The URL can be used to link to this page

Home My WebLink AboutEIA 92-11; ARROYO LA COSTA; Environmental Impact Report (EIR)CITY OF cARLSBAD 1200 CARLSBAL L.LAGE DRIVE CARLSBAD, (.FORNIA 92008 43-5621 REC'D FRO \( LJ \ DATE ACCOUNT NO. DESCRIPTION AMOUNT , 0099 11/13/9r, 0001 01 02 CPMT 4o.00 RECEIPT NO 16956 TOTAL 1 r A 4F 40 7-.Z?-'?/ CITY OF CARLSBAD COASTAL SAGE SCRUB CONSERVATION PROGRAM DEPARTMENT OF FISH AND GAME AND FIELDSTONE/LA COSTA ASSOCIATES LIMITED PARTNERSHIP L'Lfir.. tWJttiCe (I)V.It 1 iV, I j This Agreement ("Agreement") is made and entered into as of February 2- , 1992, (the "Effective Date") by and between Fieldstone/La Costa Associates F Limited Partnership, a California limited partnership (hereinafter referred to as the "Company"), and the California Department of Fish and Game (hereinafter referred to as the "Department"). This Agreement is based on the following facts: WHEREAS, pursuant to Section 1802 of the California Fish and Game Code, the Department has jurisdiction over the conservation and protection of fish, wildlife and native plants, and holds those resources in trust for the people of California; WHEREAS, the Company, the Department and the City of Carlsbad (the "City") have agreed to cooperate in a program for the preparation of a habitat conservation plan for the conservation of diegan coastal sage scrub habitat ("Carlsbad HCP Program") in a Memorandum of Understanding dated August 2, 1991 ("MOU"); WHEREAS, pursuant to Section 3 of Chapter 765 of the Statutes of 1991, actions undertaken pursuant to this Agreement are exempt from the Natural Community Conservation Planning Act, as provided in the statute; WHEREAS, one or more of the species generally known to inhabit diegan coastal sage scrub habitat ("Species of Concern"), including but not limited to the California gnatcatcher (polioptila californica) ("gnatcatcher"), may be listed as an "endangered," "threatened" or "candidate" species under the California Endangered Species Act (California Fish and Game Code §§ 2000 et seg. ("CESA"); WHEREAS, on July 7, 1990, based upon biological and natural resources data available at that time, the City certified an environmental impact report for the Company's proposed 670-acre residential development known as Arroyo La Costa (the "Project") located on the lands within the City described in Exhibit "1" attached hereto (the "Project Site"); dfg92.A (Feb 27, 7992) 1 - 0 O WHEREAS, the City approved and the Company is in the process of developing the Project as a part of the 2200 acre residential and commercial development In the City known as the Villages of La Costa; WHEREAS, the Company intends to undertake additional mitigation measures described below to further lessen the identified impacts of the Project, including the provision of partial funding for the programs described below; and WHEREAS, the Company desires to obtain assurances as to the effect on the Project of the listing of the gnatcatcher or other Species of Concern as "candidate", "threatened" or "endangered" species under CESA; WHEREAS, the Director of the Department endorsed an Agreement on January 28, 1992, pertaining to this subject matter and the parties now wish to supersede their prior Agreement. NOW, THEREFORE, the parties hereto agree as follows: 1. PRIOR AGREEMENT The Agreement endorsed by the Department on January 28, 1992, pertaining to this subject matter is null and void. 2. COVENANTS OF THE COMPANY The following are covenants of the Company: a. Within twelve months from the Effective Date of this Agreement, the Company shall acquire and convey to the Department or its designee offsite replacement habitat ("Habitat Management Land") in the amount of 26 acres, or convey to the Department or its designee a conservation easement, substantially in the form described in Exhibit "3", over that certain parcel of land, comprising approximately 26 acres described in Exhibit "4", for the conservation of coastal sage scrub habitat for the gnatcatcher and other Species of Concern residing in coastal sage habitat. Such Habitat Management Lands shall be conveyed to the Department or its designee for management and preservation of the gnatcatcher and their related ecological communities. In the event the Company chooses to convey a conservation easement as described in this paragraph, such transaction is subject to the subsequent approval of the Department. b. Within 60 days of the Effective Date of this Agreement the Company will transfer to the Department an endowment of $26,000 ($1000/acre), the income from which will be available for operation and maintenance of the Habitat Management Lands conveyed to the Department or its designee pursuant to df992. G4 (Feb 27, 1992) - 2 - Section La. above. The Department will deposit such endowment funds In a special deposit account established pursuant to Government Code Section 16370. c. Within six months from the Effective Date of this Agreement, the Company will contribute the following amounts to the agencies and organizations set forth below: i. $25,000 to the City of Carlsbad to partially fund the Carlsbad HCP Program; ii. $5,000 to the California Resources Agency or the Department, for the Natural Community Conservation Program effort; iii. $5,000 to the San Diegito River Valley Regional Park Agency for strategic conservation planning; and iv. $10,000 to the San Diego Zoological Society or another organization, which organization is approved by the Department for coastal sage scrub revegetation studies and research. d. The Company will forthwith upon the Effective Date of this Agreement post security for the performance of the covenants set forth in Sections l.a., Lb. and l.c. above, in the amount of $200,000, by causing to be issued to the Department an irrevocable letter of credit in a form substantially similar to Exhibit" 5", and attachments "A" and "B" thereto. The letter of credit shall be reduced from $200,000 by partial cancellation in increments equivalent to the amount of money paid pursuant to Sections 1.b. and 1.c. above at the time that such sums are paid according to the terms of those sections. The letter of credit shall be canceled entirely when the Company fulfills its obligations set forth In this Agreement. Cancellation of the letter of credit in part or in whole shall be accomplished according to the terms of the Certificate of Cancellation, substantially as set forth In attachment "B" to Exhibit "5" hereto. - e. In the event that the Company or its successors, assignees, and/or agents do not choose to exercise any rights or entitlements to grade or disturb the Project Site, all Habitat Management Lands conveyed to the Department pursuant to Section l.a. above, all associated endowment funding transferred to the Department pursuant to Section i.b. above and the sums contributed pursuant to Section ic. above shall be a mitigation credit in favor of the Company and available for use in mitigating other projects that impact coastal sage scrub habitat. Such credits are freely transferrable at the discretion of the Company. df992.iG4 (Feb 27.- 1992) 3 - () 3. DEPARTMENT FINDINGS AND DETERMINATIONS The Department has determined and agreed that: a. the Company is authorized to take the habitat and wildlife located on the Project Site pursuant to California Fish and Game Code Sections 2000 and 3007. b. in the event that the Fish and Game Commission of the State of California lists the gnatcatcher or other Species of Concern known to inhabit diegan coastal sage scrub habitat as "endangered", "threatened" or as a "candidate" under CESA, the Department shall forthwith issue to the Company a permit to take the listed species and its habitat on and within the Project Site pursuant to Section 2081 of the Fish and Game Code. Absent changed biological conditions, the permit shall be substantially as that shown in the attached Exhibit "2". 4. COVENANTS OF DEPARTMENT The Department covenants that in exercising its discretion with respect to changed biological conditions under Section 2.b. above, the Department shall use its best efforts to act consistently with and carry out the intent of this Agreement. In this regard the parties shall be governed by the covenant of good faith and fair dealing. 5. MISCELLANEOUS PROVISIONS a. REMEDIES In the event of any breach in the provisions of this Agreement, the parties hereto may pursue all legal and equitable remedies available to them. b. GOVERNING LAW This Agreement shall be governed by the laws of the State of California. C. FURTHER ACTIONS AND AMENDMENT From time to time hereafter, the Company and the Department shall execute such instruments and other documents and take such other actions, upon the request of the other, as may be necessary to carry out the Intent of this Agreement. This Agreement shall be amended or modified only by a written Instrument duly executed by the Company and the Department. df992.,G4 (Feb 27, 1992) 0 d. EFFECTIVE DATE This Agreement shall be effective upon execution by both the Company and the Department. e. SUCCESSORS AND ASSIGNS This Agreement shall inure to the benefit of and bind the parties hereto and their successors and assigns. This Agreement Includes and Incorporates the Following: 1. EXHIBIT 1: Description of Project Site. 2. EXHIBIT 2: Form of California Endangered Species Act Management Permit. 3. EXHIBIT 3: Conservation Easement Form 4. EXHIBIT 4: Description of that certain parcel of land over which a conservation easement will be conveyed. 5. EXHIBIT 5. Form of Irrevocable "Standby" Letter of Credit. a. Attachment A to Exhibit 5, the Certificate for Drawing. b. Attachment B to Exhibit 5, the Certificate for Cancellation. dfg92. PC4 (Feb 27, 1992) .5.. 0 4,. •1 t I If IN WITNESS WHEREOF, the parties execute this Agreement as of the day of 1992. DEPARTMENT OF FISH AND GAME OF THE STATE OF CALIFORNIA 1416 Ninth Street Sacramento, California 95814 By: e"') a. yd G us, Director D of California Department of Fish and Game Date:._____________ FIELDSTONE/LA COSTA ASSOCIATES LIMITED PARTNERSHIP, A CALIFORNIA LIMITED PARTNERSHIP, By: The Fieldstone Company, a California Corporation General c - By: Date: Approved as to form: Eugene V. Toffoli, Legal Ad*lsor California Department of Fish and Game dFg92. 1G4 (Feb 27, 7992) (too 40 EXHIBIT 1 (9 - EGADESCRIPTION - FOR CERTIFICATE OF COMPLIANCE PARCELS 1-4 - MS 862 A PORTION OF THE SOUTH HALF OF SECTION 36, TOWNSHIP 12 SOUTH-, RANGE 4 WEST, SAN BERNARDINO MERIDIAN,- PORTIONS OF FRACTIONAL SECTIONS 1 AND 2, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, TOGETHER WITH PORTIONS OF LOT 1, 2, 3, 4, 9, 10 AND 11 OF RANCHO LAS ENCINITAS, ACCORDING TO MAP THEREOF NO. 848, AND LOT 13 OF.LA COSTA CANADA ACCORDING TO MAP THEREOF NO. 7205 ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO, ALL IN THE CITY OF CARLSBAD, COUNTY OF. SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL 1 BEGINNING AT THE NORTHWEST CORNER OF CARLSBAD TRACT NO. 73-18, UNIT NO. 3, ACCORDING TO MAP THEREOF NO. 8258, ON FILE IN THE OFFICE OF SAID COUNTY RECORDER; THENCE ALONG THE WESTERLY BOUNDARY OF SAID MAP AND THE SOUTHERLY PROLONGATION THEREOF 1. SOUTH 02 0 55 1 51" EAST 2,081.24 FEET MORE OR LESS TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF OLIVEN- HAIN ROAD, A 60.00 FOOT WIDE ROAD EASEMENT PER DOCUMENT RECORDED AUGUST 25, 1961 AS DOCUMENT NO. 149167 OF OFFICIAL RECORDS, ON FILE IN THE OFFICE OF SAID COUNTY RE- CORDER AND AS SHOWN ON MAP NO. 8145 ON FILE IN THE OFFICE OF SAID COUN- TY REORDER; THENCE ALONG SAID RIGHT-OF-WAY 2. SOUTH.89 0 17 1 01" WEST. 116.95 FEET; THENCE 3. NORTH 87°55 1 20" WEST 587.29 FEET TO THE BEGINNING OF A 772.00 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE ALONG THE ARC OF SAID Ct3RV 4. WESTERLY . 20.77 FEET THROUGH A CENTRAL ANGLE OF 01 0 32 1 30" MORE OR LESS TO A POINT ON THE WESTERLY BOUNDARY OF LOT 2. OF SAID MAP NO. 848; THENCE ALONG SAID BOUNDARY I I 5. NORTH 20 0 02 1 35" WEST 6. SOUTH 89 0 16'23" WEST 7. NORTHERLY Go EXHIBIT 'A', PAGE 2 603.51 FEET MORE OR LESS TO AN ANGLE POINT IN THE WESTERLY BOUNDARY OF RECORD OF SURVEY NO. 7624 ON FILE IN THE OFFICE OF SAID COUNTY RECORDER, WHICH POINT LIES NORTH 89 0 16'23" EAST 398.31 FEET FROM THE EASTERLY RIGHT-OF-WAY OF EL CANINO REAL AS SHOWN ON SAID RECORD OF SURVEY; THENCE ALONG THE BOUNDARY OF SAID RECORD OF SURVEY 398.31 FEET MORE OR LESS TO A POINT ON THE EASTERLY RIGHT-OF-WAY OF EL CAMINO REAL, A 90.00 FOOT WIDE ROAD EASE- MENT PER DOCUMENT RECORDED NOVEM- BER 28, 1969 AS DOCUMENT NO. 217326 OF OFFICIAL RECORDS, FILED IN THE OFFICE OF SAID COUNTY RECORDER, BEING ALSO A POINT ON THE ARC OF A NON-TANGENT 9,045.00 FOOT CURVE. CONCAVE WESTERLY; THENCE ALONG THE ARC OF SAID CURVE AND RIGHT-OF-WAY 477.02 FEET THROUGH A CENTRAL ANGLE OF 03 0 01 1 18" THENCE CONTINUING ALONG SAID RIGHT-OF-WAY 8. NORTH 03 0 44 1 55" WEST 1,061.59 FEET TO THE BEGINNING OF A 2,045.00 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE ALONG THE ARC OF SAID CURVE AND RIGHT-OF-WAY 9. NORTHERLY 158.64 FEET THROUGH A CENTRAL ANGLE OF 04 0 26 1 41"; THENCE LEAVING SAID RIGHT-OF-WAY 10. NORTH 83 0 53 1 56" EAST 554.14 FEET TO THE BEGINNING OF A 893.00 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE ALONG THE ARC OF SAID CURVE 11. EASTERLY 98.09 FEET THROUGH A CENTRAL ANGLE OF 06 0 17 1 36" TO THE BEGINNING OF A NON-TANGENT 25.00 FOOT RADIUS COM- POUND CURVE CONCAVE WESTERLY A RADIAL FROM SAID POINT BEARS NORTH 12 0 23 1 40" WEST; THENCE ALONG THE ARC OF SAID CURVE 12. NORTHERLY 9.29 FEET THROUGH A CENTRAL ANGLE OF 21 0 17 1 33"; THENCE 13. NORTH 71 0 19 1 32" EAST 68.91 FEET TO THE BEGINNING OFA NON-TANGENT 25.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, A RADIAL FROM SAID 19. NORTH 79 0 57 1 17" EAST 20. NORTH 75°00 1 48" EAST 21. SOUTH 68°21 1 23" EAST 22. NORTH 88 0 10'09" EAST 23. NORTH 31°29'55" EAST 24. SOUTH 73 0 05 1 27" EAST EXHIBIT 'A', PAGE 3 14. SOUTHEASTERLY 15. SOUTH 05 0 21'03" EAST 16. SOUTHWESTERLY 17. SOUTH 14 0 22 1 17" EAST 18. SOUTHERLY 25. SOUTH 87 0 30 1 15' WEST POINT BEARS NORTH 80 0 37 1 43" EAST; THENCE ALONG THE ARC OF SAID CURVE 43.30 FEET THROUGH A CENTRAL ANGLE OF 99 0 14 1 28"; THENCE 86.10 FEET TO THE BEGINNING OF A NON-TANGENT 25.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A RADIAL FROM SAID POINT BEARS SOUTH 17 0 28 1 18" EAST; THENCE ALONG THE ARC OF SAID CURVE .37.92 FEET THROUGH A CENTRAL ANGLE OF 86 0 53 1 59"; THENCE 33.48 FEET TO THE BEGINNING OF A 360.00 FOOT RADIUS . CURVE CONCAVE WESTERLY; THENCE ALONG THE ARC OF SAID CURVE 173.32 FEET THROUGH A CENTRAL ANGLE OF 27 0 35 1 06"; THENCE NON-TANGENT TO SAID CURVE. 407.74 FEET; THENCE 168.50 FEET; THENCE 77.35 FEET; THENCE - 50.77 FEET; THENCE 70.96 FEET; THENCE 320.00 FEET MORE OR LESS TO A POINT ON THE NORTHERLY BOUNDARY OF SAID MAP NO. 8258; THENCE ALONG SAID BOUNDARY 450.00 FEET TO THE POINT OF BEGINNING. CONTAINS 61.29 ACRES MORE OR LESS. PARCEL 2 BEGINNING AT THE NORTHWEST CORNER OF SAID NAP NO. 8258; THENCE ALONG SAID BOUNDARY 1. NORTH 87 0 30 1 15" EAST 450.00 FEET TO THE TRUE POINT -OF BEGINNING; THENCE LEAVING SAID BOUNDARY 2. NORTH 73°05'27" WEST 320.00 FEET; THENCE 3. SOUTH 31 0 29'55" WEST 70.96 FEET; THENCE 4. SOUTH 88 0 10 1 09" WEST 50.77 FEET; THENCE EXHIBIT 'A', PAGE 4 5. NORTH 68°21'23" WEST 77.35. FEET; THENCE 6. SOUTH 75 0 00 1 48" WEST 168.50 FEET; THENCE 7. SOUTH 79 0 57 1 17" WEST 407.74 FEET TO A POINT ON THE ARC OF A NON- TANGENT 360.00 FOOT RADIUS CURVE • CONCAVE WESTERLY, A RADIAL FROM SAID POINT BEARS NORTH 76 0 47 1 11" WEST; THENCE ALONG THE ARC OF SAID • CURVE 8. NORTHERLY • 173.32 FEET THROUGH A CENTRAL ANGLE OF 27 0 35 1 06"; THENCE 9. NORTH 14 0 22 1 17" WEST 33.48 FEET TO THE BEGINNING OF A 25.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE ALONG THE ARC OF SAID CURVE 10. NORTHEASTERLY 37.92 FEET THROUGH A CENTRAL ANGLE OF 86 0 53 1 59 11 ; THENCE 11. NORTH 05 0 21 1 03" WEST 86.10 FEET TO THE BEGINNING OF A NON-TANGENT 25.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, A RADIAL FROM SAID POINT BEARS NORTH 18 0 36 1 45" WEST; THENCE ALONG THE ARC OF SAID CURVE 12. NORTHWESTERLY 43.30 FEET THROUGH. A CENTRAL ANGLE OF 99 0 14 1 28" THENCE 13. SOUTH 71 0 19 1 32" WEST 68.91 FEET TO THE BEGINNING OF A NON-TANGENT 25.00 FOOT RADIUS CURVE CONCAVE WESTERLY, A RADIAL FROM SAID POINT BEARS SOUTH 80 0 37 1 43" WEST; THENCE ALONG THE ARC OF SAID CURVE 14. SOUTHERLY 9.29 FEET THROUGH A CENTRAL ANGLE OF 21 0 17 1 33" TO THE BEGINNING OF A 893.00 FOOT RADIUS NON-TANGENT COMPOUND CURVE CONCAVE NORTHERLY; THENCE ALONG THE ARC OF SAID CURVE 15. WESTERLY 98.09 FEET THROUGH A CENTRAL ANGLE OF 06 0 17 1 36"; THENCE 16. SOUTH 83 0 53 1 56" WEST 554.14 FEET MORE OR LESS TO A POINT ON THE EASTERLY RIGHT-OF-WAY OF SAID EL CAMINO REAL, BEING A POINT ON THE • ARC OF A NON-TANGENT 2,045.00 FOOT RADIUS CURVE CONCAVE WESTERLY, A RADIAL FROM SAID POINT BEARS SOUTH 81 0 48 1 24" WEST; THENCE ALONG THE ARC OF SAID CURVE AND RIGHT-OF-WAY la I. EXHIBIT 'A', PAGE 5 17. NORTHERLY 18. NORTH 36 0 15 1 51" WEST 19. NORTHERLY 1,001.90 FEET THROUGH A CENTRAL ANGLE OF 28 0 04 1 15"; THENCE CONTINUING ALONG SAID RIGHT—OF—WAY 291.95 FEET TO THE BEGINNING OF A 1,970.00 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE ALONG THE ARC OF SAID CURVE AND RIGHT—OF—WAY 753.77 FEET THROUGH A CENTRAL ANGLE OF 21 0 55 1 22" MORE OR LESS TO THE SOUT- HWEST CORNER OF CARLSBAD TRACT NO. 75-7, ACCORDING TO MAP THEREOF NO. 8379, ON FILE IN THE OFFICE OF SAID COUNTY RECORDER; THENCE LEAVING SAID RIGHT—OF—WAY ALONG THE SOUTH- ERLY BOUNDARY OF SAID MAP 20. NORTH 75°38'38" EAST 18.00 FEET THE BEGINNING OF' A NON—TANGENT 25.00 FOOT .RADIUS CURVE CONCAVE SOUTHEASTERLY, A RADIAL FROM SAID POINT BEARS NORTH 75 0 38 1 38" EAST; THENCE ALONG THE ARC OF SAID CURVE, AND BOUNDARY 21. NORTHEASTERLY AND 40.15 FEET THROUGH A CENTRAL ANGLE OF EASTERLY 92 0 00 1 22"; THENCE CONTINUING ALONG SAID BOUNDARY 22. NORTH 77 0 39'00" EAST 493.82 FEET TO THE BEGINNING OF A .642.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE ALONG THE ARC OF SAID CURVE 23. NORTHEASTERLY 504.89 FEET THROUGH A CENTRAL ANGLE OF 45 0 0333 11 TO THE BEGINNING OF A 200.00 FOOT RADIUS REVERSE CURVE CONCAVE SOUTHERLY; THENCE ALONG THE ARC OF SAID. CURVE 24. EASTERLY 25. EASTERLY 26. NORTH 56 0 29 1 30" EAST 204.79 FEET THROUGH A CENTRAL ANGLE OF 58 0 40'01" TO THE BEGINNING OF A 330.00 FOOT RADIUS REVERSE CURVE CONCAVE NORTHERLY; THENCE ALONG THE ARC OF SAID CURVE 200.24 FEET THROUGH A CENTRAL ANGLE OF 34 0 45 1 58"; THENCE 95.19 FEET TO THE BEGINNING OF A 470.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE ALONG THE ARC OF SAID CURVE 27. EASTERLY 201.50 FEET THROUGH A CENTRAL ANGLE OF 24 0 33 1 50"; THENCE - **EXHIBIT 'A', PAGE 6 28. NORTH 81 0 03 1 20" EAST 379.30 FEET TO THE BEGINNING OF A 1,470.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE ALONG THE ARC OF SAID CURVE 29. EASTERLY 94.93 FEET THROUGH A CENTRAL ANGLE OF 03 0 42 1 00"; THENCE 30. NORTH 84 0 45 1 20" EAST 20.00 FEET MORE OR LESS TO THE HOST SOUTHERLY CORNER OF CARLSBAD TRACT NO. 72-24 ACCORDING TO MAP NO. 7895 ON FILE IN THE OFFICE OF SAID COUNTY RE- CORDER WHICH LIES ON THE SOUTHERLY RIGHT-OF-WAY OF ANILLO WAY AS. SHOWN ON SAID MAP; THENCE ALONG THE SOUTHERLY BOUNDARY OF SAID MAP 31. NORTH 84 0 45 1 20" EAST 226.50 FEET TO THE BEGINNING OF A 678.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE ALONG THE ARC OF SAID CURVE RIGHT-OF-WAY AND BOUNDARY 32. NORTHEASTERLY 382.54 FEET THROUGH A CENTRAL ANGLE OF 32 0 19 1 39"; THENCE 33. NORTH 52 0 25 1 41" EAST 318.50 FEET MORE OR LESS TO A POINT ON THE WESTERLY BOUNDARY OF -LA COSTA SOUTH UNIT NO. 6, ACCORDING TO MAP THEE- OF NO. 6604, ON FILE IN THE OFFICE OF SAID COUNTY RECORDER; THENCE ALONG SAID BOUNDARY 34. SOUTH 50 0 33 1 05" WEST 367.52 FEET; TO THE SOUTHWEST CORNER OF SAID MAP; THENCE ALONG THE SOUTHERLY BOUNDARY OF SAID MAP 35. SOUTH 89 0 17 1 41" EAST 511.43 FEET; THENCE 36. NORTH 40 0 52 1 17" EAST 922.56 FEET MORE OR LESS TO THE MOST NORTHERLY - CORNER OF SAID LOT 13 MAP NO. 7205; THENCE ALONG THE BOUNDARY OF SAID. LOT 37. SOUTH 49 0 07 1 43" EAST 375.00 FEET; THENCE 38. SOUTH 55 0 00 1 00" EAST . 102.07 FEET; THENCE 39. SOUTH 33 0 59 1 50" WEST .92.07 FEET; THENCE 40. SOUTH 63 0 15 1 00" WEST 88.18 FEET; THENCE 41. SOUTH 04 0 10 1 45" EAST 77.48 FEET TO A POINT ON THE RIGHT-OF-WAY OF CALINA WAY AS SHOWN ON SAID MAP 44. NORTH 89 0 17'02" WEST 45. SOUTH 67 0 09'58" WEST 46. SOUTH 22 0 35'18" WEST 47. SOUTH 15°13'12" EAST 48. SOUTH 0000915411 EAST 49. SOUTH 27 0 06'14" WEST 50. SOUTH 11 0 32 1 49" WEST 51. SOUTH 47021119tt EAST 52. SOUTH 78 0 44'47" EAST 53. SOUTH 03 0 21 1 43" WEST 54. SOUTH 37 0 13'28" EAST 55. SOUTH 68 0 37'15" EAST 56. SOUTH 01 0 08 1 45" WEST ;$ EXHIBIT 'A', PAGE 7 WHICH LIES ON THE ARC OF A NON- TANGENT 48.00 FOOT RADIUS CURVE CONCAVE EASTERLY A RADIAL FROM SAID POINT BEARS SOUTH 04 0 10'45" EAST; THENCE ALONG THE ARC OF SAID CURVE AND RIGHT-OF-WAY BOUNDARY 42. SOUTHERLY AND SOUTHEASTERLY 43. SOUTH 16 0 05 1 20" WEST 57. WESTERLY 133.82 FEET THROUGH A CENTRAL ANGLE OF 159 0 43 1 55" TO THE NORTHEAST CORNER OF LOT 14 OF SAID MAP; THENCE LEAV- ING THE ARC OF SAID CURVE AND RIGHT-OF-WAY 122.49 FEET MORE OR LESS TO A POINT ON THE SOUTHERLY BOUNDARY OF SAID MAP NO. 7205 HEREBY DESIGNATED AS POINT 'A'; THENCE LEAVING BOUNDARY 72.29 FEET; THENCE 179.25 FEET; THENCE. 98.24 FEET; THENCE 213.29 FEET; THENCE 186.67 FEET; THENCE 439.53 FEET; THENCE 134.26 FEET; THENCE 119.12 FEET; THENCE 182.33 FEET; THENCE 124.92 FEET; THENCE 110.51 FEET; THENCE 107.19 FEET; THENCE 125.23 FEET TO A POINT ON THE ARC OF A NON- TANGENT 2 1 208.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY A RADIAL FROM SAID POINT BEARS SOUTH- 01 0 08 1 45" WEST; THENCE ALONG THE ARC OF SAID CURVE 389.54 FEET THROUGH A CENTRAL ANGLE OF 10 0 06 1 30"; THENCE 58. SOUTH 08 0 57'45" EAST 120.63 FEET; THENCE 261.53 FEET;. THENCE 86.44 FEET; THENCE 212.21 FEET; THENCE 215.94 FEET; THENCE • V 59. SOUTH 14 0 34 1 52" WEST 60. SOUTH 64 0 55 1 52" EAST 61. SOUTH 05°46 1 21" WEST 62. SOUTH 44°41'01" EAST a"- EXHIBIT 'A', PAGE 8 63. SOUTH 21 0 52 1 59" WEST 351.68 FEET MORE OR LESS TO A POINT ON THE NORTHERLY BOUNDARY OF SAID MAP NO. 8258; THENCE ALONG SAID BOUNDARY 64. SOUTH 87 0 30 1 15" WEST 1,155.48 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS 212.96 ACRES MORE OR LESS. PARCEL 3 BEGINNING AT POINT 'A AS DESIGNATED IN PARCEL 2 ABOVE; THENCE ALONG THE SOUTHERLY BOUNDARIES OF LA COSTA CANADA ACCORDING TO MAP THEREOF. NO 7205 AND LA COSTA SOUTH UNIT NO. 7, ACCORDING TO MAP THEREOF NO. 6612, . ON FILE IN THE OFFICE OF SAID COUNTY RECORDER 1. SOUTH 89 0 17 1 26" EAST 1,362.74 FEET MORE OR LESS TO THE NORTHWEST COR- NER OF CARLSBAD TRACT NO. 73-2, ACCORDING TO MAP THEREOF NO. 8059, ON FILE IN THE OFFICE OF SAID COUN- TY RECORDER; THENCE ALONG THE BOUNDARY OF SAID MAP 2. SOUTH 01 0 35 1 31" WEST 3. NORTH 83 0 00 1 00" EAST 4. NORTH 88°36'05" EAST 5. SOUTH 78°00'00" EAST 6. SOUTH 18 0 40 1 20" WEST 7. SOUTH 12 0 42 1 25" EAST 8. SOUTH 43 0 53 1 30" EAST 9. SOUTH 78 0 00'00" EAST 10. NORTH 85°00 1 00" EAST 11. NORTH 78 0 00'00" EAST 12. NORTH 88 0 30 1 55" EAST 735.37 FEET; THENCE CONTINUING 227.18 FEET; THENCE 45.61 FEET; THENCE 633.56 FEET; THENCE 178.98 FEET; THENCE 111.90 FEET; THENCE 111.90 FEET; THENCE 246.50 FEET; THENCE 81.90 FEET; THENCE 424.00 FEET; THENCE 127.10 FEET; THENCE 13. SOUTH 75°00'00" EAST 334.00 FEET; THENCE @7 • -•.: •'. .. S. EXHIBIT 'A', PAGE 9 14. SOUTH 34 0 45 1 00" EAST 89.00 FEET; THENCE 15. SOUTH 75 0 09 1 58" EAST 301.89 FEET MORE OR LESS TO THE SOUTHEAST COR- •NER OF SAID MAP NO. 8059, BEING ALSO A POIN'T ON THE WESTERLY RIGHT- OF-WAY OF ROAD SURVEY NO. 454, A 60.00 FOOT WIDE ROAD EASEMENT PER DOCUMENT RECORDED JANUARY 21, 1930 IN BOOK 1737 ON PAGE 4 OF DEEDS OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE 16. SOUTH 70 0 53 1 37" EAST 30.00 FEET MORE OR LESS TO A POINT ON THE CENTERLINE OF SAID ROAD SURVEY NO. 454; THENCE ALONG SAID CENTERLINE 17. SOUTH 19°05 1 49" WEST 823.65 FEET TO THE BEGINNING OF A 1 1 000.00 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE ALONG THE ARC OF SAID CURVE 18. SOUTHERLY 497.96 FEET THROUGH A CENTRAL ANGLE OF 28 0 31 1 51"; THENCE - 19. SOUTH 47 0 37 1 40" WEST 661.34 FEET; THENCE LEAVING SAID .CENTERLINE 20. NORTH 42 0 21 1 35" WEST 498.90 FEET TO THE BEGINNING OF A 1,158.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE ALONG THE ARC OF SAID CURVE 21. NORTHWESTERLY 413.13 FEET THROUGH A CENTRAL ANGLE OF 20 0 26 1 27"; THENCE 22. NORTH 62 0 48 1 02" WEST 1,351.72 FEET TO THE BEGINNING OF A 2,208.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE ALONG THE ARC OF SAID CURVE 23. WESTERLY 1,004.02 FEET THROUGH A CENTRAL ANGLE OF 26 0 03 1 13"; THENCE 24. NORTH 01 0 08 1 45" EAST 125.23 FEET; THENCE 25. NORTH 68 0 37'15" WEST 26. NORTH 37 0 13 1 28" WEST 27. NORTH 03 0 21 1 43 EAST 28. NORTH 78 0 44 1 47" WEST 29. NORTH 47 0 21 1 19" WEST 30. NORTH 11 0 32 1 49" EAST 107.19 FEET; THENCE 110.51 FEET; THENCE 124.92 FEET; THENCE 182.33 FEET; THENCE 119.12 FEET; THENCE 134.26 FEET;. THENCE G) •I•. - 31. NORTH 27 0 06 1 14" EAST 32. NORTH 00 0 0954 WEST 33. NORTH 15°13'12" WEST 34. NORTH 22 0 35 1 18" EAST 35. NORTH 67 0 09 1 58" EAST 36. SOUTH 89 0 17 1 02" EAST .. EXHIBIT 'A',, PAGE 10 439.53 FEET; THENCE 186.67 FEET; THENCE 213.29 FEET; THENCE 98.24 FEET; THENCE 179.25 FEET MORE OR LESS TO THE SOUTHERLY BOUN- DARY OF SAID MAP NO. 6012; THENCE LEAVING SAID BOUNDARY 72.29 FEET TO THE POINT OF BEGINNING. CONTAINS 140.27 ACRES MORE OR LESS. PARCEL 4 BEGINNING AT THE NORTHWEST CORNER OF AMENDED MAP OF SANTA FE RIDGE - UNIT NO. 2, CARLSBAD TRACT NO. 83-16, MAP NO. 10857, ACCORDING TO MAP THEREOF NO. 11019, ON FILE IN THE OFFICE OF SAID, COUNTY RECORDER; THENCE ALONG THE BOUN- DARY OF SAID MAP - 1. SOUTH 02 0 55 1 51" EAST 354.52 FEET MORE OR LESS TO THE NORTHEAST COR- NER OF CARLSBAD TRACT NO. 73-18, UNIT NO. 5, ACCORDING TO MAP THERE- OF NO. 8363, ON FILE IN THE OFFICE OF SAID COUNTY RECORDER; THENCE ALONG THE NORTHERLY BOUNDARY OF SAID MAP NO. 8363 AND THE WESTERLY PROLONGATION THEREOF 2. SOUTH 87 0 30 1 15" WEST 899.52 FEET TO A POINT ON THE NORTHERLY BOUND- ARY OF MA.? NO. 8258 ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE LEAVING SAID BOUNDARY 3. NORTH 21 0 52 1 59" EAST 351.68 FEET; THENCE 4. NORTH 44 0 41'01" WEST 215.94 FEET; THENCE 5. NORTH 05 0 46 1 21" EAST 212.21 FEET; THENCE 6. NORTH 64 0 55 1 52" WEST 86.44 FEET; THENCE 7. NORTH 14 0 34 1 52" EAST 261.53 FEET; THENCE 8. NORTH 08°57'45" WEST 120.63 FEET TO THE BEGINNING OF A NON-TANGENT 2,208.00 RADIUS CURVE CONCAVE SOUTHERLY A RADIAL FROM SAID POINT BEARS SOUTH 08 0 57'45" EAST; THENCE ALONG THE ARC OF SAID CURVE EXHIBIT 'A', PAGE 11 9. EASTERLY 1,393.57-FEET THROUGH A CENTRAL ANGLE OF 36 0 09 1 43"; THENCE 10. SOUTH 62 0 48 1 02" EAST 1 1 351.72 FEET TO THE BEGINNING OF A 1 1 158.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE ALONG THE ARC OF SAID CURVE 11. SOUTHEASTERLY 413.13 FEET THROUGH A CENTRAL ANGLE OF 20 0 26 1 27"; THENCE 12. SOUTH 42°21 1 35" EAST 498.90 FEET MORE OR LESS TO A POINT ON THE CENTERLINE OF SAID ROAD SURVEY NO. 454; THENCE ALONG SAID CENTERLINE 13. SOUTH 47°37 1 40" EAST 904.82 FEET TO THE BEGINNING OF A 1,000.00 FOOT • RADIUS CURVE CONCAVE SOUTHEASTERLY; • - THENCE ALONG THE ARC OF SAID CURVE AND CENTERLINE 14. SOUTHWESTERLY 160.96 FEET THROUGH A CENTRAL ANGLE OF - 09 0 13 1 20 "; THENCE 15. SOUTH 38 0.24 1 20" WEST 320.27 FEET MORE OR LESS TO THE MOST EASTERLY • CORNER OF SAID MAP NO. 11019; THENCE ALONG THE BOUNDARY OF SAID MAP LEAVING SAID CENTERLINE 16. NORTH 51 0 35 1 40" WEST 61.00 FEET; THENCE 17. NORTH 65 0 28'00" WEST 348.38 FEET; THENCE 18. NORTH 28 0 12'00" WEST 224.02 FEET; THENCE 19. NORTH 07 0 00 1 00" WEST 570.00 FEET; THENCE 20. NORTH 58 0 56'00" EAST 330.00 FEET; THENCE 21. NORTH 13 0 05'00" EAST 140.00 FEET; THENCE 22. NORTH 18 0 27 1 00" WEST 440.50 FEET; THENCE 23. NORTH 00 0 03 1 00" EAST 54.00 FEET; THENCE 24. NORTH 89 0 57 1 00" WEST 964.62 FEET TO THE POINT OF-BEGINNING. CONTAINS 68.37 ACRES MORE OR LESS. I U. No. 5962 Exp. 123 --11L 0. 14 1Fo-y 5962 ' IRATION 12/31/92 DATE , 1 1. 1 11 . I v ''so lOCATION MAP BEARINGS AND DISTANCES SHOWN HEREON ARE A COMPILATION OF EXISTING DATA ONLY. SOME DISTANCES SHOWN ARE OF NO RECORD DUE TO EXISTING BOUNDARY AND RIGHT-OF- WAY INTERSECTIONS WHICH HAVE NOT BEEN MAPPED PREVIOUSLY. hf WAY i k ii PARCEL 2 SEE SHEET 3 PARCEL 3 SEE SHEET 4 PARCEL 4 SEE SHEET 5 U II II _ 0 PARCEL SEE SHEET 2 0 A JUMM ROAD THIS PARCEL MAP IS FOR FINANCIAL PURPOSES ONLY. NO BUILDING PERMIT SHALL BE ISSUED FOR ANY PARCEL UNTIL IT IS FURTHER SUBDIVIDED PURSUANT TO THE PROVISIONS OF TITLE 20 OF THE CARLSBAD MUNICIPAL CODE. IS 3 1. 0. 22606 z\:\.c\xP. 112,311-53 '4 P Project Design Consu1tants DATE: 7-30-91 J.N. 743.00 AWN Y. DESIGNED BY: ICHECD BY: PROJECT NAME ARR PAUL R.C.E. 22606 DATE: 12-31-93 PROJECT NO. CE590 EXHIBIT 'B' SHEET 1 OF 6 SHEETS EXPIRA OYO LA COSTA MS 862 A: 7)33N N /11WJ2 6891' L •07L4LRj OFOR EASET DATA SEE SHEET 6 = 9914I28N R 25.00' PARCEL 2 DETAIL 'A' L 43.30' = 991428w SEE SHEET 3 \ 0.37 43W EL1 = 06'17'36" 7119s32N E R = 25.00' = 893.00' = 43.30' R = 593.00' 98.09' = l%1 \\ L = 98.09' 05'21'03" W 4 ' . . Alan" r \ \ \4S\ O. I U N 1U N 31 -29055* E B3'53%56 3 is SEE DETAIL 'A' 50.77' 70.95' N A 2 t A 0426'4 25.00 B6':5•0 N j'j'24" ELR)L = g.5270 R 2045.00 N 14'22'17 29' A - 25,00IR - " W - 3-7.92: W L 58.64' \\ \ 33.48' c. R - N B7'30'15 E Jw = 27'35'06" hR = 360.00' I A. I 2 A = 173.32' I 450.00' z _t!57WLR)j tA 7 9 4073 POB 146 I 1 PARCEL 1 145 o' AREA = 60.19 ACRES f93' P> oI \n\ Z141° '-4 42c C) \ o140 Fn c.Apli \\\\ — 'I° - -Ln ELL \\ (4I 0 CL ROAD SURVEY \\ 1800-1 RIGHT-OF-WAY & SLOPE EASEMENT go' vDE1 . PER DOC. RECORDED 11 -25-69 AS DOC. NO. 217326, O.R. m II S.D.G.& E. EASEMENT® k I4' O' EASEMENT TO - z SAN DIEGO ® N 8916'23" E (R) PIPELINE CO. 0 4' 1 _LC1 ROAD SURVEY 1631 . CA Z ROAD SURVEY P,M. 5288 682-A " 0 \ \\ PER DOC. RECORDED Th Ii I ® 8-25-61 AS DOC. — - ROAD SURYE'(\ \ 1631 NO. 149167, O.R. I C) —4 \icY OF CARSJB 0 / E4R) 'AD @ I — ' P C~ NO. 22606 72,00' N 87'55'20" W -" MAP 848 L=20.77' 587.29' 116.95' RANCHO LAS 5NCJNJIAS 1 CITY OF ENCINITAS P Project Design Consultants ATE: 7-30-91 J.N.11N. 743.00 DESI8Y: CH! BY: PROJECT NAME ARROYO LA COSTA t MS 862 PROJECT NO. EXHIBIT 'B' CE590 SHEET 2 6 SHEETS DOUS C. PAUL R.C.E. 22606 /ATE EXPIRATION DATE: 12-31-93 'N '33'59'59M E 92.07 N 55'55'00 W 102.O7 . c,/ 0 FOR EASEMENT DATA SEE_ SHEET N 3'1'OQ E 88.18 11 04'10'45 w(R) 77.48' Lx= 15943155M PARCEL 3 R = 48.00' L = 133.82' SEE SHEET 4 1605'20" £ (R)122.49' (F POINT 60 FOR T/1ATED DATA SEE SHE OF OF 6 SHEETS PARCEL 4 20' CABLE TELEVISION EASEMENT t1y iQ2 Q.8E(I b ;9- LI) r o to 180 LI) 17 9 z L,J LI) 0 2- 1165 o r'I z /7li5F rcW I.' = 1006'30 20' OLIVENHAIN MUNICIPAL R = 2208.00' T26 WATER DISTRICT EASEMENTL = 389.54' 30' SEWER AND UTILITY EASEMENT ) SCALE: iN = INMK -N 00'33'05" E PARCEL 2 367.52' '-N 522541" E 318.50' AREA = 212.96 ACRES 432-19'39 R= 67& 00' TPOB PARCEL 2 L38254' T—ou FLJAU, UIIUIT & SEWER EASEMENT N '445'20" E 246.50' N 81'5'29" OLIVENHAIN MUNICIPAL 9.30 7;37 20' EASEMENT TO WATER DISTRICT = 4?P.Oq' LA COSTA -SOUTH UNIT NO.5 MAP NO. 5504 42 42 CARLSBAD TRACT NO. 72-'24 MAP NO. 7895 fl3J3fl92 i=3'42'00" R=1 470.00' L=94.93' -. 1111401*1 CARLSBAD TRACT POB PARCEL 2 = 27'35'06" R = 360.00' L = 173.32' r L = 01.50 150' S.D.G.& E. EASEMENT •N 5è.2g I 3OA E (WITH 20' TREE TRIMMING () C2 95.9 EASEMENT ON EITHER SIDE) C3 4•45'5" .D.G.& E. EASEMENT R = 330.00 = 200.24' As S.D.G.& E. EASEMENT &= 58O'O" \ 63>8' S.D.G.& E. ESMT. 7R =200.00 \ \ 10' ESMT. TO SAN DIEGO L = 204.79' \ \ PIPELINE CO. ( NO. 75-7 I GREEN VALLEY KNOLLS N MAP NO, 8379 WLLJ L5 5314, SURVE''682 3AD TRACT EL CAMINON -\-- P Project Design Cori.s'uUants DATE: 7-30-91 J.N. 743.00 DRAWN3': DESIG 2 Y: C : PROJECT NAME ROAD SURVEY1800-i ' PER DOC. RECORDED 11-28-69 lctl AS DOC. NO. 217326, O.R. 60' PUBLIC HIGHWAY icol 00'22 1EASEMENT K iE7 Z1 = 25.00' L = 40.1 Q (z At DOUCL PAUL R.C.E. 22606 DATE EXPIRATION DATE: 12-31-93 M LO co PROJECT NO. EXHIBIT 'B' CE590 SHEET 3 OF 6 SHEETS NO. 221 60G io EXP. 12-3--93 J z1 QQw(R)1 l NO 83-I fA P NO. -11085 ' ARROYO LA COSTA MS 862 agg ro LO : —0 tO 355334E 20' OLIVENHAIN MUNICIPAL WATER DISTRICT EASEMENT N 8300'00" E 227.18' LEUCADIA COUNTY WATER DISTRICT EASEMENT 1j.5L - SEGOVJA WAY 20' DRAINAGE EASEMENT (0 ®RDAD SURVEY 454'' —or — SEWER 30.00" EASEMENT 10' SAN DIEGO COUNTY FLOOD CONTROL 17 DISTRICT EASEMENT to I 40' OPEN SPACE EASEMENT MTh IRREVOCABLE OFFER TO I DEDICATE Co Cm cI zJ 00 to d - C-4 to co 0 C5 tO H C5 z co GAVIOTA CIRCLE 'MAP N04 170 -- PARCEL 1 PUBLIC ROAD AND SLOPE EASEMENT PER DOC. RECORDED 10-29-85 DOC. NO. 85-404384, O.R. I - 422QL R A=28531*51N = 1000.00' L= 497.96' 41 Nf n. 334 t<AN(.1-1U SANIA —' FE RA1 ell CL ROAD SURVEY 454 PER DOC. RECORDED 1-21-30 IN BOOK 1737 ON PACE 4 OF DEEDS (D 20'26'27" /77 // 8500' 00N E 81.90, L = 413.13' I ,—z Ui ZE Lii Cl) Ui 0 0 -J C/) 0 oFESSi01 ).S C. . NO.22606 ;cv EXP. 12-31-93 COV OF CA \i co ' PARCEL 4 SEE SHEET 5 - .A = 2603'13 R = 2208.00' L = 1004.02' PARCEL PARCEL N 19,05 4.9 N 7509'58 wE822,181 301.89' N2fl5.4' -N 34545100N W 89.00' 7500'OO" W N 8830'55 E 127.10' \x N78'OO'OO E 424.00' ,, , 2) Lk- N 78t00b00N w 7 246.50' N 43'53'39 W 111.90 11'-_2_N 1242'2" W v 111.90 N 18'40'20" E ,5*w 178.98 PARCEL 3 pn co fn AREA = 140.27 ACRES rZ, to N 88.36 05N E 45.61' ii 46' PUBLIC HIGHWAY EASEMENT I tO 30' SEWER AND U11LI1I 0 to EASEMENT (i) / N 0108'45" E(R 125.23' N 68'37'15 W WATER DISTRICT EASEMENT"—' — — OLIVENHAIN MUNICIPAL 107.19' 04 CL- N 15'13'12 W 78'44'47" W.(7c N 897'02" y 186 67 Woo'og'sç' N 67OE\235e18M E SEE SHEET '32' E 179.25' A 98.24' - 134.28' 20' CABLE IV EASEMENT 37'13'28 W FOR EASEMENT DATA 110.51' N 0321'43" E SEE SHEET 6 0 124.92' N 4721'19" W 119.12' DO Project Design Consultants DATE: 7-30-91 J.N. 743.00 I LII..tJI¼JI2LF LI I. II I1¼#1¼1.tI#/ -I. O PARCEL 2 )UCLAC. PAUL R.C.E. 22606 DATE PIRA11ON DATE 12-31-93 PROJECT NAME SHEET 4 AR R 0 Y0 LA COSTA PROJECT NO. 1EXHIBT 'B' I CE590 OF MS 862 6 SHEETS I- Ui Ui U) Ui Lai CL 0 0 S. IU . I ro c-.J S c.'J 0 rID (N (0 Li - bc oc o tL 0 0 CL RO Y 454 YtAP PER DOC. RECORDED 1-21-30 '04 IN BOOK 1737 ON PAGE OF DEEDS 7 O ) /Ce'PUBLIC ROAD AND PER DOC. RECORDED SLOPE EASEMENT ROAD 5 y 454 10-29-85 AS </P NO. 85-404384, O.R., = 1000.00' V35'40 W L= 160.96 61.00' R= 1158.00' : LO f-1 2026'27" / L= 413.13' (0 PARCEL 4 ( AREA = 68.37 ACRES N 1 305'00 E 140.00' CV MENDED MAP OF Q' SANTA PE FUDGE 2 UNIT I CARLSBAD TRACT NO 83-I6 •CG ,-1 MAP N0,10865 MAP NO, 11018 OFOR EASEMENT DATA SEE SHEET 6 AMNDD MAP OF SANTA F8 RJDe 9' UNIT NO, 2 CARLSBAD TRACT NO4 53-18 MAP No, 10857 MAP No, 11019 (. z — L N -... 4oFES3Io*\ cp 27 - ULLRL -Fc,, Lli NO. 22606 I 337 P.O.B. EXP. 12-31-93 LA :7- 0' Cp •73 0 -o PARCEL 4 LAS AREA = 68.37 ACRES Cp 20' CABLE W EASEMENT® 21-52'59" ( SEE SHEET 4 - zt ? ~~ -;a~ Lp N 35t68, - CIIE~ 15 Q11 Ll% - 64'55'52" W — 86.44' N 085745" W 120.63' (R) DATE: 7-30-91 J.N. 743.00 •43452 P Project Design Consultants : D0UGb. PAUL R.C.E. 22606 DATE DRAY: DESIGNED BY. CH EXPIRATION DATE: 12-31-93 _____________ EXHIBIT B' SHEET 5 PROJECT NAME ARROYO LA COSTA I E59O 1 6 SHEETS OF MS 862 CURVE _T RADIUS LENGTH I DELTA Cl 25.00' 37.92' 86'53'59" C2 25.00' 43.30' 99'1428" C3 25.00' 9.29' 21'17'33" C4 893.00' 98.09' 0617'36" LINE I DIRECTION I DISTANCE Ti N 73.05P27H W 320.00' T2 N 31'29'55" E 70.96' T3 N 8810'09" E 50.77' T4 N 68'21'23' W 77.35' T5 N 75'00'48" E 168.50' 6 N 7957'17" E 407.74' T7 N 1422'17" W 33.48' T8 N 7119'32" E 68.91' T9 N 0521'03" W 86,10' T10 N 83'53'56" E 554.14' TABULAD DATA FOR SHEE! 3 OF 6 SHEETS LINE I DIRECTION I DISTANCE Til N B917'02" W 72.29' 12 N 67'09'58" E 179.25' T13 N 22035'18" E 98.24' T14 N 15'13'12" W 213.29' T15 N 0009'54" W 186.67' T16 N 27'06'14" E 439.53' 117 N 1132'49" E 134.26' 118 N 47'21'19 W 119.12' 19 N 78'44'47" W 182.33' T20 N 03'21'43" E 124.92' T21 N 3713'28" W 110.51' T22 N 68'3715" W 107.19' T23 N 01'08'45" E 125.23' 124 N 0857'45" W 120.63' T25 N 14'34'52" W 261.53' T26 N 64'55'52 W 86.44' T27 N 0546'21" E 212.21' T28 N 44'41'01" W 215.94' 29 N 21'5259" E 351.68' TABULATED EASEMENT DATA 60'OAD EASEMENT-JANUARY 21, 1930-BOOK 1737 PAGE 4 OF DEEDS. 60' PUBLIC HIGHWAY EASEMENT-MARCH 9, 1951-BOOK 4031, PAGE 440, O.R. 60' PUBLIC HIGHWAY EASEMENT-FEBRUARY 28, 1950-BOOK 3518, PAGE 221, O.R. 150' SDG&E EASEMENT-MARCH 21, 1957-BOOK 6504, PAGE 206, O.R. 30' SDG&E EASEMENT-MARCH 2, 1960-DOC. 42870, O.R. 60' PUBLIC ROAD EASEMENT-AUGUST 25, 1961-DOC. 149167, O.R. 60' PUBLIC ROAD EASEMENT-SEPTEMBER 28, 1961-DOC. 169289, O.R. 10' PIPELINE EASEMENT-MAY 27, 1963-DOC. 92151, O.R. 12' SDG&E EASEMENT-AUGUST 30, 1963-DOC. 155970, O.R. 20' WATER EASEMENT-JUNE 12, 1964-DOC. 106490, O.R. RIGHT-OF-WAY AND SLOPE EASEMENT-NOVEMBER 28, 1969-DOC. 217326, O.R. RIGHT-OF-WAY AND SLOPE EASEMENT-FEBRUARY 16, 1970-DOC. 27777, O.R. 20' WATER EASEMENT-MARCH 26, 1970-DOC. 52512, O.R. 8' SDG&E EASEMENT-FEBRAURY 25, 1971-DOC. 36278, O.R. 10' AND 15' DRAINAGE EASEMENT-MAP NO. 7205. 46' PUBLIC HIGHWAY EASEMENT-DECEMBER 19, 1974-F/P 74-329686, O.R. DRAINAGE EASEMENT-JANUARY 8, 1975-F/P 75-004660, O.R. 20' WATER EASEMENT-JANUARY 28, 1975-F/P 75-015594, O.R. 40' OPEN SPACE EASEMENT- JAUNARY 27, 1975-F/P 75-018492, O.R. 10' SEWER EASEMENT-APRIL 7, 1975-F/P 75-078931, O.R. 20' CABLE TELEVISION EASEMENT-AUGUST 17, A982-F/P 82-254570, O.R. PUBLIC ROAD AND SLOPE EASEMENT-OCTOBER 29, 1985-F/P 85-404383, O.R. PUBLIC ROAD AND SLOPE EASEMENT-OCTOBER 29, 1986-F/P 85-404384, O.R. GENERAL SDG&E EASEMENT(UNPLOTTABLE)-OCTOBER 14, 1986-F/P 86-462232, O.R. LEUCADIA WATER DISTRICT EASEMENT-JANUARY 17, 1975-F/P 75-012373, O.R. 30' AND 60' ROAD, UTILITY, AND SEWER EASEMENT-JANUARY 29, 1962-DOC. 164058, koFO;*\ NO, 22606 EXP. 12-31-93J) P ProjectDesign Consultants OF _ DATE: 7-30-91 J.N. 743.00 )RAWN BY: DESIGNED BY. _BY: DOUGL PAUL R.C.E. 22606 DATE _ 40 //0 EXPIRATION DATE: 12-31-93 PROJECT NAME PROJECT NO. EXHIE ARROYO LA COSTA Bf 1 CE59 U SHEET MS 862 OF 6SHEE . EXHIBIT 2 40 EXHIBIT 2 CALIFORNIA ENDANGERED SPECIES ACT MANAGEMENT PERMIT FOR THE CONSTRUCTION OF THE FIELDSTONE COMPANY'S ARROYO LA COSTA DEVELOPMENT FiSJ'a I r1tVd The Fieldstone Company/La Costa Associates Limited Partnership (hereinafter "TFC") and the Department of Fish and Game (hereinafter Department) entered into the Carlsbad Coastal Sage Scrub Conservation Program Departme of ash and Game/Fieldstone Company/La Costa Associates Limited Partnership, v4maing and'Mltlgation Agreement (the "Agreement") which provides for the issuance of a Permit for Management of Endangered Species pursuant to California Fish and Game Code section 2081 for the proposed Arroyo La Costa Project located within the City of Carlsbad (Figures 1 and 2). The site is bounded to the west by El Camino Real, to the east by Rancho Santa Fe Road, and to the south by Olivenhain Boulevard. The construction will eliminate 23.2 acres of potential habitat for California gnatcatcher (Po/foptila calffornica), orangethroat whiptail (Cnemidophorus hyperythrus beldingi) and the San Diego horned lizard (Phyrnosoma corona tuzn blainvillel). It is the Department's determination that the acquisition, enhancement, and long-term management of 26 acres of existing California gnatcatcher and other species of concern residing In that 23.2 acres of coastal sage habitat found on the project site at another location acceptable to the Department, will offset the project impacts and result in preserving core areas for the species which may assist in preserving sustainable populations. PROJECT DESCRIPTION The proposed project consists of 670 acres of undeveloped land within the City of Carlsbad (T13S R4 Sections 1 and 7). It is bounded to the west by El Camino Real, to the east by Rancho Santa Fe Road, to the south by Olivenhain Boulevard, and a single-family residential development to the north. The site consists primarily of gently rolling hills with slopes averaging approximately 15%, and elevations ranging from 64 feet along the western property line to 273 feet near the eastern-central portion of the site. There are several small deeply eroded tributaries which empty into a central drainage located near the center of the site. The confluence of drainages form a large riparian and wetland floodplain, which constitute Waters of the United States, which connects with Encinitas Creek near the western edge of the site. fieldstone. 2081 permIt 1 2/27/92.ht.gw 40 LISTED SPECIES Based on biological studies of the project site and adjacent areas, the following species of special concern use the project area. These species are the California gnatcatcher. A summary of the life history information for each species follows. California Gnatcatcher The California gnatcatcher is a small, slender passerine that is gray above and lighter gray below with some brownish coloration on the wings and back. The tail is primarily black. Males have a black cap during the breeding season. Females tend to have slightly more brown on their back. The gnatcatcher weighs between five and six grams and is approximately 11.5 cm long. The gnatcatcher is primarily insectivorous, foraging by gleaning from sage scrub vegetation or flycatching flying insects. The highest foraging activity generally occurs in the morning hours although it may forage throughout the day. Evergreen sage scrub species such as broom baccharis (Baccharis sararlzro ides) and laurel sumac (Malosma laurina) may be especially important foraging substrates during the late summer and early fall months (ERCE 1991). The gnatcatcher occurs primarily in sage scrub vegetation with documented home ranges from 10 to 35 acres in San Diego County (SEB 1984; RECON 1989; ERCE 1991). An open cupshaped nest, typically in the fork of California sagebrush (Artemisia californica), flat- top buckwheat (Eriogonurn fascicula turn) or other shrubby component of the habitat is constructed. Nesting occurs between early March and July, with the first fledglings appearing by early May. Dispersal generally occurs within four to six weeks from fledgling (ERCE 1991). Relatively little is known about dispersal of this species. California gnatcatcher populations have been estimated at about 1,200 to 2,000 pairs in the United States with less than 700 pairs remaining in San Diego County (Atwood 1990). Their historical range included much of coastal souther California up to Ventura County. This species is declining in all of the other four coastal counties proportionately with the continued loss of coastal sage scrub habitat, the primary cause for this species decline. Two pair of California gnatcatchers were observed on the Arroyo La Costa site in 1991. Four patches of sage scrub occur on Arroyo La Costa, with the largest patch encompassing 9.5 acres of disturbed sage scrub.1 Only one of the four patches supports relatively undisturbed sage scrub and totals 5.cres. One of the two pair of gnatcatchers was found using the most heavily disturbed portion of the sage scrub on the site. fieldstone. 2081 permit 2 2/27/92. ht.gw 40 EFFECTS ON LISTED SPECIES California gnatcatcher habitat will be eliminated or isolated by the construction of the Arroyo La Costa project. The project area, where direct impacts to these species may occur, encompasses approximately 23.2 acres. fr In association with this project, TFC is transferring to the Department or its designee, 252 acres of habitat management lands for the above species or conservation easement as provided in that Management Agreement dated February 2-91, 1992. TFC is providing 1.12 acres of habitat for each acre of coastal sage scrub habitat removed by the Project. Habitat located at the project site is extremely degraded due to its proximity to urban uses. Habitat replacement ratios have been significantly adjusted downward to reflect the poor biological conditions on site. TFC is providing the Department with a letter of credit in the amount of $200,000 to secure the conveyance of the 26 acres. In addition, TFC Is providing the Department, or its designee, with an endowment for fencing, trash removal, and long-term management in the amount of $26,000 ($1,000/acre). This purchase security amount is based on the cost to convey 26 acres of sensitive species habitat. The conveyance improvement, and maintenance of this mitigation land will allow for its management for threatened and endangered species and other species of concern in perpetuity. The acquired parcel in combination with past and future acquisitions will provide core areas for the management of the species of concern. SPECIFIC CONDITIONS REQUIRED BY THE MANAGEMENT PERMIT As provided in the above-mentioned agreement, the following conditions will be implemented. TFC will provide the Department with 26 acres of habitat or a conse fryatlon easement as provided in that Management Agreement dated February Z., or P, 1992, for the affected species that are, in the judgement of the Department and the U.S. Fish and Wildlife Service (Service), biologically suitable. 2. Prior to clearing of sage scrub habitat, all California gnatcatchers occurring within the affected areas on the Arroyo La Costa Project shell be captured, Individually colormarked, and relocated to an appropriate area off-site deemed suitable by the Department and Service. TFC will be responsible for obtaining the necessary permits for the relocation of the gnatcatchers, monitoring and relocation of the gnatcatchers. Relocation activities shall be overseen by biologists experienced in the capture, banding and relocation of wild bird species within 60 days of this Agreement. fieldstone. 2081 permIt 3 2/27/92.ht.gw - 3. TFC will transfer to the Department an endowment of $26,000 ($1,000/per acre), the Income from which will be available to the Department for the operation and maintenance of the habitat land Identified In paragraph 1. DEPARTMENT FINDINGS If the above-written conditions of this Management Permit are Implemented, the Department finds that the Arroyo La costa Project will not result In jeopardy to the continued existence of the listed species and may through the acquisition of habitat lands, protect the species from further degradation. CALIFORNIA DEPARTMENT OF FISH AND GAME BY: £7 TITLE- DATED: fieldstone. 2081 permit 4 2/27/92. ht.gw (0 0 n EXHIBIT 4 r - 7 - Mci27'J4 1 ac 87-2006 L3ai, j *J vi F C" LEGAL DESCRIPTION A PORTION OF LOT 44 OF CARLSBAD TRACT NO. 75-9(B), UNIT NO. 1 1 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO MAP THEREOF NO. 9958 RECORDED DECEMBER 3 1 1980 BY THE COUNTY RECORDER OF THE COUNTY OF SAN DIEGO, AS FILE NO. 80-440243, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHWESTERLY CORNER OF LOT 44, TRAVERSING NORTH 86° 30' 00" EAST 842.77 1 ; THENCE NORTH 11° 39' 14" EAST 406.58' TO THE TRUE POINT OF BEGINNING. FROM SAID TRUE POINT OF BEGINNING, AND LEAVING THE BOUNDARY LINE OF LOT 44 WORTH 78 0 11' 26" WEST 50.00 1 ; THENCE NORTH 07° 45' 59" EAST 59.00 1 ; THENCE NORTH 42 0 31' 57" EAST 91.97 1 ; THENCE NORTH 77° 00' 00" EAST 82.00 1 ; THENCE NORTH 10 0 51' 36" EAST 45.00 1 ; THENCE NORTH 48° 09' 38" EAST 90.00 1 ; THENCE NORTH 64 0 34' 50" EAST 19.18 1 ; THENCE NORTH 91° 00' 02" EAST 106.38 1 ; ThENCE NORTH 54 0 28' 37" EAST 190.00 1 ; THENCE SOUTH 88° 11' 15" EAST 20.00'; THENCE SOUTH 65° 11' 00" EAST 30.00 1 ; THENCE SOUTH 01 0 48' 45" WEST 27.00 1 ; THENCE NORTH 66 6 48' 45" EAST 41.00 1 ; THENCE NORTH 88 0 58' 45" EAST 65.00'; THENCE SOUTH 88 6 49' 40" EAST 284.85 1 ; THENCE SOUTH 04 0 11' 15" EAST 12.00 1 ; THENCE NORTH 80° 08' 11" EAST 25.72'; THENCE NORTH 07° 11' 15" WEST 22.00 1 ; THENCE SOUTH 88 0 11' 15" EAST 41.00 1 ; THENCE NORTH 35 ° 00' 00" EAST 193.53 1 ; THENCE NORTH 40° 00' 00" EAST 60.00 1 ; THENCE NORTH 05° 45' 52" WEST 57.00 1 ; THENCE ALONG A TANGENT ARC WITH A RADIUS OF 150.00', CONCAVE EASTWARD, A DISTANCE OF 108.78' (DELTA 41° 33' 08"); THENCE ALONG ANOTHER TANGENT ARC WITH A RADIUS OF 120.00 1 , CONCAVE EASTWARD, A DISTANCE OF 109.12' (DELTA - 52° 06' 03"), THENCE ALONG A TANGENT LINE, NORTH 87 6 53' 19" EAST THENCE NORTH 79 0 19' 47' EAST 90.84 1 ; THENCE NORTH 05 11 45' 520 WEST- 203.56 1 ; THENCE NORTH 48 0 15' 49" WEST 660.70'; THENCE SOUTH 61° 30' 36" WEST 564.71 1 ; THENCE NORTH 58 0 20' 08" WEST 396.85 1 ; THENCE NORTH -49 0 08' 59" WEST 187.92' TO AN ANGLE POINT IN THE NORTHWESTERLY LINE OF SAID LOT 44; THENCE ALONG SAID BOUNDARY NORTH 40 0 02' 27" EAST 84.22'; THENCE SOUTH 55 ° 47' 00" EAST 231.00 1 ; THENCE SOUTH 66° 23' 00" EAST 236.00 1 ; THENCE NORTH 86° 38' 420 EAST 70.22 1 ; THENCE NORTH 63 0 21' 41" EAST 67.00 1 ; THENCE NORTH 40 35' 55" EAST 67.19 1 ; THENCE NORTH 18° 10' 44" EAST 65.00 1 ; THENCE NORTH 04 0 38' 42" WEST 160.53 1 ; THENCE NORTH 87 0 12.' 46' EAST 163. 66 1 ; THENCE NORTH 71 0 45.' 00" EAST 288.32 1 ; THENCE SOUTH 72 0 23'. 52" EAST 55.85 1 ; THENCE SOUTH 51 ° 11' 00" EAST 524.00 1 ; THENCE: SOUTH 410 22' 41" EAST 237.81 1 ; THENCE NORTH 900 00' 00" EAST 230.19 1 ; THENCE SOUTH 02 0 28' 18" EAST 706.64 1 ; THENCE NORTH 760 20' 00" WEST 450.40 1 ; THENCE SOUTH 32 0 40' 00" WEST 195.00'; THENCE SOUTH 02.0 10' 00" LAST 220.00 1 ; THENCE SOUTH 54 0 10' 00" WEST 308.00 1 ; THENCE NORTH 83° 30' 00" WEST 530.00 1 ; THENCE SOUTH 770 00' 00" WEST 500.00'; THENCE SOUTH 110 39' 14" WEST 20.00' TO THE TRUE POINT OF BEGINNING. SAID PORTION BEING AN AREA OF 25.7 ACRES. () 4p Go EXHIBIT 5 . . 1992 IRREVOCABLE STANDBY LETTER OF CREDIT BENEFICIARY APPLICANT CALIFORNIA DEPARTMENT OF FISH AND FIELDSTONE I LA COSTA GAME, ITTN: DIRECTOR ASSOCIATES LIMITED 1416 9TH STREET, 12TH FLOOR PARTNERSHIP £ACRAXETO, CALIFORNIA 95814 14 CORPORATE PLAZA DRIVE NEWPORT BEACH, CA 92660 AMOUNT USD 200,000.00 TWO HUNDRED THOUSAND AND 00/100'S VS DOLLARS EXPIRY 1993 AT OUR COUNTERS 2. IT THE REQUEST AND ON THE INSTRUCTIONS OF OUR CUSTOMER YWDSTONE/LACOSTA ASSOCIATES ("APPLICANT"), WE HEREBY ESTABLISH IN FAVOR OF THE BENEFICIARY, THE CALIFORNIA DEPARTMENT OP FISH AND GAME ("CDPG9 • THIS IRREVOCABLE STANDBY LETTER OF CREDIT ('CREDIT") IN THE PRINCIPAL EWI OF US $200,000.00. 2. THIS CREDIT IS AND HAS BEEN ESTABLISHED FOR THE SOLE BENEFIT OF CDPG PURSUANT TO TflE TERMS OF THAT CERTAIN CITY OF CARLSBAD COASTAL SAGE SCRUB CONSERVATION PROGRAM DEPARTMENT OF FISH AND GAME AND FIELDSTONE/LA COSTA ASSOCIATES LIMITED PARTNERSHIP FUNDING AND MITIGATION AGREEMENT ("THE AGREEMENT") ENTERED INTO BETWEEN APPLICANT AND CDPG DATED , 2992. 3 • THIS CREDIT IS INTENDED BY THE PARTIES TO THE AGREEMENT TO BzVZ AS A. SECURITY DEVICE FOR THE PERFORMANCE BY APPLICANT OF ITS OBLIGATIONS UNDER THE AGREEMENT. UPON THE OCCURRENCE OF ANY DEFAULT BY APPLICANT AS DETERMINED BY C)PG IN ITS SOLE DISCRETION UNDER THE AGREEMENT, CDFG SHALL BE ENTITLED TO DRAW UPON THIS CREDIT BY PRESENTATION OP A DULY EXECUTED CERTIFICATE FOR DRAWING IN SUBSTANTIALLY THE SAME FORM AS ATTACHMENT A, ATTAcKED HERETO, AT OUR OFFICE LOCATED AT_____________ PAGEI ~i; 5. THE CERTIFICATE SHALL BE COMPLETED AND SIGNED BY AN "AUTHORIZED REPRESENTATIVE" AS DEFINED IN PARAGRAPH 12. PRESENTATION BY CDFG OF A COMPLETED CERTIFICATE MAY BE MADE IN PERSON OR BY REGISTERED MAIL, RETURN RECEIPT REQUESTED. 6. UPON PRESENTATION OF A DULY EXECUTED CERTIFICATE AS ABOVE PROVIDED, PAYMENT SHALL BE MADE TO CDPG, OR TO AN ACCOUNT DESIGNATED BY CDPG, IN IMMEDIATELY AVAILABLE FUNDS, XT SUCH TIME AND PLACE AS CDFG SALL SPECIFY. 7. FUNDS MAY BE DRAWN IN ONE OR MORE DRAWINGS NOT TO EXCEED THE PRINCIPAL BUM. B • IF A DEMAND FOR PAYMENT DOES NOT CONFORM TO THE TERMS OF THIS CREDIT, WE SHALL GIVE CDFG PROMPT NOTICE THAT THE DEMAND FOR PAYMENT WAS NOT EFFECTED IN ACCORDANCE WITH THE TERMS OF THIS CREDIT, STATE THE REASONS THEREFOR, AND AWAIT FURTHER INSTRUCTIONS. 9. UPON BEING NOTIFIED THAT THE DEMAND FOR PAYMENT WAS NOT EFFECTED IN CONFORMITY WITH THE CREDIT, CDFG MAY CORRECT ANY SUCH NON-CONFORMING DEMAND FOR PAYMENT. 10. ALL DRAWINGS UNDER THIS CREDIT SHALL BE PAID WITH OUR FUNDS. EACH DRAWING HONORED BY US HEREUNDER SHALL REDUCE, PRO TANTO, THE PRINCIPAL SUM. BY PAYING TO CDFG AN AMOUNT DEMANDED IN ACCORDANCE HEREWITH, WE MAKE NO REPRESENTATIONS AS TO THE CORRECTNESS OF THE AMOUNT DEMANDED. 21. THIS CREDIT WILL BE CANCT.TVfl IN WHOLE OR WILL BE PARTIALLY REDUCED UPON RECEIPT BY US OF A CERTIFICATE OF CANCELLATION OR CERTIFICATE OF PARTIAL REDUCTION, RESPECTIVELY, WHICH (I) SHAlL BE IN THE FORM SET FORTH IN ATTACHMENT B ATTACH !1) ERETO, AND (II) SHALL BE COMPLETED AND SIGNED BY ANY PERSON PURPORTING TO BE AN AUTHORIZED REPRESENTATIVE OF CDFG, AS DEFINED IN THE NEXT PARAGRAPH. IN THE EVENT THAT THIS CREDIT WILL BE PARTIALLY REDUCED, AN AMENDMENT TO THE CREDIT MUST BE ISSUED SUBJECT TO CDPG'S CONSENT. 3.2 • AN "AUTHORIZED REPRESENTATIVE" SHALL MEAN ONE OF THE FOLLOWING PERSONS: DIRECTOR OF CDFG, OR THE LEGAL ADVISOR OF cDFG. 13. COMMUNICATIONS WITH RESPECT TO THIS CREDIT SHALL BE IN WRITING AND ADDRESSED TO US AT • SPECIFICALLY REFERRING UPON SUCH WRITING TO THIS CREDIT BY NUMBER 14. THIS CREDIT MAY NOT BE TRANSFERRED OR ASSIGNED, Z111111 IN WHOLE OR IN PART. - 35. THIS CREDIT SHALL BE DEEMED A CONTRACT MADE UNDER THE LAWS PAGE 2 * I. 16. THIS CREDIT SHALL, IF NOT CANCVTFfl AS PROVIDED BEREIW, EXPIRE NO LATER THAN , 1993. THEREFORE, - HAS EXECUTEL, AND DELIVERED THIS IRREVOCABLE STANDBY LETTER OF CREDIT TO THE BENEFICIARY AS OF THE 4 PAGE 3 (o - ------ -. -. £0 • ATTACHMENT A TO CREDIT NUMBER CERTIFICATE FOR DRAWING SSUZR: ACCOUNT PAM/CUSTOMER: • FIELDSTONE/LA COSTA ASSOCIATES LTZD PARTNERSHIP • 14 CORPORATE PLAZA DR. NEWPORT BEACH, CA 92660 IRREVOCABLE LETTER OF CREDIT NO. (aCREDIT9 BENEFICIARY: CALIFORNIA DEPARTMENT OF PIER AND CA)( 3416 9TH STREET, 12TH FLOOR SACRAMENTO, CALIFORNIA 95814 THE UNDERSIGNED, A DULY AUTHORIZED REPRESENTATIVE OP THE CALIFORNIA DEPARTMENT OF PIER AND GAME (CDFG) (AS DEFINED IN THE ABOVE-REFERENCED CR.EDIT), E.EREBY CERTIFIES TO THE ISSUER TEAT: 1. IN THE OPINION OF CDFG, AN EVENT OF DEFAULT HAS OCCURRED AS CONTEMPLATED BY PARAGRAPH 3..d OF THE CITY OF CARLSBAD COASTAL SAGE SCRUB CONSERVATION PROGRAM DEPARTMENT OF FISH AND GAME AND FIELDSTONE/LA COSTA ASSOCIATES LIMITED PARTNERSHIP FUNDING AND MITIGATION (AGREEMENT". 2. THE UNDERSIGNED IS AUTHORIZED UNDER THE TERMS OF THE ABOVE-REFERENCED CREDIT TO PRESENT THIS CERTIFICATE AS THE SOLE MEANS OF DEMANDING PAYMENT ON THE CREDIT. 3 • CDFG IS THEREFORE HAlING A DRAWING UNDER THE ABOVE— REFERENCED CREDIT IN THE AMOUNT OF US $_________________ A. - AMOUNT DEMANDED DOES NOT ZXCw THE PRINCIPAL BUM. 5: SUMS RZCEivD SHALL BE USED BY CDPG IN ACCORDANCE WITH THE TERMS OF THE AGREEMENT. THEREFORE, THE CDFG HAS EXECUTED AND DELIVERED THIS CERTIFICATE AS OF THE DAY OF , 1992. • DEPARTMENT OF PIER AND GAME OF THE STATE OF CALIFORNIA BY: • TITLE: Authorized Representative IACDAZNTr B TO CREDIT NUMBER CERTIFICATE FOR PARTIAL REDUCTION ----------------- 1SsuK: ACCOUNT PARTY/CUSTOMER: FIELDSTONE/LA COSTA ASSOCIATES LIMITED PARTNERSHIP 14 CORPORATE PLAZA DRIVE NEWPORT BEACH, CA 92660 IRREVOCABLE LETTER OF CREDIT NO. (CREDIT) BENEFICIARY: CALIFORNIA DEPARTMENT OF FISH AND GAME 1416 9Th STREET, 12Th FLOOR SACRAMENTO, CALIFORNIA 93814 THE UNDERSIGNED, A DULY AUTHORIZED REPRESENTATIVE OF THE CALIFORNIA DEPARTMENT OF FISH AND GAME (CDFG) (AS DEFINED IN THE ABOVE-REFERENCED CREDIT), HEREBY CERTIFIES TO THE ISSUER THAT: 1. PURSUANT TO THE CITY OF CARLSBAD COASTAL SAGE SCRUB CONSERVATION PROGRAM DEPARTMENT OF FISH AND GAME AND FIELDSTONE/LA COSTA ASSOCIATES LIMITED PARTNERSHIP FUNDING AND MITIGATION AGREEMENT (THE "AGREEMENT") ENTERED INTO BETWEEN THE FIELDSTONE/LA COSTA ASSOCIATES LIMITED PARTNERSHIP ("APPLICANT") AND THE CDFG, APPLICANT HAS PRESENTED DOCUMENTARY EVIDENCE OF -PARTIAL COMPLIANCE WITH THE TERMS AND CONDITIONS OF THE AGREEMENT; 2 • CDFG THEREFORE REQUESTS PARTIAL REDUCTION OF THE ABOVE- REFERENCED CREDIT IN THE AMOUNT OF , IN ACCORDANCE WITH THE TERMS OF THE AGREEMENT. THEREFORE, THE CDPG OF THE STATE OF CALIFORNIA HAS UECUTED AND DELIVERED THIS CERTIFICATE AS OF THE DAY OF 1992. DEPARTMENT OF OF FISH AND GAME OF THE STATE OF CALIFORNIA BY: TITLE: AUTHORIZED REPRESENTATIVE • (h CERTIFICATE FOR CANCELLATION IRREVOCABLE LETTER OF CREDIT NO. ACCOUNT PARTY/CUSTOMER: FIELDSTONE/LA COSTA ASSOCIATES LIMITED PARTNERSHIP 14 CORPORATE PLAZA DRIVE NEWPORT BEACH, CA 92660 (CREDIT) BENEFICIARY: CALIFORNIA DEPARTHENT OF FISH AND CAKE 1416 9TH STREET, 12TH FLOOR SACRAiTO, CALIFORNIA 93814 THE UNDERSIGNED, A DULY AUTHORIZED REPRESENTATIVE OF THE CALIFORNIA DEPARTMENT OF FISH AND GAME (CDFG) (AS DEFINED IN THE ABOVE-REFERENCED CREDIT), HEREBY CERTIFIES TO TEE ISSUER THAT: 1. PURSUANT TO THE CITY OF CARLSBAD COASTAL SAGE ScRUB CONSERVATION PROGRAM DEPARTMENT OF FISH AND GAME AND FIELDSTONE/LA COSTA ASSOCIATES LIMITED PARTNERSHIP FUNDING AND MITIGATION AGREEMENT (TEE"AGREEMENT") ENTERED INTO BETWEEN THE FIELDSTONE/LA COSTA ASSOCIATES LIMITED PARTNERSEP (w.APPLICANTR) AND THE CDFG, APPLICANT HAS PRESENTED DOCUMENTARY EVIDENCE OF PULL COMPLIANCE WITH THE TERMS AND CONDITIONS OF THE AGREENENT; OR, THE NATURAL EXPIRATION OF THE CREDIT OCCURRED. 2. CDFG THEREFORE REQUESTS THE CANCELLATION OF THE ABOVE- REFERENCED CREDIT. THEREFORE, THE CDFG OF THE STATE OF CALIFORNIA HAS EXECUTED AND DELIVERED THIS CERTIFICATE AS OF THE DAY OF 1992. - DEPARTMENT OF FISH AND GAME OF THE STATE OF CALIFORNIA BY: - .4- TITLE: -- - AUTHORIZED REPRESENTATIVE EXHIBIT 5 IRREVOCABLE "STANDBY" LETTER OF CREDIT ISSUER: ACCOUNT PARTY/CUSTOMER: IRREVOCABLE LETTER OF CREDIT NO.: Dated: TO BENEFICIARY: California Department of Fish and Game 1416 9th Street, 12th Floor Sacramento, California 95814 Attention: Director Dear Sirs: 1. At the request and on the instructions of our CUSTOMER, ("Applicant"), we hereby establish in favor of the BENEFICIARY, the California Department of Fish and Game ("CDFG"), this Irrevocable Standby Letter of Credit ("CREDIT") in the Principal Sum of 2. This CREDIT is and has been established for the sole benefit of CDFG pursuant to the terms of the Management Agreement ("the Agreement") entered into between Applicant and CDFG , 1990. 3. This CREDIT is intended by the parties to the Agreement to serve as a security device for the performance by Applicant of its obligations under the Agreement. 4. Upon the occurence of any default by Applicant as determined by CDFG in its sole discretion under the Agreement, CDFG shall be entitled to draw upon this CREDIT by presentation of a duly executed CERTIFICATE FOR DRAWING in substantially the same form as Attachment A, attached hereto, at our office located at 5. The CERTIFICATE shall be completed and signed by an "Authorized Representative" as defined in paragraph 12. Presentation by CDFG of a completed CERTIFICATE may be made in person or by registered mail, return receipt requested. 6. Upon presentation of a duly executed CERTIFICATE as above provided, payment shall be made to CDFG, or to an account designated by CDFG, in immediately available funds, at such time and place as CDFG shall specify. Q D I go a 7. Funds may be drawn in one or more drawings not to exceed the Principal Sum. 8. If a demand for payment does not conform to the terms of this. CREDIT, we shall give CDFG prompt notice that the demand for payment was not effected in accordance with the terms of this CREDIT, state the reasons therefor, and await further instructions. 9. Upon being notified that the demand for payment was not effected in conformity with the CREDIT, CDFG may correct any such non-conforming demand for payment. 10. All drawings under this CREDIT shall be paid with our funds. Each drawing honored by us hereunder shall reduce, tanto, the Principal, Sum. By paying to CDFG an amount demanded in accordance herewith, we make no representations as to the correctness of the amount demanded. 11. This CREDIT will be cancelled in whole or in part upon receipt by us of a CERTIFICATE OF CANCELLATION, which (i) shall be in the form of Attachment B attached hereto, and (ii) shall be completed and signed by any person purporting to be an Authorized Representative, as defined in the next paragraph. 12. An "Authorized Representative" shall mean one of the following persons: Director of the Department of Fish and Game, or the Legal Advisor of the Department of Fish and Game. 13. Communications with respect to this CREDIT shall be in writing and addressed to us at ___________________________________ specifically referring upon such writing to this CREDIT by number. 14. This CREDIT may not be transferred or assigned, either in whole or in part. 15. This CREDIT shall be deemed a contract made under the laws of the State of California. 16. This CREDIT shall, if not cancelled as provided herein, expire no later than of the date of its execution. THEREFORE, has executed and delivered this IRREVOCABLE STANDBY LETTER OF CREDIT to the BENEFICIARY as of the day of , 19 (2) ATTACHMENT A TO EXHIBIT 5 CERTIFICATE FOR DRAWING ISSUER: ACCOUNT PARTY/CUSTOMER: IRREVOCABLE LETTER OF CREDIT NO.: BENEFICIARY: California Department of Fish and Game - - 1416 9th Street, 12th Floor Sacramento, California 95814 The undersigned, a duly Authorized Representative of the California Department of Fish and Game (CDFG) (as defined in the above-referenced CREDIT), hereby certifies to the ISSUER that: 1. In the opinion of CDFG, an Event of Default has occurred as defined in paragraph 7 of the Agreement. 2. The undersigned is authorized under the terms of the above-referenced CREDIT to present this CERTIFICATE as the sole means of demanding payment on the CREDIT. 3. CDFG is therefore making a drawing under the above- referenced CREDIT in the amount of $ 4. The amount demanded does not exceed the Principal Sum. 5. Sums received shall be used by CDFG in accordance with the terms of the Agreement. THEREFORE, the CDFG has executed and delivered this CERTIFICATE as of the day of _ , 19. DEPARTMENT OF FISH AND GAME OF THE STATE OF CALIFORNIA By: Title: Authorized Representative ATTACHMENT B TO EXHIBIT 5 CERTIFICATE FOR CANCELLATION ISSUER: ACCOUNT PARTY/CUSTOMER: IRREVOCABLE LETTER OF CREDIT NO.: BENEFICIARY: California Department of Fish and Game 1416 9th Street, 12th Floor Sacramento, California 95814 The undersigned, a duly Authorized Representative of the California Department of Fish and Game (CDFG) (as defined in the above-referenced CREDIT), hereby certifies to the ISSUER that: 1. Pursuant to the Agreement entered into between ("Applicant") and the CDFG, Applicant has presented documentary evidence of full compliance with the terms and conditions of the Agreement, or, the natural expiration of the CREDIT has occured. 2. CDFG therefore requests the cancellation of the above- referenced CREDIT. THEREFORE, the CDFG of the State of California has executed and delivered this CANCELLATION as of the day of 19 DEPARTMENT OF FISH AND GAME OF THE STATE OF CALIFORNIA By: Title: Authorized Representative Continental Bank HAft CABLE ADDRESS: Conil Bank Telex 02-5233 • SWIFT ADDRESS: CNTLUS44 • TELEFAX NUMBER: 987-6828 PAGE: 1 DATE: FEBRUARY 11, 1992 AMENDMENT TO IRREVOCABLE STANDBY CREDIT NUMBER: C7193852 AMENDMENT NUMBER 1 BENEFICIARY CALIFORNIA DEPARTMENT OF FISH AND GAME, ATTN: DIRECTOR 1416 9TH STREET, 12TH FLOOR SACRAMENTO, CALIFORNIA 95814 APPLICANT FIELDSTONE / LA COSTA ASSOCIATES LIMITED PARTNERSHIP 14 CORPORATE PLAZA DRIVE NEWPORT BEACH, CA 92660 THIS AMENDMENT IS TO BE CONSIDERED AN INTEGRAL PART OF THE ABOVE CREDIT AND MUST BE ATTACHED THERETO. THE ABOVE -MENTIONED CREDIT IS AMENDED AS FOLLOWS: THE DATE OF EXPIRY IS AMENDED TO: FEBRUARY 15, 1993 ITEM NOS. 2 1 3 1 11, AND 16 ARE AMENDED TO READ AS FOLLOWS: 2. THIS CREDIT IS AND HAS BEEN ESTABLISHED FOR THE SOLE BENEFIT OF CDFG PURSUANT TO THE TERMS OF THAT CERTAIN CITY OF CARLSBAD COASTAL SAGE SCRUB CONSERVATION PROGRAM DEPARTMENT OF FISH AND GAME AND FIELDSTONE/LA COSTA ASSOCIATES LIMITED PARTNERSHIP, A CALIFORNIA LIMITED PARTNERSHIP FUNDING AND MITIGATION AGREEMENT (THE "AGREEMENT") ENTERED INTO BETWEEN APPLICANT AND CDFG DATED , 1992. 3.THIS CREDIT IS INTENDED BY THE PARTIES TO THE AGREEMENT TO SERVE AS A SECURITY DEVICE FOR THE PERFORMANCE BY APPLICANT OF ITS OBLIGATIONS UNDER THE AGREEMENT. 11. THIS CREDIT WILL BE CANCELLED IN WHOLE OR REDUCED PARTIALLY UPON RECEIPT BY US OF A CERTIFICATE OF CANCELLATION, WHICH (I) SHALL BE IN THE FORM OF ATTACHMENT B ATTACHED HERETO, AND (II) SHALL BE COMPLETED AND SIGNED BY ANY PERSON PURPORTING TO BE AN AUTHORIZED REPRESENTATIVE, AS DEFINED IN THE NEXT PARAGRAPH. IN CASE OF A PARTIAL REDUCTION, THE LETTER OF CREDIT WILL BE REDUCED BY AN AMENDMENT SUBJECT TO THE BENEFICIARY'S WRITTEN CONSENT. 16. THIS CREDIT SHALL, IF NOT CANCELLED AS PROVIDED HEREIN, EXPIRE NO LATER THAN FEBRUARY 15, 1993 OF THE DATE OF ITS EXECUTION. ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED. IF YOU REQUIRE ANY ASSISTANCE OR HAVE ANY QUESTIONS REGARDING THIS AMENDMENT, PLEASE CALL 312-923-5924. CONTINENTAL BANK, NATIONAL ASSOCIATION FOR CASHIER FOR CASHIER THIS DOCUMENT CONSISTS OF 1 PAGE(S). Ll COPY Continental Bank N.A. CABLE ADDRESS: Conil Bank Telex 02-5233 • SWIFT ADDRESS: CINB US 44 • TELEFAX NUMBER: 987-6828 ATTACHMENT A TO CREDIT NO. C7193852 CERTIFICATE FOR DRAWING ISSUER: CONTINENTAL BANK N.A. 231 SOUTH LASALLE STREET CHICAGO, ILLINOIS 60697 ACCOUNT PARTY/CUSTOMER: FIELDSTONE/LA COSTA ASSOCIATES LIMITED PARTNERSHIP 14 CORPORATE PLAZA DRIVE NEW PORT BEACH, CA 92660.. IRREVOCABLE LETTER OF CREDIT NO. C7193852 BENEFICIARY: CALIFORNIA DEPARTMENT OF FISH AND GAME 1416 9TH STREET, 12TH FLOOR SACRAMENTO, CALIFORNIA 95814 THE UNDERSIGNED, A DULY AUTHORIZED REPRESENTATIVE OF THE CALIFORNIA DEPARTMENT OF FISH AND GAME (CDFG) (AS DEFINED IN THE ABOVE-REFERENCED CREDIT), HEREBY CERTIFIES TO THE ISSUER THAT: 1. IN THE OPINION OF CDFG, AN EVENT OF DEFAULT HAS OCCURRED AS DEFINED IN PARAGRAPH 1D OF THE AGREEMENT. 2. THE UNDERSIGNED IS AUTHORIZED UNDER THE TERMS OF THE ABOVE-REFERENCED CREDIT TO PRESENT THIS CERTIFICATE AS THE SOLE MEANS OF DEMANDING PAYMENT ON THE CREDIT. 3. CDFG IS THEREFORE MAKING A DRAWING UNDER THE ABOVE- REFERENCED CREDIT IN THE AMOUNT OF US$____________________ 4. THE AMOUNT DEMANDED DOES NOT EXCEED THE PRINCIPAL SUM. 5. SUMS RECEIVED SHALL BE USED BY CDFG IN ACCORDANCE WITH THE TERMS OF THE AGREEMENT. THEREFORE, THE CDFG HAS EXECUTED AND DELIVERED THIS CERTIFICATE AS OF THE DAY OF , 1992. DEPARTMENT OF FISH AND GAME OF THE STATE OF CALIFORNIA BY: TITLE: AUTHORIZED REPRESENTATIVE C4_4) 4 ( S. J Continental Bank NA. CABLE ADDRESS: Conil Bank Telex 02-5233 • SWIFT ADDRESS: CINB US 44 S TELEFAX NUMBER: 987-6828 ATTACHMENT B TO CREDIT NO. C7193852 CERTIFICATE FOR CANCELLATION ISSUER: CONTINENTAL BANK N.A. 231 SOUTH LASALLE STREET CHICAGO, ILLINOIS 60697 ACCOUNT PARTY/CUSTOMER: FIELDSTONE/LA COSTA ASSOCIATES LIMITED PARTNERSHIP 14 CORPORATE PLAZA DRIVE NEW PORT BEACH, CA 92660.. IRREVOCABLE LETTER OF CREDIT NO. C7193852 BENEFICIARY: CALIFORNIA DEPARTMENT OF FISH AND GAME 1416 9TH STREET, 12TH FLOOR SACRAMENTO, CALIFORNIA 95814 THE UNDERSIGNED, A DULY AUTHORIZED REPRESENTATIVE OF THE CALIFORNIA DEPARTMENT OF FISH AND GAME (CDFG) (AS DEFINED IN THE ABOVE-REFERENCED CREDIT), HEREBY CERTIFIES TO THE ISSUER THAT: 1. PURSUANT TO THE CITY OF CARLSBAD COASTAL SAGE SCRUB CONSERVATION PROGRAM DEPARTMENT OF FISH AND GAME AND FIELDSTONE/ LA COSTA ASSOCIATES LIMITED PARTNERSHIP, A CALIFORNIA LIMITED PARTNERSHIP FUNDING AND MITIGATION AGREEMENT ENTERED INTO BETWEEN FIELDSTONE/LA COSTA ASSOCIATES LIMITED PARTNERSHIP, A CALIFORNIA LIMITED PARTNERSHIP ("APPLICANT') AND THE CDFG, APPLICANT HAS PRESENTED DOCUMENTARY EVIDENCE OF NECESSARY COMPLIANCE WITH THE TERMS AND CONDITIONS OF THE AGREEMENT, OR, THE NATURAL EXPIRATION OF THE CREDIT OCCURED. 2. CDFG THEREFORE REQUESTS THE CANCELLATION OF THE ABOVE- REFERENCED CREDIT IN THE AMOUNT OF $_______________________ THEREFORE, THE CDFG OF THE STATE OF CALIFORNIA HAS EXECUTED AND DELIVERED THIS CERTIFICATE AS OF THE DAY OF , 1992. DEPARTMENT OF FISH AND GAME OF THE STATE OF CALIFORNIA BY: TITLE: AUTHORIZED REPRESENTATIVE 4 . 01 0 Continental Bank CABLE ADDRESS: Conil Bank Telex 02-5233 • SWIFT ADDRESS: CNTLUS44 • TELEFAX NUMBER: 987-6828 PAGE: 1 DATE: JANUARY 29, 1992 IRREVOCABLE DOCUMENTARY CREDIT NUMBER: C7193852 BENEFICIARY APPLICANT CALIFORNIA DEPARTMENT OF FISH AND FIELDSTONE / LA COSTA ASSOCIATES GAME, ATTN: DIRECTOR LIMITED PARTNERSHIP 1416 9TH STREET, 12TH FLOOR 14 CORPORATE PLAZA DRIVE SACRAMENTO, CALIFORNIA 95814 NEWPORT BEACH, CA 92660 AMOUNT USD 200,000.00 TWO HUNDRED THOUSAND AND 001100 -S US DOLLARS EXPIRY JANUARY 15, 1993 AT OUR COUNTERS 1. AT THE REQUEST AND ON THE INSTRUCTIONS OF OUR CUSTOMER FIELDSTONE/ LA COSTA ASSOCIATES ("APPLICANT"), WE HEREBY ESTABLISH IN FAVOR OF THE BENEFICIARY, THE CALIFORNIA DEPARTMENT OF FISH AND GAME ("CDFG"), THIS IRREVOCABLE STANDBY LETTER OF CREDIT ("CREDIT") IN THE PRINCIPAL SUM OF US$ 200,000.00. 2. THIS CREDIT IS AND HAS BEEN ESTABLISHED FOR THE SOLE BENEFIT OF CDFG PURSUANT TO THE TERMS OF THAT CERTAIN CITY OF CARLSBAD COASTAL SAGE SCRUB CONSERVATION PROGRAM DEPARTMENT OF FISH AND GAME/THE FIELDSTONE COMPANY PHASE I FUNDING AND MIT IGATION AGREEMENT ("THE AGREEMENT") ENTERED INTO BETWEEN APPLICANT AND CDFG DATED , 1992. 3. THIS CREDIT IS ENTENDED BY THE PARTIES TO THE AGREEMENT TO SERVE AS A SECURITY DEVICE FOR THE PERFORMANCE BY APPLICANT OF ITS OBLIGATIONS UNDER THE AGREEMENT. 4.UPON THE OCCURENCE OF ANY DEFAULT BY APPLICANT AS DETERMINED BY CDFG IN ITS SOLE DISCRETION UNDER THE AGREEMENT, CDFG SHALL BE ENTITLED TO DRAW UPON THIS CREDIT BY PRESENTATION OF A DULY EXECUTED CERTIFICATE FOR DRAWING IN SUBSTANTIALLY THE SAME FORM AS ATTACHMENT A, ATTACHED HERETO, AT OUR OFFICE LOCATED AT 231 SOUTH LASALLE STREET, CHICAGO, ILLINOIS 60697, ATTN: LETTERS OF CREDIT - 1580. 5. THE CERTIFICATE SHALL BE COMPLETED AND SIGNED BY AN "AUTHORIZED REPRESENTATIVE" AS DEFINED IN PARAGRAPH 12. PRESENTATION BY CDFG OF A COMPLETED CERTIFICATE MAY BE MADE IN PERSON OR BY REGISTERED MAIL, RETURN RECEIPT REQUESTED. 6. UPON PRESENTATION OF A DULY EXECUTED CERTIFICATE AS ABOVE PROVIDED, PAYMENT SHALL BE MADE TO CDFG, OR TO AN ACCOUNT DESIGNATED BY CDFG, IN IMMEDIATELY AVAILABLE FUNDS, AT SUCH TIME AND PLACE AS CDFG SHALL SPECIFY. 7. FUNDS MAY BE DRAWN IN ONE OR MORE DRAWINGS NOT TO EXCEED THE PRINCIPAL SUM. 8. IF A DEMAND FOR PAYMENT DOES NOT CONFORM TO THE TERMS OF THIS CREDIT, WE SHALL GIVE CDFG PROMPT NOTICE THAT THE DEMAND FOR PAYMENT WAS NOT EFFECTED IN ACCORDANCE WITH THE TERMS OF THIS CREDIT, STATE THE REASONS THEREFOR, AND AWAIT FURTHER INSTRUCTIONS. 0 ORIGINAL P1 FAqP AflflPP' Tr'. Continental Bank 40 CABLE ADDRESS: Conil Bank Telex 02-5233 • SWIFT ADDRESS: CNTLUS44 • TELEFAX NUMBER: 987-6828 PAGE: 2 THIS IS AN INTEGRAL PART OF LETTER OF CREDIT NUMBER: C7193852 9. UPON BEING NOTIFIED THAT THE DEMAND FOR PAYMENT WAS NOT EFFECTED IN CONFORMITY WITH THE CREDIT, CDFG MAY CORRECT ANY SUCH NON-CONFORMING DEMAND FOR PAYMENT. 10. ALL DRAWINGS UNDER THIS CREDIT SHALL BE PAID WITH OUR FUNDS. EACH DRAWING HONORED BY US HEREUNDER SHALL REDUCE, PRO TANTO, THE PRINCIPAL SUM. BY PAYING TO CDFG AN AMOUNT DEMANDED IN ACCORDANCE HEREWITH, WE MAKE NO REPRESENTATIONS AS TO THE CORRECTNESS OF THE AMOUNT DEMANDED. 11. THIS CREDIT WILL BE CANCELLED IN WHOLE UPON RECEIPT BY US OF A CERTIFICATE OF CANCELLATION, WHICH (I) SHALL BE IN THE FORM OF ATTACHMENT B ATTACHED HERETO, AND (II) SHALL BE COMPLETED AND SIGNED BY ANY PERSON PURPORTING TO BE AN AUTHORIZED REPRESENTATIVE, AS DEFINED IN THE NEXT PARAGRAPH. 12. AN "AUTHORIZED REPRESENTATIVE" SHALL MEAN ONE OF THE FOLLOWING PERSONS: 13'IRECTOR OF THE DEPARTMENT OF FISH AND GAME, OR THE LEGAL ADVISOR OF THE DEPARTMENT OF FISH AND GAME. 13. COMMUNICATIONS WITH RESPECT TO THIS CREDIT SHALL BE IN WRITING AND ADDRESSED TO US AT 231 SOUTH LASALLE STREET, CHICAGO, ILLINOIS 60697, ATTENTION: LETTERS OF CREDIT - 1580, SPECIFICALLY REFERRING UPON SUCH WRITING TO THIS CREDIT BY NUMBER C7193852. 14. THIS CREDIT MAY NOT BE TRANSFERRED OR ASSIGNED, EITHER IN WHOLE OR IN PART. 15. THIS CREDIT SHALL DE DEEMED A CONTRACT MADE UNDER THE LAWS OF THE STATE OF CALIFORNIA. 16. THIS CREDIT SHALL, IF NOT CANCELLED AS PROVIDED HEREIN, EXPIRE NO LATER THAN JANUARY 15, 1993 OF THE DATE OF ITS EXECUTION. THEREFORE, CONTINENTAL BANK N.A. HAS EXECUTED AND DELIVERED THIS IRREVOCABLE STANDBY LETTER OF CREDIT TO THE BENEFICIARY AS OF THE 29TH DAY OF JANUARY, 1992. IF YOU REQUIRE ANY ASSISTANCE OR HAVE ANY QUESTIONS REGARDING THIS TRANSACTION, PLEASE CALL 312-923-5916. CONTINENTAL BANK, NATIONAL ASSOCIATION e & a Z~K, 6N, o,,eA,-fz o,-&vgr"-,5 ------------------ ---------------------- FOR CASHIER 4' FOR CASHIER / THIS DOCUMENT CONSISTS OF 2 PAGE(S). / ORIGINAL P1 9:ACr Anrrrø" - ) a 1: Z9T1T 1QR!ZNNT. This Agreement in made on December 8, 1989 between the. San Dieguito Union High School Diatrict, a California School District, hereinafter referred to as 'San Dieguito" and The Fieldstone/La Costa Associates Limited Partn.rhip, * California Limited Partnership, 5465 Noraheuse, Suite 250, San Diego, California 92009, hereinafter referred to as /11 WI1$Z882TU1 WHEREAS, on October 23, 1930 Buyer and LaCo5ta Land Company, the predecessor in Interest to-Fieldstone, entered 'into an agreement to have approximately BO acres in a subdivision being developed by LaCasta Land Company set aside as a high school site; and WHEREAS, San Dieguito has agreed to purchase from fieldstone the approximately 50 acre mite vonsisting of 57.19 acres as specified in the Real Zstate Purchase Contract dated December 6, 1959; and WHEREAS, pursuant to Education code section 41032 San Dieguito may accept a gift of land subject to Conditions wfli.cfl the Governing Board of .San Diegui.to may prescribe; and WHEREAS, Fieldstone desires to convey to San Dieguito the remaining 30.81 acres of an 88 acre site of which San Dieguito has agreed to purchase 57.19 acres as specified in the Real Estate Purchase Contract between San Dieguito and Fieldstone dated December 8, 1989: NOW THEREFORE, the parties hereto do mutually agree as follows; 1.. San Dieguito agrees to accept and Fieldstone agrees to convey by grant deed the hereinafter described real property situated in the City of Carlsbad, County of San Diego, California, subject to the condition that Fieldstone agrees to maintain the 30.81 acres in a sate and clean condition for a period not to exceed fifteen (15) years and no less than ten (10) years from the date of close of escrow as specified herein. After the minimum period of maintenance of tan (10) years, Fieldstone may, at any time after sixty (60) days written notice to San Diaguito, terminate its obligations to maintain the property. Notice shall be sent by certified mail to the attention of San Diaguità's District superintendent at the San Dieguito District administrative offices and shall be deemed received three days after the date of deposit in the U.S. Nail. - - 0- QV , lOM CD Maintenance shall include regular maintenance at least once every six months, to clear brush and litter and shall' Include: 1) reasonable maintenance as requested by San Diequi.th including but not limited to more frequent clearance of litter and brush as necessary; 2) any and all maintenance as necessary to comply with any and all applicable laws, ordinances and regulations; and 3) any and all maintenance as necessary to fulfill fire department recommendations for proper and safe maintenance of the property. Fieldstone will be permitted all reasonable access to this property upon prior approval of the District Superintendent. District understands from time to time Fieldstone may propose landscape improvements to the property at Fieldstone's expense. Such Improvements will be subject to prior written approval of District. In determining whether to approve Fieldstone's proposals, District will consider all aspects of the proposed landscaping including safety concerns and water conservation noods at the District. Approval of landscape or vegetation plans will not ba unreasonably withheld. If San Dioguito uses the slope area for biological and/or environmental mitigation, San Diaguito will undertake such mitigation at its own expense. Should any such mitigation measures undertaken by San Dieg*aito 'require either maintenance or monitoring different from the maintenance-and/or monitoring-then being performed on the site by Fieldstone, Can Dieguito shell be responsible for undertaking that maintenance and/or monitoring at its Own expense. Fieldstone shell have the right, reserved in the ?rant deed attached as Exhibit D, to ue the property for appropriate biological mitigation, including the mitigation of offsite effects of Fieldstone's development activity elsewhere in the La Costa -area. Any such use of the property for, mitigation shall be on the following terms and conditions: (a) Fieldstone shall prepare and submit landscape or vegetation plans to District for review and approval. In determining whether to approve any • proposed mitigation activity, DistriCt will consider all aspects of the landscaping proposal, including without limitation safety concerns and water conservation needs of District. If any use of the property by Fieldstone is proposed for the purpose of bioloioal mitigation, Fieldstone will advise San Dieguito in writing who requested such mitigation, when the mitigation was requested, the purposes of the mitigation and how t4e mitigation is to be accomplished. Approval .of landscape or vegetation plans, including mitigation plans, will not be unreasonably Withheld. (3 ,4$'I.I.Wv1* V VQVt v'iqri' UIQOIl4U# 4/ U - () (b) Fieldstone shall accomplish all mitigation at its sole cost and expense, and shall thereafter maintain the landscaping throughout the term of this contract. Fieldstone shall also be responsible for any and all mitigation monitoring activities and/or requirements imposed on Fieldstone for the full period of time during which any such mitigation monitoring activities and/or requirements may be imposed on, agreed to by or voluntarily undertaken by Fieldstone. (c) District shall have no liability for any loss or-damage arising during Fieldstone's landscape installation or maintenance activity on District's property. Fieldstone will indemnify.and 'hold District tree and harmless from any and all actions, causes of action,, claims, lien or other proceedings, jUdgments, obligations, damages, losses or other liabilities, and from all costs incurred in connection with the defense of any such claim or claims, including attorney's fao and casts arising from or arising out of Fieldstone's actions on District's property during any and all landscaping installation or maintenance for any purpose Whathor for mitigation or otherwise. It is understood by -the parties that Fieldstone's conveyance of the property is a gift to Lan Dieguito subject to the terms of this Agreement and pursuant to the authority of Education Code section 41032. 2. The property which is the subject of this agreement ±3 described in Exhibit A which is attached hereto and incorporated herein by reference. 3. Fieldstone will dep6sit in escrow with First American Title Escrow Company the grant deed for .the property on or berore the close of escrow. The form of such grant deed is attached hereto as Exhibit "3." 4. Title to the subject property shall pass immediately upon close of escrow. Possession will be delivered 'to San Dieguito on close of escrow. 5. Unless otherwise designated in the escrow instructions of San Dieguito, title shall vest in San Dieguito Union High School District. 60 Fieldstone shall convey fee title to the property to San Dieguito, and shall furnish San Dieguito at Fieldstone's expense with a California' Land Title Association Title standard owner's policy of title insurance, issued by First American Title Insurance company ("Title Insurer"), insuring that fee title is vested in San Dieguito subject only to: (a) the matters referred 3 0 SENT 6YMcDonaId Hecflt&SoI 8- 8-$U , 3 1$PM , 61$$311$46# 5/ 6 to in Part I, Schedule B of the printed title polIcy .form (b) general and special real estate taxes which are, as of the close of escrow, not delinquent: (a) the .ceptione to coverage referred to in items 4 through 6 of the Preliminary Report issued by Title Insurer as of &Tune 29, 1989 under Order No 990975-14; and (d) any liens voluntarily imposed by Buyer. If Fieldstone (a) is unwilling or unable to eliminate any title matter disapproved by San Dieguito, Fieldstone may terminate this agreement, or (b) fails to deliver title as apecified above, San Dieguito may terminate this agreement. - 7. San Dieguito and Fieldstone shall deliver signed instructions to the escrow holder within fifteen (15) days from the effective date of this contract. The escrow instructions shall provide for closing concurrent with the close of the escrow provided for in the Real Estate Purchase Contract between San Dieguito and Fieldstone dated December 8, 1989. In no event shall the escrow for this conveyance close before the close of escrow pertaining to the Real . Estate Purchase Contract. between San Dieguito and Fieldstone dated December 8, 1989. rsbrow tees shall be paid as follows: one halt (1/2) by Seller and one half (1/2) by Buyer. 8. The completion-of escrow shall be subject to the following: () San Dieguito's compliance with requirements Imposed by the California Environmental Quality Act (Pub. Res. Code, § 21000 et seq.) (b) Close of escrow for the purchase by San Dieguito Union High School District of 57.19 acres of buildable site from the Fieldstone Company, as more particularly described In the Real Estate Purchase Contract dated December 8, 1989. If any of the conditions set forth in this paragraph are not fulfilled during the term of the escrow, or any extension thereof, then this Agreement pertaining to the acquisition of the subject property entered into between San Dieguito and Fieldstone, and any escrow agreement entered into in connection with this Agreement, shall be automatically terminated and shall have no force or effect. 9. Property taxes shall be prorated as of the date of recordation of the deed. Fieldstone shall pay all property taxes relating to the period of time prior to the recordation of the deed. Any bond or assessment which is a lien shall be paid by Fieldstone. San Dieguito shall pay the cost of transfer taxes, if any. 4 (9 SENT' yMcDonaid Hecn5130I1 6- s-SQ ; 3;20PM ; 34 6122311844; 0 10. Fieldstone shall pay all prepayment penalties, reconveyance fees, trustees' or forwarding fees for any recOnveyance of deed of trust or release of mortgage incurred in this transaction, 11. In any action or proceeding arising out of this agreement the prevailing party shall be entitled to reasonable attorneys fees and costs. 12. Time-is of the essence. All modifications or extensions shall be in writing signed by the parties. 13. This agreement shall inure to the benefit of and be binding upon the successors-in-interest, heirs, legatees, assigns and personal representatives of the parties hereto. San Dieguito shall, not1 assign this Agreement without the prior written consent of Fieldstone. 14. The person signing this Agreement on behalf of Sailer represents and warrants that he has Lull authority to do so and that this Agreement binds Fieldstone Company/La Costa Assoiats Limited, a California Limited Partnership.. IN WITNESS WHEIEOF, San Diaguito and Fieldstone have executed this contract effective am of the date first written above.- SAN flIEtJITO UNION HIGH' FIELDSTONE/LA, COSTA ASSOCIATES SCHOOL DISTRICT LIMITED PARTNERSHIP, a California limited partnership BYz THE FIELDSTONE COMPANY, if California corporation, it - General Partner By J anstin, Regional Manager By REVISED: 5/19/89 6/19/89 6/28/89 9/7/89 11/16/89 12/4/89 5 0 0• NO DOCUMENTARY TAX DUE • R&T Code 11922 Presented for record by the San Dieguito Union High School District AFTER RECORDING MAIL TO: San Dieguito Union High School District 710 Encinitas Blvd. Encinitas, California 92024-3357 Attention: Mr. Eric J. Hall GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, FIELDSTONE/LA COSTA ASSOCIATES LIMITED PARTNERSHIP, a California limited partnership ("Fieldstone"), hereby GRANTS to SAN DIEGUITO UNION HIGH SCHOOL DISTRICT ("District"), that certain real property in the City of Carlsbad, County of San Diego, State of California, more particularly described on Exhibit 1" attached hereto and by this reference incorporated herein (the "Property"). RESERVING THEREFROM the sole right and power in Fieldstone to use the Property for appropriate biological mitigation, including the mitigation of offsite effects of Fieldstone's development activity elsewhere in the La Costa area. Any such use of the property for mitigation shall be on the following terms and conditions: (a) Fieldstone shall prepare and submit landscape or vegetation plans to District for review and approval. In determining whether to approve any proposed mitigation activity, District will consider all aspects of the landscaping proposal, including without limitation safety concerns and water conservation needs of District. If any use of the Property by Fieldstone is proposed for the purpose of biological mitigation, Fieldstone shall advise District in writing who requested the mitigation, when the mitigation was requested, the purposes of the mitigation and how the mitigation is to be accomplished. Approval of landscape or vegetation plans, including mitigation plans, shall not be unreasonably withheld by District. (b) Fieldstone shall accomplish all mitigation at its sole cost and expense, and shall thereafter maintain the landscaping until the earlier of fifteen (15) years from the date of recordation of this deed or sixty (60) days after delivery by Fieldstone of written notice of termination, which notice shall in no event be given before ten (10) years after recordation of. this deed. Fieldstone shall also be responsible for any and all mitigation monitoring activities and/or requirements imposed on Fieldstone for the full period of time during which any such mitigation monitoring activities and/or requirements may be imposed on, agreed to by or voluntarily undertaken by Fieldstone. n 12/26/89 -1- 0 (c) District shall have no liability for any loss or damage arising during Fieldstone's landscape installation or initial maintenance activity on the Property. Fieldstone will indemnify and hold District free and harmless from any and all actions, causes of action, claims, liens or other proceedings, judgments, obligations, damages, losses or other liabilities, and from all costs incurred in connection with the defense of any such claim or claims, including attorney's fees and costs arising from or arising out of Fieldstone's actions on the Property during any and all landscaping installation or maintenance for any purpose whether for mitigation or otherwise. THIS GRANT DEED is made and accepted upon all covenants, conditions, restrictions, reservations and easements of record. IN WITNESS WHEREOF, this instrument has been executed by Fieldstone this day of ,19_. FIELDSTONE/LA COSTA ASSOCIATES LIMITED PARTNERSHIP, a California limited partnership BY: THE FIELDSTONE COMPANY, a California corporation, its General Partnr By JIM HANSEN, Regional Manager By 12126/89 -2- 0 (7- - 0* STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO ) On this day of , 19, before me, a Notary Public in and for said state, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the , and personally known to me (or proved to me on the basis of satisfactory evidence) to be the of THE FIELDSTONE COMPANY, the corporation that executed the within instrument and known to me to be the persons who executed the within instrument on behalf of said corporation, said corporation being known to me to be the general partner of FIELDSTONE/LA COSTA ASSOCIATES LIMITED PARTNERSHIP, the limited partnership that executed the within instrument, and acknowledged to me that sãch corporation executed the same as such partner and that such partnership executed the same. WITNESS my hand and official seal. NOTARY PUBLIC ri 12/26/89 -.3- 00 Exhibit 'I• to Grant Deed The Property ORDER NO. 990975-14 Ll LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: LOT 44 OF CARLSBAD TRACT NO. 75-9(B) UNIT NO. 1, ACCORDING TO MAP THEREOF NO. 9958, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 31, 1980, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. EXCEPTING THEREFROM THE FOLLOWING DESCRIBED LAND: BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID LOT 44, BEING A POINT ON THE ARC OF A 930.00 FOOT RADIUS CURVE CONCAVE WESTERLY, A RADIAL TO SAID POINT BEARS SOUTH 87 0 33 1 57" EAST; THENCE NORTHERLY ALONG THE WESTERLY LINE OF SAID LOT 44 AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 323 0 20", A DISTANCE OF 55.01 FEET; THENCE LEAVING SAID WESTERLY LINE ON A RADIAL BEARING TO SAID CURVE, NORTH 89 0 04 1 43" EAST, 50.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 74 °26'56" EAST, 749.21 FEET; THENCE NORTH 1 0 14'28" EAST, 98.61 FEET TO THE BEGINNING OF A TANGENT 320.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 25 0 16 1 17", A DISTANCE OF 141.14 FEET TO A POINT OF COMPOUND CURVATURE WITH A 170.00 FOOT RADIUS CURVE; THENCE NORTHEASTERLY ALONG THE ARC OF SAID COMPOUND CURVE THROUGH A CENTRAL ANGLE OF 5002911511, A DISTANCE OF 149.80 FEET; THENCE NORTH 77 0 00 1 00" EAST, 105.00 FEET; THENCE NORTH 10 9 51 1 36" EAST, 45.00 FEET; THENCE NORTH 48°09'38" EAST, 100.00 FEET; THENCE NORTH 8100 1 02" EAST, 116.38 FEET; THENCE NORTH 54 0 28 1 37" EAST, 190.00 FEET; THENCE SOUTH 88 0 11'15" EAST, 498.53 FEET; THENCE NORTH 35 0 00'00" EAST, 248.53 FEET; THENCE NORTH 0504515211 WEST, 72.67 FEET TO THE BEGINNING OF A TANGENT 130.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 900001001*, A DISTANCE OF 204.20 FEET; THENCE NORTH 84 0 14'08" EAST, 133.77 FEET; THENCE NORT? 05 0 45 1 52" WEST, 203.56 FEET; THENCE NORTH 48°15 1 49" WEST, 660.70 FEET; THENCE SOUTH 61 0 30 1 36" WEST, 564.71 FEET; THENCE NORTH 58 0 20'08" WEST, 396.85 FEET; THENCE NORTH 49 0 08 1 59" WEST, 187.92 FEET TO AN ANGLE POINT IN THE BOUNDARY OF SAID LOT 44; THENCE SOUTHWESTERLY, NORTHWESTERLY, AND NORTHEASTERLY ALONG SAID BOUNDARY THE FOLLOWING 9 COURSES: SOUTH 51 0 40 1 30" WEST, 136.00 FEET; THENCE SOUTH 3702013611 WEST, 104.67 FEET; THENCE SOUTH 53 0 15'28" WEST, 62.18 FEET; THENCE SOUTH 81°31'02" WEST, 71.00 FEET; THENCE NORTH 69 0 28 1 45" WEST 68.78 FEET THENCE NORTH.59 0 56 1 02" WEST, 29.61 FEET; THENCE NORTH 31 0 03 1 00" WEST, 107.00 FEET; THENCE NORTH 03 0 27 1 06" WEST, 68.00 FEET; THENCE NORTH 20 0 02 1 55" EAST, 67.62 FEET TO THE SOUTHEASTERLY SIDELINE OF MISSION dr 1 10 $ ORDER NO. 990975-34 ESTANCIA AND A POINT ON THE ARC OF A 1042.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL TO SAID POINT BEARS SOME 3703 1 10" EAST; THENCE SOUTHWESTERLY ALONG SAID SOUTHEASTERLY SIDELINE AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 150125, A DISTANCE OF 273.22 FEET; THENCE LEAVING SAID SIDELINE, SOUTH 88391270 EAST, 2.20 FEET; THENCE SOUTH 6922'31" EAST, 58.45 FEET; THENCE SOUTH 46 0 19 1 32" EAST, 75.55 FEET; THENCE SOUTH 31 0 03 1 00" EAST, 342.57 FEET; THENCE SOUTH 14 0 36 1 24" EAST, 64.20 FEET; THENCE SOUTH 04 012 1 01" WEST, 66.32 FEET; THENCE SOUTH 23 0 19 1 47" WEST, 66.79 FEET; THENCE SOUTH 42 0 42'34" WEST, 67.80 FEET; THENCE SOUTH 60 9 54 1 00" WEST, 465.67 FEET; THENCE SOUTH 62 0 08 1 51" WEST, 72.95 FEET; THENCE SOUTH 67'58 1 00" WEST, 141.52 FEET TO A POINT IN THE WESTERLY LINE OF SAID LOT 44; THENCE SOUTHEASTERLY ALONG SAID LINE, SOUTH 22 0 02 1 00" EAST, 230.00 FEET; THENCE LEAVING SAID WESTERLY LINE, NORTH 6758 1 00" EAST, 50.00 FEET; THENCE SOUTH 22 0 02 1 00" EAST, 200.00 FEET TO THE BEGINNING OF A TANGENT 1080.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 12 0 44'30" A DISTANCE OF 240.17 FEET; THENCE SOUTH 09 0 17 1 30" EAST, 150.00 FEET TO THE BEGINNING OF AfIANGENT 980.00 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 08 0 22 1 13", A DISTANCE -OF 143.17 FEET TO THE TRUE POINT OF BEGINNING.