 AS FILE NO. 2018-7000347 OF OFFICIAL RECORDS. SAID EASEMENT IS OVER A
PORTION OF PARCEL A OF PARCEL MAP 21619 AND IS FULLY SET FORTH AND SUBJECT TO THE TERMS
AND PROVISIONS CONTAINED IN THAT CERTAIN UTILITY EASEMENT AGREEMENT (FOR BENEFIT OF
MOTEL 6 JV OWNERS) (SANITARY SEWER] RECORDED SEPTEMBER 14, 2018 AS INSTRUMENT NO.
2018-0384169 OF OFFICIAL RECORDS.
PARCEL 11:
AN EASEMENT FOR DRAINAGE, FOR THE BENEFIT OF PARCEL B OF PARCEL MAP NO. 21619, IN THE
CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE COUNTY
RECORDER OF SAN DIEGO COUNTY ON SEPTEMBER 12, 2018 AS FILE NO. 2018-7000347 OF OFFICIAL
RECORDS. SAID EASEMENT IS OVER A PORTION OF PARCEL A OF PARCEL MAP 21619 AND IS FULLY
SET FORTH AND SUBJECT TO THE TERMS AND PROVISIONS CONTAINED IN THAT CERTAIN DRAINAGE
EASEMENT AGREEMENT (FOR THE BENEFIT OF MOTEL 6 JV OWNERS) RECORDED SEPTEMBER 14, 2018
AS INSTRUMENT NO. 2018-0384170 OF OFFICIAL RECORDS .
Page Number: 5
APN: 203-320-02-00; 203-320-20-00; 203-320-40-00; 203-320-41-00; 203-320-48-00; 203-320-51-00
(referenced for informational purposes only)
EXHIBIT B
DESCRIPTION OF THE IMPROVEMENTS
Along the property frontage described in Exhibit A, relocate underground
approximately 328 linear feet of overhead utilities fronting Grand Avenue and
approximately 355 linear feet of overhead utilities fronting Hope Avenue alley.
11
Permit#:
Date:
Entered By:
PAVING
BASE
SIDEWALK
CURB & GUTTER
PAVEMENT PREP.
CLEAR & GRUB
UNDERGROUND UTL. Q
SEWER 0
WATER □
FIRE HYDRANT 17
STREET LIGHT 17
DRIVEWAY AP ROACH
SUBTOTAL
DESIGN (15%)
CONTINGENCY (20%)
ASSESS. DISTRICT COST
PLAN CHECK
INSPECTION
TOTAL
I
I
I
EXHIBIT C
NIA CALCULATION SHEET
ROW2023-0851 I Frontage:(LF) I 683
August 22 , 20241 Drive Way Wldth:(LF) I
D.RICKI Sidewalk Width:(LF) I
Quantitv Cost
SF $0
SF $0
0 SF $0
LF $0
0 SF $0
SF $0
683 LF $102,450
LF $0
LF $0
EA $0
EA $0
0 SF $0
$102,450
$15,368
$20,490
$2,500
$2,459
$1 ,229
$144,496