HomeMy WebLinkAbout1997-03-04; City Council; Resolution 97-856 0 0 RESOLUTION NO. 97-85
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA
CALIFORNIA PACIFIC HOMES PROVIDING FOR THE PREPAYMENT OF CFD#2 TAXES
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iUTHORIZING THE MAYOR TO EXECUTE A AMENDED AGREEMENT WITH
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FOR CT 85-9
4 Whereas, the City Council has approved a financing program for Rancho
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Santa Fe Road which includes the intended formation of a Community Facilities
District (CFD#2), and
Whereas, the City Council has previously approved agreements with
CALIFORNIA PACIFIC Homes allowing for the prepayment of taxes to be
assessed under CFD#2 as an acceptable form of interim financing for Rancho
Santa Fe Road as required by various tentative map conditions for CT 85-9, and
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l1 ability to finance the needed improvements on Rancho Santa Fe Road.
Whereas, the approval of the amended agreement will not affect the City’s
12 NOW, THEREFORE BE IT RESOLVED by the City Council of the City of
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ABSENT: None 25
NOES: None 24
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2. That the form of the revised PETITION, WAIVER AND CONSENT TO 15
1. That the above recitations are true and correct. 14
Carlsbad, California as follows:
ATTEST:
CREATION OF A COMMUNITY FACILITIES DISTRICT, AGREEMENT TO PAY FAIR
SHARE, AND RELEASE OF PRIOR OBLIGATION, Attachment 1 attached here to,
is hereby approved.
3. That the Mayor is hereby authorized to enter into the attached agreement.
4. The City Clerk is authorized and directed to record the attached agreement
with the San Diego County Recorder’s office upon execution.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council on the
day of March , 1997 by the following vote, to
AYES: Council Members Lewis, Finnil
27 li!@LGLR @-
28 ALETHA L. RAUTENKRANZ, City Clerk (SEAL)
T RECORDING REOUESTE !P BY AND 0
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carfsbad 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
WHEREAS, the undersigned, California Pacific Homes, (“Property Owner”) i:
processing, or has processed, for development with the City of Carlsbad (hereinafter referred ta
as “City”) a development project known and identified as Tentative Tract Map CT 85-9>
(hereinafter referred to as the “Project”); and
‘ WHEREAS, the legal description for the Project is shown on Exhibit “B” attached
hereto; and,
WHEREAS, City has determined this Project is located within the boundaries of a
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 generally
described in Section 1 herein and in the amount set forth in the Improvements Budget attached
hereto marked Exhibit “C” (hereinafter “Improvements Budget”); and,
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W WHEREAS, Property Owner desires to proceed with processing prior to the formatic
of District; and,
WHEREAS, various conditions of the Tentative Tract Map for the Project requires th
the Property Owner provide for or participate in the construction of certain pub1
improvements including sections of Rancho Santa Fe Road; and,
WHEREAS, the compliance with tentative map conditions is a condition of approv:
for the final map for the Project; and,
WHEREAS, the City and Property Owner desire to agree to an alternative method c
financing the improvements described in Section 1 herein that will allow Property Owner t
discharge its fair share and obligation for said improvements in lieu of, or in anticipation o
participation in District; and,
I WHEREAS, the City Council agrees that Property Owner, upon entering into thi
agreement and upon payment of the fair share described herein, has met the requirement se
forth in the tentative map conditions requiring the Project to provide a financial guarantee fo
the construction of those improvements described in Section 1 below; and,
WHEREAS the City and Property Owner have previously entered into simila
agreement providing for prepayment for said Improvements by which Property Owner has ove.
-paid its obligation, and the parties wish to supersede those agreements with this agreemen
providing for a special refund; and,
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0 e WHEREAS, Property Owner voluntarily enters into this agreement with respect to th
Project; and,
WHEREAS, the City Council has determined that due to the size of the propose1
development, there will be no major impact on the circulation system at the present time i
development of the Project is allowed to proceed with sufficient financial guarantees for futurc
construction of Property Owner’s fair share of the circulation improvements;
NOW, THEREFORE, in consideration of proceeding with the processing of Project
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 proceedings
for the formation of District which will cause the construction and installation andor financing
of the following improvements (hereinafter “Improvements”) which are generally described as
follows:
a) Rancho Santa Fe Road North Phase 1 (RSF No.1) La Costa Avenue to
east of Mahr Reservoir.
b) Olivenhain Road Widening, and intersection improvements at
Olivenhain and El Camino Real.
c) Rancho Santa Fe Road North Phase 2 (RSF No.2) Phase 1 End to
Melrose Drive.
d) Rancho Santa Fe Road South (RSF So.) (Assumes Secondary Arterial
Standard - Encinitas City Boundary to Oiivenhain Road Full Improvements).
0 2. The cost of construction, engineering, environmental mitigation, legal and 0th
incidental expenses as set forth in the Improvements Budget will be funded by the District.
3. Property Owner has previously acknowledged by entering into the Pri’
Agreement, as defined in Paragraph 9, its right to notice of and participation in all phases ’
formation under the “Mello-Roos Community Facilities Act of 1982,” and has express1
waived the proceedings required and all limitations contained in Title 5, Division 2, Chaptc
2.5 of the California Government Code and nonetheless with full knowledge of such right
’ completely and forever waives such rights. Specifically, Property Owner has consented to tk
proceedings and waives any right to protest the formation of the District and the ordering of tk
improvements under applicable California statutes and consented to and continues to suppo
formation of said District with respect to the Project. The City shall exclude the Project fior
the District boundary map if, prior to the adoption of a Resolution of Intention by the Cit:
Council to form said District, Property Owner has entered into this agreement and has paid tl
the city all amounts due as described herein.
4. a) Property Owner agrees to pay to City, or provide, its fair share for tht
Improvements described in Section 1.
b) Said payment, or provision, shall be made in the manner described ir
Exhibit “A”, Rate and Method for Determining Fair Share Obligation Rancho Santa Fe an(
Olivenhain road, which is incorporated herein by reference.
c) The amount of Property Owner’s fair share will be conclusively
determined by the City Council in the manner described in Exhibit “A” attached hereto.
0 a d) Payment by Property Owner of its fair share of all costs as determint
by City Council and set forth herein will satisfy its obligations for the construction of ti
Improvements described in Section 1, as required by the Tentative Map for the Project as th
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 withn :
Property Owner’s obligations to pay its fair share pursuant to this agreement shall be satisfic
upon payment of all taxes imposed, established and payable to said District.
5. Property Owner acknowledges that this agreement to pay its fair share an
participate in the financing of improvements is voluntary and that without this agreeme1
Property Owner would be precluded from obtaining final map approvals or building and otht
development permits under the provisions of the General Plan, Chapter 21.90 of the Carlsba
Municipal Code, applicable zone plan, financing plans and related documents permits und6
the provisions of the General Plan, Chapter 21.90 of the Carlsbad Municipal Code, applicabli
zone plan, financing plans and related documents until a satisfactory financing program ha
been developed to fimd the construction of the Improvements described in Section 1.
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6. Property owner hereby waives his right to challenge the amount, establishmen
or imposition of said fair share and further waives any rights to pay said fair share unde
protest.
7. This agreement does not affect, in any way whatsoever, the obligation 0:
Property Owner to pay any other fees or assessments associated with Property Owner’:
development andor to post improvement bonds as required by the City Engineer. Nor doe:
m e this agreement relieve Property owner from providing other public facilities required undc
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 waives an
and all rights to notice of or challenges to the establishment or imposition of said fair share as
fee under provisions of Government Code section 66000 et sea., or any successor or relate
statutes.
9 a) The City and Property Owner hereby agree that this agreement supersedes an
prior written agreement between the City and Property Owner concerning Property Owner
fair share obligation for the Project covered by this Agreement (“Prior Agreement”), if any.
b) The City acknowledges that, prior to, December 10, 1996, the undersign<
Property Owner had paid to the city excess fair share payments totaling $310,080 (102 sing11
family units times $3,040 per unit) (the “Excess Fair Share Payments”) pursuant to tk
following Prior Agreement between the City and Property Owner covering the Projec
developed by Property Owner in Carlsbad: Petition, Waiver and Consent to Creation of
Community Facilities District and Agreement to Pay Fair Share dated March 19, 19s
(covering Tentative Tract Map CT 85-15);
c) City hereby agrees to refind to Property Owner, by check, the total amount
Excess Fair Share Payments.
10) a) vthe District is formed subsequent to h t e payment by Property Ownt
of the fair share pursuant to this agreement, Property Owner’s financial obligation shall 1:
recalculated using the taxing formula established for the District for the Improvemenl
described in Paragraph 1. If that obligation is lower than the amount previously paid (
provided by Property Owner to City, City shall additionally refund any newly calculate
excess, in the manner described below.
b) Any refund shall be made from funds available within District upon Distric
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 resource
Property Owner shall be reimbursed in the order in which funds were deposited with City :
soon as sufficient funds become available, as determined by the City Council, through tk
payment of one-time taxes or annual undeveloped land taxes to the District. The city is nc
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 sufficie:
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 0th
parties shall be deposited in a special interest bearing fund and may only be used to fund tl
improvement cost of the facilities described herein. Upon the formation of a CFD to fhd the
same Improvements, any amount remaining in the special fund may be transferred to the CF
fund, at the discretion of the Finance Director.
w. 11. Upon completlon of the Improvements, an !P recording of the notice (
completion for the final phase of the Improvements, the City Engineer shall determine the tot;
cost of all phases of the Improvements and all related work (“Costs”), and the Financ
Director shall determine the total amount of revenue including fees, taxes, interest earned o
funds restricted to use only on the Improvements, and other sources of funds received by th
City dedicated to paying for the construction of the Improvements (“Revenues”). The Financ
Director shall then compare the amount of Costs and Revenues to determine if there are an
excess Revenues as described below. If excess Revenues of more than $100,000 exist, th
Finance Director shall provide refunds to all eligible parties of all excess Revenues in a
amount and in the manner described below. If excess Revenues are equal to, or less tha
$100,000 the City shall retain these funds in a special fimd to be used to finance street repai
maintenance, and landscaping withn the Improvements.
a) The total amount of excess Revenues shall be determined by deducting th
amount of the project Costs from the available Revenues. Total project Costs shall include a
costs to plan, design, construct, mitigate environmental impacts, inspect, and othenvis
complete the project to the satisfaction of the City Engineer, including applicable charges fc
City staff services. Total Revenues shall include all monies held by the City dedicate
exclusively to the construction of the Improvements including any fee revenues earmarked fc
the Project, CFD #2 taxes, applicable CFD #1 taxes, grants, and interest earned on restricte
funds as determined by the Finance Director.
b) The amount of the refind due to any party shall be based on the proportion c
that party’s payments under this agreement based on its’ proportional share of Equivaler
Dwelling Units (“EDUs”) constructed or to be constructed by that party, weighted as describe
in Exhibit A, divided by the total number of EDUs constructed or to be constructed within, an
W participating in, CFD #2 andor this agreement. The amount of the refund shall be determine
by multiplying the proportional share computed above by the total amount of excess revenues.
c) In order to share in the refund of any portion of the excess Revenues, tk
eligible party must request to be included in the distribution of funds. Such request must I:
made within 90 days after the City Council’s acceptance of the Notice of Completion for tk
final phase of the Improvements. Each request must be accompanied by documents indicatir
clear title to the refund unless the request is being made by the party which originally paid tk
City pursuant to this agreement or paid taxes to CFD #2.
d) The Finance Director shall compute the amount of the refund due each party :
described above. Funds may be disbursed to the eligible parties following Council approval (
such refunds.
e) If the City does not receive requests for refund from all eligible parties with
I the specified period, and all Gds cannot be disbursed as provided by this section, ar
remaining funds shall be held in a special fund to be used to support road and roadw:
maintenance in and around the Improvements area, as determined to be necessary by the Ci.
Engineer, and approved by the City Council.
f) As a courtesy to all interested parties, the City will maintain a file of tho:
individuals or companies entitled to a refund, and will mail notices of refund availability to tl
names and addresses in this file following the City Council’s acceptance of the final Notice (
Completion. It is the eligible party’s responsibility to notify the City if the rights to ax
refunds under this section are assigned to another party, or if there is a change in name 1
address for the eligible party. The City takes no responsibility for the accuracy of tl
w e information included m this file, and is under no obligation to locate persons or entities wh
are entitled to refunds. Failure to notify any party of the availability of excess Revenues sha
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 alternate t
the method described in the current Local Facilities Management Plans for local facilitie
Management Zones 6, 11 and 12 for financing the Improvements described in Paragraph 1
Neither the Prior Agreement nor this agreement requires the City to issue building permits c
other development permits or grant approvals or relieve Property Owner of the obligation t
comply with all applicable provisions of law, including but not limited to Carlsbad Municipa
Code Titles 18, 19,20 and 21.
13. Compliance with the provisions of this agreement is a condition of all futurc
discretionary approval for the Improvements. If Property Owner does not comply with thc
provisions of this agreement, approval of the Project will not be consistent with the Genera
Plan, the Growth Management Program, and the Local Facilities Management Plan, and a1
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 grading,
building or other development permits or take any discretionary action until the Propem
Owner has complied with the terms of this agreement due to be satisfied at the time suck
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.
e e
16. City shall not, nor shall any officer or employee of City, be liable or responsibl
for any loss or damage incurred by Property Owner or any successor or assign of Propert
Owner, or by any occupant in Property Owners buildings, as a result of the exercise of an
remedies provided to City in this agreement. Property Owner agrees to indemnify City for an
liabilities incurred by City as a result of City’s exercise of these remedies.
I 17. This agreement and the covenants contained herein shall be binding upon an(
inure to the benefit of the successors, heirs, assigns, and transferees of Property Owner wit€
respect to the Project only and City, and shall run with the Project and create an equitablc
servitude upon the Project.
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
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 andor city shall be addressed as
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 Towne Centre Dr. Su LlOl
San Diego, CA 92 122
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Each party shall notify the other immediately of any change that would require an!
notice delivered hereunder to be directed to another party.
19. This agreement shall be recorded but shall not create a lien or security interest il
the property, and shall release any obligation flowing from the Prior Agreement.
20. The undersigned Property Owner further states, under penalty of perjury, that h
was owner of the property as described herein on Exhibit “B”, or an authorized agent of th
owner at the time of the execution of the Prior Agreement, and has the authority to execute thi
document, including the binding authorization herein.
Executed this
*OWNER:
21 >& gd day of 1 qtKr’ -” 1997.
~&L.I~W‘!~\ ?lt-C I FlC WE5 CITYfiF@RL,SB9BY B Aficipal
5 ct.e w.\Cc:3 gj*&.&&& @%q=J* -? p. ..
l&pAfTfi ATTEST,
(print name here)
&L.&J/i?wt &>, kkir.- R. Ray
LQJ%
(title sihatory) 1 Aletha L. Rautenkranz, City Clerk
A ro d as to form:
~~ ~ Ronald R. Ball 3 . ~~7 7,
City Attorney
(Proper notarial acknowledgment of execution by *OWNER must be attached.) President
vice-president and secretary or assistant secretary must sign for corporations. If only c
officer signs, the corporation must attach a resolution certified by the secretary or assist
secretary under corporate seal empowering that officer to bind the corporation.
1
}
STATE OF CALIFORNIA L;;,4 + }ss. COUNTY OF "1 L. ,.,.;?/I 'pJ, ,+\, L,
",
/- I "r ii On /*tb. a/j /4? 7 , before me, iJ/,,<,[,i [, :? {A,i %,/(."
personally appeared s/&?)Q)q &?\: ?\ i). \#fl>j . .. ) I(-, p:: J kc 8;1JD .-c /I
hq/ i) , /.A" 1 &&j,iy,fi , personally known to I
(w-proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is4
subscribed to the within instrument and acknowledged to me that he/she/ixecuted the sal
in his/hermuthorized capacity(ies), and that by his/herJthei;'signature(s) "" I - J on the instrument 1
person(s) or the entity upon behalf of which the person(s) acted, executed the instrument.
"/< I. * " - -
WITNESS my hand and official seal. isG.T2 @ JULIE HEYSER-~
Signature
G$T -,~c$NOTARY puG?Ic CALIFORNIA
Cornm ftlO45644 G) ,pt 52 9 k .-, .,. .,.-..-w-,-..,J
2- - SAN DIEGO COUNTY 0 LC, J-. & &'$- "
/j
9 %mp+ Cornrn Exp:es:zn 24 1939 A
b' d
iTlw area for ofkal no:artai seal)
~~ _." 1 Title of Document 1 Date of Document No. of Pages I Other signatures not acknowledged
I
3008 (1 !94]
Farci @.mar,r.zn T.Iln irrr,srznco
0 EXHIBIT A w
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 shx
obligation for fimding the construction of Rancho Santa Fe and Olivenhain Road due fror
property conditioned to participate in the financing of these facilities. This calculation is don
as part of an agreement titled PETITION, WAIVER AND CONSENT TO CREATION OF 1
C0"UNITY FACILITIES DISTRICT AND AGREEMENT TO PAY FAIR SHARE, ANI
RELEASE OF PRIOR OBLIGATION (Agreement) which has been voluntarily entered into b
the City of Carlsbad and certain property owners wishing to proceed with development of the:
property in advance of the creation of Community Facilities District No. 2 (CFD No. 2). It i
the City and property owners intent to form CFD No. 2 to provide funding for thos
improvements described within the above-referenced agreement.
The following rate and method shall be used to determine the fair share and amount due fror
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 of th
improvements described in the Agreement shall be the Equivalent Dwelling Unit (EDU) whic
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 Cit
Engineer based on the most recent final map submitted to the City for approval.
W W
The EDU determination for non-residential development shall be made by the City Enginel
when such a determination is requested by the property owner. The City Engineer may reque
additional information from any property owner as may be necessary to make h
determination. The City Engineer is not required to make a determination on the number (
EDUs for any project until adequate information is available.
The City Engineer's determination shall be submitted to the City Council in the table belo1
The City Council shall make the final determination of the number of EDUs to be used
computing the fair share obligation for any project.
Fair Share Amount and Method of Payment
The City shall collect $10,250 for each EDU as determined by the City Council. This amou
shall be collected in one payment of $10,250. If the City Council determines the Ci
Engineer's calculation of the number of EDUs included on the final map is in error, the Counc
shall direct the City Engineer to amend his calculations and direct staff to bring the final m;
back for approval when such correction has taken place. Funds must be paid to the City befo
the final map will be scheduled for Council consideration.
0 0
Computation of Fair Share Obligation
Califomra Pacific Homes - CT 85-9
Amount Paid Under RIlmlning 6aImw
Typrof f Total Num~er Cost Per Total . Units 1 Amwnt Unit Per Unit of Units 1 Unit I Due PfQtKt
0- Prior Agrumom
Units 1 Amount
CT 90-4 0 I 102 1,045,500 sing^^ farm& 1 .o 102 10,250 1,045.500 1 ITObI 102 A
I I 1.045.500( 102 1.045.500/ 0 (
1 I I I
If the property owner has already obtained a final map for units conditioned with the
financin_e of Rancho Santa Fe and Oiivenhk Road, the property owner shall pay to the City
the net amount due shown above prior to entering into this agreement.
m a
EXHIBIT B
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNI
COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
THAT PORTION OF LOT 9 OF RANCHO LAS ENCINITAS, IN THE CITY
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO r? THEREOF NO. 848, FILED IN THE OFFICE OF THE COUNTY RECORDER OF S
DIEGO COUNTY, JUNE 27, 1898, DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST EASTERLY CORNER OF LOT 179 OF CARLSBAD TRA
NO. 81-16 (VISTA SANTA FE, UNIT NO. 3), IN THE CITY OF CARLSBI! COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THERE NO. 11129, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIE
COUNTY , JANUARY 27, 1985 ; THENCE ALONG THE BOUNDARY OF SAID MAP K
11129, NORTH 35O26'45" WEST, 100.00 FEET; THENCE NORTH 15O39'S WEST, 57.61 FEET; THENCE NORTH 38°58'0811 WEST, 101.00 FEET; THE3
NORTH 34°31'4111 WEST, 60.00 FEET; THENCE SOUTH 55O28'19" WEST, 19. FEET TO THE BEGINNING OF A ,.TANGENT 20.00 FOOT RADIUS CURVE, CONCA NORTHERLY; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, THROUGH
-CENTRAL ANGLE OF 88'15'18", A DISTANCE OF 30.81 FEET; THENCE NOR
36'16'23I' WEST, 109.69 FEET TO THE BEGINNING OF A TANGENT 170.00 FO RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY ALONG T
ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 3'53'14", A DISTANCE
11.53 FEET; THENCE NORTH 32°23r091e WEST, 15.74 FEET TO THE BEGINNI
OF A TANGENT 65.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; THEN
NORTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE
16O15'36", A DISTANCE OF 18.45 FEET TO A POINT OF REVERSE CURVATU
WITH AN 8.5 . 00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THEN NORTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE 1
16°15'3611, A DISTANCE OF 24.12 FEET; THENCE NORTH 32'23'09" WES'
24.00 FEET TO THE BEGINNING OF A TANGENT 20.00 FOOT RADIUS CURV CONCAVE EASTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURV
THROUGH A CENTRAL ANGLE OF 84038'40e1, A DISTANCE OF 29.55 FEE'
THENCE LEAVING SAID CURVE ALONG THE PROLONGATION OF RADIAL LINE '
SAID CURVE, NORTH 37'44'29I' WEST, 60.00 FEET TO A POINT ON T
NORTHERLY BOUNDARY OF PARCEL B OF CERTIFICATE OF COMPLIANCE FILED THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 2
1984 AS FILE NO. 84-358890 OF OFFICIAL RECORDS, SAID POINT BEING THE ARC OF A NON-TANGENT 520 . 00 FOOT RADIUS CURVE, CONCA
NORTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 37'44'2
EAST; THENCE ALONG THE BOUNDARY OF SAID PARCEL B, NORTHEASTERLY ALOl THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 2 O33 '03",
DISTANCE OF 23.15 FEET; THENCE NORTH 49O42'28" EAST, 370.82 FEET r
THE BEGINNING OF A TANGENT 730.00 FOOT RADIUS CURVE, CONCA' SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURV:
THROUGH A CENTRAL ANGLE OF 17°21'11*1, A DISTANCE OF 221.09 FEE
. e 'W
Page Two of Exhibit B
THENCE NORTH 67O03'39" EAST, 144.79 FEET TO THE BEGINNING OF
TANGENT 270 - 00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY ; THE
NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE
16056'41q1, A DISTANCE OF 109.42 FEET; THENCE NORTH 50O06'58" EA;
9.69 FEET TO THE BEGINNING OF A TANGENT 400.00 FOOT RADIUS CUR'
CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF S. CURVE, THROUGH A CENTRAL ANGLE OF 17O51'02", A DISTANCE OF 124 FEET; THENCE NORTH 67°58'0011 EAST, 121.06 FEET TO THE BEGINNING 0: TANGENT 20.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY; THE
NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE
90°00'O01q, A DISTANCE OF 31.42 FEET TO THE POINT OF CUSP TO WHIC RADIAL LINE BEARS NORTH 67O58'OOg1 EAST; THENCE LEAVING SAID CU
ALONG A TANGENT LINE, SOUTH 22°02f00n EAST, 202.60 FEET; THENCE NO
67°58r0011 EAST, 60.00 FEET; THENCE SOUTH 22°02'001q EAST, 450.00 F
TO THE BEGINNING OF A TANGENT 1,030.00 FOOT RADIUS CURVE, CONC
WESTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, THROUG; CENTRAL ANGLE OF 12044'30f1, A DISTANCE OF 229.06 FEET; THENCE SO
09°17'301' EAST, A DISTANCE OF 150.00 FEET TO THE BEGINNING 01
TANGENT 930.00 FOOT RADIUS CURVE, CONCAVE WESTERLY; THENCE SOUTHE ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 24 O04 '51"
DISTANCE OF 390.87 FEET; THENCE LEAVING SAID CURVE ALONG A N
TANGENT LINE, SOUTH 63°37.r0511 WEST, 1,007.25 FEET; THENCE SO
87 O38 '31q1 WEST, 114 . 29 FEET; THENCE LEAVING SAID BOUNDARY OF PAR
.- B, NORTH 02°21'2911 WEST, 181.84 FEET; THENCE NORTH 35O05'54" WE
184.00 FEET; THENCE NORTH 39°38t2211 WEST, 100.00 FEET; THENCE NO
50°21'3811 EAST, 99.44 FEET; THENCE NORTH 39°38f22q1 WEST, 220.66 FF
THENCE NORTH 53°21'0311 EAST, 152.51 FEET; THENCE SOUTH 15O21' EAST, 58.74 FEET; THENCE SOUTH 35°26'4511 EAST, 102.00 FEET; THE NORTH 54O33'15" EAST, 120.37 FEET TO THE POINT OF BEGINNING-
Ld-nuy-ae L Pam 0) EX1 NU. z - PRELIMINARY COST Esn TE SUMMARY
CITY OF CARLSBAD COMMUNITY FACILITIES DISTRICT NO. 2
STAGE COST SUMMARY
I
STAGE 1: OLlVENHAlN ROAD
AREA A, (@ EL CAMINO REAL) $2,503,000
AREA 8, (@ RANCHO SANTA FE RD.) $91 2,000
DETENTION BASIN 'D' $871,000 """"- """-"
TOTAL STAGE 1 $4,286,000
STAGES 2: RANCHO SANTA FE ROAD, PHASE 1 $1 5,032,000
STAGES 3: RANCHO SANTA FE ROAD, PHASE II
'.
$1 4,230,000
STAGE 4: RANCHO SANTA FE ROAD SOUTH $3,109,000
""""_ """"_
CFD NO. 2 TOTAL $36,657,000
FILE: SUMMARY.WQ1 PREPARED BY: HELMING ENGINEERIF
n "4/A