HomeMy WebLinkAboutCT 85-09; California Pacific Homes; 1997-0174966; Petition & Waiver-a / RECORDING REQUESTE~BY AND WJL $$ jJy~=~J‘y$q1
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CITY OF CARLSBAD OFFICIAL RECORD53 ShN DIE% TOUMTY RECflRDER’S OFFIC ‘BEE:j?RY SilfiMI c!?tJtm RECORDER RF: 23.00 FEES: A:: 37.90 w E 1.00
WHEN RECORDED MAIL TO:
City Clerk
1200 Carlsbad Village Drive
Carlsbad, CA 92008
Space Above This Line for Recorder’s Use
PETITION, WAIVER AND CONSENT TO
CREATION OF A COMMUNITY FACILITIES DISTRICT,
AGREEMENT TO PAY FAIR SHARE, AND
RELEASE OF PRIOR OBLIGATION
(AGREEMENT)
WHEREAS, the undersigned, California Pacific Homes, (“Property Owner”)
processing, or has processed, for development with the City of Carlsbad (hereinafter referred
as “City”) a development project known and identified as Tentative Tract Map CT 85-
(hereinafter referred to as the “Project”); and
WHEREAS, the legal description for the Project is shown on Exhibit “B” attachc
hereto; and,
WHEREAS, City has determined this Project is located within the boundaries of
proposed Community Facilities District known as Community Facilities District No. 2
Rancho Santa Fe and Olivenhain Road (hereinafter referred to as “District”); and,
WHEREAS, District is intended to be formed to finance those improvements general’
described in Section 1 herein and in the amount set forth in the Improvements Budget attache
hereto marked Exhibit “C” (hereinafter “Improvements Budget”); and,
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-v w 7 WHEREAS, Property Owner voluntarily enters into ths agreement with respect to t
Project; and,
WHEREAS, the City Council has determined that due to the size of the propos
development, there will be no major impact on the circulation system at the present time
development of the Project is allowed to proceed with sufficient financial guarantees for fh
construction of Property Owner’s fair share of the circulation improvements;
NOW, THEREFORE, in consideration of proceeding with the processing of Projec
the undersigned Property Owner and City hereby agree and certify to the following:
1. Property Owner hereby petitions the City for the initiation of the proceedin:
for the formation of District which will cause the construction and installation and/or financii
of the following improvements (hereinafter “Improvements”) which are generally described
follows:
a) Rancho Santa Fe Road North Phase 1 (RSF No.1) La Costa Avenue 1
east of Mahr Reservoir.
b) Olivenhain Road Widening, and intersection improvements
Olivenhain and El Camino Real.
c) Rancho Santa Fe Road North Phase 2 (RSF No.2) Phase 1 End 1
Melrose Drive.
d) Rancho Santa Fe Road South (RSF So.) (Assumes Secondary Arteri;
Standard - Encinitas City Boundary to Olivenhain Road Full Improvements).
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d) Payment by Property Owner of its fair share of all costs as deten
by City Council and set forth herein will satisfy its obligations for the construction (
Improvements described in Section 1, as required by the Tentative Map for the Project a
condition applies to the Project, subject to adjustment as described in Section 10 herein.
e) Alternatively, if the District is formed and Project is included wit1
Property Owner’s obligations to pay its fair share pursuant to this agreement shall be sat
upon payment of all taxes imposed, established and payable to said District.
5. Property Owner acknowledges that this agreement to pay its fair shart
participate in the financing of improvements is voluntary and that without this agree
Property Owner would be precluded fkom obtaining final map approvals or building and
development permits under the provisions of the General Plan, Chapter 21.90 of the Car
Municipal Code, applicable zone plan, financing plans and related documents permits 1
the provisions of the General Plan, Chapter 21.90 of the Carlsbad Municipal Code, appli
zone plan, financing plans and related documents until a satisfactory financing progran
been developed to fund the construction of the Improvements described in Section 1.
6. Property owner hereby waives his right to challenge the amount, establish
or imposition of said fair share and further waives any rights to pay said fair share L
protest.
7. This agreement does not affect, in any way whatsoever, the obligatio
Property Owner to pay any other fees or assessments associated with Property Ow
development and/or to post improvement bonds as required by the City Engineer. Nor
0 e this agreement relieve Property owner from providing other public facilities required
conditions placed upon the Project by the applicable tentative map conditions.
8. Property Owner agrees that payment of its fair share is not a fee and waivc
and all rights to notice of or challenges to the establishment or imposition of said fair shar
fee under provisions of Government Code section 66000 et sea., or any successor or r
statutes.
9 a) The City and Property Owner hereby agree that this agreement supersede
prior written agreement between the City and Property Owner concerning Property On
fair share obligation for the Project covered by this Agreement (“Prior Agreement”), if an)
b) The City acknowledges that, prior to December 10, 1996, the unders
Property Owner had paid to the city excess fair share payments totaling $3 10,080 (102 si
family units times $3,040 per unit) (the “Excess Fair Share Payments”) pursuant tl
following Prior Agreement between the City and Property Owner covering the Prc
developed by Property Owner in Carlsbad: Petition, Waiver and Consent to Creation
Community Facilities District and Agreement to Pay Fair Share dated March 19,
(covering Tentative Tract Map CT 85-15);
c) City hereby agrees to refund to Property Owner, by check, the total amou
Excess Fair Share Payments.
a 0
10) a) If the District is formed subsequent to the payment by Property (
of the fair share pursuant to this agreement, Property Owner’s financial obligation sh
recalculated using the taxing formula established for the District for the Improve
described in Paragraph 1. If that obligation is lower than the amount previously p
provided by Property Owner to City, City shall additionally refund any newly calc
excess, in the manner described below.
b) Any refund shall be made from funds available within Dishct upon D
formation and shall not be an obligation of city’s General Fund or other revenue sources.
c) In the event that insufficient funds are available from District’s resol
Property Owner shall be reimbursed in the order in which funds were deposited with C
soon as sufficient funds become available, as determined by the City Council, throug
payment of one-time taxes or annual undeveloped land taxes to the District. The city i
required to establish an undeveloped land tax within the District to provide such refund.
d) No reimbursement is required until the City Council determines that suffi
funds are available. Any refund to Property Owner shall not include interest.
e) Any payment received by the City under this or similar agreements with I
parties shall be deposited in a special interest bearing fund and may only be used to fkn
improvement cost of the facilities described herein. Upon the formation of a CFD to fund
same Improvements, any amount remaining in the special fund may be transferred to the (
fund, at the discretion of the Finance Director.
0 0 11. Upon completion of the Improvements, and recording of the notic
completion for the final phase of the Improvements, the City Engineer shall determine thc
cost of all phases of the Improvements and all related work (“Costs”), and the Fii
Director shall determine the total amount of revenue including fees, taxes, interest earn
fimds restricted to use only on the Improvements, and other sources of funds received t:
City dedicated to paymg for the construction of the Improvements (“Revenues”). The Fi
Director shall then compare the amount of Costs and Revenues to determine if there ar
excess Revenues as described below. If excess Revenues of more than $100,000 exis
Finance Director shall provide refunds to all eligible parties of all excess Revenues
amount and in the manner described below. If excess Revenues are equal to, or less
$100,000 the City shall retain these funds in a special fund to be used to finance street rt
maintenance, and landscaping within the Improvements.
a) The total amount of excess Revenues shall be determined by deductinj
amount of the project Costs fi-om the available Revenues. Total project Costs shall inch
costs to plan, design, construct, mitigate environmental impacts, inspect, and othei
complete the project to the satisfaction of the City Engineer, including applicable charge
City staff services. Total Revenues shall include all monies held by the City dedi1
exclusively to the construction of the Improvements including any fee revenues earmarkel
the Project, CFD #2 taxes, applicable CFD #1 taxes, grants, and interest earned on restr
hds as determined by the Finance Director.
b) The amount of the refund due to any party shall be based on the proportic
that party’s payments under this agreement based on its’ proportional share of Equiv
Dwelling Units (“EDUs”) constructed or to be constructed by that party, weighted as desci
in Exhibit A, divided by the total number of EDUs constructed or to be constructed within
0 0 participating in, CFD #2 and/or this agreement. The amount of the refund shall be deter
by multiplying the proportional share computed above by the total amount of excess revel
c) In order to share in the refund of any portion of the excess Revenue
eligible party must request to be included in the distribution of funds. Such request m
made within 90 days after the City Council’s acceptance of the Notice of Completion f
final phase of the Improvements. Each request must be accompanied by documents indi
clear title to the refund unless the request is being made by the party which originally pa
City pursuant to ths agreement or paid taxes to CFD #2.
d) The Finance Director shall compute the amount of the refund due each pa
described above. Funds may be disbursed to the eligible parties following Council appro1
such refunds.
e) If the City does not receive requests for refund from all eligible parties v
the specified period, and all funds cannot be disbursed as provided by this section
remaining funds shall be held in a special fund to be used to support road and roa
maintenance in and around the Improvements area, as determined to be necessary by the
Engineer, and approved by the City Council.
f) As a courtesy to all interested parties, the City will maintain a file of
individuals or companies entitled to a refund, and will mail notices of refund availability t
names and addresses in this file following the City Council’s acceptance of the final Noti
Completion. It is the eligible party’s responsibility to notify the City if the rights tc
refunds under this section are assigned to another party, or if there is a change in nan
address for the eligible party. The City takes no responsibility for the accuracy o
0 e information included in ths file, and is under no obligation to locate persons or entitie
are entitled to refunds. Failure to notify any party of the availability of excess Revenue:
not obligate the City in any way to extend or modify the above refund procedures.
12. Compliance with the Prior Agreement was accepted by City as an alterr
the method described in the current Local Facilities Management Plans for local fac
Management Zones 6, 11 and 12 €or financing the Improvements described in Paragr;
Neither the Prior Agreement nor this agreement requires the City to issue building pem
other development permits or grant approvals or relieve Property Owner of the obligat
comply with all applicable provisions of law, including but not limited to Carlsbad Mun
Code Titles 18, 19,20 and 2 1.
13. Compliance with the provisions of this agreement is a condition of all
discretionary approval for the Improvements. If Property Owner does not comply wit
provisions of this agreement, approval of the Project will not be consistent with the Ge
Plan, the Growth Management Program, and the Local Facilities Management Plan, ar
subsequent discretionary approvals and permits for the Project may be withheld by City.
14. In addition, the City will not approve any pending final maps, issue gra
building or other development permits or take any discretionary action until the Pro
Owner has complied with the terms of this agreement due to be satisfied at the time
approval is required.
15. The City may, at its discretion, elect to pursue any remedy, legal or equi
against Property Owner and Property Owner’s successors, heirs, assigns, and transferees c
Project to secure compliance with this agreement.
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16. City shall not, nor shall any officer or employee of City, be liable or respoi
for any loss or damage incurred by Property Owner or any successor or assign of Prc
Owner, or by any occupant in Property Owners buildings, as a result of the exercise c
remedies provided to City in this agreement. Property Owner agrees to indemnify City f(
liabilities incurred by City as a result of City’s exercise of these remedies.
(17. This ageement and the covenants contained herein shall be binding up0
inure to the benefit of the successors, heirs, assigns, and transferees of Property Ownei
respect to the Project only and City, and shall run with the Project and create an eqm
servitude upon the Project.
18. All notices provided for under this agreement shall be in writing and sk
delivered in person or served by certified mail postage prepaid. Delivery of notice to Pro
shall be presumed to have been made on the date of mailing regardless of receipt by Pro
Owner. Notices required to be given to Property Owner andor city shall be address
follows:
Notices to the City shall be delivered to the
Finance Director
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008
Notices to Property Owner shall be delivered to:
California Pacific Homes
Attn: Sherman Harman Jr.
9191 Tome Centre Dr. Su LlOl
San Diego, CA 92122
a a
Each party shall notify the other immediately of any change that would require
notice delivered hereunder to be directed to another party.
19. This agreement shall be recorded but shall not create a lien or security intert
the property, and shall release any obligation flowing from the Prior Agreement.
20. The undersigned Property Owner further states, under penalty of perjury, th
was owner of the property as described herein on Exhibit “B”, or an authorized agent o
owner at the time of the execution of the Prior Agreement, and has the authority to executc
document, including the binding authorization herein. 21 5& $A --f- lgg7*
Executed this day of
*OWNER:
M& &! .hv!7&@Yl~ ATTEST,
(print name here)
Aletha L. Rautenkranz,
City Clerk
Ap ro d as to form: LQ%
Ronald R. Ball 3, ~~7 7,
City Attorney
(Proper notarial acknowledgment of execution by *OWNER must be attached.) Preside
vice-president and secretary or assistant secretary must sign for corporations. If only
officer signs, the corporation must attach a resolution certified by the secretary or assi
secretary under corporate seal empowering that officer to bind the corporation.
..
1 STATE OF CALIFORNIA [ }ss.
COUNTY OF d*i D'&p 1
v /i
~~YIkkp~ D MA yp3-j ;;v&
'I" On Fib. 4b/j 1497 , before me, L)/jdll.", ,&f!%f%{L
WD
! personally known
---?I personally appeared
Loit& D. ~+/~()@j
(w-proved to meon-the-basis-ofsatisfactory-evidence) to be the person(s) whose name(s)
subscribed to the within instrument and acknowledged to me that helshe/@xecuted the
in his/hermuthorized capacity(ies), and that by his/he<@$ignature(s) on the instrumc
person(s) or the entity upon behalf of which the person(s) acted, executed the instrumen
WITNESS my hand and official seal.
Signature
5.
(This area for official notarial seal)
Title of Document
Date of Document
Other signatures not acknowledged
No. of Pages
3008 (1
Eirct &mararon Titlo lnciwc
0 0 ..
EXHIBIT A
RATE AND METHOD FOR DETERMINING
FAIR SHARE OBLIGATION
RANCHO SANTA FE AND OLIVENHAIN ROAD
The City Council shall use the following rate and method for determining the fair
obligation for funding the construction of Rancho Santa Fe and Olivenhain Road due
property conditioned to participate in the financing of these facilities. This calculation i!
as part of an agreement titled PETITION, WAIVER AND CONSENT TO CREATION
COMMUNITY FACILITIES DISTRICT AND AGREEMENT TO PAY FAIR SHARE,
RELEASE OF PRIOR OBLIGATION (Agreement) which has been voluntarily entered iI
the City of Carlsbad and certain property owners wishing to proceed with development 0.
property in advance of the creation of Community Facilities District No. 2 (CFD No. 2).
the City and property owners intent to form CFD No. 2 to provide funding for
improvements described within the above-referenced agreement.
The following rate and method shall be used to determine the fair share and amount due
any property owner wishing to take advantage of this alternate funding mechanism.
Basis for Cost Allocation
The basis for allocation of costs to property conditioned with the financing 01
improvements described in the Agreement shall be the Equivalent Dwelling Unit (EDU) \
is defined as follows for residential developments:
Residential EDU Allocation
Single Family - Detached Units 1.0 EDU
Single Family - Attached Units 0.8 EDU
Multi-Family Units 0.6 EDU
Second Dwelling Units 0.0 EDU
The number of each type of unit included in a development shall be determined by the
Engineer based on the most recent final map submitted to the City for approval.
0 0
The EDU determination for non-residential development shall be made by the City En
when such a determination is requested by the property owner. The City Engineer may rf
additional information fi-om any property owner as may be necessary to mak
determination. The City Engineer is not required to make a determination on the num
EDUs for any project until adequate information is available.
The City Engineer's determination shall be submitted to the City Council in the table b
The City Council shall make the final determination of the number of EDUs to be US
computing the fair share obligation for any project.
Fair Share Amount and Method of Pavment
The City shall collect $10,250 for each EDU as determined by the City Council. This an
shall be collected in one payment of $10,250. If the City Council determines the
Engineer's calculation of the number of EDUs included on the final map is in error, the Co
shall direct the City Engineer to amend his calculations and direct staff to bring the final
back for approval when such correction has taken place. Funds must be paid to the City b
the final map will be scheduled for Council consideration.
TotalNumbsr CostPer Total Typ, of
Prarect Und 1 PcZi i ofunlts ! Unit t Due
102 10.250 1,045.500 cT90-4 SingteFamtiy 1.0
Amount Paid Undw Rlcrmmng mu
PriOTA- DUO
102 1,045,500 0
Unib I Amount Units / Am
Total - 7 02 ? .045.500 102 1,045.500 0
I
e 0 7
-*-
EXHIBIT B
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFC
COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
THAT PORTION OF LOT 9 OF RANCHO LAS ENCINITAS, IN THE CI!
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING '3 THEREOF NO. 848, FILED IN THE OFFICE OF THE COUNTY RECORDER 0
DIEGO COUNTY, JUNE 27, 1898, DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST EASTERLY CORNER OF LOT 179 OF CARLSBAD
NO. 81-16 (VISTA SANTA FE, UNIT NO. 3), IN THE CITY OF CARI COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP TE
NO. 11129, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
COUNTY, JANUARY 27, 1985; THENCE ALONG THE BOUNDARY OF SAID MA 11129, NORTH 35°26'451t WEST, 100.00 FEET; THENCE NORTH 15O?
NORTH 34O31'4l1I WEST, 60.00 FEET; THENCE SOUTH 55°28'1911 WEST,
FEET TO NE BEGINNING OF A .TANGm 20-00 FOOT RADIUS CURVE, CC NORTHERLY; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, THRO
-CENTRAL ANGLE OF 88'15'18'', A DISTANCE OF 30.81 FEET; THENCE
RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY ALON
ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 3'53'14", A DISTAN 11.53 FEET; THENCE NORTH 32°23'091g WEST, 15.74 FEET TO THE BEG1 OF A TANGENT 65.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; 'I
NORTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANC 16O15'36", A DISTANCE OF 18.45 FEET TO A POINT OF REVERSE CUR\ WITH AN 8.5.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; '3
NORTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANC 16°15'3611, A DISTANCE OF 24.12 FEET; THENCE NORTH 32O23'09"
24.00 FEET TO THE BEGINNING OF A TANGENT 20.00 FOOT RADIUS C
CONCAVE EASTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID C
THROUGH A CENTRAL ANGLE OF 84'38'40", A DISTANCE OF 29-55
THENCE LEAVING SAID CURVE ALONG THE PROLONGATION OF RADIAL LI SAID CURVE! NORTH 37'44'29" WEST# 60000 FEET TO A POINT 01
NORTHERLY BOUNDMY OF PARCEL B OF CERTIFICATE OF COMPLIANCE FII
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBE 1984 AS FILE NO. 84-358890 OF OFFICIAL RECORDS, SAID POINT BE1 THE ARC OF A NON-TANGENT 520.00 FOOT RADIUS CURVE, CC
NORTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 37'4
EAST; THENCE ALONG THE BOUNDARY OF SAID PARCEL B, NORTHEASTERLY THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 2'33'0:
DISTANCE OF 23.15 FEET; THENCE NORTH 49O42'28" EAST, 370.82 FE
THE BEGINNING OF A TANGENT 730.00 FOOT RADIUS CURVE, CC
SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID C
THROUGH A CENTRAL ANGLE OF 17O21'1lV8, A DISTANCE OF 221.09
WEST, 57.61 FEET; THENCE NORTH 38'58'08" WEST, 101.00 FEET; 'J
36O16'23" WEST, 109.69 FEET TO THE BEGINNING OF A TANGENT 170oOC
e e .. -
Page Two of Exhibit B
THENCE NORTH 67O03'39" EAST, 144.79 FEET TO THE BEGINNING
TANGENT 270.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY; '
NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL AN(
16°56'4111, A DISTANCE OF 109.42 FEET; THENCE NORTH 50°06'5811
9.69 FEET TO THE BEGINNING OF A TANGENT 400.00 FOOT RADIUS (
CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG THE ARC OE CURVE, THROUGH A CENTRAL ANGLE OF 17°51'0211, A DISTANCE OF
FEET; THENCE NORTH 67°58'0011 EAST, 121.06 FEET TO THE BEGINNIN( TANGENT 20.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY; '
NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANI
90°00'OO", A DISTANCE OF 31.42 FEET TO THE POINT OF CUSP TO Wl RADIAL LINE BEARS NORTH 67O58'OOo1 EAST; THENCE LEAVING SAID
ALONG A TANGENT LINE, SOUTH 22O02'00" EAST, 202.60 FEET; THENCE
TO THE BEGINNING OF A TANGENT 1,030.00 FOOT RADIUS CURVE, CC
WESTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, THRC CENTRAL ANGLE OF 12°44'30"r A DISTANCE OF 229.06 FEET; THENCE
09017'30" EXST, A DISTANCE OF 150.00 FEET TO THE BEGINNING TANGENT 930.00 FOOT RADIUS CURVE, CONCAVE WESTERLY; THENCE SOU
ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 24O04'!
TANGENT LINE, SOUTH 63°37'0511 WEST, 1,007.25 FEET; THENCE
87°3883111 WEST, 114.29 FEET; THENCE LEAVING SAID BOUNDARY OF 1
- B, NORTH 02°21'2911 WEST, 181.84 FEET; THENCE NORTH 35OO5'54*I
184.00 FEET; THENCE NORTH 39°38'2211 WEST, 100.00 FEET; THENCE
THENCE NORTH 53°21'0311 EAST, 152.51 FEET; THENCE SOUTH 15":
EAST, 58.74 FEET; THENCE SOUTH 35O26'45" EAST, 102.00 FEET; !
NORTH 54O33'15'' EAST, 120.37 FEET TO THE POINT OF BEGINNING.
67O58'00" EAST, 60.00 FEET; THENCE SOUTH 22°02'0011 EAST, 450.0(
DISTANCE OF 390.87 FEET; THENCE LEAVING SAID CURVE ALONG A
50'21'38" EAST, 99.44 FEET; THENCE NORTH 39O38'22" WEST, 220.66
0.2 - PRELIMINARY COST ESTl E SUMMARY c* ' pr" "116 . qS-AUg-Y3 r
t,
CITY OF CARLS8AD COMMUNITY FACILITIES DISTRICT NO. 2
STAG€ COST SUMMARY
STAGE I! OLlVENHAlN ROAD
AREA A, (@ EL CAMINO REAL) $2,503,000
$91 2,000
DETENTION BASIN 'D' $871,000
AREA 6, (@ RANCHO SANTA FE RD.)
--------- ---------
TOTAL STAGE 1 $4,286,00
STAGES 2: RANCHO SANTA FE ROAD, PHASE I $1 5,032,OO
STAGES 3: RANCHO SANTA FE ROAD, PHASE II $1 4,230,001
STAGE 4: RANCHO SANTA FE ROAD SOUTH $3,109,00~
--------- ---------
CFD NO. 2 TOTAL $36,657,00(
R LE: SUMMARY. WQ1 PREPARED BY: HELMING ENGINE
L