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HomeMy WebLinkAboutCT 2018-0003; Magnolia A3 LLC; 2019-0458007; Affordable Housing Agreement/Release1)~ RECORDING REQUESTED BY: City of Carlsbad AND WHEN RECORDED MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Dr Carlsbad, Ca. 92008 DOC# 2019-0458007 111111111111 lllll 111111111111111111111111111111 IIIII 111111111111111111 Oct 11, 2019 12:07 PM OFFICIAL RECORDS Ernest J Dronen burg, ,Ir , SAN CIEGO 1 :)UNfY RECORDER FEES. $0.00 (S82 Atkins $0 00) PAGES 30 1 D Exempt from fee per GC27388.1 due to being recorded in connection with concurrent transfer that is subject to the imposition of documentary transfer tax, or, 2 D Exempt from fee per GC27388.1 due to being recorded in connection with a transfer that was subject to documentary transfer tax which was paid on document recorded previously on _______ (date) as document number ____________ of Official Records, or, 3 D Exempt from fee per GC27388.1 due to the maximum fees being paid on documents in this transaction, or, 4 D Exempt from fee per GC27388.1 due to the maximum fees having been paid on documents in the transaction(s) recorded previously on __________ (date) as document number(s) _______________________ of Official Records, or 5 D Exempt from fee per GC27388.1; document transfers real property that is a residential dwelling to an owner-occupier, or, 6 D Exempt from fee per GC27388.1 due to being recorded in connection with concurrent transfer that is a residential dwelling to an owner-occupier, or, 7 D Exempt from fee per GC27388.l due to it being recorded in connection with a transfer of real property that is a residential dwelling to an owner-occupier. The recorded document transferring the dwelling to the owner-occupier was recorded on __________ (date) as document number(s) ________________________________ , or, 8 D Exempt from the fee per GC 27388.1 (a) (1); Not related to real property, or, 9 IZ] Exempt from fee under GC27388.1 for the following reasons: GC27388.1 (2)(D): real estate document recorded by a municipality THIS PAGE ADDED TO PROVIDE SENATEBlll2EXEMPTIONINFORMAllON (Additional recording fee applies) Recording Requested by: City of Carlsbad When Recorded Mail to: City of Carlsbad City Clerk's Office Attn: City Clerk 1200 Carlsbad Village Drive Carlsbad California 92008 (Space above.for Recorder's Use) AFFORDABLE HOUSING AGREEMENT (Second or Accessory Dwelling Units) THIS AFFORDABLE HOUSING AGREEMENT ("Agreement") is entered into this Bfh day of Ollobel , 2019, by and between the CITY OF CARLSBAD, a municipal corporation ("City"), and MAGNOLIA A3, LLC a limited liability company ("Developer"), with reference to the following: RECITALS A. Developer is the owner of certain real property in the City of Carlsbad, County of San Diego, State of California, described in "Exhibit A", which is attached hereto and incorporated herein by this reference, and which is the subject of a Tentative Map CT 2018-003-MAGNOLIA- BRADY, which provides conditional approval of the construction of seven (7) single family dwelling units ("Project") and one (1) detention basin. B. Condition No.12 of Planning Commission Resolution No. 7308 states that this Affordable Housing Agreement shall be entered into between the City and the Developer as a means of satisfying the Developer's affordable housing obligation, as such is defined under Chapter 21.85 of the Carlsbad Municipal Code ("Affordable Housing Obligation"). Planning Commission Resolution No. 7308 provides that the affordable housing obligation will be satisfied by applying the requirements set forth in this Agreement for construction of second or accessory dwelling units on affordable housing lots ("Affordable Housing Lots"). The Affordable Housing Lots which are subject to this Agreement are: Lot #3 of Carlsbad Tract No. 2018-003-Magnolia-Brady in the City of Carlsbad, County of San Diego, State of California, according to Map No. l lo3Co0 filed with the County Recorder of San Diego County on 5e.p"h.M.b.e..r 11) 2Dl9 C. Developer intends to construct the required inclusionary units concurrent with the project's market units that are also identified on Exhibit "A". The Affordable Housing Lots shall be subject to this Agreement and this Agreement shall be recorded on the title for each Affordable Housing Lot. IO I 0\ 17\2059295. I NOW, THEREFORE, incorporating the foregoing Recitals and in consideration of the mutual covenants contained herein, the parties agree as follows: 1. 2. The Recitals Are True And Correct. THE AFFORDABLE HOUSING OBLIGATION SHALL BE SATISFIED BY CONSTRUCTION OF SECOND OR ACCESSORY DWELLING UNITS. Performance under this Agreement satisfies the Developers' obligation for affordable housing under Chapter 21.85 of the Carlsbad Municipal Code as applied to the land in Tentative Map CT 2018-003-MAGNOLIA-BRADY_, by Condition No. 10b in Planning Commission Resolution No. 7308 and any other applicable condition of approval. 3. SECOND OR ACCESSORY DWELLING UNITS. (a) Construction of Second or Accessory Dwelling Units. Developer shall at the time a residential structure is constructed on the Affordable Housing Lot, include in such residential structure a Second or Accessory Dwelling Unit as defined under and subject to the requirements contained in Municipal Code Section 21.85.070. The second or accessory dwelling unit shall have no interior entrance into the single family home, a separate exterior entrance to the second dwelling unit, and provide for a one bedroom unit with a full kitchen with full size appliances including but not limited to a full size stove with oven, a full size refrigerator and full size sink. The second dwelling unit may be used for no purpose other than a residential rental unit; the unit may not be used as a short term vacation rental or similar purpose at any time. (b) Restriction on Rental of Second or Accessory Dwelling Unit. The maximum monthly rent for any Second or Accessory Dwelling Unit, subject to this Agreement, which becomes rented or leased shall not exceed an amount of I/12th of thirty percent (30%) of the gross monthly income of a low-income household, adjusted for household size, at seventy percent (70%) of the San Diego County median income, as such median income is published by the United States Department of Housing and Urban Development from time to time. For purposes of this Agreement, "Rent" shall include a utility allowance as established and adopted by the City of Carlsbad Housing Authority, as well as all required monthly payments made by the tenant to the lessor in connection with use and occupancy of a housing unit and land and facilities associated therewith, including any separately charged fees, utility charges, or service charges assessed by the lessor and payable by the tenant (but not including fees and charges resulting from any default by the tenant or damage caused by the tenant, or fees or charges paid by the tenant to third party utilities or other providers). A sample schedule showing the calculation of the maximum rental amount as for 2018 is attached to this Agreement as Exhibit "B". (c) Restriction on Tenant Income. The Affordable Units shall be available to households with incomes not exceeding 80% of the median income for San Diego County, adjusted for actual household size. ( d) Covenants and Restrictions Governing Rental of Affordable Second or Accessory Dwelling Unit. Developer shall require the purchaser from Developer of an Affordable Housing Lot upon which a Second or Accessory Dwelling Unit has been constructed to execute and record the Agreement Containing Covenants and Restrictions Governing Rental of Affordable Second 2 IO I 011712059295. l or Accessory Dwelling Unit as set forth in Exhibit "C" which sets forth the restrictions on use of the Second or Accessory Dwelling Unit and the income and monthly rental rate restrictions not to exceed the rate set forth in paragraph 3(b ). Developer shall complete the agreement, obtain purchaser signature and forward a purchaser executed copy of the Agreement to the City Housing and Neighborhood Services Director for review, approval and execution prior to close of escrow. Following execution of said Agreement by purchaser and the City of Carlsbad, the Agreement shall be deposited to escrow for recordation against said property with an affected lot. ( e) Deed Restriction. Following sale of an affected lot, the Developer shall provide a copy of the recorded Agreement Containing Covenants and Restrictions Governing Rental of Affordable Second Dwelling Unit" owner agreement as set forth in Exhibit "C", which shall provide proof of the deed restriction and that said restriction will run with the land so as to restrict subsequent transfers. 4. REMEDIES Failure by the Developer to perform in accordance with this Agreement will constitute failure to satisfy the requirements of Chapter 21.85 of the Carlsbad Municipal Code and Condition No. IOb_of Planning Commission Resolution No. 7308. Such failure will allow the City to exercise any and all remedies available to it including but not limited to withholding the issuance of building permits for the lots shown on Carlsbad Tract No. 2018-003-Magnolia- Brady. 5. HOLD HARMLESS Developer will indemnify and hold harmless (without limit as to amount) City and its elected officials, officers, employees and agents in their official capacity (hereinafter collectively referred to as "lndemnitees"), and any of them, from and against all loss, all risk of loss and all damage (including attorneys' fees and expenses) sustained or incurred because of or by reason of any and all claims, demands, suits, and/or actions, allegedly caused by, arising out of or pertaining in any manner to Developer's actions or defaults pursuant to this Agreement, and Developer shall protect and defend lndemnitees, and any of them with respect thereto. This provision shall survive the term of this Agreement. 6. INSURANCE Developer shall obtain, at its expense, commercial general liability insurance for development of the Project naming Indemnities as additional insureds with aggregate limits of not less than one million dollars ($1,000,000) purchased by Developer from an insurance company duly licensed to engage in the business of issuing such insurance in the State of California, with a current Best's Key Rating of not less than A-:VII, such insurance to be evidenced by an endorsement which so provides and deliver to the City Clerk prior to the issuance of any building permit for the Project. 7. NOTICES All notices required pursuant to this Agreement shall be in writing and may be given by personal delivery or by registered or certified mail, return receipt requested to the party to receive such notice at the address set forth below: 3 I 010\ 17\2059295.1 TO THE CITY: TO THE DEVELOPERS: City of Carlsbad Housing & Neighborhood Services Department 1200 Carlsbad Village Drive Carlsbad, California 92008 Magnolia A3, LLC 5 Hoya Street Rancho Mission Viejo, CA 92694 Any party may change the address to which notices are to be sent by notifying the other parties of the new address, in the manner set forth above. 8. ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the parties and no modification hereof shall be binding unless reduced to writing and signed by the parties hereto. 9. DURATION OF AGREEMENT This Agreement shall terminate and become null and void upon repeal, termination, or modification of any applicable ordinance which act would render the Affordable Housing Obligation unnecessary or unenforceable. The restriction set forth in Paragraph 3(b) above shall terminate as to the Affordable Housing Lot at such time as the Second or Accessory Dwelling Unit on the Affordable Housing Lot has reached the end of its useful life, which is assumed to be not less than 55 years from the date of completion of original construction. 10. SUCCESSORS This Agreement shall benefit and bind Developers and any successive owners of Affordable Housing Lots. 11. SEVERABILITY In the event any provision contained in this Agreement is to be held invalid, void or unenforceable by any court of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless, be and remain in full force and effect. (Remainder of Page Intentionally Left Blank) 4 IO I 01 I 712059295.1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed as of the day and year first above written. DEVELOPER Magnolia-Brady By: Magnolia A3, LLC Its: .-_ ~-~~ _ By:~~ Title: .,..,.,...v--1 a .}.,vo .;4.,.,r.,1.~ E~ Dated: i?-12.-1, CITY OF CARLSBAD By:u~~ Debbie Fountam Community & Economic Dev. Director Dated: ~;✓~' / 10-1-11 (Crf:::,.~rufn, presi;/;:;; or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the office('i) signing to bind the corporation.) (If signed by an individual partner, the partnership must attach a statement of partnership authorizing the partner to execute this instrument.) (Proper notarial acknowledgment of execution by Developer must be attached.) APPROVED AS TO FORM: 5 IO I 0117\2059295. I Dated:~' o'-+--13--+-/_.___11_ I I CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 • A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) ) County of !:YID Ole'W On~ ],fl)() I Date beforem~U(\_L ~(e(\~ Lb~ PJ?l1.c., Here Insert Name andtitle of t/2;cificer personally appeared --"ee=--<C~'-,-'~Y~O..!"'--'..,_YY\~'-'--'-'t-..~K~\~-R~1.~G(~t\....__ _____________ _ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(sf whose name(~ is/are-- subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/I rer/ltlelr authorized capacity(i~ and that by hislhet'Meir signatu~on the instrument the perso~ or the entity upon behalf of which the perso~ acted, executed the in~frument. Place Notary Sea/ Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signatur ---------------opnoNAL--------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Signer's Name: ____________ _ [] Corporate Officer -Title(s): ______ _ _ artner - l J Limited I J General rney in Fact I □ Attorney in Fact □ Guardian or Conservator l:J Guardian or Conservator Signer Is Representing: _________ _ ©2014 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 • A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of S:in j) ~ ) On ~ber:: 191 a()I 9 before me, PahicJ 0. L ~re,sc.ef\"h', W o-±zi~ jjili [; G Date Here Insert Name and fwe of the ottkr personally appeared ___,c.,.._De_......__b\).,__.1"""'e__ _ __.tr'-'a-.JC ..... )....._rrb .................... t_.___h_.___ ______________ _ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person~ whose name~ is/are subscribed to the within instrument and acknowledged to me that Re/she/tl=ley executed the same in l:tts/her/thetr authorized capacity~, and that byhis/her/tReir signature~on the instrument the person~ or the entity upon behalf of which the person(g(°acted, executed the instrument. Place Notary Sea/ Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ----------------OPTIONAL---------------- Though is section is optional, completing this information can deter alteration of the document -:or'...------ fraudulent reattachment of this form to an unintended document. Description of A hed Document Title or Type of Docum Number of Pages: ___ er(s) Other Than Capacity(ies) Claimed by Signer(s) Signer's Name: ---------::7""''----........::,-.._, I i Corporate Officer -Title(s): -~,:__ ___ _ l I Partner -□ Limited 1--:::1 eral r-1 Individual □ Att ey in Fact [J Attorney in Fact r-uardian or Conservator ,-Guardian or Conservator ©2014 National Notary Association• www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY Portions Tract 245 of Thum Lands, in the City of Carlsbad, County of San Diego, State of California, according to Map No. 1681, filed in the Office of the San Diego Recorder on December 9, 1915. 6 10 I 0\ 17\2059295.1 OWNER'S CERTIFICATE WE HERE8Y STATE THAT WE ARE THE OWNERS OF OR ARE INTERESTED IN THE LANO sueoMDED BY THIS MAP AND WE CONSENT TO THE PREPARATION AND RECOROATION OF ms MAP. WE >EREBY DEDtCATE TO THE PUBLIC THE REAL PROPERTY OESCRJBED BELOW AS AN EASEMENT FOR PUBLIC STREET ANO PUBLIC UTIJTY PURPOSES: PORTK>NS OF MAGNOLIA AVENUE AND BRADY CfRClE, ALL AS SHOWN ON SAID MAP. WE 1-EREBY CREATE A COVENANT OF PRN'ATE EASEMENT FOA STORM DRAIN PURPOSES CM:R CITY OF CARLSBAD TRACT CT 2018-0003 BEING A SUIOMSK>N OF THAT PORTION OF TRACT 245 OF THE THUM LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEM.OF NO 1881, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAO COUNTY. DECEMBER I, 1915 SUBOMSION GUARANTEE FURNtSHEO BY FfRST AMERICAN TITI.E C,0//,IPl,HY. OATED:.JV~ J.C,, 1,01q ORDER NO· NHSC-5774017 8 LOTS TOTAL AREA: 2 001 ACRES ,..;r~~~L:::F~~~o~~~~~~ ~r::el=~~o~~:00:~~~~ L.dl"S+ TMIS COVENANT IS CREATED UNDER CARLSBAD MUNK::IPAL. CODE SECTION 20.04.140 AND IS SUBJECT TO THE REOUREMENTS TMEREIN. BENEFICIARY: FARMERS AND MERCHANTS BANK OF LONG BEACH AS BENEFtclAAY UNDER THAT CERTAIN DEED OF TRUST RECORDED JUNE 7, 2019 PER OOC, 2019-0222218 OF OFFICIAL RECORDS BY, __.,.C'Q"""",L"""-'~"----l"JJJL==-<='--- N....e, __ ""1.,...~·•c,~\ ~l~-~&.-=M~:=ll=""~-- Tm.E, _ __cfc::''c:..ri'":......:.ll.:..:,~:,e_e.:..:c-=-v..e..:1~,k:=:"c:.c+-:___ ./ £ ~ • ,,-,:;?. BY: ---'~'----='-==-===-----NAAE, __ 1'\&. ___ ~_A~ti::_•..,)_,,. ____ _ Tm.E, __ f~,~~~"~•~""-=,.----=-·~·~·~,..._,~~,._ SIGNATURE OMISSION STATEMENT TI£ SK3NA.TURES OF THE PARTIES LISTED BELOW. OWNERS OF EASEMENTS /IS PER DOCUMENTS NOTED BELOW, HAVE BEEN OMITTED UNDER THE PROVISIONS OF SECTION e&4l8 SUBSECTION (1)(3)(A)(i) OF THE SUBOMSION MAP ACT: THEIR INTEREST IS SUCH THAT IT CANNOT RIPEN INTO FEE TITLE ANO SAID SIGNATI.IRES ARE NOT REQUIRED BY GOVERNING BODY AH EASEMENT FOR TELEPHONE ANOIOR ElECTRtC POLES ANO LINES, Al¥:) FOR SEWER, WATER AND.'OR MAINS A.ND PIPE LIES RESERVED BY WM.C. KERCKHOFF COMPANY, A CALIFORNIA CORPORATION RECORDED DECEMBER 27, 1939 IN BOOK 983, PAGE 129 OF O.R AN EASEMENT FOR PUBLIC STREET ANO PUBUC UTIUTY AJ..o INCIDENTAL PURPOSES GRANTED TO THE CITY OF CARLS8A.D, A MUNICIPAL. CORPORATION RECORDED JlA.Y 13, 2001 PER INSTRUMENT NO 2001-0483138 AND 2001~137 OF O.R Ladwig Design Group, Inc. P.O. BOX 2258 Clrtlbad,Calrom6a 82018 (780)438-3182 • J08 NO.: L-1132/217325 COUNTY BOND AND ASSESSMENT CERTIFICATE WE, THE COUNTYTREASURER-TAXca..LECTCROF 11-E COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. ANO DIRECTOR OF PU9UC WOfllKS OF SAID COUNTY, HEREBY CERTIFY THAT THERE ARE NO UNPAtD SPECIAL ASSESSMENTS OR BONDS WHK:H MAY IE PAI) IN FULL, SHOWN BY THE BOOt<S OF OUR OFFICES AGIJNST THE TRACT OR SUIOMSK)N OR ANY PART THEREOF SHOWN ON THE ANNEXED MAP AND DESCRIBED IN THE CAPTION THEREOF. DAN MCAU..JSTER COUNTY TREASURE -TAX COLLECTOR BY '£.04/\~~ (p-tf-.:J.019 DATED RICHARDO.CROMPTON BY:~ (p-/0-19 otRECTOR OF PUBLIC DEPUTY DATED WORKS CITY TREASURER'S CERTIFICATE I, CRAIG LINOHOLM, CITY TREASURER OF THE CITY OF CARLSBAO, STATE OF CALIFORNIA, HEREBY CERTIFY THAT THERE ARE NO LIENS FOR .... AK> CITY TAXES OR UNPAID BON)$ JSSUED UNDER AN IMPROVEMENT ACT OR IMPROVEMENT BOND N:,T OF THE STATE OF CALIFORNtA. SH0'NING ON THE BOOKS OF THIS OFFICE, EXCEPT TAXES NOT YET PAYABLE AGAINST THE TRACT OR SUBOMSION OR JrHV PART THEREOF, SHOWN ON TliE ANNEXED MAP ANO DESCRIBED IN THE CAPTION THEREOF CITY CLERK'S CERTIFICATE I, BARBARA ENGLESON, CITY a.ERK OF THE CITY OF CARI..SBAO, STATE OF CALIFORNIA, HEREBY CERTIFY THAT THE CITY ENGINEER PURSUANT TO THE AUTHORITY GRANTED IN CARLSBAD MlNCJPAl CODE SECTION 20.20.020 HAS APPR°::D THIS MAP. I ALSO CERTIFY THAT THE PROPER PUBLIC NOTICE HAS BEEN GIVEN OF THAT APPROVAL ON Ge_' '6 ::Jo, a.oJ9 IN WITNESS 9,f;bOF, SAID en: ENGtNEER HAS CAUSED THESE PRESENTS TO BE EXECUTED BY THE CITY CI.ERKTHIS CAYO, £'-cpl: ,2019. ev\ 1a l('('o to fm m:.. .. J'L-BARBAAA ENGLESON, CrTY CLERK COUNTY TAX DEPOSIT CERTIFICATE I, J,,H(Jlf!£W POTTER, CLERK OF THE BOARD OF SUPERVtSORS, HEREBY CERTIFY THAT THE PR0V1StONS OF THE SUBOMStON MAP ACT (DIVISION 2 OF TITLE 7 OF THE GOVERNMENT CODE) REGARDfffG (A) DEPOSITS FOR TAXES ANO (8) CERTIFICATION OF THE ABSENCE Of LIENS FOR UNPAIJ STATE, COUNTY, MUNICIPAL OR LOCAL TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES EXCEPT THOSE NOT YET PAYABLE, HAVE BEEN COMPLIED WITH NIDREW POTTER CLERK OF THE BOARD OF SUPEFMSORS DATED~ BY~ed'4-f!/m•eAtt t • . . MAP NO. l(o3<oO 1 OF 5 SHEETS SURVEYOR'S STATEMENT I, ROBERT C. LAOWIG, A PROFESSK>NAL LANO SURVEYOR. STATE THAT THE SURVEY OF THtS SUBOMSION WAS MADE BY ME OR UNDER MY OIRECTION IN NOVEMBER, 2017 ANO SAID SURVEY IS TRUE ANO COMPLETE AS SHOWN; THAT MONlMENTS ARE OF THE CHARACTER INDICATED HAVE BEEN SET OR FOUND AT THE SIJBOMSION BC>UNDARY CORNERS, ANO I WILL SET AU. OTHER MONUMENTS OF THE CHARACTER tN THE POSITION NMCATED BY LEGEND ON TtlS MAP WITHIN 30 DAYS AFTER THE COMPLETION OF THE REQUIRED IMPROVEMENTS AND SUCH MONUMENTS ARE OR WILL BE SUFFICIENT TO ENAElt.E THE SURVEY TO BE RETRACeD. (~~ ROBERT C. LADWIG LS 3189 CITY ENGINEER'S STATEMENT I, JASON S. GELDERT, CITY ENGINEER OF THE CITY OF CARLSBAD, STATE OF CALIFORNlA, HEREBY CERTIFY THAT I HAVE EXAMINED THE MAP OF THSS SUBOMStON TO BE KNOWN AS CITY OF CARl.S8AO TRACT NO. CT 2018-0003, CONSISTlNG OF 5 SHEETS ANO DESCRSBEO tN THE CAPTION THEREOF, AND HAVE FOUND THAT THE OESKJN IS SUBSTANTIAU. Y THE SAME AS IT APPEARED ON ntE TENT ATM MAP AND ANY APPROVED ALTERATIONS THEREOF; THAT ALL PROVISIONS OF THE SUBOMSION MAP ACT OF THE STATE OF CALIFORNIA AND OF ANY LOCAL ORDINANCE OF SAIi) CITY APPLICABLE AT THE TIME OF THE APPROVAL Of THE TENTATIVE MAP HAVE BEEN COMPLIED WITH. I HEREBY APPROVE AND RECOMMEND SAID MAP. I ACCEPT THOSE ITEMS LISTED tN THE CERTIFtCATE SIGNED BY THE OWNER UNDER THE CONDITIONS EXPRESSED THEREIN. ,frJ!!:lif!f.3912 CITY ENGINEER DATED 4ri,ust Jo/ l4/' CITY ENGINEER'S TECHNICAL STATEMENT I, THOMAS E. 1/ERLOCIP, HEREBY STATE THAT I HAVE EXAMINED THIS MAP FOR THE CITY ENGINEER ANO FOUND THAT IT IS TECHNICALLY CORRECT. LAND USE MANAGER'S AND CITY ATTORNEY'S CERTIFICATE I, D0NALO NEU, SECRETARY OF THE Pl.ANNING COMMISSION OF THE C1TY OF CARLSBAD, HEREBY CERTIFY TliAT THE TENTATIVE MAP OF CARLSBAD TRACT NO. CT 2018--0003 HAS BEEN SUBMITTED TO TI-tE Pl.ANNING COMMISSION FOR REPORT ANO RECOMMENDATION DONALD NEU SECRETARY OF THE PLANNING COMMISSION BY Q...a/"/4., CATE, 7 -2/:;-(9 APl'ROVED AS TO FORM THIS~ ::.._y OF s {'7:J CELIAABREWER BY, {2v 2 + CITY ATTORNEY -- COUNTY RECORDER'S CERTIFICATE FILE NO ,.201q -1000;35-- ,2019. 1, ERNEST J. ORONENBURG, JR .. COUNTY RECORDER OF THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. HEREBY CERTIFY I HAVE ACCEPTED FOR RECORDATION THIS MAP ALEO AT THE REQUEST OF ROBERT C. LADWk3, THIS~DAY Scf1nal2019 _AT~O'CLOCK ~.M. ERNEST J. DRONENBURG. JR COUNTY RECORDER BY J;;;/pA 05- FEES \1.~ CT 2018-0003 CALIF CCX)RO. INDEX: 2001 -8233 A NOTARY P\JBUC OR OTHER OFF1CER COIIPLE11NG TrilS CERllflCATE I/ERIFlES ONLY THE IOENl1TY OF THE INllllllOUAL WHO SIGNED THE DOCUMENT lO WHICH THIS CERTlRCATE IS ATTACHED, -NOT THE TRUTHF\JL.NESS, 1't;QJRJC(, OR VALIDITY OF THAT OOC\JIIENT. NOTARY'S CERTIFlCATE STATE OF CAUf'ORNIA COUNTY OF SAN DIEGO ON ~ IZ, l,Off PUil.JC NOTARY, PERSONAU.Y APP£ARED ~ R'YN-1, WHO PRO\IED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(.i WHOSE ~ IS/-- SUBSCRIIED lO THE -INSTRUIIENT AND N:KNOWI.EDGED TO ME THAT ~ EXECUTED THE !WE IN HIS/Hill,'JHBII NJTHORIZED CN'ACITYIE9l N-10 lHAT BY HIS~ SIGNATUREC,l ON THE INSTRUMENT THE PERSON'8), OR THE ENTITY UPON IIOWJ' OF WHICH M PERSON(a) M:m>, EXECUTED THE INSTRUMEll1'. I CERl1FY UNOER PENALTY OF PERJURY UNOER THE V.WS OF THE STATE Of' CAUf'ORNIA THAT THE FOREGOING PARAGRAPH IS TRUE -CORRECT. WITNESS MY -0 N-10 omcw. S£AL: NOTARY PU8UC IN -FOR SAID COUNTY N-10 STATE PRINCIPAL Pt..\CE OF BUSINESS:~.-=------------ MY C011111SS10N EXPIRES: J; /.,, If, Ze11f MY COMMISSION NUIIIIER: 2 I£ 0 I dl- l..adwla DNq, Group, Inc. P.O. BOX 22llB ~. Co!Womlo 92018 -~--~~----------- (780) 438-3182 • J08 NO.: L-1132/217325 CITY OF CARLSBAD TRACT CT 2018-0003 A NOTARY PUIIUC OR OTHER OFF1CER C0Wl.£IING THIS CERTlRCATE I/ERIF1ES ONLY THE IDOll1TY OF THE IN0MDlW. WHO SIGNED THE OOCUMDIT lO WHICH THIS CEll11F1CATE IS ATTACHED, AND NOT THE TRUTHFUUIESS, N:;OJR/Cf, OR VAUDITY OF THAT OOCUMENT, NOTARY'S CERTIFlCATE STATE OF CALIFORNIA COUNTY OF -ot,o,.,IC,f ON J\jl,Ki 11,1AI'! BEFllRE 11E. IWi' 1')1t~~....,_,,,-, A _ ....... _ ......... ,...,. PUBUC NOTARY, PERSOtW..LY APPEARED MIM-R)L ldC,p MC. , WHO PROVED lO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE No\llE(S) ./NIIE SUIISCRIED TO THE -INSTRUIIENT -ACIOIOWl.EDGED lO ME THAT ~ EXECUTED THE SAME IN I-JIS~/THEIR NJIHORIZ[I) CN'ACITY(IES) ANO THAT BY tfS/Hlll/llDI SIGNAl\JRE(S) ON THE INSTRUIIOIT THE PERSON(S), OR THE ENTITY UPON IIOWJ' OF WHICH THE PERSON(S) M:m>, EXECUTED THE INSIRUIIENT. I CERTIFY UNOER PENALTY OF PERJURY UNOER THE V.WS OF THE STATE OF CAUF0RNIA THAT THE FOREGOING PARAGRAPH IS TRUE ANO CORRECT. WITNESS MY HANO N-10 omcw, S£AL: SIGNATURE: ~ PRINT NAME, ~~I~ NOTNff PU8UC IN N-10 FOR SAIO COUNTY ANO STATE PRINCIPAL Pt..\CE OF BUSINESS:'-'ofl"lc.,_~_.c..~----------- MY C011111SS10N EXPIRES:'--· _,f"J.='1~-~1~, _U_». _________ _ MY COIIIIISSKlN NUwm:JI_: ~1,.2.~<\~q_'t_l:a.. _________ _ MAP NO. ICo¼Q SHEET 2 OF 5 SHEETS A NOTARY PUIIUC OR OTHER omcER COIIPI.Er.NG THIS CERTIF1CATE I/ERIF1ES OHL Y THE IDENTITY OF THE INOMOUAL WHO SIGNED THE OOCUMENT lO WHICH THIS CERllflCATE IS ATTACHED, N-10 NOT THE TRUTHF\Jl.NESS. ,CCUR/Cf, OR VALIDITY OF THAT OOCUMENT. NOTARY'S CERTIFlCATE STATE OF CALIFORNIA COUNTY OF SAN DIEGO ON _________ BEFORE ME, ___________ , A PUBUC NOTNff, PERSONALLY APPEARED =====~~== , WHO PROVED lO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE IWIE(S) IS/-SUBSCRIIED ro THE WllllN INSTRUMENT AND ACKNOWl.£OGED ro ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AIJlHORIZED CN'ACITY(IES) N-10 THAT BY HIS/HER/THElR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON IIOWJ' OF WHICH THE PERSON(S) ACTED, EXECUTm THE INSTRUMENT. I CERTIFY UNDER PENALTY OF PERJURY UNOER THE V.WS OF THE STATE OF CAUF'ORNIA THAT THE FOREGOING PARAGRAPH IS TRUE N-10 CORRECT. WITNESS MY HANO N-10 OFFICIAL SEAL: SIGNATURE: --------------------- PRINT NAME: --------------------- NOTARY PU8UC IN AND FOR SAID COUNTY ANO STATE PRINCIPAL Pl.ACE OF BUSINESS_: _____________ _ MY COIIIIISSION EXPIRES:'------------------- MY COMMISSION NUIIIIER:,~---------------- CT 2018-0003 CALIF. COORD. INDEX: 2001 -8233 110NUMENT ~TIClN A, FD. STANDARD Sl1lEET MONUMENT STAMPl!D RCE 14594 PE.It ROS 17144 AND PM 21l74. • FD. SJI• REBAR. Wfm ALUMINUM CAP STAMPED LS 6404 PER PM 21l7◄, OR AS NO'l'B) HER.EON. REPLACED Wirn 2" IR.ON PIPE WTllf DISC STAMPED 3119. ■ ID. LD STAMP6D LS :53-46 IN TOP OF CURB AS SHOWN FOil OFFSET TO THE BOUNDAJ.Y LINE PER. CElt.TlFlCATE OP COIUtFCT'ION IU!C'OltDFD AP1UL 9, 2009 PBR DOCI 2009--0l1072S OF O.R.. OR AS NOTBD. 50 0 I / 50 MAP NO. l(o.3<oO CITY OF CARLSBAD CT 2018-0003 SHEET 3 OF 5 SHEETS PROCEDURE Of SURVEY CHESTNUT A VENUE THE BASIS OF 8E.UINOS POil nus SUK VEY JS THB CAUPOaNIA COOltDINATE SYSTEM 1913 SEE SURVEYOR'S NOrnS 2. ~vii'~~57fu~ti~~~=~~J".!J~%.C>Jti.seAD ~ , "-. REfEllNCED BE.UJNOS ROM onmR DOCUMENTS AND MAPS MAY OR MAY NOT BE IN COURSE TABLE i 100 @ PD. LEAD A DISC STAMPED LS 5411 IN TOP Of CURB PER Cll 24412 .l 34"'9. [I) FD. NAIL lN CONCRETE MONUMENT PEil MAP 14247, JlOS 17144, PM 20948 & PM 21374. --- 11AS1S Of BENIINGS -------1 ~~==A~~~A~~~IS~=~~CB.OUND, EXCEPT AS NOTIID. ~ S 50"03'32"ES4.30' (5-t.20' R4.t RS) ~ (1] FD. STANDARD S11tEET MONUMENT ST AMPED RCE 14594 PEil ROS 17144, PM209&4A PM 21374. MONUMENT NOT IN THE LOCATION AS SHOWN ON ROS 17144, HEU) FOR LINE. (l] ID. 2• 1.P. wmt DISC STAMPED LS 6404 PER PM 21374. 00 FD. 314• 1.P. WITHDJSCSTAMPF.D LS2719 PEI. PM 1331.tROS22536. ACCEPTED MONUMENT ON THE EASTERLY RIGHT OF WAY OF VALL.BY STREET. ~FD. 3/<r I.P.STAMPEDRCE 11673 PER PM 12.263,ROS 14226.t. PM21374. [fil FD. LD STAMPED LS 6287 IN CONC. W ALk. PER It.OS 22536. ACCEPTED MONUMENT ON nlE EASTERLY RIGHT OF WAY OP VALLEY snEBT. (2] FD. WASHEil A GEAR.~ STAMPED LS 6217 IN lJEU Of 314• J.P. P81l ROS 22536. ACCEP'TED MONUMENT ON mE f.ASTERL Y lllOlfl' OF WAY OF V AU.BY STREET. [!]PD. WASHElt.&MAONAIL STAMPBDLS 5411 PHRCR.24412& 34509. OBAR SP11CE wrrH WASHER. STAMPHDLS 7432 PEJ.CJ. 3-4509 NOT FD. ACCEPTBO MONUMElff ON THE CmnmtUNE OF VALLEY STREET. EXAGOER.ATED FOR CLAJUTY. IN THE EVENT THE BELOW TYPB8 OF MONUMENTS CAN NOT BE SET DUE TO UNFORSEEN Clllc.iJMSTANCES, 1lfEN I wn.L AFFIX A TAO OR DISC STAMPED LS 3119 IN CONCRFJ'E. STONE OR METAL AT THE POSfflON CALLED FOR BY nns MAP. UNLESS OTHERWISE SOOWN ON nns MAP A l!<r IRON PIPE wrrn DISC MARXED "LS 3119" wn.L BE S£T AT ALL INTERIOR LOT OORNERS, FRONT LOT CORNERS AND POINTS OF aJRVE. ALONG rnE SIDELINES OF DEDICATED STitEET RIGHTS OF WAY WILL BE MONUME!NTIID BY A LEAD AND DISC MARK.ED "LS J 189", SET ALONG AN EXTENSION OP THE LOT LINE AT AN OFFSET OF 9.75' IN THE CUllB. THE OFFSET SHALL BE MEASUR.BO RADIALLY OR AT RIGHT ANGLES TO 1llE. RIGHT OJI WAY LINE. BOUNDARY LINE -----sn£lrr CENTERLINE LOT5 LOT4 Q. Sl!'T 3/4• IRONPIPB \VJTHCAPSTAMPBDLS 3189 (SEE NOTE ABOVE) -I!) .. SBTLDSTAMPEDLS 3189. () .. RECORD INFORMATION PER MAP 14247 OR AS NOTED HEREON. [ J •. INDICA TBS RECORD DATA PBll PM 21374. JU .. INDICATES RECORD DATA PEil ROS 17144. R2 •. INDICA'rl!S lECOllD DATA PBR. ROS 22536. R3., INDICATBS ll!CORD DATA 1'1!1'-ROS 20305. R4 . INDICA'raS JlBCOI.D DATA Pl!R.Clt 24412. ltS . INDICATES RBCOtDDATA PERCll.34509. R6 . INDICATES RECORD DATA PER ROS 14226. DD . RBCOkD 12--1, 2017 PBll DOC# 2017--057JU5 OF 0.R. . HELD DISTANCE PD. DO. I. CENTEltLINB INTEltSECT10N OP MAGNOUA A VENUB AND VALLEY STRF.ET WAS ESTABUSH BY arr MARKS ON SEWER MANHOLI! AND CAllLSBAD FIBLD BOOK. AS NOTED ON PREVIOUS MAPS. SAID MAP.XS NOT FOUND, EVIDENCE OF CONSTitUC'l10N FOR SAID SEWER MANHOLE. SAID INTH1tSBCTION ESTABLISH BY BRCWRO INTERSECl10N. 2. CENTEJlIJNE TIES FOR ntE INTERSOC110N OF V ALI.HY STIEET AND Ofesnrut A VENUE AS ESTABUSH BY PllEVIOUS MAPS NOT POUND DUE 1U CONSTR.UCJlON OF HANDICAP RAMPS. 3. CENTl?.IUJNE INTEllSECTION OF BRADY CIR.CLE AND VALLEY nKEE'T BSTABUSHBD BY BR.0/BRO INTER.SEC110N. 4. ALL DISTANCES ANDK)R STREETWIDTH8 SHOWN HEREON WITHOUT DECIMAL POINTS REPR.ESBNT 111AT DISTANCE TO HUNORED11tS OF A FOOT. 6. TOrALOROSSARF.AIS2001 ACRES. ~ 5. TOTAL NUMBER OP Wf'S IS I ! 7. TOTAL NET AREA JS I 737 ACRES.. I ~ O Cl ~ 40997 !◄0997'1 -~- l.ad"'9~Q>oup.lnc. P.0.BOX2251 Car1ad, CA 92011 (760}436-3l1l•Job No.: ll32121132.5 415.64' (4l5.7(YJ 432.64' (432.1' PEI DD) MAPPINOANOLEATSTATION 123•.0-'35'33.fl<t ROS20305 Nl3-J2'53"ES4,89'(S4.86R4,S4.88Jt5} ~ ---DRAWING SCALE ,•.50• 01.IDDISTANCB-01.0UNDDISTANCEXCX>MJHN!OBCALEFAC"IOI. 3 N38°41'46"E51.69'(51.74R4,51.75ltS) \ £ SEEDETAll.•A•,SHBET4PORTIE1UBOUNDARYUNI!.. IIAP14241 4 N06W12"WSU2'(S4.7f/R4,S4.74'R5) M I I',. /',-, ~ 110S 17144 BRADY CIRCLE ®..._ I 1;~ ~---_ ---N61°S4'4rE74695'(N6l-21'51"E74671'All)[N61°.53'44~746M'l(N61°53'15"E746.~ _ -~--_____ ---_ ___ 2 j) efU,~ ~ 34199' (34197' R3) ~ 40486' (40415' R3) -3 ~~/ ~ ..,"'" ~ HEW ANGLE PER e--~ I ~ fl'.-'/> MAP 14247, t0'01'29° >, I:! IO SEE SUllVEYOR'S NOTIS NO 3 / "'1 ,(' < i; i; 4 '<:f ,.. -7") 11AP ~ ~ i' t 1G47 I .;-,_ l'.-""J\':~(1.-3!42') (N61"21~1°E miC,~ ~Ii§: LOT10 LOT11 ~ ;: ;::;~-----LOTS LOTI [N6t•53'44"E J:: hh ;:::~ I ~ i N 61°54'41"6 Z ~ 749.118' 30' 30' 173.61' T: 1042' 186.61' TtEONLY (N 6191:l'E 116.60' DD) PARCEL 1 PER DO POR. TRACT 241 OF THUii~ EXAOOEltA TED FOR CLAIUTY. PII 21374 PARCEL4 441.19' [441.20'] N 6l053'06"E 1212.60' (N 6192l'E DD) (N 61-2:l'OO"E 1212.62' 16) [N 61°52'56-E 1112.57'] (N 61~43-S 1212.61' I: 11) (N 61°53'08•E 1212.71' R3) MAGNOLIA A VENUE PARCEl.2 t--_,;:--- 1 If R•25.00'~ L•39.2T I =1c: 90.111 :glb. I o• ~ I PARCEL3 HTS [90.07'] 90.10' CT20l&--0003 CALIF. COORD. INDEX: 2001 • 6233 DETAIL"A" NOTTO SCALE I I I I I I I I I I \ ~x'=f'O-S, ea,,_, ea11om1a 1201e V-B•OJSCSTAMPBD Cl..SB-123 LS 6215 PER ROS 17271. N:2005l'n.069 E: 6231570.375 ELE: 20l.131 lOT 9 (780) 438-3182 • J08 NO.: L-1132/2173:ZS wr, AREA: 10,730S.F. CITY OF CARLSBAD TRACT CT 2018-0003 EASEMENTS LEGEND @ EASEMENT TO THE Cl1Y OF CAJ.LSBAD, A MUNICIPAL a:>aPOaTION FOi. PUBLIC STllEET ANDPUBLICUTD.JTY PURJ'OSES IU!COllDEDJULY 13, 2001 PEllDOC#200I-04131370F0.R. @ EASl!MEITT TO THE CITY OF CARLSBAD, A MUNICIPAL COU'()RTJON POR PUBLIC STREET AND PUBLICU11UTY PURPQSP.SU!CCti>EDJULY 13,2001 PD.DOC# 2001-04lll360F0.R.. © NOTUSED @ INDICATES A COVENANT FOR STORM DllAIN EASEMENT 10 BBNEm' LOT I. @ INDICATES A COVENANT FOik STORM DRAIN BASEMENT 10 Bl!NEFJT LOTS I ii. 2. ® INDICA ms A OOVENANT FOi. STORM DRAIN EAS6MENT TO BBNEPIT LOT I. @ INDICATES A COVENANT FOR STOllM DltAINBASl!MF.lffTOBENEPITLOTS 1.1:2. ® INDICATES A COVENAKT POR STORM DI.A.IN BASl!MENT 10 BENEJITI' LOT I. CD INDICATES A COVENANT fOll STORM DllAIN EASEMENT TO BENEfTI' LOTS 4 A I. Q) INDICATES A COVENAJff FOi. STORM DRAIN BASHMENT TO BENEFIT LOT I. BNCUMBEllED LOTS BENl!FITEI> LOTS LOT2 LOTl LOT'3 LCJTS l .t 2 LOT4 LOTI wr, wr, LOTS◄aa wr, PM 21374 PARCEL4 N .?r06'3rw 436.92' wr,. ,,,.,.. o.AINAGB DETENTION PURPOSE AJlEA: 7,040 8.F. N 2r'06'00"W 251.59' 61.71' 61.71' wr, 61.71' LOT 6 wr, AllEA: 10,726 S.F. wr, AJtEA,10.fflS.F. wr• AREA: 9,000 S.F. .. ... AREA: 9,000 S.F . r. AIU!A, 11,999 S.F. ~ ~ i" ! ~ :. z z 61.71' 61.?r ~ ~ "' ~ :. z MAP NO. l(o3(o0 SHEET 4 Of 5 SHEETS I ~ LOT 7 I ~ AJlF.A: 9,454 S.F . ~ ~ r z I I CT2018--0003 CALIF. COORD. INDEX: 2001 • -6233 l..adwlg DNlgrl Group. Inc. P.O. BOX 22511 ~. Collfomla 92018 (780) 438-3182 • JOB NO.: L-1132/217325 MAP NO. l4>3Co0 CllY OF CARLSBAD TRACT CT 2018-0003 "NON-MAPPING DATA SHEET" NO'TES 1HESE N01ES ARE roR -A TIONAI. PURPOSES ONI. Y A. BUIUllNG PERMITS Will. NOT BE ISSUED FOR OE'vELOPIIENT OF THE SUB..ECT PROPERTY UNl£SS THE APPROPRtA TE AGENCY DE1tRMtNES THAT SEWER AND WATER FACIUllES ARE AYM>I/U. B. GEOTECtiNICAI. CAUTION: THE OWNER OF THIS PROPERTY ON BEHALF OF ITSEIF AHO AU. OF ITS SUCCESSORS II IITEREST HAS AGREED TO HOI.O HARMLESS AND 1NOEMN1rY THE aTY OF CAlllSIIAD FROM ANY ACTION THAT MAY ARISE THROUGH ANY GECl.OGICAI. FM.URE, GROUND WATER SEEPAGE OR LAND SUIISIDOICE AND SUBSEQUENT DAMAGE THAT MAY OCCUR ON. OR ADJACENT TO. TH1S SUB01"1SION DUE TO ITS CONSlRUCTION, OPERA 110N OR MAIITENANCE. C. NO STRUClURE, f"ENCE, WAU.. 1R£E, SHRUII, SIGN, OR OTHER 08..ECT 11A Y BE PLACED OR P£RMITTED TO ENCROAQi WITHIN THE AREA IOENTlflED AS A SIGHT DISTANCE CORRIDOR AS DEANED BY QTY OF CAIII.SIIAD ENGINEIRING STANDARDS OR LINE-OF-SIGHT PER CAl.lllANS STANDARDS. D. THE 0IIINER OF THIS PROPERTY ON BEHALF OF llllELF AND Al.I. OF ITS SUCCESS0RS II IITEREST HAS AGREED TO HOI.O HARMLESS AND -THE QTY OF CAlllSIIAD FROM ANY ACTION THAT MAY ARISE THROUGH ANY Dl\fJISION OF WATERS. THE ALTERATION OF THE NORMAL f\.OW OF SURFACE WATERS OR DRAIIAGE, OR THE ca«:£NTRAllON OF SUfllFACE WATERS OR DRAINAGE FROM THE DRAINAGE S't'SlDI 011 OTHER U'RO\'EIIENTS IDENlFIED II THE QTY ~ -T PLANS; OR BY THE DESIQI, CONSlRIJCTION OR MAIITENANCE OF THE DRAIIAGIE S't'SlDI 011 OTHER fMPRO',/EIIENTS ID£Nllf1ED IN THE QTY APPROIIED OE'vELOPIIENT Pl.ANS. E. THERE ARE NO PUBLIC PAftl< OR RECREATIONAi. FAQUllES TO BE LOCATED IN WHOLE 011 II PART VllTHII THIS SUBOl\'ISION. THE SUBOl\'IDER IS 1HEREl'ORE OBUCATED TO PAY PARK-11-UEU FEES II ACCORDANCE VllTH SECTION 20.4-4.0SO OF THE CAlllSIIAD MUNICIPAi. COOE AND HAS EITHER PND AU. OF SAID PARK 11-UEU FEES OR AGREED TO PAY AU. OF SAJ0 PARK-11-UEU FEES IN ACCORDANCE VllTH SECTION 20.18.070 OF THE CAIII.SIIAD MUNICIPAL C00E. GEOTEQNCAI. REPORT A S0llS REPORT FOR THIS PRO..ECT WAS PREPARED BY GEOCON, INC, DATED f"EIIRUARY 8, 2019, AND IS ON F1LE IN THE omCE OF THE aTY ENGINEER DEPAftlMDIT. SHEET 5 OF 5 SHEETS CT 2018-000J CALIF. COORO. INDEX: 2001 -8233 EXHIBIT B MAXIMUM MONTHLY RENTAL AMOUNT Maximum rent based on 2018 income levels. Rents may be adjusted to new income levels on an annual basis. Maximum rent also assumes that all utilities are included within the monthly rental rate. If utilities are not included in the monthly rental rate and the tenant must pay the utilities separately, an adjustment must be made in the monthly rental rate for a utility allowance. Owner should contact the City of Carlsbad Housing and Neighborhood Services Department for the applicable utility allowance. Rental Chart-2018 -70%of AMI maximum household income Max. Gross HH Max. Monthly HH HH Size Bedroom Size Income (80% AMI) Income Max. Rent* 1 $54,500 $4,542 $1,192 1.5 1 bedroom $1,277 2 $62,300 $5,192 $1,362 *1 bedroom = assumed 1.5 persons 7 1010\17\2059295.] RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Carlsbad City Clerk's Office 1200 Carlsbad Village Drive Carlsbad, CA 92008 No fee for recording pursuant to Government Code Section 27383 E HIBIT C AGREEMENT CONTAINING COVENANTS AND RESTRICTIONS GOVERNING RENT AL OF AFFORDABLE SECOND OR ACCESSORY DWELLING UNIT THIS AGREEMENT CONT A IN ING COVENANTS AND RESTRICTIONS GOVERNING RENTAL OF AFFORDABLE SECOND OR ACCESSORY DWELLING UNIT (the "Agreement") is made and entered into as of _________ , 20_ (the "Effective Date"), by and between the City of Carlsbad, a municipal corporation (the "City"), and ________ , or any successor in interest (collectively, the "Owner") with reference to the following: RECITALS A. Owner is the fee owner of that certain property in the City of Carlsbad, California, which is more particularly described in Exhibit A (the "Property"). As of the Effective Date, two (2) housing units are located, or will be constructed, on the Property. One unit shall be referred to herein as the "Primary Unit" and the other unit shall be referred to herein as the "Second or Accessory Dwelling Unit". Such units are designated on Exhibit B. B. The Property, and other real property, are the subject of [Tentative] Map ____ _ and Site Development Plan _____ , which provided conditional approval of the construction of ____ single family dwelling units (the "Master Development"). C. Condition No. of Planning Commission Resolution No. for the Master Development required, among other things, that the City and _________ (the "Developer") enter into that certain Affordable Housing Agreement dated as of ________ , 20 _, and recorded in the Official Records of San Diego County (the "Official Records") on ______ , 20_, as document ____ (the "Affordable Housing Agreement"). The Affordable Housing Agreement encumbers the Property and the other real property on which the Master Development is developed. D. The Affordable Housing Agreement satisfied the Developer's affordable housing obligation, as set forth in Chapter 21.85 of the Carlsbad Municipal Code (the "Affordable Housing Obligation"). The Owner, as the owner of the Property, is the successor-in-interest to the Developer. E. In conjunction with the approval of the Master Development, the Developer requested, and the City approved, the ability to satisfy the Master Development's Affordable Housing Obligation by providing the Second or Accessory Dwelling Unit on the Property as an alternative to providing for-sale single family dwelling units, as affordable units, in accordance with Chapter 21.85 of the Carlsbad Municipal Code. Such approval is a form of assistance specified in Chapter 4.3 ( commencing with Section 65915) of Division I of Title 7 of the Government Code (the "Incentive"). Accordingly, the Owner is required to make the Second or Accessory Dwelling Unit available for rent exclusively to Low Income Households (as defined below) at an Affordable Rent (as defined below). 8 IO I 0\ 17\2059295. I F. This Agreement is required to be entered into by the City and the Owner, and recorded in the Official Records against the Property, in accordance with Section[_] of the Affordable Housing Agreement in order to comply with the requirements of the Affordable Housing Obligation and Chapter 21.85 of the Carlsbad Municipal Code. NOW THEREFORE, it is hereby agreed by and between the City and the Owner (each a "Party", and, collectively, the "Parties") as follows: ARTICLE 1 DEFINITIONS As used in this Agreement, the tenns set forth below shall have the following meanings (other defined tenns herein not referenced below shall have the meanings where first used). 1.1 "Affordable Rent" means the maximum allowable Rent for the Second or Accessory Dwelling Unit, equal to one-twelfth (1112th) of thirty percent (30%) of seventy percent (70%) of the Median Household Income for Low Income Households, adjusted for assumed household size of two persons in a one-bedroom or three persons in a two-bedroom. 1.2 "Eligible Household" means a household that has been determined to be eligible to be a Tenant of the Second or Accessory Dwelling Unit as a Low Income Household. 1.3 "HCD" means the State of California Department of Housing and Community Development, or any successor 1.4 "HUD" means the U.S. Department of Housing and Urban Development, or any successor. 1.5 "Low Income Household" means a household whose income does not exceed the low income limits applicable to San Diego County, adjusted for household size, as determined by HUD and published annually by the. As of the Effective Date, such income limit is approximately equal to eighty percent (80%) of Median Household Income. 1.6 "Median Household Income" means median yearly income in San Diego County as determined by HUD and published by HCD. 1.7 "Rent" means the total monthly payment by the Tenant of the Second or Accessory Dwelling Unit for all of the following: (1) use and occupancy of the Second or Accessory Dwelling Unit and land and all facilities associated with the Second or Accessory Dwelling Unit, including but not limited to parking, storage, and use of any common areas; (2) any separately charged fees or service charges assessed by the Owner to the Tenant, except security deposits; (3) an allowance for utilities paid by the Tenant as established by the San Diego County Housing Authority, including garbage collection, sewer, water, electricity, gas and other heating, cooking and refrigeration fuel, but not telephone service, Internet, or cable or subscription TV; and (4) any other interest, taxes, fees or charges for use of the Property or associated facilities that are assessed by a public or private entity other than the Owner and paid by the Tenant. 1.8 "Tenant" means an Eligible Household entitled by written or oral agreement with the Owner to have the exclusive right to occupy the Second or Accessory 9 IO I 011712059295. I Dwelling Unit as a home or residence to the exclusion of all others. ARTICLE 2 OWNER'S OBLIGATIONS 2.1 Rental of Second or Accessory Dwelling Unit to Eligible Households. The Owner shall ensure that the Second or Accessory Dwelling Unit is rented to, and occupied by, Eligible Households in accordance with this Agreement. The Owner shall not use the Second or Accessory Dwelling Unit for any other purpose other than as set forth in this Agreement; provided, however, nothing in this Agreement shall be deemed to prohibit the Second or Accessory Dwelling Unit from being vacant so long as such vacant Second or Accessory Dwelling Unit is not used by Owner ( or any other person) for any purpose, including, but not limited to use by the Owner in conjunction with the use and occupancy of the Primary Unit. Except as set forth in the preceding sentence nothing in this Agreement limits the use or occupancy of the Primary Unit. (a) Income Certification. The Owner shall not enter into a lease or rental agreement, or receive Rent from a Tenant, for the Second or Accessory Dwelling Unit unless the Owner has made a good faith effort to verify that the income provided by an applicant in an income certification is accurate by taking one or more of the following steps as a part of the verification process: ( 1) obtain a pay stub for the most recent pay period; (2) obtain an income tax return for the most recent tax year; (3) conduct a credit agency or similar search; (4) obtain an income verification form from the applicant's current employer; (5) obtain an income verification form from the Social Security Administration and/or the California Department of Social Services if the applicant receives assistance from either of such agencies; or ( 6) if the applicant is unemployed and has no such tax return, obtain another form of independent verification. Copies of tenant income certifications shall be available to the City upon request. (b) Maximum Allowable Rent. The maximum Rent charged to the Tenant of the Second Dwelling Unit shall not exceed Affordable Rent. ( c) Increased Income of Tenants. If, upon recertification of a Tenant's income pursuant to Section 2.2, the Owner determines that the Tenant's household income has increased and exceeds the qualifying income for a Low Income Household, then such Tenant shall continue to be considered an "Eligible Household", and shall be permitted to continue to occupy the Second Dwelling Unit, at the rent set forth in subsection (c), above; provided, however, nothing in this Agreement shall prohibit the Owner from terminating such tenancy upon the expiration of such Tenant's lease. Following such Tenant's vacancy, the Owner shall lease the Second Dwelling Unit to an Eligible Household. (d) Information. At the request of the Owner, the City shall provide the Owner with the low and very low income limits applicable to San Diego County, adjusted for household size, as published from time to time by HCD. 2.2 Annual Certification. The Owner shall certify the Tenant's household income on an annual basis. The Owner shall provide the City with a certification, in the form attached as Exhibit C, no later than June 30th of each year of the Term setting forth the following 10 IO I 0\ 1712059295.1 information with respect to the Tenant occupying the Second Dwelling Unit: unit address, Tenant name, size of Tenant's household, unit size, and date first occupied, and a copy of the annual income certification obtained by the Owner from the Tenant. The purpose of the yearly Owner certification is to document Owner's compliance with the restrictions set forth herein. 2.3 Lease Provisions. The Owner shall use a form of Tenant lease (the "Tenant Lease") approved by the City for the Second Dwelling Unit. The City shall either approve or specify its basis for disapproval, if any, within thirty (30) days after the Owner submits such proposed form lease to City. The Tenant Lease shall, among other matters: (a) provide that the Rent may not be raised more often than once every twelve (12) months. The Owner will provide the Tenant with at least sixty (60) days written notice of any increase in Rent, and any Rent increase shall not violate the limitations imposed by this Agreement; (b) prohibit the Second or Accessory Dwelling Unit ( or any portion of the Second Dwelling Unit) from: (i) any sublease, except as permitted by Section 2.6, below; (ii) use as a "short-term vacation rental" (as such term is defined in Chapter 5.60 of the City of Carlsbad Municipal Code, as may be amended from time to time); (iii) use for tourist or transient use, or any other short-term rental; and (iii) being listed on any "hosting platform" (as defined in California Business & Professions Code 22590, as may be amended from time to time), including, but not limited to any Internet-based "hosting platform", such as "airbnb.com", or any similar service; (c) require the Tenant to provide an annual income certification to the Owner; (d) include, at Owner's option, the obligation for Tenant to provide a security deposit not exceeding two months' rent; and (e) be for an initial term of one year. 2.4 Inspection. For purposes of confirming compliance with this Agreement, the Second Dwelling Unit shall be made available by Owner to be inspected by the City during regular business hours upon seventy-two (72) hours' written notice; provided, however, that any such inspection shall occur only once during any twelve (12) calendar month period unless: (i) the City receives a complaint that a Tenant is occupying the Second or Accessory Dwelling Unit in violation of this Agreement (or that the Owner is otherwise violating this Agreement); or (ii) a new Tenant is occupying the Second Dwelling Unit, in which case City may re-inspect. The Owner hereby irrevocably grants the City (and its agents) a right of entry to enter the Property for the purposes of such inspection. 2.5 Records. The Owner shall maintain reasonably complete and accurate records pertaining to such rental of the Second or Accessory Dwelling Unit throughout the duration of each tenancy. Owner shall permit any authorized representative of the City to inspect such records of any current Tenant upon reasonable notice, including those resident files pertaining to said rental, for the purpose of confirming compliance with the terms, conditions and covenants of this Agreement. 11 10 I 011712059295.1 2.6 Assignments and Subletting. The Owner shall at no time permit the Tenant to assign its leasehold interest in the Second or Accessory Dwelling Unit or to sublet all or a portion of the Second or Accessory Dwelling Unit to any person other than to another Eligible Household. Owner shall have the right to approve or disapprove any proposed assignment or sublease at Owner's sole discretion; provided that prior to approving any proposed assignment or sublease, Owner shall comply with the provisions of Section 2.1 above to confirm the eligibility of the proposed assignee or sub-lessee. 2.7 Agreement to Limitation on Rents. (a) The Owner acknowledges that the Property, as a component of the Master Development, received the Incentive from the City in connection with the approval of the Master Development, and the Incentive is a form of assistance specified in Chapter 4.3 (commencing with Section 65915) of Division 1 of Title 7 of the Government Code. Sections 1954.52(b) and 1954.53(a)(2) of the Costa-Hawkins Act provide that, where an owner has received such assistance, certain provisions of the Costa-Hawkins Act do not apply if a property owner has so agreed by contract. The Owner hereby agrees to limit the Rents for the Second or Accessory Dwelling Unit, as provided in this Agreement, in consideration of the Property's receipt of the Incentive and further agrees that any limitations on Rents imposed on the Second or Accessory Dwelling Unit are in conformance with the Costa-Hawkins Act. (b) The Owner further warrants and covenants that the terms of this Agreement are fully enforceable. The Owner agrees and acknowledges that the City would not have provided the necessary approvals for the Master Development without the obligation to record this Agreement against the Property in the Officials Records, and that in providing the necessary approvals for the Master Development, the City was relying on the restrictions imposed on the Second or Accessory Dwelling Unit by this Agreement. 2.8 Deeds. Owner acknowledges that this Agreement shall be recorded in the Official Records against the Property, and any deed transferring any fee interest in the Property shall include the following language; provided, however, the failure to include the following language shall not limit, waive, or impair the obligations set forth in this Agreement: NOTICE: THE SECOND DWELLING UNIT ON THIS PROPERTY IS REQUIRED TO BE RENTED TO PERSONS MEETING CERTAIN ELIGIBILITY REQUIREMENTS AT A BELOW-MARKET RATE RENT, PURSUANT TO THE CITY OF CARLSBAD MUNICIPAL CODE. FOR MORE INFORMATION, SEE THE AGREEMENT RECORDED AGAINST THIS PROPERTY ENTITLED "AGREEMENT CONTAINING COVENANTS AND RESTRICTIONS GOVERNING RENTAL OF AFFORDABLE SECOND DWELLING UNIT". THE RESTRICTIONS SET FORTH IN SUCH AGREEMENT BIND ALL HEIRS AND SUCCESSORS TO THIS DEED. ARTICLE3 TERM 3.1 Term. This Agreement shall become effective as of the Effective Date and shall remain in full force and effect for a term of fifty-five (55) years following the recordation of this Agreement in the Official Records unless the City elects, in the City's sole discretion, to terminate this Agreement by written instrument recorded in the Official Records. 12 IO I 011712059295. I ARTICLE4 DEFAULT 4.1 Violations by Owner. Failure of the Owner to cure any default in the Owner's obligations under the terms of this Agreement within thirty (30) days after the delivery of a written notice of default from the City ( or such longer period of time up to an additional sixty (60) days as may be necessary to remedy such default, provided that the Owner has commenced action during the thirty (30) days necessary to remedy such default, and the Owner is proceeding with reasonable diligence to remedy such default) will constitute a default under this Agreement. 4.2 Remedies. Subject to the applicable notice and cure period set forth above, the City may exercise any and all remedies available to it at law or equity with respect to the Owner's failure to satisfy the terms of this Agreement. Owner acknowledges that any breach in Owner's performance of Owner's obligations under this Agreement shall cause irreparable harm to the City, and materially impair the public policy objectives set forth in the Carlsbad Municipal Code. Therefore, Owner agrees that the City is entitled to equitable relief in the form of specific performance, and that an award of damages may not be adequate to compensate the City for Owner's failure to perform according to the terms of this Agreement. Notwithstanding the foregoing, the City, in its sole and absolute discretion, may elect the appropriate remedy for Owner's default under this Agreement. ARTICLE 5 GENERAL PROVISIONS 5.1 Notices. All notices required pursuant to this Agreement shall be in writing and shall be deemed to have been duly given (a) upon personal delivery, including delivery by courier, or (b) three (3) business days after the mailing by registered or certified mail, return receipt requested, to the Party to receive such notice at the addresses set forth below: To the City: City of Carlsbad Housing and Neighborhood Services 1200 Carlsbad Village Drive Carlsbad, CA 92008 To the Owner: Any Party may change the address to which notices are to be sent by notifying the other Parties of the new address, in the manner set forth above. 5.2 Entire Agreement. The Recitals set forth above, and all exhibits attached hereto, are hereby incorporated into this Agreement by this reference. This Agreement contains the entire agreement between the Parties as to the subject matter hereof, and supersedes any and all prior arrangements and understandings between the Parties, and no other agreement, statement 13 1010\17\2059295. I or promise made by either Party hereto which is not contained herein shall be binding or valid provided, however, that nothing in this Section limits the effect or enforceability of the City of Carlsbad Municipal Code. This Agreement shall not be construed as if it had been prepared by one of the Parties, but rather as if both Parties had prepared it. The Parties have read and reviewed this Agreement and agree that any rule of construction to the effect that ambiguities are to be resolved against the drafting party (including but not limited to Civil Code Section 1654 as may be amended from time to time) shall not apply to the interpretation of this Agreement. In the event of any conflict between the terms of this Agreement, and the terms of the disclosure statement executed by the City and the Owner in conjunction with this Agreement, the terms of this Agreement shall prevail. 5.3 Amendment. This Agreement may be amended only by the written agreement of the Parties. 5.4 Severability. In the event any limitation, condition, restriction, covenant, or provision contained in this Agreement is to be held invalid, void or unenforceable by any court of competent jurisdiction, or if any provision of this Agreement is rendered invalid or unenforceable pursuant to any California statute which became effective after the Effective Date, the remaining portions of this Agreement shall nevertheless remain in full force and effect. 5.5 Waiver. The waiver of or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provisions hereof. 5.6 Covenant Running with the Land. The covenants and conditions herein contained shall apply to and bind, during their respective periods of fee ownership, Owner and its heirs, executors, administrators, successors, transferees, and assignees ( each a "Transferee") having or acquiring any right, title or interest in or to any part of the Property, whether by operation of law or in any manner whatsoever, and shall run with and burden the Property for the entire Term unless or until released in accordance with Article 3. All of the provisions of this Agreement shall be enforceable as equitable servitudes and shall constitute covenants running with the land pursuant to applicable laws, including without limitation Section 1468 of the California Civil Code. Each covenant to do, or to refrain from doing, some act on the Property hereunder: (a) is for the benefit of the Property and is a burden on the Property, (b) runs with the Property, and (c) is binding upon each Party and each successive owner during its ownership of the Property or any portion thereof, and shall be a benefit to and a burden upon each Party and the Property hereunder and each other person or entity succeeding in an interest to the Property. 5.7 Assignment and Assumption; Release. Provided that a Transferee expressly assumes Owner's obligations hereunder pursuant to an assignment and assumption agreement in a form approved by the City in connection with the transfer of any part of the Property, the Owner shall be released from all obligations following the recordation of such assignment and assumption agreement in the Official Records. 5.8 Non-Discrimination. The Second or Accessory Dwelling Unit shall be available for occupancy to members of the general public. The Owner shall not give preference to any particular class or group of persons in renting the Second Accessory Dwelling Unit or selling the Property, except to the extent that the Second or Accessory Dwelling Unit is required 14 IO I 0\ 17\2059295. I to be rented to Eligible Households; provided, however, there shall be no discrimination against or segregation of any person or group of persons, on account of race, color, creed, religion, sex, sexual orientation, marital status, national origin, source of income ( e.g., SSI), age, ancestry, disability, or any other basis prohibited by the Fair Housing Act or the Fair Employment and Housing Act in the leasing, transferring, use, occupancy, tenure, or enjoyment of the Second Dwelling Unit nor shall the Owner or any person claiming under or through the Owner, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy of Tenants of the Second or Accessory Dwelling Unit. The Owner has agreed to the obligations set forth in this Section in consideration for the Incentive. 5.9 Relationship of Parties. Nothing contained in this Agreement shall be deemed or construed by the Parties or any third party to create the relationship of principal and agent or of partnership or of joint venture or of association. The relationship of the Parties is that of an owner of real property and an administrator of a City inclusionary housing program; furthermore, the Parties agree and acknowledge that this Agreement is in furtherance of the inherent power of City to regulate the use of land within City's jurisdiction. Owner further acknowledges, understands and agrees that the City does not undertake or assume any responsibility for or duty to Owner to select, review, inspect, supervise, pass judgment on, or inform Owner of the quality, adequacy or suitability of the Second or Accessory Dwelling Unit ( or any other portion of the Property). The City owes no duty of care to protect Owner against negligent, faulty, inadequate or defective building or construction or any condition of the Property and Owner agrees that neither Owner, or Owner's heirs, successors or assigns shall ever claim, have or assert any right or action against the City for any loss, damage or other matter arising out of or resulting from any condition of the Property and will hold the City harmless from any liability, loss or damage as set forth in Section 5.10. Any review by the City of any documents submitted by the Owner to the City pursuant to this Agreement, including, but not limited to any Tenant Lease, is solely to confirm compliance with the requirements of this Agreement and shall not be deemed to be a representation of any kind of the validity or legal enforceability of such document(s). 5.10 Hold Harmless; Indemnity. Owner shall indemnify, defend (with counsel reasonably selected by the City), and hold harmless the City and its officers, officials, agents, and employees against any and all liability, claims, actions, causes of action or demands whatsoever against any of them, including any injury or death of any person or damage to property or other liability of any nature, or any claims by a Tenant, a former Tenant or prospective Tenant, arising out of Owner's performance of its obligations hereunder, except where the cause of such is the gross negligence or willful misconduct of the City. The indemnification obligations set forth in this Section shall survive any termination or expiration of this Agreement. 5.11 Applicable Law and Venue. This Agreement shall be governed by California law. Venue for any dispute arising out of this Agreement shall be San Diego County. 5.12 Attorneys' Fees and Costs. In the event any action or proceeding in court or other dispute resolution mechanism permitted under this Agreement is commenced by either party to interpret or enforce the terms of this Agreement, the prevailing Party therein shall be entitled to recover from the non-prevailing Party all of the prevailing Party's reasonable costs and expenses in connection therewith, including on any appeal and including expert witness fees, 15 IO I 0\ 17\2059295. I document copying expenses, exhibit preparation costs, carrier expenses and postage and communication expenses, and reasonable attorneys' fees and costs for the services rendered to the prevailing Party in such action or proceeding (which shall include the reasonable costs for services of the City's in-house counsel). 5 .13 Time is of the Essence. In all matters under this Agreement, the Parties agree that time is of the essence. References in this Agreement to days shall be to calendar days. If the last day of any period to give or reply to a notice, meet a deadline or undertake any other action occurs on a day that is not a day of the week on which the City of Carlsbad is open to the public for carrying on substantially all business functions (a "Business Day"), then the last day for giving or replying to such notice, meeting such deadline or undertaking any such other action shall be the next succeeding Business Day. In no event shall a Saturday or Sunday be considered a Business Day. 5.14 Interpretation. The use in this Agreement of the words "including", "such as" or words of similar import when used with reference to any general term, statement or matter shall not be construed to limit such statement, term or matter to the specific statements, terms or matters, unless language of limitation, such as "and limited to" or words of similar import are used with reference thereto. The headings of this Agreement are for convenience only and do not in any way limit or amplify the terms or provisions hereof. All pronouns and variations thereof shall be deemed to refer to the masculine, feminine, or neuter, and to the singular or plural, as the identity of the party or parties may require. 5.15 Government Standards. In the event any standard established and maintained by any governmental agency which is necessary to give effect to this Agreement ceases to exist, and no comparable replacement is issued, the Parties shall create a replacement standard utilizing the formula and factors previously used to create the discontinued standard. 5.16 No Limitation on Municipal Powers. Nothing in this Agreement shall limit, waive, or otherwise impair the authority and discretion of: (a) the City's Building Department, in connection with the review and approval of any proposed construction plans for the Property ( or any change to such plans), or any use, or proposed use, of the Property; or (b) any other office or department of the City acting in its capacity as a governmental regulatory authority with jurisdiction over the development, use, or operation of the Property. 5.17 Counterparts. This Agreement may be executed in multiple originals, each of which is deemed to be an original, and may be signed in counterparts, which shall constitute one and the same agreement. Remainder of Page Left Intentionally Blank 16 1010\1712059295. l IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the Effective Date. CITY: CITY OF CARLSBAD, a municipal corporation By: Name: Its: OWNER: By: Name: By: Name: (Signatures must be notarized) A notary public or otherofficer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) 1010117\2059295.1 ) COUNTY OF -------- On _________ , before me, ____________ , Notary Public, personally appeared _________________ , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify UNDER PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Name: Name: Notary Public 1010\17\2059295.1 A notary public or otherofficer completing this ce1tificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) COUNTY OF -------- On _________ , before me, ____________ , Notary Public, personally appeared _________________ , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Name: Name: Nota1y Public I0I01I7\2059295.I EXHIBIT A PROPERTY LEGAL DESCRIPTION 4 CA 05/27/2016 EXHIBIT B DRAWING DEPICTING PRIMARY UNIT AND SECOND OR ACCESSORY DWELLING UNIT ON PROPERTY 5 CA 05/27/2016 EXHIBIT C FORM OF OWNER CERTIFICATION To: City of Carlsbad ("City") From: ___________ [name ofowner(s)] ("Owner(s)") Address of Property: ___________ ("Property") Date: By signature below, I/we _________ [insert name or names of Owner(s)l hereby certify to the City, under penalty of perjury, that the second dwelling unit located on the Property (the "Second Dwelling Unit") is being utilized in accordance with the "Agreement Containing Covenants and Restrictions Governing Rental of Affordable Second Dwelling Unit" (the "Agreement") recorded against the Property. In accordance with Section 2.2 of the Agreement, I/we provide the following information regarding the Second Dwelling Unit: I. Tenant name: 2. Size of Tenant's household: 3. Second Dwelling Unit size (number of bedrooms): 4. Date Second Dwelling Unit first occupied by Tenant: ________ _ 5. A copy of the Tenant's annual income certification is attached. This Owner Certification is signed on _______ , 20 _, under penalty of perjury. By: Owner signature Date: Due Date: June 30 of each calendar year. 6 CA 05/27/2016