HomeMy WebLinkAboutCT 97-13; |Carlsbad Oaks North Partners LP|Techbilt Construction Corp|; 2005-0264910; Easement. .... .. .. ,. . ..
DOC # 2005-026491 0
RECORDING REQUESTED BY:
Carlsbad City Clerk’s Office
1200 Carlsbad Village Drive
Carlsbad, California 92008
AND WHEN RECORDED MAIL TO:
Carlsbad City Clerk’s Office fd
1200 Carlsbad Village Drive 78P
Carlsbad, California 92008 oed@
34081
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APR 01,2005 10:16 AM
OFFICIAL RECORDS SAN DlEGU COUNTY RECORDER’S OFFICE GREGORY J. SMITH, COUNTY RECORDER FEES: 0.00
U C: NA PAGES: 78
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20054264910
THIS SPACE ABOVE FOR RECORDERS
USE
AMENDED AND RESTATED CONSERVATION EASEMENT
THIS CONSERVATION EASEMENT is made this =day of MARCH, 2005, by TECHBILT
CONSTRUCTION CORP., a California Corpomtion (“Grantor”), in favor of THECITY OF
CARLSBAD, A California Municipal Corporation (“Grantee”). This Conservation Easement is
an amendment and restatement of, and supercedes and replaces in its entirety for all purposes,
that certain “Conservation Easement Deed” recorded December 15, 2004 as Doc. #2004-
1 180066 in the Official Records of San Diego County, State of California.
RECITALS
A. Grantor is the sole owner in fee simple of real property in the County of San
Diego, State of California legally described on Exhibit “A” and depicted on Exhibit “B”
attached hereto and incorporated by this reference (the “Property”), which consists of
approximately 2 19.66 acres;
B Grantee has adopted a Habitat Management Plan, for the conservation, protection,
and management of fish, wildlife, native plants and the habitat necessary for biologically
sustainable populations of certain species thereof;
C. The Property is and will remain in a Natural Condition in perpetuity as defined
herein and is intended to be perpetually conserved, managed, and preserved in its natural, scenic,
open condition to maintain its ecological, biological, historical, visual and educational values
(collectively, “Conservation Values”) of great importance to the Grantee and the People of the
State of California;
D. The Property provides a high quality linkage to habitat corridors identified in the
City of Carlsbad’s Habitat Management Plan and provides habitat for the coastal California
gnatcatcher (Polioptila californica californica) that was listed as a federally threatened species
on March 30, 1993 (59 Federal Register 16742);
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E Grantor intends to transfer title to a designated conservator. Upon transfer, the
designated conservator will take on all of the obligations and duties of the Grantor related to the
conservation, protection, monitoring and management of the Conservation Values of the
Property, including the fiduciary duty to manage endowment funds that have been set aside to
preserve the Conservation Values of the Property under this conservation easement;
F. This Conservation Easement provides mitigation for certain impacts associated
with development of the Carlsbad Oaks North Specific Plan (“Project”), located in the City of
Carlsbad, County of San Diego, State of California, by Grantor and pursuant to the requirements
Of:
1. The Final Program Environmental Impact Report and associated
Mitigation Monitoring and Reporting Program for the Project, certified by the City of Carlsbad
by City Council Resolution No. 2002-298, dated October 8,2002 and Planning Commission
Resolution No. 5249, dated August 21, 2002;
2. The United States Fish and Wildlife Service (“USFWS”) non-jeopardy
Biological Opinion (“BO”) and associated habitat mitigation requirements issued December 4,
2003 (FWS Log No. 1-6-01-F2874) and amended January 4,2005;
3. The United States Army Corps of Engineers’ (“ACOE”) Section 404
Permit No. 200200641-JMB dated November 1, 2004 and amendments thereto (“Section 404
Permit”); and
4. The California Department of Fish and Game (“CDFG”), Section 1603
Streambed Alteration Agreement R-5-2002-02 18, dated April 5, 2004 and amendments thereto
(“Streambed Alteration Agreement”). The Streambed Alteration Agreement required the
protection of 7.0 acres of wetlands mitigation for the Project. However, the Grantee and Carlsbad
Oaks North Partners agreed to create 2.8 acres and enhance 6 acres of wetland on site, plus
enhancement of an additional 6 acres of adjacent riparian fringe habitat. The Streambed
Alteration Agreement required no endowment fund. Therefore, CDFG’ s requirement that it hold
and manage endowment funds is inapplicable.
All of the foregoing shall hereafter be collectively referred to as the “Agency Permits.”
G. Grantee is authorized to hold conservation easements pursuant to Civil Code
Section 8 15.3. Specifically, Grantee is a governmental entity identified in Civil Code Section
815.3(b) and otherwise authorized to acquire and hold title to real property;
H. The CDFG has jurisdiction, pursuant to the California Fish and Game Code,
Section 1802, over the conservation, protection, and management of fish, wildlife, native plants
and the habitat necessary for biologically sustainable populations of those species and also has
permitting jurisdiction pursuant to Fish and Game Code Section 1600 et seq. with respect to any
activity which may substantially divert or obstruct the natural flow of, or substantially change or
use any material from the bed, channel, or bank of, any river, stream, or lake, or deposit or
dispose of debris, waste, or other material containing crumbled, flaked, or ground pavement
where it may pass into any river, stream, or lake;
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I. The USFWS has jurisdiction over the conservation, protection, restoration,
enhancement and management of fish, wildlife and native plants and the habitats on which they
depend under the Endangered Species Act, 16 U.S.C. Section 1531 et. seq., the Fish and Wildlife
Coordination Act, 16 USC, Section 66 1-666c and other applicable federal laws;
J. The ACOE is the federal agency charged with regulatory authority over
discharges of dredged and fill material in waters of the United States pursuant to Section 404 of
the Clean Water Act;
K. Grantor hereby informs Grantee and third party beneficiaries that Grantor intends
to convey the Property to the CENTER FOR NATURAL LANDS MANAGEMENT, INC.
(“Center”), a California non-profit public benefit corporation and that the Center will assume
Grantor’s duties hereunder; and
L. Grantee agrees by accepting this grant to honor the intentions of Grantor stated
herein to preserve and protect in perpetuity the conservation values of the Property in accordance
with the terms of this Conservation Easement.
COVENANTS, TERMS, CONDITIONS AND RESTRICTIONS
In consideration of the above recitals and the mutual covenants, terms, conditions, and
restrictions contained herein, and pursuant to California law, including Civil Code Section 8 15,
et seq., Grantor hereby voluntarily grants and conveys to Grantee a conservation easement in
perpetuity over the Property of the nature and character and to the extent hereinafter set forth
(“Conservation Easement”). This Conservation Easement shall run with the land and be
binding on Grantor’s heirs, successors, administrators, assigns, lessees, and other occupiers or
users of the Property or any portion of it.
1. Purpose.
(a) The purpose of this Conservation Easement is to ensure that the Property
will be managed and preserved in a Natural Condition, defined below, in perpetuity and to
prevent, subject to the rights retained by the Grantor hereunder, any use of the Property that will
materially impair or interfere with the Conservation Values of the Property (the “Purpose”).
Grantor intends that this Conservation Easement will confine the use of the Property to activities
involving the management and preservation and enhancement of native species and their habitat
in a manner consistent with the habitat conservation purposes of this Conservation Easement.
(b) The term “Natural Condition,” as referenced in the preceding paragraph
and other portions of this Conservation Easement, shall mean the condition of the Property, as it
exists at the time this Conservation Easement is executed, as well as future enhancements or
changes to the Property that occur directly as a result of the following activities:
(1) Compensatory mitigation measures required by the Section 404
Permit, BO, and Streambed Alteration Agreement and as described in the Conceptual Habitat
Mitigation and Monitoring Plan dated May 2004 prepared by Merkel & Associates (“Mitigation
Plan”), the cover page and Table of Contents of which are attached as Exhibit “C,” including
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Mitigation”),
(“Long-Term Maintenance and Management”), that occur on the Property as described in
Section 6(i) herein, or
(2) In-perpetuity long-term maintenance and management obligations
(3)
Grantor certifies to the best of its knowledge, that the only structures or
improvements existing on the Property at the time this grant is executed consist of utilities, roads
and trails. Grantor further certifies to the best of its knowledge, the only easements existing on
the Property at the time this grant is executed are identified in Exhibit “D”. The current Natural
Condition is evidenced in part by the depiction of the Property attached on Exhibit “E”,
showing all relevant and plottable property lines, easements, dedications, improvements,
boundaries and major, distinct natural features such as waters of the United States. Grantor has
delivered further evidence of the Natural Condition to Grantee, CDFG, USFWS, and the ACOE
consisting of (1) an aerial photograph of the Property at an appropriate scale taken as close in
time as possible to the date this Conservation Easement is executed; (2) an overlay of the
Property boundaries on such aerial photograph; (3) on-site photographs showing all man-made
improvements or structures (if any), and the major, distinct natural features of the Property; (4)
all biological reports and wetlands delineation studies; (5) the certified Final Environmental
Impact Report; (6) the Mitigation Plan; and (7) Final Map 14926 recorded on December 15,
2004 as Document No. 2004-1 180065 in the office of the recorder of San Diego County,
California.
Activities described in Section 4 herein.
(c)
(d) If a controversy arises with respect to the Natural Condition of the
Property, Grantor, Grantee, ACOE, USFWS and CDFG as third party beneficiaries, or their
designees or agents, shall not be foreclosed from utilizing any and all other relevant documents,
surveys, photographs or other evidence or information to assist in the resolution of the
controversy.
(e) The term “Biological Monitor” shall mean an independent third-party
consultant with knowledge of aquatic resources in the San Diego County area and expertise in
the field of biology.
2. Prohibited Uses. Any activity on or use of the Property inconsistent with the
Purpose of this Conservation Easement and not reserved as a right of Grantor is prohibited.
Without limiting the generality of the foregoing, the following uses by Grantor, Grantee, and
their respective guests, agents, assigns, employees, representatives, successors, and third parties
are expressly prohibited on the Property except as otherwise provided herein or unless
specifically provided for in the City of Carlsbad’s Habitat Management Plan and its
implementing documents, the Agency Permits and any amendments thereto, the Mitigation Plan,
and any easements and reservations of rights recorded in the chain of title to the Property (as set
forth on Exhibit D hereto) at the time of this Conservation Easement is recorded:
(a) Supplemental watering except for habitat enhancement activities
described in Section 4;
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34085 (b) chemicals or weed abatement activities, except activities necessary to control or remove invasive
or exotic species;
Use of herbicides, pesticides, biocides, fertilizers, or other agricultural
(c) Incompatible fire protection activities;
(d) Use of off-road vehicles and use of any other motorized vehicles except in
the execution of management duties;
(e) Livestock grazing or other agricultural activity of any kind;
(f) Recreational activities including, but not limited to, horseback riding,
biking, hunting or fishing;
(g) Residential, commercial or industrial uses;
(h) Any legal or de facto division, subdivision or portioning of the Property,
except transfers in accordance with Section 12 below;
(i) Construction, reconstruction or placement of any building or other
improvement, billboard, or sign except those signs permitted in Section 6 herein;
(j) bio-solids or any other material;
Depositing, dumping, or accumulating soil, trash, ashes, refuse, waste,
(k) Planting, introduction or dispersal of non-native or exotic plant or animal
species;
(1) Filling, dumping, excavating, draining, dredging, mining, drilling,
removing or exploring for or extraction of minerals, loam, gravel, soil, rock, sand or other
material on or below the surface of the Property;
(m) Altering the general topography of the Property, including but not limited
to building of roads and flood control work except as permitted by the Agency Permits;
(n) Removing, destroying, or cutting of native trees, shrubs or other native
vegetation, except for: (1) maintenance of existing foot trails or roads, (2) prevention or
treatment of disease, (3) control of invasive species which threaten the integrity of the habitat,
(4) the Mitigation Plan, or (5) activities described in Section 4 and Section 6; and
(0) Manipulating, impounding or altering any natural watercourse, body of
water or water circulation on the Property, and activities or uses detrimental to water quality,
including but not limited to degradation or pollution of any surface or sub-surface waters, except
as provided in the Agency Permits.
3. Grantee’s Rights. To accomplish the Purpose of this Conservation Easement,
Grantor hereby grants and conveys the following rights to Grantee. These rights are also granted
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to the ACOE, USFWS and CDFG as third party beneficiaries of this Conservation Easement
with regard to the scope of the respective Agency Permits.
(a) To preserve and protect the Conservation Values of the Property;
(b) To enter upon the Property at reasonable times: (i) in order to monitor the
condition of the Property and to enforce the terms of this Conservation Easement, (ii) to
conduct scientific research and for interpretive purposes (which entry may be made by Grantee
or its designees), provided, however, that Grantee’s exercise of such rights shall not unreasonably
interfere with the Grantor’s exercise of the rights retained by Grantor hereunder;
(c) To prevent any activity on or use of the Property that is inconsistent with
the Purpose of this Conservation Easement and to require the restoration of such areas or
features of the Property that may be damaged by any act, failure to act, or any use that is
inconsistent with the Purpose of this Conservation Easement;
(d) All mineral, air, and water rights necessary to protect and to sustain the
biological resources of the Property, provided that any exercise or sale of such rights by Grantee
shall not result in conflict with such Conservation Values;
(e) Except as expressly provided for future public easements pursuant to
Section 4(a) and Section 12(c), the right to all present and future development rights allocated,
implied, reserved or inherent in the Property; such rights are hereby terminated and extinguished,
and may not be used on or transferred to any portion of the Property, nor any other property
adjacent or otherwise; and
(f) The right to enforce by means, including, without limitation, injunctive
relief, the terms and conditions of this Conservation Easement.
4. Reserved Rights. Grantor reserves to itself, its successors and assigns, all rights
accruing from its ownership of the Property, including the following rights, but only to the extent
that such uses are consistent with the Purpose of this Conservation Easement and the uses
authorized by the Agency Permits for the Project:
(a) The right to grant easements for a public purpose and necessary for the
public health, safety and welfare, so long as such easements are consistent with the Purpose of
this Conservation Easement and are in accordance with Section 12Cc);
(b) The right to perform restoration and management activities which are
necessary to maintain the Property as open space and preserve and protect the Conservation
Values thereon in accordance with the terms of the Agency Permits or Mitigation Plan;
(c) The right to plant and maintain native trees, shrubs and other native
landscaping elements, including, without limitation, the installation and maintenance of
underground pipe systems, sprinklers, and appurtenances necessary to maintain the native
landscaping placed thereon to the extent such landscaping elements are required pursuant to the
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Agency Permits issued for the Project, and are consistent with the Purpose of this Conservation
Easement;
(d) The right to install and maintain:
(1) Fences on the Property to the extent such installation and
maintenance of fences is consistent with the Agency Permits or otherwise approved by Grantee
and the third party beneficiaries; and
(2) Any slopes or other structures required or necessary for the
construction of the Project consistent with the Agency Permits and as shown on Exhibit E,
(e) Reasonable access through the Property to adjacent land to perform
obligations or other activities permitted by this Conservation Easement or that are required under
the Agency Permits; and
(f) Notwithstanding anything set forth herein to the contrary, nothing in this
Conservation Easement is intended nor shall be applied to in any way limit Grantor or any of
Grantor’s successors and assigns from (1) constructing, placing, installing, and/or erecting any
improvements upon the adjacent Project real property not constituting the Property, (2) installing
and/or maintaining the native landscaping (including irrigation and runoff), native landscape
mitigation, and/or similar non-structural improvements within the Property consistent with the
Agency Permits, and/or (3) developing adjoining property for any purposes, except as limited by
any local, state or federal permit requirements for such development and provided that for all of
the above clauses (1), (2) and (3) neither such activity nor any effect resulting from such activity
amounts to a use of the Property, or has an impact upon the Property that is prohibited by Section 2 above.
5. Grantee’s Duties. To accomplish the Purpose of this Conservation Easement as
described in Section 1, Grantee shall:
(a) Not reduce the Conservation Values of the Property by performing any
activity contrary to the Purpose of this Conservation Easement, and
(b) Perform routine compliance inspections of the Property to the extent it
determines that staff and funding are available and make reports available to the ACOE, CDFG
and USFWS upon request.
6. Grantor’s Duties. To accomplish the Purpose of this conservation Easement as
described in Section 1, Grantor, its successors or assigns shall:
(a) Preserve and retain the Property for its Conservation Values; and
(b) Undertake all reasonable actions to prevent the unlawful entry and trespass
by persons whose activities may degrade or harm the Conservation Values of the Property. In
addition, Grantor shall undertake all necessary actions to perfect Grantee’s rights under Section 3
of this Conservation Easement, including but not limited to Grantee’s water rights; and
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(c) Comply with the terms of this Conservation Easement and cooperate with
Grantee and third party beneficiaries in the protection of the Conservation Values; and
(d) Space,” “Protected Natural Area,” or similar descriptions that inform persons of the nature and
restrictions on the Property; and
Install signs and other notification features saying “Natural Area Open
(e) Repair and restore damage to the Conservation Easement directly caused
by Grantor, Grantor’s representatives, employees, agents, invitees and third parties; and
(f) Set aside, hold, invest and disburse adequate endowment funds in trust
solely for the purposes of protecting Grantee’s rights and preserving the Conservation Values of
the Property under this Conservation Easement in perpetuity. Grantee shall have the right to
review and approve the terms of the endowment agreement, and shall be a third party beneficiary
of that agreement with the right to review and approve any amendments; and
Have a fiduciary duty to ensure that the endowment funds held in trust for
the Property are properly managed. The following principles of fiduciary duty shall apply:
(1) There shall be no commingling of the endowment funds with other
funds. Funds may be pooled for investment management purposes only.
(2) Grantor shall have a duty of loyalty and shall not use the endowment funds for it’s own personal benefit.
(3) Grantor shall act as a prudent investor of the endowment funds.
(4) Grantor shall not delegate the responsibility for managing the
funds to a third party, but may delegate authority to invest the funds with Grantor’s oversight.
Grantor shall act with prudence when delegating authority and in the selection of agents.
(5) licensed CPA. Grantor shall submit the auditor’s written report to Grantee upon completion.
Obtain any applicable governmental permits and approvals for any activity
or use permitted by this Conservation Easement, and undertake any activity or use in accordance
with all applicable federal, state, local and administrative agency statutes, ordinances, rules,
regulations, orders or requirements; and
(g)
Grantor shall have annual audit of the endowment performed by a
(h)
(i) Perform Long-Term Maintenance and Management of the Property.
Grantor, its successors and assigns shall prepare a summary of monitoring and maintenance
documenting activities performed under this Section 6(i), and shall make reports available to the
Grantee, ACOE, CDFG, and USFWS upon request or as required. When activities are performed
pursuant to subsection (2) below, Grantor, its successors and assigns, shall retain a qualified
Biological Monitor to prepare a detailed Restoration Plan and to oversee/monitor maintenance
and management activities. The Grantor shall have its Biological Monitor submit the draft
Restoration Plan for review and approval by Grantee, ACOE, CDFG and USFWS. Upon
completion of the Restoration Plan, as approved by Grantee, ACOE, CDFG, and USFWS, the
Grantor shall have the Biological Monitor prepare a detailed monitoring and maintenance report,
and Grantor shall make reports available to the Grantee, ACOE, CDFG, and USFWS upon
request. Said monitoring and maintenance report shall be signed by Grantor, its successor or
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assign, and the Biological Monitor, and the report shall document the Biological Monitor’s name
and affiliation, dates the Biological Monitor was present on-site, activities observed and their
location, the Biological Monitor’s observations regarding the adequacy of maintenance
performance by the Grantor or its contractor in accordance with the approved Restoration Plan,
corrections recommended and implemented.
(1) Annual removal of trash or inorganic debris;
(2) Repair, remediation and restoration of damage to the Natural
Condition and Conservation Values of the Property, including damage from man-made causes,
non-natural parasites and non-native or exotic species;
(3) Annual maintenance of signage set forth in this Section 6(d); and
(4) Management of the Property consistent with the Agency Permits.
(i) Undertake construction, maintenance and monitoring of mitigated areas
pursuant to the Mitigation Plan until issuance of final approval from the ACOE and CDFG
confirming that Grantor has successfully completed construction, maintenance and monitoring of
mitigated areas pursuant to the Mitigation Plan and Agency Permits, as amended; and
(k) Center, as a subsequent Grantor, shall not be subject to the
indemnification provisions in Section 17(b) below, as to the condition of the land following the
date that Grantor transfers the Property to the Center. Grantor shall remain liable for any
“Hazardous Materials” (as defined in Section 17(b), below) placed, disposed of, or released on
the Property prior to transfer. After Grantor transfers Property to the Center, both Grantor and
Center agree to indemnify Grantee under Section 17(b) below for claims arising from Hazardous
Materials placed, disposed of or released onto the Property after the date of transfer.
7. Enforcement.
(a) Third Party Beneficiaries. ACOE, USFWS and CDFG, as third party
beneficiaries of this Conservation Easement, shall have the same rights, remedies and limitations
as Grantee under this Section 7. The third party beneficiary rights under this Section are in
addition to, and do not limit rights conferred to any third party beneficiary under any other laws
or regulations. Grantor, Grantee and any third party beneficiary, when implementing any
remedies under this easement, shall provide timely written notice to each other of any actions
taken under this section, including, but not limited to: copies of all notices of violation and
related correspondence.
(b) Notice of Violation. If Grantee determines that Grantor is in violation of
the terms of this Conservation Easement or that a violation is threatened, Grantee may demand
the cure of such violation. In such a case, Grantee shall issue a written notice to Grantor
(hereinafter “notice of violation”) informing the Grantor, of the actual or threatened violations
and demanding cure of such violations. Grantee and third party beneficiaries shall make a good
faith effort to notify each other prior to issuing a notice of violation.
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(c) Time to Cure. Grantor shall cure the noticed violations within fifteen (1 5)
days of receipt of said written notice from Grantee or third party beneficiary. If said cure
reasonably requires more than fifteen (1 5) days, Grantor shall, within the fifteen (1 5) day period
submit to Grantee for review and approval a plan and time schedule to diligently complete a
cure. Grantor shall complete such cure in accordance with the approved plan. If Grantor
disputes the notice of violation, it shall issue a written notice of such dispute to Grantee and/or
third party beneficiary within fifteen (1 5) days of receipt of written notice of violation.
(d) Failure to Cure. If Grantor fails to cure the noticed violations within the
time period described in Section 7(c’), above, or Section 7(e)(2), below, Grantee may bring an
action at law or in equity in a court of competent jurisdiction to enforce compliance by Grantor
with the terms of this Conservation Easement. In such action, the Grantee may:
(1) Recover any damages to which Grantee may be entitled for
violation by Grantor, of the terms of this Conservation Easement, subject to the limitations in
Section 7(h) and Section 7(i) below. Grantee shall first apply any damages recovered to the cost
of undertaking any corrective action on the Property.
(2) Enjoin the violation, exparte if necessary, by temporary or
permanent injunction without the necessity of proving either actual damages or the inadequacy
of otherwise available legal remedies.
(3) Obtain other equitable relief, including, but not limited to, the
restoration of the Property to the condition in which it existed prior to any such violation or
injury.
(e) Notice of Dispute. If Grantor provides Grantee with a notice of dispute,
as provided herein, Grantee shall meet and confer with Grantor at a mutually agreeable place and
time, not to exceed thirty (30) days from the date that Grantee receives the notice of dispute.
Grantee shall consider all relevant information concerning the disputed violation provided by
Grantor and shall determine whether a violation has in fact occurred and, if so, determine
whether the notice of violation and demand for cure issued by Grantee is appropriate in light of
the violation.
(1) Grantee shall use the following principles in making a
determination:
a. Management activities shall be chosen for their long-term
benefits to the Property’s Conservation Values rather than for short-term benefits;
b. Management activities that benefit habitat protection shall
be chosen in favor of management activities designed to benefit individual species, except where
State or federally listed species are at issue;
c. Habitat maintenance is of primary importance in protecting
the long-term Conservation Values of the Property;
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d. Management activities shall be chosen according to the
following order of preference:
1. Preventative actions shall be taken to avoid
additional impact;
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based on the magnitude of the impact, the impacts on listed or sensitive species, and the
estimated time for recovery to occur;
Natural restoration shall be used if appropriate,
... 111.
there are potential severe, long-term impacts to the Property’s Conservation Values, or where
highly sensitive species are impacted.
Active restoration shall be required only where
e. If, and for so long as, Grantor is a non-profit entity
organized for conservation purposes, Grantee shall consider the cost of management activities
and the resources available to Grantor or its successors.
(2) If, after reviewing Grantor’s notice of dispute, conferring with
Grantor and considering all relevant information related to the violation, Grantee determines that
a violation has occurred, Grantee shall give Grantor notice of such determination in writing.
Grantor shall cure the noticed violations within fifteen (1 5) days of receipt of said written notice
from Grantee. If said cure reasonably requires more than fifteen (1 5) days, Grantor shall, within
the fifteen (1 5) day period submit to Grantee for review and approval a plan and time schedule to
diligently complete a cure. Grantor shall complete such cure in accordance with the approved
plan.
(f) Conflicting Notices of Violation
(1) If Grantor receives a notice of violation from Grantee and/or any
third party beneficiary that is in material conflict with one or more prior written notices of
violation that have not yet been cured by Grantor such that the conflict makes it impossible for
Grantor to carry out a cure consistent with all prior active notices of violation, Grantor shall give
written notice to all agencies issuing conflicting notices of violation within fifteen (I 5) days of
the receipt of each such conflicting notice of violation. A valid notice of conflict shall describe
the conflict with specificity, including a description of how the conflict makes compliance with
all active notices of violation impossible. The failure of Grantor to issue a valid notice of conflict
within 15 days of receipt of a conflicting notice of violation shall result in a waiver of Grantor’s
ability to claim a conflict.
(2) Upon issuing a valid notice of conflict to the appropriate entity, as
described above, Grantor shall not be required to carry out the cure described in the conflicting
notices of violation until such time as Grantee or third party beneficiary responsible for said
conflicting notices of violation issue a revised notice of violation making all active notices of
violation consistent. Upon receipt of a revised, consistent notice of violation, Grantor shall carry
out the cure recommended in such notice within the time periods described in Section 7(c),
above. Notwithstanding Section 7(n’), failure to cure within said time periods shall entitle
Grantee to the remedies described in this Section 7(d’).
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(3) This Section 7(Q shall not apply to Section 7(a), below.
(g) Immediate Action
If Grantee determines that circumstances require immediate action to prevent or
mitigate significant damage to the Conservation Values of the Property, Grantee may
immediately pursue all available remedies, including injunctive relief, available pursuant to both
this Conservation Easement and state and federal law after giving Grantor at least twenty-four
(24) hours written notice before pursuing such remedies. So long as such twenty four (24) hour
notice is given, Grantee may immediately pursue all available remedies without waiting for the
expiration of the time periods provided for cure or notice of dispute as described in Section 7(c)
and Section 7(Q, above. The written notice pursuant to this paragraph may be transmitted to
Grantor by facsimile and shall be copied to all other parties listed in Section 12 of this
Conservation Easement. The rights of Grantee under this paragraph apply equally to actual or
threatened violations of the terms of this Conservation Easement. Grantor agrees that the
remedies at law for Grantee for any violation of the terms of this Conservation Easement are
inadequate and that Grantee shall be entitled to the injunctive relief described in this section,
both prohibitive and mandatory, in addition to such other relief to which Grantee may be
entitled, including specific performance of the terms of this Conservation Easement, without the
necessity of proving either actual damages or the inadequacy of otherwise available legal
remedies. The remedies described in this section shall be cumulative and shall be in addition to
all remedies now or hereafter existing at law or in equity, including but not limited to, the
remedies set forth in Civil Code Section 8 15, et seq., inclusive.
(h) Center Violation. Following the valid transfer of the underlying fee title
interest in the Property from Grantor to the Center (as described in Recital K, above), if a court
of competent jurisdiction determines that the Center, as a subsequent Grantor, has violated any
term of this Conservation Easement:
(1) Liability for damages shall be limited to acts or omissions covered
by the Insurance Policy described in Section 8 below to the coverage limits of the policy, except
as described in Section 7(h)(3) below;
(2) Endowment funds set aside for the management of the Property
shall not be used to pay any damages;
(3) If a violation arises from an intentional act by the Center, it shall
be liable for the full extent of damages resulting from the violation; even if beyond the limits of
any insurance policy;
(4) In lieu of monetary damages, Grantee may agree to accept fee title
to and management responsibility of the Property, or direct fee title and management
responsibility to a new Grantor, which shall be a public agency or non-profit corporation eligible
to hold Conservation Easements under Civil Code Section 815.3. Prior to accepting fee title and
management responsibility, Grantee shall assign this Conservation Easement to a willing third
party beneficiary to this agreement pursuant to the terms of Section 12 of this Conservation
Easement.
3-1 8-05 Version -12-
34093
(5) This Section shall only be applicable to the Center and shall not be
interpreted to apply to any of the Center’s successors or assigns.
(i) Acts Beyond Grantor’s Control. Nothing contained in this Conservation
Easement shall be construed to entitle Grantee to bring any action against Grantor or make any
claim on Grantor’s insurance policy for any injury to or change in the Conservation Easement
Property resulting from:
(1) Any cause beyond Grantor’s control, including without limitation,
fire, flood, storm, and earth movement; or
(2) Any prudent action taken by Grantor, under emergency conditions
to prevent, abate, or mitigate significant injury to persons and/or the Property resulting from such
causes;
(3) Acts by Grantee, any third party beneficiary, or their employees,
directors, officers, agents, contractors, or representatives; or
(4) Acts of third parties (including any governmental agencies) that
are beyond Grantor’s, its successors or assign’s control, except to the extent Grantor is obligated
to repair and restore the Property pursuant to Section 5(e) above and so long as Grantor takes
reasonable steps to prevent prohibited uses of the Property.
Notwithstanding the foregoing, Grantor must obtain any applicable governmental permits and
approvals for any activity or use permitted by this Conservation Easement, and undertake any
activity or use in accordance with all applicable federal, state, local and administrative agency
statutes, ordinances, rules, regulations, orders or requirements.
(j) Enforcement Discretion. Enforcement of the terms of this Conservation
Easement shall be at the discretion of Grantee. Any forbearance by Grantee to exercise rights
under this easement in the event of any breach of any term of this easement by Grantor shall not
be deemed or construed to be a waiver by Grantee of such term or of any subsequent breach of
the same or any other term of this Conservation Easement or of any of the rights of Grantee
under this Conservation Easement. No delay or omission by Grantee in the exercise of any right
or remedy upon any breach by Grantor shall impair such right or remedy or be construed as a
waiver.
8. Insurance. Upon the valid transfer of the underlying fee title interest in the
Property from Grantor to the Center (as described in Recital K, above), the Center shall establish
and maintain a policy of Commercial General Liability Insurance, in a form reasonably approved
by Grantee and third party beneficiaries, with a minimum coverage of $2 million per incident.
The insurance shall be for legal liability arising out of bodily injury and tangible property
damage, including tangible property damage to the Conservation Easement. The policy shall
include an endorsement naming Grantee and third party beneficiaries as additional insureds,
which policy shall provide primary coverage for Grantee in the event of any claim naming
Grantee that is covered by the policy. The policy shall be the source of payment for any liability
claims against the Center under this Conservation Easement paid after judgment or settlement,
covered by the policy.
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34094
9. Costs and Liabilities.
Grantor and its successors and assigns retain all responsibilities and shall bear all
costs and liabilities of any kind relating to the ownership, operation, upkeep, and maintenance of
the Property. Grantor agrees that neither Grantee nor third party beneficiaries shall have any
duty or responsibility for the operation or maintenance of the Property, the monitoring of
hazardous conditions thereon, or the protection of Grantor, the public or any third parties from
risks relating to conditions on the Property. Grantor remains solely responsible for obtaining any
applicable governmental permits and approvals for any activity or use permitted by this
Conservation Easement, and any activity or use shall be undertaken in accordance with all
applicable federal, state, local and administrative agency statutes, ordinances, rules, regulations,
orders and requirements.
10. Hold Harmless.
Grantor shall hold harmless, protect and indemnify Grantee and its directors,
officers, employees, agents, contractors, and representatives and the heirs, personal
representatives, successors and assigns of each of them (each a “Grantee Indemnified Party”
and, collectively, “Grantee’s Indemnified Parties”) and third party beneficiaries and their
directors, officers, employees, agents, contractors, and representatives and the heirs, personal
representatives, successors and assigns of each of them (each a “Third Party Beneficiary
Indemnified Party” and, collectively, “Third Party Beneficiary Indemnified Parties”) from
and against any and all liabilities, penalties, costs, losses, damages, expenses (including, without
limitation, reasonable attorneys’ fees and experts’ fees), causes of action, claims, demands, orders,
liens or judgments (each a “Claim” and, collectively, “Claims”), arising from or in any way
connected with: (1) injury to or the death of any person, or physical damage to any property,
resulting from any act, omission, condition, or other matter related to or occurring on or about the
Property, regardless of cause, except that (a) this indemnification shall be inapplicable to
Grantee’s Indemnified Parties with respect to any Claim due solely to the negligence of Grantee
or any of its employees and (b) this indemnification shall be inapplicable to Third Party
Beneficiary Indemnified Parties with respect to any Claim due solely to the negligence of third
party beneficiaries or any of their employees; (2) the obligations specified in Sections 4, 9, and
- 10; and (3) the existence or administration of this Conservation Easement. If any action or
proceeding is brought against any of the Grantee Indemnified Parties and/or Third Party
Beneficiary Indemnified Parties by reason of any such Claim, Grantor shall, at the election of and
upon written notice from Grantee or third party beneficiary or beneficiaries, defend such action
or proceeding by counsel reasonably acceptable to Grantee and/or the applicable Third Party
Beneficiary Indemnified Party or Parties or reimburse the Grantee for attorneys fees and/or
applicable third party beneficiary or beneficiaries for all charges incurred for services of the
Attorney General in defending the action or proceeding.
1 1. Access. This Conservation Easement does not convey a general right of access to
the Property by the public. The Conservation Easement will allow for access to the Property for
Grantee and its designees, third party beneficiaries and third-party easement holders of record at
the time of this Conservation Easement is recorded at locations designated in easements and
3-18-05 Version -14-
reservations of rights recorded in the chain of title to the Property. This Conservation Easement
will allow for the Property to be available for approved scientific investigations.
12. Assignment and Subsequent Transfers.
(a) By Grantee.
(1) This Conservation Easement is transferable by Grantee, but
Grantee may assign its rights and delegate obligations under this Conservation Easement only to
an entity or organization authorized to acquire and hold conservation easements pursuant to Civil
Code Section 8 15.3 (or any successor provision then applicable) and only with the prior written
approval of the ACOE, USFWS, and CDFG. Grantee shall require the assignee to record the
assignment in the county where the Property is located.
(b) Bv Grantor.
(1) The covenants, conditions, and restrictions contained in this
Conservation Easement Deed are intended to run with the land and bind all future owners of any
interest in the Property. Grantor agrees to incorporate by reference the terms of this
Conservation Easement in any deed or other legal instrument by which Grantor divests itself of
any interest in all or a portion of the Property, including, without limitation, a leasehold interest.
Grantor agrees to give written notice to Grantee and to all third party beneficiaries of the intent
to transfer any interest at least forty-five (45) days prior to the date of such transfer. Grantee
shall have the right to prevent subsequent transfers in which the prospective subsequent
claimants or transferees are not given notice of the covenants, terms, conditions and restrictions
of the Conservation Easement, or in which prospective subsequent claimants or transferees are
not a tax-exempt nonprofit organization qualified under Section 50 1 (c)(3) of the Internal
Revenue Code and qualified to do business in this state, which has as its primary purpose the
preservation, protection, or enhancement of land in its natural, scenic, historical, agricultural,
forested, or open-space condition or use, or the state or any city, county, city and county, district,
or other state or local governmental entity.
(2) From and after the date of any valid transfer of all or any portion of
the Property by Grantor and each transfer thereafter, (i) the transferee shall be deemed to have
assumed all of the obligations of Grantor as to the portion transferred, as set forth in this
Conservation Easement, (ii) the transferee shall be deemed to have accepted the restrictions
contained herein as to the portion transferred, (iii) the transferor, as applicable, shall have no
further obligations hereunder except for Indemnification under Section 17(b), and (iv) all
references to Grantor in this Conservation Easement shall thereafter be deemed to refer to such
transferee.
The failure of Grantor to perform any act provided in this section
shall not impair the validity of this Conservation Easement or limit its enforceability in any way. (3)
(c) Easements. Grantor, its successors and assigns shall not grant additional
easements or other interests in the Property without the prior written authorization of Grantee
and third party beneficiaries, which consent shall not be unreasonably withheld. It shall be
reasonable for Grantee and third party beneficiaries to withhold consent for the grant of
3-1 8-05 Version -15-
additional easements or other interest in the Property that are in material direct or potential
conflict with the Agency Permits and the preservation of the Natural Condition of the Property as
defined in Section l(b) of this Conservation Easement. Grantor, its successors and assigns shall
promptly record any additional easements or other interests in the Property in the official records
of San Diego County, California and immediately notify the Grantee and third party beneficiaries
through the mailing of a conformed copy of the recorded document.
1 3. Notices. All notices, demands, requests, consents, approvals, or communications
from one party to another shall be personally delivered or sent by facsimile to the persons set
forth below or shall be deemed given five (5) days after deposit in the United States mail,
certified and postage prepaid, return receipt requested, and addressed as follows, or at such other
address as any Party may from time to time specify to the other parties in writing:
To Grantor: Techbilt Construction Corp
Mail: P.O. Box 80036, San Diego, CA 92138
Street: 3575 Kenyon Street, San Diego, CA 921 10
Attn: Ted Tchang
FAX 619-223-2865
To Grantee: City of Carlsbad Carlsbad City Clerk's Office
1200 Carlsbad Village Drive
Carlsbad, California 92008
FAX 760-720-691 7
With a copy to:
Executive Director
Center for Natural Lands Management
425 E. Alvarado Street, Suite H
Fallbrook, CA 92028
FAX 760-73 1-779 1
Regional Manager
Department of Fish and Game
4949 Viewridge Avenue
San Diego, CA 92123
FAX: 858-467-4299
General Counsel
Department of Fish and Game
Office of the General Counsel
14 16 Ninth Street, 1 2'h Floor
Sacramento, CA 95814-2090
FAX: 916-654-3805
3-1 8-05 Version -16-
34097
District Counsel
U.S. Army Corps of Engineers
Los Angeles District
915 Wilshire Boulevard, Room 1535
Los Angeles, CA 90017-3401
FAX: 213-452-4217
US Fish and Wildlife Service
60 10 Hidden Valley Road
Carlsbad, CA 92009
FAX 760-43 1-5902
The parties agree to accept facsimile signed documents and agree to rely upon such
documents as if they bore original signatures. Each party agrees to provide to the other parties,
within seventy-two (72) hours after transmission of such a facsimile, the original documents that
bear the original signatures.
14. Amendment. Grantor and Grantee may amend this Conservation Easement only
by mutual written agreement and with the written consent of all third party beneficiaries. Any
such amendment shall be consistent with the Purpose of this Conservation Easement and shall
not affect its perpetual duration. Any such amendment shall be recorded in the official records
of San Diego County, State of California. Grantor, its successors or assigns, shall promptly
notify the Grantee and third party beneficiaries through the mailing of a conformed copy of the
recorded amendment(s).
15. Recordation. Grantee shall promptly record this instrument in the official records
of San Diego County, California and promptly notify the Grantor and third party beneficiaries
through the mailing of a confirmed copy of the recorded easement.
16. Estoppel Certificates. Upon request, Grantee shall within fifteen (1 5) days
execute and deliver to Grantor, its successors or assigns any document, including an estoppel
certificate, which certifies, to Grantee’s best knowledge, Grantor’s, its successors or assign’s
compliance with any obligation of Grantor, its successor or assign contained in this Conservation
Easement and otherwise evidences the status of this Conservation Easement, to the extent known
by Grantee, as may be requested by Grantor, its successor or assigns.
17. General Provisions.
(a) Taxes; No Liens. Grantor or subsequent transferees shall pay before
delinquency all taxes, assessments, fees, and charges of whatever description levied on or
assessed against the Property by competent authority, including any taxes imposed upon, or
incurred as a result of, this Conservation Easement, and shall furnish Grantee with satisfactory
evidence of payment upon request. Grantor shall keep Grantee’s interest in the Property free
from any liens.
(b) No Hazardous Materials Liability. Grantor represents and warrants that it
has no knowledge of any release or threatened release of Hazardous Materials (defined below) in,
3-1 8-05 Version -17-
34098
on, under, about or affecting the Property. Without limiting the obligations of Grantor under
Section 10, Grantor agrees to indemnify, protect and hold harmless the Grantee Indemnified
Parties and the Third Party Beneficiary Indemnified Parties (defined in Section IO) against any
and all Claims (defined in Section 10) arising from or connected with any Hazardous Materials
present, alleged to be present, or otherwise associated with the Property at any time, except that
(i) this indemnification shall be inapplicable to the Grantee Indemnified Parties with respect to
any Hazardous Materials placed, disposed or released by Grantee, its employees or agents and
(ii) this indemnification shall be inapplicable to the Third Party Beneficiary Indemnified Parties
with respect to any Hazardous Materials placed, disposed or released by third party
beneficiaries, their employees or agents. If any action or proceeding is brought against the
Grantee and/or any of the Third Party Beneficiary Indemnified Parties by reason of any such
Claim, Grantor shall, at the election of and upon written notice from Grantee and/or the
applicable third party beneficiary or beneficiaries, defend such action or proceeding by counsel
reasonably acceptable to the Grantee and/or applicable Third Party Beneficiary Indemnified
Party or Parties or reimburse the Grantee for attorneys fees and/or applicable third party
beneficiary or beneficiaries for all charges incurred in defending the action or proceeding.
Despite any contrary provision of this Conservation Easement, the parties do not
intend this Conservation Easement to be, and this Conservation Easement shall not be, construed
such that it creates in or gives to Grantee or third party beneficiaries any of the following:
(1) The obligations or liabilities of an "owner" or "operator," as those
terms are defined and used in Environmental Laws (defined below), including, without limitation,
the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as
amended (42 U.S.C. Section 9601 et seq.; hereinafter, "CERCLA"); or
(2) The obligations or liabilities of a person described in 42 U.S.C.
Section 9607(a)(3) or (4); or
(3) The obligations of a responsible person under any applicable
Environmental Laws; or
(4) The right to investigate and remediate any Hazardous Materials
associated with the Property; or
(5) Any control over Grantor's ability to investigate, remove,
remediate or otherwise clean up any Hazardous Materials associated with the Property.
The term "Hazardous Materials" includes, without limitation, (a)
material that is flammable, explosive or radioactive; (b) petroleum products, including by-
products and fractions thereof; and (c) hazardous materials, hazardous wastes, hazardous or toxic
substances, or related materials defined in CERCLA, the Hazardous Materials Transportation
Act (49 U.S.C. Section 6901 et seq.); the Hazardous Waste Control Law (California Health &
3-18-05 Version -18-
Safety Code Section 25 100 et seq.); the Hazardous Substance Account Act (California Health &
Safety Code Section 25300 et seq.), and in the regulations adopted and publications promulgated
pursuant to them, or any other applicable federal, state or local laws, ordinances, rules,
regulations or orders now in effect or enacted after the date of this Conservation Easement.
The term "Environmental Laws'' includes, without limitation, any
federal, state, local or administrative agency statute, ordinance, rule, regulation, order or
requirement relating to pollution, protection of human health or safety, the environment or
Hazardous Materials. Grantor represents, warrants and covenants to Grantee and third party
beneficiaries that Grantor's activities upon and use of the Property will comply with all
Environmental Laws.
(c) Warranty. Grantor represents and warrants that (1) there are no
outstanding monetary liens or conservation easements senior in priority to this Conservation
Easement, and (2) the Property is not subject to any other encumbrances other than those of
record. Upon the recording of this Conservation Easement, Grantor will obtain title insurance
policies on the Property in an amount equal to the fair market value of the Property for each of
Grantee and Center.
(d) No Forfeiture. Nothing contained herein will result in a forfeiture or
reversion of Grantor's title in any respect.
(e> Condemnation. The Purpose of this Conservation Easement is presumed
to be the best and most necessary public use as defined in Code of Civil Procedure Section
1240.680 notwithstanding Code of Civil Procedure Sections 1240.690 and 1240.700.
Nevertheless, if the Property is taken, in whole or in part, by exercise of the power of eminent
domain, Grantor and Grantee shall be entitled to compensation in accordance with applicable
law.
(0 Termination of Rights and Obliaations. A party's rights and obligations
under this Conservation Easement shall terminate upon transfer of the party's interest in the
Conservation Easement or Property (respectively), except that liability for acts or omissions
occurring prior to transfer shall survive transfer.
(g) Successors. The covenants, terms, conditions, and restrictions of this
Conservation Easement shall be binding upon, and inure to the benefit of, the parties hereto and
their respective personal representatives, heirs, successors, and assigns and shall continue as a
servitude running in perpetuity with the Property. The covenants hereunder benefiting Grantee
shall also benefit third party beneficiaries.
(h) Controlling Law. The laws of the State of California and the laws of the
United States shall govern the interpretation and performance of this Conservation Easement.
Any subsequent amendment or repeal of state law or order that authorizes this Conservation
Easement shall not affect the rights conveyed to the Grantee or its successors or assigns.
3-18-05 Version -19-
(9 Severability. If a court of competent jurisdiction voids or invalidates on
its face any provision of this Conservation Easement, such action shall not affect the remainder
of this Conservation Easement. If a court of competent jurisdiction voids or invalidates the
application of any provision of this Conservation Easement to a person or circumstance, such
action shall not affect the application of the provision to other persons or circumstances.
(i) Liberal Construction. Any general rule of construction to the contrary
notwithstanding, this Conservation Easement shall be liberally construed in favor of the grant to
effect the purposes of this Conservation Easement and the policy and purpose of California Civil
Code Section 8 15, et seq. If any provision in this instrument is found to be ambiguous, an
interpretation consistent with the purposes of this Conservation Easement that would render the
provision valid shall be favored over any interpretation that would render it invalid.
(k) convenience of reference and are not a part of this instrument and shall have no effect upon
construction or interpretation.
Captions. The captions in this instrument have been inserted solely for
(1) Exhibits. All Exhibits referred to in this Easement are attached and
incorporated herein by reference.
(m) Entire Agreement. This instrument sets forth the entire agreement of the
parties with respect to the Conservation Easement and supersedes all prior discussions,
negotiations, understandings, or agreements relating to the Conservation Easement, all of which
are merged herein. No alteration or variation of this instrument shall be valid or binding unless
contained in an amendment in accordance with Section 14.
(n) Countemarts. The parties may execute this instrument in two or more
counterparts, which shall, in the aggregate, be signed by Grantor and Grantee; each counterpart
shall be deemed an original instrument as against any party who has signed it. In the event of
any disparity between the counterparts produced, the recorded counterpart shall be controlling.
IN WITNESS WHEREOF, Grantor and Grantee have entered into this Conservation Easement the
day and year first above written and have agreed to be bound by the terms and provisions hereof.
AUTHORITY
The individuals executing this Conservation Easement and the instruments referenced in it on
behalf of Grantor and Grantee each represent and warrant that they have the legal power, right
and actual authority to bind them to the terms and conditions of this Conservation Easement.
3-18-05 Version -20-
34100
GRANTOR
TECHBILT CONSTRUCTION COW., A California Corporation
,n
**By:
I/ (sign here)
Paul K. Tchang, President
(print namekitle)
**By:
(sign here)
Theodore Tchang, Vice President
(print namehitle)
APPROVED AS TO FORM:
RONALD p. BALL, City Attorney .
By:
&ant City Attorney
GENERAL COUNSEL, State of California, Department of Fish and Game
By:
Ann S. Malcolm
Deputy General Counsel
-21-
34101
**By:
(sign here)
(print namekitle)
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
Assistant City Attorney
GENERqL COUNSEL, State of California, Department of Fish and Game
Ann S. Malcolm
Deputy General Counsel
-21-
STATE OF CALIFORNIA 1 )ss.
COUNTY OF SAN DIEGO )
34102
On March22 2005 before me Susan E. Eubank , a Notary Public in and for
said State, personally appeared Paul K. Tchana
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name@)
islare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/hers/their authorized capacity(ies), and that by hidherdtheir signature@) on the instrument the person(s), or the
entity upon behalf of which the persons acted, executed the instrument.
STATE OF CALIFORNIA ) )ss.
COUNTY OF SAN DIEGO )
On March22 , a Notary Public in and for
said State, personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name@)
idare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/hers/their authorized capacity(ies), and that by hidherdtheir signature(s) on the instrument the person@), or the
entity upon behalf of which the persons acted, executed the instrument.
2005 before me Susan E. Eubank
Theodore Tchana
WITNESS my hand and official seal,
Signatur
EXHIBIT “A”
Legal Description of Property
”.. . . ;‘ ,. ’. .
34103
34104 FEBRUARY 1, 2005
J.N. 961005
PAGE 1 OF 2
EXHIBIT 'A'
LEGAL DESCRIPTION
PARCEL 'A'
LOT 10 OF CARLSBAD TRACT NO. 97-13-01, ACCORDING TO MAP THEREOF
NO. 14926, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY ON DECEMBER 15, 2004 AS DOCUMENT NO. 2004-
1180065.
EXCEPTING THEREFROM THE PARCELS DESCRIBED AS FOLLOWS:
PARCEL 'A-1'
BEGINNING AT THE MOST NORTHERLY CORNER OF SAID LOT 10, SAID
CORNER BEING THE COMMON CORNER OF LOT 10, LOT 2 AND THE
SOUTHWEST LINE OF EL FUERTE STREET, ALL OF SAID MAP, SAID CORNER
ALSO BEING ON THE ARC OF A 712-FOOT RADIUS CURVE CONCAVE TO THE
NORTHEAST, THE RADIAL TO SAID CORNER BEARS SOUTH 27"37'47" WEST;
THENCE, ALONG SAID SOUTHWEST LINE, SOUTHEASTERLY ALONG THE ARC
OF SAID CURVE THROUGH A CENTRAL ANGLE OF 3"38'25" A DISTANCE OF
45.24 FEET TO THE TRUE POINT OF BEGINNING, THE RADIAL TO SAID
BEGINNING BEARS SOUTH 23"59'22" WEST; THENCE, CONTINUING ALONG
SAID SOUTHWEST LINE, SOUTHEASTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF l"16'59" A DISTANCE OF 15.94 FEET TO
POINT 'A' ; THENCE, LEAVING SAID SOUTHWEST LINE NON-TANGENT TO
SAID CURVE, SOUTH 03"33'33" WEST 24.60 FEET; THENCE NORTH
86"26' 27" WEST 15.00 FEET; THENCE NORTH 03"33' 33" EAST 30.00
FEET TO THE TRUE POINT OF BEGINNING.
PARCEL 'A-2'
BEGINNING AT POINT 'A' AS DESCRIBED IN PARCEL 'A-I,, SAID POINT
BEING ON THE SOUTHWEST LINE OF SAID EL FUERTE STEET, SAID POINT
ALSO BEING ON THE ARC OF A 712-FOOT RADIUS CURVE CONCAVE TO THE
NORTHEAST, THE RADIAL TO SAID POINT BEARS SOUTH 22'42'23" WEST;
THENCE, ALONG SAID SOUTHWEST LINE, SOUTHEASTERLY ALONG THE ARC
OF SAID CURVE THROUGH A CENTRAL ANGLE OF lO"34'43" A DISTANCE OF
131.46 FEET; THENCE SOUTH 77"52'20" EAST 159.20 FEET TO THE
BEGINNING OF A 628-FOOT RADIUS CURVE CONCAVE TO THE SOUTHWEST;
34105
FEBRUARY 1, 2005
J.N. 961005
PAGE 2 OF 2
THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 1'38' 57" A DISTANCE OF 18.08 FEET TO THE TRUE
POINT OF BEGINNING, THE RADIAL TO SAID BEGINNING BEARS NORTH
13'46'37" EAST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 1'27'54" A DISTANCE OF 16.06 FEET TO
POINT 'B' ; THENCE, LEAVING SAID SOUTHWWEST LINE ON-TANGENT TO
SAID CURVE, SOUTH 06'24'07" EAST 24.30 FEET; THENCE SOUTH
83'35' 53" WEST 15.00 FEET; THENCE NORTH 06'24' 07" WEST 30.03
FEET TO THE TRUE POINT OF BEGINNING.
PARCEL 'A-3'
BEGINNING AT POINT 'B' DESCRIBED IN PARCEL 'A-2, SAID POINT
BEING ON THE SOUTHWEST LINE OF SAID EL FUERTE STREET, SAID POINT
ALSO BEING ON THE ARC OF A 628-FOOT RADIUS CURVE CONCAVE TO THE
SOUTHWEST, THE RADIAL TO SAID POINT BEARS NORTH 15"14'31" EAST;
THENCE, ALONG SAID SOUTHWEST LINE, SOUTHEASTERLY ALONG THE ARC
OF SAID CURVE THROUGH A CENTRAL ANGLE OF 44'03'56" A DISTANCE OF
482.98 FEET; THENCE SOUTH 30'41'33" EAST 4.28 FEET TO THE TRUE
POINT OF BEGINNING; THENCE SOUTH 30'41'33" EAST 15.00 FEET TO
POINT 'C' ; THENCE, LEAVING SAID SOUTHWEST LINE, SOUTH 59'18' 27"
WEST 15.00 FEET; THENCE NORTH 30'41' 33" WEST 15.00 FEET; THENCE
NORTH 59'18'27" EAST 15.00 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL 'A-4'
BEGINNING AT POINT 'C' AS DESCRIBED IN PARCEL 'A-3', SAID POINT
BEING ON THE SOUTHWEST LINE OF SAID EL FUERTE STREET; THENCE,
ALONG SAID SOUTHWEST LINE, SOUTH 30'41' 33" EAST 560.37 FEET TO
NORTHEAST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 3'14'16" A DISTANCE OF 40.24 FEET TO
THE TRUE POINT OF BEGINNING, THE RADIAL LINE TO SAID BEGINNING
BEARS SOUTH 56'04' 11" WEST; THENCE SOUTHEASTERLY ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 1'12'25" A DISTANCE OF 15.00
FEET; THENCE, LEAVING SAID SOUTHWEST LINE NON-TANGENT TO SAID
CURVE, SOUTH 55"27' 58" WEST 10.04 FEET; THENCE NORTH 34'32' 02"
WEST 15.00 FEET; THENCE NORTH 55"27' 58" EAST 10.04 FEET TO THE
TRUE POINT OF BEGINNING.
THE BEGINNING OF A 712-FOOT RADIUS CURVE CONCAVE TO THE
O:\Legal-Descriptions\ 961005\Lot 1O.lgl.doc
34106
FEBRUARY 1, 2005
J.N. 961005
PAGE 1 OF 7
EXHIBIT 'A'
LEGAL DESCRIPTION
PARCEL 'B'
LOT 11 OF CARLSBAD TRACT NO. 97-13-01, ACCORDING TO MAP THEREOF
NO. 14926, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY ON DECEMBER 15, 2004 AS DOCUMENT NO. 2004-1180065.
EXCEPTING THEREFROM THE PARCELS DESCRIBED AS FOLLOWS:
PARCEL 'B-1'
A PARCEL 20 FEET IN WIDTH, LYING 10 FEET ON EACH SIDE OF THE
FOLLOWING DESCRIBED CENTERLINE : BEGINNING AT THE MOST SOUTHERLY
CORNER OF SAID LOT 11, SAID CORNER BEING ON THE NORTHEAST LINE
OF EL FUERTE STREET OF SAID MAP, SAID CORNER ALSO BEING ON A
842-FOOT RADIUS CURVE CONCAVE TO THE SOUTHWEST, THE RADIAL LINE
TO SAID CORNER BEARS NORTH 74'04'46" EAST; THENCE, ALONG SAID
NORTHEAST LINE, NORTHWESTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 24'19'01" A DISTANCE OF 357.35 FEET;
THENCE NORTH 40'14'15" WEST 148.62 FEET TO THE BEGINNING OF A
628-FOOT RADIUS CURVE CONCAVE TO THE NORTHEAST; THENCE
NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
9'32' 42" A DISTANCE OF 104.62 FEET; THENCE NORTH 30'41' 33" WEST
579.65 FEET TO THE BEGINNING OF A 712-FOOT RADIUS CURVE CONCAVE
TO THE SOUTHWEST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 21'46'08" A DISTANCE OF 270.52
FEET TO POINT 'E', SAID POINT ALSO BEING THE TRUE POINT OF
BEGINNING; THENCE, LEAVING SAID NORTHEAST LINE NON-TANGENT TO
SAID CURVE, NORTH 50'50'57" EAST 151.79 FEET TO THE BEGINNING OF
A 300-FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE
NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 16'00'34fr A DISTANCE OF 83.83 FEET; THENCE NORTH
66'51' 31" EAST 33.09 FEET; THENCE SOUTH 84'33'18" EAST 125.13
FEET; THENCE NORTH 51'07'09" EAST 329.33 FEET TO THE BEGINNING
OF A 300-FOOT RADIUS CURVE CONCAVE TO THE SOUTHEAST; THENCE
NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 23'49'37" A DISTANCE OF 124.76 FEET; THENCE NORTH
74'56'46" EAST 18.73 FEET; THENCE NORTH 88'18' 39" EAST 127.94
FEET TO THE BEGINNING OF A 300-FOOT RADIUS CURVE CONCAVE
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NORTHERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 4'16' 24" A DISTANCE OF 22.38 FEET; THENCE NORTH
84'02'15" EAST 271.43 FEET TO THE BEGINNING OF A 300-FOOT RADIUS
CURVE CONCAVE NORTHWESTERLY, THE RADIAL LINE TO SAID BEGINNING
BEARS SOUTH 05'57' 45" EAST; THENCE NORTHEASTERLY ALONG THE ARC
OF SAID CURVE THROUGH A CENTRAL ANGLE OF 4'55'10" A DISTANCE OF
25.76 FEET; THENCE NORTH 79'07'05" EAST 128.53 FEET TO THE
BEGINNING OF A 300-FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY;
THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 7"52' 15" A DISTANCE OF 41.21 FEET; THENCE NORTH
86'59' 20" EAST 134.87 FEET TO THE BEGINNING OF A 300-FOOT RADIUS
CURVE CONCAVE NORTHERLY; THENCE EASTERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 4'52'01" A DISTANCE OF 25.48
FEET; THENCE NORTH 82'07' 19" EAST 254.66 FEET TO POINT 'F' , SAID
POINT ALSO BEING THE POINT OF TERMINUS.
PARCEL 'B-2'
A PARCEL 30 FEET IN WIDTH, LYING 15 FEET ON EACH SIDE OF THE
FOLLOWING DECRIBED CENTERLINE : BEGINNING AT POINT 'F' DESCRIBED
IN PARCEL 'B-1' ; THENCE SOUTH 57'34' 59" EAST 77.88 FEET TO THE
BEGINNING OF A 297-FOOT RADIUS CURVE CONCAVE NORTHEASTERLY;
THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 4'26'19'' A DISTANCE OF 23.01 FEET; THENCE SOUTH
62'01'18'' EAST 50.14 FEET TO THE BEGINNING OF A 297-FOOT RADIUS
CURVE CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG THE ARC
OF SAID CURVE THROUGH A CENTRAL ANGLE OF 15'35'32" A DISTANCE OF
80.82 FEET; THENCE SOUTH 77'36'50" EAST 103.85 FEET; THENCE
SOUTH 55'41' 43" EAST 237.30 FEET; THENCE SOUTH 38'20' 27" EAST
126.74 FEET TO THE BEGINNING OF A NON-TANGENT 297-FOOT RADIUS
CURVE CONCAVE NORTHEASTERLY, THE RADIAL LINE TO SAID BEGINNING
BEARS SOUTH 51'39' 34" WEST; THENCE SOUTHEASTERLY ALONG THE ARC
OF SAID CURVE THROUGH A CENTRAL ANGLE OF 12'55'36" A DISTANCE OF
67.01 FEET; THENCE SOUTH 51'16'01" EAST 80.13 FEET TO POINT 'G';
THENCE NORTH 65'59'38" EAST 30.71 FEET TO THE BEGINNING OF A
300-FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE EASTERLY ALONG
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 25'03'53" A
DISTANCE OF 131.24 FEET; THENCE SOUTH 88'56'29" EAST 57.85 FEET;
THENCE NORTH 44'57' 50" EAST 115.64 FEET; THENCE SOUTH 45'02' 10''
EAST 34.32 FEET TO THE EAST LINE OF SAID LOT 11.
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PARCEL 'B-3'
A PARCEL 12 FEET IN WIDTH, LYING 6 FEET ON EACH SIDE OF THE
FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT POINT 'G' DESCRIBED
IN PARCEL 'B-2' ; THENCE SOUTH 65'59'38" WEST 6.06 FEET TO THE
TRUE POINT OF BEGINNING; THENCE SOUTH 44'07'36" EAST 29.21 FEET
TO THE BEGINNING OF A NON-TANGENT 57.14-FOOT RADIUS CURVE
CONCAVE WESTERLY, A RADIAL LINE TO SAID BEGINNING BEARS NORTH
51'15'37" EAST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 84'39' 00" A DISTANCE OF 84.42 FEET TO
THE BEGINNING OF A COMPOUND 28.68 FOOT RADIUS CURVE CONCAVE
NORTHWESTERLY, A RADIAL LINE TO SAID BEGINNING BEARS SOUTH
44"05'23" EAST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 29'45' 41" A DISTANCE OF 14.90 FEET TO
THE BEGINNING OF A NON-TANGENT 61.61 FOOT RADIUS CURVE CONCAVE
SOUTHEASTERLY, A RADIAL LINE TO SAID BEGINNING BEARS NORTH
27'49'59" WEST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 55'22' 24" A DISTANCE OF 59.54 FEET
TO THE BEGINNING OF A NON-TANGENT 195.78-FOOT RADIUS CURVE
CONCAVE NORTHWESTERLY, A RADIAL LINE TO SAID BEGINNING BEARS
SOUTH 73'15'26" EAST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 32'00'33" A DISTANCE OF 109.38
FEET TO THE BEGINNING OF A NON-TANGENT 45.24-FOOT RADIUS CURVE
CONCAVE EASTERLY, A RADIAL LINE TO SAID BEGINNING BEARS NORTH
28'46'35" WEST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 99'17' 01" A DISTANCE OF 78.39 FEET;
THENCE SOUTH 38'03'36" EAST 433.42 FEET; THENCE SOUTH 32'41' 11"
EAST 57.20 FEET TO THE BEGINNING OF A 80-FOOT RADIUS CURVE
CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF 29'38'26" A DISTANCE OF
41.39 FEET; THENCE SOUTH 62'19'37" EAST 56.92 FEET TO THE
BEGINNING OF A 28.88-FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY;
THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 42'52'43" A DISTANCE OF 21.61 FEET TO THE
BEGINNING OF A REVERSE 45.68-FOOT RADIUS CURVE CONCAVE
NORTHEASTERLY, A RADIAL LINE TO SAID CURVE BEARS SOUTH 70'33'06"
WEST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 38'31'49" A DISTANCE OF 30.72 FEET; THENCE
SOUTH 57'58' 43" EAST 17.95 FEET TO THE BEGINNING OF A 19-FOOT
RADIUS CURVE CONCAVE NORTHERLY; THENCE EASTERLY ALONG THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF 49'31'06" A DISTANCE OF
16.42 FEET; THENCE NORTH 72'30'11" EAST 12.21 FEET TO THE
BEGINNING OF A 49.07-FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE
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EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
17’01’ 36” A DISTANCE OF 14.58 FEET TO THE EAST LINE OF SAID LOT
11.
PARCEL ’B-4’
A PARCEL 20 FEET IN WIDTH, LYING 10 FEET ON EACH SIDE OF THE
FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT POINT ‘E’ AS
DESCRIBED IN PARCEL ’B-l’, SAID POINT BEING ON THE NORTHEAST
LINE OF EL FUERTE STREET OF SAID MAP, SAID POINT ALSO BEING ON A
712-FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY, A RADIAL LINE TO
SAID POINT BEARS NORTH 37’32’19” EAST; THENCE, ALONG SAID
NORTHEAST LINE, NORTHWESTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 10’31’44” A DISTANCE OF 130.84 FEET
TO POINT ’H’, SAID POINT BEING THE TRUE POINT OF BEGINNING, SAID
CONCAVE SOUTHERLY, A RADIAL LINE TO SAID POINT BEARS NORTH
03’55’ 11” WEST; THENCE, LEAVING SAID NORTHEAST LINE, EASTERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 18’36‘08”
A DISTANCE OF 22.73 FEET TO THE BEGINNING OF A COMPOUND 490-FOOT
RADIUS CURVE CONCAVE SOUTHWESTERLY, A RADIAL LINE TO SAID CURVE
BEARS NORTH 14’40’57” EAST; THENCE SOUTHEASTERLY ALONG THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF 12’21‘38” AN ARC DISTANCE
OF 105.71 FEET; THENCE SOUTH 62’57‘25” EAST 18.14 FEET TO THE
POINT OF TERMINUS.
POINT ALSO BEING A POINT ON A NON-TANGENT 70-FOOT RADIUS CURVE
PARCEL ’B-5‘
BEGINNING AT POINT ’H‘ DESCRIBED IN PARCEL ‘B-4‘, SAID POINT
BEING ON THE NORTHEAST LINE OF EL FUERTE STREET OF SAID MAP,
SAID POINT ALSO BEING ON A 712-FOOT RADIUS CURVE CONCAVE
SOUTHWESTERLY, THE RADIAL TO SAID POINT BEARS NORTH 27’00’35“
EAST; THENCE, ALONG SAID NORTHEAST LINE, NORTHWESTERLY ALONG THE
ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 14’52’55” A DISTANCE
OF 184.93 FEET; THENCE NORTH 77’52’20” WEST 159.20 FEET TO THE
THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 13’35‘ 36” A DISTANCE OF 148.99 FEET TO THE TRUE
POINT OF BEGINNING; THENCE NORTHWESTERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 12’15‘ 50” A DISTANCE OF 134.42
FEET TO THE SOUTH CORNER OF LOT 9 OF SAID MAP; THENCE, ALONG THE
EAST LINE OF SAID LOT 9 LEAVING SAID NORTHEAST LINE NON-TANGENT
BEGINNING OF A 628-FOOT RADIUS CURVE CONCAVE NORTHEASTERLY;
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TO SAID CURVE, NORTH 24'44'47" EAST 30.26 FEET; THENCE NORTH
13'31'35" WEST 108.00 FEET; THENCE NORTH 29'33'47" WEST 55.78
FEET; THENCE NORTH 45'01' 35" WEST 48.51 FEET; THENCE NORTH
53'30' 41" WEST 22.64 FEET; THENCE, LEAVING THE EAST LINE OF SAID
LOT 9, NORTH 36'29' 19" EAST 134.64 FEET TO POINT 'I' ; THENCE
SOUTH 53'30' 41" EAST 64.33 FEET; THENCE SOUTH 39'55' 30" EAST
126.60 FEET; THENCE SOUTH 10'49'38" EAST 132.35 FEET; THENCE
SOUTH 48'58' 45" EAST 27.33 FEET; THENCE SOUTH 22'38' 00" WEST
134.92 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL 'B-6'
BEGINNING AT POINT 'I' DESCRIBED IN PARCEL 'B-5'' SAID POINT
BEING ON THE EAST LINE OF LOT 9 OF SAID MAP; THENCE, ALONG SAID
EAST LINE, NORTH 53'30' 41" WEST 38.99 FEET; THENCE NORTH
74'13'08" WEST 93.51 FEET; THENCE SOUTH 46'32'29" WEST 33.51
FEET TO THE NORTHEAST LINE OF EL FUERTE STREET OF SAID MAP;
THENCE, LEAVING THE EAST LINE OF SAID LOT 9 ALONG SAID NORTHEAST
LINE, NORTH 41'21'10'' WEST 167.84 FEET TO THE TRUE POINT OF
BEGINNING; THENCE NORTH 41'21'10" WEST 9.10 FEET TO THE
BEGINNING OF A 25-FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE
NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
105'01'18" A DISTANCE OF 45.82 FEET TO THE BEGINNING OF A
COMPOUND 1208-FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A RADIAL
LINE TO SAID POINT BEARS NORTH 26'19'52" WEST, SAID BEGINNING
BEING ON THE SOUTHRLY LINE OF FARADAY AVENUE OF SAID MAP;
THENCE, ALONG SAID SOUTHERLY LINE, NORTHEASTERLY ALONG THE ARC
OF SAID CURVE THROUGH A CENTRAL ANGLE OF 13'35'00" A DISTANCE OF
286.39 FEET TO POINT 'J'; THENCE, LEAVING SAID SOUTHERLY LINE
NON-TANGENT TO SAID CURVE, SOUTH 35'56'10" EAST 100.31 FEET;
THENCE NORTH 87'05' 18" WEST 28.38 FEET; THENCE SOUTH 02'54' 42"
WEST 30.00 FEET; THENCE NORTH 87'05' 18" WEST 51.29 FEET; THENCE
SOUTH 73'45' 17" WEST 19.80 FEET; THENCE NORTH 16'14' 43" WEST
38.39 FEET; THENCE SOUTH 80'35'41" WEST 180.47 FEET; THENCE
SOUTH 48'38' 50" WEST 54.51 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL 'B-7'
BEGINNING AT POINT 'J' DESCRIBED IN PARCEL 'B-6'' SAID POINT
BEING ON THE SOUTHERLY LINE OF FARADAY AVENUE OF SAID MAP, SAID
POINT ALSO BEING ON A 1208-FOOT RADIUS CURVE CONCAVE TO THE
SOUTH, THE RADIAL TO SAID POINT BEARS NORTH 12'44'52'' WEST;
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THENCE, ALONG SAID SOUTHERLY LINE, EASTERLY ALONG THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF 1'11'21" A DISTANCE OF
25.07 FEET; THENCE NORTH 78'26'29" EAST 229.52 FEET TO THE TRUE
POINT OF BEGINNING; THENCE NORTH 78'26'29" EAST 50.00 TO POINT
'K' ; THENCE, LEAVING SAID SOUTHERLY LINE, SOUTH 11'33' 31" EAST
85.00 FEET; THENCE SOUTH 78'26' 29" WEST 50.00 FEET; THENCE NORTH
11'33'31" WEST 85.00 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL 'B-8'
BEGINNING AT POINT 'K' DESCRIBED IN PARCEL 'B-7' I SAID POINT
BEING ON THE SOUTHERLY LINE OF FARADAY AVENUE OF SAID MAP;
THENCE EASTERLY ALONG SAID SOUTHERLY LINE, NORTH 78'26' 29" EAST
430.54 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH
78'26' 29" EAST 124.35 FEET TO THE BEGINNING OF A 628-FOOT RADIUS
CURVE CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG THE ARC
OF SAID CURVE THROUGH A CENTRAL ANGLE OF 1'34'59" A DISTANCE OF
17.35 FEET; THENCE, LEAVING SAID SOUTHERLY LINE NON-TANGENT TO
SAID CURVE, SOUTH 09'58'32'' EAST 15.02 FEET; THENCE SOUTH
52'50' 16" EAST 225.08 FEET; THENCE SOUTH 23'48' 14" WEST 181.30
FEET; THENCE NORTH 53'18' 16" WEST 105.35 FEET; THENCE SOUTH
41'19' 12" WEST 88.21 FEET; THENCE NORTH 48'40' 48" WEST 20.00
FEET; THENCE NORTH 41'19'12'' EAST 86.60 FEET; THENCE NORTH
53'18' 16" WEST 212.27 FEET; THENCE NORTH 14'54' 59" EAST 89.71
FEET TO THE TRUE POINT OF BEGINNING.
PARCEL 'B-9'
BEGINNING AT THE INTERSECTION OF WHIPTAIL LOOP AND FARADAY
AVENUE OF SAID MAP, SAID INTERSECTION POINT BEING ON A 670-FOOT
RADIUS CURVE CONCAVE TO THE SOUTH; THENCE RADIALLY TO SAID
CURVE, SOUTH 15'29'59" EAST 42.00 FEET TO THE SOUTH LINE OF SAID
FARADAY AVENUE, SAID POINT BEING ON THE ARC OF A NON-TANGENT
628.00 FOOT RADIUS CURVE CONCAVE TO THE SOUTH, THE RADIAL TO
SAID POINT BEARS NORTH 15'29'59" WEST; THENCE, ALONG SAID SOUTH
LINE, WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 2'56' 56" A DISTANCE OF 32.32 FEET TO THE TRUE POINT OF
BEGINNING; THENCE, LEAVING SAID SOUTH LINE NON-TANGENT TO SAID
CURVE, SOUTH 26'50'37" WEST 40.81 FEET TO THE BEGINNING OF A
NON-TANGENT 600-FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A
RADIAL LINE TO SAID POINT BEARS NORTH 21'13'09" WEST; THENCE
SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
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ANGLE OF 2'36' 29" A DISTANCE OF 27.31 FEET; THENCE, NON-TANGENT
TO SAID CURVE, NORTH 71'04'36" WEST 26.81 FEET; THENCE SOUTH
82'12'51" WEST 28.97 FEET TO A POINT ON THE SOUTH LINE OF SAID
FARADAY AVENUE, SAID POINT BEING ON A NON-TANGENT 628.00 FOOT
RADIUS CURVE CONCAVE TO THE SOUTH, THE RADIAL TO SAID POINT
BEARS NORTH 28"10'03" WEST; THENCE, ALONG SAID SOUTH LINE,
EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
9"43'08" A DISTANCE OF 106.53 FEET TO THE TRUE POINT OF
BEGINNING.
PARCEL 'B-10'
BEGINNING AT NORTHWEST CORNER OF SAID LOT 11; THENCE, ALONG THE
EAST LINE OF SAID LOT 11, SOUTH 02"40' 01" EAST 124.02 FEET;
THENCE, LEAVING SAID EAST LINE, SOUTH 66'09'50" WEST 264.42
FEET; THENCE SOUTH 11'53'56" WEST 75.57 FEET; THENCE NORTH
78'06' 04" WEST 20.00 FEET; THENCE NORTH 11'53' 56" EAST 75.57
FEET; THENCE NORTH 47'15' 34" WEST 157.68 FEET TO A POINT ON THE
SOUTH LINE OF FARADAY AVENUE OF SAID MAP, SAID POINT BEING ON A
NON-TANGENT 628.00 FOOT RADIUS CURVE CONCAVE TO THE SOUTH, THE
RADIAL TO SAID POINT BEARS NORTH 35"48'34" WEST; THENCE, ALONG
SAID SOUTH LINE, EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 33'06'41" A DISTANCE OF 362.92 FEET; THENCE
NORTH 87'18'07'' 33.64 FEET TO THE POINT OF BEGINNING.
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EXHIBIT 'A'
LEGAL DESCRIPTION
PARCEL 'C'
LOT 12 OF CARLSBAD TRACT NO. 97-13-01, ACCORDING TO MAP THEREOF
NO. 14926, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE
OF CALIFORNIARECORDED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY ON DECEMBER 15, 2004 AS DOCUMENT NO. 2004-
1180065.
EXCEPTING THEREFROM THE PARCELS DESCRIBED AS FOLLOWS:
PARCEL 'C-1'
BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID LOT 12, SAID
CORNER BEING THE COMMON CORNER TO LOTS 1, 12 AND THE NORTH LINE
OF FARADAY AVENUE ALL OF SAID MAP; THENCE, ALONG THE EAST LINE
OF SAID LOT 1, NORTH 79'44'53" WEST 26.10 FEET; THENCE NORTH
40°48' 32" WEST 62.79 FEET; THENCE NORTH 14'10' 58" WEST 42.40
FEET; THENCE, LEAVING THE EAST LINE OF SAID LOT 1, NORTH
41O21' 08" EAST 83.38 FEET; THENCE NORTH 84O07' 41" EAST 110.67
FEET; THENCE SOUTH 28'26'17" EAST 87.46 FEET; THENCE SOUTH
76'07' 56" EAST 44.01 FEET TO A POINT ON THE NORTH LINE OF SAID
FARADAY AVENUE, SAID POINT BEING DESIGNATED AS POINT 'M', SAID
POINT ALSO BEING ON A NON-TANGENT 1292-FOOT RADIUS CURVE CONCAVE
SOUTHEASTERLY, THE RADIAL LINE TO SAID POINT BEARS NORTH
20'35' 51" WEST; THENCE, ALONG SAID NORTH LINE, SOUTHWESTERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 8'25'59"
A DISTANCE OF 190.16 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL 'C-2'
BEGINNING AT POINT 'M' AS DESCRIBED IN PARCEL 'C-I-', SAID POINT
BEING ON THE NORTH LINE OF SAID FARADAY AVENUE, SAID POINT ALSO
BEING ON A 1292-FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, THE
RADIAL TO SAID POINT BEARS NORTH 20"35'51" WEST; THENCE, ALONG
SAID NORTH LINE, NORTHEASTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 4'50' 21" A DISTANCE OF 109.12 FEET TO
THE TRUE POINT OF BEGINNING; THENCE, LEAVING SAID NORTH LINE
NON-TANGENT TO SAID CURVE, NORTH 35'56' 10" WEST 103.33 FEET;
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THENCE NORTH 54"03' 50" EAST 30.00 FEET; THENCE SOUTH 35"56' 10"
EAST 114.78 FEET TO A POINT ON THE NORTH LINE OF SAID FARADAY
AVENUE, SAID POINT BEING DESIGNATED AS POINT 'N', SAID POINT
ALSO BEING ON A NON-TANGENT 1292-FOOT RADIUS CURVE CONCAVE
SOUTHEASTERLY, THE RADIAL LINE TO SAID POINT BEARS NORTH
14"20' 03" WEST; THENCE, ALONG SAID NORTH LINE, SOUTHWESTERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF l"25'27"
A DISTANCE OF 32.11 FEET TO THE POINT OF BEGINNING.
PARCEL 'C-3'
BEGINNING AT POINT 'N' AS DESCRIBED IN PARCEL 'C-2', SAID POINT
BEING ON THE NORTH LINE OF SAID FARADAY AVENUE, SAID POINT ALSO
BEING ON A 1292 FOOT RADIUS CURVE CONCAVE TO THE SOUTHEAST, THE
RADIAL TO SAID POINT BEARS NORTH 14"20'03" WEST; THENCE, ALONG
SAID NORTH LINE, EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 2"46' 32" A DISTANCE OF 62.59 FEET; THENCE NORTH
78"26'29" EAST 229.52 FEET TO THE TRUE POINT OF BEGINNING;
THENCE, LEAVING SAID NORTH LINE, NORTH 11O33'31" WEST 65.00
FEET; THENCE NORTH 78O26'29" EAST 50.00 FEET; THENCE SOUTH
ll"33' 31" WEST 65.00 FEET TO A POINT ON THE NORTH LINE OF SAID
FARADAY AVENUE; THENCE, ALONG SAID NORTH LINE, SOUTH 78"26' 29"
WEST 50.00 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL 'C-4'
BEGINNING AT THE NORTHWEST CORNER OF LOT 3 OF SAID MAP; THENCE,
ALONG THE LOT LINE OF SAID LOT 12, SOUTH 85'29'23" WEST 251.74
FEET; THENCE SOUTH 82"04'13" WEST 213.60 FEET; THENCE SOUTH
89'43' 03" WEST 175.64 FEET TO THE BEGINNING OF A 365-FOOT RADIUS
CURVE CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY ALONG THE ARC
OF SAID CURVE THROUGH A CENTRAL ANGLE OF 45'47'04" A DISTANCE OF
291.67 FEET TO THE BEGINNING OF A COMPOUND 263.95-FOOT RADIUS
CURVE CONCAVE NORTHEASTERLY, THE RADIAL LINE TO SAID POINT BEARS
SOUTH 45'30'07" WEST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 44"15'12" A DISTANCE OF 203.87
FEET; THENCE NORTH 00'14'41" WEST 240.75 FEET; THENCE NORTH
44"08'29" WEST 64.43 FEET TO THE TRUE POINT OF BEGINNING;
THENCE, LEAVING SAID LOT LINE, SOUTH 20"53' 25" WEST 98.77 FEET;
THENCE NORTH 69"06' 35" WEST 50.00 FEET; THENCE NORTH 20"53' 25"
EAST 122.05 FEET TO A POINT ON THE LOT LINE OF SAID LOT 12, SAID
POINT BEING DESIGNATED AS POINT '0' ; THENCE, ALONG SAID LOT
34115
FEBRUARY 1, 2005
J.N. 961005
PAGE 3 OF 4
LINE, SOUTH 44’08‘29’‘ EAST 55.15 FEET TO THE TRUE POINT OF
BEGINNING.
PARCEL ’C-5‘
BEGINNING AT POINT ‘0’ AS DESCRIBED IN PARCEL ‘C-4‘, SAID POINT
BEING ON THE LOT LINE OF SAID LOT 12; THENCE, ALONG THE LOT LINE
OF SAID LOT 12, NORTH 44’08’29” WEST 25.15 FEET; THENCE NORTH
19’31‘ 49” WEST 131.99 FEET; THENCE NORTH 05’21‘05’’ EAST 57.20
FEET; THENCE NORTH 34’27’58” EAST 197.57 FEET; THENCE NORTH
59’57’ 40” EAST 70.09 FEET; THENCE SOUTH 79’15‘22” EAST 175.81
FEET; THENCE SOUTH 51’37’ 17“ EAST 154.72 FEET TO THE BEGINNING
OF A 183.02-FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE
SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 44’04’ 10” A DISTANCE OF 140.77 FEET TO THE TRUE POINT OF
BEGINNING; THENCE, LEAVING SAID LOT LINE NON-TANGENT TO SAID
CURVE, NORTH 01’12‘ 27” EAST 154.80 FEET; THENCE SOUTH 88’47’ 33”
EAST 50.00 FEET; THENCE SOUTH 01’12’27’’ WEST 145.31 FEET TO A
POINT ON THE LOT LINE OF SAID LOT 12, SAID POINT BEING ON A NON-
TANGENT 171.06-FOOT RADIUS CURVE CONCAVE SOUTHERLY, THE RADIAL
LINE TO SAID POINT BEARS NORTH 05’08‘33” WEST; THENCE, ALONG
SAID LOT LINE, WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 8’31’33’’ A DISTANCE OF 25.45 FEET TO THE
BEGINNING OF A REVERSE 183.02-FOOT RADIUS CURVE CONCAVE
NORTHERLY, THE RADIAL LINE TO SAID POINT BEARS SOUTH 13’40‘06”
EAST; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 7O58’ 39” A DISTANCE OF 25.48 FEET TO THE TRUE
POINT OF BEGINNING.
34116
EXHIBIT “B”
Legal Depiction of Property
34117
APPLICANT: EXHIBIT ,"B" I
EASEMENT TABLE
SHT. 1 OF 7 SHT.
DESCRIPTION I
~~~m~, Lp. !O. &?X a6 wAf€m, a 921s nMoTHyt2 mm H (619) 223-16U L.S. 7700 txp.i2/3r/o1
BASIS OF B€ARINGS
A.P.N. 209-050-04 209-050-21-24
?HE BAS'S OF BEARINGS FOR ?HIS SUREY IS ?HE CAUF2RNlA COORDINAE SEEM - 198J ZONE S,
(NAD83) GRID BEARINGS BEMEN P7: NO 78 AND PI: NO. 71 AS SAID COORDINA AS ARf PUBLISHED IN THE CIN OF CARLSBAD SURKY CONTROL
NEMRK ESTABLISED BY RECORD OF SUREY NO. 17271, IZED IN WE Oi77E OF WE SAN DIEGO COUNTY RECORDER ON EBRUARY S: 2002; Lf. N262820"z
REFERENCED BEARINGS FROM OTHER DOCUMENEBEEDS MA Y OR MA Y NOT BE IN ERMS OF SAID SEE,
?HE COMBINED SCALE FACTOR AT P7: NO. 78 IS 0999948990.
GRID DISTANCE = GROUND DISTANCE X COMBlNfD GRID FACTOR
1991.35 EPOCH, NORTH AMERICAN DATUM W 1983
LEGAL D€SCRl.UON - CONSULT NTS
I
J!Immw NO SCALE
34118
I
0' 200' 400' 800'
loo'
SCALE: 1' = 400'
&q
CONSULT NTS
WlOlnkuAwwW avlmurhg sdb 100
fce mo-m-asar
-odDparton-
cayodcdmnb~ E3no 760-m-TIP0 SJMm
SHT. 2 OF 7 SHT. APPLICANT: EXHIBIT "B" wxs%o am m PW., Lp. ?a mxm A.P.N.
W (619) 223-16fl LS 77cNI Eyp.?2/3?/Gll 209-O50-2? 4 W A!.€m, C4 92139 nM7wo. ClwROu 209-m-a
\961005\9605ROAKS dwg Feb 01, 2005 11 14am efs. 9605osmop, 9605AMAP
34119
APPLICANT:
WskW Gw(smPTNRs, LE ?O. r4PDXBm6 W M?m, C4 9213 'H. (619) 223-16a3
0' 200' 400' 800'
- SHT. 3 OF 7 SHT.
A.P.N.
EXHIBIT ."B"
?7M?wo. c4RRou 209-om-04 L.S. 7700 cyp. rz/~r/c~ zo9-650-2ru24
1 00'
SCALE: 1* = 400'
34120
I
OPEN SPACE ei
# r------ 8
0' 800'
1 00'
APPLICANT=
M (619)-225-?6U
\961005 9605ROAKSdwg Feb 01, 2005 ll:16am refs: 960\55osmop; 9605AMAP
I I
0' [
1 00'
SCALE: 1' = 400'
* CONSULT NTS
APPLICANT:
~~~PTNRS, LE ?a mx86633 A.P.N. Wm, LA 921.H nMo7Hyo. CIQRROU 209-050-04 209-050-2 1-24 YL (619) 223-1663 L.S. 7700 LKE12/31/04
\961005\9605ROAKS.drg Feb 01, 2005 11: 16om refs: 9605osmop; 9605AMAP
/ / / / / / / / / / /
APPLICANT= EXHIBIT ,"B" xRuwD aws mm PJWK, Lp. ?a mBda3a W "Em, C4 92133 'H. (6r.q) ZJ-I~~V L.S. 7700 mp.rz/wii
APPROVED BY
nMOTHy0. c;QRRou
/ /
SHT. 6 OF 7 SHT.
A.P.N. 209-m-04 z09-050-2r~z~
50'
SCALE: 1" = 200'
0 \
34123
i\
\ \ \ \ \ \ \ \ \ \ \
0' 100' 200' 400'
50'
SCALE: 1" = 200'
34124
EXHIBIT “C”
Mitigation Plan Excerpts
34125
WETLAND MITIGATION PLAN
FARADAY AVENUE EXTENSION,
SOUTH AGUA HEDIONDA SEWER INTERCEPTOR, AND
CARLSBAD OAKS NORTH BUSINESS PARK
Prepared for:
City of Carlsbad
1635 Faraday
Carlsbad, California 92008
and
Techbilt, Inc.
3575 Kenyon Street
San Diego, CA 92 1 10
Prepared by:
Merkel & Associates, Inc.
5434 Ruffin Road
San Diego, California 92 107
Phone: (858) 560-5465
Fax: (858) 560-7779
May 2004
2&d&d Keith W. Merkel, Principal Consultant
Faraday Avenue . Conceptual Mitigation Plan May 2004
TABLE OF CONTENTS 34126
INTRODUCTION ....................................................................................................................................................... 1
LOCATION .................................................................................................................................................................. 1
SITE CHARACTERISTICS .............................................................................................................................................. 1
RESTORATION DESIGN ......................................................................................................................................... 4
GRADNG .................................................................................................................................................................... 4
IRRIGATION ................................................................................................................................................................ 6
PLANTING PROGRAM .................................................................................................................................................. 6
MAINTENANCE ...................................................................................................................................................... 10
SELECTIVE WEED ABATEMENT ................................................................................................................................ 10
REPLACEMENT PLANTWG ........................................................................................................................................ 10
CONTROL OF VANDALISM ........................................................................................................................................ IO
MONITORING AND SUCCESS ASSESSMENT .................................................................................................. 11
REFERENCES ......................................................................................................................................................... -12
LIST OF TABLES
TABLE 1 . IMPACT ACREAGE AND PROPOSED MITIGATION .................................................................... 4
TABLE 2 . RESTORATION PLANT MATERIALS ............................................................................................... 6
TABLE 3 . RESTORATION SEED MIX FOR CISMONTANE ALKALI MARSH AREAS ............................. 9
TABLE 4 . RESTORATION SEED MIX FOR DIEGAN COASTAL SAGE SCRUB AREAS ........................... 9
TABLE 5 . HABITAT SUCCESS MILESTONES ................................................................................................. 11
LIST OF FIGURES
FIGURE 1 . PROJECT VICINITY MAP ................................................................................................................. 2
FIGURE 2 . PROPOSED MITIGATION SITE ........................................................................................................ 3
FIGURE 3 . PRELIMINARY GRADING PLAN FOR THE WETLAND MITIGATION SITE ........................ 5
FIGURE 4 . HABITAT RESTORATION ZONES .................................................................................................. 7
FIGURE 5 . TYPICAL PLANTING LAYOUT ........................................................................................................ 8
Merkel &Associates. Inc . # 97-104-08 i
EXHIBIT “D”
Title Report
34127
Order Number: 1742516 (11)
Page Number: 1 3 4 12 8
Updated 1-14-2005
First American Title Company
411 Ivy Street
San Diego, CA 92101
Ted Tchang
Tech bi I t Companies
3575 Kenyon Street
San Diego, CA 92110-5333
Phone:
Fax:
Customer Reference:
Order Number:
Title Officer:
Phone:
Fax No.:
E-Mail:
Open Space Oaks North
1742516 (11)
Roy Provence
(619) 231-4652
(619) 231-4647
rprovence@firstam.com
PRELIMINARY REPORT
In response to the above referenced application for a policy of title insurance, this company hereby reports that it is prepad to issue, or
cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as
an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policyforms.
The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in Exhibit A attached. Copies of the Policy forms should be read. They are available from the office which issued this report.
Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this
report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered.
It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land.
This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title
insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested.
Fint American 77tle
Order Number: 1742516 (11)
Page Number: 2 34129
Dated as of January 13, 2005 at 7:30 A.M.
The form of Policy of title insurance contemplated by this report is:
To be determined
A specific request should be made if another form or additional coverage is desired.
Title to said estate or interest at the date hereof is vested in:
Techbilt Construction Corp., a California corporation
The estate or interest in the land hereinafter described or referred to covered by this Report is:
A fee.
The Land referred to herein is described as follows:
(See attached Legal Description)
At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said
policy form would be as follows:
1. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with
Section 75 of the California Revenue and Taxation Code.
2. An easement for sewer pipelines and incidental purposes, recorded December 21, 1965 as
instrument no. 229636 of Official Records.
In Favor of:
Affects: Lot 11.
Buena Sanitation District, a County Sanitation District
3. An easement for public utilities and incidental purposes, recorded September 12, 1973 as
instrument no. 73-256727 of Official Records.
In Favor of:
Affects: Lot 11.
San Diego Gas and Electric Company
4. An easement for drainage and incidental purposes, recorded June 4, 1982 as instrument no. 82-
171547 of Official Records.
In Favor of:
Affects: Lots 10 and 11.
The City of Carlsbad, a Municipal corporation
Fint American Ticle
5.
6.
7.
8.
9.
10.
11.
12.
Order Number: 1742516 (11)
Page Number: 3
An easement to construct, erect or maintain any aboveground building or covered structure and
incidental purposes, recorded March 8, 1991 as instrument no. 91-0103885 of Official Records.
In Favor of:
Affects: Lot 11.
Carlsbad Partners, a California General Partnership
The fact that said land lies within the proposed Boundaries of Community Facilities District no. 3
Carlsbad Unified School District, as disclosed by instrument recorded February 9, 1994 as file no.
1994-0090630 and recorded May 16, 1995 as file no. 1995-0205176 both of Official Records.
The fact that said land lies within the Boundary Map Annexation #95/96-1 Community Facilities
District #1 City of Carlsbad, as disclosed by instrument recorded January 16, 1996 as file no.
1996-0020168 of Official Records.
An Amendment to the Notice of Special Tax Lien recorded June 29,2004 as instrument
no. 04-0606773 of Official Records.
An easement for the previlege and rigth to extend and access drainage structures, excavation
and embankment slopes beyond the limits of the herein described right-of-way and incidental
purposes, recorded February 11, 2004 as instrument no. 04-0109582 of Official Records.
In Favor of:
Affects: Lots 11 and 12.
The City of Carlbad, a Municipal corporation
Said document further recites:
The Grantor, for himself, his successors and assigns, hereby waives any claims for any
and all damages to Grantor's ramaining property contiguous to the right-of-way hereby
conveyed by reason of the location, construction, landscaping or maintenance of said
street and utilities.
A lien for the cost of weed abatement in favor of the City of Carlsbad as evidenced by the
document recorded August 5, 2004 as instrument no. 04-0740745 of Official Records.
Against :
Amount:
Carlsbad Oaks North, LP
$1,547.40, and any other amounts due
thereunder.
The terms and provisions contained in the document entitled "Notice of Restriction on Real
Property" recorded November 9,2004 as instrument no. 04-1066056 of Official Records.
The terms and provisions contained in the document entitled "Notice and Waiver Concerning
Proximity of the Planned or Existing Palomar Airport Road and Melrose Drive Transportation
Corridors Case No. CT-97-13" recorded November 9, 2004 as instrument no. 04-1066058 of
Official Records.
An easement shown or dedicated on the Map as referred to in the legal description
For: Drainage and incidental purposes.
Affects Lots 11 and 12.
Fist American ntie
Order Number: 1742516 (11)
Page Number: 4 3413i
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
An easement shown or dedicated on the Map as referred to in the legal description
For: Open space and incidental purposes.
Affects all of Lots 10, 11 and 12.
Abutter's rights of ingress and egress to or from Lots 11 and 12 in and to Faraday Avenue,
adjacent thereto have been dedicated or relinquished on the filed Map.
Abutter's rights of ingress and egress to or from Lots 10 and 11 in and to El Fuerte Street
adjacent thereto have been dedicated or relinquished on the filed Map.
An easement shown or dedicated on the Map as referred to in the legal description
For: Public Park and access and incidental purposes.
Affects Lot 12.
An easement shown or dedicated on the Map as referred to in the legal description
For: Sewer and public trail and incidental purposes.
Affects Lot 11.
An easement shown or dedicated on the Map as referred to in the legal description
For: Sight distance Corrido and incidental purposes.
Affects Lot 11.
Any and all offers of dedication, conditions, restrictions, easements, notes and/or provisions
shown or disclosed by the filed or recorded map referred to in the legal description.
An easement for conservation and incidental purposes, recorded December 15, 2004 as
instrument no. 04-1180066 of Official Records.
In Favor of: The City of Carlsbad, a California Municipal corporation
Affects: Lots 10, 11 and 12.
The terms and provisions contained in the document entitled "Hold Harmless Agreement
Drainage" recorded December 15, 2004 as instrument no. 04-1180067 of Official Records.
The terms and provisions contained in the document entitled "Hold Harmless Agreement
Geological Failure" recorded December 15, 2004 as instrument no. 04-1180068 of Official
Records.
The terms and provisions contained in the document entitled "Waiver and Consent to Creation of
a Community Facilities District and Agreement to Pay Fair Share Cost of CT 97-13"
recorded December 15, 2004 as instrument no. 04-1180069 of Official Records.
The terms and provisions contained in the document entitled "Encroachment Agreement"
recorded December 15, 2004 as instrument no. 04-1180071 of Official Records.
Fkt American Title
.- . ..
, ..
..
Affects Lot 11.
Order Number: 1742516 (11)
Page Number: 5 34132
25. The terms and provisions contained in the document entitled "Agreement between
Developer/Owner and the City of Carlsbad for the Payment of a Local Drainage Area Fee"
recorded December 21, 2004 as instrument no. 04-1201221 of Official Records.
Prior to the issuance of any policy of title insurance, the Company will require:
26. With respect to Techbilt Construction Corp., a corporation:
a. A certificate of good standing of recent date issued by the Secretary of State of the
corporation's state of domicile.
b. A certified copy of a resolution of the Board of Directors authorizing the contemplated
transaction and designating which corporate officers shall have the power to execute on behalf of
the corporation.
c. Other requirements which the Company may impose following its review of the material
required herein and other information which the Company may require.
fikst American 77tle
Order Number: 1742516 (11)
Page Number: 6
34133
1. Taxes for proration purposes only for the fiscal year 2004-2005.
First Installment: $924.16, Paid
Second Installment: $924.16, Paid
Tax Rate Area: 09013
APN: 209-050-04-00
Taxes for proration purposes only for the fiscal year 2004-2005.
First Installment: $10,950.97, Paid
Second Installment: $10,950.97, Paid
Tax Rate Area: 09013
APN: 209-050-21-00
Affects a portion of said land with other land.
Taxes for proration purposes only for the fiscal year 2004-2005.
First Installment: $13,225.94, Paid
Second Installment: $13,225.94, Paid
Tax Rate Area: 09013
APN: 209-050-22-00
Affects a portion of said land with other land.
Taxes for proration purposes only for the fiscal year 2004-2005.
First Installment: $11,990.40, Paid
Second Installment: $11,990.40, Paid
Tax Rate Area: 09013
APN: 209-050-23-00
Affects a portion of said land with other land.
Taxes for proration purposes only for the fiscal year 2004-2005.
First Installment: $13,156.90, Paid
Second Installment: $13,156.90, Paid
Tax Rate Area: 09013
APN: 209-050-24-00
Affects a portion of said land with other land.
Fist American ?Me
Order Number: 1742516 (11)
Page Number: 7 3 4 1 3 4
The map attached, if any, may or may not be a survey of the land depicted hereon. First American
expressly disclaims any liability for loss or damage which may result from reliance on this map except to
the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title
insurance policy, if any, to which this map is attached.
kit American Title
34135 Order Number: 1742516 (11)
Page Number: 8
LEGAL DESCRIPTION
Real property in the City of Carlsbad, County of San Diego, State of California, described as follows:
Lots 10, 11 and 12 of Carlsbad Tract No. 97-13-01 Carlsbad Oaks North Phase I, in the City of
Carlsbad, County of San Diego, State of California, according to Map thereof No. 14926, filed in
the Office of the County recorder of San Diego County, December 15, 2004.
first American Ticle
Order Number: 1742516 (11)
Page Number: 9 34136
NOl7CE
Section 12413.1 of the California Insurance Code, effective January 1, 1990, requires that any title insurance
company, underwritten title company, or controlled escrow company handling funds in an escrow or sub-escrow
capacity, wait a specified number of days after depositing funds, before recording any documents in connection
with the transaction or disbursing funds. This statute allows for funds deposited by wire transfer to be disbursed
the Same day as deposit. In the case of cashier's checks or certified checks, funds may be disbursed the next day
after deposit. In order to avoid unnecessary delays of three to seven days, or more, please use wire transfer,
cashier's checks, or certified checks whenever possible.
If you have any questions about the effect of this new law, please contact your local First American Office for
more details.
First American Title
Order Number: 1742516 (11)
Page Number: 10
34.137
EXHIBn A
LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (BY POLICY TYPE)
1. CALIFORNIA LAND T'ITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990
SCHEDULE 6
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on
real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notice of nrch
proceedings, whether or not shown by the records of such agency or by the public records.
Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof.
Easements, liens or encumbrances, or claims thereof, which are not shown by the public records.
Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would dkclose, and
which are not shown by the public records.
(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims
or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the public records.
2.
3. 4.
5.
EXCLUSIONS FROM COVERAGE
1.
2.
3.
4.
5.
6.
1.
2.
3.
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, cosk, attorneys' fees or expenses which arise by reason of:
(a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations)
restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimemions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or
any parcel of which the land is or was a part; or (iv) environmental protection, or the.effect of aiy violation of these laws, ordinances or
governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance
resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a
defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the publicrecords at Date of Policy.
Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding From coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for vahe without
knowledge. Defects, liens, encumbrances, adverse claims or other matters:
(a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy.
Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable "doing business" laws of the state in which the land is
situated. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the
insured mortgage and is based upon usury or any consumer credit protection or truth in lending law.
Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by their policy or the trmsaction creating
the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws.
2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B - 1970
SCHEDULE OF EXCLUSIONS FROM COVERAGE
Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or
hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions of area of the land, cr the effect of any violation of any such law, ordinance or governmental regulation.
Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the putlic records at Date of Policy.
Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not
known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company prior to the
date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured daimant; (d) attachng or
fist American Title
Order Number: 1742516 (11)
Page Number: 11 34138
created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured cldmant had paid value for the estate or interest insured by this policy.
3. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B - 1970
WITH REGIONAL EXCEWIONS
When the American Land Title Assodation policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth
in paragraph 2 above are used and the following exceptions to coverage appear in the policy.
SCHEDULE B
This policy does not insure against loss or damage by reason of the matters shown in parts one and two following:
Part One
1.
2.
3.
4.
5.
6.
Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real
property or by the public records. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land
or by making inquiry of persons in possession thereof.
Easements, claims of easement or encumbrances which are not shown by the public records.
Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and
which are not shown by public records. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, clains or title to
water. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown Ly the public
records.
4. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1970
WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE
SCHEDULE OF EXCLUSIONS FROM COVERAGE
1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or
prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, cr the effect of
any violation of any such law ordinance or governmental regulation. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at
Date of Policy. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant, (b) not
known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured
claimant to the Company prior to the date such insured claimant became an insured hereunder, (c) resulting in no loss or damageto the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent insurance is afforded herein as b any statutory
lien for labor or material or to the extent insurance is afforded herein as to assessments for street improvements under conrnction or completed at Date of Policy).
Unenforceability of the lien of the insured mortgage because of failure of the insured at Date of Policy or of any subsequent wner of the indebtedness to comply with applicable "doing business" laws of the state in which the land is situated.
2.
3.
4.
5. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1970
WrlH REGIONAL EXCEPTIONS
When the American Land Title Association Lenders Policy is used as a Standard Coverage Policy and not as an Extended Coverage Blicy, the exclusions
set forth in paragraph 4 above are used and the following exceptions to coverage appear in the policy.
SCHEDULE B
This policy does not insure against loss or damage by reason of the matters shown in parts one and two following:
Part One I.
2.
3.
4.
5.
6.
Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real
property or by the public records.
Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof.
Easements, claims of easement or encumbrances which are not shown by the public records.
Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and
which are not shown by public records.
Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, clains or title to water.
Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public
records.
First American ntle
Order Number: 1742516 (11)
Page Number: 12 34139'
6. AMERICAN LAND lTllE ASSOCIATION LOAN POLICY - 1992
WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or
expenses which arise by reason of
I.
2.
3.
4.
5.
6.
I.
(a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regultions)
restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimemions or location of
any improvement now or hereaiter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or
any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance
resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy; (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a
defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the publicrecords at Date of Policy.
Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but mt excluding
from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without
knowledge.
Defects, liens, encumbrances, adverse claims, or other matters:
(a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not dsclosed in
writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien d the insured mortgage over any statutory lien for services, labor or material or the extent insurance is afforded herein as to assessments for street
improvements under construction or completed at date of policy); or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage.
Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or
failure of any subsequent owner of the indebtedness, to comply with the applicable "doing business" laws of the state in which the land is situated.
Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law.
Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date
of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance.
Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of
federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on:
(i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or
(ii) the subordination of the interest of the insured mortgagee as a result of the application of the docb-ine of equitable subordination; or
(iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure:
(a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
7. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992
WITH REGIONAL EXCEPTIONS
When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth
in paragraph 6 above are used and the following exceptions to coverage appear in the policy.
SCHEDULE B
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of
1.
2.
3.
4.
5.
6.
Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real
property or by the public records.
Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof.
Easements, claims of easement or encumbrances which are not shown by the public records.
Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records.
Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, clains or title to
water.
Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records.
8. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 1992
Hmt American 7itle
34140 Order Number: 1742516 (11)
Page Number: 13
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, cosk, attorneys' fees or expenses which arise by reason of: I. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimemions or location of
any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or
governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance
resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a ndice of a
defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date
of Policy.
Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but rot excluding
from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for vahe without
knowledge. Defects, liens, encumbrances, adverse claims, or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not dsclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured
by this policy.
Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on:
(i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent Vansfer; or (ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential
transfer results from the failure: (a) to timely record the instrument of transfer; or
(b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
2.
3.
4.
9. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 1992
WrlH REGIONAL EXCEPTIONS
When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth
in paragraph 8 above are used and the following exceptions to coverage appear in the policy.
SCHEDULE B
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: Part One:
1.
2.
3.
4.
5.
6.
Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records.
Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land
or by making inquiry of persons in possession thereof.
Easements, claims of easement or encumbrances which are not shown by the public records.
Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and
which are not shown by public records. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, clains or title to
water. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public
records.
10. AMERICAN LAND TlTLE ASSOCIAnON RESIDENTIAL
lTll.E INSURANCE POLICY - 1987
EXCLUSIONS
In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees and expenses resulting bm:
1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zonirg
ordinances and also laws and regulations concerning: * land use * improvements on the land
* land division * environmental protection
This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date.
This exclusion does not limit the zoning coverage described in items 12 and 13 of Covered Title Risks.
Order Number: 1742516 (11)
Page Number: 14 34141
2. The right to take the land by condemning it, unless: * a notice of exercising the right appears in the public records on the Policy Date * the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking.
* that are created, allowed, or agreed to by you * that are known to you, but not to us, on the Policy Date - unless they appeared in the public records * that result in no loss to you * that first affect your title after the Policy Date - this does not limit the labor and material lien coverage in Item 8 of Cwered Title Risks
Failure to pay value for your title.
* to any land outside the area specifically described and referred to in Item 3 of Schedule A, or * in streets, alleys, or waterways that touch your land
This exclusion does not limit the access coverage in Item 5 of Covered Title Risks.
3. Title Risks:
4.
5. Lack of a right:
11. EAGLE PROTECIION OWNER'S POLICY
CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE - 1998
ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE - 1998
Covered Risks 14 (Subdivision Law Violation). 15 (Building Permit). 16 (Zoning) and 18 (Encroachment of boundary walls or fences) are subject to
Deductible Amounts and Maximum Dollar Limits of Liability
EXCLUSIONS
In addition to the Exceptions in Schedule 6, you are not insured against loss, costs, attorneys' fees, and expenses resulting from:
1. Governmental police power, and the existence or violation of any law or government regulation. This includes ordinances, laws ad regulations concerning:
a. building
c. land use
e. land division
b. zoning
d. improvements on the land
f. environmental protection
This exclusion does not apply to violations or the enforcement of these matters if notice of the violation or enforcement appears in the Public Records at the Policy Date.
This exclusion does not limit the coverage dexribed in Covered Risk 14, 15, 16, 17 or 24.
The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion
does not apply to violations of building codes if notice of the violation appears in the Public Records at the Policy Date.
The right to take the Land by condemning it, unless:
a. a notice of exercising the right appears in the Public Records at the Policy Date; or
b. the taking happened before the Policy Date and is binding on You if You bought the Land without Knowing of the taking.
a. that are created, allowed, or agreed to by You, whether or not they appear in the Public Records;
b. that are Known to You at the Policy Date, but not to Us, unless they appear in the Public Records at the Policy Date;
c. that result in no loss to You; or
d. that first occur after the Policy Date -this does not limit the coverage described in Covered Risk 7, 8.d, 22, 23, 24 or 25.
Failure to pay value for Your Title.
a. to any Land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land.
This exclusion does not limit the coverage described in Covered Risk 11 or 18.
2.
3.
4. Risks:
5.
6. Lack of a right:
12. SECOND GENERATION EAGLE LOAN POLICY AMERICAN LAND TITLE ASSOCIATION EXPANDED COVERAGE RESIDENTIAL LOAN
POLICY (10/13/01)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, cos&, attorneys' fees or
expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regultions)
restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimemions or location of any improvement now or hereafter erected on the Land; (iii) a separation in ownership or a change in the dimensions or area of the Land
or any parcel of which the Land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumtrance
resulting from a violation or alleged violation affecting the Land has been recorded in the Public Records at Date of Policy. This exclusion
fist American Title
..
Order Number: 1742516 (11)
Page Number: 15 34142.
2.
3.
4.
5.
6.
7.
8.
9.
does not limit the coverage provided under Covered Risks 12, 13, 14 and 16 of this policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a nctice of a
defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the Public Records at Date of Policy. This exclusion does not limit the coverage provided under Covered Risks 12, 13, 14 and 16 of this policy.
Rights of eminent domain unless notice of the exercise thereof has been recorded in the Public Records at Date of Policy, but rot excluding
from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without Knowledge.
Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not dsclosed in
writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (this paragraph does not limit the coverage provided under Covered Risks 8, 16, 18, 19, 20, 21, 22, 23, 24, 25 and 26); or
(e) resulting in loss or damage which would not have been sustained if the Insured Claimant had paid value for the Insured Momage.
Unenforceability of the lien of the Insured Mortgage because of the inability or failure of the Insured at Date of Policy, or the inability or
failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the Land is situated.
Invalidity or unenforceability of the lien of the Insured Mortgage, or claim thereof, which arises out of the transaction evidenced by the
Insured Mortgage and is based upon usury, except as provided in Covered Risk 27, or any consumer credit protection or truth in lending law.
Real property taxes or assessments of any governmental authority which become a lien on the Land subsequent to Date of Policy. This
exclusion does not limit the coverage provided under Covered Risks 7,8 (e) and 26.
Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This
exclusion does not limit the coverage provided in Covered Risk 8.
Lack of priority of the lien of the Insured Mortgage as to each and every advance made after Date of Policy, and all interest harged thereon, over liens, encumbrances and other matters affecting title, the existence of which are Known to the Insured at: (a) The time of the advance; or
(b) The time a modification is made to the terms of the Insured Mortgage which changes the rate of interest charged, if the rate of interest is greater as a result of the modification than it would have been before the modification.
This exclusion does not limit the coverage provided in Covered Risk 8.
The failure of the residential structure, or any portion thereof to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This exclusion does not apply to violations of building codes if notice of the violation appears in the Public Records
at Date of Policy.
SCHEDULE B
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which aris by reason of:
1. The following existing statutes, reference to which are made part of the ALTA 8.1 Environmental Protection Lien Endorsement inoorporated
into this Policy following item 28 of Covered Risks: NONE.
13. SECOND GENERATION EAGLE LOAN POLICY AMERICAN LAND TITLE ASSOCIATION EXPANDED COVERAGE RESIDENTIAL LOAN
POLICY (10/13/01)
WITH REGIONAL EXCEPTIONS
When the American Land Title Association loan policy with EAGLE Protection Added is used as a Standard Coverage Policy and not as an Extended
Coverage Policy the exclusions set forth in paragraph 12 above are used and the following exceptions to coverage appear in the policy.
SCHEDULE B
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which ark by reason of:
Part One: I.
2.
3.
4.
5.
6.
Part Two:
Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real
property or by the public records.
Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspectbn of said land
or by making inquiry of persons in possession thereof. Easements, claims of easement or encumbrances which are not shown by the public records.
Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would dtlose, and which are not shown by public records.
Unpatented mining claims; reservations or exceptions in patents or in acts authorizing the issuance thereof; water rights, clams or title to water. Any lien, or right to a lien, for services, labor or material theretofore or hereaffer furnished, imposed by law and not shown by the public
records.
First American ntle
34143 Order Number: 1742516 (11)
Page Number: 16
1. The following exisfing statutes, reference to which are made part of the ALTA 8.1 Environmental Protection Lien Endorsement inoorporated
into this Policy following item 28 of Covered Risks: None.
Fint American ?itle
.. . .. ,.
34144
EXHIBIT “E”
Depiction of structures, improvements, easements, dedications and
major, distinct natural features on the Property
34145 - - - - - - - L€G€ND
SUBDI MSION BOUNDARY. ...........
NON- KR ANDs WA ERS OF WE US. .............
KTLAND WES
PROPOSED SLWE .................. - -Y-Y-- ___ __ --------
PROPOSED BROW DITCH. ......... m m
EMS?" EXCESS EmUENT. -------
PROPOSED EXCESS EmUENT.
EMSUNG SEKR FORCE MAIN. -------
.... ... SOUWERN MiLOW SCRUB. Iswsl m FRESHWA ER MARSH. ... .......... .. ............ fMS?ZNG SUBDRAIN - - ... F??ESHWA ER SEEP. lIiEl ............... ... - - -
OPEN WAER PROPOSED SUBDRAIN. ............ v - ... ---a . -
EMS?7NG STORM DRAIN. ........... I-------
..................... m
CISMONMNE ALKALI MARSH., 71
DISWRBED KRAND. .......... m PROPOSED STORM DRAIN .........
womr 0. URROLL
1.S 7700 EXR 12/31/06
BASIS Of BEARINGS
A.P.N. 209-050-04 209-050-2 1-24
THE BASIS OF BEARINGS FOR THIS SURMY IS THE CALIFOkNA COOkDINAIE
(NAD83) GRID BEARINGS BEWEN P7; NO. 78 AND PI: NO 71 AS SAID COORDINAES ARE PUBLISHED IN THE CITY OF CARLSBAD SURMY CONTROL
OF THE SAN DIEGO COUNTY RECORDER ON EBRUARY S: 2002 LE N2628207
REERENCED BEARINGS FROM 0 THER DOCUMEN EBEEDS
SEEM - 1984 ZONE s, 1991.35 EPOCH, NORTH AMERICAN DATUM of 1983
NETWORK ESMBLISHED BY RECORD OF suRw NO. rmr, HE- IN WE O~CE
MAY OR MAY NOT BE IN ERMS OF SAID SEEM
THE COMBINED SCALE FACTOR AT PI: NO. 78 IS 0.999948990. GRID DISTANCE = GROUND DISMNCE X COMBINED GRID FACTOR
LEGAL DESCRIPTIOM
I C 0 N S U L T A" T S
2710 Laker Avenue West Civil Engineering Suite 100 Planning Carisbod. California 92008 Processing 760-931-7700 Surveying
Fox: 760-931-8680
APPLICANT:
ARLSMD OAKS NORTH PWRS, i.f ?O. BOX 80036 YN DIEGi2 04 92138 H (619). 223- 1663
\961005\Exhibils\Conservation Wetlands\9605ROAKS efs: 9605osrnap; 9605AMAP; \ZWotersVS
NO SCALE
SHT. I OF 13 SHT. EXHIBIT "E"
I 1
34146
\ \ \ \ -- -- ---
NO SCALE
I C 0 N S U L T A" T S
2710 Loker Avenue West Civil Engineering
Suite 100 Plonning Carlsbod. California 92008 Processing
760-931-7700 Surveying Fox: 760-931-8680
.
0 0 0 0 0 0 i
SHT. 2 OF 13 SHT. APPLICANT: EXHIBIT "E"
XRLSBID OAKS NORW PTNRS, L.P. ;10. BOX 80036 A.P.N. YN DIEGQ a 92138 VMOWY 0. CLWROLL 209-050-04 H (619) 223-1663 L.S. 7700 EXP, 12/31/06 209-050-21-24
~961OO5\Exh1b1ts\Conservation\Wetlands\9605ROAKS2 dwg Mar 25. 2005 9 12am
efs 9605osrnap. 9605AMAP. ZWatersUS
34147
EXHIBIT "E"
woiiiy 0. MROLL
!.S 7700 EXR 12/31/06
6
NO SCALE
SHT. 3 OF 13 SHT.
A.P.N. 209-050-04 209-050-2 1-24
2710 Loker Avenue West Civil Engineering Suite 100 Planning Carlsbad. California 92008 Processing
760-931-7700 Surveying
Fox: 760-931-8680
www.oda~onsultonts.c~m
APPLICANT:
WLSMD OAKS NORTH P17vRS, L.P 10. BOX 80036 4N DfEGQ 92138 H (619) zz3-rm
,961 OOS\Exh ibits\Conservotion\Wetlonds\9605ROAKS: Xrefs: 9605osmop; 9605AMAP; ZWatersUS
I
I I i I I \
SE SHE7 ffo. 2
2710 Loker Avenue West Civil Engineering Suite 100 Planning Corlsbod. Caltfom D 92008 Process~ng 760-931-7700 Surveying Fox 760-931-8680
www odoyconsultants corn
SHT. 4 OF 13 SHT. APPLICANT: EXHIBIT "E"
4RLSmD OAKS NORW P?NRS, L.P.
-0. BOX 80036 A.P.N. 41 DIEGQ a 92138 miorw 0. ~RROLL 209-050-04 H. (619) 223-r663 L.S. 7700 EXP rz/~r/o6 209-0so-zr-z4
,961OO5\Exh1bits\Conservat1on\Wetlands\9605ROAKS2 dwg Mor 25. 2005 9 19am :fs 9605osmop. 9605AMAP. ZWatersUS
i
34149
NO SCALE \' \ \ \
\ \
\ \
\ \\
w sff sffm No. 3
2710 Loker Avenue West Civil Engineering Suite 100 Planning Carlsbad. California 92008 Processing 760-931-7700 Surveying Fox: 760-931-8680 wvw.odayconsultontJ.com
APPLl CANT:
\961005\Exh ibits\Conservation\Wetlands\9605ROAKS
efs: 9605osrnop; 9605AMAP: ZWatersUS
I I
\ \ NO. 7'700
SHT. 5 OF 13 SHT. r "E"
I I A.P.N. TbfOTHY 0. CARROii 209-050-04 1.S 7700 EXP. 12/31/06 209-050-21 44
wg Mar 25. 2005 9:20om
34150
YRLSMD MS tVOR7H PTNRS, L.P. ?O. BGX 80036 YN Dt'fGQ c;4 92138
28 (6rg) 223-1663
0 / 0 /
A.P.N. ?MOTHY 0. C4RROLL 209-050-04
L.S. 7700 EXR rz/~r/o6 209-050-21 -24
0-
CONSULT
2710 Lokcr Avenue Wnt Sultc 100 Planning
760-931-7700 Surveying Carlsbad. Callfornla 92008 Processing
Fax: 760-931-6680
2710 Lokcr Avenue Wnt Civil Engineering Sultc 100 Planning Carlsbad. Callfornla 92008 Processing 760-931-7700 Surveying Fax: 760-931-6680
www.cdayeonsultanb.cm
I
SHT. 6 OF 13 SHT.
6
NO SCALE
C 0 N S U L T A'N T S
2710 Loker Amuc West Civil Engineering Suite 100 Planning Carlsbod. California 92008 Processing 760-931-7700 Surveying Fax: 780-951-8680 www.Ddoyco"s"lt~nl,.com
APPLICANT: EXHIBIT "E"
NO. 7700
SHT. 7 OF 13 SHT.
WLSW a46 NORTH P?NR' L.P.
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RECORDED RE(2UEST OF First American Title
RECORDING REQUESTED B?:.
SUBDIVISION MAPPING DEPT
and
Center for Natural Lands Management-SO22
425 E. Alvarado Street, Suite H ( h*-\\d > Fallbrook, CA 92028 \-I\-+
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AND WHEN RECORDED MAIL 'TO! '
Carlsbad City Clerk's Office
1200 Carlsbad Village Drive
Carlsbad, California92008
Department of Fish and Game
14 16 Ninth Street, 12th Floor (kd, \eA - 11 - 05) 1 Sacramento, CA 95 8 14
DOC # 2004-1 180066 I1111111 Ill1 Ill11 IIIII 111llllll11111111lll Ill11 11111 11111 11111 Ill1 1111
DEC 15,2004 352 PM
OFFICIAL RECORDS SAN DIEGO CUUNTY RECORDER'S OFFICE
GREGORY J. SMITH, COUNTY RECORDER
FEES: 0.00 O C: NA
RECITALS
A. Grantor is the sole owner in fee simple of the real property in the County of San
Diego, State of California, as described in Exhibit "A" attached hereto and incorporated herein
by this reference (the
B Grantee has adopted a Habitat Management Plan, for the conservation, protection,
and management of fish, wildlife, native plants and the habitat necessary for biologically
sustainable populations of certain species thereof, and is authorized to hold easements for these
purposes pursuant to the provisions of California law;
C. The Property possesses wildlife and habitat values, collectively, Tonservation
Values", which should be conserved, managed and protected.
D. The Property provides a high quality linkage to habitat corridors identified in the
City of Carlsbad's Habitat Management Plan;
E Grantor intends to transfer title to a designated conservator. Upon transfer, the
designated conservator will take on all of the obligations and duties of the Grantor related to the
conservation, protection, monitoring and management of the Conservation Values of the
December 2,2004, City of Carlsbad -1-
17337
Property, including the fiduciary duty to manage endowment funds that have been set aside to
preserve the Conservation Values of the property under this conservation easement.
F. Grantor voluntarily grants this Conservation Easement as a way of providing
mitigation for certain impacts of the Carlsbad Oaks North Specific Plan located in the City of
Carlsbad, County of San Diego, State of California, pursuant to the Final Program
Environmental Impact Report and associated Mitigation Monitoring and Reporting Program
certified by the City of Carlsbad for the Carlsbad Oaks North Specific Plan project area, by City
Council Resolution No. 2002-298, dated October 8,2002 and Planning Commission Resolution
No. 5249, dated August 21,2002. This Conservation Easement is intended to implement and is
accepted in connection with said City Council Resolution and as required by:
1. The United States Fish and Wildlife Service non-jeopardy Biological
Opinion and associated habitat mitigation requirements issued December 4, 2003 (FWS Log No.
1-6-01-F2874);
2. The United States Army Corps of Engineers (“ACOE”) Section 404
Permit No. 200200641 -JMB and amendments thereto (“Section 404 Permit”) dated November 1,
2004; and
3. The California Department of Fish and Game (“CDFG”), Section 1603
Streambed Alteration Agreement R-5-2002-02 18, dated April 5,2004.
All of the foregoing shall hereafter be collectively referred to as the “Approved Mitigation
Plans”.
G. Grantee is authorized to hold conservation easements pursuant to Civil Code
Section 8 15.3. Specifically, Grantee is a governmental entity identified in Civil
Code Section 815.3(b) and otherwise authorized to acquire and hold title to real
property; and
H. The CDFG has jurisdiction, pursuant to the California Fish and Game Code,
Section 1802, over the conservation, protection, and management of fish, wildlife,
native plants and the habitat necessary for biologically sustainable populations of
those species and also has jurisdiction pursuant to the Fish and Game Code,
Section 1603 with respect to any activity which may substantially adversely affect
an existing fish and wildlife resource.
I. The United States Fish and Wildlife Service (“USFWS”) has jurisdiction over the
conservation, protection, restoration, enhancement and management of fish,
wildlife and native plants and the habitats on which they depend under the
Endangered Species Act, 16 U.S.C. Section 1531 et. seq., the Fish and Wildlife
Coordination Act, 16 USC, Section 66 1-666c and other applicable federal laws.
The USFWS issued a non-jeopardy biological opinion FWS Log No. 1-6-01-
F2874regarding effects to federally listed species as a result of the development of
the Carlsbad Oaks North Specific Plan, and
December 2,2004, City of Carlsbad -2-
J. The ACOE is the federal agency charged with regulatory authority over
discharges of dredged and fill material in waters of the United States pursuant to
Section 404 of the Clean Water Act.
COVENANTS, TERMS, CONDITIONS AND RESTRICTIONS
In consideration of the above recitals and the mutual covenants, terms, conditions, and
restrictions contained herein, and pursuant to California law, including Civil Code Section 8 15,
et seq., Grantor hereby voluntarily grants and conveys to Grantee a conservation easement in
perpetuity over the Property of the nature and character and to the extent hereinafter set forth
(“Conservation Easement”). This Conservation Easement shall run with the land and be binding
on Grantor’s heirs, successors, administrators, assigns, lessees, and other occupiers or users of
the Property or any portion of it.
1. Purpose.
(a) The purpose of this Conservation Easement is to ensure that the Property
will be preserved in a natural condition in perpetuity and to prevent, subject to the rights retained
by the Grantor hereunder, any use of the Property that will materially impair or interfere with the
Conservation Values of the Property. Grantor intends that this Conservation Easement will
confine the use of the Property to activities involving the preservation and enhancement of native
species and their habitat in a manner consistent with the habitat conservation purposes of this
Conservation Easement.
(b) The term “natural condition,” as referenced in paragraph (a) and other
portions of this Conservation Easement, shall mean the condition of the Property, as it exists at
the time this Conservation Easement is executed, as well as future enhancements or changes to
the Property that occur directly as a result of the following activities:
(1)
(2)
(c)
Compensatory mitigation measures required by the Section 404 Permit
In-perpetuity long-term maintenance obligations that occur on the
Grantor certifies that the only structures or improvements existing on the
Property at the time this grant is executed consist of utilities, roads and trails Evidence of the
“natural condition” to Grantor, Grantee and any third party beneficiary consists of (1) an aerial
photograph of the Property at an appropriate scale taken as close in time as possible to the date
this Conservation Easement is executed; (2) on-site photographs showing all man-made
improvements or structures (if any); (3) all biological reports and wetlands delineation studies;
(4) the certified Final Environmental Impact Report; and (5) the Approved Mitigation Plans.
and as described in the Final Habitat Mitigation and Monitoring Plan, or
Property as described in Section 6, herein.
(d) If a controversy arises with respect to the natural condition of the
Property, Grantor, Grantee, any third party beneficiary, or their designees or agents, shall not be
foreclosed from utilizing any and all other relevant documents, surveys, photographs or other
evidence or information to assist in the resolution of the controversy.
December 2,2004, City of Carlsbad -3-
2. Prohibited Uses. Any activity on or use of the Property inconsistent with the
habitat conservation values and purposes of the Conservation Easement is prohibited. Without
limiting the generality of the foregoing, the following are expressly prohibited except as
otherwise provided herein, or unless specifically provided for in the City Habitat Management
Plan, its implementing documents, the Approved Mitigation Plans and any easements,
reservation of rights recorded in the chain of title to the Property at the time this Conservation
Easement is recorded. :
(4 Unseasonal watering;
(b) Use of herbicides, pesticides, biocides, fertilizers, or other agricultural
chemicals or weed abatement activities, except activities necessary to control or remove
invasive or exotic species;
(c) Incompatible fire protection activities except fire prevention activities
expressly reserved herein;
(d) Use of off-road vehicles and use of any other motorized vehicles except in
the execution of management duties;
(e) Livestock grazing or other agricultural activity of any kind;
(f) Recreational activities including, but not limited to, horseback riding, biking, hunting or fishing;
(g) Residential, commercial or industrial uses;
(h) Any legal or de facto division, subdivision or portioning of the Property,
except transfers in accordance with Section 11 below;
(i) Construction, reconstruction or placement of any building or other
improvement, billboard, or sign except in furtherance of the duties specified herein;
(i) Depositing or accumulation of soil, trash, ashes, refuse, waste, bio-solids
or any other material;
(k) Planting, introduction or dispersal of non-native or exotic plant or animal
species;
(1) Filling, dumping, excavating, draining, dredging, mining, drilling, removing or exploring for or extraction of minerals, loam, gravel, soil, rock, sand or other
material on or below the surface of the Property;
(m) Altering the general topography of the Property, including but not limited
to building of roads and flood control work, except as reflected in the Approved Mitigation Plans
and the Carlsbad Oaks North Specific Plan;
December 2,2004, City of Carlsbad -4-
(n) Removing, destroying, or cutting of native trees, shrubs or other native
vegetation, except for: (1) fire breaks as required by fire safety officials as set forth in Section 6,
(2) maintenance of existing foot trails or roads, (3) prevention or treatment of disease, (4) control
of invasive species which threaten the integrity of the habitat, (5) such activities required by
Approved Mitigation Plans, or (6) activities described in Section 6; and
(0) Manipulating, impounding or altering any natural watercourse, body of
water or water circulation on the Property, and activities or uses detrimental to water quality,
including but not limited to degradation or pollution of any surface or sub-surface waters, except
as provided in the Approved Mitigation Plans and the Carlsbad Oaks North Specific Plan.
3. Grantee’s Rights. To accomplish the purposes of this Conservation Easement,
Grantor hereby grants and conveys the following rights to Grantee.
(a) To preserve and protect the Conservation Values of the Property;
(b) To enter upon the Property at reasonable times: (i) in order to monitor the
condition of the Property and to enforce the terms of this Conservation Easement, (ii) to
conduct scientific research and for interpretive purposes (which entry may be made by Grantee
or its designees), provided, however, that Grantee’s exercise of such rights shall not
unreasonably interfere with the Grantor’s exercise of the rights retained by Grantor hereunder;
(c) To prevent any activity on or use of the Property that is inconsistent with
the purposes of this Conservation Easement and to require the restoration of such areas or
features of the Property that may be damaged by any act, failure to act, or any use that is
inconsistent with the purposes of this Conservation Easement;
(d) All mineral, air and water rights necessary to protect and to sustain the
biological resources of the Property; and
(e) All present and future development rights.
All rights given to Grantee under this easement, are also granted to ACOE, USFWS and CDFG
as third party beneficiaries of this Conservation Easement. The ACOE, shall maintain third party
beneficiary rights with respect to mitigation under the 404 Permit No. 200200641-JMB. CDFG
shall maintain third party beneficiary rights with respect to the Section 1603 Streambed
Alteration Agreement No. R-5-2002-0218, April 5,2004. The USFWS and CDFG shall
maintain third party beneficiary rights with respect to the USFWS non-jeopardy Biological
Opinion (FWS Log. No. 1-6-01-F2874).
4. Reserved Rights. Grantor reserves to itself, its successors and assigns, all rights
accruing from its ownership of the Property, including the following rights, but only to the extent
that such uses are consistent with the purposes of this Conservation Easement and the uses
authorized by the Approved Mitigation Plans and the Carlsbad Oaks Specific Plan :
December 2,2004, City of Carlsbad -5-
(a) The right to grant easements to any utility company for facilities, so long
as such easements are consistent with the purpose of this Conservation Easement and are in
accordance with Section 1 1;
(b) The right to maintain firebreaks, trim or remove brush, otherwise perform
preventive measures required by the fue department to protect structures and other
improvements from potential fires, and perform any other brush management activities in
compliance with applicable brush management programs and consistent with the terms and
conditions of the permits, entitlements and approvals issued for development of the Carlsbad
Oaks North Specific Plan project area;
(c) The right to perform restoration and management activities which are
necessary to maintain the Property as open space and preserve and protect the Conservation
Values thereon in accordance with the terms of the Section 404 permit or Approved Mitigation
Plans, in conjunction with the issuance of permits, entitlements and approvals for the
development of the Carlsbad Oaks North Specific Plan project;
(d) The right to plant and maintain native trees, shrubs and other native
landscaping elements, including, without limitation, the installation and maintenance of
underground pipe systems, sprinklers, and appurtenances necessary to maintain the landscaping
placed thereon to the extent such landscaping elements are required pursuant to the permits,
entitlements and approvals issued for the Carlsbad Oaks North Specific Plan project area, and are
consistent with the purposes of this Conservation Easement; and
(e) The right to install and maintain:
(1) Fences on the Property to the extent such installation and
maintenance of fences is consistent with the purposes of this Conservation Easement.
(2) Any slopes or other structures, improvements or facilities required
or necessary for the construction of the Carlsbad Oaks North Specific Plan as approved by the
City, and consistent with the Approved Mitigation Plans.
5. Grantee’s Duties.
(a) Grantee shall not reduce the Conservation Values of the Property by
performing any activity contrary to the purposes of this Conservation Easement, and
(b) Grantee will perform compliance inspections of the Property to the extent
it determines that staff and funding are available.
6. Grantor’s Duties. To accomplish the purposes of this Conservation Easement as
described in Section 1, Grantor shall:
(a) Preserve and retain the Property for its Conservation Values; and
December 2,2004, City of Carlsbad -6-
(b) Undertake all reasonable actions to prevent the unlawful entry and trespass
by persons whose activities may degrade or harm the Conservation Values of the Property. In
addition, Grantor shall undertake all necessary actions to perfect Grantee’s rights under Section 3
of this Conservation Easement, including but not limited to Grantee’s water rights; and
(c) Comply with the terms of this Conservation Easement and cooperate with
Grantee in the protection of the Conservation Values; and
(d) Maintain the Property and signage, and conduct any other activities
necessary for the maintenance and protection of this Conservation Easement in order to retain
and enhance the Conservation Values in perpetuity; and
(e) Repair and restore damage to the Conservation Easement directly caused
by Grantor, Grantor’s representatives, employees, agents, invitees and third parties.
(f) Set aside, hold, invest and disburse adequate endowment funds in trust
solely for the purposes of protecting Grantee’s rights and preserving the Conservation Values of
the Property under this Conservation Easement in perpetuity. Grantee shall have the right to
review and approve the terms of the endowment agreement, and shall be a third party beneficiary
of that agreement with the right to review and approve any amendments.
Have a fiduciary duty to ensure that the endowment funds held in trust for
the Property are properly managed. The following principles of fiduciary duty shall apply:
(1) There shall be no commingling of the endowment funds with other
funds. Funds may be pooled for investment management purposes only.
(2) Grantor shall have a duty of loyalty and shall not use the endowment funds for it’s own personal benefit.
(3) Grantor shall act as a prudent investor of the endowment funds.
(4) Grantor shall not delegate the responsibility for managing the
funds to a third party, but may delegate authority to invest the funds with Grantor’s oversight.
Grantor shall act with prudence when delegating authority and in the selection of agents.
(5) licensed CPA. Grantor shall submit the auditor’s written report to Grantee upon completion.
Obtain any applicable governmental permits and approvals for any activity
or use permitted by this Conservation Easement, and undertake any activity or use in accordance
with all applicable federal, state, local and administrative agency statutes, ordinances, rules,
regulations, orders or requirements, and
(g)
Grantor shall have annual audit of the endowment performed by a
(h)
(i) Take responsibility in perpetuity for the ongoing, long-term maintenance
of the Property. Such long-term maintenance shall consist of the following activities:
(1) Annual removal of trash or inorganic debris;
December 2,2004, City of Carlsbad -7-
(2) Repair, remediation and restoration of damage to the natural
condition and Conservation Values of the Property, including damage from man-made causes,
non-natural parasites and non-native or exotic species; and
(3) Annual maintenance of signage and other notification features
saying “404 Mitigation Area,” “Protected Natural Area,” or similar descriptions that inform
persons of the nature and restrictions on the Property.
7. Enforcement
(a) Third Party Beneficiaries. ACOE and CDFG, as third party beneficiaries
of this Conservation Easement, shall have the same rights, remedies and limitations as Grantee
under this Section. The third party beneficiary rights under this Section are in addition to, and do
not limit rights conferred to any third party beneficiary under any other laws or regulations. The
ACOE, shall maintain third party beneficiary rights with respect to mitigation under the 404
Permit No. 200200641-JMB. CDFG shall maintain third party beneficiary rights with respect to
the Section 1603 Streambed Alteration Agreement No. R-5-2002-0218. USFWS and CDFG
shall maintain third party beneficiary rights with respect to the USFWS non-jeopardy Biological
Opinion (FWS Log. No. 1-6-01-F2874). Grantor, Grantee and any third party beneficiary, when
implementing any remedies under this easement, shall provide timely written notice to each other
of any actions taken under this section, including, but not limited to: copies of all notices of
violation and related correspondence.
(b) Notice of Violation. If Grantee determines that Grantor is in violation of
the terms of this Conservation Easement or that a violation is threatened, Grantee may demand
the cure of such violation. In such a case, Grantee shall issue a written notice to Grantor
(hereinafter “notice of violation”) informing the Grantor of the actual or threatened violations
and demanding cure of such violations. Grantee and third party beneficiaries shall make a good
faith effort to notify each other prior to issuing a notice of violation.
(c) Time to Cure. Grantor shall cure the noticed violations within fifteen (1 5)
days of receipt of said written notice from Grantee. If said cure reasonably requires more than
fifteen ( 15) days, Grantor shall, within the fifteen (1 5) day period submit to Grantee for review
and approval a plan and time schedule to diligently complete a cure. Grantor shall complete
such cure in accordance with the approved plan. If Grantor disputes the notice of violation, it
shall issue a written notice of such dispute to Grantee within fifteen (1 5) days of receipt of
written notice of violation.
(d) Failure to Cure. If Grantor fails to cure the noticed violations within the
time period described in Section 7(c), above, or Section 7(e)(2), below, Grantee may bring an
action at law or in equity in a court of competent jurisdiction to enforce compliance by Grantor
with the terms of this Conservation Easement. In such action, the Grantee may:
1. Recover any damages to which Grantee may be entitled for
violation by Grantor of the terms of this Conservation Easement, subject to the limitations in
Sections 7(h) and 7(i) below. Grantee shall first apply any damages recovered to the cost of
undertaking any corrective action on the Property.
December 2,2004, City of Carlsbad -8-
2. Enjoin the violation, exparte if necessary, by temporary or
permanent injunction without the necessity of proving either actual damages or the inadequacy
of otherwise available legal remedies, or
3. Obtain other equitable relief, including, but not limited to, the
restoration of the Property to the condition in which it existed prior to any such violation or
injury.
(e) Notice of Dispute. If Grantor provides Grantee with a notice of dispute,
as provided herein, Grantee shall meet and confer with Grantor at a mutually agreeable place and
time, not to exceed thirty (30) days from the date that Grantee receives the notice of dispute.
Grantee shall consider all relevant information concerning the disputed violation provided by
Grantor and shall determine whether a violation has in fact occurred and, if so, determine
whether the notice of violation and demand for cure issued by Grantee is appropriate in light of
the violation.
(1) Grantee shall use the following principles in making a
determination:
a. Management activities shall be chosen for their long-term
benefits to the Property’s Conservation Values rather than for short-term benefits;
b. Management activities that benefit habitat protection shall
be chosen in favor of management activities designed to benefit individual species,
except where State or federally listed species are at issue;
c. Habitat maintenance is of primary importance in protecting
the long-term Conservation Values of the Property;
d. Management activities shall be chosen according to the
following order of preference:
i. Preventative actions shall be taken to avoid
additional impact;
ii. Natural restoration shall be used if appropriate,
based on the magnitude of the impact, the impacts on listed or sensitive species, and the
estimated time for recovery to occur;
iii. Active restoration shall be required only where
there are potential severe, long-term impacts to the Property’s Conservation Values, or
where highly sensitive species are impacted;
e. If, and for so long as, Grantor is a non-profit entity
organized for conservation purposes, Grantee shall consider the cost of management
activities and the resources available to Grantor or its successors.
December 2,2004, City of Carlsbad -9-
(2) If, after reviewing Grantor's notice of dispute, conferring with
Grantor, and considering all relevant information related to the violation, Grantee determines that
a violation has occurred, Grantee shall give Grantor notice of such determination in writing. .
Grantor shall cure the noticed violations within fifteen (1 5) days of receipt of said written notice
from Grantee. If said cure reasonably requires more than fifteen (1 5) days, Grantor shall, within
the fifteen (1 5) day period submit to Grantee for review and approval a plan and time schedule to
diligently complete a cure. Grantor shall complete such cure in accordance with the approved
plan.
(f) Conflicting Notices of Violation
(1) If Grantor receives a notice of violation from Grantee and/or any
third party beneficiary that is in material conflict with one or more prior written notices of
violation that have not yet been cured by Grantor, such that the conflict makes it impossible for
Grantor to carry out a cure consistent with all prior active notices of violation, Grantor shall give
written notice to all agencies issuing conflicting notices of violation within fifteen (1 5) days of
the receipt of each such conflicting notice of violation. A valid notice of conflict shall describe
the conflict with specificity, including a description of how the conflict makes compliance with
all active notices of violation impossible.
(2) Upon issuing a valid notice of conflict to the appropriate agency,
as described above, Grantor shall not be required to carry out the cure described in the
conflicting notices of violation until such time as the agency or agencies responsible for said
conflicting notices of violation issue a revised notice of violation making all active notices of
violation consistent. Upon receipt of a revised, consistent notice of violation, Grantor shall carry
out the cure recommended in such notice within the time periods described in Section 7(c),
above. Notwithstanding Section 7(g), failure to cure within said time periods shall entitle
Grantee to the remedies described in this Section 7(d).
(3) If after 30 days, there is an unresolved material conflict between
Grantee and any third party beneficiary regarding notices of violation, Grantor shall comply with
the notice of violation issued by the Grantee, until there is mutual agreement or a court order.
(4) This Section 7(f) shall not apply to Section 7(g), below.
(g) Immediate Action
If Grantee determines that circumstances require immediate action to prevent or
mitigate significant damage to the Conservation Values of the Property, Grantee may
immediately pursue all available remedies, including injunctive relief, available pursuant to both
this Conservation Easement and state and federal law after giving Grantor at least twenty-four
(24) hours written notice before pursuing such remedies. So long as such twenty four (24) hour
notice is given, Grantee may immediately pursue all available remedies without waiting for the
expiration of the time periods provided for cure or notice of dispute as described in Sections 7(c)
and 7(f), above. The written notice pursuant to this paragraph may be transmitted to Grantor by
facsimile and shall be copied to all other parties listed in Section 12 of this Conservation
Easement. The rights of Grantee under this paragraph apply equally to actual or threatened
December 2,2004, City of Carlsbad -10-
violations of the terms of this Conservation Easement. Grantor agrees that the remedies at law
for Grantee for any violation of the terms of this Conservation Easement are inadequate and that
Grantee shall be entitled to the injunctive relief described in this section, both prohibitive and
mandatory, in addition to such other relief to which Grantee may be entitled, including specific
performance of the terms of this Conservation Easement, without the necessity of proving either
actual damages or the inadequacy of otherwise available legal remedies. The remedies described
in this section shall be cumulative and shall be in addition to all remedies now or hereafter
existing at law or in equity, including but not limited to, the remedies set forth in Civil Code
Section 8 15, et seq., inclusive.
(h) Grantor Violation If a court of competent jurisdiction determines that the
Grantor has violated any term of this easement, Grantor and Grantee agree that:
(1) Liability to Grantee for damages is limited to acts or omissions
covered by the Insurance Policy described in Section 8 below to the coverage limits of the
policy, except as described in Section 7(h)(3) below.
(2) Endowment funds set aside for the management of the Property
shall not be used to pay any damages to any third party so long as the Endowment is held for the
specific purposes set forth in this Conservation Easement.
(3) If a violation arises from an intentional act by Grantor, Grantor
shall be liable for the full extent of damages resulting from the violation; even if beyond the
limits of any insurance policy, and
(4) Endowment funds for the management of the Property may only be
used to restore the Property to the condition in which it existed prior to the violation; and
(5) In lieu of monetary damages, Grantee may agree to accept fee title
to and management responsibility of the Property, or may direct fee title and management
responsibility to a new Grantor, which shall be a public agency or non-profit corporation eligible
to hold conservation Easements under Civil Code Section 815.3. Prior to accepting fee title and
management responsibility, Grantee may offer to assign this Conservation Easement to a willing
third party beneficiary to this agreement pursuant to the terms of Section 11 of this Conservation
Easement. If Grantee or an eligible replacement Grantor takes fee title to the Property pursuant
to this paragraph, Grantee or replacement Grantor shall receive any funds which remain in the
endowment and any other funds specified for the Property.
(i) Acts Beyond Grantor's Control. Nothing contained in this Conservation
Easement shall be construed to entitle Grantee to bring any action against Grantor or make any
claim on Grantor's insurance policy for any injury to or change in the Conservation Easement
Property resulting from:
(1) Any cause beyond Grantor's control, including without limitation,
fire, flood, storm, and earth movement; or
December 2,2004, City of Carlsbad -1 1-
(2) Any prudent action taken by Grantor under emergency conditions
to prevent, abate, or mitigate significant injury to persons and/or the Conservation Easement
Property resulting from such causes;
(3) Acts by Grantee, any third party beneficiary, or their employees,
directors, officers, agents, contractors, or representatives; or
(4) Acts of third parties (including any governmental agencies) that
are beyond Grantor’s control, so long as Grantor takes reasonable steps to prevent prohibited
uses of the Property.
(i) Enforcement Discretion. Enforcement of the terms of this Conservation
Easement shall be at the discretion of Grantee. Any forbearance by Grantee to exercise rights
under this easement in the event of any breach of any term of this easement by Grantor shall not
be deemed or construed to be a waiver by Grantee of such term or of any subsequent breach of
the same or any other term of this Conservation Easement or of any of the rights of Grantee
under this Grant. No delay or omission by Grantee in the exercise of any right or remedy upon
any breach by Grantor shall impair such right or remedy or be construed as a waiver.
8. Insurance. Grantor shall maintain a policy of Commercial General Liability
Insurance, in a form reasonably approved by Grantee, with a minimum coverage of $2 million
per incident . The insurance shall be for legal liability arising out of bodily injury and tangible
property damage, including tangible property damage to the conservation easement. The policy
shall include an endorsement naming Grantee as an additional insured, which policy shall
provide primary coverage for Grantee in the event of any claim naming Grantee that is covered
by the policy. The policy shall be the source of payment for any liability claims under this
Conservation Easementpaid after judgment or settlement, covered by the policy.
9. Indemnification.
(a) Grantor and its successors and assigns retain all responsibilities and shall
bear all costs and liabilities of any kind relating to the ownership, operation, upkeep, and
maintenance of the Property. Grantor shall hold harmless, indemnify, and defend Grantee and its
directors, officers, employees, agents, contractors, and representatives, (“Indemnified Parties”)
from and against all liabilities, penalties, costs, losses, damages, expenses, causes of action,
claims, demands, or judgment, including without limitation, reasonable attorneys’ fees, arising
from or in any way connected with: injury to or the death of any person, or physical damages to
any property, resulting from any act, omission, condition, or other matter related to or occurring
on or about the Property unless due to negligent or intentional acts or omissions of any of the
indemnified parties.
(b) Hazardous Materials Grantor represents and warrants that it has no
knowledge of any release or threatened release of Hazardous Materials as defined below in, on,
under, about or affecting the Property. Without limiting the obligations of Grantor in Section 8,
Grantor agrees to indemnify, protect and hold harmless the Indemnified Parties (defined in
Section (a)) against any and all claims arising from or connected with any Hazardous Materials
present, alleged to be present, or otherwise associated with the Property at any time, including
December 2,2004, City of Carlsbad -12-
allegations of Hazardous Material introduced to the property following subsequent transfers by
Grantor, except any Hazardous Materials placed, disposed or released by Grantee, its employees,
directors, officers, contractors, representatives or agents. If any action or proceeding is brought
against any of the Indemnified Parties by reason of any such Claim, Grantor shall, at the election
of and upon written notice from Grantee, defend such action or proceeding by counsel
reasonably acceptable to the Indemnified Party or reimburse Grantee for all charges it incurs in
defending the action or proceeding.
Despite any contrary provision of this Conservation Easement Deed, the parties do not intend
this Conservation Easement to be, and this Conservation Easement shall not be, construed such
that it creates in or gives to Grantee any of the following:
(1) The obligations or liabilities of an "owner" or "Operator," as those
terms are defined and used in Environmental Laws (defined below), including, without
limitation, the Comprehensive Environmental Response, Compensation and Liability Act of
1980, as amended (42 U.S.C. Section 9601 et seq.; hereinafter, "CERCLA"); or
(2) The obligations or liabilities of a person described in 42 U.S.C.
Section 9607(a)(3) or (4); or
(3) The obligations of a responsible person under any applicable
Environmental Laws; or
(4) The right to investigate and remediate any Hazardous Materials
associated with the Property; or
(5) Any control over Grantor's ability to investigate, remove,
remediate or otherwise clean up any Hazardous Materials associated with the Property.
The term "Hazardous Materials" includes, without limitation, (A) material
that is flammable, explosive or radioactive (except such materials naturally occurring within the
Property); (B) petroleum products, including by-products and fractions thereof; and (C)
hazardous materials, hazardous wastes, hazardous or toxic substances, or related materials
defined in CERCLA, the Hazardous Materials Transportation Act (49 U.S.C. Section 6901 et
seq.); the Hazardous Waste Control Law (California Health & Safety Code Section 25100 et
seq.); the Hazardous Substance Account Act (California Health & Safety Code Section 25300 et
seq.), and in the regulations adopted and publications promulgated pursuant to them, or any other
applicable federal, state or local laws, ordinances, rules, regulations or orders now in effect or
enacted after the date of this Conservation Easement Deed.
The term "Environmental Laws" includes, without limitation, any federal, state,
local or administrative agency statute, ordinance, rule, regulation, order or requirement relating
to pollution, protection of human health or safety, the environment or Hazardous Materials.
Grantor represents, warrants and covenants to Grantee that Grantor's activities upon and use of
the Property will comply with all Environmental Laws.
December 2,2004, City of Carlsbad -13-
10. Access. This Conservation Easement does not convey a general right of access to
the Property by the public. The Conservation Easement will allow for access to the Property for
Grantee and its designees, third party beneficiaries and third-party easement holders as
designated in the recorded easement. This Conservation Easement will allow for the Property to
be available for approved scientific investigations. Trailhead signs will be placed strategically
throughout any existing or future trail system to increase user awareness and appreciation and to
inform persons of the nature of and restrictions on the Property.
1 1. Assignment and Subsequent Transfers.
(a) BY Grantee.
(1) This Conservation Easement is transferable by Grantee to an entity
or organization authorized to acquire and hold conservation easements pursuant to Civil Code
Section 8 15.3 (or any successor provision then applicable); and
(2) Prior to making an assignment, Grantee shall give written notice of
the proposed assignment, along with the name of the proposed assignee, to Grantor, and any
third party beneficiary at the addresses listed in Section 12 (below). The Grantor and/or third
party beneficiary may then submit written comments to Grantee regarding the suitability of the
proposed assignee. Such comments must be submitted to the Grantee, at the address listed in 12
below, within 45 days of the date of the notice. Grantee shall consider all timely comments prior
to making any final assignment; and
(3) Grantee shall require the assignee to record the assignment in San
Diego County.
(b) BY Grantor.
(1) The covenants, conditions, and restrictions contained in this
Conservation Easement Deed are intended to run with the land and bind all future owners of any
interest in the Property. Grantor agrees to incorporate by reference the terms of this
Conservation Easement in any deed or other legal instrument by which Grantor divests itself of
any interest in all or a portion of the Property, including, without limitation, a leasehold interest.
Grantor agrees to give written notice to Grantee and to third party beneficiaries of the intent to
transfer any interest at least forty-five (45) days prior to the date of such transfer. Grantee shall
have the right to prevent subsequent transfers in which the prospective subsequent claimants or
transferees are not given notice of the covenants, terms, conditions and restrictions of the
Conservation Easement, or in which prospective subsequent claimants or transferees are not a
tax-exempt nonprofit organization qualified under Section 50 1 (c)(3) of the Internal Revenue
Code and qualified to do business in this state, which has as its primary purpose the preservation,
protection, or enhancement of land in its natural, scenic, historical, agricultural, forested, or
open-space condition or use, or the state or any city, county, city and county, district, or other
state or local governmental entity.
(2) Any subsequent transferee shall be deemed to have assumed the
obligations of this Conservation Easement and to have accepted the restrictions contained herein.
December 2,2004, City of Carlsbad -14-
Upon conveyance, Grantor shall concurrently transfer the remaining endowment funds for the
management of the Property to Grantor’s successor in interest or otherwise assure Grantee that
Grantor’s successor in interest has adequate funds to perfect Grantee’s rights in perpetuity.
(3) The failure of Grantor to perform any act provided in this section
shall not impair the validity of this Conservation Easement or limit its enforceability in any way.
(4) Grantor hereby informs Grantee that Grantor intends to convey the
Property to the CENTER FOR NATURAL LANDS MANAGEMENT, INC. a California non-
profit public benefit corporation (“Center”) and that the Center will assume Grantor’s duties
hereunder, except for the indemnification provided in Section 9(b) above, as to the existing
condition of the land as of the date that Grantor transfers the Property to the “Center” After
Grantor transfers Property to the Center, both Grantor and Center agree to indemnify Grantee
under Section 9(b) above for claims arising from Hazardous Materials placed, disposed of or
released onto the Property after the date of transfer.
(c) Easements. Other than as shown on Exhibit A, contained in the Approved
Mitigation Plans or the Carlsbad Oaks North Specific Plan, or set forth in the Final Map for the
project, Grantor, its successors and assigns shall not grant additional easements or other interests
in the Property without the prior written authorization of Grantee and third party beneficiaries,
which consent shall not be unreasonably withheld. The grant of additional easements or other
interest in the Property shall not be in direct or potential conflict with the preservation of the
“natural condition” of the Property as defined in Section 1 (b) of this Conservation Easement.
12. Notices. All notices, demands, requests, consents, approvals, or communications
from one party to another shall be personally delivered or sent by facsimile to the persons set
forth below or shall be deemed given five (5) days after deposit in the United States mail,
certified and postage prepaid, return receipt requested, and addressed as follows, or at such other
address as any Party may from time to time specifjr to the other parties in writing:
To Grantor: Carlsbad Oaks North Partners
Mail: P.O. Box 80036, San Diego, CA 92138
Street: 3575 Kenyon Street, San Diego, CA 921 10
Attn: Ted Chang FAX 619-223-2865
To Grantee:
December 2,2004, City of Carlsbad
City of Carlsbad Carlsbad City Clerk’s Office
1200 Carlsbad Village Drive
Carlsbad, California 92008
FAX 760-720-6917
-1 5-
With a copy to:
Executive Director
Center for Natural Lands Management
425 E. Alvarado Street, Suite H
Fallbrook, CA 92028
FAX 760-73 1-7791
Regional Manager
Department of Fish and Game
4949 Viewridge Avenue
San Diego, CA 92123
FAX: 858-467-4299
General Counsel
Department of Fish and Game
Office of the General Counsel
1416 Ninth Street, 12'h Floor
Sacramento, CA 95814-2090
FAX: 916-654-3805
District Counsel
U.S. Army Corps of Engineers
Los Angeles District
9 15 Wilshire Boulevard, Room 153 5
Los Angeles, CA 90017-3401
FAX: 213-452-4217
US Fish and Wildlife Service
60 10 Hidden Valley Road
Carlsbad, CA 92009
FAX 760-43 1-5902
The parties agree to accept facsimile signed documents and agree to rely upon such
documents as if they bore original signatures. Each party agrees to provide to the other parties,
within seventy-two (72) hours after transmission of such a facsimile, the original documents that
bear the original signatures.
13. Amendment. Grantor and Grantee may amend this Conservation Easement only
by mutual written agreement and with the written consent of the third party beneficiaries, which
consent shall not be unreasonably withheld. Any such amendment shall be consistent with the
Purpose of this Conservation Easement and shall not affect its perpetual duration. Any such
amendment shall be recorded in the official records of San Diego County, State of California
14. Recordation. Grantee shall promptly record this instrument in the official records
of San Diego County, California and immediately notify the Grantor and third party beneficiaries
through the mailing of a confirmed copy of the recorded easement.
December 2,2004, City of Carlsbad -16-
15. Estoppel Certificates. Upon request by Grantor, Grantee shall within fifteen (1 5)
days execute and deliver to Grantor any document, including an estoppel certificate, which
certifies, to Grantee’s best knowledge, Grantor’s compliance with any obligation of Grantor
contained in this Conservation Easement and otherwise evidences the status of this Conservation
Easement, to the extent known by Grantee, as may be requested by Grantor.
16. General Provisions.
(a) Taxes; No Liens. Grantor or subsequent transferees shall pay before
delinquency all taxes, assessments, fees, and charges of whatever description levied on or
assessed against the Property by competent authority, including any taxes imposed upon, or
incurred as a result of, this Conservation Easement, and shall furnish Grantee with satisfactory
evidence of payment upon request. Grantor shall keep Grantee’s interest in the Property free
from any liens.
(b) Warranty. Grantor represents and warrants that (1) there are no
outstanding monetary liens or conservation easements senior in priority to this Conservation
Easement Deed, and (2) the Property is not subject to any other encumbrances other than those
of record. Upon the recording of this Conservation Easement, Grantor will obtain title insurance
policies on the Property in an amount equal to the fair market value of the Property for each of
Grantee and Center for Natural Lands Management.
(c) No Forfeiture. Nothing contained herein will result in a forfeiture or
reversion of Grantor’s title in any respect.
(d) Condemnation. The purposes of the Conservation Easement are presumed
to be the best and most necessary public use as defined in Code of Civil Procedure Section
1240.680 notwithstanding Code of Civil Procedure Sections 1240.690 and 1240.700.
Nevertheless, if the Property is taken, in whole or in part, by exercise of the power of eminent
domain, Grantor and Grantee shall be entitled to compensation in accordance with applicable
law.
(e) Termination of Rights and Obligations. A party’s rights and obligations
under this Conservation Easement shall terminate upon transfer of the party’s interest in the
Conservation Easement or Property (respectively), except that liability for acts or omissions
occurring prior to transfer shall survive transfer.
(0 Successors. The covenants, terms, conditions, and restrictions of this
Conservation Easement shall be binding upon, and inure to the benefit of, the parties hereto and
their respective personal representatives, heirs, successors, and assigns and shall continue as a
servitude running in perpetuity with the Property. The covenants hereunder benefiting Grantee
shall also benefit third party beneficiaries.
(g) Controlling Law. The laws of the State of California shall govern the
interpretation and performance of this Conservation Easement. Any subsequent amendment or
repeal of state law or order that authorizes this Conservation Easement shall not affect the rights
conveyed to the Grantee or its successors or assigns.
December 2,2004, City of Carlsbad -17-
-\ (h) Severability. If a court of competent jurisdiction voids or invalidates on
its face any provision of this Conservation Easement, such action shall not affect the remainder
of this Conservation Easement. If a court of competent jurisdiction voids or invalidates the
application of any provision of this Conservation Easement to a person or circumstance, such
action shall not affect the application of the provision to other persons or circumstances.
(9 Liberal Construction. Any general rule of construction to the contrary
notwithstanding, this Conservation Easement shall be liberally construed in favor of the grant to
effect the purposes of this Conservation Easement and the policy and purpose of Civil Code
Section 8 15, et seq. If any provision in this instrument is found to be ambiguous, an
interpretation consistent with the purposes of this Conservation Easement that would render the
provision valid shall be favored over any interpretation that would render it invalid.
ti) convenience of reference and are not a part of this instrument and shall have no effect upon
construction or interpretation.
Captions. The captions in this instrument have been inserted solely for
(k) Exhibits. All Exhibits referred to in this Easement are attached and
incorporated herein by reference.
(1) Entire Ameement. This instrument sets forth the entire agreement of the
parties with respect to the Conservation Easement and supersedes all prior discussions,
negotiations, understandings, or agreements relating to the Conservation Easement, all of which
are merged herein. No alteration or variation of this instrument shall be valid or binding unless
contained in an amendment in accordance with Section 13.
(m) Counterparts. The parties may execute this instrument in two or more
counterparts, which shall, in the aggregate, be signed by Grantor and Grantee; each counterpart
shall be deemed an original instrument as against any party who has signed it. In the event of
any disparity between the counterparts produced, the recorded counterpart shall be controlling.
December 2,2004, City of Carlsbad -18-
IN WITNESS WHEREOF, Grantor has caused this Conservation Easement Deed to be executed
as of the day and year first above written.
AUTHORITY
The individuals executing this Agreement and the instruments referenced in it on behalf of
Grantor each represent and warrant that they have the legal power, right and actual authority to
bind Grantor to the terms and conditions of this Agreement.
GRANTOR
CARLSBAD OAKS NORTH PARTNERS L.P., A California Limited Partnership
*By: SUN TECH INVESTMENTS COW, A California Corporation
Its: General Partner
* "By: d
Paul K. Tchang, President
& Its: General Partner
ZLt-
ent
By :
Theodore Tchang, Vice President
APPROVED AS TO FORM:
By: /h
Assistant City Attorney
RONP
December 2,2004, City of Carlsbad -19-
CALIFORNIA
ALL-PURPOSE
ACKNOWLEDGEMENT
STATE OF CALIFORNIA 1
CoUNTYoF San Diego 1
December 3, 2004 On beforeme, Susan E. Eubank, Notary Public
DATE NAME, TITLE OF OFFICER - E.G., “JANE DOE, NOTARY PUBLIC
personally appeared,
personally known to me (or proved to me on the basis of satisfactory evidence) to
be the person(s) whose name(s) idare 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.
WITNESS my hand and official seal.
(SEAL)
OPTIONAL INFORMATION
TITLE OR TYPE OF DOCUMENT Consexvat- EnnemPnt uii Carlsbad Oaks North Partners, LP and City of DATE OF DOCUMENT NUM~E~~~~FE~GES
SIGNER(S) OTHER THAN NAMED ABOVE
17395 DECEMBER 2, 2004
J.N. 961005
PAGE 1 OF 3
EXHIBIT 'A'
LEGAL DESCRIPTION
PARCEL 'A'
LOT 10 OF CARLSBAD TRACT NO. 97-13-01, ACCORDING TO MAP THEREOF
NO. IqSZl, , IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA RECORDED IN THE OFFICE OF THE COUNTY RECORDER
OF SAN DIEGO COUNTY ON k- ISsL, , 2004 AS DOCUMENT
NO. 4 - II%C=tf
EXCEPTING THEREFROM THE PARCELS DESCRIBED AS FOLLOWS:
PARCEL 'A-1'
BEGINNING AT THE MOST NORTHERLY CORNER OF SAID LOT 10, SAID
CORNER BEING THE COMMON CORNER OF LOT 10, LOT 2 AND THE SOUTHWEST
LINE OF EL FUERTE STREET, ALL OF SAID MAP, SAID CORNER ALSO BEING
ON THE ARC OF A 712-FOOT RADIUS CURVE CONCAVE TO THE NORTHEAST,
THE RADIAL TO SAID CORNER BEARS SOUTH 27O37'47" WEST; THENCE,
ALONG SAID SOUTHWEST LINE, SOUTHEASTERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 3O38'25" A DISTANCE OF 45.24
FEET TO THE TRUE POINT OF BEGINNING, THE RADIAL TO SAID BEGINNING
BEARS SOUTH 2 3 O 5 9 ' 2 2" WEST ; THENCE, CONTINUING ALONG SAID
SOUTHWEST LINE, SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH
A CENTRAL ANGLE OF 1O16'59" A DISTANCE OF 15.94 FEET TO POINT
CURVE, SOUTH 03O33'33" WEST 24.60 FEET; THENCE NORTH 86O26'27"
WEST 15.00 FEET; THENCE NORTH 03O33'33" EAST 30.00 FEET TO THE
TRUE POINT OF BEGINNING.
'A' ; THENCE, LEAVING SAID SOUTHWEST LINE NON-TANGENT TO SAID
PARCEL 'A-2'
BEGINNING AT POINT 'A' AS DESCRIBED IN PARCEL 'A-l', SAID POINT
BEING ON THE SOUTHWEST LINE OF SAID EL FUERTE STEET, SAID POINT
NORTHEAST, THE RADIAL TO SAID POINT BEARS SOUTH 22O42'23" WEST;
THENCE, ALONG SAID SOUTHWEST LINE, SOUTHEASTERLY ALONG THE ARC OF
ALSO BEING ON THE ARC OF A 712-FOOT RADIUS CURVE CONCAVE TO THE
DECEMBER 2, 2004
J.N. 961005
PAGE 2 OF 3
SAID CURVE THROUGH A CENTRAL ANGLE OF 10O34‘43” A DISTANCE OF
131.46 FEET; THENCE SOUTH 77O52‘20” EAST 159.20 FEET TO THE
THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 1O38’57“ A DISTANCE OF 18.08 FEET TO THE TRUE
POINT OF BEGINNING, THE RADIAL TO SAID BEGINNING BEARS NORTH
13 O46‘ 37” EAST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 1O27’54” A DISTANCE OF 16.06 FEET TO
SAID CURVE, SOUTH 06O24’07’’ EAST 24.30 FEET; THENCE SOUTH
83O35’53“ WEST 15.00 FEET; THENCE NORTH 06O24’07” WEST 30.03 FEET
TO THE TRUE POINT OF BEGINNING.
BEGINNING OF A 628-FOOT RADIUS CURVE CONCAVE TO THE SOUTHWEST;
POINT ’B’; THENCE, LEAVING SAID SOUTKWWEST LINE ON-TANGENT TO
PARCEL ’A-3’
BEGINNING AT POINT ‘B’ DESCRIBED IN PARCEL ‘A-2, SAID POINT BEING
ON THE SOUTHWEST LINE OF SAID EL FUERTE STREET, SAID POINT ALSO
BEING ON THE ARC OF A 628-FOOT RADIUS CURVE CONCAVE TO THE
SOUTHWEST, THE RADIAL TO SAID POINT BEARS NORTH 15O14‘31” EAST;
THENCE, ALONG SAID SOUTHWEST LINE, SOUTHEASTERLY ALONG THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF 44’03‘56’’ A DISTANCE OF
482.98 FEET; THENCE SOUTH 30O41’33” EAST 4.28 FEET TO THE TRUE
POINT OF BEGINNING; THENCE SOUTH 30O41‘33” EAST 15.00 FEET TO
POINT ‘C’; THENCE, LEAVING SAID SOUTHWEST LINE, SOUTH 59O18‘27’’
WEST 15.00 FEET; THENCE NORTH 30O41’33” WEST 15.00 FEET; THENCE
NORTH 59O18’27’‘ EAST 15.00 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL ‘A-4‘
BEGINNING AT POINT ‘C’ AS DESCRIBED IN PARCEL ’A-3’, SAID POINT
BEING ON THE SOUTHWEST LINE OF SAID EL FUERTE STREET; THENCE,
ALONG SAID SOUTHWEST LINE, SOUTH 30O41’33” EAST 560.37 FEET TO
NORTHEAST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 3O14’16” A DISTANCE OF 40.24 FEET TO
THE TRUE POINT OF BEGINNING, THE RADIAL LINE TO SAID BEGINNING
BEARS SOUTH 56°04’11” WEST; THENCE SOUTHEASTERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 1O12‘25” A DISTANCE OF 15.00 FEET;
THENCE, LEAVING SAID SOUTHWEST LINE NON-TANGENT TO SAID CURVE,
SOUTH 55O27’58“ WEST 10.04 FEET; THENCE NORTH 34O32‘02” WEST
THE BEGINNING OF A 712-FOOT RADIUS CURVE CONCAVE TO THE
DECEMBER 2, 2004
J.N. 961005
PAGE 3 OF 3
15.00 FEET; THENCE NORTH 55O27'58" EAST 10.04 FEET TO THE TRUE
POINT OF BEGINNING.
O:~Legal~Descriptions\961005\Lot 10.lgl.doc
DECEMBER 7, 2004
J.N. 961005
PAGE 1 OF 7
EXHIBIT ‘A’
LEGAL DESCRIPTION
PARCEL ‘B’
LOT 11 OF CARLSBAD TRACT NO. 97-13-01, ACCORDING TO MAP THEREOF
NO. IC).qZb , IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY ON XG. I5+k , 2004 AS DOCUMENT
NO. 20&- 1\%0-6< .
EXCEPTING THEREFROM THE PARCELS DESCRIBED AS FOLLOWS:
PARCEL ’B-1’
A PARCEL 20 FEET IN WIDTH, LYING 10 FEET ON EACH SIDE OF THE
FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT THE MOST SOUTHERLY
CORNER OF SAID LOT 11, SAID CORNER BEING ON THE NORTHEAST LINE OF
EL FUERTE STREET OF SAID MAP, SAID CORNER ALSO BEING ON A 842-
FOOT RADIUS CURVE CONCAVE TO THE SOUTHWEST, THE RADIAL LINE TO
SAID CORNER BEARS NORTH 74°04’46‘r EAST; THENCE, ALONG SAID
NORTHEAST LINE, NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH
A CENTRAL ANGLE OF 24O19’01“ A DISTANCE OF 357.35 FEET; THENCE
RADIUS CURVE CONCAVE TO THE NORTHEAST; THENCE NORTHWESTERLY ALONG
SAID CURVE THROUGH A CENTRAL ANGLE OF 9O32’42“ A DISTANCE OF
104.62 FEET; THENCE NORTH 30O41‘33” WEST 579.65 FEET TO THE
BEGINNING OF A 712-FOOT RADIUS CURVE CONCAVE TO THE SOUTHWEST;
THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 21O46‘08” A DISTANCE OF 270.52 FEET TO POINT
‘E’, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; THENCE,
NORTH 40°14‘15“ WEST 148.62 FEET TO THE BEGINNING OF A 628-FOOT
LEAVING SAID NORTHEAST LINE NON-TANGENT TO SAID CURVE, NORTH
50O50’57” EAST 151.79 FEET TO THE BEGINNING OF A 300-FOOT RADIUS
CURVE CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG THE ARC
OF SAID CURVE THROUGH A CENTRAL ANGLE OF 16O00’34” A DISTANCE OF
83.83 FEET; THENCE NORTH 66O51’31” EAST 33.09 FEET; THENCE SOUTH
84O33‘18” EAST 125.13 FEET; THENCE NORTH 51O07‘09” EAST 329.33
SOUTHEAST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 23O49’37” A DISTANCE OF 124.76 FEET;
THENCE NORTH 74O56‘46” EAST 18.73 FEET; THENCE NORTH 88O18’39”
FEET TO THE BEGINNING OF A 300-FOOT RADIUS CURVE CONCAVE TO THE
EAST 127.94 FEET TO THE BEGINNING OF A 300-FOOT RADIUS CURVE
17399
DECEMBER 7, 2004
J.N. 961005
PAGE 2 OF 7
CONCAVE NORTHERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 4O16’24” A DISTANCE OF 22.38 FEET;
THENCE NORTH 84O02‘15‘’ EAST 271.43 FEET TO THE BEGINNING OF A
SAID BEGINNING BEARS SOUTH 05O57‘45” EAST; THENCE NORTHEASTERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 4O55’10” A
DISTANCE OF 25.76 FEET; THENCE NORTH 79OO7’05’’ EAST 128.53 FEET
TO THE BEGINNING OF A 300-FOOT RADIUS CURVE CONCAVE
SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 7O52’15” A DISTANCE OF 41.21 FEET;
THENCE NORTH 86O59’20‘‘ EAST 134.87 FEET TO THE BEGINNING OF A
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 4O52‘01“ A
DISTANCE OF 25.48 FEET; THENCE NORTH 82OO7‘19’’ EAST 254.66 FEET
TO POINT IF’, SAID POINT ALSO BEING THE POINT OF TERMINUS.
300-FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, THE RADIAL LINE TO
300-FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE EASTERLY ALONG
PARCEL ‘B-2’
A PARCEL 30 FEET IN WIDTH, LYING 15 FEET ON EACH SIDE OF THE
FOLLOWING DECRIBED CENTERLINE: BEGINNING AT POINT ‘F’ DESCRIBED
IN PARCEL ’B-1’; THENCE SOUTH 57’34’59“ EAST 77.88 FEET TO THE
BEGINNING OF A 297-FOOT RADIUS CURVE CONCAVE NORTHEASTERLY;
THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 4O26’19’’ A DISTANCE OF 23.01 FEET; THENCE SOUTH
CURVE CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG THE ARC
OF SAID CURVE THROUGH A CENTRAL ANGLE OF 15O35’32“ A DISTANCE OF
80.82 FEET; THENCE SOUTH 77O36‘50” EAST 103.85 FEET; THENCE SOUTH
55O41’43” EAST 237.30 FEET; THENCE SOUTH 38O20’27‘‘ EAST 126.74
FEET TO THE BEGINNING OF A NON-TANGENT 297-FOOT RADIUS CURVE
CONCAVE NORTHEASTERLY, THE RADIAL LINE TO SAID BEGINNING BEARS
SOUTH 51O39’34” WEST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 12’55‘36” A DISTANCE OF 67.01
FEET; THENCE SOUTH 5l016’O1‘’ EAST 80.13 FEET TO POINT ‘G‘; THENCE
RADIUS CURVE CONCAVE SOUTHERLY; THENCE EASTERLY ALONG THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF 25OO3‘53’’ A DISTANCE OF
131.24 FEET; THENCE SOUTH 88O56’29‘’ EAST 57.85 FEET; THENCE NORTH
44O57’50” EAST 115.64 FEET; THENCE SOUTH 45O02’10“ EAST 34.32
FEET TO THE EAST LINE OF SAID LOT 11.
62O01‘18” EAST 50.14 FEET TO THE BEGINNING OF A 297-FOOT RADIUS
NORTH 65’59‘38’’ EAST 30.71 FEET TO THE BEGINNING OF A 300-FOOT
17400
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J.N. 961005
PAGE 3 OF 7
PARCEL 'B-3'
A PARCEL 12 FEET IN WIDTH, LYING 6 FEET ON EACH SIDE OF THE
FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT POINT 'G' DESCRIBED
IN PARCEL 'B-2'; THENCE SOUTH 65O59'38" WEST 6.06 FEET TO THE
TRUE POINT OF BEGINNING; THENCE SOUTH 44O07'36" EAST 29.21 FEET
WESTERLY, A RADIAL LINE TO SAID BEGINNING BEARS NORTH 51O15'37"
EAST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 84O39'00" A DISTANCE OF 84.42 FEET TO THE
BEGINNING OF A COMPOUND 28.68 FOOT RADIUS CURVE CONCAVE
NORTHWESTERLY, A RADIAL LINE TO SAID BEGINNING BEARS SOUTH
44O05'23" EAST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 29O45'41" A DISTANCE OF 14.90 FEET TO
THE BEGINNING OF A NON-TANGENT 61.61 FOOT RADIUS CURVE CONCAVE
SOUTHEASTERLY, A RADIAL LINE TO SAID BEGINNING BEARS NORTH
27O49' 59" WEST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 55O22'24" A DISTANCE OF 59.54 FEET TO
THE BEGINNING OF A NON-TANGENT 195.78-FOOT RADIUS CURVE CONCAVE
NORTHWESTERLY, A RADIAL LINE TO SAID BEGINNING BEARS SOUTH
73O15'26" EAST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 32O00'33" A DISTANCE OF 109.38 FEET TO
EASTERLY, A RADIAL LINE TO SAID BEGINNING BEARS NORTH 28O46'35"
WEST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 99O17'01" A DISTANCE OF 78.39 FEET; THENCE SOUTH
38O03'36" EAST 433.42 FEET; THENCE SOUTH 32O41'11" EAST 57.20
FEET TO THE BEGINNING OF A 80-FOOT RADIUS CURVE CONCAVE
NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 29O38'26" A DISTANCE OF 41.39 FEET;
THENCE SOUTH 62O19'37" EAST 56.92 FEET TO THE BEGINNING OF A
28.88-FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE
SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE
OF 42O52'43" A DISTANCE OF 21.61 FEET TO THE BEGINNING OF A
LINE TO SAID CURVE BEARS SOUTH 70O33'06" WEST; THENCE
SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE
OF 38O31'49" A DISTANCE OF 30.72 FEET; THENCE SOUTH 57O58'43"
EAST 17.95 FEET TO THE BEGINNING OF A 19-FOOT RADIUS CURVE
CONCAVE NORTHERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 49O31'06" A DISTANCE OF 16.42 FEET;
THENCE NORTH 72O30'11" EAST 12.21 FEET TO THE BEGINNING OF A
TO THE BEGINNING OF A NON-TANGENT 57.14-FOOT RADIUS CURVE CONCAVE
THE BEGINNING OF A NON-TANGENT 45.24-FOOT RADIUS CURVE CONCAVE
REVERSE 45.68-FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, A RADIAL
49.07-FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE EASTERLY ALONG
17401
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PAGE 4 OF 7
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 17O01'36" A
DISTANCE OF 14.58 FEET TO THE EAST LINE OF SAID LOT 11.
PARCEL 'B-4'
A PARCEL 20 FEET IN WIDTH, LYING 10 FEET ON EACH SIDE OF THE
FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT POINT 'E' AS
DESCRIBED IN PARCEL 'B-1', SAID POINT BEING ON THE NORTHEAST LINE
OF EL FUERTE STREET OF SAID MAP, SAID POINT ALSO BEING ON A 712-
FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY, A RADIAL LINE TO SAID
POINT BEARS NORTH 37O32'19" EAST; THENCE, ALONG SAID NORTHEAST
LINE, NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 10O31'44" A DISTANCE OF 130.84 FEET TO POINT 'H', SAID
POINT BEING THE TRUE POINT OF BEGINNING, SAID POINT ALSO BEING A
RADIAL LINE TO SAID POINT BEARS NORTH 03O55'11" WEST; THENCE,
LEAVING SAID NORTHEAST LINE, EASTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 18O36'08" A DISTANCE OF 22.73 FEET TO
POINT ON A NON-TANGENT 70-FOOT RADIUS CURVE CONCAVE SOUTHERLY, A
THE BEGINNING OF A COMPOUND 490-FOOT RADIUS CURVE CONCAVE
SOUTHWESTERLY, A RADIAL LINE TO SAID CURVE BEARS NORTH 14'40'57''
EAST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 12O21'38" AN ARC DISTANCE OF 105.71 FEET; THENCE
SOUTH 62O57'25" EAST 18.14 FEET TO THE POINT OF TERMINUS.
PARCEL 'B-5'
BEGINNING AT POINT 'H' DESCRIBED IN PARCEL 'B-4', SAID POINT
BEING ON THE NORTHEAST LINE OF EL FUERTE STREET OF SAID MAP, SAID
POINT ALSO BEING ON A 712-FOOT RADIUS CURVE CONCAVE
SOUTHWESTERLY, THE RADIAL TO SAID POINT BEARS NORTH 27O00'35"
EAST; THENCE, ALONG SAID NORTHEAST LINE, NORTHWESTERLY ALONG THE
ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 14O52'55" A DISTANCE
OF 184.93 FEET; THENCE NORTH 77O52'20" WEST 159.20 FEET TO THE
BEGINNING OF A 628-FOOT RADIUS CURVE CONCAVE NORTHEASTERLY;
THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 13O35'36" A DISTANCE OF 148.99 FEET TO THE TRUE
POINT OF BEGINNING; THENCE NORTHWESTERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 12O15'50" A DISTANCE OF 134.42
FEET TO THE SOUTH CORNER OF LOT 9 OF SAID MAP; THENCE, ALONG THE
EAST LINE OF SAID LOT 9 LEAVING SAID NORTHEAST LINE NON-TANGENT
TO SAID CURVE, NORTH 24O44'47" EAST 30.26 FEET; THENCE NORTH
DECEMBER 7, 2004
J.N. 961005
PAGE 5 OF 7
13'31'35'' WEST 108.00 FEET; THENCE NORTH 29'33'47'' WEST 55.78
FEET; THENCE NORTH 45°01'35'' WEST 48.51 FEET; THENCE NORTH
53O30'41" WEST 22.64 FEET; THENCE, LEAVING THE EAST LINE OF SAID
LOT 9, NORTH 36O29'19" EAST 134.64 FEET TO POINT '1'; THENCE
SOUTH 53O30'41" EAST 64.33 FEET; THENCE SOUTH 39'55'30'' EAST
126.60 FEET; THENCE SOUTH 1OO49'38'' EAST 132.35 FEET; THENCE
SOUTH 48O58'45" EAST 27.33 FEET; THENCE SOUTH 22O38'00" WEST
134.92 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL 'B-6'
BEGINNING AT POINT 'I' DESCRIBED IN PARCEL 'B-5'' SAID POINT
BEING ON THE EAST LINE OF LOT 9 OF SAID MAP; THENCE, ALONG SAID
EAST LINE, NORTH 53O30'41" WEST 38.99 FEET; THENCE NORTH
74O13'08" WEST 93.51 FEET; THENCE SOUTH 46O32'29" WEST 33.51 FEET
TO THE NORTHEAST LINE OF EL FUERTE STREET OF SAID MAP; THENCE,
LEAVING THE EAST LINE OF SAID LOT 9 ALONG SAID NORTHEAST LINE,
NORTH 41°21'10" WEST 167.84 FEET TO THE TRUE POINT OF BEGINNING;
THENCE NORTH 41'21' 10" WEST 9.10 FEET TO THE BEGINNING OF A 25-
FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE NORTHERLY ALONG THE
ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 105°01'18" A
DISTANCE OF 45.82 FEET TO THE BEGINNING OF A COMPOUND 1208-FOOT
RADIUS CURVE CONCAVE SOUTHEASTERLY, A RADIAL LINE TO SAID POINT
BEARS NORTH 26O19'52" WEST, SAID BEGINNING BEING ON THE SOUTHRLY
LINE OF FARADAY AVENUE OF SAID MAP; THENCE, ALONG SAID SOUTHERLY
LINE, NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 13°35'00" A DISTANCE OF 286.39 FEET TO POINT 'J';
SOUTH 35O56'10" EAST 100.31 FEET; THENCE NORTH 87O05'18" WEST
28.38 FEET; THENCE SOUTH 02O54'42" WEST 30.00 FEET; THENCE NORTH
87O05'18" WEST 51.29 FEET; THENCE SOUTH 73O45'17" WEST 19.80
FEET; THENCE NORTH 16°"'43'' WEST 38.39 FEET; THENCE SOUTH
80O35'41" WEST 180.47 FEET; THENCE SOUTH 48O38'50" WEST 54.51
FEET TO THE TRUE POINT OF BEGINNING.
THENCE, LEAVING SAID SOUTHERLY LINE NON-TANGENT TO SAID CURVE,
PARCEL 'B-7'
BEGINNING AT POINT 'J' DESCRIBED IN PARCEL 'B-6', SAID POINT
BEING ON THE SOUTHERLY LINE OF FARADAY AVENUE OF SAID MAP, SAID
POINT ALSO BEING ON A 1208-FOOT RADIUS CURVE CONCAVE TO THE
SOUTH, THE RADIAL TO SAID POINT BEARS NORTH 12O44'52" WEST;
THENCE, ALONG SAID SOUTHERLY LINE, EASTERLY ALONG THE ARC OF SAID
DECEMBER 7, 2004
J.N. 961005
PAGE 6 OF 7
CURVE THROUGH A CENTRAL ANGLE OF 1O11'21" A DISTANCE OF 25.07
FEET; THENCE NORTH 78O26'29" EAST 229.52 FEET TO THE TRUE POINT
OF BEGINNING; THENCE NORTH 78O26'29" EAST 50.00 TO POINT 'K';
THENCE, LEAVING SAID SOUTHERLY LINE, SOUTH 11O33'31" EAST 85.00
FEET; THENCE SOUTH 78O26'29" WEST 50.00 FEET; THENCE NORTH
11O33'31" WEST 85.00 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL 'B-8'
BEGINNING AT POINT 'K' DESCRIBED IN PARCEL 'B-7', SAID POINT
BEING ON THE SOUTHERLY LINE OF FARADAY AVENUE OF SAID MAP; THENCE
EASTERLY ALONG SAID SOUTHERLY LINE, NORTH 78O26 ' 29" EAST 430.54
FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 78O26'29" EAST
124.35 FEET TO THE BEGINNING OF A 628-FOOT RADIUS CURVE CONCAVE
SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 1O34'59" A DISTANCE OF 17.35 FEET;
THENCE, LEAVING SAID SOUTHERLY LINE NON-TANGENT TO SAID CURVE,
SOUTH 09O58'32" EAST 15.02 FEET; THENCE SOUTH 52O50'16" EAST
225.08 FEET; THENCE SOUTH 23O48'14" WEST 181.30 FEET; THENCE
NORTH 53O18'16" WEST 105.35 FEET; THENCE SOUTH 41O19'12" WEST
88.21 FEET; THENCE NORTH 48O40'48" WEST 20.00 FEET; THENCE NORTH
41O19'12" EAST 86.60 FEET; THENCE NORTH 53O18'16" WEST 212.27
FEET; THENCE NORTH 14O54'59" EAST 89.71 FEET TO THE TRUE POINT OF
BEGINNING.
PARCEL 'B-9'
BEGINNING AT THE INTERSECTION OF WHIPTAIL LOOP AND FARADAY AVENUE
CURVE CONCAVE TO THE SOUTH; THENCE RADIALLY TO SAID CURVE, SOUTH
15O29'59" EAST 42.00 FEET TO THE SOUTH LINE OF SAID FARADAY
RADIUS CURVE CONCAVE TO THE SOUTH, THE RADIAL TO SAID POINT BEARS
NORTH 15O29'59" WEST; THENCE, ALONG SAID SOUTH LINE, WESTERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 2O56'56" A
DISTANCE OF 32.32 FEET TO THE TRUE POINT OF BEGINNING; THENCE,
OF SAID MAP, SAID INTERSECTION POINT BEING ON A 670-FOOT RADIUS
AVENUE, SAID POINT BEING ON THE ARC OF A NON-TANGENT 628.00 FOOT
LEAVING SAID SOUTH LINE NON-TANGENT TO SAID CURVE, SOUTH
26O50'37" WEST 40.81 FEET TO THE BEGINNING OF A NON-TANGENT 600-
FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A RADIAL LINE TO SAID
POINT BEARS NORTH 21O13'09" WEST; THENCE SOUTHWESTERLY ALONG THE
ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 2O36'29" A DISTANCE
OF 27.31 FEET; THENCE, NON-TANGENT TO SAID CURVE, NORTH 71O04'36"
DECEMBER 7, 2004
J.N. 961005
PAGE 7 OF 7
WEST 26.81 FEET; THENCE SOUTH 82O12'51" WEST 28.97 FEET TO A
POINT ON THE SOUTH LINE OF SAID FARADAY AVENUE, SAID POINT BEING
THE RADIAL TO SAID CURVE BEARS NORTH 28O10'03" WEST; THENCE,
ALONG SAID SOUTH LINE, EASTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 9O43'08" A DISTANCE OF 106.53 FEET TO
THE TRUE POINT OF BEGINNING.
ON A NON-TANGENT 628.00 FOOT RADIUS CURVE CONCAVE TO THE SOUTH,
PARCEL 'B-10'
BEGINNING AT NORTHWEST CORNER OF SAID LOT 11, THENCE, ALONG THE
EAST LINE OF SAID LOT 11, SOUTH 02°40'01" EAST 124.02 FEET;
THENCE, LEAVING SAID EAST LINE, SOUTH 66O09'50" WEST 264.42 FEET;
THENCE SOUTH 11O53'56" WEST 75.57 FEET; THENCE NORTH 78O06'04"
WEST 20.00 FEET; THENCE NORTH 11O53'56" EAST 75.57 FEET; THENCE
NORTH 47O15'34" WEST 157.68 FEET TO A POINT ON THE SOUTH LINE OF
FARADAY AVENUE OF SAID MAP, SAID POINT BEING ON A NON-TANGENT
628.00 FOOT RADIUS CURVE CONCAVE TO THE SOUTH, THE RADIAL TO SAID
POINT BEARS NORTH 35O48'34" WEST; THENCE, ALONG SAID SOUTH LINE,
EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
33O06'41" A DISTANCE OF 362.92 FEET, THENCE NORTH 87O18'07" 33.64
FEET TO THE POINT OF BEGINNING.
O:\Legal-Descriptions\961005\Lot 1l.lgl.doc
DECEMBER 7, 2004
J.N. 961005
PAGE 1 OF 3
EXHIBIT 'A'
LEGAL DESCRIPTION
PARCEL 'C'
LOT 12 OF CARLSBAD TRACT NO. 97-13-01, ACCORDING TO MAP THEREOF
NO. I94 ZL , IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIARECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON k. IStk , 2004 AS DOCUMENT
NO. -9- ll%OO~<
EXCEPTING THEREFROM THE PARCELS DESCRIBED AS FOLLOWS:
PARCEL 'C-1'
BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID LOT 12, SAID
CORNER BEING THE COMMON CORNER TO LOTS 1, 12 AND THE NORTH LINE
OF FARADAY AVENUE ALL OF SAID MAP; THENCE, ALONG THE EAST LINE OF
SAID LOT 1, NORTH 79O44'53" WEST 26.10 FEET; THENCE NORTH
40O48'32" WEST 62.79 FEET; THENCE NORTH 14O10'58" WEST 42.40
FEET; THENCE, LEAVING THE EAST LINE OF SAID LOT 1, NORTH
41O21'08" EAST 83.38 FEET; THENCE NORTH 84O07'41" EAST 110.67
FEET; THENCE SOUTH 28O26'17" EAST 87.46 FEET; THENCE SOUTH
76O07'56" EAST 44.01 FEET TO A POINT ON THE NORTH LINE OF SAID
FARADAY AVENUE, SAID POINT BEING DESIGNATED AS POINT 'M', SAID
POINT ALSO BEING ON A NON-TANGENT 1292-FOOT RADIUS CURVE CONCAVE
SOUTHEASTERLY, THE RADIAL LINE TO SAID POINT BEARS NORTH
2 0 O 3 5 ' 5 1" WEST ; THENCE, ALONG SAID NORTH LINE, SOUTHWESTERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 8"25'59" A
DISTANCE OF 190.16 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL 'C-2'
BEGINNING AT POINT 'M' AS DESCRIBED IN PARCEL 'C-l', SAID POINT
BEING ON THE NORTH LINE OF SAID FARADAY AVENUE, SAID POINT ALSO
BEING ON A 1292-FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, THE
RADIAL TO SAID POINT BEARS NORTH 20O35'51" WEST; THENCE, ALONG
SAID NORTH LINE, NORTHEASTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 4O50'21" A DISTANCE OF 109.12 FEET TO
THE TRUE POINT OF BEGINNING; THENCE, LEAVING SAID NORTH LINE NON-
TANGENT TO SAID CURVE, NORTH 35" 56' 10" WEST 103.33 FEET; THENCE
DECEMBER 7, 2004
J.N. 961005
PAGE 2 OF 3
NORTH 54'03'50" EAST 30.00 FEET; THENCE SOUTH 35'56'10" EAST
114.78 FEET TO A POINT ON THE NORTH LINE OF SAID FARADAY AVENUE,
SAID POINT BEING DESIGNATED AS POINT 'N', SAID POINT ALSO BEING
THE RADIAL LINE TO SAID POINT BEARS NORTH 14"20'03" WEST; THENCE,
ALONG SAID NORTH LINE, SOUTHWESTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 1'25' 27" A DISTANCE OF 32.11 FEET TO
THE POINT OF BEGINNING.
ON A NON-TANGENT 1292-FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY,
PARCEL 'C-3'
BEGINNING AT POINT 'N' AS DESCRIBED IN PARCEL 'C-2', SAID POINT
BEING ON THE NORTH LINE OF SAID FARADAY AVENUE, SAID POINT ALSO
BEING ON A 1292 FOOT RADIUS CURVE CONCAVE TO THE SOUTHEAST, THE
RADIAL TO SAID POINT BEARS NORTH 14'20'03" WEST; THENCE, ALONG
SAID NORTH LINE, EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 2'46'32'' A DISTANCE OF 62.59 FEET; THENCE NORTH
78'26'29" EAST 229.52 FEET TO THE TRUE POINT OF BEGINNING;
THENCE, LEAVING SAID NORTH LINE, NORTH 11'33'31" WEST 65.00 FEET;
THENCE NORTH 78'26'29" EAST 50.00 FEET; THENCE SOUTH 11'33'31"
WEST 65.00 FEET TO A POINT ON THE NORTH LINE OF SAID FARADAY
AVENUE; THENCE, ALONG SAID NORTH LINE, SOUTH 78'26'29" WEST 50.00
FEET TO THE TRUE POINT OF BEGINNING.
PARCEL 'C-4'
BEGINNING AT THE NORTHWEST CORNER OF LOT 3 OF SAID MAP; THENCE,
ALONG THE LOT LINE OF SAID LOT 12, SOUTH 85O29'23" WEST 251.74
FEET; THENCE SOUTH 82O04'13" WEST 213.60 FEET; THENCE SOUTH
CURVE CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY ALONG THE ARC
OF SAID CURVE THROUGH A CENTRAL ANGLE OF 45O47'04" A DISTANCE OF
CURVE CONCAVE NORTHEASTERLY, THE RADIAL LINE TO SAID POINT BEARS
SOUTH 45°30'07" WEST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 44O15'12" A DISTANCE OF 203.87
FEET; THENCE NORTH OOO14'41" WEST 240.75 FEET; THENCE NORTH
44O08'29" WEST 64.43 FEET TO THE TRUE POINT OF BEGINNING; THENCE,
LEAVING SAID LOT LINE, SOUTH 20O53'25" WEST 98.77 FEET; THENCE
NORTH 69'06'35" WEST 50.00 FEET; THENCE NORTH 20'53'25" EAST
122.05 FEET TO A POINT ON THE LOT LINE OF SAID LOT 12, SAID POINT
89O43'03" WEST 175.64 FEET TO THE BEGINNING OF A 365-FOOT RADIUS
291.67 FEET TO THE BEGINNING OF A COMPOUND 263.95-FOOT RADIUS
DECEMBER 7, 2004
J.N. 961005
PAGE 3 OF 3
BEING DESIGNATED AS POINT '0'; THENCE, ALONG SAID LOT LINE, SOUTH
44'08'29'' EAST 55.15 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL 'C-5'
BEGINNING AT POINT '0' AS DESCRIBED IN PARCEL 'C-4', SAID POINT
BEING ON THE LOT LINE OF SAID LOT 12; THENCE, ALONG THE LOT LINE
OF SAID LOT 12, NORTH 44'08'29'' WEST 25.15 FEET; THENCE NORTH
19O31'49" WEST 131.99 FEET; THENCE NORTH 05O21'05" EAST 57.20
FEET; THENCE NORTH 34O27'58" EAST 197.57 FEET; THENCE NORTH
59O57'40" EAST 70.09 FEET; THENCE SOUTH 79O15'22" EAST 175.81
FEET; THENCE SOUTH 51O37'17" EAST 154.72 FEET TO THE BEGINNING OF
A 183.02-FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE
SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE
OF 44°04'10" A DISTANCE OF 140.77 FEET TO THE TRUE POINT OF
CURVE, NORTH 01'12'27'' EAST 154.80 FEET; THENCE SOUTH 88'47'33''
EAST 50.00 FEET; THENCE SOUTH 01'12'27" WEST 145.31 FEET TO A
POINT ON THE LOT LINE OF SAID LOT 12, SAID POINT BEING ON A NON-
TANGENT 171.06-FOOT RADIUS CURVE CONCAVE SOUTHERLY, THE RADIAL
LINE TO SAID POINT BEARS NORTH 05O08'33" WEST; THENCE, ALONG SAID
LOT LINE, WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 8'31'33'' A DISTANCE OF 25.45 FEET TO THE BEGINNING OF A
LINE TO SAID POINT BEARS SOUTH 13'40'06" EAST; THENCE WESTERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 7O58'39" A
DISTANCE OF 25.48 FEET TO THE TRUE POINT OF BEGINNING.
BEGINNING; THENCE, LEAVING SAID LOT LINE NON-TANGENT TO SAID
REVERSE 183.02-FOOT RADIUS CURVE CONCAVE NORTHERLY, THE RADIAL
O:\Legal~Descriptions\961005\Lot 1O.lgl.doc
EASEMENT TABLE
A
6 €A.SWLNT - F')P 73-256727
EA.SW..T - BURVA HNlZ4J7OV DlSRlCT - FP 229636
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LRAINAE FA.SW.EVT - ow CDC CARLSAD - FP 8z-r7r547 ms~ucm LASEMEW - CARLSAD PARAVERS - FP iggr-orom5
~ € DRAINAE €ASW€NT - C/Ty bF CARLSAD - MAP XXXXX
APPLICANT:
YRLS&4D 046 NORTH PTNRS, L.P. ?O. BOX 8W6 iw m-m, a 92138 w (619) zz3-rtw
0.brtU CONSULT NTS
SHT. r OF 7 SHT. EXHIBIT "B"
A.P.N. nMOw 0. G;IIRROLL 209-050-04 L.S. 7700 mrz/3r/i z09-050-2r-z4
2710 Loku Amue West Clvl Enphurhp %It. loo Planning calabad, CdHmlo 92ooc) Rawwing 760-931 -7700 Sumvlnrr ._ Fax: 760-931-8680 m.oda@onultantm.am
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SESHELT No. 4
0' 200' 400' 800'
100'
SCALE: 1" = 400'
-. - ?O. BOX 80636 A.P.N. w DIEM# a 9zr38 nMo7Hyo. CARROU 209-050-04 H (619) zz-r663 L.S. 77m cwrz/~r/04 zog-mo-zr-z4
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efs 9605asmap. 9605AMAP
0' 200' 400' 800'
100'
SCALE: 1" = 400'
wm a4Ks NoR7H "RS, L.P. :O. BOX 80036 A.P.N. t4N DEW, a 921M nMoW O. c4RRou 209-050-04
1y. (619) 223-1663 LS 7700 €W.12/31/04 209-050-2 1-24
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Xrefs: 9605osmap; 9605AhAP
17412 I I I I I I 1 I I
0' 200' 400' 800'
100'
SCAUE: 1" = 400'
Wm a4K5 NtWW PTNRS LE 10. BOX go036 A.P.N. w ME^, a 9213% nMOw0. CwW 209-050-04 N (619) 223-166~ LS no0 txp.rz/~~/i z09-050-2r~z4
,961005\9605ROAKS dwg Dec 07, 2004 1 08pm
?fs 9605osmop. 9605AMAP
0' loo' 200' 400'
50'
SCALE: 1" = 200'
I C 0 N S U L T6 N T S No. 7700
APPLICANT: mw a4Ks NoRm P7NRs, LR !O. BOX 8W36 A.P.N. #v N€W, a 92138 7zMOTHYo. ClwROu 209-050-04 H (619) 223-16tu LS 7700 Lxp.12/31/04 209-050-21-24
APPROVED BY:
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Xrefs: 960k1osmap; 9605AhAP
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.O. BOX 80056 & DEii C4 921.W nwwo. G4RM
LS 77m mr2/31/04
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A.P.N. 209-050-04 209-050-21~24
\ \ \ \ \ \
/ / / 1
0' 100' 200' 400'
50'
SCALE 1" = 200'
CERTIFICATION FOR ACCEPTANCE OF DEED
This is to certify that the interest in real property conveyed by the DEED OR GRANT
dated December 2.2004, from Carlsbad Oaks North Partners L.P., to the City of Carlsbad,
California, a municipal corporation, is hereby accepted by the City Council of the City of
Carlsbad, California, pursuant to Resolution No. 2004-341, adopted on October 26,2004, and the
grantee consents to the recordation thereof by its duly authorized officer.
DATED: December 13,2004
(
KAMN KIJIkdZ , etant City Clerk