HomeMy WebLinkAboutCT 15-08; Grand Pacific Carlsbad, LP; 2016-0051993; Permanent Stormwater AgreementWHEREAS, development of the Property has been approved by the City, and is subject to
the requirements of the State of California Regional Water Quality Control Board-San Diego Region
Order No. ORDER NO. R9-2007-01/NPDES NO. CAS0108758, as promulgated within the City of
Carlsbad Public Works Department, Storm Water Standards Manual, 2004 Edition, hereinafter
referred to as "storm water regulations" and incorporated herein by this reference; and
WHEREAS, the Owner is required to comply with all Federal, State and Local storm water
regulations by employing permanent post-construction Best Management Practices (BMP's),
hereinafter referred to as "permanent BMP(s)" to ensure impacts to storm water quality are
mitigated to the Maximum Extent Practicable (MEP) prior to being discharged from the Property;
and
WHEREAS, the City and the Owner, its successors and assigns agree that the health
safety, and welfare of the residents of Carlsbad, California, require that permanent BMP(s) be
established, constructed, inspected, and operated and maintained in perpetuity on the Property;
and
WHEREAS, the storm water regulations require that permanent BMP(s) be established,
constructed and adequately inspected, operated and maintained by the Owner, its successors and
assigns, including any homeowner or property owner association; and
WHEREAS, the Owner has caused to be prepared a Storm Water Management Plan
(SWMP) report and drawing(s) which together detail the objectives, design, construction, inspection
and operation and maintenance responsibility requirements of the permanent BMP(s)
recommended to mitigate impacts to storm water quality due to the development of the Property,
hereinafter collectively referred to as the "Storm Water BMP Plan" and incorporated herein by this
reference; and,
WHEREAS, storm water regulations require that the City ensure the continued
existence and inspection, operation and maintenance of the permanent BMP(s); and
WHEREAS, the City has required the recordation of this Agreement as a condition of
approval of the project that secures the construction, inspection, operation and maintenance of on-
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site permanent BMP(s) by the Owner, its successors and assigns, including any property owners
association, in perpetuity, and
NOW, THEREFORE, in consideration of the approval of this project, the foregoing
promises, the mutual covenants contained herein, and the following terms and conditions,
Owner and City agree as follows:
1. Owner shall comply with all the requirements of said storm water regulations and any
applicable amendments thereto, and with any other provisions of law.
2. The permanent BMP(s) shall be established and constructed by Owner, its successors
and assigns, in accordance with the plans and specifications identified in the Storm Water BMP
Plan and modification to the approved permanent BMP(s) shall not be made without prior approval
of the City Engineer.
3. Owner, its successors and assigns, including any homeowner or property owner
association, shall adequately, inspect, operate and maintain the permanent BMP(s). This includes
private (non-public) pipes and channels built to convey storm water to the facility, as well as all
private structures, improvements, and vegetation provided to control the quantity and quality of the
storm water runoff and any associated practices and programs. Adequate maintenance is herein
defined as good working condition so that the permanent BMP(s) are performing in accordance with
their design objectives and functions.
4. Owner, its successors and assigns, shall inspect applicable permanent BMP(s) as often
as conditions require, or at frequencies recommended in the approved Storm Water BMP Plan, but
in any event at least once each year prior to the rainy season. The purpose of the inspection is to
assure continued safe and proper functioning of the facilities. The inspection shall cover the entire
facilities, berms, outlet structure, pond areas, access roads, etc. Owner shall submit an inspection
report annually to the City in a form as proscribed in the Storm Water BMP Plan or as may be
proscribed by the City. Deficiencies shall be noted in the inspection report. Any deficiencies,
repairs or maintenance obligations shall be noted in a record form and immediately remedied by the
Owner.
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5. Owner shall maintain inspection, operation and maintenance records for at least five (5)
years. These records shall be made available to the City for inspection upon request at any time.
6. Owner, its successors and assigns, hereby grant permission to the City, its authorized
agents and employees, to enter upon the Property and to inspect the permanent BMP(s) whenever
the City deems necessary. The purpose of inspection is to follow-up on reported deficiencies to
respond to State and Federal mandated storm water facility inspection requirements and/or to
respond to citizen complaints. The City shall provide Owner, its successors and assigns, copies of
the inspection findings and a directive to commence with the repairs or corrective measures if
necessary.
7. In the event the Owner, its successors and assigns, fails to take corrective action to
maintain the permanent BMP(s) in good working condition acceptable to the City, the City may
enter upon the Property and take whatever steps necessary to correct deficiencies identified in the
inspection report and to charge the costs of such repairs to the Owner, its successors and assigns.
This provision shall not be construed to allow the City to erect any structure of permanent nature on
the land of the Owner outside of the easement for the permanent BMP(s), if an easement is
provided, or outside the limits of the permanent BMP(s) facility footprint described on the Storm
Water BMP Plan, if an easement is not provided. It is expressly understood and agreed that the
City is under no obligation to routinely maintain or repair said facilities, and in no event shall this
Agreement be construed to impose any such obligation on the City.
8. Owner, its successors and assigns, will perform the work necessary to keep the
permanent BMP(s) in good working order as appropriate. In the event a maintenance schedule for
the permanent BMP(s) is outlined in the approved Storm Water BMP Plan, the schedule shall be
followed.
9. In the event the City pursuant to this Agreement, performs work of any nature, or
expends any funds in performance of said work for labor, use of equipment, supplies, materials,
and the like, the Owner, its successors and assigns, shall reimburse the City upon demand, within
thirty (30) days of receipt thereof for all actual costs incurred by the City hereunder. If not paid
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within the prescribed time period, the City shall secure a lien against the Property in the amount of
such costs. The actions described in this section are in addition to and not in lieu of any and all
legal remedies available to the City as a result of Owner's failure to maintain the permanent
BMP(s).
10. Owner agrees that the permanent BMP(s) are privately-owned, operated and
maintained by the Owner and acceptance of the work by the City shall not constitute a responsibility
of the City to maintain them nor a Waiver of Defects by City.
11. Owner agrees that all residual material that is a byproduct of the proper operation and
maintenance of permanent post-construction BMP's (waste) will be disposed of according to all
federal, state and local regulations.
12. Unless otherwise specifically provided herein, all notices, demands or other
communications given hereunder shall be in writing and shall be deemed to have been duly
delivered upon personal delivery, or by Federal Express (or similar reputable express delivery
service) or by facsimile transmission with back-up copy mailed the same day, or as of the second
business day after mailing by United States Certified Mail, return receipt requested, postage
prepaid, addressed as shown below. Notices required to be given to Owner shall be addressed as
follows:
Notices to the Owner shall be delivered to the following:
Grand Pacific Carlsbad, LP
5900 Pasteur Ct., Ste. 200
Carlsbad, CA 92008
(760) 431-8500
Notices to City shall be delivered to the following:
City of Carlsbad
1635 Faraday Avenue
Carlsbad, CA 92008
Attention: City Engineer
Telephone No.: (760) 602-2730
Facsimile No.: (760) 602-8562
Each party shall notify the other immediately of any changes of ownership or
address that would require any notice delivered hereunder to be directed to another Owner and/or
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to another address. In the event Owner fails to notify City of any change of ownership, the new
Owner and the Owner whose name appears above, or whose name and address has been
subsequently provided to the City pursuant to this provision, shall jointly be responsible for the
operation and maintenance of any permanent post-construction BMP's on the Property and for any
required annual verification statements until such time as the City is provided notification of the
name and address of the new or subsequent Owner, pursuant to the provisions of this section.
13. The City or any officer or employee thereof shall not be liable for any injury to persons
or property occasioned by reason of the acts or omission of Owner, its agents or employees in the
performance of this Agreement. Owner further agrees to protect and hold harmless City, its officials
and employees from any and all claims, demands, causes or action, liability or loss of any sort
because or arising out of acts or omissions of Owner, its agents or employees in the performance of
this Agreement, including claims, demands, causes of action, liability, or loss because of or arising
out of the design or construction of the permanent post-construction BMP facilities. Said
indemnification and Agreement to hold harmless shall extend to injuries to person and damages or
taking of property resulting from the design or construction of said permanent BMP(s) as provided
herein, and to adjacent property owner as a consequence of the diversion of waters from the
design, construction or maintenance of drainage systems, streets, and other improvements.
14. This Agreement shall be recorded against the Property and shall constitute a covenant
running with the land and shall be binding upon Owner.
15. Invalidation of any one of the provisions of this Agreement shall in no way effect any
other provisions and all other provisions shall remain in full force and effect.
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EXHIBIT "A"
LEGAL DESCRIPTION
HiE LAND REFERRED TO HEREIN BELOW IS SITU A TED IN THE COUNTY OF SAN DIEGO, STATE OF
CAUFORNIA. AND IS DESCRIBED AS FOLLOWS:
PARCEL I: APN 21!-130-ll
PARCEL B OF THAT CERTAIN CERTIFICATE OF COMPLIANCE (ADJ 12-02-CE 12-05) RECORDED APRIL 2,
2012, AS FILE NUMBER OF OFFICIAL RECORDS OF SAN DJEGO COUNTY, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
THAT PORTION OF PARCEL A AS SHOWN ON CERTIFICATE OF COMPLIANCE RECORDED AS DOCUMENT
'" ..... : ..... :::~ , ON OCTOBER 6, 2006 RECORDED IN THE OFFICES OF THE COUNTY RECORDER, COUNTY OF
SAN DIEGO. STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS AND
ILLUSTRATED AS EXHIBIT "B" ATTACHED HERETO AND MADE A PART OF THIS DOCUMENT:
BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 3 OF CARLSBAD TRACT NO. 03-02, RECORDED AS
MAY 3, 2006 AS FILE BEING A POINT ON THE EASTERLY LINE OF LOT
12 OF SAID MAP, SAID POINT LYING ON A 522.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, A
RADIAL TO SAID POINT BEARS NORTH 40°20'21" EAST; THENCE LEAVING SAID EASTERLY LINE OF LOT 12,
NORTH 43°18'15" EAST A DISTANCE OF 75.59 FEET; THENCE NORTH 12°58'08" EAST A DISTANCE OF 66.19
FEET; THENCE NORTH 02"1 1 '26" WEST A DISTANCE OF 45.60 FEET TO A POTNT ON A 69.00 FOOT RADIUS
CURVE, CONCAVE NORTHERLY, A RADIAL TO SAID POINT BEARS SOUTH 02°1 J '26" EAST; THENCE
EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 30°08'32", AN ARC LENGTH
OF 36.30 FEET TO THE BEGINNING OF A 139.00 FOOT RADIUS COMPOUND CURVE, CONCAVE
NORTHWESTERLY A RADIAL TO SAID POINT BEARS SOUTH 32°!9'58" EAST; THENCE NORTHEASTERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 41°20'27", AN ARC LENGTH OF 100.29
FEET: THENCE LEAVING SAID CURVE SOUTH 79°32'38" EAST A DISTANCE OF 139.93 FEET; THENCE SOUTH
00"19'39" WEST A DISTANCE OF 179.12 FEET; THENCE SOUTH 89"41 '50" EAST A DISTANCE OF 72.73 FEET;
THENCE NOR'I'H 75°18'03" EAST A DISTANCE OF 89.02 FEET; THENCE SOUTH !4°42'30" EAST A DISTANCE
OF 95.22 FEET; THENCE SOUTH 03°24'48" WEST A DISTANCE OF 27.80 FEET; THENCE NORTH 79°58'33"' WEST
A DISTANCE OF 114.68 FEET; THENCE SOUTH 58°37'29" WEST A DISTANCE OF 27!.51 FEET TO A POINT ON
THE EASTERLY LINE OF LOT 12, A RADIAL TO SAID POINT BEARS NORTH 64"02'59" EAST; THENCE
NORTHWESTERLY ALONG SAID EASTERLY LINE OF LOT l 2 AND ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 23"42'38", AN ARC LENGTH OF 216.02 FEET; TO THE POINT OF
BEGINNING.
PARCEL2:
A PERMANENT AND NONEXCLUSIVE EASEMENT IN, OVER, UNDER, ACROSS, THROUGH, AND ALONG
LOTS 2 THROUGH 9 AND 11 THROUGH !6 OF CITY OF CARLSBAD TRACT NO. 03-02, CARLSBAD RANCH
HOTEL AND TIMESHARE CONDOMINIUMS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA. ACCORDING TO FILED IN THE OFFICE OF THE COUNTY RECORDER
ON MAY 3, 2006. FOR GRANTEE'S CONSTRUCTION, USE, AND MAINTENANCE OF UTILITIES, INCLUDING
UNDERGROUND UTILITIES, TO SERVICE GRANTEE'S HOTEL, RESTAURANT, AND CONFERENCE CENTER.
PARCEL 3:
A PERMANENT AND NONEXCLUSIVE EASEMENT IN, OVER, ACROSS, THROUGH, AND ALONG THE ROAD
SURFACE AND WALKWAY PORTIONS OF LOT 12 OF CITY OF CARLSBAD TRACT NO. 03-02, CARLSBAD
RANCH HOTEL AND TIMESHARE CONDOMINIUMS, TN THE CITY OF CARLSBAD, COUNTY OF SAN DrEGO,
STATE OF CALIFORNIA, ACCORDING TO ' FILED IN THE OFFICE OF THE COUNTY
RECORDER ON MAY 3, 2006. FOR VEHICLE AND PEDESTRIAN INGRESS AND EGRESS PURPOSES BY
l or 7
EXHIBIT A
(Continued)
GUESTS, VISITORS, AGENTS, EMl)LOYEES. STAFF MEMBERS, BUSINESS PATRONS, SERVICE PROVIDERS
AND OTHER INVfTEES OF THE HOTEL, RESTAURANT, AND CONFERENCE CENTER,
PARCEL 4:
TWO (2) PERMANENT AND NONEXCLUSIVE EASEMENTS FOR:
(l) A PARKING EASEMENT IN, OVER, ACROSS, THROUGH, Al\'D ALONG THE PARKING LOT ON LOT 15 OF
CITY OF CARLSBAD TRACT NO, 03-02, CARLSBAD RANCH HOTEL AND TIMESHARE CONDOMINIUMS, IN
THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
,,,,'"''''""''''·"'''FILED IN THE OFFICE Of THE COUNTY RECORDER ON MAY 3, 2006, FOR VEHICLE INGRESS AND
EGRESS AND VEHICLE PARKING PURPOSES BY GUESTS, VISITORS, AGENTS, EMPLOYEES, STAFF
MEMBERS, BUSINESS PATRONS, SERVICE PROVIDERS AND OTHER INVITEES OF THE HOTEL,
REST AURA NT, AND CONFERENCE CENTER; AND
{2) A PEDESTRIAN EASEMENT lN. OVER, ACROSS, THROUGH, AND ALONG THE PARKING LOT AND
WALKWAY AREAS OF SAID LOT 15 ABOVE FOR PEDESTRIAN INGRESS AND EGRESS TO THE ENTRANCE
GATE ("BACKGATE") TO THE LEGOLAND CALIFORNIA THEME PARK BY GUESTS AND VISITORS.
PARCELS:
TWO (2) PERMANENT AND NONEXCLUSIVE EASEMENTS FOR:
(I) A TEMPORARY EASEMENT IN, OVER, ACROSS. THROUGH, AND ALONG LOTS 2, 3, I 1, 12, 13, AND 16 OF
CITY OF CARLSBAD TRACT NO, 03-02, CARLSBAD RANCH HOTEL AND TIMESHARE CONDOMINIUMS, IN
THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,c.,,:,:,
'"'"'''',,,,,,,"·"''FILED IN THE OFFICE OF THE COUNTY RECORDER ON MAY 3, 2006, IN CONNECTION WITH THE
CONSTRUCTION OF THE HOTEL, REST AU RANT, AND CONFERENCE CENTER, FOR THE PURPOSE OF
AUTHORIZING INCIDENTAL ENCROACHMENTS WHICH MAY OCCUR AS A RESULT OF THE USE OF
LADDERS, SCAFFOLDING, SHEDS AND SIMILAR FACILITIES OR STRUCTURES RESULTING IN TEMPORARY
OBSTRUCTIONS UPON PORTIONS OF SAID LOTS 2, 3, ll, 12, J 3, AND 16 ABOVE, SO LONG AS SUCH USE IS
KEPT WITHIN THE REASONABLE REQUIREMENTS OF CONSTRUCTION WORK EXPED!TJOUSL Y PURSUED,
AND PROVIDED SUCH TEMPORARY OBSTRUCTIONS ARE PROMPTLY REMOVED FOLLOWING
COMPLETION OF SUCH CONSTRUCTION; AND
(IJ) AN EASEMENT IN, OVER, UNDER, ACROSS, THROUGH, AND ALONG SAID LOTS 2, 3, l l, 12, 13, JND 16
ABOVE, TN CONNECTION WITH CONSTRUCTION, FOR THE PURPOSE OF AUTHORIZING THE PLACEMENT
OF UNDERGROUND PIERS, FOOTINGS AND/OR FOUNDATIONS ACROSS THE BOUNDARY LINE OF SAID
LOTS,
PARCEL 6: APN 21 J-131-15
PARCEL C OF THAT CERTAIN CERTIFICATE OF COMPLIANCE (ADJ 12-02-CE 12-06) RECORDED APRIL 2,
2012, AS FILE NUMBER OF OFFICIAL RECORDS OF SAN DIEGO COUNTY. BEINO MORE
PARTlCULARL Y DESCRIBED AS FOLLOWS:
ALL OF PARCEL BAS SHOWN ON CERTIFICATE OF COMPLIANCE RECORDED AS DOCUMENT
ON OCTOBER 6, 2006 AND ALL OF LOT 13 OF CARLSBAD TRACT NO, 03-02, RECORDED AS
ON MAY 3, 2006 AS FILE ALL RECORDED IN THE OFFICES OF THE COUNTY RECORDER,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST WESTERLY COR..~ER OF SAID LOT 13 BEING A POINT ON THE EASTERLY LINE
OF LOT 12 OF SAID MAP; THENCE NORTH66"37'55" EAST A DISTANCE OF 203,90 FEET; THENCE NORTH
2 oF 7-
EXHIBIT A
(Continued)
21°37'55" EAST /\ DISTANCE OF 8.34 FEET; THENCE NORTH 23"22'05" WEST A DISTANCE OF69.83 FEET;
THENCE SOUTH 43"'14'03'' WEST A DISTANCE OF 19.21 FEET; THENCE NORTH 46°45'57" WEST A DISTANCE
OF 13.00 FEET TO THE BEGINNING OF A 37.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY;
THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 26°25'10",
AN ARC LENGTH OF !7.06 FEET; THENCE NORTH 73°Il'07" WEST A DISTANCE OF 93.79 FEET; THENCE
NORTHI6°48'53" EAST A DISTANCE OF 55.46 FEET; THENCE NORTH 23°22'05" WEST A DISTANCE OF 11.51
FEET; THENCE NORTH 66''37'55" EAST A DISTANCE 0Fl70.75 FEET; THENCE SOUTH 23°22'05" EAST A
DISTANCE OF 74.00 FEET: THENCE NORTH 66°37'55" EAST A DISTANCE OF 100.00 FEET; THENCE SOUTH
23"22'05" EAST A DISTANCE OF 138.00 FEET; THENCE NORTH66"37'55" EAST A DISTANCE OF 35.12 FEET;
THENCE SOUTH 36"02'20" EAST A DISTANCE OF 100.78 FEET: THENCE SOUTH 88"02'53" EAST A DISTANCE
OF79.30 FEET; THENCE SOUTH 63°51'08" EAST A DISTANCE OF 96.38 FEET; THENCE SOUTH 11°56'19" EAST A
DISTANCE OF 96.12 FEET; THENCE SOUTH00°02'37" WEST A DISTANCE OF 142.42 FEET; THENCE SOUTH
14°42'30" EAST A DISTANCE OF 33.45 FEET; THENCE SOUTH 75°18'03" WEST A DISTANCE OF89.02 FEET;
THENCE SOUTH 89"41 '50" WEST A DISTANCE OF 72.73 FEET; THENCE NORTH 00°!9'39" EAST A DISTANCE OF
179.12 FEET; THENCE NORTH 79°32'38" WEST A DISTANCE OF 139.93 FEET TO THE BEGINNING OF A 139.00
FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY A RADIAL TO SAJD POINT BEARS SOUTH 73°40'25"
EAST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE
OF41"20'27", AN ARC LENGTH OF 100.29 FEET TO THE BEGINNING OF A 69.00FOOT RADIUS COMPOUND
CURVE, CONCAVE NORTHERLY, A RADIAL TO SAID POfNT BEARS SOUTH 32°19'58" EAST; THENCE
WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRA.L ANGLE OF 145°25'46", AN ARC
LENGTH OF 175.14 FEET TO THE BEGINNING OF A 3!.00 FOOT RADIUS REVERSE CURVE, CONCAVE
WESTERLY, A RADIAL TO SAID POINT BEARS SOUTH 66°54'12" EAST; THENCE NORTHERLY ALONG THE
ARC OF SAID CURVE TH.ROUGH A CENTRAL ANGLE OF 46°27'53", AN ARC LENGTH OF25.l4 FEET; THENCE
NORTH 23°22'05" WEST A DISTANCE OF 50.86 FEET; THENCE SOUTH 66"37'55" WEST A DISTANCE OF 181.75
FEET; THENCE NORTH 34"44'54" WEST A DISTANCE OF 40.80 FEET TO THE POINT OF BEGINNING.
PARCEL 7: APN 211-131-11
PARCEL A OF THAT CERTAIN CERTIFICATE OF COMPLIANCE (ADJ 11-04-CE 12-09) RECORDED APRIL 25.
2012, AS FILE NUMBER OF OFFICIAL RECORDS OF SAN DIEGO COUNTY, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEING PORTIONS OF LOTS 6, 7, 8 AND 14 AS SHOWN ON MAP NO. FILED IN THE COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, RECORDED MAY 3, 2006 AS FILE lN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY, SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE MOST EASTERLY CORNER OF LOT 14, AS SHOWN ON SAID MAP NO. THENCE
SOUTH 58°37'29" WEST A DISTANCE OF 85.43 FEET; THENCE NORTH 31 °22'31" WEST A DISTANCE OF 33.38
FEET TO THE BEGINNING OF A 143.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE
NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 05°03'45", AN ARC
LENGTH OF 12.64 FEET TO A NON-TANGENT LINE; THENCE SOllTH 58"37'29" WEST A DISTANCE OF 364.36
FEET TO THE BEGTl\TNING OF A 200.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY: THENCE WESTERLY
ALONG THE ARC OF SAID CURVE THROUGI! A CENTRAL ANGLE OF 35°37'49", AN ARC LENGTH OF 124.37
FEET; THENCE NORTH lW44'42" WEST A DfS'I'ANCE OF 187.59 FEET TO A POINT ON A NON-TANGENT, 60.00
FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, A RADIAL TO SAID POINT BEARS NORTH 54°29'06"
EAST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRA.L ANGLE OF
28°34'40", AN ARC LENGTH OF 29.93 FEET; THENCE NORTH 64°05'34'' WEST A DISTANCE OF 100.07 FEET TO
THE BEGJNNlNG OF A 316.60 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE
NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 67°46'03". AN ARC
LENGTH OF 374.46 FEET; THENCE NORTH 03°40'29" EAST A DISTANCE OF 399.47 FEET TO TlfE BEGINNING
OF A 197.16 FOOT RADIUS CURVE, CONCAVE EASTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID
CURVE TIIROUGH A CENTRAL ANGLE OF 43"35'04", AN ARC LENGTH OF 149.98 FEET; THENCE NORTH
3 oF f-
EXHIBIT A
(Continued)
47°!5'33" EAST A DISTANCE OF 72.24 FEET TO THE BEGINNING OF A 60.00 FOOT RADIUS CURVE, CONCAVE
NORTHWESTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 25"00'29", AN ARC LENGTH OF 26.19 FEET; THENCE NON-TANGENT TO SAID CURVE SOUTH
67"09'52" EAST A DJSTANCE OF 86.99 FEET; THENCE SOUTH 43"13'22" EAST A DISTANCE OF 27.56FEET;
THENCE NORTH 66°37'55" EAST A DISTANCE OF 23.6.1 FEET; THENCE SOUTH23"22'05" EAST A DISTANCE OF
17.04 FEET TO A POINT ON A NON-TANGENT, 289.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, A
RADIAL TO SAID POINT BEARS NORTH 40"53'56" WEST; THENCE SOUTHWESTERLY ALONG THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF 41"49'39", AN ARC LENGTH OF210.98 FEET; THENCE SOUTH
07"16'25" WEST A DISTANCE OF 295.67 FEET TO THE BEGINNING OF A 249.00 FOOT RADIUS CURVE,
CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 65"3!'34", AN ARC LENGTH OF 284.77 FEET; THENCE SOUTH 58"15'09" EAST A
DISTANCE OF 119.32 FEET TO THE BEGINNING OF A 175.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY;
HfENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 96"l6W\ AN ARC
LENGTH OF 294.03 FEET; THENCE NORTH 25"28'51" EAST A DISTANCE OF 62.31 FEET; THENCE NORTH
64"31 '09" WEST A DISTANCE OF 18.50 FEET; THENCE NORTH 25°28'51" EAST A DlST ANCE OF 60.03 FEET;
THENCE NORTH 64°31 '09" WEST A DISTANCE OF 6.50 FEET; THENCE NORTH 25"28'51" EAST A DISTANCE OF
38.77 FEET TO THE BEGINNING OF A 165.00 fOOT RADIUS CURVE, CONCAVE WESTERLY~ THENCE
NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 50022'47", AN ARC
LENGTH OF 145.08 FEET; THENCE NORTH 24"53'56" WEST A DISTANCE OF 14.96 FEET TO THE BEGINNING
OF A 375.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG THE
ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 28"33'05", AN ARC LENGTH OF 186.87 FEET; THENCE
NORTH 53°27'01" WEST A DISTANCE OF 40.44 FEET TO THE BEGINNING OF A 310.00 FOOT RADIUS CURVE,
CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF !4"19'41", AN ARC LENGTH OF 77.52 FEET; THENCE NON-TANGENT TO SAID CURVE
NORTH 51°14'51" EAST A DISTANCE OF 18.00 FEET TO A POINT ON A NON-TANGENT, 292.00 FOOT RADIUS
CURVE, CONCAVE NORTHEASTERLY, A RADIAL TO SAID POfNT BEARS SOUTH 50"51'18" WEST; THENCE
NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 15"09'59" AN ARC
LENGTH OF 77.29 FEET; THENCE NORTH 23"58'43" WEST A DISTANCE OF 25.93 FEET TO THE BEGINNING OF
A 533.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG THE ARC
OF SAID CURVE THROUGH A CENTRAL ANGLE OF 06"43'16", AN ARC LENGTH OF 62.52 FEET; THENCE NON-
TANGENT TO SAID CURVE NORTH 66"37'55" EAST A DISTANCE OF 15.76 FEET; THENCE SOUTH 63"21'21"
EAST A DISTANCE OF 19.87 FEET; THENCE SOUTH 23"22'05" EAST A DISTANCE OF 32.15 FEET TO THE
BEGINNING OF A 447.00 FOOT RADIUS CURVE. CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 33"23'30". AN ARC LENGTH OF 260.51
FEET TO THE BEGINNING OF A 433.00 FOOT RADIUS REVERSE CURVE, CONCAVE SOUTHWESTERLY, A
RADIAL TO SAID POINT BEARS NORTH 33"14'25" EAST; THENCE SOUTHEASTERLY ALONG THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF 31"30'30", AN ARC LENGTH OF 238.12 FEET TO THE
BEGINNING OF A 442.00 FOOT RADIUS REVERSE CURVE, CONCAVE NORTHEASTERLY, A RADIAL TO SAID
POINT BEARS SOUTH 64"44'55" WEST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 32"07'38", AN ARC LENGTH OF 247.84 FEET TO THE BEGINNING OF A
323.00 FOOT RADIUS REVERSE CURVE, CONCAVE SOUTHWESTERLY, A RADIAL TO SAID POINT REARS
NORTH 32"37'17" EAST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 22"47' 14", AN ARC LENGTH OF 128.46 FEET TO THE POfNT OF BEGINNING.
PARCEL 8: APN 211-!31-14
PARCEL D OF THAT CERTAIN CERTIFICATE OF COMPLIANCE (ADJ 11-04-CE 12-10) RECORDED APRIL 25.
2012, AS FILE NUMBER OF OFFICIAL RECORDS OF SAN DIEGO COUNTY, BEING MORE
PARTJCULARL Y DESCRIBED AS FOLLOWS:
BEING PORTIONS OF LOTS 6, 7, 8 AND 14 AS SHOWN ON MAP NO,
DIEGO, STATE OF CALIFORNIA, RECORDED MA'Y 3, 2006 AS FILE NO.
FILED IN THE COUNTY OF SAN
IN THE OFFICE OF THE
EXHIBIT A
(Continued)
COUNTY RECORDER OF SAID COUNTY, SAlD PORTION BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE MOST EASTERLY CORNER COMMON TO LOTS 5 AND 14, AS SHOWN ON SAID MAP NO.
THENCE SOUTH 66"37'55" WEST A DISTANCE OF 102.23 THENCE SOUTH 23"22'05" EAST A
DISTANCE OF 17.04 FEET TO A POINT ON A NON-TANGENT, 289.00 FOOT RADIUS CURVE, CONCAVE
SOUTHEASTERLY. A RADIAL TO SAID POINT BEARS NORTH 40"53'56" WEST; THENCE SOUTHWESTERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 41"49'39", AN ARC LENGTH OF 210.98
FEET; THENCE SOUTH 07"16'25" WEST A DISTANCE OF 295.67 FEET TO THE BEGINNING OF A 249.00 FOOT
RADIUS CURVE. CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 65"31534", AN ARC LENGT!:l OF 284.77 FEET; THENCE SOUTH
58°15'09" EAST A DISTANCE OF 1!9.32 FEET TO THE BEGINNING OF A 175.00 FOOT RADIUS CURVE,
CONCAVE NORTHERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 96"16'00" AN ARC LENGTH OF 294.03 FEET; THENCE NORTH 25"28'51" EAST A DISTANCE OF 62.31
FEET; THENCE NORTH 64"31'09" WEST A DISTANCE OF 18.50 FEET; THENCE NORTH 25"28'51" EAST A
DISTANCE OF 60.03 FEET; THENCE NORTH 64"31'09" WEST A DISTANCE OF 6.50 FEET; THENCE NORTH
25"28'51" EAST A DISTANCE OF 38.77 FEET TO THE BEGINNING OF A 165.00 FOOT RADIUS CURVE,
CONCAVE WESTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 50°22'47", AN ARC LENGTH OF 145.08 FEET; THENCE NORTH 24"53'56" WEST A DISTANCE OF 14.96
FEET TO THE BEGII\'NfNG OF A 375.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE
NORl'IIWESTERL Y ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 28°33'05", AN ARC
LENGTH OF 186.87 FEET; TliENCE NORTH 53°27'0!" WEST A DISTANCE OF 40.44 FEET TO THE BEGINNING
OF A 310.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY ALONG THE
ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 14"19'41", AN ARC LENGTH OF 77.52 FEET; THENCE
NON-TANGENT TO SAID CURVE NORTH 51°l4'5l"EAST A DISTANCE OF 18.00 FEET TO A POINT ON A NON-
TANGENT, 292.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, A RADIAL TO SAID POINT BEARS
SOUTH 50°51'18" WEST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 15°09'59", AN ARC LENGTH OF 77.29 FEET; THENCE NORTH. 23°58'43" WEST A
DISTANCE OF 25.93 FEET TO THE BEGINNING OF A 533.00 FOOT RADIUS CURVE, CONCAVE
SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 06"43'!6", AN ARC LENGTII OF 62.52 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT
"A"; THENCE NON-TANGENT TO SAID CURVE NORTH 66"37'55" EAST A DISTANCE OF 15.76 FEET; THENCE
NORTH 23°22'05" WEST A DISTANCE OF 76.67 FEET TO THE TRUE POINT OF BEGINNING.
EXCEPTING THEREFROM:
COMMENCING AT POINT "A"; THENCE SOUTH 63"45'06'' WEST A DISTANCE OF 53.68 FEET TO THE TRUE
POINT OF BEGINNING, SAID POINT BEING ON A NON-TANGENT, 479.50 FOOT RADIUS CURVE, CONCAVE
SOUTHWESTERLY, A RADIAL TO SAID POINT BEARS NORTli 58"48'08" EAST; THENCE SOUTHEASTERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 07° 13'09", AN ARC LENGTH OF 60.42
FEET: THENCE SOUTH 23"58'43" EAST A DISTANCE OF 25.93 FEET TO THE BEGINNING OF A 345.50 FOOT
RADIUS CURVE. CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 15"44'47", AN ARC LENGTH OF 94.95 FEET; THENCE NON-
TANGENT TO SAID CURVE SOUTH 49"01'52" WEST A DrSTANCE OF 18.00 FEET TO A POINT ON A NON-
TANGENT 363.50 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, A R.t>,DIAL TO SAID POINT BEARS
SOUTH 50°!2'48" WEST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 13"39'49", AN ARC LENGTH OF 86.69 THENCE SOUTH 53°27'01" EAST A DISTANCE
OF 40.44 FEET TO THE BEGINNING OF A 321.50 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY;
THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 28"33'05",
AN ARC LENGTH OF 160.21 FEET: THENCE SOUTH 24"53'56" EAST A DISTANCE OF 14.96 FEET TO THE
BEGINNING OF A l!l.50 FOOT RADIUS CURVE, CONCAVE WESTERLY; THENCE SOUTHERLY ALONG THE
ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 23"39'31", AN ARC LENGTH OF 46.04 FEET; THENCE
NON-TANGENT TO SArD CURVE NORTH 84°54' 10" EAST A DrSTANCE OF 18.04 FEET TO A POINT ON A NON-
S o~-1-
EXHIBIT A
(Continued)
TANGENT !29.50 FOOT RADIUS CUR\lE, CONCAVE WESTERLY, A RADIAL TO SAID POINT BEARS NORTH
88°13'23" EAST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
17°43'19", AN ARC LENGTH OF 40.06 FEET; THENCE NON-TANGENT TO SAID CURVE NORTH 70"44'06" WEST
A DISTANCE OF 18.04 FEET TO A POINT ON A NON-TANGENT 111.50 FOOT RADIUS CURVE, CONCAVE
NORTHWESTERLY, A RADIAL TO SAID POINT BEARS SOUTH 74"35'3!" EAST; THENCE SOUTHWESTERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 10"04'22", AN ARC LENGTH OF 19.60
FEET; THENCE SOUTH 25"28'51" WEST A DISTANCE OF 135.59 FEET; THENCE SOUTH 64°W09" EAST A
DISTANCE OF 18.00 THENCE SOUTH 25"28'51" WEST A DISTANCE OF 25.51 FEET TO THE BEGINNING
OF A 1!4.50 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY; THENCE SOUTHWESTERLY ALONG THE
ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 23"31'13", AN ARC LENGTH OF47.00 FEET; THENCE
NON-TANGENT TO SAID CURVE NORTH 37°14'35" WEST A DISTANCE OF UUl5 FEET TO A POINT ON A NON-
TANGENT 96.50 FOOT RADIUS CURVE, CONCAVE NORTHERLY, A RADIAL TO SAID POINT BEARS SOUTH
41°42'02" EAST; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
58"35' !6", AN ARC LENGTH OF 98.68 FEET; THENCE NON-TANGENT TO SAID CURVE SOUTH 12°25'47" WEST
A DISTANCE OF 18.05 FEET TO A POINT ON A NON-TANGENT 114.50 FOOT RAD!l.JS CURVE, CONCAVE
NORTHEASTERLY. A RADIAL TO SAID POINT BEARS SOUTH 16"11 '07" WEST; THENCE NORTHWESTERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 15°33'44", AN ARC LENGTH OF 31.10
FEET; THENCE NORTH 58"!5'09" WEST A DISTANCE OF 28.66 FEET; THENCE NORTH 31''44'51" EAST A
DISTANCE OF 18.00 FEET; THENCE NORTH 58°15'09" WEST A DISTANCE OF 40.50 FEET; THENCE SOUTH 31
0 44'51" WEST A DISTANCE OF 18Jl0 FEET; THENCE NORTH 58"!5'09" WEST A DISTANCE OF 47.40 FEET;
THENCE NORTH 32"43'57'' EAST A DISTANCE OF 18.03 FEET TO A POINT ON A NON-TAN GENT 170.50 FOOT
RADiUS CURVE, CONCAVE NORTHEASTERLY A RADIAL TO SAID POINT' BEARS SOUTH 30°42'57" WEST;
THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 25"33'15",
AN ARC LENGTH OF 76.04 FEET; THENCE NON-TANGENT TO SAID CURVE SOUTH 47"09'27" WEST A
DISTANCE OF 10.89 FEET; THENCE SOUTH 53°49'41" WEST A DISTANCE OF 7.25 FEET TO A POINT ON A NON-
TANGENT 188.50 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, A RADIAL TO SAID POINT BEARS
SOUTH 55"39'07" WEST; H:IENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE HIROUGH A
CENTRAL ANGLE OF 16°15'48", AN ARC LENGTH OF 53.51 FEET; THENCE NON-TANGENT TO SAID CURVE
NORTH 74°!1 '44" EAST A DISTANCE OF 19.52 FEET TO A POINT ON A NON-TANGENT 169.00 FOOT RADIUS
CURVE, CONCAVE EASTERLY A RADlAL TO SAID POTNT BEARS SOUTH 71°39'07" WEST; THENCE
NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 24°!4'28", AN ARC
LENGHI OF 71.50 FEET; T!IENCE NON-T ANCiENT TO SAID CURVE NORTH 86°39'00" WEST A DISTANCE OF
19.52 FEET TO A POINT ON A NON-TANGENT 188.50 FOOT RADIUS CURVE, CONCAVE EASTERLY, A RADIAL
TO SAID POINT BEARS NORTH 84°22'.13" WEST; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTR.1\L ANGLE OF 01"38'38", AN ARC LENGTH OF 5.41 FEET; THENCE NORTH OJOI6'25" EAST
A DISTANCE OF ~W.72 FEET; THENCE SOUTH 82°43'35" EAST A DISTANCE OF 19.50 FEET; THENCE NORTH
07°16'25" EAST A DISTANCE OF 49.00 FEET; THENCE NORTH 82"43'35" WEST A DISTANCE OF !9.50 FEET;
THENCE NORTH 07°16'25" EAST A DISTANCE OF 60.36 FEET; THENCE SOUTH 82°43'35" EAST A DISTANCE OF
18.00 FEET; THENCE NORTH 07°16'25" EAST A DISTANCE OF 105.60 FEET TO THE BEGINNING OF A 210.50
FOOT RADIUS CURVE, CONCAVE EASTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 25°08'45", AN ARC LENGTH OF 92.38 FEET; THENCE NON-TANGENT TO
SATD CURVE NORTH 59°37'20" WEST A DISTANCE OF 18.01 FEET TO A POINT ON ANON-TANGENT 228.50
FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, A RADIAL TO SAID POINT BEARS NORTH 5T44'29"
WEST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
18"!0'58", AN ARC LENGTH OF 72.51 FEET TO THE BEGINNING OF A 7.50 FOOT RADIUS COMPOUND CURVE.
CONCAVE SOUTHERLY, A RADIAL TO SAID POJNT BEARS NORTH 39"33'3!" WEST; THENCE EASTERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 98°2!'39". AN ARC LENGTH OF 12.88
FEET TO THE TRUE PO TNT OF BEGINNING.
PARCEL 9: APN 21 J-130-05; 21l-l31-02, 03,04
LOTS 3. 4, 5, 12 OF CITY OF CARLSBAD TRACT N0.03-02 CARLSBAD RANCH HOTEL AND TIMESHARE
CONDOMTNTUM, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO OF CALIFORNIA, ACCORDING TO
3, 2006.
EXHIBIT A
(Continued)
' FILED JN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY
7 oF