HomeMy WebLinkAboutCT 99-06; Palomar Forum Associates LP; 2004-0538024; Petition & WaiverRECORDING REQUESTED BY:
Carlsbad City Clerk‘s Office
WHEN RECORDED MAIL TO:
City Clerk
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008
DOC # 2005-0964621 I llllllll Ill IIIII 11111 111ll111ll111111lll1 Ill11 Ill11 Ill11 11111 1111 1111
NOV 04,2005 4:33 PM
OFFICIAL RECORDS
SP.N DIEGO COUNTY RECORDER’S OFFICE
GREGORY J SMITH, CUUNTY RECORDER
FEES: 19.00 PAGES: 5
I 111111 Ill11 11111 Ylll11111 Ill11 Ill11 1111 Ill11 Ill11 1111 Ill11 Ill11 1111 Ill1 1111
SPACE ABOVE THIS LINE FOR RECORDER’S USE
Amendment No, 1 to Waiver and Consent to Creation
of the Community Facilities District (CT 99-06)
Palomar Forum Associates L.P.
Recorded original June 9, 2004 as Document No. 2004-0538024.
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9-L-05
\County RecorderRecorder Cover Sheet.doc
Amendment No. 1 to Waiver and Consent to Creation of the
Community Facilities District(CT 99-06)
WHEREAS, the City of Carlsbad (“City”) and Palomar Forum Associates L.P., a California
limited partnership (“Property Owner”) entered into that certain “Waiver and Consent to
Creation of a Community Facilities District and Agreement to Pay Fair Share Cost of CT 99-06”
dated June 4,2004 (the “Original Agreement”); and
WHEREAS, Section 4(b) of the Original Agreement requires, among other things, that Property
Owner deposit with the City a letter of credit or cash (the “Deposit”) equal to Property Owner’s
fair share of the cost of the extension of Faraday Avenue between Orion Way and Melrose Drive
(the “Faraday Avenue Extension”) prior to the transfer of a fee simple interest in all or any
portion of CT 99-06 or issuance of a building permit for the first commercial structure to be
constructed within CT 99-06; and
WHEREAS, since execution of the Original Agreement, all of the right-of-way for the Faraday
Avenue Extension has been dedicated to the City, all resource agency permits required for the
Faraday Avenue Extension have been obtained by the City and performance bonds have been
provided for completion of the Faraday Avenue Extension; and
Whereas, the Property Owners in the proposed CFD continue to cooperate and work diligently
toward its formation which is expected to occur soon and within the year, but after the sale of the
first commercial lot; and Whereas, this amendment shall be recorded to, among other things,
insure that prospective purchasers are aware of the contingent obligation; and
WHEREAS, all of the participating property owners in the Community Facilities District (the
“CFD”) proposed to finance the Faraday Avenue Extension, among other improvements, have
executed agreements like the Original Agreement consenting to the formation of the CFD to
finance their fair share of the costs of the Faraday Avenue Extension; and
WHEREAS, Property Owner has completed the widening of Palomar Airport Road required by
the approvals for CT 99-06 pursuant to the Original Agreement and applicable subdivision
improvement agreements.
NOW, THEREFORE, in consideration of proceeding with the formation of the CFD and the
processing of CT 99-06 and completion of the Palomar Airport Road widening, the Property
Owner and City hereby agree to the following:
1. Section 4(b) of the Original Agreement shall be amended as follows:
Property Owner’s payment of its Fair Share, initially estimated to be in an amount not
to exceed $2,003,805, shall be secured by the posting of cash or a letter of credit with
the City of Carlsbad, in a form and from a financial institution acceptable to the
Finance Director, within ninety(90) days of a demand to the owner by the Finance
Director. If not paid or an extension of the demand for payment is made by the City
Council, the Property owner and its successors in interest agree that the obligation
shall become a lien on all parcels with the subdivision and shall be entitled to
enforcement, collection and priority as a tax lien.
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H&O: #25864 vl
2. Except as modified herein the Original Agreement shall remain in full force and
effecExecuted this/&day of September, 2005
PALOMAR FORUM ASSOCIATES L.P.,
a California limited partnership
CITY OF CARLSBAD, a municipal corporation of
Title: Mayor
ATTEST:
APPROVED AS TO FORM:
c N~~RONALD R. BALL 9
Title: City Attorney
8/16/05 4083.3 H&O: #25864 VI
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California 1 } ss. .- - 11 I
. _- -
Name ana\Title offlfficer (e.g., "Jane Doe, Notary Public") On % Dale I q!. m65, before me, d.
Place Notary Seal Above
donally known to me
0 proved to me on the basis of satisfactory evidence
to be the personwwhose name@ls/aesubscribed
to the within instrument and acknowledged to me that
he/s+tdtky executed the same in his/h&hk
authorized capacity@$ and that by his/kerHlteir
signaturewon the instrument the person(8): or the
entity upon behalf of which the person(# acted,
executed the instrument.
WITNESS rnv hand and official seal.
Signature of Notary Public / 1 W OPTlONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer@)
Signer's Name:
Individual
0 Corporate Officer - Title(s):
0 Partner - 0 Limited 0 General
0 Attorney in Fact
0 Trustee I I 0 Guardian or Conservator Other:
Signer Is Representing: I
Signer's Name:
0 Individual
0 Corporate Officer - Title(s):
0 Partner - 0 Limited 0 General
0 Attorney in Fact
0 Trustee
0 Guardian or Conservator
Other: I I Signer Is Representing:
0 2004 National Notary Association 9350 De Soto Ave., P.O. Box 2402 Chatsworlh, CA 91 313-2402 Item No. 5907 Reorder: Call Toll-Free 1-800-876-6827
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
} SS.
State of California
County of StW 31 Phil
On c;Z-16 - 200.5 , before me, z&?&t!L.E & VlH p At.rcseAJ
personally appeared edbDgA.b,5 mn hpD7-L ,
,
Date Name and Title of Officer (e g , "Jane Doe, Notary Public")
Name@) of Signer@)
wpersonally known to me
0 proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) Mare
subscribed to the within instrument and
acknowledged to me that+rekbe/they executed
the same in li+#tm/their authorized
capacity(ies), and that by -hidbedtheir
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
Place Notary Seal Above
WITNESS my hand and official seal.
Signatwe of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
1 Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer ~- -. . Signer's Name: fi
0 Individual
0 Corporate Officer - Title(s):
Partner -U Limited General
Attorney in Fact
Trustee
0 Guardian or Conservator
0 Other:
Signer Is Representing: u
0 1997 National Notary Associatlon 9350 De Soto Ave , P.0 Box 2402 - Chatsworth, CA 91313-2402 Prod No. 5907 Reorder Call Toll-Free 1-800-876-682
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City Clerk
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008 (43
OFFICIAL RECORDS SM DIEGO CnUHTY F:ECORDER’S OFFICE GliEFORY J. SMITH? GOLNTY RECORDER FEES: 9.90
Space Above Line For Recorder’s Use
WAIVER AND CONSENT TO
CREATION OF A COMMUNITY FACILITIES DISTRICT
AND AGREEMENT TO PAY FAIR SHARE COST
OF CT 99-06, (“AGREEMENT”)
WHEREAS, the undersigned Property Owner is processing for development with
the City of Carlsbad (hereinafter referred to as “City”) a development project known and
identified as Tentative Tract Map CT 99-06 (hereinafter referred to as the “Project”); and
WHEREAS, the legal description for the property included in the Project (the
“Property”) is shown on Exhibit “A” attached hereto and incorporated herein by
reference; and
WHEREAS, City has determined this Project is located within the boundaries of a
proposed Community Facilities District known as Community Facilities District No. 3,
(Faraday Ave. and Melrose Drive) (hereinafter referred to as the “District”); and
WHEREAS, the District is intended to be formed to finance those improvements
generally described in Section 1 herein; and,
WHEREAS, Property Owner desires to obtain City approval of a final subdivision
map for the Project prior to the formation of District; and,
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WHEREAS, a condition of approval of Tentative Tract Map CT 99-06 states:
“Prior to recordation of a final map or issuance of a grading permit, whichever occurs
first, a financial guarantee for the construction, as specified in the appropriate agency
permissions, of Faraday Avenue extension between Orion Way and Melrose Drive shall
be approved by the Carlsbad City Council” (the “Tentative Map Condition”); and
WHEREAS, the compliance with tentative map conditions is a condition of
approval for the final map for the Project; and,
WHEREAS, the City and Property Owner desire to agree to an alternative method
of financing the improvement of Faraday Avenue as described in Section 1 herein that
will allow Property Owner to discharge its fair share obligation for said improvement in
lieu of, or in anticipation of, participation in District; and,
WHEREAS, the City Council agree that Property Owner, upon entering into and
complying with the terms of this Agreement including, without limitation, the terms for
payment of the fair share described herein, has met the requirement set forth in the
Tentative Map Condition, to provide a financial guarantee for the construction of the
improvement of Faraday Avenue described in Section 1 below; and,
WHEREAS, the Property Owner voluntarily enters into this Agreement with
respect to the Project; and,
WHEREAS, the City Council has determined that in consideration of the
improvement phasing program described below, there will be no major impact on the
circulation system at the present time if development of the Project is allowed to proceed
with sufficient financial guarantees for fbture construction of Property Owner’s fair share
of Faraday Avenue;
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NOW, THEREFORE, in consideration of proceeding with the processing of the
Project, the undersigned Property Owner and City hereby agree and certify to the
following :
1. Property Owner has previously petitioned the City for the initiation of the
proceedings for the formation of District which will cause the construction and
installation and/or financing of the following improvements (hereinafter
“Improvements”) which are generally described as follows:
(a) Palomar Airport Road widening from west of Melrose Dr. to the
Vista City limits (“Palomar”);
(b) Faraday Ave. from Orion St. to Melrose Dr. (“Faraday Avenue”);
and
(c) Melrose Dr. from Palomar Airport Rd. to the Vista City limits
(“Melro se”).
2. The cost of construction, engineering, environmental mitigation, legal and
other incidental expenses of the Improvements will be fbnded by the District.
3. Property Owner acknowledges its right to notice of and participation in all
phases of formation under the “Mello-Roos Community Facilities Act of 1982,” and
hereby expressly waives the proceedings required and all limitations contained in Title 5,
Division 2, Chapter 2.5 of the California Government Code and nonetheless with full
knowledge of such rights, completely and forever waives such rights. Specifically,
Property Owner hereby consents to the proceedings and waives any right to protest the
formation of the District and the ordering of the Improvements under applicable
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California statutes and consents to and supports formation of said District with respect to
the Project.
4. (a) Property Owner agrees to pay to City, or provide its fair share of
the costs of the Faraday Avenue improvements (“Fair Share”) as set forth below.
(b) Property Owner’s payment of its Fair Share, initially estimated to
be in the amount of $2,003,805, shall be secured by the posting of cash or a letter of
credit, in a form and from a financial institution acceptable to the City Finance Director,
prior to the earlier of (i) transfer of a fee simple interest in all or any portion of the
Property or (ii) issuance of a building permit for the first commercial structure to be
constructed within the Project. If any portion of the Property is transferred without the
posting of the required security, both the succeeding property owner and Property Owner
shall be jointly and severally responsible for providing the required security.
(c) The Property Owner’s Fair Share will be conclusively determined
by the City Council in the manner described in Exhibit “B” attached hereto and
incorporated herein by reference based upon (i) the actual costs of Faraday Avenue or
such other alternative improvements found by the City Council to be hnctionally
equivalent to Faraday Avenue (“Functionally Equivalent Improvements”), if the District
is not formed, or (ii) according to the methodology used to establish the spread of special
taxes of the District, if the District is formed.
(d) Any funds paid to the City shall be held in an interest-bearing
account and disbursed only for use in the construction of Faraday Avenue or the
Functionally Equivalent Improvements.
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(e) Alternatively, if the District is formed and the Project is included
within it, Property Owner’s obligation to pay its Fair Share pursuant to this Agreement
shall be satisfied upon formation of the District through the issuance of bonds and levy of
special taxes of the District. In addition, within a reasonable time after formation of the
District all funds held by the City provided by the Property Owner pursuant to this
Agreement that have not been previously expended for Faraday Avenue or Functionally
Equivalent Improvements will be returned to the Property Owner or any letter of credit
provided on behalf of the Property Owner pursuant to this Agreement will be released.
For purposes of this Section 4(e), “formation of the District” shall mean (i) the District
has been established and authorized to finance the Faraday Avenue improvements,
among others, (ii) the qualified electors of the District have authorized the special taxes
and bonded indebtedness of the District and (iii) the limitations period has expired for
challenging such election.
(9 Property Owner agrees to construct Palomar and Melrose in
accordance with its conditions of approval and the applicable Subdivision
Improvement(s) Agreements for CT 99-06. Property Owner hrther agrees that the CT
99-06 Subdivision Improvement Agreement for Melrose shall stipulate that the Property
Owner shall not commence construction of Melrose (other than the rough grading of the
Melrose right-of-way within the Project), the open space lot to be located at the
northwestern corner of the hture intersection of Palomar Airport Road and Melrose, and
construction of Street “C” within the Project for up to five (5) years following execution
of the Subdivision Improvement Agreement or until Property Owner has received written
notice to proceed from the City Engineer, whichever occurs sooner. Property Owner
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H&O: #5344 v9 5
shall complete such construction of an improvement within twelve (12) months following
such notice. In addition, Property Owner agrees that building permits for any structures
to be constructed on Lots 1-3 and 8 of CT 99-06 will not be issued prior to formation of
the District or such earlier time as approved by the City Council.
5. Property Owner acknowledges that this Agreement to pay its Fair Share
and participate in the financing of the Faraday Avenue improvements is voluntary and
that without this Agreement, Property Owner would be precluded from obtaining final
map approvals or building and other development permits under the provisions of the
General Plan, Chapter 21.90 of the Carlsbad Municipal Code, applicable zone plan,
financing plans and related documents until a satisfactory financing program has been
developed to fund the Faraday Avenue improvements.
6. Property Owner hereby waives its right to challenge the amount,
establishment or imposition of said Fair Share and fbrther waives any rights to pay said
Fair Share under protest.
7. This Agreement does not affect, in any way whatsoever, the obligation of
Property Owner to pay any other fees or assessments associated with Property Owner’s
development and/or to post improvement bonds as required by the City Engineer. Nor
does this Agreement relieve Property Owner from providing other public facilities
required under conditions placed upon the Property by the applicable tentative map CT
99-06 by the City.
8. Property Owner agrees that payment of its Fair Share is not a fee and
waives any and all rights to notice of or challenges to the establishment or imposition of
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H&O: #5344 v9 6
said Fair Share as a fee under provisions of Government Code Section 66000, et. seq. or
any successor or related statutes.
(a) 9. In the event no District is formed, fbnds on deposit will be utilized
only as a fair share of costs to otherwise complete Faraday Avenue or Functionally
Equivalent Improvements.
(b) If the actual Fair Share obligation is lower than the amount
previously deposited or provided by Property Owner to City, City shall refbnd any
excess, in the manner described in this Section 9 and in Section 10 below.
(c) Any refund shall be made from fhds available within District
upon District formation or the completion of construction of Faraday Avenue or the
Functionally Equivalent Improvements and shall not be an obligation of City’s General
fund or other revenue sources.
(d) No reimbursement is required unless and until the City Council
determines that sufficient hnds are available to complete construction of Faraday
Avenue or the Functionally Equivalent Improvements.
10. (a) Upon completion of Faraday Avenue or the Functionally
Equivalent Improvements, and recording of the Notice of Completion for the final phase
of the construction, the City Engineer shall determine the total cost of all construction
and all related work (“Costs”), and the Finance Director shall determine the total amount
of revenue including fees, taxes, interest earned on hnds received by the City dedicated
to paying for such construction (“Revenues”). The Finance Director shall then compare
the amount of Costs and Revenues to determine if there are any excess Revenues in an
amount and in the manner described below. If excess Revenues are equal to, or less than
GI4104 4083.2
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$10,000, the City shall retain these hnds in a special fund to be used to finance street
repair, maintenance, and landscaping of the improvements.
(b) The total amount of excess Revenues shall be determined by
deducting the amount of the Costs from the available Revenues. Total project Costs shall
include all costs to plan, design, construct, mitigate environmental impacts, inspect, and
otherwise complete the project to the satisfaction of the City Engineer, including
applicable charges for City staff services. Total Revenues shall include all monies held
by the City dedicated exclusively to the construction of Faraday Avenue or the
Functionally Equivalent Improvements including any fee revenues earmarked for the
Project, CFD No. 3 taxes and bond proceeds, grants, and interest earned on restricted
funds as determined by the Finance Director.
(c) The amount of the refund due to Property Owner shall be based on
its proportionate share of the Costs and Revenues as determined in accordance with
Exhibit B.
(d) In order to share in the refund of any portion of the excess
Revenues, the eligible party must request to be included in the distribution of funds.
Such request must be made within 90 days aRer the City Council’s acceptance of the
Notice of Completion for the final phase of construction. Each request must be
accompanied by documents indicating clear title to the rehnd unless the request is being
made by the party who originally paid the funds to the City pursuant to this Agreement.
As a courtesy to all interested parties, the City will maintain a file of those individuals or
companies entitled to a refund, and will mail notices of refbnd availability to the names
and addresses in this file following the City Council’s’ acceptance of the final Notice of
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H&O: #5344 v9 8
Completion. It is the eligible party’s responsibility to notify the City if the right to any
refunds under this section is assigned to another party, or if there is a change in name or
address for the eligible party. The City takes no responsibility for the accuracy of the
information included in this file, and is under no obligation to locate persons or entities
who are entitled to refinds. Failure to notify any party of the availability of excess
Revenues shall not obligate the City in any way to extend or modify the above refbnd
procedures.
(e) The Finance Director shall compute the amount of the refind due
the Property Owner as described above. Funds may be reimbursed to the Property Owner
following City Council approval of such reimbursement.
11. Compliance with this Agreement will be accepted by City as the financial
guarantee for Faraday Avenue required by the Tentative Map Condition.
12. This Agreement does not require City to issue building permits or other
development permits or grant approvals or relieve Property Owner of the obligation to
comply with all applicable provisions of law, including but not limited to Carlsbad
Municipal Code Titles 18, 19, 20 and 2 1.
13. Compliance with the provisions of this Agreement is a condition of all
future discretionary approval for the Project. If Property Owner does not comply with
the provisions of this Agreement, approval of the Project will not be consistent with the
General Plan, the Growth Management Program, and the Local Facilities Management
Plan, and all subsequent discretionary approvals and permits for the Project may be
withheld by the City.
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14. In addition, the City will not approve any pending final maps, issue
grading, building or other development permits or take any discretionary action until the
Property Owner has complied with the terms of this Agreement due to be satisfied at the
time such approval is required.
15. The City may, at its discretion, elect to pursue any remedy, legal or
equitable against Property Owner and Property Owner’s successors, heirs, assigns, and
transferees of the Project to secure compliance with this Agreement.
16. City shall not, nor shall any officer or employee of the City, be liable or
responsible for any loss or damage incurred by Property Owner or any successor or
assign of Property Owner, or by any occupant in Property Owner’s buildings, as a result
of the exercise of any remedies provided to the City in this Agreement. Property Owner
agrees to indemnify City for any liabilities incurred by City as a result of City’s exercise
of these remedies.
17. This Agreement and the covenants contained herein shall be binding upon
and inure to the benefit of the successors, heirs, assigns, and transferees of Property
Owner with respect to the Property only and City, and shall run with the Property and
create an equitable servitude upon the Property.
18. All notices provided for under this Agreement shall be in writing and shall
be delivered in person or served by certified mail postage prepaid. Delivery of notice to
Property Owner shall be presumed to have been made on the date of mailing regardless
of receipt by Property Owner. Notices required to be given to Property Owner and/or
City shall be addressed as follows:
Notices to the City shall be delivered to the:
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Finance Director
City of Carlsbad
1635 Faraday Avenue
Carlsbad, CA 92008
Notices to Property Owner shall be delivered to:
Palomar Forum Associates
c/o Davis Partners, LLC
Attn: Larry Nelson
1420 Bristol Street North
Suite 100
Newport Beach, CA 92660
Each party shall notifjr the other of any change that would require any notice delivered
hereunder to be directed to another party
19. This Agreement shall be recorded but shall not create a lien or security
interest in the Project.
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20. The undersigned Property Owner hrther states, under penalty of perjury,
that he is owner of the property as described in Exhibit “A”, or an authorized agent of the
Property Owner, and has the authority to execute this document, including the binding
authorization herein.
Executed this 4“’ day of June, 2004.
PALOMAR FORUM ASSOCIATES L.P.,
a California limited partnership
Larry Nelsot)! Partner
CITY OF CARLSBAD, a municipal corporation of
the State of Californih h
. NamQ Raymond R. Patchett Title: City Manager
ATTEST:
APPROVED AS TO FORM:
ML Name: 61 wy e
Title: &T$ Aqbnq
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H&O: #5344 v9 12
EXHIBIT A
DESCRIPTION OF PROPERTY
6/4/04 4083.2
H&O: #5344 v9
ORDER NO. : 2807011181-9
EXHIBIT A
The land referred to is situated in the County of San Diego, City of Carlsbad, State of California,
and is described as follows:
PARCEL 2 OF CERTIFICATE OF COMPLIANCE RECORDED APRIL 15,2003 AS INSTRUMENT NO.
2003-0434038 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:
BEING PORIIONS OF:
THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER, ALONG WITH THE NORTHEAST
QUARTER OF ME SOUTHWEST QUARTER; ALONG WllH THE NORTHWEST QUARTER OF THE
SOUTHEAST QUARTER, ALL OF SECTION 18, TOWNSHIP 12 SOUTH, RANGE 3 WEST, SAN
BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA.
ALSO, LOT 2, SECTION 13 TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO
MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA.
ALSO SECTION 13, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN AND
SECTION 18, TOWNSHIP 12 SOUTH, RANGE 3 WEST, SAN BERNARDINO MERIDIAN, IN THE
CllY OF CARLSBAD, COUNN OF SAN DIEGO, STATE OF CALIFORNIA.
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF RECORD OF SURVEY MAP NO. 9112, FILED IN
THE OFRCEOF THECOUNTY RECORDER OF SAID COUNTY ON AUGUST S, 1982, SAID
CORNER ALSO BEING THE NORTHWEST CORNER OF THE LAND DESCRIBED IN CERTIFICATE
OF COMPLIANCE RECORDED IN THE OFFICE OF THE COUNTY RECORDER JULY 9,1987 AS
FILE NO. 87-385112;
THENCE ALONG THE WESTERLY LINE THEREOF SOUTH 02’37‘50” EAST 384.39 FEET (REC.
SOUTH 2’ 36’ 40” EAST 384.39 FEET) TO A POINT ON THE NORTHERLY LINE OF PALOMAR
(REC. SOUTH 2O 38’ 00’ EAST 28.51 FEET) TO A POINT ON THE CENTERLINE OF SAID
PALOMAR AIRPORT ROAD, SAID POINT BEING ON THE ARC OF A NON-TANGENT 1200.00
FOOT RADIUS CURVE, CONCAVE SOUTHERLY, A RADIAL LINE TO SAID POINT BEARS NORTH
02’ 05‘ 57”EAST;
AIRPORT ROAD PER ROAD SURVEY NO. 757; THENCE SOUTH 03’ 57’ 38’ EAST 29.07 F€ET
THENCE LEAVING SAID WESTERLY LINE, EASTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 20° 09‘ 51” A DISTANCE OF 422.32 FEET (REC. DELTA =20°
13’ 34‘, L = 423.62 FEET);
THENCE SOUTH 67’ 44‘12” EAST 1328.80 FEET (REC. SOUTH 67” 43‘ 22” EAST 1328.80 FEET)
TO THE BEGINNING OF A 1000.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY;
ORDER NO. : 2807011181-9
THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 03O 10'
28" A DISTANCE OF 55.40 FEET (REC. DELTA = 3O0932", L -55.13 FEET) TO A POINT ON ME
ARC OF A NON-TANGENT 2263.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY, A RADIAL
LINE TO SAID POINT BEARS SOUTH 08O 32' 51" WEST;
THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE 'OF 16O 16'
12" A DISTANCE OF 642.61 FEET (REC. DELTA = 16' 17' 25", L = 643.41 FEET) TO A POINT
RADIAL LINE TO SAID POINT BEARS SOUTH 18' 15' 50" EAST;
ON ME ARC OF A NON-TANGENT 1000.00 FOOT RADIUS CURVE, CONCAVE, NORTHERLY, A
THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 03O
10'28"A DISTANCE OF 55.40 FEET (REC. DELTA = 3O 09' 32"' L = 55.13 FEET);
THENCE NORTH 68O 3342" EAST 1525.40 FEET (REC. NORTH 68' 33' 29" EAST 1525.56 FEET)
TO THE BEGINNING OF A 6000.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY;
THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 05O 38'
02'A DISTANCE OF 589.98 FEET (REC. DELTA = 5"39' 05", L = 591.81 FEET); THENCE
NORTH 74O 11' 44" EAST 455.68 FEET (REC. NORTH 74O 12' 34" EAST 454.40 FEET) TO THE
BEGINNING OF A 3000.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE EASTERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 00' 54' 29" A DISTANCE
OF 47.55 FEET (REC. DELTA Oo 52' 58''1 L = 46.22 FEW; THENCE, LEAVING SAID
CENTERLINE NON-TANGENT TO SAID CURVE, NORTH OOo 39/33" EAST 75.60 FEET (REC.
NORTH Oo 39' 50" EAST 76.25 FEET) TO THE NORTHEAST CORNER OF SAID RECORD OF
SURVEY MAP NO. 9112 AND SAID CERXFICATE OF COMPLIANCE: THENCE, WESTERLY ALONG
THE NORTHERLY LINE OF SAID RECORD OF SURVEY AND SAID CERTIFICATE OF
COMPLIANCE, NORTH 89O 27' 44" WEST 693.38 FEET;
THENCE, LEAVING SAID LINE, SOUTH 69O 45'42" WEST 36.67 FEET; THENCE SOUTH
89O33'45" WEST 1352.59 FEET;
THENCE NORM 45O 03' 52" WEST 31.06 FEET;
THENCE SOUTH 89O51'45" WEST 775.37 FEET;
THENCE NORTH 52O 02' 02" WEST 38.57 FEET TO A POINT ON THE NORTHERLY LINE OF
SAID RECORD OF SURVEY MAP NO. 9112;
THENCE, ALONG SAID LINE, NORTH 89O 27' 44" WEST 72.88 FEET;
THENCE, LEAVING SAID LINE, SOUTH 09' 28' 07" WEST 30.44 FEET;
THENCE SOUTH 63O 00'42' WEST 42.69 FEET;
THENCE NORTH 86O 20' 04" WEST 868.30 FEET,
THENCE SOUTH 61° 23' 57" WEST 52.32 FEET;
I’
ORDER NO. : 2807011181-9
THENCE NORTH 86O 47‘ 02” WEST 620.41 FEET;
THENCE NORTH 40° 35’ 39” WEST 21.66 FEET;
THENCE NORM 70” 29’ 29” WEST 131.18 FEET;
THENCE NORTH 19O 30’ 31” EAST 105.80 FEET;
THENCE NORM 57O 27‘ 22 WEST 158.63 FEET;
THENCE SOUTH 87O 22’ 10” WEST 87.11 FEET TO THE WESTERLY LINE OF SAID LOT 2;
THENCE, SOUTHERLY ALONG SAID WESTERLY LINE, SOUTH 02’ 37‘ 50” EAST 233.16
FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM ONE-HALF OF ALL MINERALS IN, ON OR UNDER SAID LAND AS
RESERVED BY BURTON D. HIGHTOWER, A WIDOWER, IN DEED RECORDED MAY 19,1959 IN
BOOK 7669 PAGE 361 OF OFFICIAL RECORDS.
EXHIBIT B
METHODOLOGY OF COST ALLOCATION
6/4/04 4083.2 H&O: #5344 v9
Property Owners:
EXHIBIT B
METHODOLOGY OF COST ALLOCATION
(Faraday Avenue)
Allocation to Contributina ProDerties
Palomar Raceway Carlsbad Total
Forum Oaks North
1. Core Improvements (Inside Lanes and County Frontage) Spread on Percentage of Pad Area
Pad Area in Acreage 44.50 73.00 129.80 247.30
Fair Share of Estimated Core Improvements
Percentage of Total Pad Area 17.99% 29.52% 52.49% 100.00%
$2,003,805 $3,287,14 1 $5,844,805 $1 1 ,I 35,751 ('I
2. Frontage Improvements (Outside Lanes) Spread Directly to Each Property Owner
Direct Share of Estimated Frontage Improvements $0 $0 $4,734,035 $4,734,035 (2)
Total Estimated Cost of Faraday Avenue $2,003,805 $3,287,141 $10,578,840 $15,869,786
3. Functionally Equivalent Improvements
If the District is not formed, Property Owner's Fare Share contribution towards Functionally Equivalent Improvements shall be
determined by the City Council based upon he Project's proportionate share of the costs of the Fundionally Equivalent
Improvements determined based upon the traffic generation characteristics of the benefiting projects. The City Council's
determination shall be final.
Note: (1) The total estimated cost of the core improvements does not take into account federal funds which may be made
available, the benefit of which would be allocated to each property based on the percentage allocation of the core
improvement costs.
Note: (2) Carlsbad Oaks North is the only property with Faraday Avenue Frontage.
May 24,2004
STATE OF CALIFORNIA ) ) ss.
COUNTY OF G6 )
On fON6 q, h D4 before me, L 1 S& Ap/Rj E/gOVif/, a notary public <n and foI/said State, personally appeared
, personally known to me (or proved to me on the
basis of satisfahory evidence) to be the person(s) whose name(s) idare subscribed to the 1 AAf.L.r&tJ
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.
WTNESS my hand vd official seal.
Signature
STATE OF CALIFORNIA ) 1 ss.
COUNTY OF 3~ Di~b
On abw 51 GoOrc before me,
MLl e , a notary public in and for said State, personally appeared
3 to be the person@) whose name(+ idam subscribed to the
within instrument and acknowledged to me that hdfhelthey executed the same in
hislkerkkclir authorized capacity@), and that by hidhedtkk signature(+ on the instrument
the person@), or the entity upon behalf of which the person(+ acted, executed the
instrument.
e4ymm R. U?k.f+e~ , personally known to me
WITNESS my handfld official seal.
6/4/04 4083.2
H&O: #5344 v9